Terms and Conditions
These General Terms and Conditions govern the contractual relationship between the lessor Familie Moshammer-Mischkof (vira-reisen.at) and the renter (a consumer within the meaning of the Austrian Consumer Protection Act, KSchG) for the rental of motorhomes, caravans and holiday accommodation.
§ 1 Conclusion of contract
The rental contract comes into existence upon written confirmation of the booking by the lessor. An online booking via vira-reisen.at constitutes an offer by the renter. With the booking or contract confirmation by e-mail, the renter receives a unique contract number.
After confirmation by the lessor, the renter receives a booking confirmation containing a confirmation link. The contract is concluded only when this link is clicked. Until then the period is reserved without obligation. If confirmation does not take place within 3 calendar days of the booking confirmation being sent, the reservation is deemed cancelled and the period is released again. No costs arise for the renter as a result.
§ 2 Rental object
The rental object is the vehicle or property specifically designated in the rental contract, with the equipment described in the listing. Minor deviations that the renter can reasonably accept do not give rise to any right to a price reduction or withdrawal.
§ 3 Rental price & payment
- The rental price results from the rate stated in the rental contract (price per day or per night × quantity).
- In addition, a security deposit is set, the amount of which is determined individually per rental object and is stated in the booking confirmation. As a rule the deposit is not transferred but merely blocked on the renter's credit card (pre-authorisation). The amount is not debited from the renter, but is unavailable to them for the duration of the rental.
- The rental price is payable as a prepayment in full (100 %) before handover. Accepted payment methods are SEPA direct debit, credit card or bank transfer in accordance with the booking confirmation. A valid credit card is additionally required for the deposit block.
- If the renter has no credit card, the deposit is instead transferred together with the rental price and, once released, transferred back to the account stated by the renter. The release procedure is identical in both cases.
- All prices are in euros and include 20 % VAT where applicable.
§ 4 Cancellation by the renter
Cancellation must be made in writing by e-mail. The following cancellation fees apply:
| Time of cancellation before the rental start | Cancellation fee |
|---|---|
| 4 weeks (28 days) or more | 0 % (free of charge) |
| 3 weeks (21 to 27 days) | 40 % of the rental price |
| 2 weeks (14 to 20 days) | 60 % of the rental price |
| 1 week (7 to 13 days) | 80 % of the rental price |
| less than 7 days or no-show | 100 % of the rental price |
The security deposit is released or transferred back in full in every case. In the event of proven illness or accident, the lessor will endeavour to find an accommodating solution; however, there is no legal entitlement to this. Travel cancellation insurance is expressly recommended.
§ 5 Right of withdrawal for online bookings
Because bookings for a specific travel period are contracts for accommodation services for a specific date, the statutory right of withdrawal under the Austrian Distance and Off-Premises Transactions Act (FAGG) is excluded (section 18 (1) no. 10 FAGG). Only the cancellation deadlines set out in § 4 apply.
§ 6 Handover & return
- The rental object must always be returned in the morning (return time as a rule 11:00 on the day of departure) and is always handed over in the afternoon (handover time as a rule 15:00 on the day of arrival). Deviations are possible in individual cases and are documented in the rental contract.
- This makes a change of renter on the same day possible: return in the morning, handover to the next renter in the afternoon.
- For certain rental objects a cleaning and service day is scheduled after each rental, on which no rental takes place. This currently applies to the Luxusmobil Premium and is taken into account in the booking calendar.
- At handover a handover protocol is drawn up documenting the condition of the rental object as well as, where applicable, mileage, fuel level, etc. Both contracting parties confirm the protocol with their signature.
- On return, the condition is checked again and recorded in the return protocol.
- A late return entitles the lessor to charge an additional daily flat rate.
§ 7 Obligations of the renter
The renter undertakes:
- to treat the rental object with care and to use it exclusively in accordance with the contract;
- not to smoke inside the rental properties and vehicles;
- to bring pets only with prior written consent;
- in the case of vehicles, to hold a valid driving licence appropriate to the vehicle and to present it to the lessor on request;
- not to sublet the rental object to third parties;
- to report damage, technical defects or accidents to the lessor without delay;
- when travelling abroad, to observe and pay tolls, the GO-Box and other country-specific regulations on their own responsibility.
§ 8 Liability of the renter
The renter is liable for all damage caused to the rental object during the rental period insofar as it was caused by them, by accompanying persons or by improper use. No liability arises for normal signs of use.
In the event of intentional breaches of the obligations under § 7 or in the event of gross negligence, liability extends to the full damage including any consequential costs (e.g. loss of earnings because the object cannot be rented out during repairs).
§ 9 Liability of the lessor
The lessor is liable for damage suffered by the renter only in cases of intent and gross negligence. Liability for slight negligence is excluded, unless personal injury is involved or mandatory statutory provisions (in particular the Austrian Product Liability Act, PHG) provide for liability.
§ 10 Insurance
The rented vehicles carry the statutory third-party liability insurance as well as comprehensive insurance with an excess. The excess in the event of damage is borne by the renter and is stated in the rental contract. An increase in insurance cover (reduction of the excess) is possible for an additional charge.
There is no insurance for the renter's personal property; renters are advised to take out their own travel and household contents insurance.
§ 11 Refund of the security deposit
- After a proper return ("return OK") the card block is released. The release is initiated without delay; depending on the bank, it may take a few working days until the amount is available again with the card issuer. No debit takes place in this case.
- In the event of established damage or additional consumption (e.g. tank not full, final cleaning not carried out), the corresponding amount is debited from the blocked sum and the remainder released. The reason is documented for the renter in writing, with amounts.
- If the deposit was transferred because no credit card was available, it is transferred back to the account stated by the renter once released; a justified retention is deducted from the refund amount.
- If the damage exceeds the deposit, the renter is obliged to pay the difference.
§ 12 Reviews & data protection
After the booking has been completed, the renter receives an optional invitation to submit a review. Participation is voluntary. Our privacy policy applies to the handling of personal data.
§ 13 Applicable law & place of jurisdiction
Austrian law applies, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods. In disputes with consumers, the mandatory consumer protection provisions and rules on jurisdiction of the country of residence remain unaffected. The place of jurisdiction for disputes is — to the extent legally permissible — Vienna.
§ 14 Severability clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.