General terms and conditions of business

Dorfstraße 1 | 6363 Westendorf | Austria
Represented by: Harold Lukassen & Miranda Bons
Company registration number: FN 402794W
VAT ID: ATU 68187213
Telephone: +43 676 3929 747 | Email: info@miha.tirol

 

1. Validity of the General Terms and Conditions

These General Terms and Conditions apply to contracts for the temporary rental of real estate for accommodation, as well as all other services and deliveries provided by the provider to the guest. The provider's services are provided exclusively on the basis of these General Terms and Conditions.

The subletting or further rental of the holiday apartment provided as well as its use for purposes other than residential purposes require the prior written consent of Miha Lodging Services GmbH.

The guest's terms and conditions shall only apply if they have been expressly agreed upon in writing in advance. Deviations from these terms and conditions are only valid if the provider has expressly confirmed them in writing.

2. Transfer agreement

(1) The rental agreement is concluded when Miha Lodging Services GmbH confirms the guest's booking request by telephone or in writing by post, email and/or fax or sends an invoice and thereby accepts the booking (acceptance of the application).

(2) The contracting parties are Miha Lodging Services GmbH and the guest. If a third party has made the reservation on behalf of the guest, they are jointly and severally liable to Miha Lodging Services GmbH for all obligations arising from this contract, provided that Miha Lodging Services GmbH has received a corresponding declaration from the third party.

(3) The guest is obligated to check the booking confirmation for accuracy. If the content of the booking confirmation or invoice differs from the booking request and the guest does not immediately object, the content of the booking confirmation or invoice shall be deemed to have been contractually agreed.

3. Services, payment, offsetting

(1) The provider is obligated to keep the property booked by the guest available and to provide the agreed services. The holiday apartment meets the standard of furnishings of an average apartment. Miha Lodging Services GmbH assumes a liability only for expressly promised features, but not for the subjective quality of the furnishings (e.g., ventilation).

(2) The guest is obligated to pay the applicable or agreed prices of Miha Lodging Services GmbH for the use of the property and any additional services used by the guest. This also applies to services and expenses incurred by Miha Lodging Services GmbH for third parties at the request of the guest.

(3) All prices are subject to the applicable statutory value added tax

(4) The guest is obligated to provide truthful information regarding the number of persons occupying the property. The property is available for a maximum of the agreed number of persons. Occupancy by a larger number of persons requires the prior written consent of Miha Lodging Services GmbH. In this case, the price for the rental of the property will increase to the price generally charged by Miha Lodging Services GmbH for such occupancy.

(5) If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by Miha Lodging Services GmbH for such services increases, the provider may increase the contractually agreed price appropriately, but by no more than 10%.

(6) Payment of the agreed price for the rental of the property, as well as for any additional services agreed upon with the guest, is due no later than the day of arrival upon handover of the keys. Payment must be made in cash at this time, unless Miha Lodging Services GmbH has expressly agreed to another payment method with the guest. EC and credit cards are not accepted as payment methods on site.

(7) Miha Lodging Services GmbH reserves the right to request an appropriate advance payment from the guest prior to arrival towards the agreed price for the rental of the property as well as the additional services agreed with the guest.

(8) Should the guest request services from Miha Lodging Services GmbH that are not part of the proper provision of the apartment, Miha Lodging Services GmbH will charge these separately. This includes, but is not limited to, opening the apartment door when the key is left behind, courier services, or pre-arranged on-site appointments that the guest fails to attend without a justified and timely cancellation. The time spent on-site or waiting time will be charged at €15.00 (net) per quarter of an hour or part thereof. In addition, travel and arrival costs will be charged according to the following list:

Travel costs up to 10km: €49.00 (net)

Travel costs up to 20km: €79.00 (net)

Travel costs up to 30km: 109.00 € (net)

Travel costs up to 40km: €139.00 (net)

Travel costs up to 50km: 169.00 € (net)

Travel costs over 50km will be calculated individually.

(9) The guest may only offset a claim against a claim of Miha Lodging Services GmbH with an undisputed or legally established claim.

4. Guest's obligations

The guest undertakes to treat the property (property, inventory, and outdoor facilities) with care. If any damage occurs to the property and/or its inventory during the stay, the guest is obligated to report this immediately to Miha Lodging Services GmbH. Any defects or damage discovered upon arrival must be reported to Miha Lodging Services GmbH immediately; otherwise, the guest will be liable for the damage. Any resulting replacements or repairs will be carried out by Miha Lodging Services GmbH.

A reasonable period of time must be allowed to remedy damages and defects. Claims for complaints not reported immediately on site are excluded. Complaints received by Miha Lodging Services GmbH only at the end of the stay or after vacating the property are also excluded from compensation. In the event of any disruptions to service, the guest is obligated to do everything reasonable within the scope of their legal obligations to help remedy the disruption and minimize any damage caused. On the day of departure, guests must remove personal belongings, dispose of household waste in the designated containers, and store dishes clean and washed in the kitchen cupboards. If the apartment is excessively dirty, garbage is not disposed of properly, or dishes are not cleaned, Miha Lodging Services GmbH reserves the right to charge an additional cleaning fee of €150.00 (net). The compensation amount can be higher or lower if Miha Lodging Services GmbH can prove greater damage or the guest can prove lesser damage.

5. Data protection

The guest agrees that, as part of the contract concluded with him, necessary personal data may be stored, modified, and/or deleted. All personal data will be treated confidentially. Further information can be found at: Privacy Policy

6. Liability

This advertisement was prepared to the best of our knowledge. We assume no liability for any impact on the property due to forces beyond our control, power and water outages, or severe weather. Likewise, we assume no liability for unforeseeable or unavoidable circumstances such as official orders, sudden construction work, or disruptions due to natural or local conditions. However, Miha Lodging Services GmbH will be happy to assist in resolving any problems (as far as possible). Miha Lodging Services GmbH assumes no liability for the use of the provided furnishings, particularly electronic household appliances. Guests are responsible for their own arrival and departure. Miha Lodging Services GmbH is not liable for personal belongings in the event of theft or fire. The guest is fully liable for any deliberate destruction or damage. Miha Lodging Services GmbH assumes no liability for valuables or items left behind.

7. Internet usage

In apartments equipped with internet access, we provide this free of charge. This is not part of the booking and therefore cannot be objected to in the event of disruptions or similar issues.

The tenant is solely responsible for the data transmitted via Wi-Fi, the paid services used through it, and the legal transactions conducted. If the tenant visits fee-based websites or enters into liabilities, the resulting costs are to be borne by the tenant. The tenant is obligated to comply with applicable law when using the Wi-Fi. In particular, the tenant will:

• Not to use the Wi-Fi to access or distribute immoral or illegal content
• not to illegally reproduce, distribute or make available any copyrighted material; this applies in particular in connection with the use of file-sharing programs;
• observe the applicable youth protection regulations;
• not send or distribute any harassing, defamatory or threatening content;
• Do not use the Wi-Fi to send mass messages (spam) and/or other forms of unauthorized advertising.

The tenant indemnifies the landlord of the holiday property against all damages and claims by third parties arising from the tenant's unlawful use of the Wi-Fi and/or a violation of this agreement. This also extends to costs and expenses associated with the claim or its defense. If the tenant recognizes or should recognize that such a violation of law and/or violation exists or is imminent, the tenant will notify the landlord of this fact.

8. House rules

(1.) The guest must treat the property and its contents with care. The guest is obligated to comply with the house rules.

(2.) Quiet hours apply from 8:00 PM to 8:00 AM. During this time, special consideration for roommates and neighbors is required. TV and audio equipment must be set to room volume.

(3.) For the duration of the rental of the property, the guest is obliged to keep windows and doors closed when leaving the apartment, to set all radiators to a low level and to switch off lights and technical devices.

(4.) The accommodation of pets of any kind in the property is only permitted with the prior written consent of Miha Lodging Services GmbH. Miha Lodging Services GmbH may charge a reasonable surcharge for the accommodation of pets. If pets are accommodated without the prior consent of Miha Lodging Services GmbH, the latter may charge a cleaning fee of up to €200.00 (net). 

(5.) Smoking is generally prohibited in the property. In the event of violations, the landlord may charge a cleaning fee of up to €200.00 (net). Particular attention should be paid to moderate noise levels. Loud conversations and prolonged stays in outdoor areas or on the balcony or terrace are to be avoided.

(6.) If the guest brings waste for disposal upon arrival or during their stay in quantities exceeding those typically found in a household, or waste that was not generated in the apartment, or if the guest leaves food scraps, empty bottles, cardboard boxes, garbage, waste, or similar items in the apartment upon departure, or deposits them in or near the apartment, they will be billed separately for disposal costs of €200.00 (net). The amount of compensation may be higher or lower if Miha Lodging Services GmbH proves greater damages or the guest proves lesser damages.

(7.) The installation and/or attachment of decorative materials or similar items is not permitted in the property. The guest is solely liable for any decorations or similar items that are installed and/or attached and indemnifies Miha Lodging Services GmbH against any claims by third parties. Furthermore, the guest is obligated to compensate for any damages caused by the installation and/or attachment of such decorations or similar items.

(8.) Miha Lodging Services GmbH reserves the right to access the property at any time, particularly in cases of imminent danger. The guest's legitimate interests must be appropriately considered when exercising this right of access. The provider will inform the guest in advance of the exercise of this right of access, unless this is unreasonable or impossible under the circumstances of the individual case

(9.) Upon departure, the apartment must be left in a clean and tidy condition. Beds must be stripped, and trash, food, and all personal belongings must be removed. Windows must be closed, and heating must be set to level 1. In the event of violations, Miha Lodging Services GmbH reserves the right to charge a cleaning fee/energy fee of €200.00 (net).

9. Arrival and departure

The property is generally available from 4:00 PM on the day of arrival. Arrival must be by 8:00 PM and a precise time must be provided in advance, unless a later arrival time is expressly agreed upon with Miha Lodging Services GmbH. Arrival before 4:00 PM is also only possible if expressly agreed upon with the provider in advance. Guests are required to present a valid ID card or passport to Miha Lodging Services GmbH upon arrival.

Miha Lodging Services GmbH may request a security deposit of up to €500.00 upon arrival. Miha Lodging Services GmbH will refund this deposit upon timely vacating the property and returning all keys on the day of departure, unless otherwise agreed with the guest and provided the property has not been damaged for which the guest is responsible. In the event of any further damage to the property and/or its contents, the guest must pay the required amount of compensation in cash on site (Section 249 (2) of the German Civil Code).

On the day of departure, the guest must vacate the property by 10:00 a.m. at the latest. In the event of late vacating the property, the provider is entitled to an additional payment from the guest. This amount amounts to a) €150.00 (net) for vacating after 10:00 a.m. but before 1:00 p.m.; b) 100% of the agreed overnight rate per night (alternatively €200.00 (net). The higher amount will always be applied) for vacating after 1:00 p.m. In addition, the provider is entitled to compensation for any further damages incurred due to delayed vacating.

The eviction is only considered complete when all keys have been returned to Miha Lodging Services GmbH or its representative. If this has been expressly agreed upon with Miha Lodging Services GmbH in advance, the guest may leave all keys on the table in the property and close the apartment door. The guest is obligated to ensure that the apartment door is properly closed.

In case of loss of one or more keys, the guest must pay Miha Lodging Services GmbH compensation for the replacement of the keys and, if necessary, for the installation of new locks.

10. Cancellation

The tenant may withdraw from the contract at any time in writing. In such cases, the following cancellation fees must be paid to the landlord for the booked and agreed period:

"Non-Refundable Rate"
In case of cancellation, change, or no-show, you will be charged the full price. 

"Standard Rate"
In case of cancellation or rebooking before the start of the booked stay, the following cancellation fees apply: 
- up to 30 days before the arrival date - no cancellation fee
- within 30 days before the arrival date - 100% of the booked stay. 
In case of early departure - 100% of the booked stay. 

The date of cancellation is the date we receive your written notification. Any deposit paid will be offset against the cancellation fee. Written notifications should be sent exclusively to: info@miha.tirol

The compensation shall be higher or lower if Miha Lodging Services GmbH proves higher damages or the guest proves lower damages.

Miha Lodging Services GmbH may also withdraw from the rental agreement for good cause.

(1) If an advance payment agreed upon or requested in accordance with Section 9 above is not made even after the expiry of a reasonable grace period set by Miha Lodging Services GmbH, Miha Lodging Services GmbH shall be entitled to withdraw from the rental agreement with the guest. 

(2) Force majeure or other circumstances beyond Miha Lodging Services GmbH’s control that make the fulfilment of the contract impossible.

(3) Miha Lodging Services GmbH is also entitled to withdraw from the contract for objectively justified reasons and without notice, e.g., if

• a rental property is booked under misleading or false information about essential facts, such as the identity of the tenant or the purpose.
• Miha Lodging Services GmbH has reasonable grounds to believe that the use of the holiday apartment may jeopardise the smooth running of the business, the safety or the public image of Miha Lodging Services GmbH or the respective owner/landlord, without this being attributable to the sphere of control or organisation of Miha Lodging Services GmbH.
• there is a violation of the prohibition on subletting and transfer of ownership according to Section 3 of the General Terms and Conditions.

The compensation to be paid by the guest corresponds to 100% of the total amount for the binding booking period. The compensation may be higher or lower if Miha Lodging Services GmbH proves greater damages or the guest proves lesser damages.

(4) In the event of a justified withdrawal by Miha Lodging Services GmbH, the guest shall not be entitled to compensation

11. Final provisions

(1) Changes or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are invalid.

(2) The place of performance and payment is Westendorf / Austria. 

(3) The contract shall be governed exclusively by the law of the Federal Republic of Austria.

(4) These General Terms and Conditions of Guest Accommodation are intended solely for the personal use of the guest. Commercial use by third parties is expressly prohibited.

(5) Should any of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely approximates the purpose of the provision to be replaced. Otherwise, the statutory provisions shall apply. 

Validity of the General Terms and Conditions: From December 1, 2024.