The Liability Waiver For Rental Property is an essential document in Austrian property rental relationships, designed to clearly define and limit certain liabilities between property owners and tenants within the bounds of Austrian law. This document becomes necessary when establishing rental agreements for both residential and commercial properties, particularly in situations involving furnished properties, special facilities, or unique property features that may carry additional risk factors. The waiver must strictly comply with the Austrian Civil Code (ABGB), Tenancy Act (MRG), and Consumer Protection Act (KSchG), noting that certain liabilities, such as those relating to gross negligence or personal injury, cannot be waived under Austrian law. The document typically accompanies the main rental agreement and includes detailed property descriptions, condition reports, and specific provisions for property use and maintenance responsibilities.
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Key Requirements PROMPT example:
Liability Waiver For Rental Property
"I need a Liability Waiver For Rental Property under Austrian law for my luxury apartment complex in Vienna, which includes a gym and swimming pool, to be used starting March 2025; the waiver should specifically address liability related to these facilities and include multilingual provisions in German and English."
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1. Parties: Identification of the landlord/property owner and tenant(s), including full legal names, addresses, and any relevant registration numbers for legal entities
2. Background: Context of the rental relationship, reference to the main rental agreement, and purpose of this waiver
3. Definitions: Clear definitions of key terms used throughout the document, including 'Property', 'Liability', 'Damage', and scope of the waiver
4. Scope of Waiver: Detailed description of what liabilities are being waived, explicitly stating what is and isn't covered, with clear acknowledgment of non-waivable liabilities under Austrian law
5. Tenant Acknowledgments: Specific acknowledgments by the tenant regarding property condition, risks, and understanding of the waiver
6. Property Use Guidelines: Specific conditions and restrictions for property use that relate to the liability waiver
7. Insurance Requirements: Details of required insurance coverage for both parties
8. Duration and Termination: Period for which the waiver is valid, typically linked to the rental agreement duration
9. Governing Law and Jurisdiction: Explicit statement of Austrian law application and jurisdiction
10. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains in force
11. Signatures: Formal execution section including date and signatures of all parties
1. Special Facilities Waiver: Additional waiver provisions for properties with special facilities like pools, fitness equipment, or other amenities
2. Commercial Use Provisions: Additional provisions for properties permitted for partial commercial use
3. Third Party Access: Provisions regarding liability for guests, visitors, or service providers
4. Pet Provisions: Specific liability provisions related to pet ownership in the property
5. Furnished Property Provisions: Additional provisions for properties rented with furnishings
6. Natural Hazards: Specific provisions for properties in areas prone to natural hazards
1. Schedule A - Property Description: Detailed description of the rental property and any included facilities or equipment covered by the waiver
2. Schedule B - Property Condition Report: Detailed documentation of the property's condition at the time of waiver execution
3. Schedule C - Insurance Certificates: Copies of relevant insurance policies and certificates
4. Schedule D - Safety Instructions: Safety guidelines and emergency procedures for specific facilities or equipment
5. Appendix 1 - Photo Documentation: Photographic evidence of property condition and any pre-existing damage
6. Appendix 2 - Maintenance Records: Documentation of regular maintenance and safety checks for relevant facilities
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Property Operations Director
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