General conditions

Cookie policy

Privacy policy

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:

Contracting Party / Type of Service

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.

Conclusion of Contract

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.

Cancellations

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:

communication with the chatbot is automated,
no individual legal, tax, or other professional advice is provided in specific cases, and
the information provided is non-binding and does not constitute legally binding declarations.

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.

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PRIVACY INFORMATION for Guests

We take our responsibility for the processing of your personal data very seriously. We process your personal data exclusively in compliance with the applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and Austrian data protection law. We take the necessary technical and organisational measures to protect your data against unauthorised access, loss, misuse or any other unlawful processing.

This Privacy Information explains how we process your personal data.

The controller responsible for the processing described herein is:

we gmbh
Flugplatzstraße 52
5700 Zell am See
legal@we.rent
+43 505383800

1. Where does the personal data we process come from?

We process data that you provide to us in connection with a booking enquiry, reservation or accommodation.

Data may also originate from:

persons travelling with you or the person making the booking;
tour operators;
booking platforms;
the property owner;
payment service providers;
service providers involved in the management or servicing of the property;
persons reporting damage, complaints or other incidents.

2. Which categories of personal data do we process?

Depending on the specific booking and its processing, the following data may be processed:

name;
contact details;
billing and payment data;
booking, arrival and departure data;
number of guests;
information about the booked property;
communication data;
information regarding special requests and additional services;
information regarding damage, complaints and claims;
deposit and reimbursement data;
legally required registration data;
data concerning consent and withdrawal of consent;
technical data when using online portals or digital check-in procedures.

3. For which purposes and on which legal bases is processing carried out?

We process your personal data only where a legal basis exists. Processing is carried out in particular for the following purposes:

Booking enquiry and conclusion of contract

We process your data in order to handle your enquiry and reservation and to conclude and perform the brokerage and accommodation agreement.

This includes in particular:

processing the booking enquiry;
confirming the reservation;
processing payments;
communicating before, during and after the stay;
organising check-in and check-out;
processing cancellations and changes;
organising cleaning and property management;
handling deposits;
processing complaints and damage claims.

The legal basis is Article 6(1)(b) GDPR, insofar as the processing is necessary for the performance of a contract or for taking steps prior to entering into a contract.

Legal obligations

We process your data insofar as this is necessary to comply with legal obligations, in particular for:

accounting and financial reporting;
tax purposes;
statutory retention requirements;
reports and information provided to public authorities;
legally required documentation and record-keeping obligations.

The legal basis is Article 6(1)(c) GDPR.

Legitimate interests

We also process your data insofar as this is necessary for the purposes of legitimate interests, in particular for:

IT and data security;
prevention of misuse;
documentation of damage;
handling complaints;
preservation of evidence;
enforcement or defence of legal claims;
quality control and improvement of processes.

The legal basis is Article 6(1)(f) GDPR.

Marketing

For our own marketing activities, we process your data only where an appropriate legal basis exists. Depending on the communication channel, separate consent may be required.

If you have expressly subscribed to our newsletter or electronic advertising, processing is based on your consent pursuant to Article 6(1)(a) GDPR.

Where permitted by law, we may inform existing customers about our own similar services on the basis of our legitimate interest in direct marketing pursuant to Article 6(1)(f) GDPR.

You may object to the processing of your data for direct marketing purposes at any time. If you object, your personal data will no longer be processed for direct marketing purposes.

Franchise system, quality assurance and system administration

We operate our business as part of a franchise system. The franchisor is:

we gmbh
Flugplatzstraße 52
5700 Zell am See
legal@we.rent
+43 505383800

As the franchisee, we generally process guest data for our own contractual and organisational purposes.

The franchisor processes data for its own purposes, in particular for:

administration of the franchise system;
management of the franchise agreement;
central quality assurance and billing processes;
IT and system security;
compliance with its own legal obligations;
its own marketing activities, insofar as a legal basis exists.

If the franchise agreement ends and the franchisor continues the business relationship with you, the provisions of this Privacy Information shall otherwise continue to apply to the franchisor.

Depending on the processing activity, the legal basis is Article 6(1)(b) GDPR, insofar as processing is necessary for the performance of a contract; Article 6(1)(f) GDPR, insofar as legitimate interests exist in maintaining a consistent, secure and efficient franchise system; or Article 6(1)(a) GDPR, insofar as consent is required.

4. What are the consequences if we are unable to process your data?

Within the framework of an existing or prospective contractual relationship, certain personal data must be processed so that we can fulfil our contractual obligations and provide our services to you. Otherwise, the contract cannot be performed.

The provision of data for newsletters, electronic advertising or certain voluntary additional services is voluntary. If you do not provide such data or withdraw your consent, we will no longer be able to provide you with these voluntary information services or additional services.

5. How long will your data be processed?

We store personal data only for as long as necessary for the respective purposes or for as long as statutory retention obligations, limitation periods, evidentiary interests or ongoing proceedings require longer storage.

As a general rule, the following retention periods apply:

Type of data	Retention period
Contract and booking data	For the duration of the contract and thereafter until the expiry of statutory retention, warranty, limitation or evidentiary periods
Invoice, payment and accounting data	In accordance with statutory retention obligations
Marketing data	Two years after the most recent customer contact, unless an objection or withdrawal of consent occurs earlier
Objections to advertising	For as long as necessary to ensure that the objection is permanently respected

In addition, data may be processed until the conclusion of any legal disputes if it is required as evidence.

6. Will your data be disclosed to third parties?

We disclose personal data only where there is a legal basis for doing so and where the disclosure is necessary for the respective purposes.

Recipients of personal data may include in particular:

the franchisor and entities connected with the franchise system, insofar as this is necessary for system operation, quality assurance, administration or contractual purposes;
IT service providers, software providers, hosting providers and app or booking system providers;
payment service providers, banks and debt collection service providers, insofar as necessary for payment processing or debt recovery;
tax advisers, auditors and accounting service providers;
lawyers, courts, authorities and other public bodies;
insurance companies, insofar as necessary for the handling of claims;
trainers, freelance staff or other persons engaged in the performance of services, insofar as necessary for service provision;
marketing and communications service providers, insofar as necessary for permitted advertising or newsletter distribution;
maintenance and security service providers, insofar as necessary for rental operations, access systems or security measures.

Personal data is not transferred outside the European Union or the European Economic Area.

7. Consent, right of withdrawal and age restriction

Consent and withdrawal

Where the processing of personal data is based on your consent, you may withdraw that consent at any time with effect for the future.

Consent may in particular be withdrawn:

by email to: legal@we.rent
in writing to: Flugplatzstraße 52, 5700 Zell am See
via an unsubscribe link in a newsletter, where available;
via the relevant functions provided in an app or customer portal, where available.

The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent prior to its withdrawal.

Following withdrawal, the data concerned will be deleted or anonymised unless another legal basis exists for further processing, in particular statutory retention obligations or legitimate interests relating to evidence and legal defence.

8. What rights do you have?

Subject to the statutory requirements, you have the following rights:

right of access pursuant to Article 15 GDPR;
right to rectification pursuant to Article 16 GDPR;
right to erasure pursuant to Article 17 GDPR;
right to restriction of processing pursuant to Article 18 GDPR;
right to data portability pursuant to Article 20 GDPR;
right to object pursuant to Article 21 GDPR;
right not to be subject to a decision based solely on automated processing, insofar as the statutory requirements are met.

In particular, you have the right to object at any time to the processing of personal data concerning you where the processing is based on Article 6(1)(f) GDPR. Where your data is processed for direct marketing purposes, you have the right to object in any event. If you object to direct marketing, your personal data will no longer be processed for direct marketing purposes.

To exercise your rights, you may contact us at:

we gmbh
Flugplatzstraße 52
5700 Zell am See
legal@we.rent
+43505383800

9. Right to lodge a complaint with the data protection authority

If you believe that the processing of your personal data infringes data protection legislation or that your rights under data protection law have been violated, you have the right to lodge a complaint with the competent supervisory authority.

Austrian Data Protection Authority
Barichgasse 40–42
1030 Vienna
Email: dsb@dsb.gv.at
Website: https://www.dsb.gv.at/

10. Automated decision-making and profiling

As a general rule, we do not use decisions based solely on automated processing that produce legal effects concerning you or similarly significantly affect you.

Where analyses are carried out using digital systems, apps, customer portals, training software or marketing tools, these generally serve the administration, improvement, personalisation or promotion of our services. Such processing does not result in an automated individual decision with significant legal effects unless we inform you separately.

11. Data security

We take appropriate technical and organisational security measures to protect personal data against loss, misuse, unauthorised access, unauthorised disclosure, alteration or destruction.

Depending on the processing activity, these measures include in particular:

access restrictions and authorisation concepts;
password and authentication measures;
encryption or secure transmission, where appropriate;
logging of security-relevant activities;
staff training and confidentiality obligations;
careful selection and monitoring of service providers;
safeguarding of IT systems and data;
regular review of the measures implemented.

12. Changes to this Privacy Information

We reserve the right to amend this Privacy Information where this becomes necessary due to legal, technical or organisational changes.

13. Website Use, Online Portals and AI Chatbot

In addition, we process personal data when you use our website, online portals or other digital services.

This includes, in particular, technical data generated during use (e.g. IP address, date and time of access, pages accessed, browser type and version, device data, cookies and comparable tracking technologies), as well as data that you enter via online forms, owner portals or other digital functions.

These data are processed for the following purposes:

provision and display of the website and online portals;
ensuring IT and data security, in particular to prevent misuse and safeguard systems;
statistical analysis for the purpose of improving our services;
processing enquiries submitted via contact forms or digital communication channels;
organisation and administration of bookings, payouts and other services for property owners via digital systems.

Depending on the processing activity, the legal basis is Article 6(1)(b) GDPR, insofar as the processing is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract, as well as Article 6(1)(f) GDPR, insofar as legitimate interests exist in the secure, efficient and user-friendly provision of our digital services. Where consent is required for individual analytics or marketing functions, processing is based on Article 6(1)(a) GDPR.

AI-Powered Chatbot

An AI-powered chatbot may be made available on our website for the purpose of providing general information, assistance and communication with users. The chatbot processes the content you enter in an automated manner in order to respond to enquiries and evaluate the information provided in its relevant context.

In particular, the chatbot is intended to answer general questions about our services, properties and processes, provide assistance with bookings and reservations, and receive requests and reports. The chatbot does not provide individual legal, tax or other professional advice in specific cases.

Please note that you should not enter sensitive personal data into the chatbot, in particular health data, data relating to criminal convictions, or bank or credit card details, unless this is expressly provided for.

The legal basis for the processing of personal data in connection with the chatbot is Article 6(1)(b) GDPR, insofar as the communication serves the preparation or performance of a contract (e.g. clarification of questions relating to a property owner agreement), as well as Article 6(1)(f) GDPR, insofar as we have a legitimate interest in efficient and modern communication with property owners and prospective customers. Where consent is required, we base the processing on Article 6(1)(a) GDPR.

Chatbot enquiries may be analysed in anonymised or pseudonymised form for analytics and improvement purposes in order to continuously improve the quality of responses and the user-friendliness of the system.