Terms and conditions
Fassung August 2026
General Terms and Conditions (GTC)
for the Short-Term Rental of Holiday Apartments / Apartments
**Landlord:** HOME4MOTION GmbHSteinfeldgasse 61, 8020 Graz, Austriaoffice@home4motion.com
Property: 3 apartments at Steinfeldgasse 61, 8020 Graz
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all bookings and agreements concerning the short-term, temporary accommodation (holiday apartment/apartment) between the Landlord and the Guest (hereinafter referred to as the “Guest”).
(2) This is expressly not a tenancy agreement within the meaning of the Austrian Tenancy Act (Mietrechtsgesetz – MRG), but rather an accommodation agreement for temporary use for holiday, leisure or travel purposes.
(3) Any deviating, conflicting or supplementary terms and conditions of the Guest shall not become part of the contract unless the Landlord expressly agrees to their validity in writing.
§ 2 Conclusion of the Contract
(1) The contract is concluded upon the Guest’s booking request (online, in writing, by telephone or by e-mail) and the Landlord’s booking confirmation.
(2) By making the booking, the Guest accepts these GTC as binding.
(3) The Guest is obliged to provide truthful and complete information when making the booking (name, address, number of persons, contact details).
§ 3 Prices and Payment Terms
(1) The prices displayed at the time of booking shall apply. Unless otherwise stated, all prices are in euros and include statutory VAT.
(2) Local taxes/accommodation taxes (e.g. pursuant to the applicable state legislation), unless expressly included in the price, shall be paid in addition.
(3) **Payment terms:**Payment is due within 10 days of receipt of the invoice.
(4) If the agreed payment is not made on time, the Landlord shall be entitled to withdraw from the contract and charge a cancellation fee in accordance with § 5.
§ 5 Withdrawal, Cancellation and Right of Withdrawal
(1) Cancellation by the Guest must be made in writing (e-mail is sufficient). Unless otherwise individually agreed, the following cancellation conditions shall apply:
* Cancellation up to 5 days before arrival: **free of charge*** Cancellation from 5 to 2 days before arrival: **20% of the total price*** Cancellation from 1 day before arrival or in the event of no-show: **100% of the total price**
(2) **Information regarding consumer rights:** For contracts concerning the provision of accommodation for purposes other than residential purposes, where the contract provides for a specific date or period, consumers do not have a statutory right of withdrawal pursuant to Section 18 para. 1 no. 10 of the Austrian Long-Distance and External Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG). However, these GTC grant the Guest the contractual cancellation options set out above.
(3) The Landlord may withdraw from the contract in the event of material breaches of contract by the Guest (e.g. payment default or serious violation of the house rules).
(4) **Force majeure:** If the provision of the agreed service becomes impossible due to force majeure (e.g. an official order or natural disaster), payments already made shall be refunded; any further claims are excluded.
§ 6 Arrival and Departure
(1) **Check-in:** from [3:00 p.m.] on the day of arrival.**Check-out:** by [11:00 a.m.] on the day of departure.
(2) Different arrival or departure times are only possible by prior arrangement and subject to availability and may be subject to an additional fee.
§ 7 Use, Occupancy and House Rules
(1) The apartment may only be used by the number of persons specified in the booking. Over-occupancy is not permitted and entitles the Landlord to terminate the contract without notice and without reimbursement.
(2) The Guest undertakes to treat the accommodation with due care, comply with the house rules and applicable quiet hours, and show consideration for neighbours.
(3) Smoking is permitted in the accommodation only in the following area: **designated smoking area**.
(4) **Pets are welcome.**
(5) Parties and events in the accommodation require the Landlord’s prior written consent.
(6) Subletting or transferring the accommodation to third parties is not permitted.
§ 8 Damage and Liability of the Guest
(1) The Guest shall be liable for all damage caused culpably by the Guest, their fellow travellers or visitors to the accommodation, its furnishings or the building.
(2) Any damage must be reported to the Landlord without undue delay.
§ 9 Liability of the Landlord
(1) The Landlord shall be liable in accordance with the statutory provisions for damage resulting from injury to life, body or health, as well as in cases of intent and gross negligence.
(2) In cases of slight negligence, the Landlord shall only be liable for breaches of essential contractual obligations, limited to the foreseeable and typically contractual damage.
(3) To the extent permitted by law, the Landlord shall not be liable for items, valuables or vehicles brought onto the premises by the Guest.
(4) The use of any additional facilities (e.g. pool, sauna, play equipment) is at the Guest’s own risk.
§ 10 Cleaning
(1) Final cleaning shall be charged in accordance with the offer/booking conditions.
(2) The Guest is obliged to leave the accommodation in a broom-clean condition upon departure (dishes cleaned and rubbish disposed of), unless otherwise agreed. In the event of excessive soiling, an additional cleaning fee of **€50** shall be charged.
§ 11 Data Protection
(1) The Landlord processes the Guest’s personal data exclusively for the purpose of contract processing, compliance with statutory registration obligations (e.g. guest registration/local accommodation tax), and communication in connection with the booking, in accordance with the provisions of the GDPR and the Austrian Data Protection Act (DSG).
(2) Personal data shall only be disclosed to third parties where this is necessary for the performance of the contract or required by law.
(3) Further information is provided in the Landlord’s separate Privacy Policy.
§ 12 Jurisdiction and Applicable Law
(1) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Guest is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), the statutory rules on jurisdiction shall apply. If the Guest is an entrepreneur, the registered office of the Landlord shall be agreed as the place of jurisdiction.
§ 13 Final Provisions
(1) Amendments and additions to this contract must be made in writing. This shall also apply to any amendment of this written-form requirement.
(2) Should any individual provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
**Version dated: 10 August 2026**
for the Short-Term Rental of Holiday Apartments / Apartments
**Landlord:** HOME4MOTION GmbHSteinfeldgasse 61, 8020 Graz, Austriaoffice@home4motion.com
Property: 3 apartments at Steinfeldgasse 61, 8020 Graz
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all bookings and agreements concerning the short-term, temporary accommodation (holiday apartment/apartment) between the Landlord and the Guest (hereinafter referred to as the “Guest”).
(2) This is expressly not a tenancy agreement within the meaning of the Austrian Tenancy Act (Mietrechtsgesetz – MRG), but rather an accommodation agreement for temporary use for holiday, leisure or travel purposes.
(3) Any deviating, conflicting or supplementary terms and conditions of the Guest shall not become part of the contract unless the Landlord expressly agrees to their validity in writing.
§ 2 Conclusion of the Contract
(1) The contract is concluded upon the Guest’s booking request (online, in writing, by telephone or by e-mail) and the Landlord’s booking confirmation.
(2) By making the booking, the Guest accepts these GTC as binding.
(3) The Guest is obliged to provide truthful and complete information when making the booking (name, address, number of persons, contact details).
§ 3 Prices and Payment Terms
(1) The prices displayed at the time of booking shall apply. Unless otherwise stated, all prices are in euros and include statutory VAT.
(2) Local taxes/accommodation taxes (e.g. pursuant to the applicable state legislation), unless expressly included in the price, shall be paid in addition.
(3) **Payment terms:**Payment is due within 10 days of receipt of the invoice.
(4) If the agreed payment is not made on time, the Landlord shall be entitled to withdraw from the contract and charge a cancellation fee in accordance with § 5.
§ 5 Withdrawal, Cancellation and Right of Withdrawal
(1) Cancellation by the Guest must be made in writing (e-mail is sufficient). Unless otherwise individually agreed, the following cancellation conditions shall apply:
* Cancellation up to 5 days before arrival: **free of charge*** Cancellation from 5 to 2 days before arrival: **20% of the total price*** Cancellation from 1 day before arrival or in the event of no-show: **100% of the total price**
(2) **Information regarding consumer rights:** For contracts concerning the provision of accommodation for purposes other than residential purposes, where the contract provides for a specific date or period, consumers do not have a statutory right of withdrawal pursuant to Section 18 para. 1 no. 10 of the Austrian Long-Distance and External Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG). However, these GTC grant the Guest the contractual cancellation options set out above.
(3) The Landlord may withdraw from the contract in the event of material breaches of contract by the Guest (e.g. payment default or serious violation of the house rules).
(4) **Force majeure:** If the provision of the agreed service becomes impossible due to force majeure (e.g. an official order or natural disaster), payments already made shall be refunded; any further claims are excluded.
§ 6 Arrival and Departure
(1) **Check-in:** from [3:00 p.m.] on the day of arrival.**Check-out:** by [11:00 a.m.] on the day of departure.
(2) Different arrival or departure times are only possible by prior arrangement and subject to availability and may be subject to an additional fee.
§ 7 Use, Occupancy and House Rules
(1) The apartment may only be used by the number of persons specified in the booking. Over-occupancy is not permitted and entitles the Landlord to terminate the contract without notice and without reimbursement.
(2) The Guest undertakes to treat the accommodation with due care, comply with the house rules and applicable quiet hours, and show consideration for neighbours.
(3) Smoking is permitted in the accommodation only in the following area: **designated smoking area**.
(4) **Pets are welcome.**
(5) Parties and events in the accommodation require the Landlord’s prior written consent.
(6) Subletting or transferring the accommodation to third parties is not permitted.
§ 8 Damage and Liability of the Guest
(1) The Guest shall be liable for all damage caused culpably by the Guest, their fellow travellers or visitors to the accommodation, its furnishings or the building.
(2) Any damage must be reported to the Landlord without undue delay.
§ 9 Liability of the Landlord
(1) The Landlord shall be liable in accordance with the statutory provisions for damage resulting from injury to life, body or health, as well as in cases of intent and gross negligence.
(2) In cases of slight negligence, the Landlord shall only be liable for breaches of essential contractual obligations, limited to the foreseeable and typically contractual damage.
(3) To the extent permitted by law, the Landlord shall not be liable for items, valuables or vehicles brought onto the premises by the Guest.
(4) The use of any additional facilities (e.g. pool, sauna, play equipment) is at the Guest’s own risk.
§ 10 Cleaning
(1) Final cleaning shall be charged in accordance with the offer/booking conditions.
(2) The Guest is obliged to leave the accommodation in a broom-clean condition upon departure (dishes cleaned and rubbish disposed of), unless otherwise agreed. In the event of excessive soiling, an additional cleaning fee of **€50** shall be charged.
§ 11 Data Protection
(1) The Landlord processes the Guest’s personal data exclusively for the purpose of contract processing, compliance with statutory registration obligations (e.g. guest registration/local accommodation tax), and communication in connection with the booking, in accordance with the provisions of the GDPR and the Austrian Data Protection Act (DSG).
(2) Personal data shall only be disclosed to third parties where this is necessary for the performance of the contract or required by law.
(3) Further information is provided in the Landlord’s separate Privacy Policy.
§ 12 Jurisdiction and Applicable Law
(1) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Guest is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), the statutory rules on jurisdiction shall apply. If the Guest is an entrepreneur, the registered office of the Landlord shall be agreed as the place of jurisdiction.
§ 13 Final Provisions
(1) Amendments and additions to this contract must be made in writing. This shall also apply to any amendment of this written-form requirement.
(2) Should any individual provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
**Version dated: 10 August 2026**