Terms and Conditions (T&C)
for the rental of vacation apartments at Landhaus Apartments Prägant
Table of Contents
§1 Scope & Contracting Parties
§2 Conclusion of the Contract and Down Payment
§3 Prices and Payment Terms
§3a Local Tax / Tourism Tax
§4 Check-in and Check-out, Use of the Vacation Rental
§5 Cancellation and Withdrawal
§6 Obligations of the Tenant
§7 Early Termination of the Contract by the Landlord
§8 Pets
§9 Use of the Wellness Area
§10 Internet & Wi-Fi Use
§11 Loss of Keys
§12 Video Surveillance and Parking Spaces
§13 Liability
§14 Data Protection
§15 Final Provisions
§16 Online Dispute Resolution
§17 Contract Language
§1 Scope & Contracting Parties
These General Terms and Conditions ("GTC") apply to all contracts for the rental of holiday apartments concluded between Heimo Prägant KG (the "Landlord") and the guest ("Tenant"). This is the rental of holiday apartments, not hotel services. Deviating agreements or special arrangements that do not correspond to the character of a holiday apartment are only valid if agreed in writing.
For the purposes of these GTC, "in writing" also includes transmission by e-mail.
§2 Conclusion of the Contract and Down Payment
The rental agreement between Landlord and Tenant is concluded upon written booking confirmation; the booking confirmation simultaneously constitutes the rental agreement for the purposes of these GTC. Upon receipt of the booking confirmation, a deposit of 30% of the rental price is due within 7 days. The remaining balance is payable on arrival in cash or by credit card (MasterCard, Visa) or debit card. If the deposit is not paid on time, the Landlord reserves the right to cancel the booking.
§3 Prices and Payment Terms
The agreed rental price includes use of the apartment and the agreed ancillary services (e.g. final cleaning, bed linen, towels, WiFi, parking, use of the wellness area as described). All prices include statutory VAT unless stated otherwise.
The price displayed on the website or booking system at the time of booking applies. If a displayed price obviously and recognisably deviates from the price shown for comparable apartments and periods, or from the usual seasonal price (e.g. by a multiple of the normal price, due to a typing or technical input error), this constitutes a declaration error recognisable to the guest. In this case the Landlord is entitled, pursuant to §871 of the Austrian Civil Code (ABGB), to contest the contract and either demand payment of the correct, market-standard price or withdraw from the contract; this does not apply to ordinary calculation or motive errors on the Landlord's part that were not recognisable to the guest. The Landlord will inform the guest without delay, and in any case before the guest has made arrangements in reliance on the booking. If the Landlord demands payment of the corrected price, the guest is in turn entitled to withdraw from the contract free of charge: the guest may withdraw within 7 days of notification without giving reasons; any payments already made will be fully refunded.
Returning guests who have stayed with the Landlord at least five times within the last ten years receive a 5% loyalty discount on the applicable price — only for direct bookings with the Landlord, and not combinable with other promotions or discounts.
§3a Local Tax / Tourism Tax
In addition to the rental price, the applicable local tax (tourism levy) under the Carinthian Tourism Act must be paid. It is calculated per person and night and is not included in the apartment price. Children and young people up to the statutory age limit are exempt. The rate may change due to legal amendments or municipal resolutions; the rate applicable on the travel date is decisive. The Landlord is obliged to collect this levy on behalf of the municipality and remit it to the Municipality of Bad Kleinkirchheim.
§4 Arrival and Departure, Use of the Vacation Rental
The apartment is available from 3:00 p.m. on the day of arrival and must be vacated by 9:00 a.m. at the latest on the day of departure; the earlier check-out time compared to hotels reflects the greater preparation effort required for self-catering apartments between guests. In case of late departure, an additional day's rent may be charged, unless the Tenant proves that the actual cost incurred was lower. Keys will only be handed over on arrival against full payment of the remaining balance under §2. The apartment may only be used by the number of persons stated in the rental agreement.
If the booked apartment is not available on the day of arrival for reasons not attributable to the Landlord (e.g. technical defect, delayed vacation by the previous guest), the Landlord is entitled to offer the guest an equivalent alternative apartment. If no equivalent alternative is available or reasonable for the guest, the guest may withdraw from the contract free of charge; any payments already made will be fully refunded.
§5 Cancellation and Withdrawal
As this is a hospitality service with a fixed date, there is no statutory right of withdrawal for distance contracts (online bookings) pursuant to §18(1)(9) of the Austrian Distance and Off-Premises Contracts Act (FAGG). Only the cancellation terms below apply.
Cancellations must be made in writing (e-mail is sufficient).
For direct bookings with the Landlord: cancellations up to 30 days before the agreed arrival date will be fully refunded (deposit). Cancellations within 30 days of arrival require payment of the full agreed rental price including final cleaning; any local tax already paid but not used will be refunded. This applies accordingly to early departure, for the nights no longer used.
The Tenant has the right to prove that the Landlord suffered no loss, or a substantially lower loss, as a result of the cancellation or early departure — in particular because the apartment could be re-let, or expenses were saved; in this case, the amount retained will be reduced accordingly.
The Landlord recommends that the Tenant take out travel cancellation insurance; the Landlord will provide a corresponding booking link upon request.
For bookings via third-party platforms (e.g. seeundberg.at, Booking.com, Airbnb), the terms stated there apply and take precedence over these GTC.
The Landlord is entitled to terminate the contract in the event of force majeure (e.g. natural disasters, official closures, pandemics) or for other important reasons. In this case the Tenant has no claim to damages, but payments already made will be refunded.
§6 Obligations of the Tenant
The Tenant undertakes to treat the apartment and all its contents with care. Damage must be reported to the Landlord without delay.
Use of the apartment for parties, events, or commercial purposes is not permitted without the Landlord's prior written consent. Third parties may only enter the apartment with the Landlord's prior consent. Smoking is strictly prohibited in all apartments; violations will incur a special cleaning fee. Noise disturbance must be avoided, particularly between 10:00 p.m. and 7:00 a.m. Waste must be properly separated and disposed of in the designated containers. In case of key loss, the Tenant is liable for the costs of replacement or lock replacement pursuant to §11.
§7 Early Termination of the Contract by the Landlord
The Landlord is entitled to terminate the rental agreement without notice if the Tenant or fellow travellers significantly disturb the peace of the house, behave grossly inappropriately towards other guests or neighbours, violate the house rules, or use the apartment for purposes other than intended.
In the event of termination without notice, there is no entitlement to reimbursement of the rental price for nights already used. §5 (including the Tenant's right of proof) applies accordingly to nights within the booked period not yet used. Independent of this, the Landlord remains entitled to separately claim compensation for actual property damage to the apartment/contents and any resulting additional cleaning effort.
§8 Animal Husbandry
Keeping animals (in particular pets) is not permitted in any of the apartments. This prohibition serves hygiene, cleanliness, and consideration for other guests. In case of violation, the Landlord may terminate the contract without notice and demand special cleaning costs or damages.
§9 Use of the Wellness Area
The wellness area (sauna, sanarium, steam bath, etc.) may be used by adults and by young people aged 14 and over accompanied by an adult. Persons with health conditions (e.g. cardiovascular disease) are required to assess use at their own responsibility and to seek medical advice in advance if in doubt.
The Landlord is not liable for damage resulting from improper use by the guest themselves or failure to observe the usage instructions. Otherwise, the liability standard set out in §13 applies to the Landlord's liability.
§10 Internet and Wi-Fi Use
Free WiFi is available to the Tenant during the stay. Access credentials will be provided on arrival. The Tenant undertakes not to use the internet access for unlawful purposes (e.g. copyright infringement, illegal downloads, accessing content harmful to minors).
As the property is located in a rural area, internet speed may vary. The Landlord gives no guarantee of continuous availability or speed of the internet access. In the event of technical faults or maintenance work, internet access may be temporarily restricted or deactivated without giving rise to any claims.
§11 Loss of Keys
In the event of key loss, a flat fee of €50.00 will be charged to cover replacement/reprogramming costs. If replacement of the lock system is required for security reasons, the actual costs incurred will be charged. The Tenant may prove that the actual loss was lower. Loss must be reported without delay.
§12 Video Surveillance and Parking Spaces
A free parking space is available to the Tenant during the stay. There is no entitlement to a specific parking spot.
The parking area and certain areas (e.g. ski and bike storage rooms) are monitored by video surveillance for security purposes. This serves exclusively to protect property (theft/vandalism prevention) and is based on legitimate interest pursuant to Art. 6(1)(f) GDPR. Recordings are automatically deleted after 72 hours at the latest, unless required to investigate a specific incident. Access is restricted exclusively to the property owner. The monitored areas are marked with signage. Further information pursuant to Art. 13 GDPR can be found in our privacy policy.
Parking of vehicles and other items is at the owner's own risk. The Landlord is only liable in cases of intent or gross negligence.
§13 Liability
The Landlord is only liable for damage caused by intent or gross negligence. For valuables, cash, or electronic devices, the Landlord is only liable within the scope of the preceding sentence (intent/gross negligence); otherwise, guests are advised not to leave valuables unattended in the apartment. All liability is excluded for force majeure (e.g. power outages, natural events, technical faults, official measures).
§14 Data Protection
The Landlord processes personal data (e.g. name, address, e-mail, payment details) exclusively for contract processing in accordance with the GDPR and the Austrian Data Protection Act (DSG). Data will only be disclosed to third parties where necessary to fulfil statutory obligations (e.g. guest registration) or for payment processing. Detailed information can be found in the privacy policy on our website.
§15 Final Provisions
Austrian law applies.
The statutory rules on jurisdiction apply to disputes arising from this contract, in particular the mandatory venue of the location of the property for tenancy disputes (§83 in conjunction with §49(2)(5) of the Austrian Jurisdiction Act, JN) as well as the consumer protection provisions of §14 of the Austrian Consumer Protection Act (KSchG).
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
Amendments and additions require written form; this requirement is also satisfied by e-mail.
§16 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr. The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§17 Language of the Contract
These GTC are also available in an English translation. In the event of any discrepancy between the German and English versions, the German version shall prevail exclusively.
Heimo Prägant KG
Landhaus Apartments Prägant
Kirchheimer Weg 8, 9546 Bad Kleinkirchheim
Phone: +43 (0)4240 8128
Email: [email protected]
Website: www.praegant.net
As of August 2026
