Terms and conditions
Last updated: 5 May 2026. These terms and conditions apply to all contracts between Studio Apps Sp. z o.o. ("provider") and customers regarding the services offered on apartmentsite.at. Special provisions for consumers (§ 1 KSchG / § 13 BGB) are consolidated in § 13 and prevail over the general provisions.
§ 1 Scope, parties, definitions
(1) Provider: Studio Apps Sp. z o.o., ul. Warszawska 40, lok. 2A, 40-008 Katowice, Poland, KRS 0001226501, represented by Małgorzata Izabela Dzięgała.
(2) Customer: the natural or legal person concluding a contract with the provider. Business customers act in the exercise of a commercial activity (§ 1 KSchG / § 14 BGB); consumers act primarily for purposes outside their commercial activity (§ 1 KSchG / § 13 BGB).
(3) "Demo" means a non-binding website draft delivered free of charge before contract conclusion. "Package" refers to one of the offerings described at apartmentsite.at/en/preise.
§ 2 Scope of services
The provider creates booking websites for short-term apartment hosts in three packages (Starter, Professional, Business) plus optional add-ons. Hosting is optional (see § 9). The provider may engage qualified third parties.
§ 3 Free demo, customer cooperation, licence
(1) After receipt of the form, the provider creates a non-binding demo on a non-public test URL within the timeframe stated in the offer (typically 48-72 hours).
(2) By submitting listing links the customer warrants that they hold the rights or licences to the content and photos published on the platform (Airbnb, Booking, own website).
(3) The customer grants the provider a free, non-exclusive licence to use this material solely to produce the demo and — if a contract is concluded — the final website.
(4) If no order is placed within 14 days of demo delivery, the provider deletes the demo entirely. The customer acquires no rights in the demo.
(5) If the customer breaches paragraph (2), they indemnify the provider against third-party claims (subject to mandatory consumer law).
§ 4 Conclusion of contract
(1) The presentation of packages on apartmentsite.at is an invitation to treat, not a binding offer.
(2) The customer offers to contract by sending a written order (email is sufficient) after receipt of the demo. The contract is concluded upon written confirmation by the provider or commencement of performance.
(3) For online checkout (when activated), a binding consumer offer requires a button labelled "order with obligation to pay" or equivalent (§ 8 FAGG / § 312j(3) BGB).
(4) The contract text is stored by the provider and emailed to the customer. The contract language is German (English translation available for information).
§ 5 Market introduction offer
(1) During the market introduction of apartmentsite.at the provider offers time-limited special conditions ("Markteinführungsangebot"). Validity ends on the date or after the number of customers stated in the offer, whichever comes first.
(2) The regular price is permanently published at apartmentsite.at/en/preise and applies for at least 3 months after the introduction phase ends.
(3) Not combinable; one-time per customer. See promo terms.
(4) If the offer is linked to portfolio consent (§ 12), the customer may withdraw consent at any time without retroactive price increase.
§ 6 Prices, payment, reverse charge
(1) Prices per offer or as published on apartmentsite.at/en/preise. Net for businesses, gross for consumers.
(2) Invoices payable within 14 days without deduction. Default interest applies.
(3) B2B services to businesses with a valid VAT-ID in another EU member state are invoiced with reverse charge under Art. 196 of Directive 2006/112/EC. Validity is verified via VIES.
(4) B2C services are settled via the EU OSS scheme.
§ 7 Delivery time, force majeure
(1) Delivery times stated in the relevant package description or offer are targets. Binding deadlines require a separate written agreement.
(2) Customer cooperation (§ 3(2)) is a precondition. Delays caused by the customer extend delivery accordingly.
(3) Force majeure (cyber attacks on essential subprocessors, infrastructure outages, official orders) suspends performance during the obstacle.
§ 8 Live demo version before contract
(1) Before any paid contract is concluded, the customer receives within 48 hours of submitting the listing links a live demo version at a test address. Only after the customer accepts the demo does the paid contract for the final website take effect.
(2) No money-back guarantee is offered after the contract is concluded. Statutory warranty rights and the consumer right of withdrawal under § 11 remain unaffected.
§ 9 Hosting
(1) Optional. Concluded with booking and continues until termination.
(2) First month free. Then per-package monthly or annual prices.
(3) Terminable without cause with 14 days' notice to month end (consumers: at any time to month end). Email info@apartmentsite.at.
(4) On termination the provider supplies a website export (source code, static content, booking-inquiry database dump) within 14 days.
(5) Availability target: 99.5% p.a. Planned maintenance announced ≥24h in advance is excluded.
§ 10 Usage rights
(1) Upon full payment of the setup fee the customer obtains a worldwide, non-exclusive, perpetual usage right to the individualised code and design.
(2) Excluded: provider's template system, third-party open-source libraries, and materials supplied by the customer.
(3) Source code on request via Git repo or ZIP archive.
(4) Before full payment all rights remain with the provider. Unauthorised use of delivered code triggers liquidated damages equal to the setup fee.
§ 11 End-user data — data processing agreement
(1) Where the provider processes booking-inquiry data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR. Standard DPA: apartmentsite.at/en/dpa.
(2) The customer is the controller for its visitors' data and ensures its own privacy policy describes this processing.
(3) A model privacy policy is available on request.
§ 12 Reference use (portfolio)
(1) The provider may name the customer (company, city, "short-term rental" industry) as a reference. Extended use (screenshots, photos, case study) requires separate consent.
(2) If the market introduction offer is linked to extended portfolio consent, the scope follows the consent text in the order process. Voluntary; the regular price is available without consent.
(3) Withdrawable at any time. The provider removes the reference within 30 days from materials it controls. Already-distributed materials remain.
(4) Withdrawal does not retroactively raise the price.
§ 13 Special provisions for consumers
(1) Right of withdrawal. Consumers have a 14-day right of withdrawal under § 11 FAGG (Austria) / § 312g together with § 355 BGB (Germany). See withdrawal instructions with model form.
(2) Early loss. If the provider, with the consumer's express consent, begins performance before expiry of the withdrawal period and the consumer confirms loss of withdrawal upon full performance, the right of withdrawal expires upon full performance (§ 18 FAGG / § 356(4) BGB).
(3) Pro-rata compensation. If the consumer requested early commencement and then validly withdraws, they owe pro-rata compensation for services already rendered (§ 16 FAGG / § 357(8) BGB).
(4) Applicable law and jurisdiction. The law of the consumer's habitual residence applies (Art. 6(2) Rome I). Consumers may sue the provider only at their general jurisdiction and are sued by the provider only there (Art. 18 Brussels Ia / § 14 KSchG).
(5) Order button. For paid online orders the button is labelled "order with obligation to pay" or equivalent (§ 8 FAGG / § 312j(3) BGB).
(6) Statutory warranty rights remain unaffected.
(7) EU dispute resolution platform: ec.europa.eu/consumers/odr. We do not participate in consumer arbitration.
§ 14 Warranty
Statutory warranty applies. Provider has the right to cure (repair or replacement). Defects must be reported promptly; § 377 UGB applies vis-à-vis businesses.
§ 15 Limitation of liability
(1) Towards businesses: unlimited liability only for intent and gross negligence. For slight negligence, liability is limited to breach of essential obligations and capped at the contract value.
(2) Liability for life, body, health and Product Liability Act unaffected. Mandatory consumer law unaffected.
(3) Liability for data loss only insofar as damage occurs despite proper backup by the customer.
§ 16 Confidentiality
Both parties keep confidential information strictly confidential and use it only for contract purposes — for 3 years after contract end. Public information excluded.
§ 17 Changes to these T&C
(1) Changes are possible to close gaps, comply with new legal/technical requirements or adapt services without unreasonable disadvantage.
(2) Notified at least 6 weeks before effect. No objection within the period = deemed acceptance (notice expressly states this).
(3) For material changes consumers may terminate with immediate effect.
§ 18 Applicable law and jurisdiction
(1) Polish law applies (excluding CISG), subject to mandatory consumer protection of the consumer's habitual residence (Art. 6(2) Rome I).
(2) For business customers exclusive jurisdiction is the provider's seat (Katowice).
(3) For consumers § 13(4) applies.
(4) ODR platform: ec.europa.eu/consumers/odr.
§ 19 Final provisions
(1) Severability: invalid provisions do not affect the rest. Replacement: the statutory rule, or vis-à-vis businesses, an effective rule closest to the economic purpose.
(2) Amendments require text form.