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: email@example.com, ("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.
- When using the digital holiday companion "Franzi", the provisions of the special telescope "Digital holiday companion" Franzi"" 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
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.
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)
1. validity, object
1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, E-Mail: firstname.lastname@example.org ("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.
1. object and validity
1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, email: email@example.com ("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.