Terms and Conditions of Use

Before you continue reading

We see ourselves as a partner at your side – our shared success as landlord/landlady and as a platform is our top priority. The following Terms of Use are necessary for legal reasons and govern our contractual relationship in a binding manner. However, this does not change the fact that we are always willing to talk: If you have questions, uncertainties, or special situations, simply contact us directly – we will find a solution together.

These Terms of Use govern the contractual relationship between us, feinquartiert GmbH, a limited liability company with its registered office in Pennewang and its business address A-4624 Pennewang, Weißbach 5, registered in the company register at the Regional Court of Wels under FN 529842 f (hereinafter: “zimmmer.at” and “zimmmer.de” or simply: “we”) and our customers with regard to downloading, installing and using the “zimmmer App” (hereinafter: the “App”) and/or using our website “www.zimmmer.at” and www.zimmmer.de" (the “Website”) and/or using our platform for renting rooms and accommodation (the “Platform”) in any other way. These Terms of Use are addressed both to customers who qualify as consumers under the provisions of the Austrian Consumer Protection Act (“KSchG”) (such customers also briefly: “consumer customers”) and to customers who do not qualify as consumers (such customers also briefly: “business customers”).

I.
PRE-CONTRACTUAL INFORMATION OBLIGATIONS TOWARDS CONSUMER CUSTOMERS

First, we comply with our pre-contractual information obligations in accordance with the provisions of Article 6 of Directive 2011/83/EU and Sections 4 and 7 of the Austrian Distance and Off-Premises Contracts Act (“FAGG”). The provisions of this Section I apply only vis-à-vis consumer customers.

Entrepreneur:    
feinquartiert GmbH
Weißbach 5
4624 Pennewangt
FN 491965 d; LG Wels
www.zimmmer.at
www.zimmmer.de
+436644285949 / office@feinquartiert.at
VAT ID: ATU 75373427
Chamber: Austrian Federal Economic Chamber
Trade: Hospitality business in the operating type pension/guesthouse
(GISA number 32827965)

Essential characteristics of the service:    
Provision of an online platform for near real-time display of the availability of worker and fitter accommodations (rooms, quarters) for booking such accommodations by employers (temporary work agencies, hiring companies) and/or the employees themselves, as well as offering an app for accommodation providers (hosts) with which they can update the availability of their accommodations in near real time.

Prices:    
Use of the service is free of charge for accommodation seekers. Accommodation providers (hosts) undertake to pay a monthly or annual basic fee, which depends on the subscription and fee model and – depending on the chosen subscription and fee model – possibly also a fee per room offered. In connection with the use of the App, the Website and the Platform, data transfer costs charged by the network operator may arise, which must be borne by the customers themselves.

Users acknowledge that the room price information in the listings, given that it is aimed at businesses entitled to deduct input VAT, is always to be understood as excluding VAT (net)!

Term and termination:    
The contractual relationship for using the Platform (including the App) is concluded for the term of the respective subscription and is automatically extended by the selected period (monthly/annually). Accommodation providers (hosts) have the right to terminate the contractual relationship at any time at the end of the respective subscription. Accommodation seekers may terminate the contractual relationship at any time without stating reasons. We have the right to terminate the contractual relationship with one month’s notice to the end of the respective subscription. Furthermore, either party is entitled to terminate with immediate effect if there is good cause. Good cause includes, in particular, a breach of the Terms of Use.

Delivery and performance relationship: 
The Website is provided via the internet. The App is downloaded via the Google Play Store and/or the Apple App Store. Delivery of the App takes place immediately. 

Expiry of the right of withdrawal:
If, at the customer’s request, performance of a service begins before the expiry of the 14-day withdrawal period under Section 11 FAGG, the right of withdrawal lapses after legal instruction about these consequences of early performance. 

The customer therefore acknowledges and expressly agrees that with the first use of the App, performance by the entrepreneur takes place before the expiry of the withdrawal period pursuant to Section 11 FAGG and that this is associated with the loss of the right of withdrawal pursuant to Section 18 FAGG.

Warranty:
If the entrepreneur provides defective performance, the consumer customer has the right to assert warranty claims within the scope of the statutory warranty provisions. For business customers, the limitations of these Terms of Use apply.

Final provisions:
The information contained in this Section I is an integral part of the contractual relationship regarding use of the Platform. Changes are effective only if expressly agreed by the contracting parties.

II.
TERMS OF USE
1.    SCOPE

1.1    These Terms of Use govern the contractual relationship between us and the customers. The Terms of Use apply vis-à-vis consumer customers as well as business customers.
 
1.2    By registering as a host (accommodation provider), the customer agrees to these Terms of Use.
Furthermore, by installing and first starting the App, the customer agrees to these Terms of Use. This is expressly confirmed by the customer by clicking the “Terms of Use” button.

1.3    Vis-à-vis business customers, these Terms of Use also apply to all future transactions, even if in an individual case no explicit reference is made to them.

1.4    We provide our services exclusively on the basis of the Terms of Use. General terms and conditions of customers or purchasing conditions of customers apply only if expressly confirmed by us in writing. A reference to attached or otherwise accessible or obtainable general terms and conditions of customers or purchasing conditions of customers does not constitute an express written confirmation. General terms and conditions of customers or purchasing conditions of customers are deemed waived and are expressly objected to by reference to these Terms of Use. This Clause 1.4 applies only vis-à-vis business customers.

2.    SUBJECT MATTER OF THE CONTRACT // USE OF THE APP AND THE PLATFORM

2.1    After registration and selection of a subscription and fee model, the Platform can be used by hosts (accommodation providers) via the internet and/or via the App. The Platform can also be used free of charge by accommodation seekers.

2.2    Our zimmmer online platform (the “Platform”) is an online marketplace that enables registered accommodation providers (“hosts”) to offer listings (“Listings”) for the rental or other use of rooms, quarters and other stay and/or overnight options on our Platform under their own responsibility and in compliance with the public-law and contractual provisions applicable to them (the “host services”) and to communicate with users who wish to conclude contracts with the hosts for host services on the basis of the information offered on the Platform.

2.3    As the operator of the Platform, we are not the owner, seller, reseller or provider of rooms/quarters or other host services, nor do we act as a tour operator or travel agent for package travel within the meaning of Directive (EU) 2015/2302. In addition, zimmmer does not create, control or manage any Listings or host services. Hosts are solely responsible for their Listings and host services. When users make or accept a booking, they enter into a contract directly with each other. zimmmer is not and will not be a party or otherwise involved in the contractual relationship between users, nor is zimmmer a real estate agent or an insurance company. zimmmer does not act in any capacity as a representative for any user.

2.4    We neither review nor warrant (i) the existence, quality, safety, suitability or legality of Listings or host services, (ii) the truthfulness or accuracy of Listing descriptions, ratings, reviews or other user-generated content, or (iii) the performance capability or conduct of a host or third parties. Users acknowledge that hosts’ availability information should be designed to be as close to real-time as possible, but is not updated fully in real time; the accuracy of availability information therefore depends in particular on hosts marking booked/occupied rooms as no longer available (flagging), which is not automated by the Platform; furthermore, there is a time lag of about one hour between setting “no longer available” and its display on the Platform. We expressly do not provide any recommendations for hosts, Listings or host services. When deciding whether to use an accommodation or other host services, accept a booking request from a guest, or communicate and interact with other users online or in person, you should always exercise due care.

2.5    Users acknowledge that the room price information in the Listings, given that it is aimed at businesses entitled to deduct input VAT, is always to be understood as excluding VAT (net)!

2.6    The App is available for free download. In connection with the use of the App, data transfer costs charged by the network operator may arise, which must be borne by the customers themselves.

2.7    Use of the App requires successful installation on the mobile device as well as acceptance of the Terms of Use.

2.8    We grant the customer a simple, non-transferable and non-sublicensable right, limited in time to the term of the user relationship, to use the App in the current version including updates and other components in accordance with these Terms of Use. The provision or disclosure of the App’s source code is not owed. There is no obligation on zimmmer to further develop the App provided.

2.9    The App may contain open-source software components; their provision and use is free of charge and without surcharge to the contractually agreed remuneration and is subject to the terms of use of the respective rights holders.

2.10    The customer may not modify, copy, disassemble, reassemble, publish, reverse engineer or reproduce the App. The customer is only permitted to use the App for their own purposes. Third parties are excluded from use.

2.11    The customer undertakes to use the Platform and the App exclusively in accordance with the legal provisions applicable to them and with due regard to the protective rights of third parties. zimmmer declines any responsibility for the content generated via the Platform/App and/or the room offered via the Platform. In particular, zimmmer has neither the responsibility nor the possibility to review customer-generated content for compliance (conformity) with third-party protective rights (e.g., third-party trademark rights or third-party copyrights) and/or applicable legal provisions. The customer bears sole responsibility for the content generated by them and in particular for the rooms offered by them. This applies (without limitation) in particular to the question of whether the condition of the rooms offered corresponds to the actual circumstances, whether the rooms offered are actually available in the periods offered, whether room rental is carried out in accordance with the applicable trade-law and/or other public-law provisions, and/or whether the host has actually paid all taxes and other charges due (local tax, tourism levy, …). The host undertakes to review all these matters on their own responsibility and to hold zimmmer as well as its corporate bodies and vicarious agents harmless from and against any violations of third-party protective rights and/or applicable legal provisions.

3.    SUPPORT

3.1    We offer support for the App on the Website Contact as well as by e-mail Send e-mail. Although we will strive to ensure accessibility and content quality of support, we expressly do not guarantee any specific accessibility or any particular content quality of support.

3.2    We are also entitled to discontinue support or not to provide it in individual cases, without the customer being able to derive any claims from this.

4.    THIRD-PARTY PROTECTIVE RIGHTS

4.1    If a third party asserts claims against the customer arising from or in connection with an alleged infringement for which zimmmer is responsible, zimmmer is liable to the customer within the limitation period stated in Clause 5 as follows: zimmmer will, at its own discretion and at its own expense, within a reasonable period, either procure a right of use for the relevant services or modify them so that the protective right is not infringed while the service remains equivalent. If this is not possible for zimmmer under reasonable conditions, the customer is entitled to the statutory rights of price reduction, withdrawal and/or termination as well as claims for damages pursuant to Clause 5.

4.2    The obligations of zimmmer mentioned in Clause 4.1 exist only insofar as the customer immediately notifies zimmmer in writing of the claims asserted by the third party, does not acknowledge an infringement, and zimmmer retains all defensive measures and settlement negotiations.

4.3    If the customer stops using the services for reasons of damage mitigation or other important reasons, they are obliged to point out to the third party that stopping use does not constitute an acknowledgment of an infringement of protective rights.

4.4    Claims of the customer pursuant to Clause 4.1 are excluded insofar as the customer is responsible for the infringement of protective rights.

4.5    Claims of the customer under Clause 4.1 are also excluded insofar as the infringement of protective rights is caused by special specifications of the customer, by use not foreseeable by zimmmer, or by the fact that the delivery or service is modified by the customer or used together with services not provided by zimmmer.

4.6    zimmmer assumes no warranty and liability for any infringements of protective rights by third-party hardware or software components integrated by the customer. In such cases, the customer undertakes to immediately indemnify and hold zimmmer harmless from and against all third-party claims.

5.    WARRANTY AND LIABILITY

5.1    The warranty period is six months from handover of the service to be provided by us. This also applies to non-apparent defects that are based on the assurance of special characteristics. This clause applies only vis-à-vis business customers.

5.2    The customer bears the burden of proof that a service provided by zimmmer was defective at the time of handover; Section 924 ABGB is excluded. This clause applies only vis-à-vis business customers.

5.3    Obviously recognizable defects must be reported in writing within 5 working days after delivery, provision or acceptance in order to preserve claims within the meaning of Section 377 (2) UGB; hidden defects within 5 working days after discovery. The customer is obliged to provide zimmmer with all documents and information required to remedy defects. If a notice of defects was unjustified, zimmmer is entitled to demand reimbursement of the expenses incurred from the contractual partner. This clause applies only vis-à-vis business customers; however, it also applies to the delivery of intangible items.

5.4    If a defect occurs within the warranty period, zimmmer may, at its option, deliver a replacement or remedy the defect within a reasonable period. If the replacement delivery or remedy fails within a reasonable period or is unreasonable, the contractual partner is entitled, in accordance with statutory provisions, to reduce the purchase price or withdraw from the contract. This clause applies only vis-à-vis business customers; however, it also applies to the delivery of intangible items.

5.5    In the event of only an insignificant reduction in suitability for contractual use, there are no claims due to defects in the contractual service. This clause applies only vis-à-vis business customers; however, it applies with regard to both the use of the App and/or the Platform.

5.6    As a general rule, we provide no warranty for defects, errors, malfunctions or damage attributable to improper operation or for content generated by our customers. In particular (without limitation), we are therefore not liable if a room arranged via our Platform/App does not actually correspond to the representations/advertising/promises, or if it should in fact not be available contrary to the information on the Platform/App, or if accommodation providers (hosts) should fail to comply with public-law provisions (trade regulations, spatial planning laws, …) or fail to declare and/or pay all taxes and other charges due (tourism levies, local tax, …).

5.7    Business customers must always prove fault on the part of zimmmer or its agents; Section 1298 ABGB is waived to that extent.

5.8    Liability for damages caused by the use or non-use of information provided or by the use of incorrect or incomplete information is excluded unless there is intent or gross negligence on the part of zimmmer. This clause applies vis-à-vis consumer customers as well as business customers. The limitation of liability does not apply to damages arising from injury to life, body or health of persons, nor in the event that mandatory statutory provisions and essential contractual obligations provide otherwise.

5.9    Vis-à-vis business customers, the limitation periods of Section 1489 ABGB with regard to use of the Platform, the Website and/or the App are shortened such that claims for damages against zimmmer must be asserted in court within six months from knowledge of the damage and the injuring party, but no later than three years from conclusion of the contract, otherwise they are time-barred.

5.10    Vis-à-vis business customers, liability (both with regard to use of the App/Website/Platform, irrespective of the legal basis of liability (contract, tort, strict liability or other legal basis), to the extent legally permissible) is limited to the lower of the following two amounts: (a) the actual coverage amount of any liability insurance taken out by us or (b) the registration fee actually paid by the respective host in the last contract year. This limitation also applies with regard to damage to an item that we may have taken over for processing. The limitation of liability does not apply to damages arising from injury to life, body or health of persons, nor in the event that mandatory statutory provisions and essential contractual obligations provide otherwise.

5.11    Vis-à-vis business customers, any liability for production downtime, lost profit, loss of use, contractual losses or any other consequential damage is excluded. In particular (without limitation), we also assume no liability for any replacement procurements or other consequential damages if a room offered via our Platform – for whatever reason – is actually not available or if information in a Listing is otherwise incorrect or incomplete.

5.12    The exclusion of liability also covers claims against our employees as well as our representatives and vicarious agents due to damage they cause to the customer without reference to a contract between them and the customer.

5.13    If and insofar as the customer can claim insurance benefits for damages for which we are liable from their own damage insurance or damage insurance taken out in their favor (e.g., liability insurance, comprehensive insurance, transport, fire, business interruption and others), the customer undertakes to claim the insurance benefits and our liability is limited in this respect to the disadvantages incurred by the customer as a result of claiming this insurance (e.g., higher insurance premiums).

5.14    If we provide tools to generate invoices for accommodation providers (hosts), the files generated there are to be understood only as drafts for sending invoices. We do not provide tax advice and are not able to check invoices for compliance with the applicable VAT rules. In particular (without limitation), hosts must independently and on their own responsibility check whether they must subject their services to VAT (or whether exception provisions, such as the small business regulation, apply), which VAT rules apply to the specific service (in particular national VAT law or internal market rules), which tax rate applies, or whether the reverse charge rules apply. Any liability on our part for VAT issues or VAT disclosure is excluded!

6.    LINKS

The Website, the App and/or the Listings may contain links to third-party websites or other apps. These are not subject to the control and responsibility of zimmmer. We therefore assume no liability for linked content and external offers.

7.    TERM

7.1    Accommodation providers (hosts) have the right to terminate the contractual relationship at any time at the end of the current period (subscription model annually or monthly). Accommodation seekers (guests) may terminate the contractual relationship at any time without stating reasons. We have the right to terminate the contractual relationship with one month’s notice to the end of the month.

7.2    Furthermore, either party is entitled to terminate with immediate effect if there is good cause. Good cause includes, in particular, a breach of the Terms of Use.

8.    AMENDMENT OF THE TERMS OF USE

8.1    We are entitled to adapt and change the Terms of Use if this is necessary due to new laws, case law, or technical reasons.

8.2    The changes will be communicated to the customer in the form announced when downloading the App (by e-mail or SMS) two weeks in advance. The customer may notify within two weeks that they do not agree with the changes. If the customer does not make use of this option, then when the App is used for the first time after the deadline has passed, the customer must expressly agree to the new Terms of Use by clicking a button.

9.    FINAL PROVISIONS

9.1    Should individual parts of these Terms of Use be invalid, this shall not affect the validity of the remaining parts. zimmmer and business customers undertake already now jointly – based on the horizon of honest contracting parties – to agree on a replacement provision that comes closest to the economic result of the invalid provision.

9.2    The customer must notify the entrepreneur of changes to the e-mail address without delay.

9.3    Austrian law applies, excluding the referral and conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumer customers, this choice of law applies only insofar as it does not restrict mandatory statutory provisions of the state in which they have their domicile or habitual residence.

9.4    The exclusive place of jurisdiction for all disputes arising from (or in connection with) the contractual relationship and/or any other contracts between us and a business customer is the court with subject-matter jurisdiction for Wels.

10.    ALTERNATIVE DISPUTE RESOLUTION

10.1    The EU Commission provides a platform for online dispute resolution on the internet.

10.2    This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.3    zimmmer is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.