- Kesamet GmbH (in short: "Kesamet") is a company incorporated under Austrian law with its seat in Vienna, Austria, which among other business activities is offering short term accommodation in furnished guest apartments to private and corporate clients (in short: "Guests"). Austrian law applies to all business relations excluding rules of conflict of laws.
Any booking of such accommodation is not subject to the Austrian law on tenancy agreements (para 1 subpara 2 n 1 MRG). Bookings may be subject to the Austrian consumer protection act, if the guest is consumer in the sense of this act (para 1 subpara 1 n 2 KSchG). Also for consumers there is however no right to cancel any booking by virtue of para 18 subpara 1 n 10 FAGG, unless provided in these terms and conditions (in short: GTC") or the specific offer (in short: "Offer").
- Kesamet is promoting its guest apartments on its web page www.thecoachmansresidence.com and on various other platforms on the Internet. It may be noted that for a booking request on such other platforms additional terms and conditions of these platforms may apply.
- Any booking request is binding on the Guests and only conditional to the acceptance of Kesamet. The booking request is only valid when designating a specific time of the stay.
- The full price of the booking including all fees and taxes has to be paid at least 7 days in advance of the stay unless otherwise stated in the Offer or in an explicit written agreement with Kesamet. Should the Guests fail to make this advance payment within the appropriate time frame, Kesamet is entitled to cancel the booking. In such case the full cancellation fee applies (item 6).
- The Guests are entitled to cancel the booking at any time by e-mail to office[at]kesamet.at or any other form of communication offered for this purpose on the web page https://www.thecoachmansresidence.com or on the internet platform on which the booking was made. The cancelation is subject to a fee as defined in the following paragraph.
- If the offer does not specify any other cancellation policy, the following cancellation fees apply: There is no cancellation fee if the booking is cancelled at least 30 days before the arrival date. If the booking is cancelled less than 30 but at least 14 days before the arrival date the cancellation fee is 50% of the booking price. If the booking is cancelled less than 14 days before the arrival date the cancellation fee is 100% of the booking price.
- The booking price contains only those items and service as explicitly defined in the Offer in writing. Unless otherwise stated the price contains the following services: At any stay of three continuous days one basic cleaning of the property, Wired and WiFi Internet (24/6 Mbits), Cable TV, Welcome Refrigerator Starter Package, Basement Laundry Area with washing machine, Garden Access
- The Guests are obliged to use the guest apartments and all facility with care and abide by the house rules as notified at the property and on the website www.thecoachmansresidence.com. The customer isis the guests are obliged to pay compensation for any damage exceeding usual wear and tear. The customerThe guests also stipulates to abide by any legal rules in the usage of the apartment and not to condone any illegal behaviour. Only private non-commercial usage of the guest apartment is allowed. Any passing-on of the guest apartment to third persons is inadmissible.
The Guests are also required to provide all information necessary for registration or any other legal requirements under Austrian law by the day of arrival. Additionally, it may be noted that Guests are required to officially register the stay with the public authorities of the City of Vienna, at any stay exceeding 2 months.
- Kesamet may terminate the booking at any time also during the stay, if the Guests fail to comply with any of their material obligations as laid down in item 8. In such event the full cancellation fee (item 6) applies to the remainder of the booking.
- The Guests agree that any notified and provided information is to be used within Kesamet and its affliates - if any - and may be transferred to any competent public authority to fulfil statutory obligations. Kesamet will not transfer information to third persons not affiliated with this company. Kesamet may use the information for the purpose of notifying the Guest of its future Offers, unless the Guests request not to receive such notifications. If Guests are providing data of third persons in the registration process they confirm that such information is given with the consent of the owner of such data.
- Kesamet shall not be liable for slight negligence excluding personal injury.
- As far as allowed by law, the exclusively competent court of jurisdiction for any disputes arising in the context of any booking shall be the court competent for the specific subject matter in 1130 Vienna. Consumers may direct any complaints to the platform for Online Dispute Resolution of the EU: https://ec.europa.eu/odr or to the e-mail address office[at]kesamet.at