Terms of Service

Version: V1 | Status: March 2020

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GENERAL PART

1. Validity, subject

1.1. The present general terms and conditions ("GTC") of Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, email: info@pyhrn-priel.net, ("Pyhrn-Priel Tourismus GmbH") apply - insofar as they are agreed - for all legal transactions with and services to their contractual partners (hereinafter “customer” or individually gender neutral “customer”).

1.2. Pyhrn-Priel Tourismus GmbH is only willing to enter into contracts under the terms and conditions set out in its terms and conditions and only offers its services (including ancillary and additional services) on the basis of these conditions. Contractual and business terms and conditions of customers only apply if they have been expressly recognized by Pyhrn-Priel Tourismus GmbH. (Fulfillment) actions or silence on the part of Pyhrn-Priel Tourismus GmbH do not count as acceptance of contractual or business conditions by customers.

1.3. The terms and conditions can be called up electronically on the website of Pyhrn-Priel Tourismus GmbH www.urlaubsregion-pyhrn-priel.at ("Website"), printed out, downloaded and saved on a storage medium.

1.4. In the following cases, the general part of the general terms and conditions also apply primarily to the respective provisions listed in the special part of the general terms and conditions, whereby the general part only applies in these cases to the extent that the special parts do not contain any independent provisions:

  • When using the Pyhrn-Priel portal, the provisions of the special section “Use of the Pyhrn-Priel portal” apply.
  • When using the webshop, the provisions of the special section "Webshop" apply.
  • When purchasing and using Pyhrn-Priel-Cards, the provisions of the special section “Pyhrn-Priel-Cards” apply.
  • The provisions of the special section “B2B business” apply to all contracts concluded with companies.

 

2. Offers, prices

Unless otherwise expressly regulated or agreed, offers from Pyhrn-Priel Tourismus GmbH are subject to change (non-binding) and only represent an invitation to the customer to submit an offer. Unless otherwise expressly regulated or agreed, prices are to be understood as including the applicable statutory sales tax, i.e. gross, but excluding delivery and shipping costs, which may be shown separately.


3. Warranty, compensation

Unless otherwise expressly regulated or agreed, the statutory warranty and compensation provisions apply. Claims for damages against Pyhrn-Priel Tourismus GmbH are excluded in cases of slight negligence, with the exception of damage to persons. Pyhrn-Priel Tourismus GmbH is therefore only liable in the event of willful intent or gross negligence, with the exception of personal injury. As far as the liability of Pyhrn-Priel Tourismus GmbH is excluded, this also applies to its organs, employees and other vicarious agents.

 

4. providing electronic platforms

4.1 Pyhrn-Priel Tourismus GmbH operates (in particular on its website) electronic platforms, such as in particular a portal for the provision of information and booking possibilities regarding accommodation, activities and other vacation services (hereinafter referred to as "Pyhrn-Priel Portal") and a web store ("web store") (hereinafter collectively referred to as "platforms"). The provision and operation of these platforms is exclusively in German language. If information as well as registration and ordering processes are occasionally provided in other languages, this is done as a non-binding service of Pyhrn-Priel Tourismus GmbH and does not constitute any legal claims by customers.

4.2 Pyhrn-Priel Tourismus GmbH endeavours to ensure the highest possible and secure availability and functionality of the platforms it operates as well as data processing, transmission and security and to keep disturbances and errors as low as possible. However, Pyhrn-Priel Tourismus GmbH does not owe any specific (in particular no permanent, secure, failure and error free) availability and functionality of the platforms and no success of any kind (e.g. unrestricted functioning of the operation, a business transaction or a specific usability or exploitability of the content thereon).

4.3 Pyhrn-Priel Tourismus GmbH is not responsible for any loss, damage or security impairments of data that occur outside the sphere of Pyhrn-Priel Tourismus GmbH (e.g. during transmission via the internet).

4.4 The provision and use of the platforms is free of charge for customers. For third party providers (see point 5.) the provision and use of the platforms is made in return for a contribution to cover costs without the intention of making a commercial profit and in this respect represents a service provided by Pyhrn-Priel Tourism GmbH to promote tourism in the region.

 

5. third party services

5.1 In fulfilment of its duties (in particular on its platforms) Pyhrn-Priel Tourismus GmbH provides non-binding and unchecked information on accommodation, activities and other vacation services (hereinafter referred to as "Holiday Services") in the Pyhrn-Priel Region, which are exclusively advertised and offered by external companies, such as the respective accommodation providers, hotel operators, service providers and suppliers (hereinafter referred to as "Third Party Providers"). Pyhrn-Priel Tourism GmbH only provides a platform for the information and offers of the third party providers and does not offer any vacation services or any agency services in this respect. Contracts for booked vacation services are therefore only concluded between the customer and the respective third party supplier and lead to a contractual relationship exclusively between the customer and the respective third party supplier. Pyhrn-Priel Tourismus GmbH is in this respect neither a contractual partner nor an agent of the customer or the third party supplier and is in no way (co-)responsible for the fulfilment of pre-contractual, contractual or non-contractual obligations of the customer or the third party supplier. The third party suppliers are also not vicarious agents of Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH does not receive any payment from the third party suppliers for vacation bookings made by customers with the third party suppliers. The third party suppliers only make a contribution to cover the costs of operating the platforms (see above point 4.4.).

5.2 The contracts between the Customer and the third party providers are therefore exclusively subject to the terms and conditions agreed between them, including the terms of payment and any cancellation and rescission options. Contractual claims regarding the vacation services are therefore to be asserted exclusively against the third party provider and any contract rescission and cancellation must be declared exclusively to the third party provider. Pyhrn-Priel Tourismus GmbH will forward any correspondence and/or (cancellation) declarations received by Pyhrn-Priel Tourismus GmbH or declared via its platforms to the respective third party supplier without obligation and without guarantee or assumption of any responsibility and without assuming or acknowledging any legal obligations associated with this.

5.3 Pyhrn-Priel Tourismus GmbH assumes no warranty, liability or responsibility whatsoever for the services of the customer or third party providers or for the completeness and correctness of the information, descriptions, details and other content of any kind whatsoever (all in short "content"), which is entered by the third party providers and not checked by Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH neither provides nor owes the customer any verification and control of any kind, on the one hand regarding the third party providers themselves and on the other hand regarding the contents provided by them and placed on the Pyhrn-Priel portal and does not - except in justified individual cases - carry out any verification and control of these contents.

 

6. accommodation classification

The internationally common accommodation classification according to stars gives a non-binding indication of the accommodation standard. The accommodation classification in the documents or on the platforms of Pyhrn-Priel Tourismus GmbH is exclusively based on the respective categorisation procedure of the responsible chambers (e.g. Chamber of Commerce). All additional content is based on information provided by third parties, for which Pyhrn-Priel Tourismus GmbH does not assume any guarantee or liability (see point 5.3.).


7. value vouchers

7.1 Pyhrn-Priel Tourismus GmbH offers customers the purchase of vouchers, which can be redeemed at the redemption points listed on the website (hereinafter referred to as "service partners"). In this case a contractual relationship is established between Pyhrn-Priel Tourismus GmbH and the customer exclusively for the purchase of the vouchers. Also in this case no contractual relationship is established between Pyhrn-Priel Tourismus GmbH and the customer regarding the goods or services to be purchased by customers via the voucher, such as in particular vacation services; such a contractual relationship is only established between the customer and the respective service partner when the vouchers are redeemed (only). Point 5. applies accordingly to the service partners.

7.2 A cash redemption of the voucher or the value certified with it is excluded.

7.3 Customers have the possibility to withdraw from the purchase contract for the acquisition of the vouchers if the conditions set out in the Annex/A Instructions for withdrawal and cancellation are met, if and insofar as the vouchers have not yet been redeemed. To the extent that the vouchers have already been redeemed at the service partners, only the terms and conditions agreed between the customer and the service partner shall apply and any rights of withdrawal and cancellation shall also be governed by these terms and conditions.

 

8. intellectual property rights, copyrights

8.1 Unless expressly agreed otherwise with the customer, all intellectual property rights (including industrial property rights) remain the exclusive property of Pyhrn-Priel Tourismus GmbH. The customer does not receive or acquire any rights whatsoever. Customers are only permitted to use the products in accordance with their personal, intended and unalterable use in compliance with these General Terms and Conditions and the respective applicable legal regulations. Any other use, exploitation, modification, duplication or distribution requires the prior explicit consent of Pyhrn-Priel Tourismus GmbH.

8.2 If Pyhrn-Priel Tourismus GmbH has not expressly granted the customer the right to use or authorise the use of copyrighted works of Pyhrn-Priel Tourismus GmbH (e.g. software, databases, contents, plans, sketches, brochures, catalogs, presentations) in accordance with § 24 Copyright Act as amended ("UrhG"), the rights of use in accordance with §§ 14 to 18a UrhG remain exclusively with Pyhrn-Priel Tourismus GmbH.


9. data protection

Information on the processing of personal data of customers by Pyhrn-Priel Tourismus GmbH is contained in the data protection information available on its website under the domain www.urlaubsregion-pyhrn-priel.at/datenschutz.

 

10. online platform for dispute resolution

10.1 The European Commission provides a platform for online dispute resolution (OS), which can be found at ec.europa.eu/consumers/odr Consumers within the meaning of the Consumer Protection Act as amended ("KSchG") have the opportunity to use this platform for the settlement of their disputes. According to § 19 para. 3 Alternative Dispute Resolution Act as amended, entrepreneurs have to inform customers, if they cannot reach an agreement with them in a dispute, on paper or another permanent data carrier about the competent authorities for alternative dispute resolution. For online transactions these are www.ombudsmann.at and www.verbraucherschlichtung.or.at.

10.2 Pyhrn-Priel Tourismus GmbH hereby declares that it will not participate in alternative dispute resolution proceedings before the competent alternative dispute resolution bodies, unless there is a compelling legal obligation to do so.

 

11. final provisions

11.1 Offsetting

Offsetting against the claims of Pyhrn-Priel Tourismus GmbH with counterclaims of any kind whatsoever is excluded, except in the case of insolvency of Pyhrn-Priel Tourismus GmbH as well as for counterclaims which are legally connected to the claims of Pyhrn-Priel Tourismus GmbH, which have been legally established by a court of law or which have been accepted by Pyhrn-Priel Tourismus GmbH. In these cases the customer has the possibility of offsetting.

11.2 Applicable law

These General Terms and Conditions (including the question of their inclusion, their valid conclusion and their pre- and post-effects) are subject - subject to mandatory provisions of the country of residence of customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) - exclusively to Austrian law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).

11.3 Linked Websites

Links to external websites contained on the websites of Pyhrn-Priel Tourismus GmbH are completely beyond the control of Pyhrn-Priel. Neither does Pyhrn-Priel Tourismus GmbH carry out any checks whatsoever on the linked websites or their content and is under no obligation to do so vis-à-vis its customers. Pyhrn-Priel Tourismus GmbH therefore neither guarantees nor is liable for the accuracy, completeness and legality of linked websites and their content, for which the provider of the linked external website or the content contained therein is solely responsible.

11.4 Language differences

If these General Terms and Conditions are provided in whole or in part in other languages, Pyhrn-Priel Tourismus GmbH assumes no guarantee or liability for the (purchased) translation of these General Terms and Conditions into other languages. In the event of linguistic deviations from the GTCs in other languages, the German version shall prevail over the GTCs in other languages.

11.5 Attachments

The following attachments form an integral part of these GTC:

Withdrawal and revocation instructions (Consumer Protection Act and Distance and Foreign Trade Act)

Sample Withdrawal and Cancellation Form (Consumer Protection Act and Distance and Away-from-Home Business Act)

SPECIAL PART

"Usage Pyhrn-Priel-Portal"

1. validity, object

1.1 The Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, email: info@pyhrn-priel.net ("Pyhrn-Priel Tourismus GmbH") operates on its generally accessible website www.urlaubsregion-pyhrn-priel. at ("website") an internet portal with a technical-electronic booking system for online bookings of accommodation (especially hotels), activities and other vacation services (hereinafter all in short "vacation services") in the Pyhrn-Priel region ("Pyhrn-Priel-Portal").

1.2 The following provisions of this Special Section of the General Terms and Conditions of Pyhrn-Priel Tourism GmbH ("GTC") apply only to the use of the Pyhrn-Priel portal by customers (hereinafter referred to as "Customers" or individually gender-neutral "Customer"). Insofar as this Special Section does not contain any provisions, the provisions of the General Section of the GTC shall apply.


2. provision of the Pyhrn-Priel portal

Pyhrn-Priel Tourismus GmbH provides non-binding information on vacation services on its Pyhrn-Priel portal free of charge and enables the direct booking of these services with the respective accommodation providers, hotel operators, service providers and suppliers (hereinafter referred to as "third party suppliers"). Pyhrn-Priel Tourismus GmbH only makes the Pyhrn-Priel Portal available and does not offer any accommodation or vacation services itself (see also points 4. and 5. of the General Section of the GTC).

 

3. use of the Pyhrn-Priel portal

3.1 In order to be able to use the Pyhrn-Priel portal the customer must fulfil the necessary technical requirements at his own expense. He must bear the costs of access to the internet as well as connection costs to mobile phone and internet operators.

3.2 In order to use the Pyhrn-Priel portal the customer must register once using the online registration form on the website and by actively clicking on the appropriate tick boxes consent to the general terms and conditions of Pyhrn-Priel Tourism GmbH as well as, if necessary, to the processing of certain personal data, which would not be covered by any other legality condition in the sense of Article 6 paragraph 1 of Regulation (EU) 2016/679 (Data Protection Basic Regulation). Registration on and use of the Pyhrn-Priel Portal are free of charge for the customer.

3.3 Only persons with full legal capacity and authority of their own and those acting with the consent of their legal representatives are entitled to register. In the case of minors or customers who are not authorised to use the Pyhrn-Priel Tourism GmbH website, an express declaration of consent from their legal representatives must be submitted to Pyhrn-Priel Tourism GmbH (for contact details see point 1.1.), otherwise use of the Pyhrn-Priel Tourism GmbH website is not permitted and Pyhrn-Priel Tourism GmbH is entitled to temporarily block or permanently delete the customer's user account. Furthermore, in this case the conclusion of contractual relationships with Pyhrn-Priel Tourism GmbH as well as with third party providers is subject to the condition precedent that such a declaration of consent is available.

3.4 All information provided by the customer during registration must be true, correct, current and complete. The customer is obliged to keep the registration data up-to-date. In the event of false, incorrect, outdated or incomplete information as well as if there are justified reasons to believe that information provided by the customer is false, incorrect, outdated or incomplete, Pyhrn-Priel Tourism GmbH is entitled to temporarily block or permanently delete the customer's user account with immediate effect and without prior notice and to prohibit the customer from current and/or future use of the Pyhrn-Priel portal.

3.5 Each customer may only have one user account on the Pyhrn-Priel portal and confirms with his registration that he does not yet have a user account on the Pyhrn-Priel portal. The user account is not transferable.

3.6 By sending the completed online registration form electronically the customer makes a binding offer to Pyhrn-Priel Tourism GmbH to conclude a contract for the use of the Pyhrn-Priel portal. Immediately after registration the customer will receive an email confirming the technical receipt of the registration on the Pyhrn-Priel Tourism GmbH server ("registration confirmation"). A contract between the (registered) customer and Pyhrn-Priel Tourism GmbH is only concluded upon transmission of the registration confirmation.

3.7 After successful registration a user account is automatically opened for the customer. The registered customer can then access the Pyhrn-Priel portal at any time by entering his login details (email address and the password chosen by him).

3.8 The customer's user account is protected against access by other persons by the password chosen by the customer. The customer is obliged to keep his password confidential and to take all necessary care to ensure that third parties do not gain access to it. Any transfer or disclosure of the registration data to third parties and/or their authorization to use the customer's user account is expressly prohibited. The customer must protect his registration data from unauthorized access by third parties, misuse or fraudulent use. The customer must immediately report any unauthorised, abusive or fraudulent use of his user account as well as any suspicion that his user account may be exposed to such a danger to Pyhrn-Priel Tourismus GmbH (contact details see point 1.1.) and change his password.

3.9 While using the Pyhrn-Priel portal the customer is permanently logged in ("Soft Login") until he actively logs out using the logout button or the corresponding browser cookies are deleted. The customer is advised that there is a fundamental risk that third parties may access his user account and all personal data stored therein, provided that they have a registered terminal device of the customer, and that a registered terminal device may exchange data with Pyhrn-Priel Tourism GmbH in the background, even without its active use, whereby the data volume available to the customer from his internet provider may be used and impaired. It is therefore recommended that the customer actively logs off after each use of the Pyhrn-Priel portal by actively clicking on the logout button.

3.10. Pyhrn-Priel Tourism GmbH is entitled to temporarily block or permanently delete a customer's user account with immediate effect and without prior notice if there is good cause (e.g. suspicion of unauthorised, abusive or fraudulent use).

 

4. booking, prices

4.1 If the customer wishes to book a vacation service on the Pyhrn-Priel portal, he/she shall - after providing certain personal data required for the fulfilment of the contract in an online booking form and after agreeing to the terms and conditions of the third party provider, in particular the payment and cancellation conditions - make a binding offer to the respective third party provider to conclude a contract with costs for the vacation service selected by the customer in accordance with the terms and conditions of the third party provider by actively clicking on the button "Order with payment" at the end of the booking form.

4.2 Immediately after completion of the booking process, the Customer will receive confirmation of the technical receipt of the booking request on the server of the third party provider by e-mail. However, the contract for the vacation service booked by the customer is only concluded after the transmission of a booking confirmation by the relevant third party provider. The booking confirmation is sent to the customer by e-mail and - at the customer's option - also by fax and / or SMS.

4.3 It is recommended that the customer ensures that e-mails sent to the e-mail address registered by him/her are received by means of appropriate settings in his/her e-mail account (in particular incoming mail and spam filter).

4.4 The prices quoted on the Pyhrn-Priel portal originate exclusively from the respective third party provider. Payment is only made directly to the third party provider.


5. cancellation

5.1 If it is possible to cancel a booked vacation service via the Pyhrn-Priel portal, an automatic cancellation number will be allocated in the event of cancellation by the customer and the cancellation will be automatically forwarded to the relevant third party provider, so that the final cancellation of the vacation service is carried out or confirmed by the relevant third party provider.

5.2 In order to prevent misuse of the booking system on the Pyhrn-Priel portal and to avoid burdening the third party suppliers with unnecessary incorrect bookings, Pyhrn-Priel Tourism GmbH reserves the right, notwithstanding points 3. and 5.1, to cancel a booking in individual cases in consultation with the third party supplier technically via the Pyhrn-Priel portal, if there is suspicion of misuse and it is not possible to contact the customer or fails. In these cases only the technical cancellation of the booking via the Pyhrn-Priel portal will be carried out by Pyhrn-Priel Tourismus GmbH and further processing of the cancellation will be carried out by the third party provider. After cancellation there is no claim to the provision of the booked vacation service by the third party provider.

SPECIAL PART

"Webshop"

1. object and validity

1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, email: info@pyhrn-priel.net ("Pyhrn-Priel Tourismus GmbH") operates a webshop for the sale of goods and services (hereinafter referred to as "webshop") on its generally accessible website www.urlaubsregion-pyhrn-priel.at ("website").

1.2 The following provisions of this Special Section of the General Terms and Conditions of Pyhrn-Priel Tourismus GmbH ("Terms and Conditions") only apply to the use of the webshop by customers (hereinafter referred to as "Customers" or individually gender-neutral "Customer"). If this Special Section does not contain any provisions, the provisions of the General Section of the GTC shall apply.


2. offer, contract conclusion in the webshop

2.1 All offers of Pyhrn-Priel Tourismus GmbH in the webshop are limited by the availability of goods and are to be understood only as an invitation to place an order. For the customer's order, consent to the General Terms and Conditions of Pyhrn-Priel Tourismus GmbH as well as, if necessary, to the processing of certain personal data, which would not be covered by any other legality condition in terms of Art 6 para. 1 of Regulation (EU) 2016/679 (Data Protection Basic Regulation), is required. The customer gives the above-mentioned consent by actively clicking on the corresponding tick boxes and only the order, which is subsequently sent by clicking on the button "Order subject to payment" at the end of the ordering process, constitutes a legally binding offer.

2.2 A contract is only concluded after express acceptance by Pyhrn-Priel Tourismus GmbH. Acceptance by Pyhrn-Priel Tourismus GmbH shall be effected by sending an order confirmation within four working days, whereby Saturday does not count as a working day, or by direct dispatch of the goods. The automatic confirmation of receipt by email, in which the customer's order is again stated, only documents the technical receipt or receipt of the customer's order by Pyhrn-Priel Tourismus GmbH and does not constitute acceptance.

2.3 Subsequent requests for changes can only be carried out in exceptional cases - without legal claim by the customer - and against separate reimbursement of costs.

 

3. prices, terms of payment, delivery

3.1 Unless other amounts are expressly stated in the web store, the following flat-rate delivery and shipping costs will be charged:

3.2 Pyhrn-Priel Tourismus GmbH only provides its services via the webshop against prepayment or in case of immediate payment after completion of the order process.

3.3 Invoices from Pyhrn-Priel Tourismus GmbH are due for payment immediately after completion of the order process free of charges and deductions. Delivery of the ordered goods shall only take place after receipt of the full invoice amount on the bank account of Pyhrn-Priel Tourismus GmbH. Should no contract be concluded after payment due to lack of acceptance by Pyhrn-Priel Tourismus GmbH (e.g. because the ordered goods or the ordered quantity is no longer available), the amount will be refunded immediately by Pyhrn-Priel Tourismus GmbH. If the goods designated by the customer in the order are only temporarily unavailable, Pyhrn-Priel Tourismus GmbH will inform the customer of this in the order confirmation. In case of a delivery delay of more than two weeks the customer has the right to withdraw from the contract. Should not all desired goods be in stock and therefore not immediately available, partial deliveries are permitted. In this case, subsequent deliveries are free of shipping costs.

3.4 Pyhrn-Priel Tourismus GmbH currently accepts the following payment methods (i) credit card, (ii) PayPal and (iii) immediate bank transfer.

3.5 Shipment is carried out using standard transport service providers (such as the Austrian Post AG). The risk shall pass to the customer upon delivery of the goods to the carrier.

3.6 Operational disruptions and events of force majeure as well as other events outside the sphere of influence of Pyhrn-Priel Tourismus GmbH, in particular delivery delays of more than two weeks on the part of sub-suppliers, entitle Pyhrn-Priel Tourismus GmbH to withdraw from the contract with regard to the part of the contract not yet fulfilled.

 

4. retention of title

4.1 Goods remain the property of Pyhrn-Priel Tourism GmbH until full payment of the purchase price and all costs and expenses. Resale is only permitted if Pyhrn-Priel Tourismus GmbH has been informed of this in good time in advance, stating the name and exact business address of the purchaser, and Pyhrn-Priel Tourismus GmbH expressly agrees to the sale.

4.2 In case of delayed payment Pyhrn-Priel Tourismus GmbH is entitled to assert its rights arising from the reservation of ownership. The assertion of the reservation of title by Pyhrn-Priel Tourismus GmbH does not constitute withdrawal from the contract, unless Pyhrn-Priel Tourismus GmbH expressly declares its withdrawal from the contract.


5. default of acceptance

If the customer is in default of acceptance Pyhrn-Priel Tourismus GmbH has the right to withdraw from the contract after setting a reasonable period of grace and to resell the goods after having withdrawn from the contract. In the event that Pyhrn-Priel Tourismus GmbH exercises this right of withdrawal, the customer shall pay a lump sum of 10% of the invoice amount as compensation for the expenses incurred by Pyhrn-Priel Tourismus GmbH and subject to the right of judicial mitigation. The assertion of further damages remains unaffected.

„Pyhrn-Priel-Cards“

1. validity, object

1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, E-Mail: info@pyhrn-priel.net ("Pyhrn-Priel Tourismus GmbH") issues various (discount) cards ("Pyhrn-Priel-Cards") to customers, who can purchase and use them under the following conditions.

1.2 The following provisions of this Special Section of the General Terms and Conditions of Pyhrn-Priel Tourismus GmbH ("Terms and Conditions") only apply to the purchase and use of Pyhrn-Priel-Cards by customers (hereinafter referred to as "Customers" or individually gender-neutral "Customer"). Insofar as this Special Section does not contain any provisions, the provisions of the General Section of the GTC shall apply.


2. service content, tariffs

The Pyhrn-Priel Cards issued by Pyhrn-Priel Tourismus GmbH, including service content and rates, are published in the service brochure available electronically at "www.pyhrn-priel-card.at". The service brochure contains a detailed description of the respective Pyhrn-Priel-Cards, the sources of supply, the scope of services, the period of validity or conditions of validity, the associated services and discounts for the different age groups, the prices and the service partners.

 

3. use, non-transferability, abuse

3.1 In order to obtain the benefits of the Card, the Cardholder must present his Pyhrn-Priel Card. The Card is checked for validity and identity by the service partner through an acceptance device or by simple visual inspection with a note of the card number and the name of the holder. The cardholder is obliged to present a valid photo identification upon request, otherwise free use of the card may be denied.

3.2 The Pyhrn-Priel Cards are not transferable and may only be used by the person whose name and identification number is on the card. If the Pyhrn-Priel Card is not used no replacement can be claimed or paid for.

3.3 In the event of misuse or suspicion of misuse the service partners are entitled or obliged to retain the Card without replacement. In the event of misuse or justified suspicion of misuse, a complaint will be made if necessary. In the event of theft or loss the Cardholder is obliged to report this incident to Pyhrn-Priel Tourism GmbH immediately (for contact details see point 1.1.). There is no entitlement to replacement of the card or reduction of the purchase price.

 

4. service partner

4.1 All service partners listed in the service brochure have undertaken to provide the holders of Pyhrn-Priel Cards with the services identified for the respective Pyhrn-Priel Cards, in accordance with and taking into account their own general terms and conditions of carriage and business, without restriction in terms of time and quantity.

4.2 Points 4. and 5. of the General Section of the General Terms and Conditions shall apply accordingly. In addition, it is pointed out that the operating and opening hours of some service partners, especially due to weather and seasonal circumstances, do not coincide with the entire period of the Card season. Some service partners may also have longer waiting times for capacity reasons.

 

5. damage, loss

5.1 If the Pyhrn-Priel Card is damaged or has technical defects, the customer can contact the service partner or any official issuing office, who will replace the damaged card.

5.2 Pyhrn-Priel Tourism GmbH must be informed immediately in the event of loss of the Card. After a new Card has been issued, the lost Card shall lose its validity with immediate effect. The fee for the reissue of the Pyhrn-Priel Card is stated in the service brochure or on www.pyhrn-priel-card.at.

"B2B Businesses"

1. validity and object

1.1 The following provisions of this Special Section of the General Terms and Conditions ("GTC") of Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, E-Mail: info@pyhrn-priel.net ("Pyhrn-Priel Tourismus GmbH") apply to all contractual relationships between Pyhrn-Priel Tourismus GmbH and contractual partners who are entrepreneurs in the sense of the Consumer Protection Act as amended ("Consumer Protection Act") (hereinafter referred to as "Company").

1.2 Insofar as this Special Section does not contain any regulations, the provisions of the General Section of the GTC shall apply.


2. provision of services

The company must provide its services in accordance with the contract and in accordance with the state of the art or the rules of the art (lege artis). Payment of the agreed remuneration shall only be made after the services have been rendered in full in accordance with the contract (fulfilment of contract) by the company and after an invoice entitling to deduction of input tax (in accordance with the German Value Added Tax Act as amended) has been issued and sent to Pyhrn-Priel Tourismus GmbH.

 

3. early termination of contracts

3.1 Pyhrn-Priel Tourismus GmbH is entitled to cancel any contracts of any kind (including contracts for work and services as well as permanent and fixed-term obligations) irrespective of the agreements made with the company, even before the company has fulfilled them in full and before time has expired, with immediate effect for objective reasons. An objective reason is deemed to exist, for example, if the Company is in default with the provision of its services, the quality of the Company's services gives cause for complaint, a customer of Pyhrn-Priel Tourism GmbH is not satisfied with the Company's services, it is foreseeable that the Company will not provide the services in accordance with the contract, the company lacks the necessary cooperation and collaboration with Pyhrn-Priel Tourismus GmbH or other contractors in whole or in part or there are other reasons which are detrimental to a high quality, faultless, reliable and on-time service provision by the company

3.2 If Pyhrn-Priel Tourismus GmbH declares the termination of the contract for factual reasons, the company shall be entitled to the agreed remuneration for the services rendered up to that point in time in the ratio which corresponds to the ratio of the services commissioned to the services actually rendered by the company. Further claims of the company are expressly excluded.


4. warranty, liability

4.1 Notwithstanding the statutory provisions, the presumption pursuant to § 924 sentence 2 of the General Civil Code as amended ("ABGB") that a defect already existed at the time of delivery shall apply for the entire duration of the warranty period, unless it is incompatible with the nature of the item or the defect. In the event of defects Pyhrn-Priel Tourismus GmbH is also entitled, after the unsuccessful expiry of a reasonable grace period granted to the company, in addition to the statutory default and warranty remedies, to have the service carried out by another company of its choice at the expense of the company.

4.2 Pyhrn-Priel Tourismus GmbH's duties or obligations to inspect and give notice of defects (including their legal consequences) as set out in §§ 377 f of the German Company Code (Unternehmensgesetzbuch) as amended from time to time or in other legal provisions are expressly excluded. Claims of Pyhrn-Priel Tourismus GmbH for warranty, compensation as well as claims arising from an error regarding the faultlessness of the delivery therefore remain valid even without notification of defects. The acceptance of services by Pyhrn-Priel Tourismus GmbH (even in the case of obvious defects) and payments by Pyhrn-Priel Tourismus GmbH do not represent an acknowledgement that the delivery is free of defects or a waiver of any claims.

4.3 Insofar as this does not contravene mandatory law, Pyhrn-Priel Tourismus GmbH is only liable for compensation for damages caused to the company in connection with the contract if the cause of such damages was caused by gross negligence or intent. The limitations of liability do not apply to compensation for personal injury. The company bears the burden of proof for the existence of fault on the part of Pyhrn-Priel Tourismus GmbH or its vicarious agents. Pyhrn-Priel Tourismus GmbH shall not be liable for consequential damages, immaterial and indirect damages as well as loss of profit. Insofar as the liability of Pyhrn-Priel Tourismus GmbH is excluded, this also applies to its representatives, employees and other vicarious agents.

 

5. intellectual property rights, copyrights

5.1. The Company shall grant Pyhrn-Priel Tourismus GmbH the right to use the premises of all copyright-protected works within the meaning of the Copyright Act as amended ("UrhG") created for the Company, acquired by the Company and made available or transferred to the Company by the Company, as well as uploaded on its platforms on behalf of the Company, Pyhrn-Priel Tourismus GmbH is entitled (but not obliged) to use the works in individual or all types of exploitation reserved for the author in accordance with §§ 14 to 18a UrhG as well as all future types of exploitation, in particular for sales, advertising and marketing purposes. If the company itself is the author, it waives the copyright designation in accordance with § 20 UrhG.

5.2 The company guarantees that the granting of rights to Pyhrn-Priel Tourismus GmbH is covered by corresponding (copyright, exploitation, licensing or usage) rights and that the works are free from any third party rights of any kind which exclude or restrict unrestricted use by Pyhrn-Priel Tourismus GmbH. The company shall hold Pyhrn-Priel Tourismus GmbH completely harmless and indemnify Pyhrn-Priel Tourismus GmbH in the event of the assertion of third party claims, either in or out of court.


6. contractual relationships with service partners for vouchers

6.1 Pyhrn-Priel Tourismus GmbH offers customers vouchers for sale, which can be redeemed at the redemption points listed on www.urlaubsregion-pyhrn-priel.at (hereinafter referred to as "service partners"). The service partner is obliged to accept the vouchers as cash in payment transactions. A cash redemption is excluded, however.

6.2 In the event of customer claims against Pyhrn-Priel Tourismus GmbH arising from an unjustified refusal by a service partner to accept value vouchers, the service partner must fully indemnify and hold Pyhrn-Priel Tourismus GmbH harmless. This also includes all damages and costs (lawyer's fees, bank charges, etc) incurred by Pyhrn-Priel Tourismus GmbH in this connection.

6.3 If the customer withdraws from business with the service partner after having purchased a voucher in accordance with the provisions of the Fern- und Auswärtsgeschäftegesetz ("FAGG"), the service partner undertakes to take back the goods purchased by the customer and to refund the corresponding amount to Pyhrn-Priel Tourismus GmbH, should Pyhrn-Priel Tourismus GmbH have already forwarded the amounts to the service partner. The situation is different for services already purchased. In this case the customer has no right to withdraw from the contract and there is no obligation for the company to take back the goods or to make a refund.

 

7. use of the Pyhrn-Priel portal

7.1 Third-party providers may present vacation services on the Pyhrn-Priel portal and offer them to customers for direct contract conclusion.

7.2 In order to be able to use the Pyhrn-Priel portal the third party provider must fulfil the necessary technical requirements at his own expense. He must bear the costs for access to the internet as well as connection costs vis-à-vis mobile phone and internet operators.

7.3 The third party provider shall be responsible for entering and continuously updating the contents of the Pyhrn-Priel portal relating to the vacation services offered by him exclusively via the system application feratelDeskline® WebClient at his own responsibility and expense and shall check them for correctness and completeness. The access data for the system application feratelDeskline® WebClient will be provided to the third party provider after conclusion of the contract. The content uploaded by the third party provider must comply with the requirements defined in more detail in the feratelDeskline® WebClient. Pyhrn-Priel Tourismus GmbH may reject content that does not meet the specified quality standard at any time or postpone its activation. Similarly, Pyhrn-Priel Tourismus GmbH reserves the right to reject or cancel the activation of the website if the information entered by the third party provider does not meet the requirements defined in more detail in the feratelDeskline® WebClient.

7.4 Activation of the vacation services on the Pyhrn-Priel portal takes place after all information required for booking by customers has been entered.

7.5 Pyhrn-Priel Tourismus GmbH is entitled to translate the information provided by the third party provider into other languages if necessary, to shorten it or to adapt it to the standard maintained by Pyhrn- Priel Tourismus GmbH.

7.6 The third party provider can change the information entered, such as room availability (hereinafter referred to as "Blocking Data") and price information, at any time, exclusively for future bookings. The changes made are immediately visible and effective. If the entry of blocking data via the system application feratelDeskline® WebClient is not possible for technical reasons, the third party supplier must immediately and verifiably forward the information to Pyhrn-Priel Tourismus GmbH in text form (e.g. by e-mail or fax). If it is not technically impossible to enter information in the feratelDeskline® WebClient, the transmission of information is not intended. If the aforementioned communication channels are nevertheless used by the third party provider, this is done at the sole risk or peril of the third party provider.

7.7 The possibility of changing, withdrawing or cancelling bookings that have already been made can only be made in accordance with the terms and conditions agreed between the customer and the third party provider. The third party provider is exclusively responsible for the processing of any complaints made by the customer.

7.8 The third party provider is obliged to inform all of its own employees responsible for bookings about the existing cooperation as well as about the contractually or currently agreed prices and to train them accordingly.

7.9 The Pyhrn-Priel portal and the system application feratelDeskline® WebClient are operated exclusively in German.

7.10. Guarantee of published prices

7.10.1 The third party provider guarantees that the prices entered via the system application feratelDeskline® WebClient represent the final prices and include all taxes, duties and fees. Misleading, incorrect or infringing information may result in claims of any kind, in particular claims for damages. Under no circumstances may the customer be charged more than the confirmed price on site. In the event of infringement the third party provider is liable and shall hold all parties involved, in particular the customer and Pyhrn-Priel Tourismus GmbH completely harmless and indemnify.

7.10.2 Pyhrn-Priel Tourismus GmbH expressly points out that any damages and other expenses and disadvantages of any kind, which Pyhrn-Priel Tourismus GmbH incurs due to non-compliance with the obligation to quote the correct price, will be charged to the respective third party supplier and that Pyhrn-Priel Tourismus GmbH reserves the right to take further legal action, in particular the right to terminate the contract.

7.11. Accommodation guarantee

7.11.1 The third party provider undertakes, also in relation to the customer, to accept the customer's bookings made via the Pyhrn-Priel portal in any case. The customer is guaranteed accommodation on the agreed terms and conditions and with the equipment features specified in the contract.

7.11.2 This obligation also and especially applies if the third party provider does not enter the blocking data in time. This guarantee (accommodation under the agreed conditions and with the equipment features stated in the contract) is also given by the Partner to Pyhrn-Priel Tourismus GmbH.

7.11.3 Rebooking to other accommodation or accommodation in lower quality accommodation is not permitted. Should a rebooking be made contrary to the terms of the contract, Pyhrn-Priel Tourismus GmbH must be informed immediately. In addition, the third party provider is obliged to provide a written declaration for forwarding to the customer, which makes it clear that Pyhrn-Priel Tourism GmbH is not responsible for the incorrect accommodation provided by the partner.

7.12. Quality guarantee for accommodation

For each booking, the basic equipment of a room, vacation apartment, suite or vacation home etc. typical of the category is considered as agreed. Customers will only be accommodated in accommodation that has the categorized equipment specified in the contract.

7.13. Classification and evaluation of accommodation

The classification by stars given by the third party provider is not binding for Pyhrn-Priel Tourismus GmbH. The third party provider declares his explicit and irrevocable consent that the rating by customers who have made the booking through the Pyhrn-Priel portal or through other Pyhrn-Priel Tourism GmbH sales channels is displayed publicly, including on www.pyhrn-priel.net and www.urlaubsregion-pyhrn-priel.at. The third party provider has no right to the publication of all reviews. Pyhrn-Priel Tourismus GmbH reserves the right to remove or not publish reviews at any time, especially in case of suspicion of misuse or intention to harm. The third party provider has no rights or claims of any kind.

7.14. Blocking of the third party provider

Any of the following circumstances or facts entitles Pyhrn-Priel Tourismus GmbH to immediately block the third party provider in the Pyhrn-Priel portal in whole or in part, permanently or temporarily for all further bookings, without any rights or claims arising for the third party provider; the remaining provisions of the contract and these terms and conditions remain unaffected

a) The third party provider rejects a booking made properly via the system due to the failure of the third party provider to maintain data;

b) The third party provider denies receipt of a properly executed booking

or the refusal of accommodation in spite of a duly completed booking;

c) The customer is accommodated in accommodation of inferior quality or below average size (e.g. "staff room");

d) The customer will be transferred to another accommodation despite the duly executed booking;

e) The customer will be charged a higher price than the contractually or currently agreed price;

f) The customer will be charged for the accommodation despite cancellation in due time; this also includes the inadmissible debit of the customer's credit card;

g) Failure to pay the agreed cost contribution or agreed fees in due time or unjustified reduction of cost contributions;

h) Other conduct damaging to business or reputation;

i) failure to provide the free services guaranteed to the guest.

Any of the above circumstances or facts also entitles Pyhrn-Priel Tourismus GmbH to terminate the contract with the third party provider without notice. After the third party provider has been blocked, Pyhrn-Priel Tourismus GmbH reserves the right to reactivate the third party provider for bookings only after all outstanding cost contributions or other claims have been settled. In the event of a block, the third party provider is not entitled to a cancellation of the block.

 

8. final provisions

8.1 Changes, additions

All changes and amendments to contracts between the company and Pyhrn-Priel Tourismus GmbH as well as any side agreements and additional agreements must be made in (simple) written form to be valid. This also applies to any departure from the written form requirement.

8.2 Right of retention, offsetting

The company has no right of retention on objects, on collected revenues or other payments. Furthermore, the Company is prohibited from offsetting or setting-off its own (remuneration) claims against the proceeds of sale or other payments received. Legal rights of retention and offsetting of the company (§§ 471, 1052 ABGB, 369 f Unternehmensgesetzbuch as amended) are excluded by mutual agreement. Offsetting against claims of Pyhrn-Priel Tourismus GmbH with counterclaims of any kind whatsoever is excluded.

8.3 Exclusion of the fiction of waiver

No waiver of rights can be derived from any act or omission by Pyhrn-Priel Tourismus GmbH unless expressly stated in writing.

8.4 Place of performance

The place of performance for all obligations resulting from or in connection with this contract is agreed to be the registered office of Pyhrn-Priel Tourismus GmbH.

8.5 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship with the company is agreed to be the competent court at the location of the registered office of Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH is entitled to assert its claims optionally at any other available place of jurisdiction.

8.6 Waiver of rescission

The company waives - as far as permitted by mandatory law - the right to contest or assert that contractual relationships with Pyhrn-Priel Tourism GmbH have not been validly concluded or are void for the purpose of adjustment or cancellation (but in any case due to error or lack of or omission of the basis of the contract).

8.7 Severability clause

Should individual provisions in contracts between companies and the Pyhrn-Priel Tourismus GmbH be invalid in whole or in part, all other provisions shall remain valid. The Company and Pyhrn-Priel Tourismus GmbH undertake to replace the invalid or unenforceable provisions with corresponding valid and enforceable provisions which come closest to the economic purpose of this contract. The same applies in the event of a loophole requiring regulation.

8.8 Legal Succession, Transfer

The transfer of contractual agreements between the company and Pyhrn-Priel Tourismus GmbH by the entrepreneur by way of individual or universal succession requires the written consent of Pyhrn-Priel Tourismus GmbH. The contracting parties undertake, taking into account the right of consent of Pyhrn-Priel Tourismus GmbH in sentence 1, to transfer any contractual relationships, including all rights and obligations contained therein, in full and without restriction to any individual or universal legal successors with the obligation to transfer further obligations.

8.9 Guarantee of Signature

The person(s) signing contracts with Pyhrn-Priel Tourismus GmbH on behalf of the company guarantee(s) by their signature with other personal liability that they are entitled to sign legally binding contracts on behalf of the company and are entitled to conclude the contract(s) with Pyhrn-Priel Tourismus GmbH.

Annex ./A