These terms of use govern the contractual relationship between us, feinquartiert GmbH, a limited liability company based in Pennewang with the business address of A-4624 Pennewang, Weißbach 5, registered in the commercial register at the regional court of Wels under FN 529842 f (hereinafter briefly referred to as "zimmmer.at" or simply: "we") and our customers regarding the download, installation, and use of the "zimmmer.at App" (hereinafter briefly: the "App") and/or the use of our website "www.zimmmer.at" (the "Website") and/or the use of our platform for room and accommodation rental (the "Platform") in other ways. These terms of use apply both to customers who are consumers according to the provisions of the Consumer Protection Act ("KSchG") (such customers also briefly: "Consumer Customers") and to customers who are not consumers (such customers also briefly: "Entrepreneur Customers").

I.
PRE-CONTRACTUAL INFORMATION OBLIGATIONS TOWARD CONSUMER CUSTOMERS

First, we fulfill our pre-contractual information obligations in accordance with the provisions of Article 6 of Directive 2011/83/EU and §§ 4 and 7 of the Austrian Distance and Off-Premises Transactions Act ("FAGG"). The provisions of this section I apply only to Consumer Customers.

Entrepreneur:    
feinquartiert GmbH
Weißbach 5
4624 Pennewang
FN 491965 d; LG Wels
www.zimmmer.at
+436644285949 / office@feinquartiert.at
VAT ID: ATU 75373427
Chamber: Austrian Chamber of Commerce
Trade: Hospitality in the form of a guesthouse
(GISA number 32827965)

Main feature of the service:    
Provision of an online platform for real-time display of the availability of accommodations for workers and fitters (rooms, accommodations) for booking such accommodations by employers (lessors, employers) 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 real-time.

Prices:    
The use of the service is free of charge for accommodation users. Accommodation providers (hosts) undertake to pay a monthly or annual base fee, which depends on the subscription and fee model (Membership overview) 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 of the network operator may arise, which are to be borne by the customers themselves.

Users acknowledge that the room price information in the listings, given that it is aimed at taxable entrepreneurs, is always understood to be exclusive of VAT (net)!

Duration and termination:    
The contractual relationship for the use of the platform (including the App) is concluded for the duration of the respective subscription. Accommodation providers (hosts) have the right to terminate the contractual relationship at any time with a notice period of one month at the end of the respective subscription. Room seekers can terminate the contractual relationship at any time without giving reasons. We have the right to terminate the contractual relationship with a notice period of one month at the end of the respective subscription. Furthermore, each contractual party is entitled to immediate termination if there is an important reason. An important reason is, in particular, a violation of the terms of use.

Delivery and performance relationship: 
The provision of the Website is via the Internet. The App is downloaded via the Google Play Store and/or the Apple App Store. Delivery of the App occurs immediately. 

Waiver of the right of withdrawal:
If the execution of a service is started at the request of customers before the expiry of the 14-day withdrawal period of § 11 FAGG, the right of withdrawal is waived after legal instruction about these consequences of early execution. 

The customer hereby acknowledges and expressly agrees that with the initial use of the App, the performance of the entrepreneur is carried out before the expiry of the withdrawal period according to § 11 FAGG, and thus the loss of the right of withdrawal according to § 18 FAGG is associated.

Warranty:
If the entrepreneur provides a defective service, the consumer-customer has the right to assert warranty claims within the framework of the legal warranty provisions. For Entrepreneur 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 for the use of the platform. Changes are only effective if expressly agreed upon by the contractual parties.

II.
TERMS OF USE
1.    VALIDITY

1.1    These terms of use govern the contractual relationship between us and the customers. The terms of use apply to both Consumer Customers and Entrepreneur Customers.
 
1.2    By registering as a host (accommodation provider), the customer agrees to the present terms of use.
Furthermore, the customer agrees to the present terms of use by installing and initially starting the App. This is expressly confirmed by the customer clicking the "terms of use" button.

1.3    For Entrepreneur Customers, these terms of use also apply to all future transactions, even if no explicit reference is made to them in individual cases.

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 only apply if they have been expressly confirmed by us in writing. A reference to attached or accessible general terms and conditions of customers or purchasing conditions of customers does not count as an explicit written confirmation. General terms and conditions of customers or purchasing conditions of customers are considered excluded, and reference to these terms of use expressly contradicts them. This point 1.4 applies only to Entrepreneur Customers.

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

2.1    The platform can be used by hosts (accommodation providers) via the Internet (www.zimmmer.at) and/or the App after registration and selection of a subscription and fee model. The platform can also be used by accommodation users free of charge.

2.2    Our zimmmer.at online platform (the "Platform") is an online marketplace that allows registered accommodation providers ("hosts") to offer listings ("listings") for the rental or other use of rooms, accommodations, and other stay and/or overnight possibilities under self-responsible compliance with the public law and contractual provisions applicable to them on our platform (the "host services") and to communicate with users who want to conclude contracts for host services with the hosts based on the information offered on the platform.

2.3    As the operator of the platform, we are neither owners, sellers, resellers, or providers of rooms/accommodations or other host services, nor do we act as a tour operator or travel agent for package tours within the meaning of Directive (EU) 2015/2302. Furthermore, zimmmer.at does not create, control, or manage listings or host services. Hosts are solely responsible for their listings and host services. When users make a booking or accept a booking, they conclude a contract directly with each other. zimmmer.at is not and will not be a party or any other participant in the contractual relationship between users, nor is zimmmer.at a real estate agent or insurance company. zimmmer.at acts in no capacity as an agent for any user.

2.4    We neither check nor guarantee (i) the existence, quality, safety, suitability, or legality of listings or host services, (ii) the accuracy or correctness of listing descriptions, ratings, reviews, or other user-generated content, or (iii) the performance or behavior of a host or third party. Users acknowledge that the availability information of the hosts should be as real-time as possible but is not completely updated in real-time; the accuracy of the availability information therefore depends in particular on hosts marking (flagging) booked/occupied rooms as no longer available, which is not automated by the platform; furthermore, there is a time lag of about one hour between the "no longer available" setting and the display on the platform. We expressly do not give recommendations for hosts, listings, or host services. You should always exercise due diligence when deciding whether to use accommodation or other host services, accept a booking request from a guest, or communicate and interact with other users online or in person.

2.5    Users acknowledge that the room price information in the listings, given that it is aimed at taxable entrepreneurs, is always understood to be exclusive of VAT (net)!

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

2.7    The use of the App requires a successful installation on the mobile device as well as the acceptance of the terms of use.

2.8    We grant customers the simple, non-transferable, and non-sublicensable right, limited to the term of the usage relationship, to use the App in the current version, including updates and other components, in accordance with the present terms of use. The provision or disclosure of the source code of the App is not owed. zimmmer.at is under no obligation to further develop the provided App.

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

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

2.11    The customer undertakes to use the platform and the App exclusively in compliance with the legal regulations applicable to them and taking into account the third-party protection rights. zimmmer.at declines any responsibility for the content generated via the platform/App and/or the accommodation offered via the platform. In particular, zimmmer.at neither has the responsibility nor the possibility to check the customer-generated content for compliance with third-party protection rights (e.g., third-party trademark rights or third-party copyrights) and/or applicable legal regulations. The customer bears sole responsibility for the content generated by them and, in particular, for the accommodation offered by them. This applies (without limitation) in particular to the question of whether the condition of the offered accommodation corresponds to the actual circumstances if the offered accommodation is actually available during the offered periods, whether the room rental is carried out in accordance with the applicable trade law and/or other public law provisions, and/or whether the host actually pays all taxes and other levies (tourism tax, etc.). The host undertakes to review all these questions independently and holds zimmmer.at and its corporate bodies and agents harmless and unchallenged in case of violations of third-party protection rights and/or applicable legal regulations.

3.    SUPPORT

3.1    We offer support for the App on the website Contact and via email Send Email. Although we will strive for reachability and quality content of the support, we expressly do not guarantee a specific reachability or particular content quality of the support.

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

4.    THIRD-PARTY PROTECTION RIGHTS

4.1    If third-party claims arise against the customer or in connection with alleged, attributable rights infringement by zimmmer.at, zimmmer.at is liable to the customer within the limitation period mentioned in point 5 as follows: zimmmer.at will, at its discretion, obtain a right of use for the relevant services within a reasonable period at its own cost or modify them so that the protection right is not infringed, but the performance remains equivalent. If this is not possible for zimmmer.at on reasonable terms, customers are entitled to the statutory reduction, withdrawal, or termination rights and claims for damages according to point 5.

4.2    The obligations mentioned in point 4.1 for zimmmer.at exist only if the customer has promptly notified zimmmer.at in writing of the claims asserted by third parties, does not acknowledge an infringement, and reserves all defense measures and settlement negotiations for zimmmer.at.

4.3    If the customer discontinues the use of the services for damage mitigation or other important reasons, they are obliged to point out to the third party that discontinuing the use does not imply acknowledgment of a protection rights infringement.

4.4    Claims of the customer according to point 4.1 are excluded if they are responsible for the protection rights infringement.

4.5    Claims of the customer according to point 4.1 are also excluded if the protection rights infringement is caused by specific specifications of the customer, an unforeseeable use by zimmmer.at, or the fact that the delivery or service is altered by the customer or used together with services not provided by zimmmer.at.

4.6    zimmmer.at assumes no warranty or liability for potential protection rights infringements by third-party hardware or software components integrated by the customer. In this case, the customer undertakes to hold zimmmer.at harmless against all third-party claims immediately.

5.    WARRANTY AND LIABILITY

5.1    The warranty period is six months from the handover of the service to be provided by us. This also applies to hidden defects based on assurance of particular properties. This point applies only to Entrepreneur Customers.

5.2    Customers have the burden of proof that a service provided by zimmmer.at was defective at the time of handover; § 924 ABGB is excluded. This point applies only to Entrepreneur Customers.

5.3    Obvious defects must be reported in writing within five working days after delivery, handover, or acceptance for claims to be maintained according to § 377 Abs 2 UGB; concealed defects within five working days after discovery. The customer is obliged to provide zimmmer.at with all necessary documents and information for defect removal. If a defect report was made unjustifiably, zimmmer.at is entitled to demand reimbursement for incurred expenses from the contracting partner. This point applies only to Entrepreneur Customers, but also for the delivery of intangible goods.

5.4    If a defect occurs within the warranty period, zimmmer.at can choose to 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 contracting partner is entitled to reduce the purchase price or withdraw from the contract according to the statutory provisions. This point applies only to Entrepreneur Customers, but also for the delivery of intangible goods.

5.5    In the case of only an insignificant reduction in fitness for contractual use, there are no claims for defects in contractual performance. This point applies only to Entrepreneur Customers, but both in terms of using the App and/or the Platform.

5.6    We generally provide no warranty for defects, errors, disruptions, or damage attributable to improper operation or content generated by our customers. We therefore in particular (without limitation) do not assume liability if a room offered via our platform/App does not correspond to representations/promotions/promises, or should contrary to the information on the platform/App not be available, or accommodation providers (hosts) do not comply with public law regulations (trade regulations, spatial planning laws, etc.) or do not declare and/or pay all taxes and other levies (tourism taxes, municipal tax, etc.).

5.7    Entrepreneur Customers always have the burden of proving zimmmer.at or its agents' fault; § 1298 ABGB is waived in this regard.

5.8    Liability for damages caused by using or not using the provided information, or using incorrect or incomplete information, is excluded unless there is intentional or grossly negligent behavior on the part of zimmmer.at. This point applies to Consumer Customers and Entrepreneur Customers. The limitation of liability does not apply to damages resulting from injury to life, body, or health of persons, and if mandatory statutory provisions or essential contractual obligations contradict this.

5.9    For Entrepreneur Customers, the limitation periods of § 1489 ABGB regarding the use of the platform, website, and/or the App are shortened so that claims for damages against zimmmer.at must be legally asserted within six months of the knowledge of damage and injuring party, but no later than three years from contract conclusion, or they will otherwise expire.

5.10    For Entrepreneur Customers, liability (both regarding the use of the App/Website/Platform, regardless of the legal basis of liability (contract, tort, strict liability, or other legal basis), as far as legally permissible, is limited to the lower of the following two amounts: (a) the actual coverage amount of any liability insurance we may have concluded or (b) the registration fee actually paid by each host in the last contract year. This limitation also applies to damage to an item that we may have taken over for processing. The limitation of liability does not apply to damages resulting from injury to life, body, or health of persons, and if mandatory statutory provisions or essential contractual obligations contradict this.

5.11    For Entrepreneur Customers, liability for production downtime, lost profit, loss of use, contract losses, or any other consequential damage is excluded. In particular (without limitation), we also assume no liability for potential substitute procurement or other consequential damages if a room offered via our platform is – for any reason – actually not available, or other information in a listing is incorrect or incomplete.

5.12    The exclusion of liability also includes claims against our employees as well as our representatives and agents based on damage they cause to the customer without any reference to a contract on their part with the customer.

5.13    If and to the extent that the customer can claim insurance benefits through their own or supplementary insurance to cover damages for which we are liable (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 to the disadvantages that the customer incurs through claiming this insurance (e.g., higher insurance premiums).

5.14    If we provide tools for generating invoices for accommodation providers (hosts), the files generated there are only to be understood as drafts for invoice sending. We do not provide tax advice and cannot verify the invoices' compliance with the applicable VAT regulations. In particular (without limitation), hosts must independently verify if they have to subject their services to VAT (or if potentially exempt regulations, such as the small business regulation, apply), which VAT provisions apply to the specific service (especially national VAT law or internal market regulations), which VAT rate applies or whether reverse charge provisions apply. Any liability on our part for VAT questions or the VAT statement 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.at. We therefore assume no liability for linked content and external offers.

7.    DURATION

7.1    Accommodation providers (hosts) have the right to terminate the contractual relationship at any time with a notice period of one month at the end of the current period (subscription model annually or monthly). Accommodation users can terminate the contractual relationship at any time without giving reasons. We have the right to terminate the contractual relationship with a notice period of one month at the end of the month.

7.2    Furthermore, each contractual party is entitled to immediate termination if there is an important reason. An important reason is, in particular, a violation of the terms of use.

8.    ADJUSTMENT OF THE TERMS OF USE

8.1    We are entitled to adjust and change the terms of use if this is necessary due to new laws, jurisprudence, or technical reasons.

8.2    The changes will be communicated to the customers in the form known at the time of App download (via email or SMS) two weeks in advance. The customer can indicate within two weeks that they do not agree with the changes. If the customer does not use this option, they must expressly agree to the new terms of use when using the App for the first time after the deadline by clicking a button.

9.    FINAL PROVISIONS

9.1    If individual parts of these terms of use are ineffective, it does not affect the validity of the remaining parts. zimmmer.at and Entrepreneur Customers already undertake to find a substitute regulation based on honest contractual parties’ horizon, which comes closest to the economic result of the ineffective condition.

9.2    Changes to the email address must be communicated to the entrepreneur immediately by the customer.

9.3    Austrian law applies, excluding the referral and conflict-of-laws rules of international private law and the UN Sales Convention. For Consumer Customers, this choice of law only applies as long as it does not restrict mandatory legal provisions of the state in which they have their residence 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 an Entrepreneur Customer is the court competent for the Wels district.

10.    ALTERNATIVE DISPUTE RESOLUTION

10.1    The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

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

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