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General Terms And Conditions
Updated: September 2016
1. Validity
1.1. These general terms and conditions (shortened to “GTC” in the following) are valid for all legal relationships between OeAD student housing (OeAD-WohnraumverwaltungsGmbH), FN 173421g, Ebendorferstrasse 7, 1010 Vienna (shortened to “OeAD SH” in the following) and any natural person (called “contractual partner” or “CP” in the following) which concern the facilitation and allocation of living units by OeAD SH or result thereof. In addition to the following GTC, a Residence Contract will be concluded between OeAD SH and the CP.
1.2. The living units are located either in the guest houses operated by OeAD SH itself or in buildings which are managed by suppliers or dorm providers, with which OeAD SH has concluded a contractual agreement about the use of the living units.
1.3. These GTC are valid for contractual relationships which come about based on registrations from 1st September 2016 onwards. For the avoidance of doubt, it is to be noted that contractual relationships which existed before 1st September 2016, as well as contractual relationships which come about based on registrations before 1st September 2016, are subject to the GTC of OeAD SH in the version from March 2014.
1.4. In the following, “duration of use” shall mean the period of time which is set out in the Residence Contract. On the condition that the dorm place is made available by OeAD SH in accordance with item 9 of these GTC, the period of the duration of use shall start even if the dorm resident does not actually move in on the first day of the duration of use. The moment of the conclusion of the contract, the start of the duration of use, and the actual moving in day can therefore differ from each other.
2. Bookings via the platform/conclusion of the contract
2.1. A contractual relationship between OeAD SH and a natural person under the age of 18 can only come about with the express written consent by way of the liability declaration by a legal guardian of the CP.
2.2. On the website oeadstudenthousing.at or housing.oead.at, OeAD SH strives to convey as realistic an image as possible of how the desired living unit will look by the use of sample pictures and descriptions. These are sample photos for the purposes of illustration only. The sample pictures and descriptions are not a legally binding offer.
2.3. For an effective registration for the use of a living unit, the online application form is to be submitted to OeAD SH fully and truthfully filled in, and the necessary documents (e.g. copy of proof of ID) are to be uploaded. The CP is expressly made aware of the GTC of OeAD SH during the booking process and can only undertake a application after expressly consenting to these GTC.
2.4. The CP is to pay a one-off, non-refundable application fee for the processing of their registration by OeAD SH (potential refunds may only occur in accordance with item 2.6.).
2.5. If the living unit requested in the registration is available, the CP will be sent an offer which is legally binding for OeAD SH. In case the requested living unit is not available, the CP will receive a legally binding offer which comes as close as possible to the application.
2.6. If OeAD SH cannot offer a living unit, the CP will receive a refund of the application fee.
2.7. The offer includes these GTC, the Residence Contract, the Residence Statute and House Rules, if these are present in the relevant student dorm, as well as a request to pay the deposit by an appropriate payment deadline set by OeAD SH. Potentially incurred charges resulting from bank transfers are to be covered by the CP.
2.8. In case this first offer is rejected, the CP will receive – at their express request – one further offer at most, if available.
2.9. The contractual relationship comes about through the timely payment of the deposit into the account announced by OeAD SH.
2.10. If the CP does not comply with the request to pay by the payment deadline, OeAD SH is no longer bound to the offer.
3. Duration of use
3.1. The provisions of the Studentenheimgesetz (student dorm law) shall be observed.
3.2. On the request of the CP, the contractual relationship can be limited to a different, specific duration, however, at the very most for a duration of use of 16 consecutive months. As a rule, the minimum duration of use will be one semester.
3.3. For conclusions of contracts before April 15th, the maximum contract duration is limited to August 31st of the current year.
3.4. For conclusions of contracts after April 15th, the maximum contract duration is limited to August 31st of the following year.
4. Charges / prices
4.1. The prices shown on the website oeadstudenthousing.at or housing.oead.at are for guidance only.
4.2. All arising charges, amounts and due dates are shown on the offer and in the Residence Contract. All price indications are given in Euro and include the statutory sales tax in the amount currently applicable for Austria.
4.3. The first monthly accommodation fee and the booking fee are to be paid in advance by the 5th of the first month of the duration of use shown in the Residence Contract.
4.4. The charge for use for all following months is to be paid in advance by the 5th of each month. If the charge for use for the current month is not paid in due time by the 5th of the month, a warning will be issued which specifies a payment deadline. If this deadline is not observed, a second warning will be issued during the current month. The third and final warning will (in the case of non-payment) take place in the following month (after the 5th) and this reminder will include a payment deadline for both charges of use (previous and current month). For these warnings, the CP has to pay fines. If the two outstanding charges for use should not be received in due time, a dissolution of the contract will take place toward the end of the current month (see item 13.2.).
4.5. Charges may be increased by OeAD SH during the contract period in order to compensate for increases in tariffs, taxes and fees which occur in the meantime.
4.6. In the case of a later moving in date or an earlier moving out date, the charge for use is to be paid for the full calendar month.
5. Withdrawal in the case of a contractual relationship formed by long-distance transaction
5.1. In the case of contracts formed by long-distance transaction, the CP has the right to withdraw, in accordance with § 11 Fern- und Auswärtsgeschäftegesetz (FAGG) (long-distance and foreign business law). The CP can withdraw from the contractual relationship within fourteen calendar days without giving reasons.
5.2. The period for withdrawal is fourteen days from the day of the conclusion of the contract. This shall mean the day the deposit reaches the account announced by OeAD SH.
5.3. In order to exercise the right to withdraw, the CP must inform OeAD SH about the decision to withdraw from the contractual relationship by way of an unambiguous declaration (e.g. a letter sent by post, telefax or email). The CP may use the attached withdrawal template, which is, however, not mandatory.
https://oeadstudenthousing.at/Ruecktrittsformular_FAGG.pdf
Withdrawal by post:
OeAD-WohnraumverwaltungsGmbH
Ebendorferstrasse 7, 1010 Wien
Withdrawal via email: housing@oead.at
5.4. In order to comply with the withdrawal period, it will suffice for the CP to send the message regarding the exercising of the right to withdraw before the end of the withdrawal period. When calculating the period, Saturdays, Sundays and bank holidays are to be included.
6. Consequences of a withdrawal in the case of a contractual relationship formed by longdistance transaction (see item 5.)
6.1. If the withdrawal takes place within 14 days of the conclusion of the contract, OeAD SH must refund all payments received from the CP (except the non-refundable application fee) immediately and within at most fourteen days from the day the notification of withdrawal from the contractual relationship was received by OeAD SH. For this repayment, OeAD SH will use the same method of payment which was used by the CP for the original transaction, unless another agreement has expressly been made with the CP; in no case shall any charges be made because of this repayment. Potentially incurred charges resulting from bank transfers are to be covered by the CP.
6.2. If the withdrawal takes place within 14 days after the conclusion of the contract and the CP has already moved into the dorm place within these 14 days, the CP must pay a charge which corresponds to the services received from OeAD SH up until the withdrawal, when compared to the contractually agreed monthly charge for use.
7. Termination before the start of the duration of use
7.1. If written notice of termination of the contractual relationship is given by the CP more than 14 days after conclusion of the contract, but more than 2 months before the start of the duration of use, the CP must pay the booking fee (ex.: Notice of termination given before July 31st, when duration of use starts with October 1st).
7.2. If written notice of termination of the contractual relationship is given by the CP exactly or less than 2 months, but more than 1 month before the start of the duration of use, the CP must pay a booking fee as well as one monthly charge for use (ex.: Notice of termination given between August 1st and August 31st, when duration of use starts with October 1st).
7.3. If written notice of termination of the contractual relationship is given by the CP less than 1 month before the start of the duration of use, the already paid deposit will be retained by OeAD SH (ex.: Notice of termination given after September 1st, when duration of use starts with October 1st).
These notice periods do neither apply to all types of extension of residence contracts nor to joint offers, and also not to residence contracts in the course of a moving offer, since in all these cases the duration of use has already begun (with the initial contract).
8. Non-utilisation of the dorm place
8.1. If the CP is not present on the agreed moving in date and no handover of keys has taken place yet, the first charge for use and the booking fee must be paid by the 5th of the first month of the duration of use set out in the Residence Contract.
8.2. All charges for use that arise up until the actual arrival of the CP must subsequently be paid in advance by the 5th of the month.
8.3. If the payment commitments according to item 8.1. and 8.2. are not observed by the CP, OeAD SH can terminate the contractual relationship by giving one month’s notice. In this case, the already paid deposit and any already paid charges for use will be retained by OeAD SH.
9. Taking over and returning of rooms
9.1. The taking over of rooms and keys and the returning of rooms and keys is only possible on working days within the duration of use set out in the Residence Contract.
9.2. If the start of the duration of use falls on a Saturday, Sunday or a bank holiday, the room and key are handed over on the following working day during the opening hours announced by OeAD SH. If the end of the duration of use falls on a Saturday, Sunday or a bank holiday, the room and key are to be returned on the working day directly preceding this date, during the opening hours announced by OeAD SH. Notwithstanding, the specific regulations or provisions of the Residence Contract shall apply.
9.3. When the process of moving out has taken place according to regulations, the deposit will, after deduction of any outstanding charges, be paid back to the account indicated by the CP within six weeks at the most.
10. Moving to a different living unit
10.1. For moving into a different living unit during the existing contractual relationship between OeAD SH and the CP, a written request to OeAD SH by the CP is required.
10.2. The written request can be made at any time.
10.3. Should the requested living unit be available, the CP will receive an offer which is legally binding for OeAD SH. In cases where the requested living unit is not available, the current contractual relationship will continue.
10.4. The offer includes the new Residence Contract, the GTC, the Residence Statute and House Rules, if these are present in the relevant student dorm, as well as a request to pay the moving fee and to sign the new Residence Contract by an appropriate deadline set by OeAD SH.
10.5. The new contractual relationship comes about through the signing of the new Residence Contract and the payment of the moving fee in the offices of OeAD SH.
10.6. If the CP does not comply with the request by the deadline, OeAD SH is no longer bound to the offer.
10.7. After the valid conclusion of the new contractual relationship, the existing contractual relationship is terminated in mutual agreement, immediately and without observance of the notice period.
11. Renewal of the contractual relationship
11.1. For the renewal of the contractual relationship between OeAD SH and the CP, a written request to OeAD SH by the CP is required.
11.2. The request for renewal of a contractual relationship the duration of which extends beyond August 31st of the current year must be made before April 15th of the current year.
11.3. The request for renewal of a contractual relationship the duration of which does not extend beyond August 31st of the current year can be made at any time.
11.4. If the requested living unit is available, the CP will receive an offer which is legally binding for OeAD SH. If the requested living unit should not be available, the CP will receive an offer which comes as close as possible to the request and is also legally binding.
11.5. The offer includes the new Residence Contract, the GTC, the Residence Statute and the House Rules, if these are present in the relevant student dorm, as well as a request to pay the booking fee by an appropriate payment deadline set by OeAD SH. Potentially incurred charges resulting from bank transfers are to be covered by the CP.
11.6. The new contractual relationship comes about through the timely payment of the deposit into the account announced by OeAD SH.
11.7. If the CP does not comply with the request to pay by the payment deadline, OeAD SH is no longer bound to the offer.
11.8. It is to be noted that the start of the duration of use of the new contractual relationship does not have to continue on directly from the end of the duration of use of the existing contractual relationship.
12. Termination of the contractual relationship by the CP
12.1. The notice periods for the contractual relationship are dependent on the location of the living unit.
12.2. Termination during the academic year: Contractual relationships regarding the use of living units in student dorms in the towns Innsbruck, Klagenfurt, Linz, Salzburg and Vienna can be terminated, in writing, with a termination date at the end of each semester (February 28th or June 30th) by the CP under the following conditions: For a moving out date on February 28th the contractual relationship must be terminated by giving notice by 31st December of the previous year at the latest, and for a moving out date on June 30th the contractual relationship must be terminated by giving notice by April 30th of the same year at the latest. Contractual relationships regarding the use of living units in Graz and Leoben can be terminated before the end of the contract, in writing, for a moving out date on February 14th by giving notice by November 30th of the previous year at the latest, and for a moving out date on June 30th or July 14th by giving notice by April 30th of the same year at the latest.
12.3. Termination during the summer months: Contractual relationships regarding the use of living units in student dorms in the towns Innsbruck, Klagenfurt, Leoben, Linz, Graz and Vienna can be terminated before the end of the contract, in writing, for a moving out date on July 31st by giving notice by May 31st of the same year at the latest, and for a moving out date on August 31st by giving notice by June 30th of the same year at the latest.
12.4. Differing notice periods for termination can be agreed in writing in the Residence Contract.
13. Termination of the contractual relationship by OeAD SH
13.1. The contractual relationship can be terminated before the end of the contract by OeAD SH for the end of the following calendar month if the CP violates their duties arising from the law, these GTC, the Residence Contract, the Residence Statute or the House Rules, grossly or despite written warning and the threat of termination.
13.2. The contractual relationship can also be ended by OeAD SH if the CP is in arrears for two accommodation fees and has received three requests for payment (see item 4.4.).
13.3. The contractual relationship can be terminated before the end of the contract by OeAD SH with immediate effect if the CP has been guilty of a prosecutable action to the disadvantage of dorm residents or OeAD SH (or the respective dorm provider) or its employees, or if the CP poses an imminent danger for the dorm, other persons living in the dorm or the employees of OeAD SH (or the respective dorm provider).
13.4. In the case of termination of the contract in accordance with items 13.1-13.3 the dorm resident must make good any damages incurred by OeAD SH due to the premature termination of the Contract of Use. In particular, the dorm resident is to reimburse OeAD SH for the charge for use lost due to the termination of the contract.
14. Legal succesion
14.1. The contractual relationship exclusively entitles the CP indicated in the Residence Contract. The transferral of rights and duties of the contractual relationship by the CP to third parties is only allowed where OeAD SH has given its express written permission in advance.
14.2. The existing contractual relationship will only be terminated in mutual agreement without observance of notice periods if the contractual relationship with the legal successor has come about through the receipt of the deposit and the withdrawal period of 14 days has passed.
15. Differing regulations for scholarship holders of the OeAD-GmbH
15.1. Scholarship holders of the OeAD-GmbH who have (in the course of the acceptance of their scholarship) indicated to the OeAD-GmbH that they are interested in booking a living unit of OeAD SH, will receive an email with a link to the online application from OeAD SH.
15.2. For an effective registration for the use of a living unit, the online application form is to be submitted to OeAD SH fully and truthfully filled in, and the necessary documents (e.g. copy of proof of ID) are to be uploaded. The scholarship holder is expressly made aware of the concrete GTC of OeAD SH and can only send the application after expressly consenting to these GTC.
15.3. If the living unit requested in the application is available, the scholarship holder will receive an offer which is legally binding for OeAD SH. If the requested living unit should not be available, the scholarship holder will receive an offer which comes as close as possible to the request. The offer includes these GTC, the Residence Contract, the Residence Statute and the House Rules, if these are present in the relevant student dorm.
15.4. In case this first offer is rejected, the scholarship holder will receive – at their express request – one further offer at most, if available.
15.5. The contractual relationship comes about through the transmission of the signed, scanned Residence Contract via email or online platform by the scholarship holder.
15.6. On the moving in day or immediately thereafter, the scholarship holders whose contractual relationship is concluded for a duration of use of more than a month are to pay the deposit.
15.7. Scholarship holders do not have to pay a booking fee or a registration fee.
15.8. The monthly accommodation fee and the monthly administration fee will be deducted from the monthly scholarship rate paid to the scholarship holder via the OeAD-GmbH after the arrival of the scholarship holder in Austria. The scholarship holder will be informed of any differing payment terms in writing.
15.9. If written notice of termination of the contractual relationship is given by the scholarship holder more than 14 days after the conclusion of the contract but more than 2 months before the start of the duration of use, the scholarship holder is free of the obligation to pay fees (ex.: Notice of termination given before July 31st, when duration of use starts with October 1st).
15.10.If written notice of termination of the contractual relationship is given by the scholarship holder less than 2 months before the start of the duration of use, the scholarship holder is to pay one monthly charge for use plus one monthly administration contribution (ex.: Notice of termination given after August 1st, when duration of use starts with October 1st).
15.11.If written notice of termination of the contractual relationship is given by the scholarship holder more than 14 days before the start of the duration of use and the reason for termination is an unforeseen problem concerning the entrance visa which can be proven not to be the fault of the scholarship holder, no costs for the scholarship holder will arise from the contractual relationship.
15.12.If the scholarship holder does not arrive in time for the agreed start of the duration of use and the handover of keys has not yet taken place, the scholarship holder is obliged to pay the first monthly accommodation fee and the first monthly administration fee in advance by the 5th of the first month of the duration of use set out in the Residence Contract. All charges arising up until the actual arrival of the scholarship holders as well as administration fees must subsequently be paid in advance by the 5th of the month. If the payment commitments are not observed by the scholarship holder, OeAD SH can terminate the contractual relationship with one month’s notice. Any already paid accommodation and administration fees will be retained in this case.
15.13.A termination of the contract toward the end of each month after the start of the duration of use is possible for the resident at any time during the year, provided that a two-month notice period is observed.
16. Data protection and data processing
16.1. Changes of personal details (e.g. postal address) are to be announced by the CP without delay.
16.2. The CP acknowledges that the disclosed personal data will be digitally saved and processed by OeAD SH within the limits of statutory authorisation, for the purposes and for the duration of the processing of contracts, and thus for the processing of orders, the processing of payments and for the clarification of questions in the context of the request, as well as for the fulfilment of legal provisions. This data will, if it is necessary for the fulfilment of the contract, be passed on to the OeAD-GmbH, to the registration office of municipal district office, to the responsible dorm provider, to the university and to the provider of communication services in the student dorm
17. Liability
The liability of OeAD SH is limited to cases of malice and gross negligence. Any liability for damages caused by slight negligence – excepting cases of personal injury – is, however, excluded.
18. Changes to the general terms and conditions
OeAD SH reserves the right to change the GTC, as well as the documents referred to in the GTC, at any time. Changes to these general terms and conditions must take place in written form in order to be valid. The CP will be made aware of changes to the GTC separately. The changes come into effect if the CP does not object in written form within two months of the announcement of changes. OeAD SH will make the CP aware of the impact of their silence as part of the notification of changes. In the case of an objection, the old GTC will remain valid until the end of the concluded contractual relationship. If a new contract is concluded, the version of the GTC valid at the time of the conclusion of the new contract will apply.
19. Choice of law
Except in cases of compelling provisions for the protection of the consumer, Austrian law will be agreed upon for all disputes between the contracting parties to the exclusion of private international law.
20. Place of jurisdiction
Except in cases of compelling provisions for the protection of the consumer, the place of jurisdiction will be agreed upon exclusively as the court locally and objectively responsible for Vienna’s Innere Stadt district.
21. Written form
21.1. For the purposes of evidence, it is recommended that the CP submits any messages or declarations to OeAD SH in writing.
21.2. Any messages or declarations to OeAD SH are – until recalled and unless otherwise agreed – to be sent to:
OeAD-WohnraumverwaltungsGmbH
Ebendorferstrasse 7, 1010 Vienna
Email: housing@oead.at
21.3. OeAD SH can also send legally significant messages to the CP via email to the email address made available at the time of the conclusion of contract or an email address announced to OeAD SH by the CP.
22. Safeguarding clause
Should a provision of these general terms and conditions be invalid or become invalid through new legal provisions, all other provisions which are not affected by this will stay valid and unchanged. The parties commit to replacing the invalid provision by a valid provision of contents that will come closest in terms of economy to the invalid provision
23. Alternative conflict resolution
The European Commission has made a platform available for out-of-court conflict resolution. This gives consumers the option to solve conflicts concerning contracts about commodities or services without consulting a court. The conflict resolution platform is accessible via the link http://ec.europa.eu/consumers/odr/. We would like to make you aware that we are neither legally nor voluntarily subject to an alternative conflict resolution procedure or will participate in it.
24. Authoritative version
In the case of contradictions between the German and a foreign-language version of these provisions, the German version will be authoritative.