GENERAL TERMS AND CONDITIONS OF WE GMBH
we gmbh (hereinafter referred to as "We") concludes contracts exclusively according to the following general terms and conditions:
1.1 We offers accommodation to Guests against payment. The services offered by We are therefore accommodation-contracts.
1.2 "Guest": is a natural person who makes use of accommodation. The Guest is also the Contractual Partner.
2.1 The Guest makes a booking request to We, which can be done by email, online via we-rent-apartments.com or via other related websites (including booking.com etc.). In any case, the booking is confirmed by sending a reservation confirmation and requesting a deposit. The accommodation-contract shall be deemed concluded upon sending of the reservation confirmation.
2.2 However, the accommodation-contract is concluded under the condition that a deposit in the amount according to the booking (payment by credit card or bank transfer) is paid within five working days. If the deposit is not paid, the condition is not fulfilled and the contract is not legally effective. The deposit is partial payment on the agreed fee.
3.1 If more than 14 days lie between the reservation confirmation and the agreed arrival date for the booking of a single holiday apartment, the guest may cancel the booking free of charge.
For the booking of an entire chalet, cancellation is free of charge provided that more than 30 days lie between the reservation confirmation and the agreed arrival date. The 30-day period also applies to group bookings of 10 or more persons and to bookings of three or more apartments.
If the cancellation is made within the respective period stated above prior to the arrival date, free cancellation is no longer possible. In such case, the agreed remuneration shall become due in full.
3.2 The Consumer Protection Act and the Distance Selling Act are applicable.
4. Prices
4.1 The prices shown are daily prices for the rental of the booked accommodation (including furniture), whereby the consumption of water, energy, etc. is included. The first day is from 16:00 p.m. on the day of arrival to 10:00 a.m. on the following day; each subsequent day is always until 10:00 a.m. on the following day. All obligatory additional services, which are not included in the daily price - such as final cleaning and local taxes - will be explicitly stated in the reservation confirmation.
4.2 Non-mandatory additional services requested by the customer and possibly offered by We - such as additional cleaning, additional bed linen, pets, baby cribs, heating material, etc. - are not included in the daily price, but are also not stated in the reservation confirmation.
5. Service and Price Changes
5.1 Due to compelling external circumstances or force majeure, changes in price or service may occur on the part of We. If due to compelling external circumstances or force majeure after the conclusion of the contract price or service changes occur, that are not merely minor, the Guest may withdraw from the contract within three days of receipt of the notification free of charge. Payments already made will be refunded immediately. "Not merely minor" means the omission of a specific detail that makes the object in question stand out from others and makes it interesting for the Guest precisely because of this. Access restrictions, however, are expressly excluded from this.
5.2 The correction of obvious errors, e.g. due to printing and calculation errors, remains reserved.
6. Arrival and Departure, Shortening or Prolongation of the Stay
6.1 Arrival must be after 16:00 p.m. on the day of arrival, departure must be no later than 10:00 a.m. on the day of departure. Changes (e.g. later arrival or departure, extension or shortening of stay) are only possible in agreement with We. Without agreement with We, the entire price according to the booking shall be due in any case, even if the Guest does not completely make use the contractual services due to illness, traffic jam or other reasons for which We is not responsible.
6.2 The Guest is responsible for compliance with passport, visa, customs, foreign exchange and health regulations. If the the Guest is prevented from arriving for such reasons, this does not entitle the Guest to derive any legal consequences from this.
6.3 We is available by telephone daily until 20:00 p.m. In case of later arrivals, the possibility to communicate with We by phone is not guaranteed.
7. Dissolution of the Contract by We
We is entitled to cancel the contract in case of force majeure, pandemic, war, strike or similar important reasons. All payments made will be fully refunded to the Guest in this case.
8. Obligations of the Guest
8.1 Before taking over the keys or access codes, a deposit of EUR 400 (vacation apartments) and EUR 800 for chalets must be paid. Upon departure, the deposit will be returned to the Guest within 48 hours - after deduction of any costs in case of justified claims on the part of We. This period is exclusive of the processing time of the Customer's bank.
8.2 The accommodation may only be occupied by the intended number of persons (children and babies included). Additional persons may be refused by We or charged separately.
8.3 The accommodation and all its facilities must be used with care. The Guest is obliged to be considerate of neighbors and other Guests. The cleaning of kitchen equipment, dishes and cutlery is the responsibility of the Guest (and is not included in the final cleaning).
8.4 The Guest shall be liable to We for any damage culpably caused by him or other persons who accept services from We with the knowledge or will of the Guest. If damage is caused in the sense of the previous sentence, this must be reported to We immediately.
9. Complaints, Compensation
9.1 Information and descriptions are given by We to the best of our knowledge and belief, but without guarantee for correctness. In case of complaints the Guest has to contact We directly. Any defect or complaint must be reported immediately. Later complaints, which arrive only at departure or after departure, cannot be accepted.
9.2 If the accommodation is not in conformity with the contract, We shall endeavor to provide the Guest with an equivalent substitute accommodation. If this is not possible within a period of 5 working days, We shall compensate the Guest for any reduction in value, if culpable conduct is involved.
9.3 If the Guest is a consumer, the (compensation-) liability of We for slight negligence, with the exception of personal injury, is excluded. If the Guest is an entrepreneur, the liability of We for slight and gross negligence is excluded.
9.4 We is liable for brought-in objects according to §§ 970 et seq. ABGB. We shall only be liable if the items have been handed over to We or to people authorized by We or if they have been brought to a place instructed by We or designated for this purpose. If We does not succeed in proving this, We shall be liable for its own fault or the fault of its people as well as of the outgoing and incoming persons. However, pursuant to § 970 (1) ABGB, We shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers.
10. Chatbot
WeCon provides an AI-supported chatbot on its website for the purpose of general information, support, and communication with users. The chatbot automatically processes the content entered by the user in order to respond to inquiries and to evaluate the provided information in a context-related manner.
The user acknowledges that:
The user undertakes not to enter any sensitive personal data (in particular health data, data relating to criminal convictions, or bank and credit card information), unless expressly requested.
By using the chatbot, the user agrees to the processing of the data entered in accordance with the Privacy Policy.
The operator is entitled to analyze chatbot inquiries in anonymized or pseudonymized form for the purposes of analysis and improvement.
11. Internet Access
In vacation apartments, which have Internet Access, no liability is assumed for the function of the hardware and software. We also point out that there is no D-LAN connection and only W-Lan is offered.
12. Miscellaneous
12.1 With the conclusion of the contract, the consent to the data processing is given. The complete privacy policy can be viewed at the data privacy statement of we.
12.2 The place of performance and jurisdiction for all legal disputes arising from the legal relationship between the Guest and We is Zell am See. All legal relationships are exclusively subject to the provisions of Austrian Law.
12.3 Electronic declarations shall be deemed received if the party for whom they are intended can retrieve them under ordinary circumstances.