GENERAL TERMS AND CONDITIONS of Condituz Hospitality GmbH,
Operator of JIMMY'S APARTMENTS in Vienna

(version 2021)

1. Scope of application
   1. Condituz Hospitality GmbH operates the following apartment buildings
      • Jimmy's Apartments, Sonnergasse 48, 1120 Vienna
      • Jimmy's Apartments, Steingasse 33, 1030 Vienna
      • Jimmy's Apartments, Lorystraße 4, 1110 Vienna
      • Jimmy's Apartments, Knöllgasse 23, 1100 Vienna
   2. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all services provided by Condituz Hospitality GmbH (hereinafter referred to as "Condituz") to the guest or contractual partner (provision of use of flats and other premises against payment as well as all related services).
   3. Terms and conditions of the contracting partner deviating from these GTC, which have not been expressly accepted in writing by Condituz, shall not become part of the contract, even if the guest should refer to his own GTC in his order.
   4. The General Terms and Conditions for the Hotel Industry, as amended from time to time, shall apply to all matters not regulated in these GTC. (AGBH)
2. Definition of terms
   1. "Proprietor": A natural or legal person who accommodates guests in return for payment.
   2. “Guest": A natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Guests are also persons who arrive with the contracting party (e.g. family members, friends, etc.).
   3. “Contracting Party" or “Party”: means a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
   4. “Consumer” and “Entrepreneur”: the terms are to be understood in the sense of the Consumer Protection Act 1979.
   5. “Accommodation Agreement": Is the contract between the accommodation provider and the contracting party, the contents of which are set out in more detail below.
3. Conclusion of contract - down payment
   1. The Accommodation Agreement shall be concluded upon written acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and if they are received during the published business hours of the Proprietor.
   2. The fee is stated in euros (€). Unless otherwise agreed, all taxes and duties are included in the fee. The fee is variable depending on individual selection criteria such as booking period, start of stay, length of stay or flat category. Increases in taxes and duties shall be borne by the contracting party.
   3. The fee is per flat and night and includes the provision of the flat for the number of persons booked.
   4. For the effective conclusion of the contract, a valid credit card and its expiry date must be disclosed. Valid means of payment are exclusively credit cards (Mastercard, Visa, Diners, American Express). The terms and conditions of the respective credit card company shall apply with regard to billing charges.
   5. The accommodation provider reserves the right to reserve an amount up to the total fee on the notified credit card in advance.
   6. The size and occupancy of each flat is designed for a certain number of guests, which may not be exceeded.
4. Start and end of accommodation
   1. The property does not have a reception nor is there an office on site. Access to the main entrance and to the respective flat is by means of an electronic code. This code will be sent to the contract partner by e-mail before arrival. The code is only valid for the duration of the booked stay.
   2. The contracting party has the right to move into the rented rooms from 15:00 on the day of arrival.
   3. If a room is occupied for the first time before 10:00 a.m. by agreement with the accommodation provider, the previous night shall count as the first overnight stay.
   4. The rented rooms are to be vacated by the contract partner on the last day of the stay by 11:00 a.m. at the latest. From this time onwards, the code for the flat is no longer valid. The accommodation provider is entitled to charge for an additional day if the rented rooms are not vacated in due time.
5. Withdrawal from the accommodation contract - cancellation fee

   Withdrawal by the Provider

   1. Should the credit card named by the guest for the accommodation fee not be covered or should the accommodation provider not be able to use the credit card to cover the fee for other reasons, either no contract shall be concluded and the booking shall lapse or the accommodation provider may immediately withdraw from the contract without observing a period of notice. The Proprietor may grant the Party the option of transmitting the data of another credit card for the payment of the fee but shall not be obliged to do so.
   2. Up to 3 months before the agreed date of arrival of the Party at the latest, the Accommodation Agreement may be terminated by the Proprietor by means of a unilateral declaration without stating reasons.

   Withdrawal by the Contracting Party

   3. Up to 3 months before the agreed date of arrival at the latest, the accommodation contract may be cancelled without payment of a cancellation fee by unilateral declaration of the contracting party, unless otherwise agreed in the individual case.
   4. After the point in time stated in point 5.3, withdrawal by unilateral declaration of the contracting party is only possible with payment of the following cancellation fees:
      • Up to 1 month before the arrival date 40 % of the total fee
      • Up to 2 weeks before the arrival date 70 % of the total fee
      • In the last 2 weeks before the arrival date 100 % of the total fee
   5. If the guest does not occupy the booked flat by 12.00 hrs (12 a.m.) on the day of arrival, the accommodation provider may assign the flat to someone else, unless otherwise agreed in the individual case. The entire fee for the booked period of stay shall be due, unless otherwise agreed in individual cases.
6. Provision of alternative accommodation
   1. In the event that the booked accommodation is not available, the Proprietor may provide the Party or the guests with adequate substitute accommodation in the same or in another flat house if this is objectively justified.
   2. An objective justification is given, for example, if the booked flat has become unusable, already accommodated guests extend their stay, or if there is an overbooking or other important operational measures require this step.
7. Rights of the Contracting Party
   1. By concluding an accommodation contract, the Contracting Party acquires the right to the usual use of the flat and the generally accessible facilities of the flat house which are dedicated to the use of the guests of the house.
      When using the flat and the rest of the house, the contract partner must comply with the house rules, which are displayed in the entrance area of the house.
   2. Subletting or re-letting a flat is expressly prohibited.
8. Obligations of the Contracting Party
   1. The contract partner is obliged to ensure that the fee can be debited from his credit card in euros at the latest 3 days before arrival.
   2. The Party shall be liable to the Proprietor for any damage caused by it or the guests covered by its accommodation contract or other persons staying in the flat house with the knowledge or will of the Party or the guests.
   3. The use of electrical and electronic devices brought into the flat or the generally accessible parts of the house by the guest and which are not part of the usual travel requirements is not permitted for fire protection reasons. The contract partner is liable for all costs and damages arising from the use of such devices (e.g. fire brigade intervention, police intervention, etc.).
   4. The contracting party shall be obliged to notify the accommodation provider of any recognisable defects in the flat without delay, at the latest upon departure. Otherwise, the guest cannot assert any rights arising from such a defect.
   5. Smoking is prohibited in the entire house.
   6. Each contracting partner is obliged to fill in a "guest registration form". With the booking confirmation, the contracting partner receives a link to the corresponding “guest registration form". This serves to comply with the legal obligation to register. A guest registration form that is not filled in truthfully or completely may lead to an administrative penalty.
   7. The contract partner is obliged to treat the flat and the generally accessible areas of the house with care. Damaged or missing objects and facilities will be charged to the contract partner.
   8. The contracting party is obliged to dispose of its waste in the waste room provided for this purpose on the ground floor of the property.
9. Rights of the Proprietor
   1. Should the guest use the flat in a detrimental way, damage it or not comply with the house rules and should this constitute a danger or damage to the flat or other parts of the house or an impairment for other guests, the accommodation provider shall be entitled to arrange for immediate eviction. In this case, the Proprietor shall be entitled to collect the entire remuneration including any damage caused by the Guest, even if the Guest has not consumed the entire booked duration of stay.
10. Liability of the accommodation provider for damage to property brought into the accommodation
    1. The Proprietor shall be liable pursuant to Sections 970 et seqq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if the items have demonstrably been handed over to the Proprietor or the persons authorised by the Proprietor or have been brought to a place instructed or designated by the Proprietor.
       Pursuant to § 970 para. 1 ABGB, the accommodation provider shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended from time to time.
       If the Party or the Guest does not immediately comply with the Proprietor's request to deposit their belongings in a special place of safekeeping, the Proprietor shall be released from any liability.
       The amount of any liability of the accommodation provider is limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault on the part of the contract partner or guest shall be taken into account.
    2. The Proprietor shall not be liable for slight negligence. If the Party is an entrepreneur, liability for gross negligence shall also be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.
    3. The accommodation provider shall only be liable for valuables, money, and securities up to the current amount of € 550, provided that he can prove that he actually brought the items into the flat and kept them safe. The limitation of liability pursuant to 11.1 and 11.2 shall apply mutatis mutandis.
    4. In any case of assumed storage, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage incurred as of knowledge. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or guest; otherwise, the right shall be extinguished.
    5. The accommodation provider assumes no liability for the guest's belongings that are left behind in the flat or elsewhere in the house after the day of departure.
    6. The connection to the W-Lan is unprotected and is the responsibility of the contracting party. The accommodation provider accepts no liability for any damage caused by spam, viruses, spyware, malware, etc.
11. Limitations of liability
    1. If the Party is a consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, shall be excluded.
    2. If the Party is an entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.
12. Keeping of Animals
    1. Animals may only be brought into the accommodation establishment with the prior consent of the accommodation provider and, if necessary, for a special fee.
    2. The contracting partner who takes an animal with him / her is obliged to keep or supervise this animal properly during his / her stay or to have it kept or supervised by suitable third parties at his / her expense.
    3. The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers any damage caused by animals. Proof of the corresponding insurance must be provided at the request of the accommodation provider.
    4. The Party or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. The damage shall in particular also include any compensation payments to be made by the accommodation provider to third parties.
13. Events
    1. Parties or events are strictly prohibited in the entire house and especially in the flat. Persons who are not named in the accommodation contract may only enter the house with the prior consent of the accommodation provider after their personal details have been disclosed.
14. Video surveillance
    1. By concluding the accommodation contract, the contracting party and the guests agree that the general areas of the accommodation property may be subject to video surveillance.
15. Use of the generally accessible areas of the house
    1. During their contractual stay, the guests may use the designated generally accessible areas of the property, such as laundry room, rubbish room and common room. This is included in the remuneration.
    2. The Proprietor shall be entitled to block the areas generally accessible to the Contracting Parties at short notice and without prior notice. In the event of a possible closure, the Party shall not be entitled to a partial or full refund of the remuneration.
16. Extension of the accommodation
    1. The contracting party has no right to have his / her stay extended.
17. Termination of the Accommodation Contract - Early Termination
    1. The accommodation contract is concluded for a fixed period. It ends automatically upon expiry of the agreed duration of stay without the need for termination.
    2. If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration.
    3. The death of a guest terminates his/her contract with the accommodation provider.
    4. The accommodation provider shall be entitled to terminate the accommodation contract with immediate effect for good cause, in particular if the contracting party or the guest
       1. makes significantly detrimental use of the premises or, by his/her inconsiderate, offensive or otherwise improper behaviour, makes living together unpleasant for the other guests, the owner, his people or third parties living in the accommodation establishment or is guilty of a punishable offence against property, morality or physical safety towards these persons;
       2. is afflicted with a contagious disease or a disease which extends beyond the period of accommodation or otherwise becomes in need of care;
       3. provides misleading or false information about his/her personal data or other data essential for the stay in the flat or other house.
    5. If the performance of the contract becomes impossible due to an event deemed to be force majeure (e.g. acts of God, strike, lockout, epidemics, official decrees, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the contract is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. of the Party shall be excluded.
18. Illness or death of the guest

    The Proprietor shall be entitled to compensation from the Party and the Guest or, in the event of death, from their legal successors, in particular for the following costs:

    • unpaid medical expenses, costs for ambulance transport, medicines, and remedies
    • necessary room disinfection,
    • linen, bedding, and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
    • restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or the death,
    • room rent, insofar as the room was occupied by the guest, plus any days when the rooms could not be used due to disinfection, evacuation or similar,
    • any other damages incurred by the accommodation provider.
19. Place of performance, place of jurisdiction and choice of law
    1. The place of performance shall be the place where the accommodation establishment is located.
    2. This contract is subject to Austrian formal and substantive law to the exclusion of the rules of private international law (esp. IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
    3. The exclusive place of jurisdiction shall be the registered office of the Proprietor. In the case of consumers, the place of jurisdiction permitted by law that is closest to the registered office of the accommodation provider or is located in Austria shall be deemed agreed.
20. Other
    1. Unless the above provisions provide otherwise, the running of a time limit shall begin with the delivery of the document setting the time limit to the contracting parties who must observe the time limit. When calculating a time limit which is determined by days, the day on which the event takes place according to which the beginning of the time limit is to be determined shall not be counted.
       Time limits determined by weeks or months refer to that day of the week or month which by its designation or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day of that month shall be decisive.
    2. Declarations must be received by the respective other contracting party on the last day of the period (midnight).
    3. The Proprietor shall be entitled to set off its own claims against those of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor.
    4. In the event of regulatory gaps, the relevant statutory provisions shall apply.
    5. A contract concluded in accordance with these GTC shall remain valid in its remaining parts even if individual provisions are invalid. Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced by a provision that is effective and comes as close as possible to what was originally intended.
    6. The photos, graphic representations and descriptions shown on the website serve as symbolic illustrations of the flats shown. The accommodation provider is not liable for any deviations.