General Terms and Conditions (GTC)
General Terms and Conditions of Treamstays for owners of holiday properties.
1. Scope and contracting parties
(1) These General Terms and Conditions apply to all contracts between Treamstays LLC (hereinafter “Treamstays”) and its clients (hereinafter “Owners”) concerning the management, marketing and/or brokerage of holiday properties.
(2) Only these GTC apply. Deviating terms of the Owner do not become part of the contract unless Treamstays expressly agrees to their validity in writing.
(3) The authoritative language version is the German version. The English version is provided for ease of understanding; in the event of discrepancies, the German version prevails.
2. Services provided by Treamstays
(1) Depending on the individual agreement, Treamstays provides in particular the following services:
- marketing and presentation of the holiday property (e.g. listings, photos, copy, publication on booking platforms and on our own website);
- brokerage of guests and handling of booking enquiries;
- coordination of check-in/check-out, cleaning and maintenance [if commissioned];
- communication with guests and complaint/damage management [if commissioned];
- support with pricing and occupancy optimisation.
(2) The specific scope of services results from the individual management/brokerage agreement or the chosen service package. Treamstays owes diligent effort but does not guarantee any particular booking or revenue result.
(3) Earnings figures stated in the earnings potential calculator or other materials are non-binding estimates based on market data and do not constitute a warranted characteristic or guarantee.
3. Conclusion of contract
(1) The presentation of services on the website does not constitute a binding offer. The contract is only concluded upon mutual signing of the management/brokerage agreement or upon express order confirmation by Treamstays.
(2) The Owner warrants that they are authorised to commission the services and are the owner of, or otherwise entitled to dispose of, the property.
4. Owner’s obligations and cooperation
(1) The Owner shall provide Treamstays with all information, documents and access required for the provision of services in good time and in full (e.g. property data, amenities, official permits, insurance certificates).
(2) The Owner is responsible for ensuring that renting out the property is legally permissible (in particular zoning, building, trade and tax requirements as well as any short-term rental conditions) and that the property is in a rentable, safe and clean condition.
(3) The Owner shall keep the property adequately insured (in particular liability and building/contents insurance). [Details/minimum cover: _____]
5. Remuneration and commission
(1) The remuneration agreed in the individual contract applies to Treamstays’ services, usually a commission of [___ %] of the net rental income generated or [flat fee/model _____].
(2) Unless otherwise agreed, all amounts are [plus/including] the applicable statutory VAT.
(3) Additional services not covered by the agreed package are charged separately based on time and effort or by separate agreement.
6. Accounting and payout
(1) Treamstays accounts for the rental income to the Owner [monthly/at the agreed interval] and pays out the amount due to the Owner, after deduction of commission and agreed costs, within [___] days to the account specified by the Owner.
(2) Treamstays provides the Owner with a transparent statement. [Note: the specific payment and accounting handling — including in relation to the US company — is still to be defined and clarified contractually/for tax purposes.]
7. Term and termination
(1) The contract is concluded for [an indefinite period / a term of ___].
(2) Either party may terminate the contract with [___] notice to the [end of the month/quarter]. The right to extraordinary termination for good cause remains unaffected.
(3) Termination requires [text/written] form. Guest bookings already confirmed must be properly fulfilled after the end of the contract; the commission for these remains payable.
8. Liability
(1) Treamstays is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.
(2) In cases of slight negligence, Treamstays is liable only for breach of a material contractual obligation and limited to the foreseeable damage typical for the contract. [Optional liability cap: _____]
(3) Treamstays is not liable for the conduct of guests, for damage to the property caused by guests, or for lost income due to a lack of bookings, insofar as Treamstays is not responsible for these.
9. Data protection
The processing of personal data is governed by our privacy policy, available at https://treamstays.com [privacy link].
10. Force majeure
Treamstays is not liable for non-performance or defective performance of obligations insofar as this is due to events of force majeure (e.g. natural disasters, pandemics, official orders, failure of third-party platforms).
11. Final provisions
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the referral rules of private international law.
(2) The place of jurisdiction is — to the extent legally permissible — [place _____], Austria. The statutory places of jurisdiction apply with respect to consumers.
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a rule that comes closest to its economic purpose.
(4) Amendments and supplements require [text/written] form.