General Rental Conditions

§ 1 Scope and Basis of Contract

1. These General Rental Conditions (hereinafter referred to as "AMB") of Solum Invest GmbH, FN 642566a, Sillgasse 21, 6020 Innsbruck (hereinafter referred to as "Landlord") apply to all rental agreements concluded between the Landlord and entrepreneurs within the meaning of § 1 UGB (hereinafter referred to as "Tenant") for real estate and associated areas (B2B transactions). The provisions of the Consumer Protection Act (KSchG) do not apply.
2. Deviating, conflicting, or supplementary general terms and conditions of the Tenant shall only become part of the contract if and insofar as the Landlord has expressly agreed to their validity in writing.
3. Individual agreements in the main rental agreement shall in any case take precedence over these AMB.
4. References to legal provisions only have a clarifying meaning. Even without such clarification, the legal provisions apply unless they are directly amended or expressly excluded in these AMB.

§ 2 Terms of Payment and Consequences of Default

1. The rent and all incidental costs must be paid into the Landlord's account free of charge and deduction on the due date defined in the rental agreement. The receipt of payment on the Landlord's account is decisive for the timeliness of the payment.
2. In the event of default in payment, default interest in the statutory amount for entrepreneurial transactions according to § 456 UGB (9.2% above the respective base interest rate of the ECB) is deemed agreed.
3. The Tenant undertakes to reimburse a flat-rate compensation for expenses of € 40.00 (§ 458 UGB) for each justified reminder as well as all costs incurred for appropriate legal prosecution (collection costs, legal reminder letters, court fees).
4. Incoming payments are always credited against the oldest outstanding debt, regardless of any dedication by the Tenant, first against costs, then against interest, and finally against the principal.
5. The setup of a direct debit (SEPA direct debit) or standing order in favor of the Landlord must be ensured by the Tenant at the start of the contract.

§ 3 Prohibition of Set-off and Retention

The Tenant is not entitled to withhold payments due to its own counterclaims not recognized in writing by the Landlord or not legally established, or to set them off against such counterclaims. This also applies in the event that the Tenant claims a reduction in rent or compensation for damages.

§ 4 Liability of the Landlord

1. The Landlord is liable to the Tenant for damages, regardless of the legal ground, only in cases of intent or gross negligence. The Landlord's liability for slight negligence as well as for consequential damages, pure financial losses, lost profits, and damages from third-party claims is completely excluded.
2. The Landlord assumes no warranty for the suitability of the rented property for the business purpose intended by the Tenant. Obtaining any necessary official operating, building, or usage permits is the sole responsibility of the Tenant at their own cost and risk.
3. The Landlord is not liable for interruptions in the energy, water, or heat supply by third parties (utility companies, property management, force majeure).
4. The Landlord is not liable for the loss of or damage to property of the Tenant, their employees, clients, or visitors in the rented property or in common areas (in particular basement compartments, drying rooms, bicycle rooms).

§ 5 Maintenance, Servicing and Structural Measures

1. The Tenant bears the unrestricted obligation to maintain, service, and repair the entire rented property and all installations contained therein (in particular heating boilers, electrical installations, sanitary facilities, water and sewage pipes from the wall outlet, roller shutters, blinds, door fittings). This includes concluding maintenance contracts for technical systems with licensed specialist companies. Maintenance protocols must be presented to the Landlord at any time upon request.
2. If, in the case of necessary repairs or organizational services for which the Tenant is responsible, services are organized and processed by the Landlord's administration, the Landlord is entitled to charge an administration flat rate of € 80.00 net per working hour plus material costs.
3. Inadmissible or unprofessionally executed structural changes entitle the Landlord to terminate the contract without notice and to immediately demand the restoration of the original condition at the Tenant's expense.

§ 6 Liability of the Tenant and Insurance Obligation

1. The Tenant is liable for any damage to the rented property, the common parts of the building, or the property caused by them, their employees, customers, suppliers, subtenants, clients, or other persons entering the property with their knowledge or consent (extended vicarious liability, § 1313a ABGB).
2. The Tenant is obliged to take out and maintain customary business liability insurance (which expressly covers damage to rented property) with sufficient coverage (at least € 1,000,000.00) as well as contents insurance for their inventory for the duration of the tenancy. A copy of the insurance policy must be presented unprompted prior to key handover and upon each renewal or modification of the policy.
3. If the Tenant fails to comply with their insurance obligation, the Landlord is entitled to take out appropriate insurance at the Tenant's expense. The resulting premiums are considered incidental costs of the rental agreement.

§ 7 Keys and Access

1. Upon handover, the Tenant receives the number of keys documented in the handover protocol. The production of key copies without the written consent of the Landlord is prohibited.
2. In the event of the loss of a key, the Tenant must inform the Landlord immediately. The Tenant bears all costs for replacing the locking system, provided this is necessary for security reasons.
3. Upon termination of the tenancy, all keys must be returned to the Landlord. For each key not returned, a flat-rate compensation of € 150.00 must be paid, without prejudice to further claims (e.g. locking system replacement).

§ 8 Landlord's Right of Access

1. The Landlord or their agents are entitled to enter the rented property after timely advance notice (at least 48 hours in advance, except in cases of imminent danger) to: inspect the condition of the rented property, carry out necessary maintenance work on common parts, show the rented property to prospective buyers or subsequent tenants (the latter in the last 3 months before the end of the contract).
2. In cases of imminent danger (water leak, suspected fire, gas smell), the Landlord is entitled to immediate access without prior notice.

§ 9 House Rules and Common Areas

1. The Tenant undertakes to comply with the respectively valid house rules of the condominium owners' association (WEG) and to ensure that their employees, clients, and visitors also follow them.
2. The common parts of the property (stairwell, corridors, laundry room, drying room) may not be used as storage or parking spaces.
3. Violations of the house rules leading to complaints from co-owners or property management constitute a breach of contract and may, after an unsuccessful warning, lead to termination of the contract without notice.

§ 10 Fire Protection and Evacuation

1. The Tenant must use the rented property in such a way that no fire hazard arises. The storage of highly flammable, explosive, or environmentally hazardous substances in the rented property and in basement compartments is prohibited.
2. The Tenant is obliged to regularly maintain existing smoke detectors and keep them functional. Deactivating or removing the smoke detectors is prohibited.
3. The Tenant must ensure for their clients and employees that escape and rescue routes are freely accessible at all times.

§ 11 Cosmetic Repairs and Return

1. Upon termination of the tenancy, the rented property must be returned completely cleared, swept clean, in a fully functional condition, and with all original keys.
2. If the rented property was handed over freshly renovated (newly painted) upon move-in, the Tenant must professionally repaint it with white, breathable interior emulsion paint upon moving out.
3. Damage exceeding normal wear and tear must be eliminated or compensated by the Tenant at their own expense.
4. The return is documented by means of a joint protocol. If the Tenant fails to appear for the return appointment despite proper summons, the Landlord is entitled to unilaterally record the condition; this protocol is considered binding.

§ 12 Non-compete Clause

A non-compete clause in favor of the Tenant is not granted. The Landlord is entitled to rent other units in the same property or neighboring properties to tenants in the same or similar industries.

§ 13 Contractual Penalty

If the Tenant culpably violates essential contractual obligations (in particular unauthorized subletting, unauthorized structural changes, violation of the insurance obligation), the Landlord is entitled to demand a contractual penalty in the amount of two gross monthly rents. The assertion of any further damages remains unaffected.

§ 14 Data Protection (GDPR)

1. The Landlord processes the Tenant's personal data (company data, contact person data, payment data, correspondence) exclusively for the purpose of contract initiation, execution, and processing as well as for the assertion of legal claims (Art. 6 Para. 1 lit. b and f GDPR).
2. A transfer to third parties only takes place insofar as this is necessary for the performance of the contract (e.g. property management, tax consultant, lawyer, insurance, collection agency) or a legal obligation exists.
3. Data is stored for the duration of the tenancy and beyond that for the duration of statutory retention periods (in particular § 132 BAO: 7 years).
4. Data subject rights (information, correction, deletion, restriction, data portability, objection) can be asserted at any time at datenschutz@soluminvest.at.
5. Both parties undertake to treat all economic information and conditions that become accessible within the scope of contract execution confidentially.

§ 15 Final Provisions

1. Severability Clause: Should individual provisions of these AMB or the rental agreement be or become invalid, unenforceable, or incomplete, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, that legally permissible regulation which comes closest to the economic purpose of the invalid provision shall be deemed agreed.
2. Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with these AMB and the rental agreement based on them is the court with material jurisdiction for 6020 Innsbruck.
3. Legal System: Austrian law applies exclusively, excluding its conflict of laws rules (in particular UN Sales Law / CISG).
4. Right to Amend: The Landlord reserves the right to amend these AMB in the event of objective necessity (e.g. change in law, change in case law) with a reasonable advance notice period of at least 4 weeks. The amended AMB are deemed approved if the Tenant does not object in writing within 14 days after receipt.