RENTAL TERMS AND CONDITIONS RESIDENCIA FINCA SON PUJOL as of June 2021
1. Contracting parties, rental property
1.1. The rental agreement is concluded between the guest as the tenant and Wilhelm Deutschmann,
Stelzhamerstraße 12, 4020 Linz, Austria as the landlord.
1.2. The rental property is Finca Son Pujol, Cami Son Avidala 28, 07150 Andratx, Mallorca (ETV/72), including the fenced garden and description of services (at https://www.finca- sonpujol.com/).
2. Booking process, conclusion of contract
2.1. The booking request by the tenant can be made online (www.finca-sonpujol.com), by email (info@finca-sonpujol.at), in writing, or by telephone. This constitutes an offer by the tenant to conclude a rental agreement. The tenant is bound to their booking request until the end of the fifth day after the landlord receives the booking request. Acceptance by the landlord takes place by means of a booking confirmation, whereby the booking confirmation is not bound to any specific form.
2.2. The following applies to online bookings (contracts in electronic commerce):
2.2.1. By clicking on the “Request booking” button, the tenant makes a legally binding offer to conclude a rental agreement. The tenant receives confirmation of the booking request, which does not, however, constitute acceptance of the booking. The landlord is free to decide whether or not to accept the booking request.
2.2.2. The contract is concluded when the lessor sends the booking confirmation to the lessee.
3. Rental fee
3.1. The rental fee consists of the rental price and additional costs. The rental prices are those listed on the website www.finca-sonpujol.com on the day of the booking request. Prices are subject to additional costs such as electricity, internet, heating, final cleaning, gas bottles, Ecotasa (tourism tax), etc.
3.2. Upon receipt of the booking confirmation, 30% of the rental price must be transferred to the landlord as a deposit within 5 working days. The remaining payment must be transferred to the landlord 40 days before the start of the trip. All payments must be made in good time so that they are credited to the landlord's account on the due date at the latest.
3.3. Additional costs based on consumption will be calculated before departure and are payable immediately upon check-out (credit card or cash).
3.4. If payments are not received by the landlord within the agreed deadlines, the landlord is entitled, after setting a grace period without success, to declare their withdrawal from the contract and to charge the tenant the cancellation fees in accordance with this agreement.
3.5. The tenant is only entitled to use the booked rental property once the entire agreed rental price has been paid in full.
4. Special requests
If the landlord assists with special requests (e.g., naming a chef, caterer, driver, etc.), this does not constitute a contract with the landlord, and the landlord accepts no liability for this.
5. Deposit
5.1. The deposit to be paid (the amount is based on the amount published on the day of arrival in accordance with www.finca-sonpujol.com) must always be paid in cash at the latest upon check-in. A deposit by credit card is only permitted with the express consent of the lessor and subject to technical possibilities.
5.2. The deposit secures all claims of the lessor against the lessee, such as compensation for damage caused, payment for additional services, return of keys, etc. The lessor expressly reserves the right to assert any further claims.
5.3. The landlord is entitled to retain the deposit for claims arising from the contract.
5.4. If the landlord does not make use of the deposit, it will be refunded to the account specified by the tenant no later than 14 days after check-out. If the tenant has paid the deposit by credit card, the landlord is entitled to deduct the fees, expenses, and costs (of the credit card company or bank) actually incurred by the credit card transaction from the deposit amount.
6. Withdrawal from the contract, cancellation fees, rebookings
6.1. There is no statutory right of withdrawal or cancellation for this contract.
The lessor grants the lessee a contractual right of withdrawal upon payment as follows:
For cancellations up to 90 days before the start of occupancy, 30% of the rental price
From the 89th day to the 60th day before the start of occupancy: 50% of the rental price
From the 59th day to the 30th day before the start of occupancy: 75% of the rental price
From the 29th day to the 10th day before the start of occupancy: 90% of the rental price, thereafter 100% until the date of non-arrival.
6.2. If the landlord asserts cancellation fees, he does not have to prove any actual loss of rent (flat-rate cancellation costs).
6.3. The landlord has the right to claim the actual damage incurred from the tenant instead of the flat-rate cancellation costs.
6.4. In the event of cancellation, the tenant is granted the right to name a replacement person who will assume all rights and obligations under the concluded contract. The landlord may refuse to allow the replacement person to enter into the contract if there are objective reasons for doing so.
6.5. The lessor has the right to withdraw from the contract without giving reasons up to 6 months before the start of the trip. In this case, the lessor must refund all payments received to the lessee and reimburse all proven frustrated expenses such as flights, rental cars, etc. This must be done within 14 days of the declaration of withdrawal or proof of the frustrated expenses.
6.6 Rebookings can only be made in agreement with the lessor. A rebooking fee of EUR 100.00 is payable, unless otherwise agreed.
6.7. In the event of cancellation by the lessor due to force majeure, the lessee shall have no claims for compensation.
7. Termination for good cause
The landlord is entitled to terminate the contract with immediate effect for good cause if the tenant and/or their fellow travelers violate contractual obligations despite a warning. This applies in particular in the event of intentional or grossly negligent damage to the rental property and its inventory, as well as a culpable violation of the house rules or legal regulations. In this case, the tenant shall not be entitled to a refund of payments made or compensation for other costs and expenses.
8. Obligations of the tenant, final cleaning
8.1. The lessee must immediately notify the lessor in writing of any defects in the rental property or malfunctions and request that they be remedied. Malfunctions or impairments of the rental property shall only be deemed to have occurred on the date of written notification to the lessor. If the lessee culpably fails to comply with this obligation to notify, they shall have no claims against the lessor.
8.2. In the event of malfunctions of any kind, the lessee must give the lessor the opportunity to remedy the malfunction within a reasonable time after notification. The tenant must tolerate any resulting impairments without compensation. If the rental property becomes completely unusable, the tenant is entitled to a pro-rata refund of the rent paid.
8.3. The rental property may only be used by the number of persons specified in the contract. Visitors do not count as overcrowding, provided they do not stay overnight. The excess persons must leave the rental property immediately. In the event of non-compliance, the landlord is entitled to terminate the contract or charge EUR 100.00 per person per day. Local taxes and administrative penalties are payable in addition.
8.4. The tenant and their fellow travelers are obliged to treat the property with care and, in the event of any service disruptions, to do everything reasonable to help remedy the disruption and keep any damage to a minimum.
8.5. The tenant is obliged to inform themselves about legal regulations and obligations and to comply with them (e.g., absolute ban on fire and smoking).
8.6. The tenant is obliged to keep the rental property in a tidy and clean condition at all times until departure.
8.7. The final cleaning charge covers cleaning within the scope of normal use of the rental property. If extra cleaning is required, the tenant must pay for this separately. Contamination or damage to the rental property that cannot be removed with standard household cleaning products will be invoiced separately. Any compensation payments are to be paid by the tenant to the landlord. The landlord is entitled to offset these payments against the deposit.
9. Liability
9.1. The lessor shall not be liable for slight negligence.
9.2. Any liability on the part of the lessor shall in any case be limited to the amount covered by liability insurance.
10. General provisions
10.1. Austrian law shall apply. Unless otherwise stipulated by consumer regulations, the competent court in Linz, Austria, shall have jurisdiction.
10.2. Should any provisions or parts thereof be unclear, incomplete, or invalid, this shall not affect the validity of the contract. The incomplete, unclear, or invalid provision shall be replaced by a provision that comes closest to the purpose of the contract and the intention of the parties.
10.3. Subsidiary agreements must be made in writing to be valid. Any waiver of the written form requirement must also be made in writing. E-mail is recognized as a valid form of written communication. All deliveries are valid if they are sent to the (e-mail) addresses provided by the contracting parties. The email address info@finca-sonpujol.at is considered the authoritative email address for the landlord.
10.4. The house rules are an integral part of the contract and are expressly included in the contract. The tenant is obliged to inform fellow travelers of the rental conditions and, in particular, the house rules. The tenant is liable for the behavior of fellow travelers.