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This legal page has been translated automatically and may contain linguistic errors. Only the Romanian original version is legally binding.

Effective

Terms and Conditions

Terms and Conditions for Rental and Services

1. Scope and Contracting Parties

These General Terms and Conditions (GTC) apply to all contracts regarding the rental handover of apartments as well as to all related further services and deliveries of:

WOGENFELS S.R.L.
Strada PANSELELOR Nr. 1, Ap. 4, Bloc A4 / Scara A / ETAJ 1 / Apartament 4
305600 Sânnicolau Mare, Romania
Email: office@wogenfels.ro
(hereinafter referred to as the “Landlord”).

The contracting party is the respective tenant or guest (hereinafter referred to as the “Tenant”). Diverging provisions, including general terms and conditions of the Tenant, shall not apply unless the Landlord has expressly agreed to them in writing.

2. Subject Matter of the Contract and Booking

The Landlord provides the Tenant with furnished premium apartments (micro-apartments) in Timișoara, Romania. We offer both long-term rentals (standard) and short-term rentals under the so-called “hotel regime.”

All specific details such as the start of the rental period, rental duration, exact furnishings, rent, and utility costs are recorded in writing in the respective individual Rental Contract. The presentation of the apartments on the website does not constitute a legally binding offer but an invitation to submit a booking request. A contract (rental agreement) is only legally concluded upon mutual signature (digital form is also permissible).

3. Digital Contracts and Rentals from Abroad

We offer the possibility to conclude contracts via digital signature (usually bilingual, e.g., Romanian/English or Romanian/German).

4. Rent, Utilities, and Payment Terms

  1. Rent and Utilities: The rent agreed upon in the rental contract is binding. The rental contract explicitly governs which utility costs (e.g., electricity, water, internet, building maintenance) are included in the rent (“All-Inclusive”) or to be paid separately according to consumption or a flat rate.
  2. Due Date: For long-term rentals, unless otherwise agreed by contract, the rent must be transferred monthly in advance by the 5th working day of the current month to the corporate account of WOGENFELS S.R.L. specified in the contract.
  3. Default and Contractual Penalty: If the Tenant fails to meet their payment obligations on time, the Landlord is entitled to charge a contractual penalty of 0.5% of the due amount per day of delay until the payment is fully settled. This applies cumulatively to the right of extraordinary termination (Clause 8.3).

5. Security Deposit

To secure the Landlord’s claims resulting from the tenancy, particularly for possible damages to the apartment or furnishings, as well as for outstanding rent or utility payments, the Tenant must provide a security deposit before the keys are handed over.

  1. The amount of the deposit is specified in the rental contract. The apartment will only be handed over to the Tenant after full receipt of the deposit.
  2. If justified deductions are made from the deposit during the rental period, the Tenant is obliged to top up the deposit to the full amount within a maximum of 5 working days upon request.
  3. The deposit will be refunded to the Tenant within 30 days after termination of the tenancy, provided that all liabilities (rent, utilities, penalties) have been settled and the apartment has been returned in an agreed condition (except for normal wear and tear).

6. Rights and Obligations of the Tenant (Usage)

  1. Intended Use: The apartment may exclusively be used for residential purposes. Commercial use is strictly prohibited.
  2. Duty of Care: The Tenant is obliged to treat the apartment and the provided furnishings (furniture, appliances) carefully and diligently (according to Romanian law “like a good paterfamilias”). The inventory may not be removed from the apartment without the Landlord’s consent. Animals (pets) and smoking in the apartment are expressly prohibited.
  3. Maintenance and Repairs: The Tenant is obliged to carry out minor, daily maintenance repairs at their own expense and to repair damages caused by themselves, their flatmates, or visitors.
  4. Reporting Obligation for Structural Damages: The Tenant must inform the Landlord of the necessity for major repairs or structural damages (which fall under the Landlord’s responsibility) within a maximum of 2 days after becoming aware of them. Failure to do so makes the Tenant liable for resulting consequential damages.
  5. Duty of Tolerance during Repairs: In the event of defects, the Tenant has 15 working days after written request by the Landlord to repair damages they are at fault for. If they fail to comply, the Landlord is entitled to enter the apartment after 48 hours’ prior notice and have the repairs carried out at the Tenant’s expense. Furthermore, the Landlord or their designated representatives (e.g., in the event of a planned sale to third parties) must be granted access to the apartment after prior consultation.
  6. Subletting: Subleasing (especially re-renting as short-term Airbnb) or otherwise handing over the apartment to third parties (so-called arbitrage) is prohibited without prior express written permission from the Landlord. A violation will lead to immediate termination of the contract and eviction.

7. Short-Term Rental (“Hotel Regime”)

If an apartment is expressly rented for short-term rental (e.g., daily or weekly), the following provisions apply additionally:

  1. Registration Obligation: The Tenant and all fellow travelers must register with a valid ID document upon check-in, as the Landlord is subject to legal reporting obligations under the Romanian tourism law.
  2. Cleaning: A final cleaning fee will be added to the booking price unless otherwise agreed.

8. Contract Duration and Termination

  1. Ordinary Termination: The rental contract can be terminated by either party at any time by written notice with a notice period (Preaviz) of 60 days. This applies regardless of whether the contracts are fixed-term or open-ended.
  2. Extraordinary Termination by Law (Pact Comisoriu): In the event of unpaid rent or outstanding utilities of more than 15 working days, the contract shall be deemed terminated by law (Pact Comisoriu according to Art. 1553 Codul Civil) without further legal steps or prior notice.
  3. Extraordinary Termination with Notice: The contract will also be terminated after a written notification with a notice period of 15 calendar days if the Tenant:
    • uses the premises for purposes other than those specified in the contract,
    • repeatedly violates the agreed obligations (e.g., fails to top up the contractual penalty deposit),
    • sublets or assigns the apartment without permission,
    • fails to provide the agreed deposit or top-up on time.
  4. Executor Title (Titlu executoriu): According to Article 1798 of the Romanian Civil Procedure Code, the rental agreement constitutes an enforceable title regarding the payment of rent, utilities, and the eviction from the apartment in case of non-fulfillment of contractual obligations by the Tenant.

9. Liability of the Landlord and the Tenant

  1. Landlord’s Liability: The Landlord is liable for intent and gross negligence. For slight negligence, the Landlord is only liable in the event of a breach of essential contractual obligations and for damages resulting from injury to life, body, or health. The Landlord is not liable for items brought in by the Tenant unless proven fault applies.
  2. Tenant’s Liability: The Tenant is fully liable for all damages culpably caused to the apartment, the building, or the inventory by themselves, their flatmates, or visitors. The Tenant is advised to take out appropriate private liability insurance for the duration of the rental period covering damages to rented property.

10. Return of the Apartment

Upon termination of the tenancy, the apartment must be cleared by the Tenant and returned to the Landlord in a clean and compliant condition (taking into account normal contractual wear and tear), together with all handed-over keys. If the Landlord incurs costs due to necessary special cleaning or repairs that exceed normal wear and tear, these may be withheld from the security deposit.

11. Applicable Law and Jurisdiction

  1. The law of Romania applies to all legal relations between the parties, excluding the conflict of law rules of private international law.
  2. The place of jurisdiction for all disputes arising from or in connection with this contractual relationship is the competent registered office of the Landlord (Timiș Județ, Romania), provided the Tenant is a merchant, has no general place of jurisdiction domestically, or unless otherwise mandatorily prescribed by law. For consumers, the statutory places of jurisdiction apply.

12. Severability Clause

Should any individual provision of these GTC be invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable ruling whose effects come closest to the economic objective which the contracting parties pursued with the invalid or unenforceable provision.