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:
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:
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") operates on its publicly accessible website https://www.urlaubsregion-pyhrn-priel.at ("Website") an internet portal with a technical-electronic booking system for online bookings of accommodation (in particular hotels), activities and other holiday services (hereinafter all referred to as "Holiday 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 Tourismus GmbH ("GTC") shall only apply to the use of the Pyhrn-Priel Portal by customers (hereinafter "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 holiday services free of charge on its Pyhrn-Priel Portal and enables direct booking of the same with the respective accommodation providers, hotel operators, service providers and suppliers (hereinafter referred to as "third-party providers"). Pyhrn-Priel Tourismus GmbH only provides the Pyhrn-Priel Portal and does not offer any accommodation or holiday 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 has to bear the costs for access to the Internet as well as connection costs to mobile phone and Internet operators himself.
3.2 In order to be able to use the Pyhrn-Priel Portal, the customer must register once using the online registration form on the website and consent to the GTC of Pyhrn-Priel Tourismus GmbH by actively clicking on the corresponding tick boxes and, if necessary, to the processing of certain personal data, which would not be covered by any other legality condition within the meaning of Art 6 para 1 of Regulation (EU) 2016/679 (General Data Protection Regulation). Registration on and use of the Pyhrn-Priel Portal is free of charge for the customer.
3.3 Only persons who have full legal capacity and are authorised to act on their own behalf 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 act on their own behalf, an express declaration of consent from their legal representatives must be sent to Pyhrn-Priel Tourismus GmbH (for contact details see point 1.1.), otherwise use of the Pyhrn-Priel Portal is not permitted and Pyhrn-Priel Tourismus GmbH is entitled to temporarily block or permanently delete the customer's user account without further ado. Furthermore, in this case the conclusion of contractual relationships both with Pyhrn-Priel Tourismus GmbH and with third-party providers is subject to the condition precedent of the existence of such a declaration of consent.
3.4 All information provided by the customer in the course of registration must be true, correct, up-to-date and complete. The customer is obliged to keep the registration data up to date. In the event of false, incorrect, outdated or incomplete information or if there are reasonable grounds to believe that the customer's information is false, incorrect, outdated or incomplete, Pyhrn-Priel Tourismus GmbH shall be entitled to temporarily block or permanently delete the customer's user account with immediate effect and without prior notice and to prohibit the customer's 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 submitting the completed online registration form electronically, the customer submits a binding offer to Pyhrn-Priel Tourismus GmbH to conclude a contract for the use of the Pyhrn-Priel Portal. Immediately after registration, the customer will receive confirmation of the technical receipt of the registration on the server of Pyhrn-Priel Tourismus GmbH by e-mail ("registration confirmation"). A contract between the (registered) customer and Pyhrn-Priel Tourismus 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 their login details (e-mail address and the password they have chosen).
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 treat his password confidentially and to take the necessary care to ensure that third parties do not gain access to it. Passing on or disclosing the login data to third parties and/or authorising them to use the customer's user account is expressly prohibited. The customer must protect his login data from unauthorised access by third parties, misuse or fraudulent use. The customer must immediately report to Pyhrn-Priel Tourismus GmbH (for contact details see point 1.1.) any unauthorised, improper or fraudulent use of their user account or any suspicion that their user account could be exposed to such a risk and change their password.
3.9 While using the Pyhrn-Priel Portal, the customer is always 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 be able to access their user account and all personal data stored therein if they have a logged-in end device belonging to the customer, and that a logged-in end device may exchange data with Pyhrn-Priel Tourismus GmbH in the background even if it is not actively used, as a result of which the data volume available to the customer from their internet provider may be used and impaired. The customer is therefore advised to actively log out after the end of each use of the Pyhrn-Priel portal by actively clicking on the logout button.
3.10. Pyhrn-Priel Tourismus GmbH is entitled to temporarily block or permanently delete a customer's user account with immediate effect and without prior notice if there is an important reason (e.g. suspicion of unauthorised, abusive or fraudulent use).
4 Booking, prices
4.1 If the customer wishes to book a holiday service on the Pyhrn-Priel Portal, the customer - 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, such as in particular its payment and cancellation conditions - submits a binding offer to the respective third-party provider to conclude a fee-based contract for the holiday service selected by the customer under the terms and conditions of the third-party provider by actively clicking on the "Order with obligation to pay" button at the end of the booking form.
4.2 Immediately after completion of the booking process, the customer will receive an e-mail confirming the technical receipt of the booking request on the third-party provider's server. However, the contract for the holiday service booked by the customer is only concluded after the relevant third-party provider has sent a booking confirmation. The booking confirmation will be sent to the customer by e-mail and - at the customer's discretion - also by fax and/or text message.
4.3 The customer is advised to make appropriate settings in his e-mail account (in particular inbox and spam filter) to ensure that e-mails sent to the e-mail address registered by him reach him.
4.4 The price information on the Pyhrn-Priel portal originates exclusively from the respective third-party provider. Payment is made exclusively directly to the third-party provider.
5 Cancellation
5.1 If the cancellation of a booked holiday service is possible via the Pyhrn-Priel portal, an automatic cancellation number will be assigned in the event of a cancellation by the customer and the cancellation will be automatically forwarded to the relevant third-party provider so that the final cancellation of the holiday service is carried out or confirmed by the relevant third-party provider.
5.2 In order to prevent misuse of the booking system in the Pyhrn-Priel portal and to avoid unnecessarily burdening the third-party providers with incorrect bookings, Pyhrn-Priel Tourismus GmbH reserves the right, notwithstanding points 3 and 5.1, to cancel a booking technically via the Pyhrn-Priel portal in individual cases in consultation with the third-party provider if there is a suspicion of misuse and contact with the customer is not possible or fails. In such cases, Pyhrn-Priel Tourismus GmbH will only technically cancel the booking via the Pyhrn-Priel portal and the third-party provider will process the cancellation. After cancellation, there is no entitlement to the provision of the booked holiday service by the third-party provider.
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.
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 .
1 Validity, subject matter
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"), as a service provider within the meaning of Section 16 of the E-Commerce Act, provides the Digital Holiday Companion service (hereinafter referred to as "Franzi"), via which the duly registered participants (hereinafter referred to as "customers" or individually gender-neutral "customer") can use information and service services of Pyhrn-Priel Tourismus GmbH via their terminal device.
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 Franzi.
1.3 The following GTC govern the provision of services by Pyhrn-Priel Tourismus GmbH and the use of these services by duly registered customers.
1.4 Pyhrn-Priel Tourismus GmbH reserves the right to amend these GTC at any time, including within existing contractual relationships. Pyhrn-Priel Tourismus GmbH will inform the customer of such changes at least 30 calendar days before the planned entry into force of the changes. If the customer does not object to these changes within 30 days of receipt of the notification and continues to use the services after expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the notification of change, Pyhrn-Priel Tourismus GmbH will inform the customer of their right to object, the relevant deadlines for exercising this right and the legal consequences of non-compliance.
2 Registration for participation, handling of access data, termination of participation
2.1 Any use of the Franzi Progressive Web App requires the customer to register. Registration can take place by entering an e-mail address, individual user name and password. The contact details and other information requested by the operator during the registration process must be provided completely and correctly by the customer. Franzi is only available to natural persons for their exclusively private use.
2.2 After the customer has entered all registration data, Pyhrn-Priel Tourismus GmbH will check it for completeness and plausibility. If the information is correct from the point of view of Pyhrn-Priel Tourismus GmbH and Pyhrn-Priel Tourismus GmbH has no other concerns, Pyhrn-Priel Tourismus GmbH will activate access. Once access has been activated, the customer is authorised to use Franzi within the scope of these GTC until the respective log-out.
2.3 The access data, including the password, must be kept secret by the customer and must not be made accessible to unauthorised third parties.
2.4 Furthermore, it is the sole responsibility of the customer to ensure that access to Franzi and use of the services available on the Progressive Web App is carried out exclusively by the customer or by persons authorised by the customer. Pyhrn-Priel Tourismus GmbH must be informed immediately if there is reason to fear that unauthorised third parties have obtained or will obtain knowledge of the customer's access data.
2.5 The customer is obliged to keep their data (including contact details) up to date. If there is a change in the data provided during the period of participation, the customer must inform the operator immediately.
3 Services and content on the Digital Holiday Companion
3.1 Pyhrn-Priel Tourismus GmbH provides the customer with various information and services on Franzi for temporary use. Such services may include, for example, the provision of data, information and other content (hereinafter collectively referred to as "content"), as well as the possibility of transmitting certain data to third parties (guest registration).
3.2 The content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the Digital Holiday Companion.
3.3 The services available on Franzi may also include services from third-party providers (e.g. service providers) to which Pyhrn-Priel Tourismus GmbH merely provides access. The use of such services - which are labelled as third-party services - may be subject to provisions that deviate from or supplement these GTC, to which Pyhrn-Priel Tourismus GmbH will make reference in each case.
3.4 The right to use the services available on Franzi exists only within the scope of the technical and operational possibilities of Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH endeavours to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).
3.5 Pyhrn-Priel Tourismus GmbH is authorised at any time to change services provided on Franzi, to make new services available and to discontinue the provision of services. Pyhrn-Priel Tourismus GmbH will take into account the legitimate interests of the customer.
4 Protection of content, responsibility for third-party content
4.1 The content available on Franzi is generally protected by copyright or other intellectual property rights and is the property of Pyhrn-Priel Tourismus GmbH, other customers or other third parties who have provided the respective content. The compilation of the content as such is at most protected as a database or database work. The customer may only use this content in accordance with these GTC and within the framework specified on the portal.
4.2 The content available on Franzi originates partly from Pyhrn-Priel Tourismus GmbH and partly from other third parties. Content from other third parties is hereinafter collectively referred to as "third-party content". Pyhrn-Priel Tourismus GmbH does not check third-party content for completeness, accuracy, legality and topicality. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose.
4.3 Unless further use is expressly permitted in these GTC or on Franzi, or is enabled on Franzi by a corresponding functionality, the customer may access and display content available on Franzi online for personal purposes only. This right of use is limited to the duration of the contractual participation in Franzi; the customer is prohibited from editing, modifying, translating, presenting or demonstrating, publishing, exhibiting, reproducing or distributing the content available on Franzi in whole or in part. It is also prohibited to remove or alter copyright notices, logos and other labelling or protective notices.
4.4 The customer is only authorised to download and print out content to the extent that a download or print function is available on Franzi.
5 Scope of authorised use, monitoring of usage activities
5.1 The customer's authorisation of use is limited to access to Franzi and to the use of the services available on Franzi within the scope of the provisions of these GTC.
5.2 The customer is responsible for creating the technical conditions necessary for the contractual use of the services within the customer's area of responsibility. Pyhrn-Priel Tourismus GmbH does not owe any advice in this regard.
5.3 Pyhrn-Priel Tourismus GmbH points out that the customer's usage activities may be monitored to the extent permitted by law. This also includes the logging of IP connection data and its evaluation in the event of a concrete suspicion of a breach of these GTC and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offence.
6 Unauthorised activities
6.1 The customer is prohibited from any activities on or in connection with Franzir that violate applicable law or infringe the rights of third parties. In particular, the customer is prohibited from the following actions
6.2 Furthermore, the customer is also prohibited from the following activities, irrespective of any violation of the law, when posting their own content on Franzi and when communicating with other participants:
6.3 The customer is also prohibited from any action that is likely to impair the smooth operation of Franzi.
6.4 Should the customer become aware of any illegal, abusive, non-contractual or otherwise unauthorised use of Franzi, the customer shall contact Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH will then investigate the matter and, if necessary, take appropriate action at its own discretion.
6.5 If there is a suspicion of illegal or criminal offences, Pyhrn-Priel Tourismus GmbH is entitled and, if necessary, obliged to check the customer's activities and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor's office.
7 Blocking of access
7.1 Pyhrn-Priel Tourismus GmbH may temporarily or permanently block the customer's access to Franzi if there are concrete indications that the customer is violating or has violated these GTC and/or applicable law, or if Pyhrn-Priel Tourismus GmbH has another legitimate interest in blocking access. Pyhrn-Priel Tourismus GmbH will take appropriate account of the customer's legitimate interests when deciding whether to block access.
7.2 In the event of temporary or permanent blocking, Pyhrn-Priel Tourismus GmbH shall block the access authorisation and notify the customer of this by email.
7.3 In the event of temporary blocking, Pyhrn-Priel Tourismus GmbH will reactivate the access authorisation after the blocking period has expired and notify the customer of this by e-mail. Permanently blocked access authorisation cannot be restored. Permanently blocked persons are permanently excluded from participating in Franzi.
8 Limitation of liability
8.1 Pyhrn-Priel Tourismus GmbH shall only be liable for damages incurred by the customer as a result of the use of the services provided by Franzi if the damage was caused by the contractual use of the content and/or services, and only in cases of intent or gross negligence on the part of Pyhrn-Priel Tourismus GmbH.
8.2 Pyhrn-Priel Tourismus GmbH is not liable in cases of slightly negligent breach of only insignificant contractual obligations. Otherwise, the liability of Pyhrn-Priel Tourismus GmbH for damages caused by slight negligence is limited to those damages that must typically be expected to occur within the framework of the respective contractual relationship (foreseeable damages typical for the contract). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of Pyhrn-Priel Tourismus GmbH.
9. final provisions
9.1 Unless expressly stated otherwise in these GTC, all declarations made in connection with participation in Franzi must be made in writing or by e-mail. The e-mail address of Pyhrn-Priel Tourismus GmbH is info@pyhrn-priel.net. The postal address of Pyhrn-Priel Tourismus GmbH is Pyhrn-Priel Tourismus GmbH, Bahnhofstraße 2, 4580 Windischgarsten. We reserve the right to change the contact details. In the event of such a change, Pyhrn-Priel Tourismus GmbH will inform the participant accordingly.
9.2 Should any provision of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic intention of the parties.
9.3 These GTC are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
9.4 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of Pyhrn-Priel Tourismus GmbH, insofar as such an agreement on the place of jurisdiction is permissible.
1 Validity, subject matter
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"), as a service provider within the meaning of Section 16 of the E-Commerce Act, provides the Digital Holiday Companion service (hereinafter referred to as "Franzi"), through which the duly registered participants (hereinafter referred to as "customers" or individually gender-neutral "customer") can use information and service services of Pyhrn-Priel Tourismus GmbH via their terminal device.
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 Franzi.
1.3 The following GTC govern the provision of services by Pyhrn-Priel Tourismus GmbH and the use of these services by duly registered customers.
1.4 Pyhrn-Priel Tourismus GmbH reserves the right to amend these GTC at any time, including within existing contractual relationships. Pyhrn-Priel Tourismus GmbH will inform the customer of such changes at least 30 calendar days before the planned entry into force of the changes. If the customer does not object to these changes within 30 days of receipt of the notification and continues to use the services after expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the notification of change, Pyhrn-Priel Tourismus GmbH will inform the customer of their right to object, the relevant deadlines for exercising this right and the legal consequences of non-compliance.
2 Registration for participation, handling of access data, termination of participation
2.1 Any use of the Franzi Progressive Web App requires the customer to register. Registration can take place by entering an e-mail address, individual user name and password. The contact details and other information requested by the operator during the registration process must be provided completely and correctly by the customer. Franzi is only available to natural persons for their exclusively private use.
2.2 After the customer has entered all registration data, Pyhrn-Priel Tourismus GmbH will check it for completeness and plausibility. If the information is correct from the point of view of Pyhrn-Priel Tourismus GmbH and Pyhrn-Priel Tourismus GmbH has no other concerns, Pyhrn-Priel Tourismus GmbH will activate access. Once access has been activated, the customer is authorised to use Franzi within the scope of these GTC until the respective log-out.
2.3 The access data, including the password, must be kept secret by the customer and must not be made accessible to unauthorised third parties.
2.4 Furthermore, it is the sole responsibility of the customer to ensure that access to Franzi and use of the services available on the Progressive Web App is carried out exclusively by the customer or by persons authorised by the customer. Pyhrn-Priel Tourismus GmbH must be informed immediately if there is reason to fear that unauthorised third parties have obtained or will obtain knowledge of the customer's access data.
2.5 The customer is obliged to keep their data (including contact details) up to date. If there is a change in the data provided during the period of participation, the customer must inform the operator immediately.
3 Services and content on the Digital Holiday Companion
3.1 Pyhrn-Priel Tourismus GmbH provides the customer with various information and services on Franzi for temporary use. Such services may include, for example, the provision of data, information and other content (hereinafter collectively referred to as "content"), as well as the possibility of transmitting certain data to third parties (guest registration).
3.2 The content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the Digital Holiday Companion.
3.3 The services available on Franzi may also include services from third-party providers (e.g. service providers) to which Pyhrn-Priel Tourismus GmbH merely provides access. The use of such services - which are labelled as third-party services - may be subject to provisions that deviate from or supplement these GTC, to which Pyhrn-Priel Tourismus GmbH will draw attention in each case.
3.4 The right to use the services available on Franzi exists only within the scope of the technical and operational possibilities of Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH endeavours to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).
3.5 Pyhrn-Priel Tourismus GmbH is authorised at any time to change services provided on Franzi, to make new services available and to discontinue the provision of services. Pyhrn-Priel Tourismus GmbH will take into account the legitimate interests of the customer.
4 Protection of content, responsibility for third-party content
4.1 The content available on Franzi is generally protected by copyright or other intellectual property rights and is the property of Pyhrn-Priel Tourismus GmbH, other customers or other third parties who have made the respective content available. The compilation of the content as such is at most protected as a database or database work. The customer may only use this content in accordance with these GTC and within the framework specified on the portal.
4.2 The content available on Franzi originates partly from Pyhrn-Priel Tourismus GmbH and partly from other third parties. Content from other third parties is hereinafter collectively referred to as "third-party content". Pyhrn-Priel Tourismus GmbH does not check third-party content for completeness, accuracy, legality and topicality. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose.
4.3 Unless further use is expressly permitted in these GTC or on Franzi, or is enabled on Franzi by a corresponding functionality, the customer may access and display content available on Franzi online for personal purposes only. This right of use is limited to the duration of the contractual participation in Franzi; the customer is prohibited from editing, modifying, translating, presenting or demonstrating, publishing, exhibiting, reproducing or distributing the content available on Franzi in whole or in part. It is also prohibited to remove or alter copyright notices, logos and other labelling or protective notices.
4.4 The customer is only authorised to download and print out content to the extent that a download or print function is available on Franzi.
5 Scope of authorised use, monitoring of usage activities
5.1 The customer's authorisation of use is limited to access to Franzi and to the use of the services available on Franzi within the scope of the provisions of these GTC.
5.2 The customer is responsible for creating the technical conditions necessary for the contractual use of the services within the customer's area of responsibility. Pyhrn-Priel Tourismus GmbH does not owe any advice in this regard.
5.3 Pyhrn-Priel Tourismus GmbH points out that the customer's usage activities may be monitored to the extent permitted by law. This also includes the logging of IP connection data and its evaluation in the event of a concrete suspicion of a breach of these GTC and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offence.
6 Unauthorised activities
6.1 The customer is prohibited from any activities on or in connection with Franzir that violate applicable law or infringe the rights of third parties. In particular, the customer is prohibited from the following actions
6.2 Furthermore, the customer is also prohibited from the following activities, irrespective of any violation of the law, when posting their own content on Franzi and when communicating with other participants:
6.3 The customer is also prohibited from any action that is likely to impair the smooth operation of Franzi.
6.4 Should the customer become aware of any illegal, abusive, non-contractual or otherwise unauthorised use of Franzi, the customer shall contact Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH will then investigate the matter and, if necessary, take appropriate action at its own discretion.
6.5 If there is a suspicion of illegal or criminal offences, Pyhrn-Priel Tourismus GmbH is entitled and, if necessary, obliged to check the customer's activities and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor's office.
7 Blocking of access
7.1 Pyhrn-Priel Tourismus GmbH may temporarily or permanently block the customer's access to Franzi if there are concrete indications that the customer is violating or has violated these GTC and/or applicable law, or if Pyhrn-Priel Tourismus GmbH has another legitimate interest in blocking access. Pyhrn-Priel Tourismus GmbH will take appropriate account of the customer's legitimate interests when deciding whether to block access.
7.2 In the event of temporary or permanent blocking, Pyhrn-Priel Tourismus GmbH shall block the access authorisation and notify the customer of this by email.
7.3 In the event of temporary blocking, Pyhrn-Priel Tourismus GmbH will reactivate the access authorisation after the blocking period has expired and notify the customer of this by e-mail. Permanently blocked access authorisation cannot be restored. Permanently blocked persons are permanently excluded from participating in Franzi.
8 Limitation of liability
8.1 Pyhrn-Priel Tourismus GmbH shall only be liable for any loss or damage suffered by the customer as a result of using the services provided by Franzi if the loss or damage was caused by the customer using the content and/or services in accordance with the contract, and only in cases of wilful intent or gross negligence on the part of Pyhrn-Priel Tourismus GmbH.
8.2 Pyhrn-Priel Tourismus GmbH is not liable in cases of slightly negligent breach of only insignificant contractual obligations. Otherwise, the liability of Pyhrn-Priel Tourismus GmbH for damages caused by slight negligence is limited to those damages that must typically be expected to occur within the framework of the respective contractual relationship (foreseeable damages typical for the contract). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of Pyhrn-Priel Tourismus GmbH.
9. final provisions
9.1 Unless expressly stated otherwise in these GTC, all declarations made in the context of participation in Franzi must be made in writing or by e-mail. The e-mail address of Pyhrn-Priel Tourismus GmbH is info@pyhrn-priel.net. The postal address of Pyhrn-Priel Tourismus GmbH is Pyhrn-Priel Tourismus GmbH, Bahnhofstraße 2, 4580 Windischgarsten. We reserve the right to change the contact details. In the event of such a change, Pyhrn-Priel Tourismus GmbH will inform the participant accordingly.
9.2 Should any provision of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic intention of the parties.
9.3 These GTC are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
9.4 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of Pyhrn-Priel Tourismus GmbH, insofar as such an agreement on the place of jurisdiction is permissible.
1 Validity and subject matter
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 of Pyhrn-Priel Tourismus GmbH with contractual partners who are entrepreneurs within the meaning of the Consumer Protection Act as amended ("KSchG") (hereinafter referred to as "companies").
1.2 Insofar as this Special Section does not contain any provisions, the provisions of the General Section of the GTC shall apply.
2. provision of services
The Company shall 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 fee shall only be made after the services have been provided in full in accordance with the contract (fulfilment of the contract) by the company and after an invoice entitling the customer to deduct input tax (in accordance with the Value Added Tax Act as amended) has been issued and sent to Pyhrn-Priel Tourismus GmbH.
3. premature termination of contracts
3.1 Pyhrn-Priel Tourismus GmbH is entitled to terminate contracts of any kind whatsoever (including contracts for work and services as well as open-ended and fixed-term continuing obligations) with immediate effect, irrespective of the agreements made with the company, even before their complete fulfilment by the company and before the expiry of time for objective reasons. An objective reason exists, for example, if the company defaults on its performance, if the quality of the company's performance gives cause for complaint, if a customer of Pyhrn-Priel Tourismus GmbH is not satisfied with the company's performance, if it is foreseeable that the company will not provide the service in accordance with the contract, the company fails to provide the necessary co-operation and collaboration with Pyhrn-Priel Tourismus GmbH or other contractors in whole or in part or there are other reasons which are detrimental to the provision of high-quality, defect-free, reliable and punctual services by the company.
3.2 If Pyhrn-Priel Tourismus GmbH cancels the contract for objective reasons, the company is entitled to the agreed remuneration for the services rendered up to that point in time in the proportion that corresponds to the ratio of the commissioned services to the services actually rendered by the company. Any 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 theAustrianGeneral Civil Code as amended ("ABGB") that a defect was already present at the time of handover 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 performed by another company of its choice at the company's expense.
4.2 Pyhrn-Priel Tourismus GmbH's obligations to inspect and give notice of defects (including their legal consequences) as standardised in §§ 377 f of the Austrian Commercial Code in the currently valid version or in other statutory provisions are expressly excluded. Claims of Pyhrn-Priel Tourismus GmbH for warranty, compensation for damages as well as from an error regarding the freedom from defects of the delivery therefore remain valid in any case 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 constitute an acknowledgement that the delivery is free of defects or a waiver of any claims.
4.3 Insofar as this does not violate mandatory law, Pyhrn-Priel Tourismus GmbH is only liable for compensation for damages caused by it to the company in connection with the contract in the event that the damage was caused by gross negligence or wilful 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 is not liable for consequential damage, immaterial and indirect damage or 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 grants Pyhrn-Priel Tourismus GmbH the spatially, materially and temporally unrestricted right to use works protected by copyright within the meaning of the Copyright Act as amended ("UrhG") within the meaning of § 24 para. 1 sentence 2 UrhG to all works created by the company for it, acquired by it and made available or provided to it by the company as well as uploaded to its platforms on behalf of the company.24 para. 1 sentence 2 UrhG, so that Pyhrn-Priel Tourismus GmbH is exclusively authorised (but not obliged) to use the works for individual or all types of exploitation reserved to the author in accordance with §§ 14 to 18a UrhG as well as for all future types of exploitation, in particular also for sales, advertising and marketing purposes. If the company itself is the author, it waives the copyright designation pursuant to § 20 UrhG.
5.2 The company guarantees that the granting of rights to Pyhrn-Priel Tourismus GmbH is covered by corresponding (copyright, exploitation, licence or usage) rights and that the works are free from any rights of third parties that exclude or restrict unrestricted use by Pyhrn-Priel Tourismus GmbH. The company shall fully indemnify and hold Pyhrn-Priel Tourismus GmbH harmless in the event of claims by third parties being asserted 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 https://www.urlaubsregion-pyhrn-priel.at (hereinafter referred to as "service partners"). The service partner is obliged to accept the vouchers in payment transactions in the same way as cash. However, cash redemption is excluded.
6.2 In the event of claims by customers against Pyhrn-Priel Tourismus GmbH arising from an unjustified refusal to accept vouchers by a service partner, the service partner must fully indemnify and hold Pyhrn-Priel Tourismus GmbH harmless. This also includes all damages and costs (legal fees, bank charges, etc.) incurred by Pyhrn-Priel Tourismus GmbH in this connection.
6.3 If the customer cancels the transaction with the service partner after purchasing a voucher in accordance with the provisions of the Austrian Distance and Off-Premises Transactions Act ("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 if Pyhrn-Priel Tourismus GmbH has already forwarded the amounts to the service partner. The situation is different for services already purchased. In this case, the customer's right of cancellation is excluded and the company has no obligation to take back or refund the money.
7 Use of the Pyhrn-Priel Portal
7.1 Third-party providers may present holiday 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 its own expense. They must bear the costs for access to the Internet and connection costs to mobile phone and Internet operators themselves.
7.3 The Third-Party Supplier must, on its own responsibility and at its own expense, enter the content relating to the holiday service it offers into the Pyhrn-Priel Portal exclusively via the feratelDeskline® WebClient system application, update it on an ongoing basis and check it for accuracy and completeness. The third-party provider shall receive the access data for the feratelDeskline® WebClient system application after conclusion of the contract. The content uploaded by the third-party provider must fulfil the requirements defined in feratelDeskline® WebClient. Pyhrn-Priel Tourismus GmbH may at any time reject content that does not meet the specified quality standard or withhold activation. Pyhrn-Priel Tourismus GmbH also reserves the right to suspend or cancel the activation if the information entered by the third-party provider does not meet the requirements defined in more detail in the feratelDeskline® WebClient.
7.4 The activation of the holiday services in the Pyhrn-Priel-Portal takes place after the customer has entered all the information required for the booking.
7.5 Pyhrn-Priel Tourismus GmbH is authorised 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 may 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 will be immediately visible and effective. If it is not possible to enter blocking data via the feratelDeskline® WebClient system application for technical reasons, the third-party provider must immediately forward the information to Pyhrn-Priel Tourismus GmbH in text form (e.g. by e-mail or fax). If there is no technical impossibility 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 of the third-party provider.
7.7 Changes to, withdrawal from and cancellation of bookings already made can only be made in accordance with the conditions agreed between the customer and the third-party provider. The third-party provider is solely responsible for handling any complaints 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 and about the contractually or currently agreed prices and to train them accordingly.
7.9 The Pyhrn-Priel Portal and the feratelDeskline® WebClient system application 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 feratelDeskline® WebClient system application 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 shall be liable and shall fully indemnify and hold harmless all parties involved, in particular the customer and Pyhrn-Priel Tourismus GmbH.
7.10.2 Pyhrn-Priel Tourismus GmbH expressly points out that any damages and other expenses and disadvantages of any kind incurred by Pyhrn-Priel Tourismus GmbH as a result of non-compliance with the obligation to provide correct prices will in any case be charged to the respective third-party provider and that Pyhrn-Priel Tourismus GmbH reserves the right to take further legal action, in particular the extraordinary cancellation of the contract.
7.11. Guarantee of accommodation
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. The customer is guaranteed accommodation under the agreed conditions and with the facilities specified in the contract.
7.11.2 This obligation shall also and above all apply if the blocking data is not entered by the third-party provider in good time. This guarantee (accommodation under the agreed conditions and with the features specified in the contract) is also given by the partner to Pyhrn-Priel Tourismus GmbH.
7.11.3 Rebookings to other accommodation or accommodation of inferior quality are not permitted. Should a rebooking nevertheless be made in breach of 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 Tourismus GmbH is not responsible for the improper accommodation provided by the partner.
7.12. Quality guarantee for accommodation
For each booking, the basic equipment of a typical category room, holiday flat, suite or holiday home etc. is deemed to have been agreed. Customers will only be accommodated in accommodation that has the categorised facilities specified in the contract.
7.13. Classification and rating of the accommodation
The categorisation by stars specified by the third-party provider is not binding for Pyhrn-Priel Tourismus GmbH. The third-party provider declares its express and irrevocable consent that the rating by customers who have made the booking via the Pyhrn-Priel Portal or through other sales channels of Pyhrn-Priel Tourismus GmbH may be displayed publicly, including on www.pyhrn-priel.net and www.urlaubsregion-pyhrn-priel.at. The third-party provider is not entitled to the publication of all reviews. Pyhrn-Priel Tourismus GmbH reserves the right to remove or not publish reviews at any time, particularly in the event of suspected misuse or intent to cause harm. This does not give rise to any rights or claims of any kind for the third-party provider.
7.14. Blocking of the third-party provider
Any of the following circumstances or circumstances shall entitle Pyhrn-Priel Tourismus GmbH to immediately block the third-party provider in the Pyhrn-Priel Portal for all further bookings, in whole or in part, permanently or temporarily, without this giving rise to any rights or claims for the third-party provider; the remaining provisions of the contract and these GTC shall remain unaffected.
a) The third-party provider rejects a booking duly made via the system due to its failure to maintain the data;
b) The third-party provider disputes the receipt of a properly executed booking
or the refusal of accommodation despite a properly completed booking;
c) The customer is accommodated in accommodation of inferior quality or below average size (e.g. "staff rooms");
d) The customer is relocated to other accommodation despite having made a proper booking;
e) The customer is charged a higher price than the contractually or currently agreed price;
f) The customer is charged for the accommodation despite timely cancellation; this also includes the unauthorised charging of the customer's credit card;
g) Failure to pay the agreed cost contribution or agreed fees on time or unjustified reduction of cost contributions;
h) Other behaviour that damages the business or reputation;
i) failure to provide the services guaranteed to the guest free of charge.
Each of the above circumstances or facts also entitles Pyhrn-Priel Tourismus GmbH to extraordinary cancellation (without notice) of the contract with the third-party provider. After blocking the third-party provider, Pyhrn-Priel Tourismus GmbH reserves the right to only reactivate the third-party provider for bookings once all outstanding cost contributions or other claims have been settled. However, in the event of a block, the third-party provider shall not be entitled to have the block lifted.
8 Final provisions
8.1 Amendments, supplements
All amendments and additions to contracts between the company and Pyhrn-Priel Tourismus GmbH as well as any side agreements and additional agreements must be made in writing in order to be valid. This also applies to any waiver of the written form requirement.
8.2 Right of retention, offsetting
The company shall have no right of retention to objects, proceeds received or other payments. Furthermore, the company is prohibited from offsetting or netting its own (payment) claims against the proceeds of sale or other payments received. Statutory rights of retention and set-off 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 an act or omission by Pyhrn-Priel Tourismus GmbH if such a waiver is not expressly declared by Pyhrn-Priel Tourismus GmbH in writing.
8.4 Place of fulfilment
The place of fulfilment for all obligations arising from or in connection with this contract shall 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 shall be the competent court at the registered office of Pyhrn-Priel Tourismus GmbH. Pyhrn-Priel Tourismus GmbH is also entitled to assert its claims at any other available place of jurisdiction.
8.6 Waiver of avoidance
The company waives - as far as permitted by mandatory law - the right to contest contractual relationships with Pyhrn-Priel Tourismus GmbH for the purpose of adjustment or cancellation (but in any case due to error or absence or discontinuation of the basis of the transaction) or to assert that they have not been validly concluded or are null and void.
8.7 Severability clause
Should individual provisions in contracts between the company and 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 ineffective or unenforceable provisions with corresponding, effective and enforceable provisions that 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 of obligations
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 and universal successors with the obligation to continue to be bound.
8.9 Signature guarantee
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 authorised to sign on behalf of the company in a legally binding manner and are authorised to conclude the contract(s) with Pyhrn-Priel Tourismus GmbH.