General Terms and Conditions of myNests GmbH (FN 630098s) for the short-term rental of vacation apartments
Version V03 from 14.03.2025
1.) General and Scope of application
The following General Terms and Conditions govern the mutual relationship between the client and myNests GmbH, Kunagrünbergstraße 137, 8965 Michaelerberg-Pruggern, Austria, registered in the commercial register of the Leoben Regional Court under FN 630098s (hereinafter referred to as “myNests” or “landlord”) and deal with the rental of vacation accommodation for lodging as well as all other services provided by the landlord for the guest.
These General Terms and Conditions apply exclusively to the short-term rental of vacation apartments owned by myNests to constantly changing guests. The version valid at the time the contract is concluded shall apply.
The General Terms and Conditions for the short-term rental of vacation apartments to guests, which have been demonstrably brought to the attention of the client and/or the guests, shall also apply to all future similar transactions between the contracting parties, even if these General Terms and Conditions are not expressly designated as an integral part of the contract in individual cases.
2.) Offers and Conclusion of contract
Offers for rentals are subject to change and non-binding; this applies both to the online offer on the website (www.mynests.at) and to personalized offers issued by myNests. A guarantee for the correctness is expressly not assumed. Unless otherwise stated, myNests remains bound by the conditions of a personalized offer issued as binding for 14 (fourteen) days, calculated from the date of issue of the offer.
The scope of services of a specific order placed with myNests (i.e. a booking) is contractually agreed to be the short-term rental of vacation apartments, any allocated parking and storage spaces, parking and storage spaces for vehicles (hereinafter collectively referred to as “rental object”), including the furnishings and household effects contained therein, as well as ancillary services provided in this context. The contract is concluded by the written offer of the client (order placement) and the booking confirmation from myNests as acceptance of this offer. With the booking, the general terms and conditions valid at that time and any house rules are accepted.
The guest is obliged to pay the landlord’s applicable prices for the provision of the vacation accommodation and the other services used by him.
For bookings via external booking platforms (such as Booking.com, Airbnb, the Schladming-Dachstein Tourism Association, etc.), the terms and conditions of the respective platform apply in addition to our terms and conditions.
3.) Payment
Depending on the booking channel, the following conditions apply to the payment:
- Booking via the myNests website (mynests.at): A first payment of 40% of the room price (excluding local tax, final cleaning and other extras) is due immediately upon completion of the booking. The guest pays this deposit directly when booking in the booking portal. As part of the online check-in (from 7 days before arrival), the guest links their booking to a means of payment (credit card) from which the remaining amount is to be paid. myNests debits the remaining amount from the specified means of payment shortly before arrival.
- Booking of a personalized offer (“e-mail booking”): Immediately after acceptance of the offer and receipt of the booking confirmation, a first payment of 40% of the room price (excluding local tax, final cleaning and other extras) is due. In the booking portal, the guest links their booking to a means of payment (credit card) from which the deposit amount is to be debited. Subsequently, myNests will also debit the remaining payment from the specified payment method shortly before arrival.
- Booking via the external booking platform “Booking.com”: Unless otherwise stated in the booking process on Booking.com, the booking price on Booking.com includes the room price and final cleaning, but excludes local tax and the guest’s payment is made directly to Booking.com. To pay the local tax, the guest links their booking to a means of payment (credit card) during online check-in (from 7 days before arrival), from which the local tax is to be paid. Subsequently, myNests will debit the local tax from the specified means of payment shortly before arrival.
- Booking via the external booking platform “Airbnb”: Unless otherwise stated in the booking process on Airbnb, the booking price on Airbnb includes the room price, final cleaning and local tax and the guest’s payment is made directly to Airbnb.
- Booking via the “Schladming-Dachstein” Tourist Office: Unless otherwise stated in the booking process on the website of the “Schladming-Dachstein” Tourist Office, the booking price on this website includes the room price, final cleaning and local tax. A first payment of 20% of the room price (excluding local tax, final cleaning and other extras) is due immediately upon booking. The Tourist Office “Schladming-Dachstein” is responsible for collecting this first payment. As part of the online check-in (from 7 days before arrival), the guest links their booking to a means of payment (credit card) from which the remaining amount is to be paid. myNests will debit the remaining amount from the specified means of payment shortly before arrival.
In the event of non-payment of the remaining amount (usually 2-7 days before arrival) – for example due to lack of funds in the specified means of payment or because the guest has failed to provide myNests with a means of payment by then – myNests will immediately send a written reminder of the default in payment. If the client has not settled the payment arrears by the day of arrival, myNests is entitled to withdraw from the contract. In this case, cancellation fees will be charged in the amount that would have been charged if the client had canceled the booking on the day of arrival.
When booking via an external booking platform (e.g. Booking.com or Airbnb), the payment conditions stated on these platforms apply (additionally).
4.) Contractual performance and withdrawal
If myNests is unable to provide the agreed contractual service due to force majeure, incorrect or late completion of a contractual service by a third party or other events that cannot be avoided by myNests (e.g. strike, official order), myNests is not responsible for this. myNests must, however, inform the client of this immediately. In this case, myNests is entitled to withdraw from the contract, which must be declared in writing (e.g. letter, e-mail) and only obliges the client to return any payments received without interest.
The client is also entitled to withdraw from the contract as a result of force majeure or other events that cannot be prevented by the client (e.g. road closure due to avalanche danger). However, the client must inform myNests immediately in writing (e.g. by e-mail). In this case, the client is entitled to reclaim any payments made without interest.
For bookings made via external booking platforms (Booking.com, Airbnb, etc.), the cancellation conditions specified there apply.
For bookings made directly with myNests (in particular bookings made via the website www.mynests.at and e-mail bookings), the following cancellation conditions apply: If the client withdraws from the contract for reasons other than those stated above, they must notify myNests of this in writing (e.g. e-mail) and as early as possible. If the booked stay is canceled, the following cancellation fees apply:
- Cancellation is free of charge for the client up to 3 months before arrival. First payments already paid will be refunded by myNests to the client as part of the cancellation.
- Cancellations between 3 months and 1 month prior to arrival are subject to a cancellation fee of 40% of the room price (excluding final cleaning, local tax or other extras).
- If canceled between 1 month and 7 calendar days prior to arrival, a cancellation fee of 70% of the room price (excluding final cleaning, local tax or other extras) will be charged.
- Cancellations between 6 calendar days prior to arrival and the day of arrival are subject to a cancellation fee of 90% of the room price (excluding final cleaning, local tax or other extras).
- In the event of an unannounced no-show, the cancellation fee is 100 (one hundred) percent of the invoice amount.
We recommend that you arrange a travel cancellation insurance.
The client’s declaration of withdrawal must be sent to: myNests GmbH, Kunagrünbergstraße 137, 8965 Michaelerberg-Pruggern, Austria or e-mail: office@mynests.at
5.) Note on the law on distance and off-premises transactions
Even if the client is a consumer within the meaning of Section 1 KSchG and has concluded his contractual declaration using one or more means of distance communication exclusively, there is an exception to the right of withdrawal in this respect in accordance with Section 18 (1) Z10 FAGG.
6.) Electronic invoicing
myNests is also entitled to send invoices to the client in electronic form. The client expressly agrees to the sending of invoices in electronic form by myNests.
7.) Arrival & stay
The place of performance of the contractual service is the rental property rented by myNests, unless expressly agreed otherwise between the contracting parties. The check-in time begins at 4 p.m. on the agreed arrival day and ends at 10 a.m. on the agreed departure day, unless expressly agreed otherwise between the contracting parties.
The vacation accommodation including inventory and the facilities belonging to the house are to be treated with care by the guest. The guest is responsible for cleaning the vacation accommodation during the rental period. The guest must also ensure that the windows are closed, the lights are switched off and the radiators are turned down when leaving the accommodation.
The valid version of the house rules must be demonstrably brought to the attention of the client or the guests at the latest on the day of arrival by being displayed in the vacation accommodation or handed over. They form an integral part of the contract concluded.
The client and the guests are not permitted to make the rental property or parts thereof available to other persons who are not registered in the guest survey form, either for a fee or free of charge, or to pass it on in any other way.
Bringing and keeping pets is only permitted in selected vacation accommodations that are marked accordingly on the booking platforms and in the offers. myNests may charge a special fee for the accommodation of pets.
Any breach by the client or guests of the provisions set out in this paragraph shall entitle myNests to terminate the contractual relationship prematurely with immediate effect and to assert statutory claims, in particular for damages. There is no legal entitlement to a pro rata refund or compensation.
Smoking is strictly prohibited in all myNests vacation accommodations. In the event of a violation, myNests reserves the right to charge an additional cleaning fee of 150 (one hundred and fifty) euros to restore the accommodation to a smoke-free condition.
8.) Liability and compensation
myNests is only liable to the client or guests for damages – with the exception of personal injury – in the event of gross negligence (intent or gross negligence). myNests is also not liable for the loss of items or valuables brought in, for lost profits, for indirect damages and/or consequential damages. This also applies mutatis mutandis to damages attributable to third parties.
Claims for damages by the client can only be asserted in court within 3 (three) years of knowledge of the damage and the damaging party.
Arrival and departure are the responsibility and liability of the guest. In addition, a fee of 150 (one hundred and fifty) euros per key shall be payable if the keys to the vacation accommodation are lost.
The client and the guests are liable to myNests for damage to the rented property, the furnishings and household effects as a result of intentional or grossly negligent damage, exceptional soiling due to non-careful handling and the loss of items owned by myNests for which they are responsible. In such cases, myNests’ claims for damages shall be limited, at its discretion, to the reasonable costs of complete repair or cleaning or equivalent replacement.
As part of the online check-in process, the guest is asked to link their credit card to the booking so that (depending on the booking channel) any remaining payments can be settled with it. In addition, the linked means of payment serves as security for myNests in the event that the guest handles the vacation home improperly and causes damage. myNests does not collect a deposit from the guest as security, as is usually the case when renting vacation properties. If a guest does not wish to link their credit card to the booking, they can inform myNests guest services. In this case, myNests will work with the guest to determine an alternative payment method (e.g. bank transfer) for the remaining balance. In this case, myNests is also entitled to collect a deposit for the duration of the stay by bank transfer, which will be refunded immediately after the guest’s departure.
9.) Data protection
myNests is entitled to process the personal data entrusted to it within the scope of the purpose of the contractual relationship.
10.) Written form
Amendments and supplements to these General Terms and Conditions must be made in writing. This also applies to the amendment of this written form clause. Furthermore, no verbal agreements have been made.
11.) Final provisions
The contracting parties confirm that they have provided all information necessary for the business relationship conscientiously and truthfully and undertake to notify each other immediately of any changes.
myNests reserves the right to amend these General Terms and Conditions. Amendments to the contract and/or these General Terms and Conditions for the short-term rental of vacation apartments must be made in writing, as must any waiver of this formal requirement. Amendments shall be notified in writing by myNests to the client and any guests and shall be deemed approved by the client without written objection within 30 (thirty) days. Verbal collateral agreements do not exist.
Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.
A contract and all legal relationships between the client and myNests shall be governed by Austrian substantive law, excluding the conflict of law rules of private international law. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the applicable substantive law shall be governed by the statutory provisions.
In the event of inconsistencies between the original German document “Allgemeine Geschäftsbedingungen für die Kurzzeitvermietung von Ferienwohnungen” and this translated document, both parties agree to apply a provision that comes closest to the meaning of the respective provision in the original language.
The place of jurisdiction shall be governed by the mandatory statutory provisions. Insofar as such provisions do not apply, 8965 Michaelerberg-Pruggern in Austria shall be the exclusive place of jurisdiction in connection with all proceedings and disputes arising directly or indirectly from a contract – including those concerning its existence or non-existence. myNests is, however, expressly authorized to assert its rights against the client before the competent court at the client’s place of residence/registered office or any other competent court.