GENERAL PART
1 Validity, subject matter
1.1 These 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 - insofar as they are agreed - to all legal transactions with and services to its contractual partners (hereinafter referred to as "customers" or individually gender-neutral "customer").
1.2 Pyhrn-Priel Tourismus GmbH 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. Contractual or business terms and conditions of customers shall only apply if they have been expressly recognised by Pyhrn-Priel Tourismus GmbH.
(Fulfilment) actions or silence on the part of Pyhrn-Priel Tourismus GmbH shall not be deemed as acceptance of contractual or business terms and conditions of customers.
1.3 The GTC can be accessed electronically on the website of Pyhrn-Priel Tourismus GmbH https://www.urlaubsregion-pyhrn-priel.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 apply in addition to 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 thePyhrn-PrielPortal, the provisions of the Special Section "Use of the Pyhrn-Priel Portal" shall apply.
- When using the webshop, the provisions of the Special Section "Webshop" apply.
- The provisions of the Special Section "Pyhrn-Priel Cards" apply to the purchase and use of Pyhrn-Priel Cards.
- When using the Digital Holiday Companion "Franzi", the provisions of the Special Teles "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 from Pyhrn-Priel Tourismus GmbH 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 value added tax, i.e. gross, but excluding delivery and shipping costs, which may be shown separately.
3 Warranty, compensation for damages
Unless expressly regulated or agreed otherwise, the statutory warranty and compensation provisions shall apply. However, claims for damages against Pyhrn-Priel Tourismus GmbH are excluded in cases of slight negligence, with the exception of personal injury. Pyhrn-Priel Tourismus GmbH is therefore only liable - except for personal injury - in cases of intent or gross negligence. Insofar as the liability of Pyhrn-Priel Tourismus GmbH is excluded, this also applies to its organs, employees and other vicarious agents.
4 Provision of electronic platforms
4.1 Pyhrn-Priel Tourismus GmbH 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 "Pyhrn-Priel 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 provided as a non-binding service by 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 disruptions and errors to a minimum. However, Pyhrn-Priel Tourismus GmbH does not owe any specific (in particular no constant, secure, fault-free and error-free) availability and functionality of the platforms and no success of any kind (e.g. unrestricted functional operation, a business transaction or a specific usability or usability of the content on them).
4.3 Pyhrn-Priel Tourismus GmbH is not responsible for any loss, damage or security breaches 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 provided 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 Tourismus GmbH to promote tourism in the region.
5 Services from third-party providers
5.1 Pyhrn-Priel Tourismus GmbH provides non-binding and unverified information on accommodation, activities and other holiday services (hereinafter all referred to as "holiday services") in the Pyhrn-Priel region in fulfilment of its tasks (in particular on its platforms), 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"). Pyhrn-Priel Tourismus GmbH 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, Pyhrn-Priel Tourismus GmbH 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 Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH does not receive any remuneration from the third-party providers for holiday service 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. Pyhrn-Priel Tourismus GmbH 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 Pyhrn-Priel Tourismus GmbH assumes no warranty, liability or responsibility for the services of the customer or the third-party providers, nor for the completeness and accuracy of the 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 Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH does not provide and does not owe the customer any review or control of any kind whatsoever regarding the third-party providers themselves or the content provided by them and placed on the Pyhrn-Priel portal and - except in justified individual cases - does not carry out any reviews or controls of this content.
6. classification of accommodation
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 platforms of Pyhrn-Priel Tourismus GmbH 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 Pyhrn-Priel Tourismus GmbH assumes no guarantee or liability (see point 5.3.).
7 Value vouchers
7.1 Pyhrn-Priel Tourismus GmbH 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 Pyhrn-Priel Tourismus GmbH and the customer solely for the purchase of the vouchers. Even 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 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 mutatis mutandis to the service partners.
7.2 Cash redemption of the voucher or the value securitised by it is excluded.
7.3 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.
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 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 Pyhrn-Priel Tourismus GmbH.
8.2. Insofar as Pyhrn-Priel Tourismus GmbH has not expressly granted the customer rights of use or permission to use works protected by copyright of Pyhrn-Priel Tourismus GmbH (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 Pyhrn-Priel Tourismus GmbH.
9. data protection
Information on the processing of personal data of customers by Pyhrn-Priel Tourismus GmbH can be found 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 you can find at https://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 https://www.ombudsstelle.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 mandatory 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 event of insolvency of Pyhrn-Priel Tourismus GmbH and for counterclaims that are legally related to the claims of Pyhrn-Priel Tourismus GmbH, have been established by a court or recognised by Pyhrn-Priel Tourismus GmbH. In these cases, the customer has the option of offsetting.
11.2 Applicable law
These GTC (including the question of their inclusion, their valid conclusion and their prior and subsequent 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 - 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. Pyhrn-Priel Tourismus GmbH 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. Pyhrn-Priel Tourismus GmbH 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.
11.4 Linguistic deviations
If these GTC are also provided in whole or in part in other languages, Pyhrn-Priel Tourismus GmbH 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.
11.5 Annexes
The following annexes form an integral part of these GTC:
"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-PrielCards") 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 ("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 Pyhrn-Priel Tourismus GmbH, including the service content and tariffs, are published in the service brochure available electronically at"www.pyhrn-priel-card.at". 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 immediately to Pyhrn-Priel Tourismus GmbH (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 without restriction in terms of time and quantity in accordance with and taking into account their own general terms and conditions of carriage and business.
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, mainly 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, Pyhrn-Priel Tourismus GmbH must be informed immediately. After reissue, the lost Card loses its validity with immediate effect. The fee for reissuing the Pyhrn-Priel Card is shown in the service brochure or on www.pyhrn-priel-card.at .
SPECIAL PART
"Webshop"
1 Object and validity
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") operates a webshop for the sale of goods and services (hereinafter referred to as "Webshop") on its publicly accessible website https://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 ("GTC") apply only to the use of the Webshop 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 Offer, conclusion of contract in the webshop
2.1 All offers of Pyhrn-Priel Tourismus GmbH in the webshop are limited to the availability of the goods and are merely to be understood as an invitation to place an order. For the customer's order, consent to the GTC of Pyhrn-Priel Tourismus GmbH and, if necessary, to the processing of certain personal data, which would not be covered by any other lawfulness condition within the meaning of Art 6 (1) of Regulation (EU) 2016/679 (General Data Protection Regulation), is required. The customer grants the aforementioned consents by actively clicking on the corresponding tick boxes and only the order, which is then sent by clicking on the "Order with obligation to pay" button at the end of the order 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 takes place by sending an order confirmation within four working days, whereby Saturday does not count as a working day, or by immediate dispatch of the goods. The automatic confirmation of receipt by e-mail, in which the customer's order is stated again, merely documents the technical receipt or receipt of the customer's order by Pyhrn-Priel Tourismus GmbH and does not yet constitute acceptance.
2.3 Subsequent requests for changes can - without legal claim of the customer - only be carried out in exceptional cases and against corresponding separate reimbursement of costs.
3 Prices, terms of payment, delivery
3.1 Unless other amounts are expressly stated in the webshop, the following flat-rate delivery and shipping costs will be charged:
3.2 Pyhrn-Priel Tourismus GmbH provides its services via the webshop only against advance payment or 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. The ordered goods will only be delivered after the full invoice amount has been credited to the bank account of Pyhrn-Priel Tourismus GmbH. If no contract is concluded after payment due to non-acceptance by Pyhrn-Priel Tourismus GmbH (e.g. because the ordered goods or the ordered quantity is no longer available), Pyhrn-Priel Tourismus GmbH will refund the amount immediately. If the goods specified 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 the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. If not all requested goods are in stock and therefore not immediately available, partial deliveries are permitted. In this case, subsequent deliveries shall be free of shipping costs.
3.4 Pyhrn-Priel Tourismus GmbH currently accepts the following payment methods: (i) credit card, (ii) PayPal and (iii) instant bank transfer.
3.5 The dispatch is carried out using standard transport service providers (such as Österreichische 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 beyond the control of Pyhrn-Priel Tourismus GmbH, in particular delivery delays of more than two weeks on the part of upstream suppliers, shall entitle Pyhrn-Priel Tourismus GmbH to withdraw from the contract due to the part not yet fulfilled.
4 Retention of title
4.1 Goods remain the property of Pyhrn-Priel Tourismus GmbH until the purchase price and all costs and expenses have been paid in full. Resale is only permitted if Pyhrn-Priel Tourismus GmbH has been notified in good time in advance, stating the name and exact business address of the buyer, and Pyhrn-Priel Tourismus GmbH expressly consents to the sale.
4.2 In the event of default of payment, Pyhrn-Priel Tourismus GmbH is entitled to assert its rights arising from the retention of title. The assertion of the retention of title by Pyhrn-Priel Tourismus GmbH does not constitute a cancellation of the contract, unless Pyhrn-Priel Tourismus GmbH expressly declares its cancellation of 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 grace period and to resell the goods after cancellation. In the event that Pyhrn-Priel Tourismus GmbH makes use of this right of cancellation, the customer must pay Pyhrn-Priel Tourismus GmbH a lump-sum compensation amounting to 10% of the invoice amount as compensation for the expenses incurred by Pyhrn-Priel Tourismus GmbH and subject to judicial mitigation. The assertion of further damages remains unaffected.
