- Duration of use
1.1. The resident is informed that in accordance with §5a of the Student Dormitory Act, the usage contract must be concluded for a period of 12 months. Furthermore, the resident is informed that the usage contract with new students must be concluded for a period of 24 months if this is expressly requested by the student. At the request of the resident who is a student, however, the usage relationship is concluded for a shorter period, specifically for 10 months.
1.2. The usage relationship is concluded for a specific period. At the request of the resident, the usage relationship begins on September 1st, 2021 and ends on June 30th, 2022, without the need for a separate notice of termination.
- Accommodation fee and other charges
2.1. All due charges, their amounts and payment deadlines are shown in the present agreement (page 1). All price indications are quoted in Euro and include the legal VAT in its currently valid amount for Austria. The other costs related to use are included.
2.2. The monthly fees indicated in this agreement are to be paid in advance by the 5th of the respective month. The payment terms will be announced to the resident in writing.
2.3. The accommodation fee for all following months is to be paid in advance by the 5th of the respective month. If the accommodation fee for the current month has not been paid in due time by the 5th of the month, a first warning will be issued which will indicate a payment deadline. If this deadline is not observed, a second warning will be issued in the current month. The third and final warning takes place (if payment has not been made) in the following month (after the 5th) with a payment deadline in the warning letter for both accommodation fees (previous and current month). For these warning letters, the resident is to pay fees. If the two outstanding accommodation fees are not paid by the deadline, the agreement will be dissolved at the end of the current month (see item 5.2.)
2.4. The accommodation fee has to be paid for full calendar months in any case even if the agreement duration and/or duration of use differs from that. Any exceptions from this have to be confirmed by Zoom in writing.
- Conclusion of agreement, deposit and liability
3.1. The contractual relationship between the resident and Zoom is concluded by the arrival of the deposit in due time to the bank account indicated by Zoom.
3.2. The deposit serves as a safety for any claims on the part of Zoom which may arise in connection with the Contract of Use or damages caused by the dorm resident. In particular, this applies to compensation for damages and lost charges for use in accordance with item 5.4. If the deposit is used to cover outstanding charges in the course of the duration of the contract, it must be made up to the full amount by the dorm resident immediately.
3.3. When moving out has taken place according to regulations, the deposit, minus any bank charges and compensation for any damages caused by the resident or other outstanding claims, will be paid into the account indicated by the resident within six weeks at most.
3.4. If the exact sum of outstanding claims (e.g. costs for damage repair) is not yet known at the point of the return of the property, the deposit will be repaid to the account indicated by the resident after the matter has been cleared up. (In this case, the period for the transfer of the deposit may be longer than the six weeks mentioned in 3.3.).
3.5. For the purposes of clarification, it is to be noted that the resident is liable for damages they have caused even beyond the sum of the deposit paid.
- Termination of the agreement by the resident
Termination during the academic year: Contractual relationships regarding the use of living units in student dorms can be terminated, in writing, with a termination date at the end of each semester (February 28th or June 30th) by the resident under the following conditions: For a moving out date on February 28th the contractual relationship must be terminated by giving notice by 31st December of the previous year at the latest, and for a moving out date on June 30th the contractual relationship must be terminated by giving notice by April 30th of the same year at the latest.
- Termination of the agreement by Zoom
5.1. The user contract can be terminated before the end of the contract period by Zoom at the end of the next calendar month if
- the resident has finished or dropped out of their studies;
- the resident does not use the home himself;
- the resident lets another person live in his home, contrary to the provisions of the home statute;
- the resident is at least two months in arrears with the payment of the usage fee despite a written reminder and threat of termination;
- the resident is guilty of a criminal offense to the detriment of residents or the student residence operator or his people;
- the resident grossly violates his obligations arising from this law or the contract of use in any other way despite a written warning and threat of termination
5.2. The agreement can be ended in the same way by Zoom if the resident is in arrears for two accommodation fees and has received three requests for payment (see item 2.3.).
5.3. The agreement can be terminated before the end of the contract duration by Zoom with immediate effect if the resident has been guilty of a prosecutable action to the disadvantage of residents or Zoom or its employees, or if the resident poses an imminent danger for the residence, other persons living in the residence or the employees of Zoom.
5.4. In the case of termination of the contract in accordance with items 5.1-5.3 the dorm resident must make good any damages incurred by Zoom due to the premature termination of the Contract of Use. In particular, the dorm resident is to reimburse Zoom for the charge for use lost due to the termination of the agreement.
- Legal Succession
6.1. The contractual relationship exclusively entitles the resident indicated in the residence agreement. The transferral of rights and duties of the agreement by the resident to third parties is only allowed where Zoom has given its express written permission in advance.
6.2. The existing contractual relationship will only be terminated in mutual agreement without observance of notice periods if the contractual relationship with the legal successor has come about through the receipt of the deposit and the withdrawal period of 14 days has passed.
- Legal obligation to register
For the purposes of clarification, it is to be noted that the resident is obliged to register with the responsible registry office according to the legal obligation (“Meldepflicht”). The registration is to be undertaken by the resident in person.
- Arbitration process
8.1. Arbitration procedures in student dormitories serve for the out-of-court arbitration of disputes arising from the usage contract and in the event of non-agreement on the dormitory statute with the help of an arbitrator.
8.2. In dormitories in which a dormitory representative has been set up, the dormitory operator and the dormitory representative must mutually appoint a mediator for a term of office of a maximum of two years of student residence to be specified in the residence statute. If the mutual appointment is not made, this function of arbitrator is to be performed by the student ombudsman. In dormitories in which a dormitory representative has been set up, the resident invocation of the mediator requires that no agreement could be reached with the dormitory operator even with the assistance of the dormitory representative.
8.3. In dormitories in which no dormitory representation has been set up, a mediator can be appointed on the request of the resident concerned without undue delay. If the dormitory operator and the resident concerned cannot agree on a mediator, the function of the mediator is to be performed by the student ombudsman.
8.4. The arbitrator shall work to ensure that disputes can be resolved fairly, practically and on the basis of an objective assessment of the circumstances and with due regard to the rights of the parties
8.5. In dormitories in which a mediator is permanently appointed, the arbitration procedure is initiated when the arbitrator receives a written request for a dispute settlement; in the case of an event-related appointment of an arbitrator, with the written notification of the resident’s wish for an arbitration procedure to be carried out to the dormitory operator.
8.6. Participation in the procedure is voluntary for both parties. The arbitration procedure is free of charge for the resident. The home resident can be represented in the arbitration process by the home representative or another person he / she trusts (e.g. a representative of the Austrian student body).
8.7. The parties must provide the arbitrator with all relevant information. All persons participating in the arbitration process are obliged to maintain secrecy about all facts that become known to them during the arbitration process.
8.8. The procedure is ended when
- the request for dispute settlement is withdrawn,
- one of the parties refuses to participate in the proceedings,
- an agreement has been reached or
- the attempt to reach an agreement was unsuccessful.
8.9. The arbitration procedure is deemed to have ended when the arbitrator confirms that there is a reason for termination.
8.10. The submission of a request for a dispute settlement and the appropriate continuation of a procedure before the arbitrator inhibit the beginning and the continuation of the statute of limitations as well as other deadlines for asserting the rights and claims affected by the procedure.
- Closing provision
9.1. The rules for internet use included in attachment A of this agreement are an integrated part of this agreement.
9.2. Should a provision of this agreement be invalid or become invalid through new legal provisions, all other provisions which are not affected by this will stay valid and unchanged. The parties commit to replacing the invalid provision by a valid provision of contents that will come closest in terms of economy to the invalid provision.
9.3. For the purposes of evidence, it is recommended that the resident submits any messages or declarations to Zoom in writing.
9.4. Except in cases of compelling provisions for the protection of the consumer, Austrian law will be agreed upon for all disputes between the contracting parties to the exclusion of private international law.
9.5. Except in cases of compelling provisions for the protection of the consumer, the place of jurisdiction will be agreed upon exclusively as the court locally and objectively responsible for Vienna’s Innere Stadt district.
9.6. In the case of contradictions between the German and a foreign-language version of these provisions, the German version will be authoritative.