GTC Tourism Association Pitztal

1 General provisions and scope of application:

1.1.
The Tourism Association Pitztal (hereinafter referred to as "TVB") is a public corporation according to the Tyrolean Tourism Act 2006.
On the one hand, the TVB arranges accommodation and other services from legal entities in the association area to "guests". On the other hand, the TVB also acts as a tour operator.

1.2.
The booking or brokering of services shall only take place on the basis of these General Terms and Conditions (hereinafter "GTC"), insofar as these become an effective part of the contract.

1.3.
In the case of online bookings, available at www.pitztal.com, the GTC become part of the contract when the guest accepts the applicability of the GTC by clicking on the corresponding button and sending the booking to the TVB.

1.4.
There is no right of withdrawal under the FAGG (§1 Para. 2 Z 8, §18 Para. 1 Z. 10 FAGG) for services arranged by the TVB. The "revocation" is sometimes also referred to as "withdrawal".

1.5.
On the one hand, the TVB arranges accommodation and other travel services from legal entities in the association's territory to guests, on the other hand, package tours are also offered directly and in its own name.

1.6.
The booking or arrangement of services shall be based on these GTC, insofar as these become an effective part of the contract. If effectively agreed, the AGBH 2006 and/or AGB of the legal entities with which a contract is brokered shall also apply in addition to these AGB.

This section applies to the procurement of accommodation services, transportation services or other travel services ("experiences") by the TVB. This applies irrespective of the booking channel selected, i.e. to bookings made via the online booking system or by other means (in writing, verbally or by telephone).

1. contractual relationship between the TVB and the guest:

1.1.
The TVB makes the online booking platform available daily as a virtual marketplace on which the guest can conclude accommodation contracts, transportation services or other travel services ("experiences") after registration. In this context, the TVB does not offer any travel services on its own responsibility. Any reciprocal claims arising from this contract shall only be asserted against the direct contractual partner without any liability on the part of the TVB.

1.2.
The booking merely results in an agency contract between the guest and TVB, to which the provisions of the Package Travel Act (PRG) do not apply. The General Terms and Conditions of Travel (ARB 1992) also do not apply to the agency contract.

2. ranking:

2.1.
The order of the search results on the TVB platform is determined randomly and automatically (alternating); the ranking displayed to the guest in each case does not constitute a recommendation by the TVB regarding the quality of the services to be provided by the accommodation provider.

3 Conclusion of contract/booking:

3.1.
Bookings of TVB services are made either directly via the online booking system(www.pitztal.com), in writing (e-mail, fax) or by telephone.

3.2.
A booking by the guest merely represents an offer to the accommodation provider or service partner to conclude a contract with them. The Guest shall be bound by this binding offer for 3 working days. The contract is concluded by (written) confirmation, for example by e-mail, by the TVB on behalf of the accommodation provider. It is noted that the guest is responsible for all participants listed in the offer, as for his own obligations.
Pets may only be brought along if this is permitted by the accommodation provider.

3.3.
The contracts brokered by the TVB are concluded directly between the respective accommodation provider or service partner and the guest. All claims and obligations arising from the relevant contracts in which TVB acts as a travel agent exist directly and expressly only between the accommodation provider or service partner and the guest.

3.4.
The services of TVB are free of charge.

4. payment and cancellation of bookings:

4.1.
The agency agreement shall remain unaffected by any cancellation of the arranged service by the guest.

4.2.
Cancellations of these services relate exclusively to the legal relationship between the accommodation provider or service partner and the guest. The guest must therefore contact the accommodation provider or service partner directly to cancel.

4.3.
Payments for the booked tourist services as well as any down payments and/or remaining payments shall be made by credit card, immediate payment, payment on account, payment on site, etc. The applicable payment options shall be determined by the accommodation provider/service partner and displayed during the booking process. The TVB is authorized to collect payments on behalf of the accommodation provider or service partner.

5 Liability:

5.1.
In the event that contractually agreed services cannot be provided by the TVB or can only be provided inadequately, or in the event that the guest suffers damage as a result, the rights to which the contracting parties are entitled shall be governed by the statutory provisions. The TVB accepts no liability for damage or consequential damage caused by slight negligence on the part of the TVB or its agents. This exclusion of liability does not apply to personal injury, damage to items provided for processing or to claims for compensation under the Product Liability Act.

5.2.
The TVB is liable in particular for booking errors (e.g. typing errors), unless these are due to erroneous or incorrect or incomplete information provided by the guest or to unavoidable and exceptional circumstances.

5.3.
The TVB is not liable for property damage or financial losses incurred by the guest in connection with the booking, provided that they are due to unavoidable and exceptional circumstances.

5.4.
The TVB shall not be liable for the provision of the service it has arranged or for the provision of a service which it has not arranged or which it has not promised to arrange for the guest or for additional services booked by the guest on site after the start of the trip.

5.5.
The TVB shall provide the guest with the company name or product name, the address of the accommodation provider or service partner and, if applicable, that of an insurer with the travel confirmation, unless this information can already be found in the brochure, catalog or other detailed advertising material.

This section applies to the booking of package tours with the TVB, regardless of whether they are made via the online booking system or in any other way (in writing, verbally, by fax or by telephone). The term "package tour" according to these GTC is congruent with the term "package tour" according to the Federal Law on Package Tours (Pauschalreisegesetz). In the case of booking other travel services, whereby the TVB acts as an agent or only offers an individual travel service within its own framework, this section does not apply and Section II applies.

1 Contractual relationship between the TVB and the guest:

1.1 Conclusion of the contract:
The TVB describes the package tours offered and their availability on a daily basis. However, this presentation of travel services does not constitute an offer by the TVB to conclude a contract, but rather an invitation to guests to submit a corresponding contract offer. By placing an order, the guest submits an offer to the TVB to conclude a contract. The guest is bound to this binding offer for 3 days. The contract is concluded upon written confirmation by the TVB. In the case of bookings for several guests, the person making the booking is responsible for ensuring that they are also authorized to act on behalf of their fellow travelers. Pets may only be brought into the accommodation as part of the package if this has been confirmed by the TVB. Otherwise optional costs will be charged.

1.2.
Payments for the booked package tour shall be made by credit card, immediate payment or payment on site, etc. The applicable payment options are determined by the TVB and displayed during the booking process.

1.3.
The guest can also book package tours in the TVB's online booking center. Based on the information provided by the guest, the appropriate package tours, including the main features and availability, are described on a daily basis.
Any input errors by the guest shall be at the guest's expense. The TVB only checks whether all mandatory fields have been filled in; the content is not checked for input errors. After entering the payment details, the guest must confirm that they have read and accepted these GTC and the privacy policy.
By completing the booking process, the guest makes a binding contractual declaration.
As a rule, the TVB accepts the contractual offer by means of an express declaration of acceptance or by sending the travel documents, about which the guest is also informed.

1.4 Content of the contract:
The General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006) do not apply to package tours organized by the TVB. The contractual relationship between the guest and the TVB is determined by the individual agreement and these GTC, with the individual agreement taking precedence over these GTC in the event of deviations.

1.5 Subject matter of the contract:
The subject matter of the contract is the provision of travel services (in particular accommodation and other tourist services by the TVB, whereby the TVB also engages vicarious agents). In the case of online bookings, special requirements of the guest shall only become part of the contract if these are specified in the booking process and expressly accepted by the TVB.

1.6 Right to change services:
The TVB is entitled to make insignificant changes to the contract within the meaning of Section 9 (1) PRG. The guest will be informed of such changes accordingly. In the event of a change to the contract within the meaning of § 9 Para. 2 PRG, the guest is entitled to withdraw from the contract or to switch to an alternative offer provided by the TVB if he/she does not agree to this.

2. provision of the travel services:

2.1.
The contractually agreed travel services shall be provided either directly by the TVB or (as a rule) with the assistance of vicarious agents (e.g. accommodation providers, external guides, equipment rental, etc.).
Accordingly, the TVB as organizer is responsible for the proper provision of all travel services provided for in the package travel contract.

2.2.
The booking of services for persons with reduced mobility, persons with other physical or mental disabilities and pregnant women should only be made after consultation and advice.

2.3.
If a guest encounters difficulties during the trip, the TVB is obliged and willing to provide immediate and appropriate assistance. This can be done in particular by providing suitable information or by supporting the establishment of long-distance communication links and the search for alternative trips. The TVB may demand reasonable compensation for its assistance if the guest's difficulties were caused intentionally or negligently.

3 Prices:

3.1.
The prices quoted for the services offered are all in euros, including statutory VAT and local tax, but excluding other charges and expenses.

3.2.
Optional costs for additional services are not included in the total price. The respective additional services and costs are either described in the service description or must be clarified with the accommodation provider.

4 Payment:

4.1.
Unless an individual agreement has been made, the following payment terms shall apply:
The guest shall pay a deposit of 20% of the travel price to the TVB upon conclusion of the contract. The total remaining travel price is to be paid by the guest by bank transfer 14 days before departure. For bookings made at short notice (departure within 20 days), the total amount of the tour price (without deposit) is due immediately.

4.2.
In principle, payment can be made by credit card or on account (bank transfer in advance). The applicable payment options are displayed during the booking process.

5 Provision of the travel documents:

5.1
Unless otherwise specified or agreed with regard to the booked travel services, the travel documents or vouchers will be sent to the guest (by e-mail or post) without unnecessary delay after payment of the total price.

6 Warranty / Compensation:

6.1.
In the event that contractually agreed travel services cannot be provided or can only be provided inadequately by the TVB or in the event that the guest suffers damage, the rights to which the contracting parties are entitled shall be governed by the statutory provisions (in particular §§ 11f PRG). Any breaches of contract that the guest becomes aware of during the provision of the travel services agreed in the travel contract must be reported to the TVB immediately, taking into account the respective circumstances.

6.2.
The guest acknowledges that participation in certain tourist services (e.g. guided ski tours, etc.) can only take place on the basis of separate General Terms and Conditions, which are provided by the TVB's vicarious agents. In this context, the guest is informed about the respective existing risks or, in some cases, participation requires the signing of a risk declaration.

7. rights of withdrawal, contract termination, cancellation conditions:

7.1.
For the package tours offered by the TVB, there is no right of revocation (right of withdrawal) in accordance with the FAGG.
The guest has the right to withdraw from the travel contract at any time before departure without giving reasons. Unless § 9 Para. 2 PRG applies (withdrawal from the contract without compensation for package tours), the guest must pay the following flat-rate compensation depending on when the declaration of withdrawal is received by the TVB:

a) up to 3 months before the start of the trip:
no compensation
b) 3 months to 1 month before the start of the trip:
40% of the total price of the package tour
c) 1 month to 1 week before departure:
70% of the total price of the package tour
d) in the last week before departure:
90% of the total price of the package tour

7.2.
If the guest is prevented from making use of the service, there is generally no entitlement to a refund. If the guest departs prematurely, the TVB remains entitled to demand the full agreed remuneration. However, the TVB will deduct what it has saved as a result of the non-utilization of the service or what it has received by renting the booked room to another party.

7.3.
If the TVB is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances, it may withdraw from the contract without compensation in accordance with § 10 Para. 3c PRG.

8. premature termination of the package travel contract:

8.1.
The TVB is entitled to terminate the package travel contract with immediate effect if the guest makes significant detrimental use of the rented premises or if the guest's inconsiderate, offensive or otherwise grossly improper behavior makes living together unpleasant for the other guests or the owner or if the guest is infected with a contagious disease. In this case, the guest may not demand compensation for services from the original package travel contract that can no longer be consumed.

9. insolvency insurance:

9.1.
The TVB has appropriate insolvency insurance. In the event of insolvency, the insurer shall examine and process the guest's claims.

This section applies in addition to section I. for the purchase of goods from the TVB. This section applies both to the purchase of goods made via the TVB's online booking system and to purchases made by other means (in writing, verbally or by telephone) from the TVB. These GTC do not apply to online stores that are not operated in the name of the TVB.

1 Contractual relationship between the TVB and the guest:

1.1 Conclusion of the contract:
The TVB describes the main features of the goods offered and their availability on a daily basis. This presentation does not constitute an offer by the TVB to conclude a contract; rather, it is to be understood as an invitation to guests to submit a corresponding contractual offer. By placing an order, the guest submits an offer to the TVB to conclude a contract. The guest is bound to this binding offer for 3 working days. The contract is concluded upon confirmation (in writing, by e-mail) by the TVB.

1.2
If the online booking center can be used for the purchase of goods, the corresponding booking steps according to the platform must be followed. In order to continue or complete the order process, the guest is obliged to fill in all mandatory fields completely and truthfully. Any input errors made by the guest shall be at the guest's expense; the TVB shall only check whether all mandatory fields have been filled in and shall not check the content for input errors.
The order is completed by clicking on the "Book with obligation to pay" button. The guest thereby makes a binding contractual declaration. By submitting the declaration in the online booking center, the guest accepts the applicability of these GTC and submits a binding contract offer. The guest is bound to this binding contract offer for 3 working days.

2. right of withdrawal:

2.1.
The guest has - exclusively within the scope of this section of the GTC - the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the guest or a third party named by the guest, who is not the carrier, has taken possession of the goods. In the case of a service contract or a contract for the supply of digital content that is not supplied on a tangible medium, the withdrawal period is 14 days from the day on which the contract is concluded. In order to exercise the right of revocation, the TVB must be informed of the decision to revoke this contract by means of a clear declaration (e.g. letter sent by post, fax or e-mail). To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

2.2 Consequences of withdrawal:
If you withdraw from this contract, TVB shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by TVB), without undue delay and in any event not later than 14 days from the day on which TVB is informed about your decision to withdraw from this contract.
Repayment shall be made by bank transfer to an account to be specified by you.
TVB may withhold the refund until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
The customer must return or hand over the goods to TVB immediately and in any case no later than 14 days from the day on which he exercised his right of withdrawal. The customer shall bear the direct costs of returning the goods.
The customer has the right to inspect the ordered goods for their condition and functionality to the same extent as is customary when purchasing in a retail store. However, this right of inspection does not include the use of the goods.

3 Exclusion of the right of withdrawal:

3.1.
The guest has no right of withdrawal

a) if the guest is an entrepreneur and the contract is part of the operation of his business.

4. collection / delivery:

4.1.
Unless otherwise agreed, goods shall be made available for collection or delivered without undue delay, but no later than 30 days after conclusion of the contract.

4.2.
All goods will only be dispatched after receipt of the full invoice amount.

5 Prices, payment, retention of title:

5.1.
The prices stated on the goods are all in euros, including statutory VAT, but excluding shipping costs and other charges and expenses. Before completing the order, the guest receives an overview of the total price including all ancillary services. Shipping costs, any bank charges and customs duties shall be borne by the guest.

5.2.
In principle, the following payment options are available Credit card, immediate payment, etc. The availability of the individual payment options cannot be guaranteed. In the case of payment by credit card, the payment can be reversed by the guest in the event of misuse.

5.3.
The TVB retains ownership of the goods until the total price has been paid in full.

6 Warranty:

Statutory warranty regulations apply with regard to the purchased goods. The warranty period for movable goods is 2 years from the handover of the goods. TVB does not provide any contractual guarantee beyond the statutory warranty.

1. data protection:

In connection with the provision of services by the TVB, the use of the online booking system, any correspondence and orders via the online booking system, various processing operations are carried out with regard to your personal data. For details, please refer to the TVB's privacy policy(www.pitztal.com).

2. provision of information to third parties:

2.1.
Information about the names of guests (travel participants) and their whereabouts will only be provided to third parties if the guest has expressly given permission to do so in advance. There are no exceptions to this, even in urgent cases.

2.2.
The guest shall bear all costs incurred in connection with the transmission of messages if information is provided.

3 Applicable law / place of jurisdiction:

3.1.
It is agreed that Austrian law shall apply to the exclusion of Austrian private international law.

3.2.
For any disputes arising from or in connection with business relations between TVB and the guest, the exclusive jurisdiction of the court with subject-matter jurisdiction for A-6473 Wenns is agreed.

4. severability clause:

4.1.
The invalidity of individual contractual provisions or provisions in these GTC or parts thereof shall not affect the validity of the remaining provisions. In the event of the invalidity of individual provisions, the contracting parties undertake to replace them with permissible provisions that come as close as possible to the economic purpose of the original provision.

5 Delivery/electronic correspondence:

5.1.
The last address provided to the Agent (e.g. e-mail address) shall be deemed to be the Guest's delivery/contact address. Any changes must be notified by the Guest without delay. The guest is recommended to use the written form.