Studentenhilfsverein in Linz – Gemeinnütziger Heimträger – Residence rules and regulations

These Student Residence Rules and Regulations form an integral part of the Resident Agreement and are published on the website of the Student Residence Operator at www.jk-heim.at.

Personal terms only used in the masculine form in these Rules and Regulations refer to women and men alike.

All provisions of the Austrian Student Residence Act (StudHG), Federal Law Gazette No. 291/1986, as amended, shall apply to the present Student Residence Rules and Regulations.

Titel I
Student Residence Operator

Art. 1 – General / Purpose

  1. The Johannes Kepler Student Residence in Linz-Auhof (Student Residence) built by the Studentenhilfsverein in Linz (Student Residence Operator) was opened in 1974 and financed by long-term loans, subsidies and donations from public and private sources (in particular by some Austrian Freedom Party university graduates).
  2. The exclusive and immediate purpose of the Studentenhilfsverein in Linz, a public-benefit and non-profit-making organisation, is to promote the welfare of students and to support them in the performance and completion of their studies. First and foremost, this goal is to be achieved through the foundation and operation of this Student Residence. Additionally, accommodation benefits, scholarships and similar benefits are granted, to the extent the Organisation’s funds allow such granting of benefits.

 

Art. 2 – General Assembly Meeting and Executive Committee

  1. At the General Assembly Meeting of the Studentenhilfsverein in Linz (hereinafter referred to as the General Assembly Meeting), an Executive Committee shall be elected from among the members of the Organisation in accordance with the statutes of the Organisation. This Executive Committee shall be comprised of the (Executive) Chairperson, his/her Deputy, a Secretary, a Treasurer and up to three other members. The Representative Body of the Student Residence shall also be a member of the Executive Committee and be entitled to attend its meetings and cast a vote.
  2. The Executive Committee of the Studentenhilfsverein shall be responsible for all events and activities relating to the Student Residence and shall represent both the Student Residence and the Organisation in all matters.
  3. The Management of the Student Residence shall be appointed by the Executive Committee of the Studentenhilfsverein in Linz. The Student Residence Management shall be authorised to issue regulations and orders to the employees and Residents of the Student Residence and is responsible for the proper management of the Student Residence.

 

Art. 3 – General Principles of the Student Residence’s Administration

  1. The Executive Committee shall be the relevant decision maker in all matters of financial management including the determination of the Accommodation Fees which are to be established in line with the provisions of the Austrian Student Residence Act (StudHG) following consultation with the Representative Body of the Student Residence, always taking into account its cost efficiency.
  2. For any special issues, the Executive Committee may form committees which should be comprised of at least three persons.
  3. The handling of all day-to-day business of the Student Residence shall be in the hands of the Student Residence Management, in regular consultation with the (Executive) Chairperson of the Organisation.

 

Titel II
Student Residence Year / Residents and Student Residence Assembly

Art. 1 – Student Residence Year

  1. All Student Residence Accommodations are allocated for 12 months at a time (= one Student Residence Year). The Student Residence Year begins on September 15 and ends on September 14 of the subsequent year.
  2. The winter semester begins on September 15 and ends at the end of February of the subsequent year. The summer semester begins on March 1 and ends on September 14.

 

Art. 2 – Residents

  1. All students and Residents of the Student Residence who have concluded a Resident Agreement are to be considered Residents of the Student Residence.
  2. For the duration of their regular admission to the Student Residence, all Residents of the Student Residence are members of the Student Residence Assembly and must strictly comply with all provisions of the present Student Residence Rules and Regulations and of the Resident Agreement concluded by them; Residents are required to ensure that the aforementioned provisions are duly observed.
  3. Each Resident of the Student Residence is hereby asked to contribute his/her share actively and free of charge to the promotion of a harmonious communal living experience at the Residence and to comply with the provisions of these Student Residence Rules and Regulations he/she is subject to. These Rules and Regulations are also available on the Student Residence’s website; Residents will receive their copy of the Resident Agreement immediately upon its conclusion.
  4. Each Resident is requested to exercise his/her right to vote at a meeting of the Student Residence Assembly to the best of his/her knowledge and belief.
  5. Residents of the Student Residence are requested to accept the position offered to them as a result of any ballot and to execute it conscientiously for the applicable term and always in the best interest of the Student Residence community.

 

Art. 3 – Meetings of the Student Residence Assembly

  1. The Student Residence Assembly shall meet at least once in the course of each Student Residence Year, preferably before November 15. The Student Residence Assembly shall be convened by the Student Residence Spokesperson who must announce the agenda of the meeting at least 8 days in advance by posting it in the foyer and distributing it by e-mail.
  2. Should more than one third of the Residents or the Executive Committee of the Studentenhilfsverein in Linz request an (extraordinary) meeting of the Student Residence Assembly in writing, stating a particular reason for the request, the corresponding meeting shall be convened and held within 8 days. Such an extraordinary Student Residence Assembly meeting must not be held later than two weeks before the beginning of major holidays and not earlier than two weeks following the beginning of a semester.
  3. Among the duties of the Student Residence Assembly is the acceptance of the statement of accounts composed by the Student Residence Spokesperson or the Representative Body of the Student Residence, as the case may be, and to deliberate on this statement of accounts as well as on any suggestions and complaints the Residents of the Student Residence may have, should the circumstances require it.
  4. Once a year, at the beginning of the winter semester and in any event within the first three months of each Student Residence Year, the Student Residence Assembly shall elect the Representative Body of the Student Residence (Student Residence Spokesperson, Deputy Spokesperson and Floor Spokesperson). The candidates must be Residents of the Johannes Kepler Student Residence as well as degree students.
  5. The election of a new Student Residence Spokesperson and his/her Deputy shall be organized by the incumbent Student Residence Spokesperson or his/her Deputy. These persons shall also collect all election proposals and publish them no later than 24 hours prior to the beginning of the Student Residence Assembly meeting.
  6. For the duration of the deliberations concerning election proposals and the ballots, a person present at these deliberations shall be appointed Chairperson and preside over the meeting of the Student Residence Assembly.
  7. The election of the Representative Body of the Student Residence shall be conducted for a maximum period of two Student Residence Years, with re-election being permissible. This election shall be held individually, by secret ballot and in writing. The votes shall be counted and announced by the Election Committee without delay. A simple majority of the votes cast shall decide the outcome of such elections. The Student Residence Management must be notified of the election results in writing.
  8. Every Resident shall have one seat and one vote in the Student Residence Assembly meeting. All Residents are asked to attend these meetings.
  9. At the request of at least half of the Residents of a given floor, an extraordinary floor meeting is to be held.

 

Art. 4 – Representative Body of the Student Residence

  1. The Representative Body of the Student Residence is a collegial body and shall be comprised of the Chairperson (Student Residence Spokesperson), his/her Deputy and the Floor Spokespersons.
  2. The Representative Body of the Student Residence is responsible for all issues regarding the communal living experience of the Residents as well as the organisation of services provided by the Student Residence and internal events.
  3. According to Art. 7, Para. 3, No. 6 Austrian Student Residence Act (StudHG), the Representative Body of the Student Residence shall adopt its own Rules which shall in particular regulate:
    – the number of members of the Representative Body of the Student Residence;
    – the beginning and duration of the term of office of the members of the Representative Body of the Student Residence;
    – the procedure for electing the members of the Representative Body of the Student Residence, taking into account the principle of universal, equal and secret suffrage; the procedure for electing the Chairperson and any floor or group representatives;
    – the bodies representing the Residents of the Student Residence (e.g., Student Residence Assembly, floor or group assembly, Representative Body of the Student Residence, floor or group representatives);
    – the powers of the Chairperson and any Deputy Chairperson; the Chairperson is in any case responsible for external representation, the management of current business and the handling of urgent matters;
    – the procedure for convening meetings, the preparation of the agenda, the submission of motions, the voting procedure and the taking of minutes of meetings.
  4. The Representative Body of the Student Residence shall decide by a simple majority of votes; in the event of a tie, the Chairperson has the casting vote. Furthermore, it is the task of the Representative Body of the Student Residence to examine suggestions and complaints of the Residents of the Student Residence, as well as to pay attention to the observance of the Student Residence Rules and Regulations and the maintenance of discipline in the Student Residence and to report violations to the Student Residence Management for further action.
  5. During its term of office, the Representative Body of the Student Residence shall be a member of the Executive Committee of the Studentenhilfsverein in Linz (Student Residence Operator), participate in its meetings and have the right to vote in all elections.
  6. The Student Residence Operator shall support the establishment and activities of the Representative Body of the Student Residence by providing it with suitable premises for fulling its duties as far as possible, but in any event with suitable facilities for the safekeeping of documents. Should the Representative Body of the Student Residence require certain premises of the Student Residence for its deliberations, it shall notify the Student Residence Management of this requirement no later than 5 working days in advance so that the Student Residence Management can fulfil its obligation to support the Representative Body of the Student Residence accordingly and provide the required premises in due time.
  7. In the event that no Representative Body of the Student Residence has been elected, the Student Residence Operator may adopt all measures for which the involvement of the Representative Body of the Student Residence has been stipulated.

 

Titel III
Student Residence Accommodations / Communal Life (Student Residence Regulations)

Art. 1 – Admission and Allocation of Accommodations at the Student Residence

  1. Admission to the Student Residence is based on a written application sent to the Student Residence Management by means of an electronic contact form. The contact form is available on the website of the Student Residence Operator – www.jk-heim.at. There is no application deadline.
  2. As a result of the conclusion of the Resident Agreement, the Resident is considered to be admitted to the Student Residence.
  3. When allocating each bed, consideration shall be given to, among other things, academic achievement and distance from the place of study. The following evidence must be provided by new entrants to the Student Residence:
    – Confirmation of enrolment or proof that the student is at the examination stage;
    – Copy of passport or identity card.
  4. Additionally, all Residents are obliged to have the Johannes Kepler Student Residence registered as their primary or secondary place of residence within 3 days of moving in; this obligation also applies, mutatis mutandis, to Residents moving out of the Student Residence. Residents are responsible for registering and de-registering themselves.
  5. Furthermore, all Residents are obliged to provide the Student Residence Management with an e-mail address and a telephone number upon moving in. The Student Residence Management has the right to send written notifications to this e-mail address, with said notifications to be considered delivered until the Resident notifies the Management of a new e-mail address, always provided the Resident does not expressly object to this.
  6. Accommodations in the Student Residence (rooms) shall be allocated by the Student Residence Management; there is no actual entitlement to a specific room (specific location, floor, furnishings, etc.). The rate of the applicable Fees for all Student Residence Accommodations (rooms) shall be the same. Any differences in fees will only be based on the number of persons occupying the Student Residence Accommodation (room) in question (single/double room).

 

Art. 2 – Student Residence Accommodations / Communal Facilities

  1. Depending on the selected room type, a Student Residence Accommodation includes:
    •  Single/double room with kitchenette: room size 25-27 sqm;
      Room facilities in general: bed(s) with storage space including bed linen (regular change); mobile, height-adjustable dining table; rubbish bin (emptied weekly); internal phone; large desk by the window incl. swivel chair; power sockets and LAN connection (without LAN cable); as well as sufficient storage space and shelves (wardrobe, bookshelves, cork pin board);
      Bathroom (wet room): shower including shower stall squeegee; toilet (incl. toilet paper holder, toilet brush & holder); washbasin; mirrored cabinet with storage space; power sockets; towel rail;
      Kitchenette: small ceramic hob; sink; enclosed storage space; drawers incl. cutlery drawer; energy-saving fridge with freezer compartment; rubbish bin; power sockets; worktop; dishtowel rail;
    •  Single/double room with a small kitchen: room size 25-27 sqm;
      General room facilities: bed(s) with storage space including bed linen (regular change); mobile, height-adjustable dining table; rubbish bin (emptied weekly); internal telephone; large desk by the window incl. swivel chair; power sockets and LAN connection (without LAN cable);
      Bathroom (wet room): shower including shower stall squeegee; toilet (incl. toilet paper holder, toilet brush & holder); washbasin; mirrored cabinet with storage space; power sockets; towel rail;
      Small kitchen: closed storage space; drawers incl. cutlery drawer; energy-saving fridge with freezer compartment; rubbish bin; power sockets; worktop; dishtowel rail as well as a large communal kitchen incl. an oven, various electronic kitchen appliances and a cosy dining area with cable TV in the immediate vicinity of the room (same floor).
      * Should the Resident choose one of the two available shared apartments, each of the two flatmates shall have a single room without kitchenette; apart from these single rooms, the apartments include a shared bathroom as well as a kitchenette and a dining area in a shared living room. All provisions applicable to single or double rooms shall be applied, mutatis mutandis, to both Residents of a shared apartment.
  2. In addition, the following communal facilities are available to the Residents free of charge:
    • aula (incl. TV);
    • fitness room;
    • music room;
    • games room (table tennis, darts and table football);
    • two study rooms;
    • drying room for laundry;
    • garden/terrace;
    • bicycle cellar and bicycle parking spaces outside;
    • all free car parking spaces are available subject to availability and until further notice.

 

Art. 3 – Payment Modalities / Deposit

  1. For the entire term of the Resident Agreement, the Accommodation Fee shall be collected from the account provided by the Resident by means of a direct debit order/SEPA direct debit mandate on the 5th of each calendar month.
  2. Within 14 days of signing the Resident Agreement, each Resident shall advise the Student Residence Management of a bank account for the purpose of a direct debit order/SEPA direct debit mandate.
  3. The Resident is obliged to ensure that there are sufficient funds in the account.
  4. A Deposit payment in the amount of EUR 500.00 is to be made at the start of the Agreement.
  5. The Deposit will be returned following the end of the Agreement according to Item 7 upon an orderly surrender of the Accommodation according to Art. 4. If a Representative Body of the Student Residence has been established, the annual interest accruing on the Deposit shall be forwarded to the Representative Body of the Student Residence, to be used exclusively in the interest of the community of Residents in accordance with Art. 14 Para. 2 Austrian Student Residence Act (StudHG). In the event that no Representative Body of the Student Residence has been established, the Deposit plus the interest earned from its investment shall be returned to the Resident.
  6. In the event of readmission, the Deposit will be retained for reasons of expediency, so that the Student Residence Operator does not have to return the Deposit and the Resident of the Student Residence subsequently does not have to re-pay the Deposit in the same amount.
  7. As a matter of principle, the Deposit shall be returned, i.e., paid out, to the Resident by the Student Residence Operator without delay following the end of the Agreement and after the Resident has submitted a proof of deregistration to the Student Residence Management, in any case no later than 14 days after submission of such proof of deregistration.

 

Art. 4 – Orderly Surrender

  1. For a surrender of the Student Residence Accommodation to be considered orderly, Residents of the Student Residence are required to treat all furnishings and common facilities with proper care.
  2. In the course of moving out and the surrender of a room to the Student Residence Operator, the Resident’s room shall be inspected accordingly. Upon return or surrender of the Student Residence room, the Resident is not required to compensate the Student Residence Operator for ordinary signs of use.
  3. Any demonstrable gross damage, soiling beyond normal use or missing room furnishings attributable to Residents will be deducted from the Deposit as justified claims by the Student Residence Operator.
  4. Any repair or replacement costs in excess of the Deposit with regard to demonstrable gross damage, soiling beyond normal use or missing room furnishings attributable to Residents will be invoiced to them separately.

 

Art. 5 – Room Rules

  1. Upon moving in or after a longer absence, the Resident must run hot water through the tap for a few minutes before showering or drinking water for the first time.
  2. Rooms must be kept tidy at all times. The Residents are obliged to treat the inventory of the rooms and all other rooms with the greatest possible care, to avoid soiling and to report any damage or loss immediately. All defects or damage must be reported immediately to the secretary’s office and entered in the folder provided for this purpose.
  3. Rubbish is to be disposed of properly (observe waste separation) and exclusively in the containers provided. The door to the waste disposal area is opened by the chip key.
  4. All Residents are called upon to be careful in their use of energy and water.
  5. Ventilation valves in the kitchen and bathroom as well as the motion detector in the bathroom must not be adjusted. Any irregularities must be reported immediately to the secretary’s office.
  6. When cleaning the ceramic hob, care must be taken to ensure that no water runs into the operating switches.
  7. The drying of laundry in the rooms is prohibited due to the additional moisture load. For drying their laundry, the Residents must use the dryers in the laundry rooms or the drying room in the WEST wing. Due to the high humidity in the warm season, drying the laundry in the drying room is not recommended during this period, as the laundry does not dry, generating foul odours. Alternatively, the rotary dryers in the garden can be used.
  8. All electrical appliances operated by the Residents must comply with the applicable legal safety regulations. All chargers must be unplugged from the socket when leaving the room.
  9. The keeping of small animals that are customarily kept as pets in apartments is only permitted in containers appropriate to the species and, if necessary, with the consent of the room partner of the respective double room. In the event of any incompatibilities or allergies on the part of their room partners, Residents must refrain from keeping animals in consideration of health concerns.

 

Art. 6 – Maintenance Cleaning / Repairs

  1. 1. Maintenance cleaning of the rooms is carried out weekly (see notice board in the Student Residence). On this day, all surfaces (especially in the bathroom and kitchen) must be cleared.
  2. 2. Access for cleaning or repair work must be granted to persons authorised by the Student Residence Operator after prior announcement. This announcement is to be made in writing at least 48 hours in advance. In order to avert imminent danger, no notice is required prior to entering a particular Accommodation in the Student Residence.

 

Art. 7 – General Rules of Conduct and Use of the Student Residence

  1. Every Resident must behave in such a way that other persons are not disturbed.
  2. Residents are advised to familiarise themselves with the fire safety regulations. In particular, when using the common rooms, the general safety and order regulations, which are posted in the Student Residence, must be observed.
  3. All communal facilities (including the hall and buffet area) are available to the Residents of the Student Residence free of charge. Free use – with the exception of the music room – is possible at any time of the day or night. The chip key opens the doors. The Residents of the Student Residence must ensure that these facilities are kept in an orderly condition, i.e., left clean. The use of the lecture halls (not common rooms) requires special permission from the Student Residence Management.
  4. The music room can only be used with a separate access authorisation. Access hours are daily from 8 a.m. to 10 p.m.
  5. Washing machines and tumble dryers are located on floors 1 to 4 in the east wing. The required tokens are available at the secretary’s office for a fee. Detergents, utensils and laundry must not be stored in the laundry rooms.
  6. The night-time quiet period is from 10 p.m. to 6 a.m. Any repeated gross violations of the night-time quiet period will be considered gross offences against the Student Residence community.
  7. All fire safety regulations must be complied with. For fire protection and safety reasons, all corridors and the staircase must remain free as escape and rescue routes.
  8. Should the emergency call button in the lift be pressed by mistake, Residents must wait until a voice connection has been established.
  9. Parcels or registered letters will not be accepted by the secretary’s office. In case of absence, a deposit receipt will be placed in the post box. Items that are delivered by mail will be placed in the post reception boxes in case of absence (these are located in the WEST wing / ground floor / intermediate corridor).
  10. Bringing weapons into the Student Residence is not permitted.
  11. Smoking is absolutely prohibited in the entire Student Residence. Consequently, smoking is strictly prohibited in all common areas and rooms. Smokers can use the smoking area surrounding the standing ashtrays in front of the entrance, the open areas and the terrace. Cigarette butts must be disposed of in the standing ashtrays.
  12. The use of open lights and fire is prohibited in the entire Student Residence.
  13. Only internal and emergency calls are possible with room telephones (European emergency call: 112, fire brigade: 122, police: 133, ambulance: 144). Room telephones must not be unplugged, and accessibility in case of emergency as well as for the delivery of packages must be ensured.
  14. The office hours of the Student Residence Management are from Monday to Friday (workdays only). The current office hours are always indicated on the information sign next to the secretary’s office door. Outside office hours, the Student Residence Management is only to be contacted in emergencies. On bridge days and between December 24 and January 6, the office of the Student Residence Management is not staffed.

 

Art. 8 – Access / Locking System

  1. It should be noted that there is no continuous monitoring of access to the Residence. Therefore, the room doors and room windows are to be kept closed during absence.
  2. Both main entrance doors are to be kept closed. From Monday to Thursday between 5 p.m. and 7 a.m. and Friday from 1 p.m. to Monday 7 a.m., the doors are automatically locked and alarmed. On weekends and public holidays, the doors are generally locked day and night. During these times, you can only enter the building with the chip key.
  3. Every Resident returning home during the night must close the two main entrance doors conscientiously. The main entrance doors are not to be impaired in their functionality and must not be obstructed, blocked or manipulated in similar ways. Any kind of tampering will be considered a gross offence against the Student Residence community.
  4. All escape doors to the outside staircases are to be kept closed at all times and must only be opened in case of emergency. These doors shall not be impaired in their function and shall not be obstructed, blocked or manipulated in similar ways. Any kind of tampering will be considered a gross offence against the Student Residence community.
  5. In the event of loss of a chip key or mailbox key, the Student Residence Management must be notified without delay. In case of loss of the chip key outside office hours, on weekends, public holidays or during a company holiday, the company Genia GmbH is to be contacted for its unlocking & key service (24h emergency service): 0732 / 70 00 11.

 

Art. 9 – Events

  1. For all Student Residence events and communal events of the Residents, the Representative Body of the Student Residence (always provided that such a Body has been elected) will exercise all domiciliary rights in agreement with the Student Residence Management. It shall ensure that the good reputation of the Student Residence is maintained on such occasions.
  2. As a matter of principle, only invited guests are admitted to events at the Student Residence.
  3. As a general principle, all community events organised by Residents can only take place in the common rooms and require the approval of the Student Residence Management. In agreement with the Student Residence’s Spokesperson (always provided that a Spokesperson has been elected), the Management shall also determine the duration of the event and the cleaning required after it. The Student Residence staff must be informed in good time. All rooms used are to be returned by the organisers of events no later than at 6 a.m. in a condition that guarantees ordinary cleaning. A responsible person must be nominated for each event in advance.
  4. For all events, the general safety and order regulations posted at the Student Residence must be complied with.

 

Art. 10 – Rights of the Residents

  1. All Residents shall have the following unrestricted rights:
    – the right to both enter and leave the Student Residence in which the respective Student Residence Accommodation is located at any time;
    – the right to keep the room in which the Student Residence Accommodation is located locked at all times. For cleaning or repair work, access shall be granted to persons authorised by the Student Residence Operator after prior notice. The announcement must be made in writing at least 48 hours in advance. In order to avert imminent danger, no notice to this effect shall be required prior to entering an Accommodation;
    – the right to receive visits by other Residents as well as Non-Residents without hindrance in accordance with the provisions of these Rules and Regulations;
    – the right to alter the Accommodation and to operate electrical appliances in accordance with the provisions of these Rules and Regulations.
  2. If a Resident does not occupy a single room, the aforementioned rights shall be exercised by both Residents of the respective double room in compliance with the principle of mutual agreement.

 

Art. 11 – Non-Residents

  1. As far as visits to double rooms are concerned, the consent of the other Resident must be sought.
  2. Non-Residents may stay overnight for occasional, spontaneous, one-off or unplanned individual visits.
  3. Regular overnight stays or overnight stays lasting several days require prior notification of the Student Residence Management. In the case of regular overnight stays or overnight stays lasting several days, the visiting Non-Resident must pay an overnight fee of EUR 15.00 per night against receipt of bed linen on loan.
  4. Residents are expressly forbidden from permitting third parties the use of their rooms or subletting their rooms in whole or in part.
  5. Passing on chip keys to third parties is strictly prohibited.

 

Art. 12 – Outdoor Facilities

  1. Passenger cars may only be parked in the Student Residence’s own car park if the Resident of the Student Residence in question has a valid parking permit card, to be visibly attached behind the windscreen. This parking permit card can be obtained from the secretary’s office. Any misuse, parking in traffic areas, obstructing truck access (e.g., fire brigade, refuse collection, supply vehicles, etc.) or parking in areas not marked as parking spaces may be punished by withdrawal of the parking permit. Any driver who parks a vehicle without a parking permit in the Student Residence car park or parks in a way that obstructs traffic will be subject to a charge of trespassing.
  2. Only passenger vehicles and two-wheelers with official registration plates may be parked in the designated areas. All parking regulation provisions must be strictly observed. In the event of an emergency, all areas necessary for the rescue of people and ongoing fire-fighting operations must be kept clear.
  3. The washing of motor vehicles and two-wheelers is prohibited in the entire outdoor area of the Student Residence, as is the carrying out of service and repair work.
  4. Bicycles may only be parked in the areas designated for this purpose (not in the room, staircase, corridor, etc.).
  5. Bicycles must be visibly marked with the name of the Resident. Appropriate labels are available in the secretary’s office. Bicycles not assignable to a particular Resident will be disposed of during the summer holidays.
  6. All outdoor areas including fixtures and green spaces must be treated with care.

 

Art. 13 – Data Privacy

  1. Pursuant to Art. 4 No. 1 GDPR, and insofar as required to fulfil the Student Resident Operators’ tasks, Student Residence Operators as well as the processors commissioned by them shall have the right to process personal data of the Residents, in particular their names, address data, photos for the purpose of identification and data for establishing contact via electronic means, and, if necessary, to transmit such data to the Representative Body of the Student Residence and the mediator of the Student Residence in question, to the extent that this is necessary to conduct the election of the Representative Body of the Student Residence, to perform the tasks of the Representative Body of the Student Residence and to conduct mediation procedures.
  2. The Representative Body of the Student Residence shall have the right to process personal data of Residents in accordance with Art. 4 No. 1 of the GDPR and to transmit such data to the mediator of the Student Residence concerned to the extent necessary for the implementation of mediation procedures.
  3. The Residents of the Student Residence have the right to have their data deleted at any time and are entitled to revoke their consent to the processing of their data whenever they wish. Residents may exercise this inalienable right at any time.
  4. All Residents have the right to be informed about the processing of their data, its purpose, origin, the estimated storage period and retention at any time as long as such imparting of information does not involve disproportionate effort and always provided that such requests do not violate existing law.
  5. If Residents choose to exercise this right and the Student Residence Operator is thus no longer able to fulfil its statutory obligations as a consequence, all associated disadvantages shall be borne by the Residents.
  6. The right of the Student Residence Operator to continue storing the data required for the fulfilment of its statutory obligations, for statistical purposes or because of public or legal interests, in particular in the interest of defence against possible claims, shall remain unaffected by such a deletion of the data of Residents, the revocation of their consent or their wish for deletion. To this end, the Residents have already been advised that (at least in Austria) the retention period for tax purposes according to Art. 132 Para. 1 Austrian General Fiscal Code (BAO) is at least 7 years and that all personal data of the Residents must be made accessible to the competent tax authorities. Under civil law, the limitation periods span 3 to 30 years, while limitation periods according to criminal law can be significantly longer. Therefore, even longer retention periods shall remain reserved under this Agreement.
  7. Any data processing must be carried out in accordance with the European General Data Protection Regulation (GDPR).
  8. In all other respects, the provisions of Art. 17 Austrian Student Residence Act (StudHG) shall apply.

Titel IV
Miscellaneous

  1. Residents must comply with all obligations arising from the Austrian Student Residence Act (StudHG), the Resident Agreement and these Student Residence Rules and Regulations.
  2. The present Student Residence Rules and Regulations were unanimously adopted (i.e., by mutual agreement with the Representative Body of the Student Residence, see Title I Art. 2 Item 1.) by the ordinary General Assembly Meeting of the Studentenhilfsverein in Linz on October 16, 2021, replacing the 2019 Student Residence Constitution, the 2019 Student Residence Rules and Regulations as well as all previously applicable Student Residence provisions. These Student Residence Rules and Regulations shall enter into force on November 1st 2021.
  3. These unanimously adopted Student Residence Rules and Regulations can only be amended via a resolution of the Student Residence Assembly adopted by a two-thirds majority and in express agreement with the Executive Committee of the Studentenhilfsverein in Linz.