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General conditions

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Legal Notice

General Terms and Conditions of Alois Nindl

Alois Nindl (hereinafter referred to as “AN”) enters into contracts exclusively on the basis of the following General Terms and Conditions:

1. Contracting Party / Type of Service

1.1. AN provides guests with accommodation for a fee. The services offered by AN therefore constitute accommodation agreements.

1.2. “Guest” means a natural person who makes use of accommodation services. The guest is also the contracting party.

2. Conclusion of Contract

2.1. The guest submits a booking request to AN. This may be done by email, online via we-rent-apartments.com or via other websites, including booking.com and similar platforms. In all cases, the booking is confirmed by the dispatch of a reservation confirmation together with a request for payment of a deposit. The accommodation agreement is deemed concluded upon dispatch of the reservation confirmation.

2.2. The accommodation agreement is, however, concluded subject to the condition that a deposit in the amount stated in the booking is paid within five working days, either by credit card or bank transfer. If the deposit is not paid, the condition is not fulfilled and the agreement does not become legally effective. The deposit constitutes a partial payment of the agreed remuneration.

3. 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.

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 Austrian Consumer Protection Act and the applicable distance-selling provisions shall apply.

4. Prices

4.1. The stated prices are daily rates for the rental of the booked accommodation, including furniture, and include consumption of water, energy and similar utilities. The first day runs from 4:00 p.m. on the day of arrival until 10:00 a.m. on the following day; each additional day ends at 10:00 a.m. on the following day. Any mandatory ancillary services not included in the daily rate, such as final cleaning and local tourist tax, will be expressly stated in the reservation confirmation.

4.2. Optional ancillary services requested by the customer and, where applicable, offered by AN, such as additional cleaning, additional bed linen, pets, baby cots, heating materials and similar services, are not included in the daily rate and are not necessarily listed in the reservation confirmation.

5. Changes to Services and Prices

5.1. Due to compelling external circumstances or force majeure, changes to prices or services may occur on the part of AN. If, after conclusion of the contract, changes to prices or services occur due to compelling external circumstances or force majeure and such changes are more than merely insignificant, the guest may withdraw from the contract free of charge within three days of receiving notification. Any payments already made will be refunded without undue delay.

“More than merely insignificant” means the removal of a specific feature that distinguishes the relevant property from others and that was of particular importance to the guest. Access restrictions are expressly excluded from this provision.

5.2. AN reserves the right to correct obvious errors, including printing errors and calculation errors.

6. Arrival and Departure, Shortening or Extension of Stay

6.1. Arrival must take place after 4:00 p.m. on the day of arrival, and departure must take place no later than 10:00 a.m. on the day of departure. Changes, such as later arrival or departure or an extension or shortening of the stay, are only possible with the agreement of AN. Without such agreement, the full price stated in the booking remains payable, even if the guest is unable to make use of the contractual services, either in whole or in part, due to illness, traffic congestion or other circumstances for which AN is not responsible.

6.2. The guest is solely responsible for compliance with passport, visa, customs, foreign exchange and health regulations. If the guest is prevented from travelling for any such reason, the guest shall not be entitled to derive any claims or legal consequences against AN from this circumstance.

6.3. AN can be reached by telephone daily until 8:00 p.m. In the event of later arrivals, telephone availability cannot be guaranteed.

7. Termination of the Contract by AN

AN is entitled to terminate the contract in the event of force majeure, pandemic, war, strike or other comparable important reasons. In such case, all payments made by the guest will be refunded in full.

8. Obligations of the Guest

8.1. Before receiving the keys or access codes, a security deposit of EUR 400 for holiday apartments and EUR 800 for chalets must be provided. Following departure, the security deposit will be refunded to the guest within 48 hours, less any amounts due in respect of justified claims by AN. This period does not include any processing time required by the customer’s bank.

8.2. The accommodation may only be occupied by the agreed number of persons, including children and babies. Additional persons may be refused accommodation by AN or charged separately.

8.3. The accommodation and all of its facilities must be used with due care. The guest undertakes to show consideration for neighbours and other guests. Cleaning of kitchen facilities, crockery and cutlery is the responsibility of the guest and is not included in the final cleaning.

8.4. The guest shall be liable to AN for any damage culpably caused by the guest or by any other person who, with the guest’s knowledge or consent, makes use of services provided by AN. Any such damage must be reported to AN without undue delay.

9. Complaints and Damages

9.1. Information and descriptions are provided by AN to the best of its knowledge and belief, but without guarantee as to their accuracy. In the event of a complaint, the guest must contact AN directly. Any defect or complaint must be reported without undue delay. Complaints submitted only upon departure or after departure can no longer be accepted.

9.2. If the accommodation does not comply with the contract, AN will endeavour to provide the guest with an equivalent replacement property. If this is not possible within five working days, AN will reimburse the guest for any reduction in value, provided that AN is at fault.

9.3. If the guest is a consumer, AN’s liability for damages caused by slight negligence is excluded, except in the case of personal injury. If the guest is an entrepreneur, AN’s liability for slight and gross negligence is excluded.

9.4. AN shall be liable for property brought onto the premises in accordance with Sections 970 et seq. of the Austrian Civil Code (ABGB). Liability shall only apply where the property has been handed over to AN or to persons authorised by AN, or has been placed in a location designated or intended by such persons.

Unless AN is able to prove otherwise, AN shall be liable for its own fault or the fault of its staff and of persons entering and leaving the premises. However, pursuant to Section 970(1) ABGB, AN’s liability shall in any event be limited to the amount specified in the applicable version of the Federal Act of 16 November 1921 concerning the liability of innkeepers and other entrepreneurs.

If the guest fails to comply without undue delay with a request to deposit their belongings in a designated place of safekeeping, AN shall be released from liability in this respect.

10. Chatbot

AN provides an AI-powered chatbot on its website for the purpose of general information, assistance and communication with users. The chatbot automatically processes the content entered by the user in order to answer enquiries and assess the information provided in its relevant context.

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 sensitive personal data, in particular health data, data relating to criminal convictions, bank details or credit card details, unless this is expressly provided for.

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 analyse chatbot enquiries in anonymised or pseudonymised form for analysis and improvement purposes.

11. Internet Access

In holiday apartments where internet access is provided, no liability is assumed for the functionality of hardware or software. AN also points out that no D-LAN connection is provided and that internet access is available exclusively via Wi-Fi.

12. Miscellaneous

12.1. By concluding the contract, the guest consents to the processing of data. The complete Privacy Policy is available at https://www …..

12.2. The place of performance and place of jurisdiction for all disputes arising from the legal relationship between the guest and AN shall be Zell am See. All legal relationships shall be governed exclusively by Austrian law.

12.3. Electronic declarations shall be deemed received when the party for whom they are intended is able to retrieve them under ordinary circumstances.

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DATA PRIVACY STATEMENT

This statement declares how we process your data. This statement is addressed to clients, who used our services in the past, but also to future clients, our partners and their employees.

1. Purpose of the data use

We are processing your data for the following purposes:

for the reason, administration and execution of our business relation with our clients
to strengthen our current business relation, but also to install future relations and to inform clients about legal changes and our range of services
in case of an order placement with the aim to execute our services
for the execution of our booking process including payment handling
for the client registration with authorities

In case we collect data directly from you, the supply of the data is voluntary. In case you do not provide us with data, we can not fulfil certainservices.

2. Legal background of the data processing

If you are a potential client, we are only doing direct marketing via email or post, with your agreement on the basis of the law Art. 6 Abs. 1 of the “Datenschutzgrundverordnung” (DSGVO). If you are a client, we are processing your data, because it is necessary to fulfil our contract with you. In any way we are processing your data in your interest and on behalf of the reasons named in section 1.

3. Exchange of data

If it is necessary to transfer your data in order to execute services named in 1, we are sending your date to following recipients:

IT- Services such as for marketing and payment including credit card data. We ensure hereby the use of industry standards regarding encryption.
Administration and state authorities
Insurance companies in case of damage
Cooperation partners and legal consultancies
Declared recipients on behalf the client

4. Length of back up

Usually we save your data till the end of our business relation. For marketing purposes we save your data as long you do not disagree with the storage of your data, which was initially collected by us with your acceptance.

5. Your rights

You are allowed to: check (i) if and which of your data is stored, (ii) to claim correction, addition or cancelation, if they are wrong or not correctly processed, (iii) to claim to stop the processing of your data or (iv) to dissent with your initial agreement with us that we are allowed to process your data, whereby the dissent does not affect the data processing done before your dissent, (v) to claim the possibility to transfer data, and (vi) if you are our client being able to know identity of third parties who work with your data and (vii) to file a complaint within data security authorities.

6. Our contact

If you have questions or want to make a formal complaint, do not hesitate to contact us:

we gmbh, we rent apartments
Turmgasse 1
5700 Zell am See
we@we-rent-apartments.com

Imprint

Alois Nindl
Winkelbachgasse 8
5710 Kaprun

+43 6547 8776
kaprun@appartement-katharina.at