1. The online service, which is operated by Kurzzeitwohnen GmbH, provides addresses referring to accommodation to persons enquiring for such accommodation in order to conclude sales-, swap-, rent- or other contracts, which refer to usage or utilization of that accommodation.

    The contract relations between the operator of the online service, which is Kurzzeitwohnen GmbH. (hereinafter referred to as: kurzzeitwohnen), and the enquirer for accommodation (hereinafter re-ferred to as: enquirer) are subject to the following business terms and conditions. The contract relations are exclusively regulated by the fol-lowing terms and conditions, any other terms and conditions whatsoever are not accepted.

  2. The enquirer receives addresses and contact details of persons offering accommodation, which he contacts himself. In compliance with the law, kurzzeitwohnen does not act as agent regarding the conclusion of contracts aiming at the usage of accommodation.

  3. Kurzzeitwohnen cannot guarantee, or take over liability, that conclusion of a contract regarding a presented address is possible at all.

  4. The enquirer is obliged to inform kurzzeitwohnen without delay - but at the latest within four days from notification of an address - about the conclusion or non-conclusion of an agreement regarding an address that has been provided.

  5. The service fee for the address provided accrues on conclusion of an agreement between the enquirer and the provider of accommodation - whether the agreement is oral or written, explicit or tacit - or at the time, when the enquirer takes up factual residence in the mentioned property. The payment is due upon receipt of the invoice.

    The service fee for successful conclusion of the contract/factual resi-dence amounts to 19 % excl. VAT of the whole tenancy costs (see below section 12) for the period of time as originally agreed or subsequently extended (see below section 11).

  6. In case of delayed payments, 12 % interest p.a. are agreed and for every reminder an additional fee of € 15,00 has to be paid. In case kurzzeit-wohnen requests a collection agency or a lawyer with the debt collection, the enquirer shall pay all reasonable costs provided for in the relevant tariffs.

  7. The service fee according to section 5 is also payable, if alternative accommodation is offered to the enquirer by the provider and a contract is made, or residence is taken, regarding the alternative accommodation.

  8. If accommodation is enquired for third parties (for example employers), the enquirer is nevertheless liable for the service fee and possible additional claims according to section 6.

  9. The address provided by kurzzeitwohnen may not be relayed to any third party. In the case of relaying the address to any third party the enquirer is liable to make penalty payment in the amount of EUR 900.00 that is not subject to mitigation by a court.

  10. The enquirer acknowledges that the online site of kurzzeitwohnen also contains offers from other address providers. If one of these offers results in a contract the other provider’s service charge will be billed by and has to be paid directly to the other provider. Any liability of kurzzeitwohnen for these offers and contracts is excluded.

  11. Should the accommodation presented by kurzzeitwohnen be required for a period of time longer than originally stated, kurzzeitwohnen must be in-formed immediately. The enquirer is obliged to inform kurzzeitwohnen of any extension of the tenancy period originally intended or stated in the contract, as this means recalculation of the service fee, thereby taking into account the extended period of time.

  12. The service fee payable upon conclusion of an agreement or taking resi-dence is based on the monthly rent including all extra costs, such as VAT, running costs, heating and maintenance, as offered on Subsequent changes of the monthly rent payments do not affect the basis of the fee. The same applies in case of premature termination, for whatever legal reason. An extension of the agreement for a longer period of time than taken into account when calculating the ser-vice fee, entitles kurzzeitwohnen to recalculate the service fee, which then amounts to 19 % plus VAT also for the extended period of time.

  13. Kurzzeitwohnen does not accept liability for the correctness of details or photographs presented on the website, for kurzzeitwohnen cannot examine their accuracy.

  14. In case of delayed payment, the enquirer expressly accepts that kurzzeit-wohnen may claim any deposit given to the owner of property by the enquirer.

  15. The enquirer expressly accepts that modifications of these business terms and conditions between the parties become legally effective by kurzzeit-wohnen’s notification of the changes, unless the enquirer declares dissent in writing within 14 days from notification.

  16. Place of performance and jurisdiction shall be the city of Salzburg.

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