for the rental of the Azalea apartment
These General Terms and Conditions apply to contracts for the short-term rental of the Appartement Azalea in Oetz for accommodation purposes.
The contractual partners are Andrea Keri as the landlord and the booking person as the guest or contractual partner.
The specific length of stay booked, number of guests, prices, additional services, and other booking details result from the respective offer, the online booking system, the booking confirmation, or the rental agreement. Individual agreements take precedence over these General Terms and Conditions.
The depiction of the apartment on the website or on booking platforms does not yet constitute a binding contractual offer, unless explicitly stated otherwise.
The contract becomes effective as soon as the booking is confirmed by Appartement Azalea or a binding booking confirmation is issued via the booking system used.
The guest is obliged to check the booking confirmation for accuracy and to report any recognizable errors as soon as possible.
The prices agreed upon at the time of booking or displayed in the booking system shall apply. The total price and any additional costs will be shown before the booking is completed.
Water, electricity, heating, Wi-Fi, bed linen, towels, and the parking space belonging to the accommodation are included in the agreed accommodation price, unless otherwise stated at the time of booking.
The agreed security deposit as well as any outstanding utility costs must be paid in full at the latest before arrival.
If a payment due is not made on time, the landlady may rescind the contract in accordance with statutory provisions after setting a reasonable grace period. For bookings made via external booking platforms, the payment terms agreed upon there shall apply.
For the stay, a deposit of currently € 300.00 charged, unless otherwise agreed at the time of booking. It serves to secure legitimate claims, in particular for damages caused by the guest, missing items, loss of keys or access cards, or other outstanding balances. After departure and inspection of the apartment, the deposit will be refunded within a reasonable period, provided there are no legitimate claims. Normal wear and tear or age-related depreciation shall not be considered damage subject to compensation.
Different times are only possible by prior arrangement. Access is generally provided via a key safe or the deployed self-check-in system.
The access information will only be transmitted once the due payments have been received in full, the required registration data has been fully submitted, and any additionally agreed check-in documents are available.
In the event of an unagreed late departure, the actual reasonable additional costs incurred as a result may be charged.
The apartment may only be used by the number of persons specified and confirmed at the time of booking. The maximum occupancy is currently six persons.
Additional persons must be registered in advance and confirmed. Transfer or subletting to third parties is not permitted without express consent.
The conclusion of an accommodation contract requires the necessary legal capacity. As a rule, minors may only use the apartment together with an adult person who has a duty of supervision or is appropriately authorized, unless expressly agreed otherwise.
The apartment is a non-smoking accommodation. Smoking is not permitted in the apartment or anywhere inside the building. In the event of any resulting additional cleaning or restoration work, the actual reasonable costs incurred may be charged.
Bringing pets is only permitted with prior registration and approval. An additional fee, as indicated at the time of booking, may be charged for pets.
Pets are not allowed to sleep in beds. The guest is liable in accordance with statutory provisions for any damage culpably caused by the pet. If an extraordinary additional cleaning effort arises due to a violation, the actually required reasonable cleaning costs may be charged.
The guest undertakes to treat the apartment, furnishings, and inventory with care. Any damage or defects recognizable upon arrival should be reported as promptly as possible. Damage caused during the stay must also be reported immediately.
The guest is liable according to statutory provisions for damages culpably caused by the guest, their fellow travelers, visitors, or animals brought along. In the event of the loss of a key or other access medium, the actually required and reasonable costs for replacement or necessary security measures must be reimbursed.
Defects occurring during the stay should be reported as promptly as possible so that an opportunity for remedy can be provided. Legitimate defects will be remedied as quickly as possible within the scope of what is reasonable and feasible. Statutory claims for warranty, price reduction, and damages remain unaffected.
Unless otherwise expressly agreed at the time of booking, the following cancellation fees apply:
Saved expenses and benefits from alternative rental will be credited insofar as this is required by law. The guest reserves the right to prove that no damage or significantly less damage has occurred.
For contracts regarding accommodation services for a specific date or period, there is no general 14-day right of withdrawal for distance selling contracts pursuant to Section 18 Paragraph 1 Clause 10 of the FAGG (Austrian Distance and Off-Premises Transactions Act). Therefore, a binding booking cannot be cancelled free of charge within 14 days solely because it was concluded online, by telephone, or via email. The agreed cancellation conditions are decisive.
In case of non-arrival, the agreed cancellation policies apply. In the event of a late arrival or voluntary early departure, there is generally no entitlement to a refund for unused nights, unless mandatory law provides otherwise. Saved expenses or alternative rentals shall be credited to the extent required by law.
If the apartment cannot be provided for a reason beyond the landlady's control, the guest will be informed as soon as possible. Where possible, a suitable alternative accommodation can be offered. The guest is not obliged to accept this. If no alternative accommodation accepted by the guest is offered, payments for services not rendered will be refunded. Further statutory claims remain unaffected.
In the event of occurrences outside the landlord's direct sphere of influence, statutory provisions shall apply. These may include, in particular, unforeseen failures of public utility, telecommunication, or internet networks. Statutory liability for circumstances for which the landlord is responsible shall remain unaffected.
Where Wi-Fi is provided, it is an additional service accompanying the stay. A specific speed or uninterrupted availability is only owed if this has been expressly guaranteed. Internet access must not be used for unlawful purposes.
The parking space belonging to the accommodation may be used in accordance with the property description. The provision of the parking space does not constitute a separate custody agreement. The statutory liability provisions apply to damage or loss.
The guest is obliged to provide all information required to fulfill statutory guest registration and levy obligations completely and truthfully. The registration may be carried out via an electronic guest registration system. The statutory visitor's tax applicable in each case must be paid unless it is expressly included in the total price.
Insofar as services such as the Ötztal Inside Summer Card, guest cards, partner services, or other benefits are offered for the booked period of stay, their scope, validity, and conditions of use shall be governed by the respective applicable terms of the individual service provider. Changes to the scope of services by the respective third-party provider are beyond the control of the landlady.
Insofar as the landlady merely arranges services of independent third parties or enables the guest to book them, the conditions of the respective third party shall apply additionally. For services that are not part of the accommodation agreement, the respective service provider shall be liable in accordance with statutory provisions.
The landlady is liable in accordance with the statutory provisions. The statutory liability provisions apply to personal items, vehicles, and other belongings of the guest. Legally mandatory liability claims, in particular due to personal injury or other mandatory consumer protection provisions, are not restricted by these General Terms and Conditions.
Information on the processing of personal data can be found in the current privacy policy of Appartement Azalea. In particular, Webplanner and other service providers used in the booking or payment process may be used for booking management.
Communication can take place in particular by e-mail, via web planners and via the booking platform used in each case. The guest is obliged to provide a correct and reachable e-mail address and up-to-date contact details.
Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
The statutory jurisdiction rules apply to consumers. For contracts with business entities, the court with subject-matter jurisdiction at the lessor's registered office is agreed upon, to the extent permitted by law.
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain unaffected thereby, to the extent permitted by law. The statutory provisions shall replace any invalid provision.
The General Terms and Conditions valid at the time of contract conclusion, as well as the individually agreed booking conditions, shall apply.
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