LEGAL NOTICE

PRIVACY POLICY

1) Information about the collection of personal data and contact details of the controller

1.1 Below we inform you about the handling of your personal data when using our website. Personal data is any data that can be used to personally identify you.

1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Lebe’apartments Betriebs GmbH, Höttinger Auffahrt 5, 6020 Innsbruck, Austria, +43 512 239 932, hi[at]lebe-stays.com.

The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

2) Hosting and content management

2.1 Our website is hosted on Amazon Web Services (AWS), a service provided by Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg (“AWS”). The pages are delivered via the content delivery network Amazon CloudFront. When you visit our website, AWS processes technically necessary data, in particular your IP address, the date and time of access, the page requested, the previously visited page (referrer) and your browser and operating system. This data is stored in server log files in order to deliver the website and to ensure its security and stability. A transfer to the US cannot be ruled out. AWS is certified under the EU-US Data Privacy Framework. We have concluded a data processing agreement with AWS (Art. 28 GDPR). The legal basis is our legitimate interest in providing the website securely and reliably (Art. 6(1)(f) GDPR). For more information, see https://aws.amazon.com/privacy/.

2.2 We manage the content of the website (texts and images) in a content management system operated by our web developer on their own server. The content is retrieved from this server when the website is built. No data is transmitted to the content management system when you visit our website.

3) Contacting us

3.1 When you contact us (e.g. via contact form or email), personal data is collected. What data is collected in the case of a contact form can be seen from the respective form. This data is stored and used exclusively for the purpose of responding to your inquiry and the related technical administration. The legal basis for processing this data is our legitimate interest in responding to your inquiry pursuant to Art. 6(1)(f) GDPR. If your inquiry is aimed at concluding a contract, the additional legal basis is Art. 6(1)(b) GDPR. Your data will be deleted once your inquiry has been fully processed, provided no statutory retention obligations apply.

3.2 We use the service Web3Forms (https://web3forms.com) to send the contact form. The data you enter (e.g. name, email address, phone number and message) and your IP address are transmitted to the Web3Forms servers and forwarded to us by email. Web3Forms processes the data solely to deliver your message. Data may be transferred to countries outside the EU, in particular the US. The legal basis is Art. 6(1)(f) GDPR, or Art. 6(1)(b) GDPR if your inquiry is aimed at concluding a contract. For more information, see https://web3forms.com/privacy.

4) Online booking

For booking requests and bookings we use the booking engine of HotelNetSolutions GmbH, Genthiner Straße 8, 10785 Berlin, Germany (“HNS”). When you start a booking on our website, the HNS booking system (onepagebooking.com) is loaded in a window on our website. Your IP address as well as the selected travel dates, number of guests and language are transmitted to HNS. During the booking process, HNS collects the data required for the booking, in particular name, address, email address, phone number and payment details, and forwards it to us. HNS acts as our processor (Art. 28 GDPR). The legal basis is the performance of pre-contractual measures and of the accommodation contract (Art. 6(1)(b) GDPR). We store booking data in accordance with statutory retention obligations (in particular tax and registration regulations). For more information, see the HNS privacy policy: https://hotelnetsolutions.de/en/privacy-policy/.

5) Chat

Our website offers a chat through which you can ask us questions. For this we use the service Chatlyn provided by chatlyn GmbH, Renngasse 4/R4-4, 1010 Vienna, Austria (“Chatlyn”). The chat is only loaded once you accept the “Functional (chat)” category in the cookie banner. A script is then loaded from Chatlyn’s servers, which transmits your IP address to Chatlyn. Chatlyn also stores the state of the chat window (chatlynIframeState) and the number of unread messages (chatlynUnreadCount) in your browser’s local storage (localStorage). These entries remain stored until you delete them in your browser. When you use the chat, Chatlyn processes your messages and the data you provide in the chat (e.g. name or email address) in order to forward and answer your inquiry. Some inquiries may be answered automatically with the help of artificial intelligence. Chatlyn acts as our processor (Art. 28 GDPR). The legal basis is your consent (Art. 6(1)(a) GDPR), which you can withdraw at any time via the cookie settings. If your inquiry is aimed at concluding a contract, Art. 6(1)(b) GDPR is an additional legal basis for processing it. Chat histories are deleted as soon as they are no longer required to process your inquiry, provided no statutory retention obligations apply. For more information, see https://chatlyn.com/en/legal/privacy-policy/.

6) Cookies

6.1 Our website uses the following types of cookies:

Necessary cookies

These cookies are required for the website to function and cannot be disabled. The legal basis is our legitimate interest in storing the choice you have made (Art. 6(1)(f) GDPR).

Statistics cookies (only with your consent)

With your consent, we use Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics sets cookies that allow us to analyze how our website is used (e.g. pages visited, time spent, visitor origin). Your IP address is shortened by Google within the EU/EEA and thereby anonymized before being transferred to the US.

These cookies are only set once you accept the “Statistics” category in the cookie banner. The legal basis is your consent (Art. 6(1)(a) GDPR). For more information, see Google’s privacy policy: https://policies.google.com/privacy.

Functional (only with your consent)

If you accept the “Functional (chat)” category in the cookie banner, we load the Chatlyn chat. See section 5 for details.

Marketing (only with your consent)

If you accept the “Marketing” category in the cookie banner, we pass additional consent signals (e.g. for ad storage and personalization) to the Google tag described above. The legal basis is your consent (Art. 6(1)(a) GDPR).

In this case we also use the Meta Pixel provided by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland (“Meta”). It allows us to measure the effectiveness of our ads on Facebook and Instagram and to show ads to visitors of our website. Data such as the pages you visit, your IP address and browser information is transmitted to Meta. If you are logged in to Facebook or Instagram, Meta may link your visit to your account. Data may be transferred to the US. Meta is certified under the EU-US Data Privacy Framework.

We and Meta are joint controllers for the collection of this data (Art. 26 GDPR), see https://www.facebook.com/legal/controller_addendum. For more information, see Meta’s privacy policy: https://www.facebook.com/privacy/policy.

6.2 You can withdraw or change your consent at any time, with effect for the future, via the cookie banner or the cookie settings.

7) Your rights

7.1 Data protection rights

Applicable data protection law grants you comprehensive rights with regard to the processing of your personal data (rights of access and intervention), which we inform you about below:

• Right of access pursuant to Art. 15 GDPR: the right to information about the personal data we process about you, the purposes of processing, categories of data processed, planned storage duration or criteria for determining it, the existence of rights to rectification, erasure, restriction of processing, objection, complaint to a supervisory authority, and the origin of your data if not collected directly from you.
• Right to rectification pursuant to Art. 16 GDPR: prompt correction of inaccurate data and/or completion of incomplete data.
• Right to erasure pursuant to Art. 17 GDPR: deletion of your personal data where the conditions of Art. 17(1) GDPR are met, unless an exception applies.
• Right to restriction of processing pursuant to Art. 18 GDPR in various legally defined cases.
• Right to notification pursuant to Art. 19 GDPR regarding rectification, erasure or restriction to recipients of your data.
• Right to data portability pursuant to Art. 20 GDPR.
• Right to withdraw consent already given pursuant to Art. 7(3) GDPR, with effect for the future.
• Right to lodge a complaint pursuant to Art. 77 GDPR with a supervisory authority.

7.2 Right to object

Where we process your personal data based on a balancing of interests in our legitimate interest, you have the right to object to this processing at any time, for reasons arising from your particular situation, with effect for the future.

If you exercise your right to object, we will stop processing the affected data. Further processing remains reserved if we can demonstrate compelling legitimate grounds that outweigh your interests, or where processing serves the establishment, exercise or defence of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object to this processing at any time. In this case we will stop processing your data for direct marketing purposes.

8) Duration of storage of personal data

The duration of storage of personal data is based on the respective statutory retention period (e.g. commercial and tax retention periods). After this period expires, the corresponding data is routinely deleted, provided it is no longer required to fulfil or initiate a contract and/or there is no longer a legitimate interest in continued storage.

TERMS AND CONDITIONS

Download terms and conditions as PDF (German)

Note on gender-neutral language: any designation referring to persons applies equally to all genders, even where the masculine form is used for readability.

1. Scope

1.1 These terms and conditions apply to all contracts between the tenant and the landlord governing the rental of holiday apartments for accommodation, as well as all other services provided to the tenant in connection with the accommodation and rental. By booking or placing a rental order, you accept these terms and conditions (“terms”) in the version applicable at the time of booking. These terms govern the details of the contractual relationship and also contain important consumer information in the legally binding version.

1.2 “Tenant” is any person who enters into a legal transaction for private and/or business purposes. Renting is only permitted from the age of 18.

2. Services and prices

2.1 The scope of the contractual services results from the service description in the contract or the booking confirmation. The service description has been prepared to the best of our knowledge; however, no liability is assumed for errors that may have occurred.

2.2 The rental property may only be occupied by the number of persons stated in the confirmation. Children count as persons.

2.3 The landlord reserves the right to change prices for the apartments on offer at short notice in order to fill vacancies. Existing bookings and the associated rental agreements and booking confirmations remain unchanged in this case. The tenant cannot derive any claims against the landlord from an interim price change.

3. Rental period

3.1 The rental period is set out in the booking confirmation or, where applicable, in the rental agreement. Check-in is from 3:00 p.m. and check-out is by 10:00 a.m. at the latest. Deviations are only possible by arrangement with the landlord, who is entitled to charge a surcharge in such cases.

4. Payment due dates and payment

4.1 The respective payment terms (type and due date) of the individual booking apply.

4.2 In the event of late payment, the landlord is entitled to cancel the reservation.

4.3 The landlord is entitled to request a reasonable advance payment or security deposit, either at the time the contract is concluded or later, in case of damage caused by the tenant to the landlord’s property.

5. Cancellation terms

5.1 The tenant may withdraw from the booking or rental agreement in writing. If the tenant withdraws from the booking or rental agreement, the following proportional costs generally apply as compensation:

• Up to 14 days before arrival: no cancellation fee
• From 14 days before arrival, including the day of arrival, and in case of no-show: 100% of the rental price

Statutory rights of withdrawal and termination remain unaffected. Any special cancellation terms on booking platforms, booking confirmations or rental agreements remain unaffected and take precedence.

6. Termination of the contract

6.1 Both contracting parties have the right to terminate the contractual relationship in the following ways:

• Termination (notice)
• Withdrawal or cancellation
• Extraordinary grounds

6.2 Both the tenant and the landlord may terminate the contract. The following provisions apply:

• Termination must be made in writing and submitted to the other contracting party to be effective.
• If the tenant terminates, the termination must be received within the applicable deadline (cancellation period). In case of dispute, the tenant must prove that termination was communicated to the landlord in writing and on time.

6.3 Withdrawal or cancellation of the contract results in the reversal of the contractual relationship. As a result, both parties must be put in the position as if the contract had never existed. The following provisions apply:

Withdrawal/cancellation by the tenant:

• The tenant may withdraw from the contract by submitting a written declaration of withdrawal to the landlord; the conditions of section 5 apply.
• Free cancellation by the tenant (regardless of the booking date) is generally possible. However, the cancellation must be received by the landlord in due time.
• Cancellation or withdrawal only becomes subject to a fee if it occurs after the above-mentioned period, or if the tenant does not arrive on the arrival date, which is equivalent to a declaration of withdrawal. In this case, the landlord may retain the advance payment.
• Exceptions are agreed directly and in writing with the guest immediately upon receipt of the reservation confirmation and apply only to that specific case. Further exceptions with the same contracting parties can be agreed individually in writing between tenant and landlord.

Withdrawal/cancellation by the landlord:

• If the requested advance payment is not made on time, the landlord is likewise entitled to withdraw from the contract. The declaration of withdrawal or cancellation must be sent to the tenant in writing.

6.4 Furthermore, the landlord is entitled to withdraw from the contract extraordinarily for objectively justified reasons. If force majeure or other unreasonable circumstances beyond the landlord’s control make performance of the contract impossible, the landlord may withdraw from the contract. This would, for example, be the case if a customer booked an apartment by providing misleading or false information about material facts. If the landlord also has reasonable grounds to believe that the customer’s use of the accommodation services would jeopardize smooth business operations, safety, or the landlord’s public reputation, the landlord may likewise withdraw from the contract, without this being attributable to the landlord’s area of responsibility. Examples:

• Disruptive behaviour
• Accommodating additional guests (for the duration of such unauthorized use, the landlord may charge a reasonable surcharge for overoccupancy)

The landlord must inform the tenant of the exercise of the right of withdrawal without delay. In the case of a justified withdrawal by the landlord, the tenant has no claim to compensation.

6.5 Early departure or late arrival of the tenant: In the event of early departure or late arrival, the tenant is not entitled to demand a refund from the landlord on this basis.

7. Duty of care

The tenant must treat the rented premises and furnishings with care. Damage caused through the tenant’s fault must be compensated by the tenant. Upon taking possession of the premises, the tenant is obliged to check that the furnishings are complete and fit for use, and to report any complaints to the landlord without delay.

Damage occurring during the rental period must likewise be reported without delay. The tenant is responsible for the contractual obligations of all accompanying persons. The tenant is additionally obliged to comply with the house rules.

At check-out, the tenant must ensure that all windows and doors are securely closed. The landlord is not liable for damage resulting from break-in or theft of the tenant’s property.

8. Farm shop

The lebe’oetz apartment building’s own farm shop is subject to the Tyrolean Youth Act (Tiroler Jugendgesetz, LGBl. Nr. 7/2019), § 18 Alcoholic beverages and preparations:

• Alcoholic beverages and preparations (powders, tablets, capsules, concentrates and similar) used to make alcoholic beverages may not be supplied to children and minors, unless otherwise specified in para. 2.
• Minors aged 16 and over may be supplied with alcoholic beverages, except for spirits and mixtures containing spirits (whether pre-made, e.g. alcopops, or self-made).
• Children and minors under the age of 16 may not purchase or consume alcoholic beverages in public, unless otherwise specified in para. 4.
• Children and minors may not purchase or consume spirits and related mixtures as defined in para. 2, and may not purchase or consume the preparations defined in para. 1, whether diluted or undiluted.

9. Loss of or damage to valuables

The landlord is not liable for the loss of or damage to valuables occurring in communal areas, such as the ski and bicycle room. No liability is assumed for damage, break-in or theft affecting vehicles in the property’s own parking spaces.

10. Severability clause

Should individual provisions of this contract be or become invalid or unenforceable, or become invalid or unenforceable after the contract is concluded, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose the parties intended with the invalid or unenforceable provision. The same applies accordingly if the contract proves to contain a gap.

11. Additional agreements

There are no verbal side agreements. Amendments and additions to this contract must be made in writing. This also applies to any change to this written-form clause.

12. Place of jurisdiction

For all legal disputes arising between the landlord and the tenant, the court with jurisdiction over the location of the rental property is agreed as the place of jurisdiction. Notwithstanding this, the landlord is entitled to sue the customer at the customer’s general place of jurisdiction.

Version 1.1 of 1 August 2025