Conditions

Terms and Conditions

I. BASIC PROVISIONS

1. These General Terms and Conditions of Business (hereinafter referred to as “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “Civil Code”)

  • Tauplitz s.r.o.
  • ID: 141 06 621
  • with registered office: U Dýhárny 1162, 278 01 Kralupy nad Vltavou
  • registered at the Municipal Court in Prague, Section C, Insert 360675      
  • Contact details: Erik Šrámek
  • Email: booking@tauplitz-apart.com
  • Phone: 608 120 080
  • www: tauplitz-apart.com


(hereinafter referred to as “Lessor”)

2. These General Terms and Conditions of Business and Rental (hereinafter referred to as “GTC”) apply to the procedure for concluding a contract for short-term rental of apartment No. and the municipality of Tauplitz in the Republic of Austria (hereinafter referred to as the “Apartment”, the building hereinafter referred to as the “Building”) and regulate the general rights and obligations between the Tenant and the Landlord of the Apartment. The contractual relationship between the Landlord and the Tenant is governed by these GTC, the Personal Data Processing Policy available on the Landlord’s website, the relevant short-term rental agreement of the Apartment concluded between the Landlord and the Tenant, if the service is mediated via internet platforms (Airbnb, Booking, etc.), then also the general terms and conditions of the respective intermediary (hereinafter referred to as “GTC”), which take precedence over the GTC and in matters not expressly covered by the relevant provisions of the Civil Code. The individual provisions contained in the short-term rental agreement of the Apartment shall prevail over the provisions of these GTC.

3. These GTC and the short-term rental agreement are concluded in Czech language.

 

II. CONTRACTUAL RELATIONSHIP, RESERVATION

1. The contract for short-term rental of the Apartment (hereinafter referred to as the “Contract”) is concluded with the Lessor by the person interested in short-term rental of the Apartment (hereinafter referred to as the “Lessee”), who has made a proper order (reservation) either through the above-mentioned contact details of the Lessor (i.e. website, e-mail, telephone or in person), or through intermediaries operating online platforms (Booking.In the Agreement, the Lessor undertakes to let the fully furnished and equipped Apartment to the Lessee for temporary use for the agreed period of time under the agreed conditions and the Lessee undertakes to pay the Lessor the rental price. A binding reservation of the Apartment for rent and the Agreement shall be created at the moment of (i) the sending of the confirmation of the proper order of the Tenant by the Landlord or the Agent, as the case may be, to the e-mail address that was entered in the order-reservation or otherwise demonstrably communicated to the Landlord in case the order was not made through the electronic reservation form, (ii) and in case of a personal order on the day of arrival, the signing of the registration card and the payment of the rental price, unless a later date for the payment of the rental fee is agreed. The lease of the Apartment shall commence and continue for the period specified in the binding reservation. The subject of the lease (the Apartment), its duration, the price for the lease, additional services related to the lease and other terms and conditions are specified in the non-binding offer of the Lessor (for the purposes of the Contract current on the date of the order) published on its website (or on the website of the relevant Agent), in the binding reservation of the Apartment for lease and in these GTC. By ticking the box “I agree to the General Terms and Conditions of Sale and Rental” in the booking form and submitting it (or, if the order is not made via the Lessor’s website, then by another express and demonstrable manifestation of its agreement to the GTC), the Lessee confirms, that he/she has read the content thereof and the content of the Personal Data Processing Policy available on the same website, agrees to it and has thus been informed of his/her rights related to the management and processing of his/her personal data and the terms and conditions of the lease of the Apartment within the meaning of the regulations governing the protection of personal data.

 

III. RENTAL PRICE, PAYMENT TERMS

1. The rental price is a lump sum amount including the payment for the use of the Apartment, service charges (cold and hot water, heat, electricity) and services provided together with the rental (weekly cleaning, unless otherwise agreed between the Tenant and the Landlord, reception services of the Building, bed linen and towels according to the number of persons and their replacement, one routine cleaning after the end of the rental, waste removal).

2. The price of the apartment also includes all local taxes unless otherwise stated.

3. The price for the rental and additional services is set in the legal currency unit of the Czech Republic, the Czech koruna (CZK), and their payment is made either in CZK/CZK or, upon agreement with the Lessor, or if this option is regulated in the terms and conditions of the relevant Agent, in EUR. The daily EUR exchange rate set by the Lessor on the date of payment/issuance of the tax document is used for the conversion of prices in CZK to EUR. For payment through Intermediaries, the rate to be used is the rate according to the terms and conditions of the relevant Intermediary as set out on its website (usually the rate on the date of booking by the Hirer).

4. The Lessee is obliged to pay the rental price together with the ordered additional services no later than on the day of the commencement of the lease of the Apartment, unless otherwise agreed between the Lessor and the Lessee. In the case of mediation of the Contract through internet platforms (Airbnb, Booking, etc.), payment of the rental price and the ordered additional services in full may be required in advance under the terms and conditions set out in the GTCA, e.g. immediately after the Lessee has made the reservation. These payment terms apply unless otherwise agreed between the parties.

5. The total price for the lease and additional services shall be paid in particular in the case of payment on the basis of an issued tax document by wire transfer to the Lessor’s account specified in the payment instructions, in other cases in cash as agreed between the Lessor and the Lessee.

6. The consequences of failure to meet the deadline for payment of the total price are set out in Article IV of these GTC.

 

IV. TERMINATION OF THE CONTRACT, CENCELLATION FEE

1. The Contract shall cease to have effect on the following day if the Lessee has not paid the total price for the rental and the ordered additional services by the due date of payment according to Article III, paragraph 4 of these GTC or by another date agreed with the Lessor.

2. Either party shall be entitled to withdraw from the Contract (i) if the other party materially breaches the obligations set forth in the Contract, these GTC and/or the laws of the Czech Republic or the Republic of Austria, and (ii) if a serious obstacle arises on its side, the occurrence of which is beyond its reasonable control, which it could not have prevented even with all reasonably required efforts, and which prevents the party concerned from fully or partially drawing on or providing performance under the Contract (e.g. measures of the authorities governing travel bans, closure of establishments or prohibition of the provision of services, quarantine orders or restrictions on the movement of persons both at the place of provision of the service and at the place of residence of the Lessee, etc.), in the case referred to in clause (ii) above, without any penalty, cancellation fee, entitlement to any financial and/or other compensation and/or provision of a replacement service. The Party concerned shall be obliged to specify the obstacle and to prove its occurrence.

3. The Lessee is entitled to terminate the Contract without notice without stating any reason in the period before the commencement of the lease, and the Lessor is entitled to terminate the Contract if after the commencement of the lease the Lessee and the persons living with him/her, despite a warning, grossly violate their obligations under the Contract, these GTC, or the Lessor’s operating rules or the laws of the Czech Republic or the Republic of Austria, including violations of good morals. Notice and withdrawal from the Contract must be in writing and must be delivered to the other party. The effects of the Contract shall cease on the date on which the written notice of termination or withdrawal is verifiably delivered to the other party.

4. The Lessor shall be entitled to a cancellation fee against the Lessee under the conditions set out below in the event that the Lessee terminates the Contract or the Lessor withdraws from the Contract prior to the commencement of the lease. In determining the number of days remaining until the date of commencement of the Lease for the purpose of calculating the amount of the cancellation fee, the date of delivery of the written notice or withdrawal to the other party shall be included in such number of days, but shall not include the date of commencement of the Lease. The cancellation fee is calculated on the total amount of the rental price of the Apartment.

Cancellation fee:

  • more than 8 days prior to the date of commencement of the lease 0%;
  • 7-4 days prior to the date of commencement of the lease 50%;
  • and less days prior to the date of commencement of the lease 100%;

whereas for Contracts concluded through Intermediaries, the terms and amount of the cancellation fee are governed by the terms and conditions of the relevant Intermediary as set out on its website.

5. In the event that (i) the Tenant fails to exhaust the agreed lease term through no fault of the Landlord, or (ii) the Tenant fails to appear to take possession of the Apartment on the agreed date of commencement of the lease, the Tenant shall not be entitled to any financial and/or other compensation and/or provision of alternative accommodation or services in relation to the Landlord and the Landlord shall be entitled to be paid 100% of the total agreed rental price. At the same time, the effects of the Agreement shall cease in the case under clause (i) on the date on which the Tenant hands over (surrenders) the Apartment to the Landlord, and in the case under clause (ii) on the expiry of the agreed date on which the Tenant should have taken possession of the Apartment.

6. Except for the cases referred to in Article IV, paragraph 5, after the termination of the Contract, the Lessor is obliged to return to the Lessee all the benefits it has received from the Lessee, after deducting the cancellation fee, if it is entitled to it, the price for the benefits already used by the Lessee, within 14 days from the date of termination of the Contract. In the event that the consideration received from the Lessee is insufficient to cover the cancellation fee or the benefits exhausted by the Lessee under the Contract, the Lessee is obliged to transfer the amount due to the Lessor’s bank account without undue delay after the termination of the Contract.

7. In the event of termination of the Agreement by notice, withdrawal or in the case under Article IV, paragraph 5 (i) of these GTC, the Lessee shall vacate the Apartment and hand it over to the Lessor without undue delay. The provisions of Article VI (2) of the GTC shall apply mutatis mutandis to the further procedure of the Lessor.

8. The provisions set out above in this Article IV shall survive the termination of the Contract, as well as the rights of the Parties to compensation for damages arising from the breach of a contractual obligation and arrangements which, by their nature, are intended to bind the Parties after the termination of the Contract.

 

V. RIGHTS AND OBLIGATIONS OF THE LESSOR AND THE LESSEE

1. The basic rights and obligations of the Lessor are primarily:

  • to hand over the Apartment to the Lessee in a condition fit for the agreed purpose of use and to maintain it in this condition throughout the lease period and to ensure the Lessee’s undisturbed exercise of his rights related to the use of the Apartment;
  • to ensure that the Apartment is maintained and any damage or other defects are repaired without undue delay, including routine maintenance and minor repairs;
  •  to take care of the impeccable technical and hygienic condition of the Apartment and the proper supply of utilities and services within the lease;
  • the right to demand access to the Apartment in the presence of the Tenant or his/her representative for the purpose of inspection in the event of reasonable suspicion whether the Tenant is using the Apartment in a proper manner and/or to carry out repairs or maintenance or in the event of an accident in the Apartment and for the purpose of performing services related to the lease.


2. The rights and obligations of the Lessee are primarily:

  • the right to undisturbed rental of the Apartment and proper provision of services according to the Contract or agreed additional services;
  •   the right to complain about defective or poor quality of the Apartment or services and to have them settled in accordance with these GTC;
  •   the right to protection of personal data and other data relating to persons using the Apartment;
  •   the obligation to fill in the order (reservation) for renting the Apartment completely and truthfully, to fill in any forms necessary for the provision of the Apartment rent and services and to present at the time of check-in the necessary documents to identify the persons who are to use the Apartment and, if necessary, to notify without undue delay any changes to these data, to fill in and sign the registration card when registering for accommodation;
  •   the obligation to use the Apartment properly during the lease period, exclusively for the agreed purpose of the lease, to observe order, cleanliness, safety and other regulations associated with the use of the Apartment, in particular to observe the principles of fire prevention, which the Lessor has made him familiar with;
  •   the obligation to behave in such a way that no damage is caused to the Apartment, its facilities and equipment;
  •   the obligation to report to the Lessor without undue delay any defects and damages in the Apartment, its facilities and equipment that have arisen during the lease, as well as defects and damages to the items that he/she has discovered upon taking over the Apartment. Otherwise, the damage will be charged to the Lessee;
  •   the obligation to immediately report to the Landlord the need for any repairs (including minor repairs) to/on the Apartment, its furnishings and equipment, and to allow the Landlord access to the Apartment for such purposes;
  •   The Lessee shall not make any changes (or move furniture, etc.), modifications or construction works in/to the Apartment, its furnishings and equipment without the prior consent of the Lessor, even at the Lessee’s expense. In the event of a breach of this obligation, the Lessor shall have the right to immediately remove the changes or modifications at the expense of the Lessee;
  •   the parties expressly agree that the Lessee shall not sublet the Apartment or any part thereof,
  •   the obligation to pay to the Lessor the total price for the rental and the additional services ordered or subsequently ordered during the rental period in accordance

 

VI. OTHER

1. Unless otherwise agreed between the Lessor and the Lessee, the Lessee may take possession of the Apartment on the first day of the lease from 2:00 p.m. after registration, for the purpose of which the Lessee and the persons enrolled in the registration card shall present an ID card, passport or other document proving their identity (filling in and signing the registration card) and payment of the price for the lease and the ordered additional services, unless a later date for their payment is agreed with the Lessor. Upon registration, the Landlord will hand over the keys to the Apartment to the Tenant and provide the necessary information related to its use.

2. Unless the Lessor and the Lessee agree otherwise, the Lessee shall hand over the Apartment to the Lessor on the day of termination of the lease by 10:00 a.m. The Apartment shall be handed over (delivered) to the Lessor if the Lessor receives the keys to the Apartment from the Lessee and if nothing otherwise prevents the Lessor from accessing and using the Apartment. If the Tenant has abandoned the Apartment in such a way that the lease can be deemed to have ended without any doubt, the Apartment shall be deemed to have been surrendered immediately. If the Tenant fails to vacate the Apartment within the time allowed, the Landlord shall be entitled to vacate the Apartment at the Tenant’s expense and to monetize the items after thirty days if the Tenant has not claimed them even within a reasonable time after the Landlord’s demand.

3. If the Lessee so requests, the Lessor shall take custody of money, jewellery or other valuables from the Lessee. Acceptance of such items for safekeeping shall be conditional upon their delivery by the Lessor in a sealed safe deposit box or envelope signed by the Lessee and provided by the Lessor for that purpose. The Lessor shall not accept for safekeeping dangerous items (e.g. weapons and chemicals), items with a total value exceeding CZK 100.000,- (in words: one hundred thousand Czech crowns) and a size, especially a size exceeding 30 x 30 x 30 cm, and vehicles or their accessories, or live animals or food. The Lessor shall not be liable for any damage caused by failure to comply with these rules.

4. The Lessee is obliged to claim any damage to the items deposited or brought in immediately after its discovery, no later than at the end of the lease at check-out. In the event of any damage to the Lessee’s health (accident, injury, etc.), which could have originated in the Lessor’s operational activities in the Building, the Lessee shall notify the Lessor (or its representative) without undue delay.

5. Parking of the Lessee’s vehicles is possible for a fee in the pre-reserved spaces. Parking capacity is limited. The parking lot is not guarded and the Lessor shall not be liable for theft of or damage to parked vehicles caused by third parties or for items left in the vehicles.

6. The apartment may be used only by the persons indicated on the registration card and in the maximum number of persons according to the capacity of the apartment (including extra beds), i.e. 6 persons.

7. Visitors may only be admitted to the Apartment from 8 am to 10 pm with the consent of the Landlord (or his representative) and by entering the guest book.

8. You are not allowed to use your own electrical appliances in the apartment. This prohibition does not apply to personal hygiene appliances (hair dryers, shavers, etc.), computer equipment (laptop) and computer chargers (laptop, camera).

9. Pets are not allowed.

10. For safety reasons, it is not allowed to leave children without adult supervision in the Apartment and other areas of the Building. Parents are responsible for the safety of their children in all areas of the Building and are fully responsible for any damage caused by their children.

11. From 22:00 to 8:00, persons using the Apartment are obliged to respect the night-time quiet.

12. Persons using the Apartment must turn off the taps, close windows and doors, turn off electrical appliances and turn off lights when leaving the room.

13. At the end of the lease, the Tenant must vacate the Apartment and settle his/her bill for any additional services and hand over the keys to the Apartment. The provisions of the Civil Code on automatic renewal of the lease are excluded.

14. The building and the Apartment are non-smoking. Smoking in these premises is subject to a fine of CZK 5000,- (in words: five thousand Czech crowns).

 

VII.  COMPLAINTS AND INFORMATION ON OUT-OF-COURT DISPUTE RESOLUTION

1. The Lessee is entitled to complain to the Lessor about the quality of the rent and/or services provided if their quality or extent or other conditions do not correspond to the extent, quality and conditions specified in the binding reservation. The Lessor undertakes to ascertain the circumstances of the complaint without undue delay and, in the event of a justified complaint, to ensure that the defective condition is rectified or to provide the Lessee with a discount. The Lessee is obliged to file a complaint with the Lessor without undue delay after discovering the defective provision. Later claims will not be taken into account.

2. Information on out-of-court dispute resolution. The entity competent for out-of-court dispute resolution (ADR) between the Lessor and the Lessee arising from the service provided (consumer disputes) is, according to Section 20e(d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, Internet address: https://adr.coi.cz/cs or another entity authorized by the Ministry of Industry and Trade.

 

VIII. DELIVERY

1. The Parties may deliver all written correspondence to each other by electronic mail.

2. The Lessee shall deliver correspondence to the Lessor at the email address specified in these GTC. The Lessor shall deliver correspondence to the Lessee at the email address specified in the proper order – reservation

 

IX. PERSONAL DATA

1. All information provided by the Parties in the course of their cooperation shall be confidential and shall be treated as such. Unless the Lessee gives the Lessor written permission, the Lessor shall not use the Lessee’s information in any way other than for the purpose of performing under the Agreement, except for the email address to which the Lessor is entitled to send commercial communications, as this is permitted by law, unless the Lessee refuses. These communications may only relate to a similar service and may be opted out of at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last Agreement between the parties.

2. More detailed information on the protection of personal data is contained in the Personal Data Processing Policy available on the Lessor’s website.

 

X. FINAL PROVISIONS

1. All agreements between the Lessor and the Lessee shall be governed by the law of the Czech Republic. If the relationship established by the Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic.

2. All rights to the Lessor’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Lessor. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Lessor.

3. These GTC may be amended and changed in full and without limitation by the Lessor in electronic form. In the event that such a change occurs, the new version of the GTC will be placed on the Lessor’s website and sent to the Lessee with whom the Contract is being concluded without further delay. The amendment to these GTC shall become effective upon publication or delivery of the text to the Lessee. In the event of the Lessee’s disagreement with the published amendment to the GTC, the Lessee shall notify the Lessor of such disagreement in writing within two days of the delivery of the amendment to the GTC.

4. If any particular provision of these GTC shall be found to be invalid, it shall be fully severable from the other provisions of these GTC and such invalidity shall not affect the validity and enforceability of any other provisions of these GTC.

5. In other matters not covered by these GTC, the Lessee and the Lessor undertake to comply with the laws of the Czech Republic, good morals and to resolve any disputes preferably amicably.

6. These GTC come into force on 1.7.2023.

Reserve your stay in Alps