On making your booking with Linked Living you will be asked to pay a Deposit. Payment of the Deposit constitutes your acceptance that the Deposit is retained to secure your Apartment in accordance with these terms and conditions.
You agree by us holding a Deposit that the deadline to conclude the Tenancy Agreement following the receipt of the Deposit fee shall be 14 days thereafter, or any other period agreed by us (the “deadline”).
By entering into the Tenancy Agreement your Deposit converts to your refundable Security Deposit. Your Security Deposit will be refunded to you at the end of your tenancy if there are no outstanding arrears or damage to your Apartment and/or communal areas.
By paying your Deposit, you give us express consent to use the details provided by you to undertake searches against sanction lists maintained by the European government, United Kingdom, United States, and other countries we choose including those maintained by the United States Office of Foreign Assets Control (OFAC). This will not affect your rights and/or our obligations to you under the General Data Protection Regulation (GDPR) (EU) 2016/679.
You have the right to ask us to not undertake such searches but in doing so we will not be able to progress your application.
Linked Living will make you an Offer of Accommodation where you will receive your online Tenancy Agreement via the Online Portal.
The Tenancy Agreement sets out the full terms and conditions under which you agree to rent an Apartment with the Landlord, and Linked Living as Agent.
You will need to log into your account, check your details, read your tenancy agreement and sign the online contract before uploading relevant identification documentation.
You will be asked to pay your rent monthly in advance. The first instalment needs to be paid 10 days before your contract starts. You will not be able to move into the property if this has not been paid.
If for any reason we are not able to make you an Offer of Accommodation we will contact you as soon as possible detailing reasons why or with an alternative solution. If we cannot offer an alternative or the alternative is not suitable we will refund your Deposit in full via the original method the payment was made.
2. CANCELLATION BY YOU – 14 -DAY COOLING OFF PERIOD
If you choose to cancel your booking with Linked Living you have 14 calendar days after receiving the original Accommodation Offer to do so to get a full refund of the Deposit paid.
If you have made your booking less than 14 days before you scheduled check-in date, you may cancel your booking until the earlier of (a) 14 days after receipt of the Accommodation Offer email and (b) the date you actually check-in.
You may cancel your booking by sending an email to the relevant Accommodation Office email address listed on the individual sites contact details on www.linked-living.com. Linked Living will refund your Deposit within 30 calendar days of cancellation. If you cancel your booking after the 14 calendar day cool off period:
2.1 you will not get your Deposit returned to you and you and;
2.2 The amount of the Deposit will be treated as a contractual penalty for breach of obligation to enter into the Tenancy agreement;
2.3 you will be required to meet the obligations set out within the Tenancy Agreement.
3. PERIOD BEFORE YOU ENTER INTO YOUR TENANCY AGREEMENT
The Landlord and Linked Living reserve the right to not return your Deposit and cancel your booking on notice if:
3.1 We take all reasonable steps to enter into the Tenancy Agreement before the deadline and you fail to do so, for example, if you fail to complete your application or provide supporting documentation in good time;
3.2 You provide us with relevant false or misleading information; and/or
4. PERIOD FROM AND INCLUDING WHEN YOU HAVE ENTERED INTO THE TENANCY AGREEMENT
If you have entered the Tenancy Agreement and you cancel your booking after the 14 calendar day cool off period, you will not get your Deposit returned to you and you, if reasonable, will be required to meet the obligations set out within the Tenancy Agreement regardless of whether you have collected your keys.
If you cancel your booking and are able to find an eligible replacement tenant, subject to our agreement, you will be released from the contractual obligations as set out in the Tenancy Agreement. Any overpaid rent will be refunded to you, less an amount equal to your Deposit as a cancellation fee. The site team will confirm your official release date.
If you can provide proof that you fit into any of the following criteria we may agree to release you form your contract where:
• Your notice to cancel is within the 14 day cooling off period as set out in point 2
• Your Austrian Visa application has been denied
• Extenuating circumstances e.g. ill-health
Where proof is provided in accordance with these terms and conditions and to our and the landlords reasonable satisfaction, you will be entitled to cancel the booking and you will not be liable for the contractual obligations laid out in the Tenancy Agreement from the date of cancellation.
Failure to obtain a Austrian Visa
If you fail to obtain a Austrian Visa before the start date of your tenancy, we will cancel your Tenancy Agreement and refund any rent payments made so long as you provide within 72 hours of receiving your official confirmation:
• Supporting official evidence that your Visa was declined
• Written confirmation that you wish to cancel your booking
5. CANCELLATIONS AFTER YOU HAVE MOVED INTO THE ACCOMMODATION
5.1. We hope you have a happy stay in your accommodation, but if for any reason you decide to leave during your contracted term, the landlord may agree to release you from your contract. Providing the conditions set out below are met:
5.1.1. You agree that you will not transfer or sublet the tenancy created by the Tenancy Agreement to anyone else without obtaining our written consent in-line with point 11.1(m) of the Tenancy Agreement.
5.1.2. You can terminate at any time after the minimum rental period providing three months’ notice.
5.1.3. If you are still within your minimum rental period, you can find a suitable replacement to take a new Tenancy Agreement for your Apartment for the remaining period of your contract.
18.104.22.168. Replacement tenants must be 18 years old or over.
22.214.171.124. The incoming tenant must enter into a Tenancy Agreement with us and pay sums due within this agreement.
5.1.4. Refunds due will not be processed until the replacement taking over the contract has signed the Tenancy Agreement paid and moved into the accommodation.
5.1.5. If you do find someone to take over your contract, you will need to pay a €50 administration fee.
5.1.6. If you fail to find someone to take over your tenancy, you will be responsible for paying the full rent until the end of your contracted time at the accommodation.
6. CANCELLATIONS BY LINKED lIVING OR THE LANDLORD
Our terms and conditions require you to sign your Tenancy Agreement online within 14 calendar days of receiving the Offer of Accommodation. If you fail to sign your agreement within this timescale we may cancel your booking, giving notice by email, and you will forfeit any Deposit paid if it is outside the 14 calendar day cooling off period above.
If you fail to check-in on your accommodation, start date and you have not signed your agreement we may cancel your booking at any time by giving notice by email. If you are outside the 14 day cooling off period your Deposit will not be refunded.
Once you have signed your Tenancy Agreement, it may only be terminated if we mutually agree to do so or in the circumstances set out in point 3 above.
7. APARTMENT AND TENANCY CHANGES
If you wish to upgrade your Apartment, or move to a different Apartment type, which is the same type as your original choice, you can do so free of charge up until the Tenancy Start Date subject to Apartment availability.
Apartment moves after the start date will be subject to Apartment availability. An administration charge of €50 will be payable for the variation of the Tenancy Agreement.
These terms and conditions shall be governed in accordance with Austrian law in the jurisdiction of Vienna.
Linked Living is a trading brand of Urban Micro Estates Immobilienverwaltungs GmbH, Vorgartenstrasse 204, 1020 Vienna, Austria.
UPDATED APRIL 2020