General terms and conditions
The current “General terms and conditions “is part of the contract between you and DIREKT HOLIDAYS.
2. Registration, closing a contract and payment terms
You can make a booking by writing or calling us. You will then promptly receive a booking confirmation form us. 50% of the total rental amount is to be paid within 28 days. The remaining amount must be paid on your arrival at the latest. The contract between you and DIREKT HOLIDAYS is closed after the payment has been received. Shall no payment be received within 28 days, DIREKT HOLIDAYS reserves itself the right to make the booked property available again. In case a booking was made at a short notice, less than 29 days before the beginning of the rental period, the total rental amount must be immediately paid for and the contract will be closed upon the reception of the previously referred amount. In case of a delayed payment of the remaining amount or of the entire rental amount (in the case of short notice bookings), DIREKT HOLIDAYS reserves itself the right to refuse providing its services. You will receive the voucher after the payment has been made. Special requests on your part may only be accepted as non-binding requests. There is no legal claim to their fulfilment unless Direkt Holidays has sent you a written confirmation. Direkt Holidays charge a € 30,00 fee for the processing of each booking.
3. Service and prices
The advertised prices are weekly rates regarding the complete rental property within the correspondent price period. Shall there be several similar apartments in a house with the same number of rooms and for the same amount of people at the same price, they will be marked with a type number (for example 3+)In this case, only the first apartment of this type will be listed on the catalogue and price list. Minor deviations in the descriptions within the different types are possible, as well as differences in any offer within the same type. The minimum rental period is usually 7 days; arrival and departure dates are on Saturdays (during the high season). Exceptions are possible upon a written confirmation from the booking office. Additional expenses are not included in the prices. Any additional expenses will be indicated on the booking confirmation. If this is not the case, it means that this amount is included in the price. This will be charged together with the rental price. Visitor's taxes are to be paid on-site. Additional services requested by the customer are not included in the rental price and must be paid on-site (for example additional cleaning, bed linen, towels, etc.). In the case of apartments in which internet access is offered, the provision of the service free of charge shall not constitute a claim for impairment if the signal cannot be received for any reason. The infrastructure of services (means of transport, shops, restaurants, sports facilities, etc.) mentioned in the brochure, the confirmation of reservation and the travel documents are not part of the contract and are not required by DIREKT HOLIDAYS. These services decide and operate under their own responsibility their working hours, etc. The same applies to the public and private utility companies (such as water and electricity). Any information concerning weather conditions is also no guarantee. Apartments where it is specified that the presence of pets is not permitted, cannot under any circumstances be used by pets. However, this does not mean that the referred accommodations are suitable for people who have allergies.
4. Modification of services and prices
The description of the property and the price calculation were carefully carried out. Any service or price modification made before your booking will be communicated at the latest on the booking confirmation. Shall there be differences between the printed price list the catalog and the booking confirmation, the information communicated on the booking confirmation is binding.
5. Arrival and departure; reduction or extension of the stay
The arrival should be between 2pm and 6pm and the departure should be carried out before 10 am. In case your arrival is scheduled for later than 6pm, DIREKT HOLIDAYS should be timely notified. In case it not possible for the renter to take the property as previously agreed for example due to an increase of traffic, strikes etc. or for personal reasons, the initial booking price amount is still to be paid in full. The same applies if the property is left before the agreed rental period. In case the stay would like to be extended, this should be timely notified to the booking office.
6. Contract termination by the client
Shall a booking be cancelled or modified prior to the beginning of the rental period , DIREKT HOLIDAYS has the right to calculate the following percental cancellation fees: until 43 days prior to the beginning of the rental period= 10%, until 29 days prior to the beginning of the rental period= 50%, 20 days prior to the beginning of the rental period= 80%. A cancellation from 19 days prior to the beginning of the rental period or on the scheduled day of arrival, the total rental amount must be paid. The arrival of your notice at our booking office is a determinant factor (in case your notice arrives on a Sunday or during public holidays, the next working day is binding). A fee in the amount of € 40,00 is to be charged for each cancellation. We recommend you taking out a cancellation insurance when you make a booking. The cancellation insurance covers the cancellation costs in case of cancellation of the booking due to sickness, accident as well as in case of the death of the renter, the fellow traveler or any other close relative (a medical certificate needs to be shown under the circumstances stated above). A cancellation insurance can be made online on our Homepage www.direktholidays.at.
7. Replacement of the rental property and contract termination by DIREKT HOLIDAYS
DIRECT HOLIDAYS may replace the property you have initially booked and assign you an equivalent property in case of unforeseeable or unavoidable circumstances occur. DIREKT HOLIDAYS is entitled to the termination of the contract before or during the rental period shall unforeseen of unavoidable circumstances make the handing over of the rental property impossible or endanger the tenants or the property or affect the provision of services to an extent where the contract is no longer reasonable. Payments that were previously paid will be repaid however costs for already provided services may be deducted.
8. Duties of the renter
The rented property shall only be occupied by the expected number of people (toddlers and children included). Additional persons may be rejected by the key-holder or charged separately on-site. The rented property is to be used carefully. This includes respecting the neighbors, etc. The rest hours in which silence must be observed goes from 10 pm until 8 am. The cleaning of the kitchen facilities, dishes and cutlery is up to the tenant (this is not included in the cleaning service). If the renter or any of the users of the property causes any damage, it shall be reported to the key-holder immediately. The Renter shall be liable for any damage caused by the renter or any of the other of the users with whom the renter shares the property, unless the renter can prove that the renter is not guilty. The same applies if the apartment cannot be handed over to the tenants. The presence of pets must be notified at the time of the booking (pets are not always allowed inside the properties). In some cases, Direkt Holidays is entitled to claim a reasonable deposit (€200, - or €500, -, in exceptional cases up until an amount of €1.000,00) from the renter. This amount will be returned to the specified bank account within one week of departure after the apartment has been checked.
Shall the property not be found in the same conditions as stated in the contract or you suffer any damage, this situation must be immediately reported to the keyholder.
10. Liability of DIREKT HOLIDAYS
Shall the rented property not be according to the conditions as agreed in the contract, DIREKT HOLIDAYS is responsible for finding an equivalent property as a replacement. if it is not possible to do so within a useful period of time or if you reject it for objectively important reasons, DIREKT HOLIDAYS will compensate you for any negligence if DIREKT HOLIDAYS is to be blamed. In case any damage occurs to the renter due to a breach of contract by DIREKT HOLIDAYS, DIREKT HOLIDAYS will be liable. The legal liability for damages other than personal injury (for example, material damage or property damage) is limited to twice the rental price (the claim of all persons involved is to be counted together).
DIREKT HOLIDAYS shall not be liable, shall the damages be due to the following causes:
a. actions or omissions on your part or on the part of any person who is using the rented property.
b. unforeseeable or unavoidable omissions by third parties not involved in the performance of the contractual services;
c. force majeure or events which, despite all due diligence, DIREKT HOLIDAYS, the intermediary or service provider (such as key holders), could not foresee or resist;
d. Damage and losses caused by burglary. These same terms apply in case of extra-contractual liabilities. Liability for service providers and assistants is expressly excluded. International agreements and national laws with more extensive limitations or exclusions take precedence.
11. Applicable law and place of jurisdiction
The legal relationship between you and DIREKT HOLIDAYS shall be subject to Austrian jurisdiction. The client can only sue DIREKT HOLIDAYS in an appropriate local court. DIREKT HOLIDAYS may bring legal proceedings against the customer at the customer's place of residence or in the local competent court. The mediation of the holiday property by us takes place in the name and on the account of DIREKT HOLIDAYS.
12. Special supplement to the Terms and Conditions regarding Internet use
The Guest, as a user of the Internet offered in the property, declares compliance with the applicable law and not to use or distribute any immoral or unlawful content, not to reproduce, distribute or make copyrighted property available to third parties. Furthermore, the user declares to comply with the applicable legislation on the protection of minors, not to send or distribute any harassing, defamatory or threatening content. Moreover, the sending of mass messages or any other form of improper advertising is not permitted. The user shall indemnify the person making the Internet access available from any damage or claims of third parties arising from the unlawful use of the Internet by the user. The culprit shall bear all costs and expenses related to any illegal or contrary to the agreed use of the Internet connection. By using the Internet, the user automatically accepts the General Terms and Conditions.
Disclaimer of liability
1. Content of the offer online:
The Author assumes no responsibility for the topicality, correctness, completeness or quality of the provided information. Liability claims against the author related to damages of material or non-material nature that due to the use or the non-use of the provided information or the use of incorrect and incomplete information are fundamentally excluded provided that there is no proven intentional or grossly negligent fault on the part of the author. All offers are subject to change and are non-binding. The author expressly reserves himself the right to modify, supplement, delete or temporarily or permanently discontinue parts of the pages or the entire offer without prior notice.
2. References and links:
In the case of direct or indirect references to external internet pages („links“) which are outside of the author's sphere of responsibility an obligation of liability can only come into force in the event of the author being aware of the content and in case it could be technically and reasonably possible to prevent the use of illegal content.
Therefore, the author expressly declares that at the time of setting the link the corresponding linked pages were free of illegal content. The author has no influence on the current and future design and contents of the linked/linked pages. For this reason, the author expressly distances himself from all contents of all linked/linked pages that have been modified after the link has been set. The stated above is valid for all links and references within the own offers online as well as for entries in guest books, discussion forums and mailing lists that were set up by the author. In case of illegal, incorrect or incomplete content and, in particular, in case of any damages resulting from the use or non-use of the presented information, only the provider of the page to which reference was made is liable and not the one who merely links to the respective publication.
3. Copyright and registration rights:
The author endeavors to observe in all publications the copyrights regarding the graphic elements, sound documents, video sequences and texts used, to use graphic elements, sound documents, video sequences and texts created by the author himself or to resort to royalty-free graphic elements, sound documents, video sequences and texts. All brand names and trademarks mentioned on the online offer and possibly protected by third parties are subject to the regulations of the respectively valid trademark law and the rights ownership of the respective registered owners with no restriction. It cannot be concluded that trademarks are not protected by the rights of third parties simply because they are mentioned! The copyright for published items created by the author himself remains solely reserved for the author of the pages. The reproduction or use of such graphic material, sound documents, video sequences and texts in other online or printed publications is not permitted without the previous express consent of the author.