Terms of use

Last updated: September 09, 2024
General Terms and Conditions for the use of the apartment.at website

I. General, scope of application
By accessing the website www.apartment.at (hereinafter referred to as the “Site”), the user (hereinafter referred to as the “User”) agrees to the following terms and conditions of business and use (hereinafter referred to as the “Terms and Conditions”).
The User may not use the Site if he/she does not agree with these Terms.
The Terms and Conditions of ims media gmbh (as operator of the apartment.at platform, hereinafter referred to as “apartment.at”) apply exclusively. Conflicting or deviating terms and conditions of the user shall not be recognized unless apartment.at has expressly agreed to their validity in writing. The General Terms and Conditions of apartment.at shall also apply if apartment.at performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the user. This also applies to future transactions with the user.

II. apartment.at is an intermediary
apartment.at is an online marketplace on which accommodation is offered to users by landlords or other providers (hereinafter referred to as “landlords”). apartment.at is not liable for the accuracy of the property descriptions as these are provided by the landlords.
All contractual agreements are made directly between the user and the landlord. Unless otherwise agreed, the general terms and conditions of the landlord apply to payment terms, withdrawal, rebookings and cancelations.
The task of apartment.at is merely to mediate contacts between landlords and users. apartment.at is not a party to the contract. This also applies if the booking confirmation or other documents are transmitted via the website or if the user makes his payment to the landlord via the website.

III. Conclusion of contract
Online booking: apartment.at offers accommodation via the online booking system on behalf of the landlords. Each booking is automatically forwarded to the landlord and is binding for both user and landlord. After completing the booking, the user automatically receives a booking confirmation by e-mail.

IV. Costs
apartment.at may charge fees for its services, in particular for the procurement of accommodation, user support and the operation of the platform. These will be announced at the beginning of the booking process and will be charged, for example, as an agency fee upon successful booking. The fees are non-refundable in the event of cancelations caused by the user.

V. Data protection
apartment.at treats the data required for establishing contact between the user and the landlord as strictly confidential. No liability is assumed if data falls into unauthorized hands, unless this results from gross negligence or intent on the part of apartment.at.
apartment.at is not liable for color deviations in photographs or the confidentiality of transmissions to or from the site. The user therefore accepts limited confidentiality protection.

VI. Permitted use
Use of the site is intended exclusively for searching for accommodation. Any other use, such as inclusion in a database, downloading of content or use of data collection tools, is prohibited without prior permission. Any use of the site other than for personal interests is not permitted without the written consent of ims media gmbh.
apartment.at will pursue unauthorized use and, if necessary, demand compensation.

VII. Liability for damages
Liable for damages is:
- Any copying of the content for personal, reproduction or publication purposes.
- Sale, transfer or paid access to parts or contents of the site.
- Use of the site for purposes other than those described, in particular for the competitive scouting of accommodation.
- Misuse of the site for non-serious reservations or other damages.
- Unauthorized, unlawful or criminal acts in connection with the site.
- Impairment of the operational security of the site or infringement of third-party copyrights.
- Changes to or impairment of the site content.

VIII. Exclusion of liability
apartment.at is not liable for the information on the website. Users have no unrestricted right of access and no claim to the permanent availability of the desired accommodation.
apartment.at does not guarantee the constant availability of the site and is not liable for loss of use or resulting damages such as subletting the desired accommodation.
Links to and from third party sites do not imply any endorsement of these sites or their content.

IX. Exclusion of use
apartment.at reserves the right to exclude individual users or certain uses of the site.

X. Special provisions for registered users
Registration at apartment.at is subject to the following conditions:
- Users must treat user names and passwords confidentially and report misuse.
- Participants in forums and comments must behave respectfully, post lawful content and refrain from advertising. They are responsible for posted content and indemnify apartment.at against claims by third parties.
Violations can lead to temporary or permanent exclusion.
The entry of personal or business data is voluntary. Personal data is information that identifies a person.
Data such as IP address, date, time and pages viewed are stored on the server. They are used to the extent necessary for technical administration and customer support.
Data transfers to service providers are subject to statutory data protection regulations. Data is only collected from state institutions in accordance with the law.
The user agrees to the described data collection.

XI. Contents
Providers of third-party sites that are referred to by links from apartment.at are responsible for their content. apartment.at assumes no liability for third-party content if its use cannot be prevented and there is no knowledge of illegal content.

XII. Search results and ranking
Vacation accommodation can be searched for on apartment.at. Results are presented according to relevance, including “top recommendations” based on quality factors. Ranking factors include availability, reviews, pricing and other characteristics of the accommodation. The ranking can be influenced by the contractual relationship between apartment.at and the provider.

XIII. Accommodation providers
apartment.at only arranges vacation rentals and is not the provider. Landlords can be commercial or private. The type of provider and EU consumer rights do not affect the property price or the agency service.

XIV. Final provisions
These terms and conditions and all legal relationships shall be governed exclusively by Austrian law.
If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of ims media gmbh.
The invalidity of individual provisions shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by effective ones that come as close as possible. The invalidity of the brokered travel contract shall not affect the brokerage contract.

The data privacy statement you can read here: https://www.my-bookings.org/datenschutzerklaerung/