Date: 14.06.2024
I. General provisions:
1. General provisions and scope:
1.1.
The Pitztal Tourism Association (hereinafter referred to as “PTA”) is a tourism association and a public corporation under the Tyrolean Tourism Act of 2006. The PTA arranges accommodation and other services from legal entities within the association municipality to “customers” and operates as a tour operator.
1.2.
The booking or arranging of services is only carried out based on these General Terms and Conditions (hereinafter referred to as “GTCs”), if they become an integral part of the contract.
1.3.
For online bookings available at www.pitztal.com, the GTCs become part of the contract when a customer accepts the applicability of these GTCs by clicking the respective button and sending the booking to the PTA.
1.4.
There is no right of cancellation according to the FAGG (§1 paragraph 2 Z 8, §18 paragraph 1 Z 10 FAGG) for services arranged by the PTA. The “cancellation” is sometimes also referred to as “withdrawal”.
1.5.
The PTA arranges accommodation and other travel services from legal entities in the association of municipalities to customers. It also offers package tours directly and on its own behalf.
1.6.
The booking or arrangement of services is based on these GTCs, if they become an integral part of the contract. If an effective agreement is made, in addition to these GTCs, the AGBH 2006 and/or the GTCs of the legal entities with which a contract is arranged also apply.
II. Arranging of accommodation services or other travel services:
This paragraph applies to the arranging of accommodation services, transport services or other travel services (“experiences”) by the PTA. This applies to all booking channels, i.e. arrangements via the online booking system, in writing, in person or by telephone.
1. Contractual relationship between the PTA and the customer:
1.1.
The PTA provides its online booking platform daily as a virtual marketplace, on which customers can conclude accommodation contracts, transport services or other travel services (“experiences”) once they are registered. In this regard, the PTA does not offer any travel services on its own responsibility.
Any mutual claims arising from this contract may only be asserted against the immediate contractual partner without any liability on behalf of the PTA.
1.2.
By making a booking, only an agency contract is concluded between the customer and the PTA, to which the terms of the Package Travel Act (PRG) do not apply. The General Travel Conditions (ARB 1992) also do not apply to the agency contract.
2. Ranking:
2.1.
The order of the search engine results on the PTA platform change automatically and at random. The order displayed to customers does not reflect a recommendation by the PTA regarding the quality of the services offered by the accommodation provider.
3. Conclusion of contract / booking:
3.1.
Bookings for PTA services can be made either directly via the online booking system (www.pitztal.com), in writing (by email, fax) or by telephone.
3.2.
A booking by the customer merely represents an offer to the accommodation provider or service partner to conclude a contract with them. The customer is bound to this firm offer for 3 working days. The contract is concluded by (written) confirmation, for example by email, from the PTA on behalf of the accommodation provider. It is noted that the customer is responsible for himself/herself, and all participants included in the offer.
Pets may only be brought along if the permission of the accommodation provider has been given.
3.3.
The contracts arranged by the PTA are concluded directly between the respective accommodation provider or service partner and the customer. All claims and obligations arising from the relevant contracts in which the PTA acts as a travel agent exist directly and expressly only between the accommodation provider or service partner and the customer.
3.4.
The PTA’s services are free of charge.
4. Payment and cancellation of bookings:
4.1.
The agency contract remains unaffected by any cancellation of the arranged service by the customer.
4.2.
Cancellations of these services exclusively affect the legal relationship between the accommodation provider or service partner and the customer. Therefore, the customer must contact the accommodation provider or service partner directly regarding cancellations.
4.3.
Payments for the booked tourist services and any deposits and/or final payments are made by credit card, down payment, payment on receipt of invoice, payment on site, etc. The applicable payment options are determined by the accommodation provider or service partner and are displayed during the booking process. The PTA is authorized to collect payments on behalf of the accommodation provider or service partner.
5. Liability:
5.1.
If the PTA does not provide contractually agreed services or can only provide them inadequately, or if the customer suffers damage as a result, the rights to which the contracting parties are entitled are governed by the statutory provisions. The PTA accepts no liability for damage or consequential damage caused by slight negligence on the part of the PTA or its agents. This exclusion of liability does not apply to personal injury, damage to items left for processing or to claims for compensation under the Product Liability Act.
5.2.
The PTA is liable in particular for booking errors (e.g. spelling mistakes), unless these are due to erroneous, incorrect or incomplete information provided by the customer or to unavoidable and exceptional circumstances.
5.3.
The PTA is not liable for any material or financial damage suffered by the customer in connection with the booking, if it is due to unavoidable and extraordinary circumstances.
5.4.
The PTA is not liable for the provision of the service arranged by it or for the provision of a service which was not arranged by it or which it did not promise to arrange for the customer, or for additional services booked by the customer himself/herself on site after the start of the trip.
5.5.
The PTA will inform the customer with the travel confirmation of the company name or product name, the address of the accommodation provider or service partner and, if applicable, that of an insurer, unless this information is already included in the brochure, catalogue, or other detailed advertising material.
III. Booking a package holiday:
This paragraph applies to the booking of package tours with the PTA, either carried out via the online booking system, in writing, in person, by fax or by telephone. The term “package tour” in these T&Cs is identical to that of travel services under the Federal Act on Package Tours (Package Tour Act). In the case of booking other travel services, where the PTA acts as an agent or only offers a single travel service within its own framework, this section does not apply, and Section II applies instead.
1. Contractual relationship between the PTA and the customer:
1.1. Contract formation:
The PTA describes the package tours offered and the availability daily. However, this travel service presentation does not represent an offer from the PTA to conclude a contract but is an invitation to the customers to make a corresponding contract offer. By placing the order, the customer makes the PTA an offer to conclude a contract. The customer is bound to this firm offer for 3 days. The contract is concluded by written confirmation from the PTA. In the case of bookings for several customers, the person making the booking must ensure that he/she is authorized to act on behalf of the fellow travellers. Pets may only be brought into the accommodations as part of the package if this has been confirmed by the PTA. Otherwise, optional costs will apply.
1.2.
Payments for the booked package tour are made by credit card, down payment, or payment on site, etc. The applicable payment options are determined by the PTA and displayed during the booking process.
1.3.
Customers can also book package tours on the PTA’s online booking platform. Based on the information provided by the customer, suitable package tours are described daily, including key features and availability.
Any input errors made by the customer are at their expense. The PTA only checks whether all mandatory fields have been filled in; a content check for input errors is not carried out. After providing the payment details, the customer must confirm that they have read and accepted these GTCs and the Privacy Policy.
By completing the booking process, the customer makes a binding contractual declaration.
Acceptance of the contract offer by the PTA usually takes place through an express declaration of acceptance or through the transmission of the travel documents, of which the customer is also informed.
1.4. Contents of contract:
For package tours organized by the PTA, the GTCs for the Hotel Industry 2006 (AGBH 2006) do not apply. The contractual relationship between the customer and the PTA is determined by the individual agreement and these GTCs, whereby in the event of deviations, the individual agreement takes precedence over these GTCs.
1.5. Object of contract:
The object of the contract is the provision of travel services (in particular accommodation and other tourist services by the PTA, which also involves agents). Special requirements of the customer only become part of the contract when booking online if they are specified in the booking process and expressly accepted by the PTA.
1.6. Right to change services:
The PTA is entitled to make minor changes to the contract in accordance with §9 paragraph 1 PRG. The customer will be informed of such changes accordingly. In the event of a change to the contract in accordance with §9 paragraph 2 PRG, the customer is entitled to withdraw from the contract or to switch to an alternative offer made by the PTA if he or she does not agree with it.
2. Provision of travel services:
2.1.
The contractually agreed travel services are provided either directly by the PTA or (as a rule) with the involvement of vicarious agents (e.g. accommodation providers, external guides, equipment rental, etc.).
Accordingly, the PTA as the organizer is responsible for the proper provision of all travel services provided for in the package travel contract.
2.2.
Booking services for people with reduced mobility, people with other physical or mental disabilities, and pregnant women should only be carried out after consultation and advice.
2.3.
If a customer gets into difficulties during a trip, the PTA is obliged and willing to provide him/her with immediate and appropriate assistance. This can be carried out by providing suitable information or by assisting in establishing long-distance communication connections and in finding alternative trips. The PTA can demand appropriate compensation for its assistance if the customer’s difficulties were caused intentionally or negligently.
3. Prices:
3.1.
The prices indicated for the offered services are all in EUROS and include statutory value added tax and local taxes but exclude other duties 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 apply:
On conclusion of the contract, the customer is obliged to pay a 20% deposit of the travel price to the PTA. The customer must pay the total remaining travel price by bank transfer 14 days before the start of the trip. For short-term bookings (start of the trip within 20 days), the total amount of the travel price (excl. deposit) is due immediately.
4.2.
In principle, available payment options include payment by credit card or invoice (bank transfer in advance). Applicable payment options are displayed during the booking process.
5. Provision of travel documents:
5.1
Unless otherwise stated or agreed regarding the booked travel services, the travel documents or vouchers will be sent to the customer (by email or post) without unnecessary delay after the total price has been paid.
6. Warranty / Compensation:
6.1.
If contractually agreed travel services cannot be provided by the PTA or can only be provided inadequately, or if the customer suffers damage, the rights to which the contracting parties are entitled are governed by the statutory provisions (in particular §§ 11f PRG). Any breach of contract that the customer notices during the provision of the travel services agreed in the travel contract must be reported to the PTA immediately, taking the respective circumstances into account.
6.2.
The customer acknowledges that participation in certain tourist services (e.g. guided ski tours, etc.) can only take place on the basis of separate GTCs, which are provided by the PTA’s vicarious agents. In this context, the customer is informed of the risks involved or participation sometimes requires the signing of a risk disclosure form.
7. Right of withdrawal, termination of contract, cancellation conditions:
7.1.
There is no right of cancellation (withdrawal) under the FAGG for package tours offered by the PTA.
The customer has the right to withdraw from the travel contract at any time without giving reasons before the start of the trip. Unless § 9 paragraph 2 PRG applies (cancellation of the contract without compensation for package tours), the customer must pay the following compensation amounts depending on when the cancellation notice is received by the PTA:
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 trip
c) 1 month to 1 week before the start of the trip:
70% of the total price of the package trip
d) in the last week before the start of the trip:
90% of the total price of the package trip
7.2.
If the customer is prevented from using the service, there is generally no right to a refund. If the customer leaves early, the PTA remains entitled to demand the full agreed fee. However, the PTA will deduct what it has saved because of the service not being used or what it has received by renting the booked space to someone else.
7.3.
If the PTA is prevented from fulfilling the contract due to unavoidable and exceptional circumstances, it may withdraw from the contract without compensation in accordance with § 10 Paragraph 3c PRG.
8. Early termination of the package travel contract:
8.1.
The PTA is entitled to terminate the package travel contract with immediate effect if the customer makes significantly detrimental use of the premises provided or makes living together unpleasant for other customers or the owner through his or her reckless, offensive, or otherwise grossly inappropriate behaviour or if the customer is struck by a contagious disease. In this case, the customer cannot demand compensation for services from the original package travel contract that can no longer be consumed.
9. Insolvency protection:
9.1.
The PTA has appropriate insolvency insurance. The insurer will examine and process the customer’s claims in the event of insolvency.
IV. Purchase of goods:
This section applies in addition to section I for the purchase of goods from the PTA. This section applies to the purchase of goods made via the PTA’s online booking system and those made in another way (in writing, in person or by telephone) from the PTA. These T&Cs do not apply to online shops that are not operated in the name of the PTA.
1. Contractual relationship between the PTA and the customer:
1.1. Conclusion of the contract:
The PTA describes the essential characteristics of the goods on offer and their availability daily. This presentation does not represent an offer by the PTA to conclude a contract, it is to be understood as an invitation to customers to submit a corresponding contract offer. By placing an order, the customer submits an offer to the PTA to conclude a contract. The customer is bound to this binding offer for 3 working days. The contract is concluded by confirmation (in writing, by email) by the PTA.
1.2
If the online booking system can be used to purchase goods, the relevant booking steps according to the platform must be followed. To continue or complete the ordering process, the customer is obliged to fill in all mandatory fields completely and truthfully. Any input errors made by the customer are at the customer’s expense.
The PTA only checks whether all mandatory fields have been filled in; there is no content check for input errors.
The order is completed by clicking on the “Book with payment” button. The customer thereby submits a binding contractual declaration. By submitting the declaration in the online booking platform, the customer accepts the applicability of these GTCs and submits a binding contractual offer. The customer is tied to this binding contractual offer for 3 working days.
2. Right of withdrawal:
2.1.
Only within the scope of this section of the GTCs, the customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the customer or a third party designated by him, who is not the carrier, takes possession of the goods. In the case of a service contract or a contract for the delivery of digital content that is not delivered on a physical data carrier, the withdrawal period is 14 days from the day on which the contract is concluded.
In order to exercise the right of withdrawal, the PTA must be informed of the decision to withdraw from this contract by means of an unambiguous declaration (e.g. letter sent by post, fax or email). To meet 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 cancellation:
If the customer cancels this contract, the PTA will refund all payments received, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by the PTA) immediately and at the latest within 14 days from the day on which the PTA received notification of the customer’s cancellation of this contract.
The refund will be made by transfer to an account specified by the customer.
The PTA may refuse to refund until it has received the goods back or until the customer has provided proof of return of the goods, whichever is earlier.
The customer must return or hand over the goods to PTA immediately and in any case no later than 14 days from the day on which the right of cancellation was exercised. The customer bears the direct costs of returning the goods.
The customer has the right to check the quality and functionality of the goods ordered to the usual extent when buying in a store. However, this right to check does not include the use of the goods.
3. Exclusion of the right of withdrawal
3.1.
The customer has no right of withdrawal,
a) if the customer is an entrepreneur and the contract is part of the operation of his business.
4. Collection / Delivery:
4.1.
Unless otherwise agreed, goods will 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 indicated for the goods are all in Euros, including value added tax, but excluding shipping costs and other duties and expenses. Before completing the order, the customer receives an overview of the total price including all additional services. The shipping costs, any bank charges and customs fees are at the expense of the customer.
5.2.
Basically, the following payment options are available: credit card, down payment, etc. The availability of each payment option cannot be guaranteed. In the case of payment by credit card, the customer can reverse the payment in the event of misuse.
5.3.
The PTA reserves ownership of the goods until the total price has been paid in full.
6. Warranty:
Statutory warranty regulations apply to all goods purchased. The warranty period for movable items is 2 years from the date of delivery of the item. The PTA does not provide a contractual guarantee that goes beyond the statutory warranty.
V. Other terms
1. Data protection
In connection with the provision of services by the PTA, the use of the online booking system, any correspondence and orders via the online booking system, various processing operations are carried out regarding the customer’s personal data. For details, please refer to the PTA’s data protection declaration (www.pitztal.com).
2. Disclosure of information to third parties:
2.1.
Information about the names of customers (travel participants) and their whereabouts will only be given to third parties if the customer has expressly agreed to this in advance. There are no exceptions to this, even in urgent cases.
2.2.
If the customer has agreed to this information, he or she must bear all costs incurred in connection with the transmission of messages.
3. Applicable law / Place of jurisdiction:
3.1.
The applicability of Austrian law is agreed, excluding Austrian international private law.
3.2.
For any disputes arising from or in connection with business relationships between the PTA and the customer, the exclusive jurisdiction of the court for A-6473 Wenns is agreed.
4. Severability clause
4.1.
The invalidity of individual contractual provisions or provisions in these GTCs or parts thereof does 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 are as close as possible to the original provision in economic terms.
5. Delivery / Electronic correspondence:
5.1.
The customer’s delivery/contact address is the address last provided to the agent (e.g. email address). The customer must notify the agent of any changes immediately. The customer is advised to do so in writing.
