General Terms and Conditions (GTC)
of Staylia GmbH for the Rental of Vacation Apartments
Revised Version — Effective July 2, 2026
Contracting Parties: Staylia GmbH
Address: Berghamerstraße 30, 4072 Alkoven, Austria
Commercial Register: FN 675179k, Wels Regional Court
VAT ID: ATU83142323
Managing Director: Katja Schmidt
Contact: office@staylia.at · +43 664 14 56 51
§ 1 Scope of Application, Contracting Parties
These General Terms and Conditions apply to all bookings of vacation rentals and other lodging services made through the Staylia GmbH website, through the direct booking platform integrated therein, through Smoobu, or through other direct booking channels of Staylia GmbH.
The guest's sole contracting party is Staylia GmbH, Berghamerstraße 30, 4072 Alkoven, Austria, Commercial Register No. FN 675179k, Wels Regional Court, VAT ID No. ATU83142323 (hereinafter referred to as the "Landlord"). The person making the booking is hereinafter referred to as the "Guest."
The lodging contract is concluded directly between the Guest and the Landlord. Any deviating, conflicting, or supplementary terms and conditions provided by the Guest shall not become part of this contract unless the Landlord expressly agrees to their validity in writing.
§ 2 Conclusion of the Contract
The presentation of the vacation apartments on the website or on the direct booking platform does not constitute a binding offer by the Landlord, but rather an invitation to the Guest to submit a booking offer.
Upon completion of the booking process and by clicking the "Book with Payment" button or an equivalent, unambiguous button, the guest submits a binding offer to enter into an accommodation contract.
The contract is concluded as soon as the landlord expressly confirms the booking via email. An automatically generated acknowledgment of receipt, system message, or payment information does not in and of itself constitute acceptance of the contract, unless it is expressly designated as a booking confirmation or its content clearly indicates acceptance of the booking. The landlord will confirm or reject booking requests, generally within 48 hours.
The guest is obligated to provide complete and truthful information at the time of booking and must immediately notify the landlord of any changes to contact information, the number of guests arriving, or other information relevant to the booking.
§ 3 Services, Prices, and Fees
The services to be provided by the landlord are set forth in the property-specific description, the booking process, the booking confirmation, and these General Terms and Conditions.
The prices stated at the time of booking are binding and are quoted in euros, including applicable sales tax, if any.
Unless otherwise stated, the accommodation fee specifically includes the use of the booked accommodation, bed linens, electricity, heating, and internet access (Wi-Fi).
Additional services, taxes, or fees not included in the accommodation fee (e.g., local tax, visitor's tax, final cleaning, additional cleaning, extra guests, pet fees) will be listed separately and itemized by amount during the booking process, in the booking confirmation, or on the invoice.
§ 4 Terms of Payment
The payment terms—in particular, the amount of any advance payments, payment deadlines, due dates, and accepted payment methods—are specified in the booking process, the booking confirmation, or the respective invoice.
Unless otherwise agreed, invoice amounts are due in full within the specified period without any deductions. The date of receipt of payment by the landlord or the designated payment service provider shall determine whether payment was made on time.
If a due payment is not made on time, the landlord shall grant the guest a reasonable grace period of at least 7 days, under threat of termination. Upon the fruitless expiration of this grace period, the landlord may terminate the contract, re-rent the accommodation to another party, and charge cancellation fees in accordance with § 6.
§ 5 Sicherheitsleistung / Kaution
The landlord is entitled to require a security deposit to secure any potential claims arising from the lodging contract. This may be provided by paying a security deposit, providing a valid credit card, or pre-authorizing an amount. Whether a security deposit is required and, if so, the amount thereof, will be disclosed to the guest prior to completing the booking and in the booking confirmation; it shall not exceed 30% of the total price, unless a higher amount, specifically stated during the booking process for a particular property, is agreed upon.
The security deposit serves to cover claims arising from damage to the accommodation or furnishings, excessive soiling, loss of keys, violations of the house rules, unauthorized use by additional persons, or other breaches of duty for which the guest is responsible.
The landlord is entitled to offset justified claims, the amount of which has been substantiated, against the security deposit.
The security deposit or pre-authorized card charge will be released or refunded no later than 14 days after departure, provided no valid claims are asserted. If claims are asserted, the unclaimed balance will be released within the same timeframe; the actual availability of a released pre-authorized credit card charge may additionally depend on the issuing bank, over which the landlord has no control.
The security deposit does not limit the guest's liability in terms of amount. The landlord may separately claim proven damages exceeding the amount of the security deposit.
§ 6 Cancellation / Withdrawal by the Guest
The guest may withdraw from the lodging agreement prior to the agreed-upon arrival date. The date on which the landlord receives the notice of cancellation is decisive for calculating the cancellation period.
Unless different cancellation terms were agreed upon in the booking confirmation, the following flat-rate cancellation fees apply:
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Up to 30 days before arrival: free cancellation
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29 to 14 days before arrival: 50% of the total price
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13 to 7 days before arrival: 75% of the total price
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6 days or less before arrival, or in case of no-show: 100% of the total price
The total price includes the agreed-upon accommodation fee, including mandatory additional services, unless these are consumption-based or have been saved as a result of a no-show.
The guest is expressly entitled to provide evidence that the landlord incurred no damage or significantly less damage than the flat-rate cancellation fee charged; in this case, only the demonstrably lower amount is payable. Conversely, the landlord reserves the right to provide evidence of higher actual damages incurred.
The landlord shall make reasonable efforts to rent the canceled accommodation to another party. Proceeds from such a rental, as well as any expenses saved, shall be credited against the cancellation fee.
It is recommended that guests purchase travel cancellation insurance; this is the guest's responsibility.
§ 7 Withdrawal / Extraordinary Termination by the Landlord
The landlord is entitled to withdraw from the contract or to terminate it for cause with immediate effect only for the following, exhaustively listed, compelling reasons:
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the guest fails to make a payment due despite a reminder and the setting of a reasonable grace period in accordance with § 4;
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the guest provides verifiably incorrect or misleading information at the time of booking regarding their identity, the number of people arriving, or the purpose of the stay, provided that this information is essential for the performance of the contract;
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performance of the contract becomes impossible or unreasonably difficult for reasons beyond the landlord's control, in particular due to force majeure, official orders, water damage, fire, failure of essential technical equipment, or other proven unavailability of the accommodation;
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the guest demonstrably endangers the safety or health of other guests, the landlord, or third parties through his or her conduct, or seriously violates the house rules (§ 10) or repeatedly violates them despite a prior warning, in particular through significant disturbances of the peace, unauthorized parties, overcrowding, smoking indoors, or an unlawful use of the accommodation that is contrary to the purpose of the contract.
Termination for the aforementioned reasons shall occur—except in cases of particularly serious violations that make immediate termination unavoidable—only after a prior warning with a reasonable opportunity to remedy the situation.
If the landlord terminates the agreement for a reason attributable to him, the guest shall be refunded in full any payments already made; any further legal claims of the guest remain unaffected.
If the landlord terminates the agreement for one of the reasons listed above for which the landlord is not at fault, the guest shall be refunded any payments already made, less any justified claims for which the amount has been substantiated.
In the event of an immediate termination of the stay attributable to the guest, there is no entitlement to a refund of the fee for nights that have already elapsed or that can no longer be used for reasons within the guest's control; otherwise, the statutory rules governing rescission and the landlord's claims for damages remain unaffected.
§ 8 No Statutory Right of Withdrawal for Date-Specific Accommodation
For contracts regarding accommodation services for purposes other than residential use, where a specific date or period is stipulated for the performance of the contract, there is no statutory right of withdrawal under the Distance and Off-Premises Sales Act (FAGG) pursuant to § 18 FAGG.
Therefore, the guest has no statutory right of withdrawal for bookings made via the direct booking platform. Only the agreed cancellation terms pursuant to § 6 apply.
§ 9 Check-in / Check-out, Keys, and Access Information
Check-in is possible starting at 3:00 p.m.; check-out must take place by 10:00 a.m. at the latest on the day of departure, unless expressly agreed otherwise.
Details regarding arrival, key handover, and check-in (e.g., in-person handover, self-check-in via a key box, electronic access system) will be communicated to the guest separately and in a timely manner prior to arrival.
The guest must treat any access credentials, codes, keys, or other means of access provided with care and confidentiality and may only share them with fellow travelers listed in the reservation.
A late arrival or late checkout must be arranged in advance with the landlord; a late checkout is granted only subject to availability and may be charged separately.
In the event of the loss of keys, access cards, or access codes, the guest is liable for the actual costs incurred and substantiated for replacement (e.g., rekeying, reprogramming of individual access devices). The guest will only be charged for the replacement of entire lock cylinders or locking systems if this is necessary for specific, verifiable security reasons and the landlord has no reasonable, more cost-effective alternative available; in this case, the guest's liability for reimbursement is limited to the market rate for an equivalent replacement solution. In cases of mere slight negligence on the part of the guest, any degree of contributory negligence on the part of the landlord (e.g., outdated security technology) will be taken into account.
§ 10 Use of the Vacation Rental, Occupancy, and House Rules
The accommodation may be used exclusively by the number of persons specified in the booking. Transfer to third parties, subletting, or use by unregistered persons requires the landlord's prior consent.
For unregistered or additional guests, the landlord is entitled to charge an additional fee in accordance with the price list valid at the time of booking and made available to the guest, or, in the event of a material breach, to terminate the contract in accordance with § 7.
The guest shall treat the accommodation, furnishings, common areas, and technical facilities with care and shall report any damage, defects, or excessive soiling immediately.
The following house rules apply in particular:
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Pets are not permitted unless expressly agreed otherwise in writing.
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Smoking is prohibited in all indoor areas; on balconies, terraces, or outdoor areas, it is permitted only if expressly authorized on-site.
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Celebrations, parties, and events are not permitted.
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Quiet hours from 10:00 p.m. to 7:00 a.m., as well as quiet hours on Sundays and holidays, must be observed.
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Open flames, candles, or flammable items may only be used if expressly permitted and can be used safely.
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Any commercial, illegal, or use of the accommodation that jeopardizes the purpose of the contract is prohibited.
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Furniture, furnishings, and technical equipment may not be removed or used for purposes other than those intended.
The guest is liable in accordance with statutory provisions for any damage culpably caused by the guest, their traveling companions, visitors, or other persons for whom the guest is responsible to the accommodation, furnishings, technical equipment, common areas, or the building.
If the condition of the accommodation upon departure requires cleaning measures beyond the standard final cleaning included in the lodging fee (e.g., heavy soiling, undisposed-of trash, stubborn stains, odors), the landlord shall bill the guest for the actual additional costs incurred, based on the price list valid at the time of booking and made available to the guest, or, in the absence of such a list, based on a verifiable invoice from a contracted cleaning company.
In the event of a proven violation of the indoor smoking ban, the landlord may claim the actual, reasonable costs of any necessary special cleaning, odor neutralization, or dry cleaning, as well as any specifically proven loss of rental income resulting from the property's actual unavailability for rental; a flat-rate contractual penalty will not be charged.
In the event of serious violations of the house rules or repeated violations despite a warning, the landlord is entitled to terminate the contract in accordance with § 7. Any claims for payment or damages that have already arisen remain unaffected.
§ 11 Use of Balcony, Underground Parking Garage, Pool, and Common Areas
The use of the balcony, terrace, underground parking garage, parking spaces, pool, sauna, playground equipment, and other common facilities must comply with applicable laws, the respective house rules, and the rules of use posted on site.
The guest must comply with the applicable rules of use, house rules, and safety and information signs.
Children may use the balcony, pool, sauna, playground equipment, underground parking garage, and other potentially hazardous areas only under the appropriate supervision of a responsible adult.
The landlord is not liable for any damage occurring in connection with these facilities that results exclusively from improper use, disregard of safety rules, lack of supervision, or the guest's own negligence. This limitation does not relieve the landlord of his duty to ensure the proper and safe condition of the provided facilities; furthermore, it does not apply to damages resulting from injury to life, limb, or health, nor to damages resulting from intentional or grossly negligent conduct on the part of the landlord.
§ 12 Wi-Fi, Internet, and Technical Facilities
The landlord provides Internet access (Wi-Fi) as part of the lodging fee pursuant to § 3 and shall endeavor to ensure its functionality during the guest's stay.
The landlord is not liable for short-term disruptions, maintenance work, or network outages for which the landlord is not responsible and that are attributable to the conduct of network operators, providers, or other third parties, provided that the landlord makes every reasonable effort to remedy the situation without delay. If Internet access is unavailable for a significant portion of the stay due to reasons attributable to the landlord, the guest may demand a reasonable reduction in the rental fee commensurate with the outage.
The guest agrees not to use the Internet access for unlawful purposes and is liable for damages and claims by third parties arising from any unlawful use attributable to the guest.
§ 13 Liability
The landlord is liable without limitation in accordance with statutory provisions for damages resulting from injury to life, limb, or health, as well as for damages arising from intentional or grossly negligent conduct on the part of the landlord or its agents.
The landlord is not liable for personal belongings (cash, jewelry, electronic devices, vehicles, and other valuables).
The landlord is not liable for service disruptions or impairments caused exclusively by third parties or circumstances beyond his control, provided that he is not responsible for the disruption and makes reasonable efforts to remedy it. This applies in particular to short-term disruptions to electricity, water, heating, hot water, the Internet, elevators, access roads, or parking spaces.
If the guest notices a defect during the stay, they must report it to the landlord immediately so that it can be remedied. A culpable failure to report the defect immediately may reduce the guest's resulting claims to the extent permitted by law, provided that the landlord could have remedied the defect had it been reported in a timely manner.
§ 14 Data Protection
The landlord processes the guest's personal data collected in connection with the booking for the purposes of contract execution and initiation (Art. 6(1)(b) GDPR), to fulfill legal obligations, in particular registration and tax regulations (Art. 6(1)(c) GDPR), and, to the extent necessary, to protect the landlord's legitimate interests (Art. 6(1)(f) GDPR).
The data controller within the meaning of the GDPR is Staylia GmbH, Berghamerstraße 30, 4072 Alkoven, Austria, office@staylia.at. External service providers may be used during the booking process, in particular the provider of the booking platform, payment service providers, and other technical service providers.
Further information regarding the processing of personal data, the service providers used, retention periods, and the rights of data subjects (right of access, rectification, erasure, restriction, objection, data portability, and the right to lodge a complaint with the data protection authority) can be found in the separate privacy policy on the landlord's website.
§ 15 Governing Law and Jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law, unless mandatory statutory provisions preclude this.
For consumers, the mandatory statutory provisions regarding jurisdiction and consumer protection apply; these Terms and Conditions do not exclude a court of jurisdiction for consumer matters mandated by law. Likewise, mandatory provisions of the consumer's country of residence remain unaffected, to the extent that they grant the consumer a higher level of protection.
For business customers, to the extent permitted by law, the court having subject-matter jurisdiction over the lessor's place of business is agreed upon.
§ 16 Final Provisions
Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision; individual clauses shall not be limited to preserve their validity with respect to consumers to the extent that this is prohibited by law.
Amendments and additions to the lodging agreement must be made in writing, unless mandatory statutory provisions or individual agreements provide otherwise. An email satisfies the written form requirement.
Individual agreements between the landlord and the guest take precedence over these General Terms and Conditions.