GENERAL PART
1 Validity, subject matter
1.1. These General Terms and Conditions ("GTC") of Alpenland Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@alpenland360.at and Tourismusverband Alpenland, Tourismusverband iSd Oö Tourismusgesetz, UID ATU63147507, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@alpenland360.at, (hereinafter referred to as "ATG") apply - insofar as they are agreed - to all legal transactions with and services provided to their contractual partners (hereinafter referred to as "customers" or individually gender-neutral "customer").
1.2 ATG is only prepared to contract on the terms and conditions set out in its GTC and only offers its services (including ancillary and additional services) on the basis of these terms and conditions. Customers' contractual or business terms and conditions only apply if they have been expressly recognised by ATG. (Fulfilment) actions or silence on the part of the ATG shall not be deemed as acceptance of contractual or business terms and conditions of customers.
1.3 The GTC can be viewed electronically on the ATG website www.alpenland360.at, www.urlaubsregion-pyhrn-priel.at, www.badhall.at, www.steyr-nationalpark.at ("Website"), printed out, downloaded and saved on a storage medium.
1.4 In the cases listed below, the respective provisions listed in the Special Section of the GTC shall also take precedence over the General Section of the GTC, whereby the General Section shall only apply in these cases to the extent that the Special Sections do not contain any independent provisions:
- When using the portals, the provisions of the Special Section "Use of Portal" shall apply.
- When using the Webshop, the provisions of the Special Section "Webshop" shall apply.
- When purchasing and using Pyhrn-Priel Cards, the provisions of the Special Section "Pyhrn-Priel Cards" apply.
- When using the digital holiday companion "Franzi", the provisions of the special section "Digital holiday companion "Franzi"" apply.
- When purchasing and using the Employee Card, the provisions of the Special Section "Employee Card" apply.
- The provisions of the Special Section "Canto media database" apply to the use of images .
- For all contracts concluded with companies, the provisions of the Special Section "B2B Transactions" shall apply.
2 Offers, prices
Unless expressly regulated or agreed otherwise, offers made by ATG are subject to change (non-binding) and only represent an invitation to the customer to submit an offer. Unless expressly regulated or agreed otherwise, prices are to be understood as including the applicable statutory VAT, i.e. gross, but excluding delivery and shipping costs, which will be shown separately if applicable.
3 Warranty, compensation for damages
Unless otherwise expressly regulated or agreed, However, claims for damages against ATG - with the exception of damage to persons - are excluded in cases of slight negligence. The ATG is therefore only liable - except for personal injury - in cases of intent or gross negligence. Insofar as the liability of the ATG is excluded, this also applies to its bodies, employees and other vicarious agents.
4 Provision of electronic platforms
4.1 The ATG operates electronic platforms (in particular on its website), such as in particular a portal for the provision of information and booking options regarding accommodation, activities and other holiday services (hereinafter "Portal") and a webshop ("Webshop") (hereinafter jointly referred to as "Platforms"). These platforms are provided and operated exclusively in German. Insofar as information and registration and ordering processes are occasionally provided in other languages, this is a non-binding service provided by ATG and does not establish any legal claims on the part of customers.
4.2 ATG 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 disruptions and errors to a minimum. However, ATG does not owe any specific (in particular no constant, secure, fault-free and error-free) availability and functionality of the platforms and no success whatsoever (e.g. unrestricted functional operation, a business transaction or a specific usability or exploitability of the content thereon).
4.3 ATG is not responsible for any loss, damage or security impairment of data that occurs outside the sphere of ATG (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 is made against payment of a contribution to cover costs without the intention of making a commercial profit and in this respect represents a service provided by the ATG to promote tourism in the region.
5 Services from third-party providers
5.1 In the fulfilment of its tasks (in particular on its platforms),the ATG provides non-binding and unverified information on accommodation, activities and other holiday services (hereinafter all referred to as "holiday services") in the region, which are advertised and offered exclusively by external companies, such as the respective accommodation providers, hotel operators, service providers and suppliers (hereinafter referred to as "third-party providers"). The ATG exclusively provides a platform for the information and offers of the third-party providers and does not itself offer any holiday services or any intermediary services in this regard. Contracts for booked holiday services are therefore concluded exclusively between the customer and the respective third-party provider and lead to a contractual relationship exclusively between the customer and the respective third-party provider. In this respect, the ATG is neither a contractual partner nor a vicarious agent of the customer or the third-party provider 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 provider. The third-party providers are also not vicarious agents of ATG. The ATG does not receive any remuneration from the third-party providers for holiday bookings made by customers with the third-party providers. The third-party providers merely make a contribution to cover the costs of operating the platforms (see point 4.4. above).
5.2 The contracts between the customer and the third-party provider are therefore governed exclusively by the terms and conditions agreed between them, including the terms of payment and any withdrawal and cancellation options. Contractual claims relating to the holiday services must therefore be asserted exclusively against the third-party provider and any contract withdrawals and cancellations must be declared exclusively to the third-party provider. The ATG will forward any correspondence and / or (cancellation) declarations received by it or declared via its platforms to the relevant third-party provider without obligation and without guarantee or assumption of any responsibility and without assuming or recognising any associated legal obligations.
5.3 ATG does not assume any warranty, liability or responsibility for the services of the customer or the third-party providers or for the completeness and accuracy of information, descriptions, details and other content of any kind whatsoever (all referred to as "content") that is entered by the third-party providers and not checked by ATG. ATG does not provide and does not owe the customer any review or control of any kind whatsoever with regard to the third-party providers themselves or the content provided by them and placed on the portal and - except in justified individual cases - does not carry out any reviews or controls of this content.
6 Own offers
6.1 The following provisions govern the rights and obligations in connection with the booking and reservation of events and experiences for which the ATG itself acts as organiser. It is possible to either reserve tickets for these own events or to pay for them immediately in the portal or directly.
6.2 A contract is concluded by a confirmation from the ATG to the customer in text form (e.g. email, delivery of an invoice, reservation confirmation, etc.) after the customer has either entered their registration details in the registration form on the portal and clicked on the "Book with obligation to pay" button, sent their registration documents to the ATG in another way or made these known on site at the ATG's business premises. This confirmation of registration is deemed to be proof of the booking and must be presented to the respective provider on site.
6.3 For online bookings and online reservations, customers have the option of printing out the text of the contract during the registration process and before the contract is concluded.
6.4 There is no entitlement to the conclusion of a contract. The ATG is free to reject any offer from a customer to conclude a contract without giving reasons.
6.5 The reservation and purchase of tickets are binding. The contract is concluded by the provision of the confirmation of registration (see point 6.2.). Registrations will be considered in the order in which they arrive. Registrations that can no longer be considered will be cancelled. The correct provision of the required data is required for a booking. Any changes to this data must be reported to the ATG immediately.
6.6 Unless otherwise agreed between the contracting parties, the ticket prices for reserved tickets must be paid on site at the event.
6.7 Cancellations by the customer (except within the scope of the statutory right of withdrawal for consumers) are only possible in accordance with the special cancellation conditions, which are determined individually for the respective event. The individual cancellation conditions will be made available to the customer before the booking is made and will also be shown in the booking confirmation.
6.8 At the customer's request, the ATG will endeavour to rebook the customer for a subsequent date. However, the customer has no legal claim to this.
6.9 Unless otherwise agreed between the contracting parties, a substitute participant may be named at any time free of charge.
6.10. Due to the long-term planning of the events, the ATG reserves the right to make changes to the programme for organisational reasons, in particular changes to dates, locations, etc.
6.11. There is no entitlement to full or partial realisation of the events. In particular, ATG reserves the right to postpone the start of the event or to cancel the event in its entirety if the required number of participants is not reached.
6.12. The customer will be informed by the ATG of programme changes, postponements and cancellations in good time.
6.13. Events cancelled due to the ATG's inability to attend will be rescheduled on another or additional dates without additional charges if possible.
6.14. In the event of a postponement that does not only affect a postponement within one working day (e.g. from 2 p.m. to 4 p.m. on the same day), the customer may cancel participation in the event free of charge.
6.15. In the event of cancellation of the event without substitution or cancellation in due time, ATG will refund any ticket prices already paid.
6.16. With regard to any claims for damages arising from rebookings, programme changes or cancellations, point 3 of the General Section of these GTC (Warranty, Compensation) shall apply. The possibility of cancellation by the customer in accordance with point 6.14. remains unaffected by this.
6.17. By purchasing a ticket, the customer undertakes to observe the house rules of the respective event venue and to follow the instructions of the event staff.
7 Accommodation classification
The standard international accommodation classification according to stars provides a non-binding indication of the standard of accommodation. The accommodation classification stated in the documents or on the ATG platforms is based exclusively on the respective categorisation procedure of the responsible chambers (e.g. Chamber of Commerce). All additional content is based on information provided by the third-party providers, for which the ATG assumes no guarantee or liability (see point 5.3.).
8 Vouchers
8.1 The ATG offers customers the purchase of vouchers that 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 the ATG and the customer solely for the purchase of the vouchers. Even in this case, no contractual relationship is established between the ATG and the customer regarding the goods or services to be purchased by the customer via the voucher, such as holiday services in particular; such a relationship is only established between the customer and the respective service partner (only) when the vouchers are redeemed. Point 5. also applies analogously to the service partners.
8.2 Cash redemption of the voucher or the value securitised by it is excluded.
8.3 Customers have the option of withdrawing from the purchase contract for the purchase of the vouchers if the conditions set out in Annex ./A Cancellation and withdrawal instructions are met, if and to the extent that the vouchers have not yet been redeemed. To the extent that the vouchers have already been redeemed with the service partners, the terms and conditions agreed between the customer and the service partner shall apply exclusively and any rights of withdrawal and cancellation shall also be governed by these terms and conditions.
9 Intellectual property rights, copyrights
9.1 Unless expressly agreed otherwise with the customer, all intellectual property rights (including industrial property rights) shall remain the exclusive property of ATG. The customer does not receive or acquire any rights whatsoever to them. Customers are only permitted personal, intended and unalterable use in compliance with these GTC and the applicable legal provisions. Any other use, utilisation, modification, reproduction or distribution requires the prior express consent of ATG.
9.2 Insofar as the ATG has not expressly granted the customer rights of use or authorisations to use works protected by copyright of the ATG (such as software, databases, content, plans, sketches, brochures, catalogues, presentations) within the meaning of Section 24 of the Austrian Copyright Act as amended ("UrhG"), the exploitation rights to these works pursuant to Sections 14 to 18a UrhG shall remain exclusively with the ATG.
10 Data protection
Information on the processing of personal data of customers by the ATG can be found on the website under the domain https://www.alpenland360.at/datenschutz, https://www.urlaubsregion-pyhrn-priel.at/datenschutz, https://www.badhall.at/datenschutz, https://www.steyr-nationalpark.at/datenschutz available data protection information.
11 Online platform for dispute resolution
11.1 The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr. Consumers within the meaning of the Consumer Protection Act as amended ("KSchG") have the option of using this platform to resolve their disputes. Pursuant to Section 19 (3) of the Alternative Dispute Resolution Act as amended, entrepreneurs must inform customers of the competent bodies for alternative dispute resolution on paper or another durable medium if they are unable to reach an agreement with them in a dispute. For online transactions, these are www.ombudsmann.at and www.verbraucherschlichtung.or.at.
11.2 ATG hereby declares that it will not participate in alternative dispute resolution proceedings before the competent alternative dispute resolution bodies, unless there is a mandatory legal obligation to do so.
12. final provisions
12.1 Offsetting
Offsetting against ATG's claims with counterclaims of any kind whatsoever is excluded, except in the event of ATG's insolvency and for counterclaims that are legally related to ATG's claim, have been established by a court or recognised by ATG. In these cases, the customer has the option of offsetting.
12.2. Applicable law
Subject to mandatory provisions of the country of residence of customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG), these GTC (including the question of their inclusion, their valid conclusion and their prior and subsequent effects) are subject 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).
12.3 Linked websites
Links to external websites contained on the ATG websites are completely beyond the control of the ATG. The ATG also does not carry out any checks on the linked websites and their content and is not obliged to do so vis-à-vis the customer. The ATG therefore provides no guarantee, nor is it 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.
12.4. Linguistic deviations
If these GTC are also provided in whole or in part in other languages, ATG assumes no guarantee or liability for the (purchased) translation of these GTC into other languages. In the event of linguistic deviations in the GTC written in other languages, the German version shall take precedence over the GTC written in other languages.
12.5. Annexes
The following annexes form an integral part of these GTC:
"Pyhrn-Priel-Cards"
1. validity, object
1.1 Alpenland Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@alpenland360.at and Tourismusverband Alpenland, (hereinafter referred to as "ATG") 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 the ATG ("GTC") apply only 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 currently issued by the ATG , including the service content and tariffs, are published electronically at "www.pyhrn-priel-card.at", which can be accessed electronically. In particular, the service brochure contains a more 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, misuse
3.1 In order to obtain the card benefits, the cardholder must present his/her Pyhrn-Priel Card. The validity and identity of the Card will be checked by the service partner using an acceptance device or by mere visual inspection with a note of the Card number and the Cardholder's name. The cardholder is obliged to present a valid photo ID upon request, otherwise free use may be refused.
3.2 The Pyhrn-Priel Cards are non-transferable and may only be used by the person whose name and identification number appear on the card. If the Pyhrn-Priel Card is not used, no compensation can be requested or paid.
3.3 In the event of misuse or suspicion of misuse, the service partners are authorised or obliged to retain the card without compensation. In the event of misuse or reasonable suspicion of misuse, a report will be made if necessary. In the event of theft or loss, the cardholder is obliged to report this incident to the ATG 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 partners
4.1 All service partners listed in the service brochure have undertaken to provide the holders of the Pyhrn-Priel Cards with the services designated for the respective Pyhrn-Priel Cards in accordance with and taking into account their own general terms and conditions of carriage and business, in terms of time and quantity and without restriction.
4.2 Points 4 and 5 of the General Section of the GTC shall apply mutatis mutandis. In addition, it should be noted that the operating and opening hours of some service partners do not coincide with the entire period of the Card season, primarily due to weather and seasonal circumstances. Some service partners may also have longer waiting times for capacity reasons.
5 Damage, loss
5.1 In the event of damage or technical defects to the Pyhrn-Priel Card, the customer can contact the service partner or any official issuing office, who will replace the damaged card.
5.2 If the Card is lost, Des ATG must be informed immediately. After reissue, the lost Card loses its validity with immediate effect. The fee for the reissue of the Pyhrn-Priel Card is listed in the service brochure or onwww.pyhrn-priel-card.at .
