Terms of Service and Rental
The Terms of Service and Rental have been translated from German to English to the best of our knowledge. If there are any uncertainties, please do not hesitate to contact us. Please note that only the German version is legally valid. The following terms and conditions govern the contractual relationship between you(hereafter referred to as tenant) and the OwnerCommunity
c/o U. und T. Minichmayr
e.g. under the brand Lila-Appartements, Penthouse am Sonnenhang or Penthouse Sonnenhang respectively reachable in the WordWideWeb at the following Web-/HomePagesLila-Appartements.at, PenthouseAmSonnenhang.at, PenthouseSonnenhang.at, HausAmSonnenhang.at or SunlodgeSchladming.net (hereafter referred to as lessor).
Each customer or tenant already accepts the following conditions with the reservation request for him/herself, as well as also for the persons and guests who are registered and accompanying him / her. The tenant is also liable for his / her fellow travellers. By referring to tenant hereafter, we speak about the tenant, his/her fellow travellers and/or other guests.
For bookings that were not made through our websites but through other portals (e.g. AirBnB, …) our terms and conditions apply additionally. For individual overlapping points / paragraphs, those of the utilized booking portal applies.
2. Booking, contractual relationships, costs and terms of payment
You can make your reservation by phone, in writing or online via one of our homepages (or via various booking portals such as AirBnB, …) for one of our holiday properties. You will receive a written confirmation immediately, if the requested property is free for rental. The tenant confirms the reservation with paying 50% or 100% of the rental amount by bank transfer within 10 days after receiving the reservation confirmation. The eventually remaining balance must be paid 30 days before arrival at the latest. For bookings less than 30 days before the check-in date, the total rental sum must be transferred immediately. Any payments have to be transferred on the lessor’s account in time and free of charge.
The contract between tenant and lessor is concluded and legally valid with the transmission of the reservation confirmation. If the content of the submitted reservation confirmation deviates from other sources (such as the description of the accommodation on the homepage, etc.), the tenant concludes the contract with his down payment and accepts the contract on the basis of the reservation confirmation with the varied conditions.
If no down payment is made in the specified amount within 10 days, the lessor sees the reservation as obsolete.
If the tenant gets in arrears with his payment(s), the lessor is entitled to terminate the contract without further notice, to charge cancellation fees and to rent the property to someone else.
The lessor charges for each reservation a non-refundable processing fee of 40.00 Euros.
3. Services and prices
The prices shown are daily prices for the use of the entire holiday property including furniture, the normal energy consumption and all commodities for the specified number of persons booked. The minimum rental period is normally seven nights, unless otherwise agreed and confirmed in the reservation confirmation.
Arrival and departure are usually on Saturday, unless otherwise agreed and confirmed in the reservation confirmation. The price information explicitly states which additional services are included and which are not – such as towels, bed linen, final cleaning, pets, extra beds / cribs and overnight stay (local tax) etc. Extra Services and their costs are stated separately. These amounts will be invoiced together with the rental price. Not included in the rental price and payable in cash on the spot – if available – are additional services requested by the customer such as additional cleaning, extra linen, etc. All prices quoted are gross prices.
4. Type of use or rental purpose
The usage of the apartment by the tenant and his registered guests is limited to private purposes (use of a holiday apartment) only. Sub-letting is not allowed. Any commercial use is prohibited. Any events, parties, celebrations, etc. are prohibited. Furthermore, the house rules must be observed. Any exceptions require the written confirmation of the lessor.
5. Changes in Performance & Price
The description of the objects and the price calculation have been made with great care. It may happen that there are price or performance changes. If this is the case, we will inform you with the booking at the latest. If there are any differences between the homepage, the offer and the reservation confirmation, the agreements on the reservation confirmation apply. The correction of obvious errors, e.g. due to printing and calculation errors, remains reserved. If significant changes in service occur after the conclusion of the contract, you can withdraw from the contract within five days of receiving the notification. Already made payments are refunded. Price changes up to 30 days before arrival are expressly reserved for the following reasons: Increase or introduction of duties and taxes on certain services, change of exchange rates after conclusion of the contract, etc.
6. Arrival and departure, shortening or extension of the stay
The tenant is obliged to communicate his arrival. The check-in period should take place between 4pm (16:00) and at the latest 6pm (18:00), the check-out is at 10am (10:00) at the latest. If the tenant arrives later than 6 pm, the lessor must be informed as soon as possible and check, if a later check in is possible (the addresses and contact numbers can be found in the reservation confirmation). In certain situations, an earlier or later check-in is possible, after written arrangement with the lessor. The lessor hands over the keys on the day of arrival, as agreed on the telephone and/or confirmed in writing.
If the tenant will not be able to meet the check-in deadline (as a result of traffic jam, weather conditions, illness, accident, etc.) and cannot take over the object as planned, the entire rental price will be charged. The same applies if the tenant leaves the property earlier. If the tenant wants to extend the stay, we advise to contact the lessor as soon as possible, if the stay can be extended.
7. Withdrawal from the contract by the tenant
Cancellation costs for bookings in the high winter season:
Contracts for the high winter season (e.g. Austrian Christmas holidays from 23rd December until 6th of January or the whole February, etc.) cannotbe cancelled free of charge.
- more than 6 months prior arrival date = 50% cancellation fee
- 6 month before the arrival date until
arrivalor no arrival
or early departure = 100% cancellation fee
Cancellation costs for bookings outside the high winter season:
Otherwise, the tenant can cancel the rental contract up to 6 months before arrival without any cancellation fee. In case of a cancellation or in case of a change of the booking less than 6 months prior to the arrival date, the lessor is allowed to charge the following percentage as cancellation fees:
- more than 6 months prior arrival date = free cancellation possible
- 6 months to more than 1 month before
the arrival date = 50% cancellation fee
- 1 month before the arrival date until
arrival or no arrival
or early departure = 100% cancellation fee
The relevant date is the arrival date of the written notification at the booking office sent by the tenant (on Sundays and public holidays the next Austrian working day is authoritative). The lessor expressly recommends the conclusion of a private travel insurance. If the tenant gets in arrears with his payment(s), the lessor is entitled to terminate the contract without further notice, to charge cancellation fees and to rent the property to someone else.
The processing fee of the reservation remains in any case upright and is not refundable.
If the tenant has booked through a booking platform such as Airbnb or Booking.Com, the respectively agreed cancellation conditions of the respective booking platform for the conclusion of the contract apply.
8. Contract termination by the Lessor
The lessor is entitled to terminate the contract in case of force majeure, war, and strike, changed dispositions of the owners or similar compelling reasons. The rental prepayments will be refunded in this case in full. The processing fee of the reservation remains in any case upright and is not refundable. The lessor reserves the right to withdraw from a booking confirmation within 72 hours without giving reasons.
9. Duties of the Tenant
By default, two keys are issued per apartment unit. In case of loss or damage, a fee of € 150.00 per key will be charged. When taking over the keys, a security deposit of € 500.00 has to be paid. t is requested to transfer the deposit electronically in advance to the lessor’s account free of charge. After your departure, the deposit will be refunded after deduction of any costs for not met duties or damages.
The property may only be used by the designated number of persons and as stated in the booking confirmation (children and babies included). The same applies if you arrive with other people than stated in the booking confirmation. Additional or changed people can be rejected by the lessor or charged separately. The rental property, all facilities as well as electronic and digital devices, etc. are handed over by the lessor in perfect and clean condition. These have to be used carefully by the tenant and the registered persons and guests.
The tenant is responsible for cleaning of the kitchen, kitchen equipment, crockery, cutlery etc. It is not included in the final cleaning. At the time of checkout, the apartment has to be left in clean and tidy condition. For further information and on waste disposals there is an on-site guest manual. When departing, the two keys have to be handed over to the lessor personally and exclusively (unless there is no other written agreement with the lessor).
Smoking is not permitted in the entire apartment, terrace / loggia and the house itself. he keeping of animals in the rental property is permitted only after prior written agreement with the lessor and only for a fee. A barbecue (attention to flying sparks) is located in the southern garden area, however in the apartment or on the terrace / loggia must not be grilled.
If the tenant, fellow travellers or guests cause a damage, the damage must be reported immediately to the lessor. The tenant is liable for any damage caused by him or fellow travellers. Not immediately visible damage caused can be complained of by lessors up to 14 days after departure of the tenants, unless the tenant is able to prove his innocence. The same applies if the apartment cannot be handed over to next tenants due to any caused damage. Damages will be charged against the lodged security deposit. Suspected damage or major damage (not reported) which exceeds the deposit, are brought to the indictment immediately and sued for.
The tenant agree to follow the house rules. They are documented in the guest manual or you ask the lessor. In all rental properties partying is forbidden, between noon (12:00) and 3pm (15:00) and from 10pm to 6am (22:00 to 06:00), please keep calm.
The tenant locks the doors (two-folded) each time when leaving the property and closes the front doors at the ground floor and cellar / garden level. Furthermore, the tenant switches off the electricity in the apartment when leaving the apartment. There is an “all-off” button in the apartment, next to the entrance door. Details in the guest manual.
The lessor is not liable for any personal losses of the tenant or losses of the lessor’s possessions, neither in the apartment nor on the properties. The lessor is also not liable if any personal or lessor’s goods are stolen.
The optionally usable sauna or infrared cabin in the wellness area may be used as a result of an official review only in the presence of a second person!
10. Complaints, claims for damages
In case of any complaints, please contact the lessor directly and within 24 hours after the check-in. Any defect or damage must be reported immediately. Later complaints after departure cannot be accepted. Information and descriptions were given to the best of our knowledge and belief, but without the guarantee of accuracy. The lessor neither assumes liabilities to the tenant while using the apartment, nor is the lessor responsible for the tenant‘s property. There is no property insurance for tenants.
The apartment has free internet access. This internet access can be used by a Wi-Fi or the TVs in the apartment. It is strictly forbidden, that the tenant or his fellow travellers change, convert, disconnect or plug in internet devices, the Internet infrastructure, network cables, devices, etc.
There is no right to an availability or function of this free Internet or WLAN service.
The use of the Internet must not be made possible for third parties or the code may not be given to third parties. The code expires after a certain time of usage. However, a new code can be requested. For further information, please contact the lessor. By issuing the code or making the Internet available (for example, via WLAN, automatically via TV, etc.), the lessor assumes no liability and obligations. The use is made according to the technical possibilities.
In particular, the tenant and fellow travellers have no right to use the Internet in a particular way or for a certain period of time.
Using the internet excludes any liability, in particular for warranty and damages (with the exception of intent and bodily injury). In particular, no liability is assumed for the content of accessed websites or downloaded files. Furthermore, there are no liabilities for any virus attack by using the Internet. The tenant is liable for damages on personal devices or for damages on the lessor’s equipment. The tenant himself bears the costs for a possible repair.
The tenant expressly acknowledges that the Internet only allows access to the Internet but does not contain any antivirus or firewall. The use of illegal content pages and the distribution of illegal or legally protected content is prohibited. In particular, the tenant is expressly prohibited from using the Internet to download or distribute copyrighted content.
Any improper use of the Internet, in particular any use that may entail adverse legal consequences for third parties or the lessor, is prohibited. If the lessor is exposed to third-party claims for any reason by the tenant’s use of the Internet, the tenant is obliged to indemnify the lessor in this regard.
13. Video Surveillance
To possibly facilitate the self-check-in to the apartment or to ensure better security for the tenant, there is a video surveillance installed at the entrance door of the apartment. This system records data only when motion is detected, sound cannot be recorded. If you want to prevent any recording during your stay, you can simply cover the camera.
14. Choice of law, jurisdiction and severability clause
The place of performance and place of jurisdiction for all legal disputes that may arise from the legal relationship between lessor and tenant is Wels in Upper Austria. Price changes and errors are reserved. This legal relationship is subject exclusively to the provisions of Austrian law. Changes and additions to this contract must be made in writing. Verbal agreements are not valid. Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the contract. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.