1. Cityflats
2. Cityflats Terms and Conditions of Use

1. Welcome to Cityflats.

Cityflats is made available to you by D&P Apartment Booking GmbH, Laimgrubengasse 14, 1060 Vienna. You may contact us directly via the platform or by email (office@cityflats.online). We conclude contracts exclusively on the basis of these Terms and Conditions of Use, unless we expressly agree otherwise with you. In the case of doubt the German version of our Terms and Conditions of Use is the one that is binding on us. Cityflats makes available an online platform on which commercial providers offer apartments and customers may book those apartments. We exclusively act as agent for the offered apartments. Any contract on the letting of apartments will be directly concluded between you and the provider of the apartment (hereinafter the "Apartment Provider"). The following Terms and Conditions of Use exclusively regulate use of the online platform and provision of specific services as laid down in Clause 7 of these Terms and Conditions of Use, if they are requested by you. You may view our Terms and Conditions of Use on the website or on the sub-sites at the end of the site under "Terms and Conditions of Use" or under the following link address. You may print out or store this document by using the common feature of your browser (in most cases "File" => "Save as"). You may also download this document as a PDF file by clicking on link.

2. Use of the platform

2.1 Registration
You are free to register on our website as a customer. For this purpose you need to create a customer account, which you may then use for all booking processes. For creating a customer account we require the following data about you: email address, first name and surname. You may check and update your data under the "My data" menu item at any time.

2.2 Booking without registration
You may also book apartments as a "guest" without registering. Your data will then be deleted after the booking has been processed, unless statutory retention duties prescribe otherwise.

2.3 Acting as agent
Our contractual obligation is limited to acting as agent for the offered apartments between the Apartment Provider and you by providing the Cityflats platform. Cityflats itself makes available no apartments. Any contract on the letting of apartments will be directly concluded between you and the Apartment Provider or the provider of substitute accommodation as described in Clause 6.4, if any. Therefore, you are responsible, without any obligation on the part of Cityflats, for informing yourself about and carefully studying, prior to conclusion of any contract, all terms and conditions that may be relevant to conclusion of a contract by means of the information provided by the relevant Apartment Provider.

2.4 Making the booking
On the online platform you may view the different apartments, compare prices and make bookings. Once you have selected an apartment you will need to log onto your customer account or select the "Book as a guest" option. Then you need to enter your data or check the data retrieved from your customer account. Before completing the booking you may interrupt the booking process at any time to see and correct typing errors, if any. By clicking on the "Book with obligation to pay" button the booking process will be completed and becomes binding. By doing so you instruct us to act as your agent for the apartment selected by you. You will be bound by your booking order. By making a booking you accept the Cityflats Terms and Conditions of Use as amended at the time of booking. You need to be at least 18 years old to be allowed to make a booking.

2.5 Conclusion of a contract; Booking confirmation
By making a booking by clicking on the button "Book with obligation to pay" you submit an offer for conclusion of a contract with the Apartment Provider to Cityflats. We will send you a booking confirmation for the apartment you booked. The booking made by you will be deemed accepted only upon receipt of the booking confirmation by you. Should you receive no booking confirmation within 24 hours of your booking, please contact our free customer service at reservation@cityflats.online or on +43 1 972 888. However, please be aware of the costs of the actual telecommunication service as per the landline or mobile communication rates of your telecommunication provider.

2.6 No fees
Our agency service is free. We will not charge you for our agency service and no additional fees will be charged on the room price.

2.7 Duties related to use of the platform
For every registration and whenever you use the platform as a guest you must provide true and complete information. As a registered user you are responsible for treating as confidential and not disclosing to unauthorised third parties your personal access data, and, to the extent permitted by law, you agree that you will be responsible for all activities that are carried out via your customer account or password. You should take all necessary steps to ensure that your password will be kept secret and safe, and you should inform us immediately if and when you have reason to fear that a third party has gained knowledge of your password or that your password is being used or is likely to be used without authorisation. You are solely responsible for all entries that you make in connection with your registration or without registration when using this website. You must refrain from disrupting the website in any way whatsoever. Manipulations having the aim of obtaining unauthorised payments or other advantages to the detriment of Cityflats, to the detriment of providers of products or services that are displayed on this website or to the detriment of other users may, apart from the legal consequences, in particular, also lead to deactivation or deletion of your customer account (see Clause 11.). You are obliged to refrain from any misuse of the website and of your account on the website, including but not limited to any use which would impair operation of the Cityflats platform, pose a threat to public order and security or accepted principles of morality, infringe rights of third parties, violate applicable laws or are contra bonos mores. You are obliged to design all entries you make and are authorised to make in connection with your account in such a way that any misuse of the platform and of your account is excluded from the start, in particular misuse by a threat to public order and security or accepted principles of morality, by infringing rights of third parties, violating applicable laws or being contra bonos mores. You are obliged to do anything and to refrain from doing anything that is necessary or useful to prevent damage or threat to the good reputation of Cityflats, the Apartment Providers or other users.

2.8 No right of rescission
As a matter of principle, consumers as defined in the Austrian Consumer Protection Act [KSchG] have a right to rescind a contract concluded by way of distance selling within 14 days without having to state reasons. However, such right of rescission does not apply, as in this case, to contracts in the sector of accommodation for purposes other than residential purposes, provided that the contract provides for a certain date at which or period during which the entrepreneur has to perform the contract.

2.9 Deleting a customer account
You may delete your customer account via your account at any time. Your data will then be deleted, unless it is still necessary for providing the services booked by you or unless statutory retention periods prescribe otherwise.

3. Payment

3.1 Online payment
Bookings made on the Cityflats platform may be paid for via secure online payment. For that purpose we collect the payment amount which is transferred to the account advised by Cityflats, process and pay it to the Apartment Provider. The payment process will be effected securely via your credit card or your bank account through the payment service provider "Stripe Payments Europe Ltd". The total amount of the booking will be due for payment on the day of booking and will be debited from the selected means of payment by actively clicking on "Book with obligation to pay". You cannot claim back the amount paid, except for repayment in the case of cancellation (see Clause 5.).

3.2 Means of payment
The following means of payment are available to you for effecting payments on the Cityflats platform: • SOFORT transfer (only available in the German-speaking area) • credit card (VISA, Master Card, American Express)

4. Cancellation

Booking cancellations must be made vis-à-vis Cityflats. If you have a customer account you may cancel the booking online via your customer account under "My bookings" under the "Cancellations" menu item at any time. The amount of the costs incurred for cancelling a booking will depend on the terms and conditions of cancellation, which you agree separately with the provider of the apartment selected by you.

5. Insurance

During the booking process you may take out cancellation cover with Europäische Reiseversicherung AG. The insurance contract will exclusively be concluded by and between you and Europäische Reiseversicherung AG.

6. Advertisements of Apartment Providers

6.1 Accuracy of information
The information we use for providing our agency services is based on the information provided to us by the Apartment Providers. The Apartment Providers are solely responsible for ensuring that the prices, availability and other information contained in the advertisements is kept up to date at all times.

6.2 Quality assurance
We put the Apartment Providers on the Cityflats platform under an obligation to meet the quality requirements. Accordingly, all Apartment Providers must provide bedlinen and towels and clean the apartment at least once a week if the customer rents an apartment for more than one week.

6.3 Prices
All prices stated are inclusive of VAT and all other taxes. You will be informed about additional taxes (e.g. tourism tax), special costs (e.g. costs of cleaning the apartment), local tax or overnight tax, if any, in the Apartment Providers advertisements and on your invoice after the booking has been made.

6.4 Substitute accommodation
If an apartment booked by you on the Cityflats platform is not available for the stated period for whatever reason, even though the Apartment Provider had marked it as available, we will timely offer you an apartment which is at least equivalent with no additional costs for you. For that purpose please contact our free customer service at reservation@cityflats.online or on +43 1 972 888.

6.5. Rating system
Our website offers customers a rating system for the apartments offered. The rating system is intended to help future customers in selecting their apartments. However, the rating system is no recommendation or confirmation of quality by Cityflats. By reproducing ratings Cityflats makes no statements of its own and does not adopt the ratings as its own. We reserve the right to reject or remove (parts of) customer ratings at our discretion, in particular where they are inappropriate, misleading or unlawful.

7. Additional services

Under a separate contract with Cityflats you may book additional services (e.g. taxi shuttle services, etc.) that are subject to a charge. For more information on the additional services offered by Cityflats please go to the website www.cityflats.online.

8. Liability

8.1 Liability for advertisements and information of third parties on the website
Cityflats compiles its online platform with utmost care. However, the Apartment Providers advertisements are exclusively provided by the Apartment Providers themselves. Therefore, we assume no liability for accuracy or completeness of such information or for the fact that the information is up to date. The same applies to other information on the website that is provided by third parties.

8.2 Liability for technical errors
We will ensure proper operation and proper management of the Cityflats platform. However, we assume no liability for availability of the platform without interruptions or for its working free from errors or disruptions at all times. We are authorised to carry out work on the platform that may involve deactivation or interruption at any time, including without prior notice. We shall not be liable for damage that results from non-availability of the platform. Moreover, we shall not be liable in the case that information is faulty or is not transmitted or is not transmitted completely, unless the reason is clearly within our sphere of control.

8.3 Limitation of liability
Under the Terms and Conditions of Use and the statutory provisions we shall be exclusively liable for direct damage suffered by you on account of non-fulfilment of our obligations with regard to our agency services. Our duty to pay damages shall be limited to the amount of the booking payment in any event where damage is caused, except for personal injuries to consumers as defined in the Austrian Consumer Protection Act. Liability for lost profit, indirect or consequential damage shall be excluded to the extent permitted by law.

9. Data protection

The personal data advised by you in the course of the booking process (first name, surname, postal address, email address, phone number) will be stored and processed by us exclusively for processing the booking and to the extent permitted by law. The said data will also be forwarded to third parties, in particular to the provider of the apartment booked by you, for performance of the contract. We shall also be allowed to use the data collected about you for the purpose of electronic advertising for our own similar products and/or services, unless you have objected thereto at the time the data was collected. In addition, you may prohibit us from using your data for the purpose of electronic advertising for our own products and/or services at any time free of charge by sending an email to office@cityflats.online or by clicking on the revocation link at the bottom of the advertising email. We will of course observe any entries in the list prepared according to Section 7 of the Austrian E-Commerce Act [E-Commerce-Gesetz] kept by the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR). For more information on data protection see our Data Protection Policy.

10. Intellectual property rights to the Cityflats platform

Cityflats is the exclusive property of D&P Apartment Booking GmbH. D&P Apartment Booking GmbH holds exclusive title to all trademarks, copyrights and other marks with regard to the Cityflats website and platform. Any use shall be permitted only with our prior written approval.

11. Violation of the Terms and Conditions of Use

In the case of violation of these Terms and Conditions of Use or in the case of a well-founded suspicion of a violation we shall be entitled to exclude the relevant customer from use of our platform and to deactivate the customer account. We will inform you about the reason for excluding you or deactivating your account within a reasonable period of time. If the reason no longer exists we will make available our platform to you again or reactivate your customer account.

12. Final provisions

We reserve the right to change, amend, temporarily or permanently deactivate, delete or discontinue publication of the website, specific sub-sites and/or the entire range of services temporarily or finally without separate notice. Moreover, we reserve the right to take offline one or more offers, change the date or order of the same or display them under different categories or sub-categories or on other sub-sites. These Terms and Conditions of Use will be reviewed on a regular basis and may, in particular for the purpose of adjusting them to changed statutory or technical framework conditions, be modified accordingly. Any and all modifications of or amendments to the Terms and Conditions of Use will be published on our website. These Terms and Conditions of Use are governed by Austrian law; its conflict of laws rules and UN Sales Law shall be excluded. The place of performance and the place of jurisdiction for all lawsuits arising out of the contractual relationship with Cityflats shall be Vienna, Innere Stadt [First District]. The place of jurisdiction for lawsuits against consumers shall be the court in the circuit of which the consumers residence, habitual residence or place of work is situated.