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General Terms and Conditions

Version: V5 | Status: January 2025

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GENERAL PART

1 Validity, subject matter

1.1. These General Terms and Conditions ("GTC") of Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net and the Tourist Association Pyhrn-Priel - Bad Hall - Steyr and the National Park Region, Tourismusverband iSd Oö Tourismusgesetz, UID ATU63147507, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net, (hereinafter referred to as "TVB") apply - insofar as they are agreed - to all legal transactions with and services provided to its contractual partners (hereinafter referred to as "customers" or individually gender-neutral "customer").

1.2 The TVB 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 only apply if they have been expressly recognised by the TVB. (Fulfilment) actions or silence on the part of the TVB shall not be deemed to constitute acceptance of the customer's contractual or business terms and conditions.

1.3 The GTC can be viewed electronically on the TVB website https://www.urlaubsregion-pyhrn-priel.at, https://www.badhall.at/, https://www.steyr-nationalpark.at/("Website"), printed out, downloaded and saved on a storage medium.

1.4 In the cases listed below, the respective provisions listed in the Special Section of the GTC shall also apply in addition to the General Section of the GTC, whereby the General Section shall only apply in these cases to the extent that the Special Sections do not contain any independent provisions:

  • When using the portals, the provisions of the Special Section "Use of Portal" shall apply.
  • When using the Webshop, the provisions of the Special Section "Webshop" shall apply.
  • When purchasing and using Pyhrn-Priel Cards, the provisions of the Special Section "Pyhrn-Priel Cards" apply.
  • When using the digital holiday companion "Franzi", the provisions of the special section "Digital holiday companion "Franzi"" apply.
  • When purchasing and using the Employee Card, the provisions of the Special Section "Employee Card" apply.
  • The provisions of the Special Section "Canto media database" apply to the use of images .
  • For all contracts concluded with companies, the provisions of the Special Section "B2B Transactions" shall apply.

 

2 Offers, prices

Unless expressly regulated or agreed otherwise, TVB offers 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 otherwise expressly regulated or agreed, However, claims for damages against the TVB - with the exception of personal injury - are excluded in cases of slight negligence. The TVB is therefore only liable - except for personal injury - in cases of intent or gross negligence. Insofar as the liability of the TVB is excluded, this also applies to its organs, employees and other vicarious agents.

 

4 Provision of electronic platforms

4.1 The TVB operates electronic platforms (in particular on its website), such as in particular a portal for the provision of information and booking options regarding accommodation, activities and other holiday services (hereinafter "portal") and a web shop ("web shop") (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 of the TVB and does not constitute any legal claims by customers.

4.2 The TVB 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, the TVB does not owe any specific (in particular no constant, secure, fault-free and error-free) availability and functionality of the platforms and no success whatsoever (e.g. unrestricted functional operation, a business transaction or a specific usability or exploitability of the content thereon).

4.3 The TVB is not responsible for any loss, damage or security impairment of data that occurs outside the sphere of the TVB (e.g. during its transmission via the Internet).

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

 

5 Services from third-party providers

5.1 In the fulfilment of its tasks (in particular on its platforms),the TVB provides non-binding and unverified information on accommodation, activities and other holiday services (hereinafter all referred to as "holiday services") in the region, which are advertised and offered exclusively by external companies, such as the respective accommodation providers, hotel operators, service providers and suppliers (hereinafter referred to as "third-party providers"). The TVB only provides a platform for the information and offers of the third-party providers and does not itself offer any holiday services or any intermediary services in this regard. Contracts for booked holiday services are therefore concluded exclusively between the customer and the respective third-party provider and lead to a contractual relationship exclusively between the customer and the respective third-party provider. In this respect, the TVB 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 the TVB. The TVB does not receive any remuneration from the third-party providers for holiday bookings made by customers with the third-party providers. The third-party providers merely make a contribution to cover the costs of operating the platforms (see point 4.4. above).

5.2 The contracts between the customer and the third-party provider are therefore governed exclusively by the terms and conditions agreed between them, including the terms of payment and any withdrawal and cancellation options. Contractual claims relating to the holiday services must therefore be asserted exclusively against the third-party provider and any contract withdrawals and cancellations must be declared exclusively to the third-party provider. The TVB 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, without assuming or recognising any associated legal obligations.

5.3 The TVB assumes no warranty, liability or responsibility for the services of the customer or the third-party providers or for the completeness and accuracy of information, descriptions, details and other content of any kind whatsoever (all referred to as "content") that is entered by the third-party providers and not checked by the TVB. The TVB does not provide and does not owe the customer any review or control of any kind whatsoever with regard to the third-party providers themselves or the content provided by them and placed on the portal and - except in justified individual cases - does not carry out any reviews or controls of this content.

 

6 Own offers

6.1 The following provisions govern the rights and obligations in connection with the booking and reservation of events and experiences for which the TVB itself acts as organiser. It is possible to either reserve tickets for these own events or to pay for them immediately in the portal or directly.

6.2 A contract is concluded by a confirmation from the TVB to the customer in text form (e.g. e-mail, delivery of an invoice, reservation confirmation, etc.) after the customer has either entered their registration details in the registration form on the portal and clicked on the "Book with obligation to pay" button, sent their registration documents to the TVB in another way or announced them on site at the TVB's business premises. This registration confirmation shall be deemed proof of the booking and must be presented to the respective provider on site.

6.3 In the case of online bookings and online reservations, customers have the option of printing out the text of the contract during the registration process and before the contract is concluded.

6.4 There is no entitlement to the conclusion of a contract. The TVB is free to reject any offer from a customer to conclude a contract without giving reasons.

6.5 The reservation and purchase of tickets are binding. The contract is concluded by the provision of the registration confirmation (see point 6.2.). Registrations will be considered in the order in which they arrive. Registrations that can no longer be considered will be cancelled. The correct provision of the required data is required for a booking. Any changes to this data must be reported to the TVB immediately.

6.6 Unless otherwise agreed between the contracting parties, the ticket prices for reserved tickets must be paid on site at the event.

6.7 Cancellations by the customer (except within the scope of the statutory right of withdrawal for consumers) are only possible in accordance with the special cancellation conditions, which are determined individually for the respective event. The individual cancellation conditions will be made available to the customer before the booking is made and will also be shown in the booking confirmation.

6.8 At the customer's request, the TVB will endeavour to rebook the customer for a subsequent date. However, the customer has no legal claim to this.

6.9 Unless otherwise agreed between the contracting parties, a substitute participant may be named at any time free of charge.

6.10. Due to the long-term planning of the events, TVB reserves the right to make changes to the programme for organisational reasons, in particular changes to dates, locations, etc.

6.11. There is no entitlement to full or partial realisation of the events. In particular, TVB reserves the right to postpone the start of the event or to cancel the event in its entirety if the required number of participants is not reached.

6.12. The customer will be informed by TVB in good time of any changes to the programme, postponements and cancellations.

6.13. Events cancelled due to the TVB's inability to attend will be rescheduled on a different or additional date without additional charges if possible.

6.14. In the event of a postponement that does not only affect a postponement within one working day (e.g. from 2 p.m. to 4 p.m. on the same day), the customer may cancel participation in the event free of charge.

6.15. In the event of cancellation of the event without substitution or cancellation in due time, the TVB shall refund any ticket prices already paid.

6.16. With regard to any claims for damages arising from rebookings, programme changes or cancellations, point 3 of the General Section of these GTC (Warranty, Compensation) shall apply. The possibility of cancellation by the customer in accordance with point 6.14. remains unaffected by this.

6.17. By purchasing a ticket, the customer undertakes to observe the house rules of the respective event venue and to follow the instructions of the event staff.

 

7 Accommodation classification

The standard international accommodation classification according to stars provides a non-binding indication of the standard of accommodation. The accommodation classification stated in the documents or on the TVB platforms is based exclusively on the respective categorisation procedure of the responsible chambers (e.g. Chamber of Commerce). All additional content is based on information provided by the third-party providers, for which the TVB assumes no guarantee or liability (see point 5.3.).

 

8. value vouchers

8.1 The TVB offers customers the purchase of vouchers that can be redeemed at the redemption points listed on the website (hereinafter referred to as "service partners"). In this case, a contractual relationship is established between the TVB and the customer solely for the purchase of the vouchers. Even in this case, no contractual relationship is established between the TVB 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.

8.2 Cash redemption of the voucher or the value securitised by it is excluded.

8.3 Customers have the option of withdrawing from the purchase contract for the purchase of the vouchers if the conditions set out in Annex ./A Cancellation and withdrawal instructions are met, if and to the extent that the vouchers have not yet been redeemed. To the extent that the vouchers have already been redeemed with the service partners, the terms and conditions agreed between the customer and the service partner shall apply exclusively and any rights of withdrawal and cancellation shall also be governed by these terms and conditions.

 

9 Intellectual property rights, copyrights

9.1 Unless expressly agreed otherwise with the customer, all intellectual property rights (including industrial property rights) shall remain the exclusive property of TVB. The Customer shall 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 TVB.

9.2 Insofar as the TVB has not expressly granted the customer rights of use or authorisations to use works protected by copyright of the TVB (such as software, databases, content, plans, sketches, brochures, catalogues, presentations) within the meaning of Section 24 of the Austrian Copyright Act as amended ("UrhG"), the exploitation rights to these works pursuant to Sections 14 to 18a UrhG shall remain exclusively with the TVB.

 

10 Data protection

Information on the processing of personal data of customers by the TVB can be found on the website under the domain https://www.urlaubsregion-pyhrn-priel.at/datenschutz, https://www.badhall.at/datenschutz, https://www.steyr-nationalpark.at/datenschutz available data protection information.

 

11 Online platform for dispute resolution

11.1 The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr. Consumers within the meaning of the Consumer Protection Act as amended ("KSchG") have the option of using this platform to resolve their disputes. Pursuant to Section 19 (3) of the Alternative Dispute Resolution Act as amended, entrepreneurs must inform customers of the competent bodies for alternative dispute resolution on paper or another durable medium if they are unable to reach an agreement with them in a dispute. For online transactions, these are www.ombudsmann.at and www.verbraucherschlichtung.or.at.

11.2 TVB hereby declares that it will not participate in alternative dispute resolution proceedings before the competent alternative dispute resolution bodies, unless there is a mandatory legal obligation to do so.

 

12. final provisions

12.1 Offsetting
Offsetting against TVB's claims with counterclaims of any kind whatsoever is excluded, except in the event of TVB's insolvency and for counterclaims that are legally related to TVB's claim, have been established by a court or recognised by TVB. In these cases, the Customer has the option of offsetting.

12.2. 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).

12.3 Linked websites
Links to external websites contained on the TVB websites are completely beyond the control of the TVB. The TVB also does not carry out any checks on the linked websites and their content and is not obliged to do so vis-à-vis the customer. The TVB therefore provides no guarantee, nor is it liable for the accuracy, completeness and legality of linked websites and their content, for which the provider of the linked external website or the content contained therein is solely responsible.

12.4. Linguistic deviations
If these GTC are also provided in whole or in part in other languages, the TVB assumes no guarantee or liability for the (purchased) translation of these GTC into other languages. In the event of linguistic deviations in the GTC written in other languages, the German version shall take precedence over the GTC written in other languages.

12.5. Annexes

The following annexes form an integral part of these GTC:

./A Cancellation and cancellation policy (Consumer Protection Act and Distance and Off-Premises Transactions Act)

./B Sample cancellation and withdrawal form (Consumer Protection Act and Distance and Off-Premises Transactions Act)

 

SPECIAL PART

"Use portal"

1. validity, object

1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net and the Tourismusverband Pyhrn-Priel - Bad Hall - Steyr und die Nationalpark Region, Tourismusverband iSd Oö Tourismusgesetz, UID ATU63147507, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net, (hereinafter referred to as "TVB") operates on its generally accessible websites https://www.urlaubsregion-pyhrn-priel.at, https://www.badhall.at/, https://www.steyr-nationalpark.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 region ("Portal").

1.2 The following provisions of this Special Section of the General Terms and Conditions of the TVB ("GTC") shall only apply to the use of the 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 portal

The TVB provides non-binding information on holiday services on its portal free of charge 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"). The TVB only provides the 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 portal

3.1 In order to be able to use the portal, the customer must fulfil the necessary technical requirements at his own expense. The customer shall bear the costs for access to the Internet as well as connection costs to mobile phone and Internet operators.

3.2 In order to be able to use the portal, the customer must register once using the online registration form on the website and, by actively clicking on the corresponding tick box, consent to the TVB's GTC 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). Registration on and use of the 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 the legal representatives must be sent to the TVB (for contact details see point 1.1.), otherwise use of the portal is not permitted and the TVB is entitled without further ado to temporarily block or permanently delete the customer's user account. Furthermore, in this case, the conclusion of contractual relationships both with the TVB 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, the TVB 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 Portal.

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

3.6 By submitting the completed online registration form electronically, the customer submits a binding offer to the TVB to conclude a contract for the use of the portal. Immediately after registration, the customer will receive an e-mail confirming the technical receipt of the registration on the TVB server ("registration confirmation"). A contract between the (registered) customer and the TVB 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 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 any unauthorised, improper or fraudulent use of his user account and any suspicion that his user account could be exposed to such a risk to the TVB (for contact details see point 1.1.) and change his password.

3.9 While using the 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 his/her 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 the TVB in the background even if it is not actively used, whereby the data volume available to the customer from his/her Internet provider may be used and impaired. The Customer is therefore recommended to actively log out after the end of each use of the portal by actively clicking on the logout button.

3.10. The TVB 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 serviceon the portal, then - 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 - by actively clicking on the "Order subject to payment" button at the end of the booking form, the customer submits a binding offer to the respective third-party provider to conclude a fee-based contract for the holiday service selected by the customer in accordance with the terms and conditions of the third-party provider.

4.2 Immediately after completion of the booking process, the customer will receive an email 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 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 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 portal and to avoid unnecessarily burdening the third-party providers with incorrect bookings, the TVB reserves the right, notwithstanding points 3. and 5.1 the right to cancel a booking technically via the 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 these cases, only the technical cancellation of the booking via the portal is carried out by the TVB and the further processing of the cancellation is carried out by the third-party provider. After cancellation, there is no entitlement to the provision of the booked holiday service by the third-party provider.

 

SPECIAL PART

"Webshop"

1 Object and validity

1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net (hereinafter referred to as "TVB") 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, https://www.badhall.at/, https://www.steyr-nationalpark.at/ ("Website").

1.2 The following provisions of this Special Section of the TVB's General Terms and Conditions ("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 the TVB in the Webshop are limited to the availability of the goods and are to be understood merely as an invitation to place an order. The customer's order requires consent to the TVB's GTC and, if necessary, to the processing of certain personal data that would not be covered by any other lawfulness condition within the meaning of Article 6(1) of Regulation (EU) 2016/679 (General Data Protection Regulation). 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 the TVB. Acceptance by TVB 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 listed again, merely documents the technical receipt or receipt of the customer's order by TVB and does not constitute acceptance.

2.3 Subsequent change requests can only be carried out in exceptional cases and against separate reimbursement of costs, without the customer having any legal claim.

 

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 The TVB shall only provide its services via the webshop against advance payment or immediate payment after completion of the order process.

3.3 Invoices from TVB are due for payment immediately after completion of the order process, free of charges and deductions. The ordered goods shall only be delivered once the full invoice amount has been credited to TVB's bank account. If no contract is concluded after payment due to lack of acceptance by TVB (e.g. because the ordered goods or the ordered quantity is no longer available), the amount will be refunded by TVB without delay. If the goods specified by the customer in the order are only temporarily unavailable, TVB shall 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 the desired goods are in stock and therefore cannot be delivered immediately, partial deliveries are permitted. In this case, subsequent deliveries will be made free of shipping costs.

3.4 TVB currently accepts the following payment methods: (i) credit card, (ii) PayPal and (iii) instant bank transfer.

3.5 Shipment shall be made 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 TVB, in particular delays in delivery on the part of upstream suppliers lasting more than two weeks, shall entitle TVB to withdraw from the contract on account of the part not yet fulfilled.

 

4 Retention of title

4.1 Goods shall remain the property of TVB until the purchase price and all costs and expenses have been paid in full. Resale is only permitted if TVB has been notified of this in good time in advance, stating the name and exact business address of the buyer, and TVB expressly consents to the sale.

4.2 In the event of default of payment, TVB is entitled to assert its rights arising from the retention of title. The assertion of the retention of title by TVB does not constitute a cancellation of the contract unless TVB expressly declares its cancellation of the contract.

 

5. default of acceptance

If the customer is in default of acceptance, the TVB 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 TVB makes use of this right of cancellation, the customer must pay TVB a lump-sum compensation amounting to 10% of the invoice amount as compensation for the expenses incurred by TVB and subject to the judicial right of moderation. The assertion of any further damages remains unaffected.

 

 

"Pyhrn-Priel-Cards"

1. validity, object

1.1 Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net and the Tourist Association Pyhrn-Priel - Bad Hall - Steyr, (hereinafter referred to as "TVB") issues various (discount) cards ("Pyhrn-Priel Cards") to customers, who can purchase and use them under the following conditions.

1.2 The following provisions of this Special Section of the General Terms and Conditions of the TVB ("GTC") apply only to the purchase and use of Pyhrn-Priel Cards 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 Service content, tariffs

The Pyhrn-Priel Cards currently issued by the TVB , including the service content and tariffs, are published electronically at "www.pyhrn-priel-card.at", which can be accessed electronically. In particular, the service brochure contains a more detailed description of the respective Pyhrn-Priel-Cards, the sources of supply, the scope of services, the period of validity or conditions of validity, the associated services and discounts for the different age groups, the prices and the service partners.

 

3 Use, non-transferability, misuse

3.1 In order to obtain the card benefits, the cardholder must present his/her Pyhrn-Priel Card. The validity and identity of the Card will be checked by the service partner using an acceptance device or by mere visual inspection with a note of the Card number and the Cardholder's name. The cardholder is obliged to present a valid photo ID upon request, otherwise free use may be refused.

3.2 The Pyhrn-Priel Cards are non-transferable and may only be used by the person whose name and identification number appear on the card. If the Pyhrn-Priel Card is not used, no compensation can be requested or paid.

3.3 In the event of misuse or suspicion of misuse, the service partners are authorised or obliged to retain the card without replacement. In the event of misuse or reasonable suspicion of misuse, a report will be made if necessary. In the event of theft or loss, the cardholder is obliged to report this incident to the TVB immediately (for contact details see point 1.1.). There is no entitlement to replacement of the card or reduction of the purchase price.

 

4 Service partners

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

4.2 Points 4 and 5 of the General Section of the GTC apply mutatis mutandis. In addition, it should be noted that the operating and opening hours of some service partners do not coincide with the entire period of the Card season, primarily due to weather and seasonal circumstances. Some service partners may also have longer waiting times for capacity reasons.

 

5 Damage, loss

5.1 In the event of damage or technical defects to the Pyhrn-Priel Card, the customer can contact the service partner or any official issuing office, who will replace the damaged card.

5.2 If the card is lost, the TVB must be informed immediately. After reissue, the lost Card loses its validity with immediate effect. The fee for reissuing the Pyhrn-Priel Card, if applicable, is listed in the service brochure or onwww.pyhrn-priel-card.at .

 

"Digital holiday companion "Franzi""

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, (hereinafter referred to as "TVB"), 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 the TVB via their terminal device.

1.2 The following provisions of this Special Section of the General Terms and Conditions of the TVB ("GTC") apply only to the use of Franzi.

1.3 The following GTC govern the provision of services by the TVB and the use of these services by duly registered customers.

1.4 TVB reserves the right to amend these GTC at any time, including within existing contractual relationships. The TVB will notify 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, the TVB will inform the customer of his right of objection, the corresponding deadlines for exercising it 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, the TVB will check it for completeness and plausibility. If the information is correct from the TVB's point of view and there are no other concerns from the TVB's point of view, the TVB 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. If there is reason to fear that unauthorised third parties have obtained or will obtain knowledge of the customer's access data, TVB must be informed immediately.

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 The TVB 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 the TVB 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 TVB 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 the TVB. The TVB shall endeavour 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 The TVB is authorised at any time to change the services provided on Franzi, to make new services available and to discontinue the provision of services. In doing so, TVB shall 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 TVB, the 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 Some of the content available on Franzi originates from TVB and some from other third parties. Content from other third parties is hereinafter referred to collectively as "third-party content". The TVB does not check the completeness, accuracy, legality and up-to-dateness of third-party content. 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 in the customer's area of responsibility. The TVB is not obliged to provide any advice in this regard.

5.3 TVB 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

  • the posting, distribution, offering and advertising of content, services and/or products that violate data protection law and/or any other law and/or are fraudulent;
  • the use of content that insults or defames other customers or third parties or otherwise violates their rights;
  • the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so.

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:

  • the distribution of viruses, Trojans and other harmful files;
  • the sending of junk or spam mails and chain letters;
  • harassing other customers, e.g. by contacting them personally several times without or contrary to the reaction of the other customer, as well as encouraging or supporting such harassment;
  • requesting other customers to disclose passwords or personal data for commercial or illegal or unlawful purposes;
  • the distribution and/or public reproduction of content available on the portal, unless the customer is expressly authorised to do so by the respective author or expressly made available as a functionality on Franzi;
  • the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication, or content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly).

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 the TVB. TVB will then investigate the matter and, if necessary, take appropriate action at its own discretion.

6.5 If there is a suspicion of unlawful or criminal offences, the TVB 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 TVB 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 TVB has any other legitimate interest in blocking access. When deciding on a blocking, the TVB will take appropriate account of the customer's legitimate interests.

7.2 In the event of temporary or permanent blocking, TVB will block the access authorisation and notify the customer of this by e-mail.

7.3 In the event of temporary blocking, the TVB shall 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 If the customer suffers damage as a result of using the services provided by Franzi, TVB shall only be liable to the extent that the customer's damage has arisen as a result of the contractual use of the content and/or services, and only in the event of intent or gross negligence on the part of TVB.

8.2 TVB shall not be liable in cases of slightly negligent breach of only insignificant contractual obligations. Otherwise, the liability of the TVB for damages caused by slight negligence is limited to those damages that must typically be expected to occur in the context of the respective contractual relationship (contractually foreseeable damages). This also applies to slightly negligent breaches of duty by the TVB's legal representatives, executives or vicarious agents.

 

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 TVB's e-mail address is info@bts-tourismus.at.The postal address of the TVB is Tourismusverband Pyhrn-Priel - Bad Hall - Steyr und die Nationalpark Region, Bahnhofstraße 2, 4580 Windischgarsten. We reserve the right to change the contact details. In the event of such a change, the TVB 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 TVB, insofar as such an agreement on jurisdiction is permissible.

 

SPECIAL PART

"Employee card"

1. validity, object
1.1. Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net, (hereinafter referred to as "TVB") issues the so-called "employee cards", which entitle the employees employed by employers in the region (hereinafter referred to as "employees") to use discounted or free services in the region for the duration of their respective employment relationship in the sense of an "inclusive package". This is intended to strengthen tourism in the region, but also to strengthen customer loyalty in individual cases.

1.2 The following provisions of this Special Section of the General Terms and Conditions of the TVB ("GTC") apply only to the purchase and use of the Employee Card 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 employee cards currently issued by the TVB, including the service content and tariffs, are published in the service brochure available electronically at "www.urlaubsregion-pyhrn-priel.at/mitarbeiterkarte". In particular, the service brochure contains a more detailed description of the employee card, the sources of supply, the scope of services, the period of validity or conditions of validity, the associated services and discounts, the prices and the service partners.

 

3. use, non-transferability, misuse
3.1 To obtain the card benefits, the cardholder presents his/her Employee Card. The card will be checked for validity and identity 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 of the card may be denied.

3.2 The employee card is non-transferable and may only be used by the person whose name and identification number appear on the card. If the employee card is not used, no replacement can be requested or provided.

3.3 In the event of misuse or suspicion of misuse, the service partners are authorised or obliged to retain the card without replacement. In the event of misuse or reasonable suspicion of misuse, a report will be made if necessary. In the event of theft or loss, the cardholder is obliged to report this incident to the TVB immediately (for contact details see point 1.1.). There is no entitlement to replacement of the card or reduction of the purchase price.

 

4. service partners
4.1 All service partners listed in the service brochure have undertaken to provide the holders of the Employee Card with the services designated for the respective Employee Card without restriction in terms of time and quantity in accordance with and taking into account their own general terms and conditions of transport 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 may be restricted, primarily due to weather and seasonal circumstances. Some service partners may also have longer waiting times for capacity reasons.

 

5. damage, loss
5.1 In the event of damage or technical defects to the employee card, the customer can contact the TVB, which will replace the damaged card.

5.2 If the card is lost, the TVB must be informed immediately. Once the card has been reissued, the lost card loses its validity with immediate effect. The possible fee for the reissue of the employee card is shown in the service brochure or on www.urlaubsregion-pyhrn-priel.at/mitarbeiterkarte.

 

"Canto media database"

  1. The images provided here for download by the TVB are exclusively authorised for use for tourism purposes or for reporting in a tourism-related context. When using the images, the respective copyright or manufacturer's notice must be quoted. Passing on the images to third parties is prohibited.
  2. All content is protected by copyright. The user shall fully indemnify and hold the TVB harmless for any claims whatsoever in connection with the violation of the terms of use or statutory provisions and shall immediately compensate or reimburse any disadvantages or damages incurred.
  3. The use of the photographs for commercial purposes and their publication in books, calendars, large formats (outdoor advertising, posters) and similar printed works requires the express written consent of the TVB.
  4. Please send specimen copies or sample PDFs to info@bts-tourismus.at.

"B2B business"

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 and of the Pyhrn-Priel - Bad Hall - Steyr and National Park Region Tourism Association, Tourism Association within the meaning of the Upper Austrian Tourism Act, UID ATU63147507, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@pyhrn-priel.net, (hereinafter referred to as "TVB") apply to all contractual relationships of the TVB with contractual partners who are entrepreneurs within the meaning of the Consumer Protection Act as amended ("KSchG") (hereinafter referred to as "company").

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 by the Company in accordance with the contract (fulfilment of the contract) and after an invoice entitling the Customer to deduct input tax (in accordance with the Austrian Value Added Tax Act as amended) has been issued and sent to the TVB.

 

3. premature termination of contracts

3.1 The TVB is entitled to terminate contracts of any kind (including contracts for work and services as well as open-ended and fixed-term continuing obligations) with immediate effect for objective reasons, irrespective of the agreements made with the Company, even before their complete fulfilment by the Company and before the expiry of time. 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 the TVB is not satisfied with the Company's performance, it is foreseeable that the Company will not provide the service in accordance with the contract, the Company fails to cooperate and co-operate with the TVB or other contractors in whole or in part, or there are other reasons that are detrimental to the Company's high-quality, defect-free, reliable and timely provision of services.

3.2 If the TVB cancels the contract for objective reasons, the Company shall be entitled to the agreed remuneration for the services rendered up to that point in time in the ratio corresponding 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 delivery shall apply for the entire duration of the warranty period, unless it is incompatible with the nature of the item or the defect. In the event of defects, the TVB 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 The inspection and complaint obligations or duties of the TVB (including their legal consequences) standardised in §§ 377 f of the German Commercial Code as amended or in other statutory provisions are expressly excluded. Claims of the TVB for warranty, damages and from an error regarding the freedom from defects of the delivery therefore remain valid in any case even without a notice of defects. The acceptance of services by the TVB (even in the case of obvious defects) and payments by the TVB 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, TVB shall onlybe liable for compensation for damage 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 the TVB or its vicarious agents. The TVB is not liable for consequential damage, immaterial and indirect damage or loss of profit. Insofar as the liability of the TVB is excluded, this also applies to its representatives, employees and other vicarious agents.

 

5 Intellectual property rights, copyrights

5.1. The Company grants TVB the spatially, materially and temporally unlimited right to use works protected by copyright within the meaning of the Austrian Copyright Act as amended ("UrhG") to all works created for it by the Company, 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, within the meaning of Section 24 (1) sentence 2UrhG.24 para. 1 sentence 2 UrhG, so that TVB is exclusively authorised (but not obliged) to use the works for individual or all types of exploitation reserved to the author pursuant to §§ 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 TVB is covered by corresponding (copyright, exploitation, licence or usage) rights and that the works are free from any third-party rights whatsoever that exclude or restrict unrestricted use by TVB. The company shall fully indemnify and hold TVB harmless in the event of the extrajudicial or judicial assertion of third-party claims.

 

6 Contractual relationships with service partners for vouchers

6.1 The TVB offers value vouchers for sale to customers, which can be purchased at https://www.urlaubsregion-pyhrn-priel.at, https://www.badhall.at, https://www.steyr-nationalpark.at listed redemption points (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 the TVB arising from an unjustified refusal to accept vouchers by a service partner, the service partner must fully indemnify and hold the TVB harmless. This also includes all damages and costs (legal fees, bank charges, etc.) incurred by the TVB 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 the TVB if the TVB 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 is not obliged to take back or refund the amount.

 

7 Use of the Pyhrn-Priel Portal

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

7.2 In order to be able to use the 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 provider must, on its own responsibility and at its own expense, enter the content relating to the holiday service it offers into the 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. The TVB may reject content that does not meet the specified quality standard at any time or withhold activation. The TVB also reserves the right to defer or cancel 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 portal takes place after all information required for the booking by the customer has been entered.

7.5 If necessary, the TVB is authorised to translate the information provided by the third-party provider into other languages, to shorten it or to adapt it to the standard maintained by the TVB.

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 the TVB in text form (e.g. by e-mail or fax). If it is not technically impossible to enter information in the feratelDeskline® WebClient, the transmission of information is not intended. If the aforementioned communication channels are nevertheless used by the third-party provider, this is done at the sole risk 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 its own employees responsible for bookings about the existing cooperation and the contractually or currently agreed prices and to train them accordingly.

7.9 The 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 the TVB.

7.10.2 The TVB expressly points out that any damages and other expenses and disadvantages of any kind incurred by the TVB 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 the TVB reserves the right to take further legal action, in particular 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 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. The Partner also provides this guarantee (accommodation under the agreed conditions and with the features specified in the contract) to the TVB.

7.11.3 Rebookings to other accommodation or accommodation of inferior quality are not permitted. If a rebooking is nevertheless made in breach of contract, the TVB must be informed immediately. In addition, the third-party provider is obliged to issue a written declaration for forwarding to the customer which makes it clear that the TVB is not responsible for the improper accommodation provided by the partner.

7.12. Quality guarantee for accommodation

For each booking, the basic facilities of a typical category room, holiday flat, suite or holiday home etc. are 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 the TVB. The third-party provider declares its express and irrevocable consent that the rating by customers who have made the booking via the portal or through other sales channels of the TVB may be publicly displayed on the website. The third-party provider is not entitled to the publication of all reviews. The TVB reserves the right to remove or not publish reviews at any time, particularly in the event of suspected abuse or intent to cause harm. This shall not give rise to any rights or claims whatsoever for the third-party provider.

7.14. Blocking of the third-party provider

Any of the following circumstances or facts shall entitle the TVB to immediately block the third-party provider in the 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 executed 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 the TVB to terminate the contract with the third-party provider for cause (without notice). After blocking the third-party provider, the TVB reserves the right not to reactivate the third-party provider for bookings until 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 supplements to contracts between the company and the TVB, as well as any ancillary agreements and supplementary agreements, must be made in (simple) written form in order to be valid. This also applies to any waiver of the written form requirement.

8.2 Right of retention, offsetting
The company has no right of retention to objects, collected proceeds 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. The Company's statutory rights of retention and set-off (§§ 471, 1052 ABGB, 369 f Unternehmensgesetzbuch as amended) are excluded by mutual agreement. Offsetting against claims of the TVB 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 on the part of the TVB unless such a waiver is expressly declared 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 the TVB.

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 the TVB. The TVB is also entitled to assert its claims at any other available place of jurisdiction.

8.6 Waiver of avoidance
The company waives - to the extent permitted by mandatory law - the right to contest contractual relationships with the TVB 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 the TVB be invalid in whole or in part, all other provisions shall remain valid. The company and the TVB undertake to replace the invalid or unenforceable provisions with valid and enforceable provisions that come as close as possible to the economic purpose of this contract. The same applies in the event of a loophole requiring regulation.

8.8 Legal succession, transfer
The transfer of contractual agreements between the Company and the TVB by the Contractor by way of individual or universal succession requires the written consent of the TVB. The contracting parties undertake, taking into account the TVB's right of consent 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 the TVB 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 the TVB.

 

Annex ./A to GTC