General Terms and Conditions
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General Terms and Conditions of Alpenregion Bludenz Tourismus GmbH
These terms and conditions are the contractual basis for all business transactions that are processed via the booking platform provided by us. By accepting these terms and conditions, you confirm that you have read and understood the terms and conditions listed below and agree to them.
1. scope of application
These General Terms and Conditions (hereinafter "GTC") are the basis for all contractual relationships that Alpenregion Bludenz Tourismus GmbH (hereinafter "we" or "ARB") handles via its websites
www.brandnertal.at
www.walsertal.at
www.bludenz.travel
www.vorarlberg-alpenregion.at
www.klostertal.travel
They apply to
A) services offered by us and bookable online (events, experiences, all-inclusive packages etc.) ("ARB services"),
B) services offered by third parties and bookable online (events, experiences, all-inclusive packages etc.) ("other third-party services"), and
C) online bookings of accommodation from the accommodation providers listed on the platform ("third-party accommodation services").
If the services are provided by third parties, we are merely an intermediary and not a party to the contract concluded in each case.
These GTC also apply in the event of conflicting terms and conditions of users who intend to book an ARB service, other third-party service or accommodation (hereinafter "Customer"). These are not accepted even if we provide services with knowledge of a customer's terms and conditions, unless expressly agreed otherwise.
The use of personal data is regulated in the privacy policy. The Privacy Policy is an integral and binding part of these GTC.
A) Booking of ARB services
We offer various leisure and event offers on our websites, which are organized and hosted by us. They are a non-binding offer to the customer to submit an offer to conclude a purchase contract with us. In this case, the customer's contractual partner is us.
1. Conclusion of contract
1.1 By clicking on the "Order with obligation to pay" button, you submit a binding offer to purchase the service contained in the shopping cart (order). After we have received your order, you will receive an e-mail confirming receipt of your order and listing the details of your order (order confirmation). When the order confirmation is sent, the contract between you as the customer and us is concluded.
1.2 We are not obliged to accept purchase offers from the customer and can refuse acceptance at any time without giving reasons. In this case, we will inform the customer immediately by e-mail that the offer has not been accepted. Any payments already made by the customer will be refunded in full.
1.3 Please refer to the individual service descriptions on our website for the main features of the services we offer and the period of validity of time-limited offers.
1.4 If the price information on the website is incorrect, we will inform the customer of this immediately by e-mail and will not carry out the purchase. If the customer has already paid the purchase price, we will refund the amount in full.
1.5. You can recognize any input errors when placing your order in the final booking overview before checkout and correct them at any time using the delete and change function before sending the order. In any case, the customer must ensure the accuracy and completeness of their details, in particular their address details.
2. Right of withdrawal
There is no right of withdrawal for customers in accordance with § 18 para. 1 no. 10 FAGG (contracts for services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the fulfillment of the contract by the entrepreneur). This means that if we offer services in the area of leisure activities, in particular tickets for events, there is no right of withdrawal. Every order for admission tickets is therefore binding immediately after confirmation by us and obliges the customer to accept and pay for the tickets ordered.
3. Prices and shipping
The prices quoted by us include statutory VAT, but not shipping costs. The final price including shipping costs is stated with each order. Promotional prices and special offers are only valid for the specified period or while stocks last.
4. Cancellation of events, changes, refunds
In the event of cancellation, postponement or any other change to an event, we will inform customers electronically by email or text message if the relevant contact details are available. In the event of cancellation, postponement or such changes, payments already made will be refunded or rebooked to another event at the customer's discretion. Any expenses (e.g. travel, hotel) will not be reimbursed.
B) Other third-party services
We also offer various leisure and event services from third parties on our websites. ARB is not itself the organizer of the events offered, which are marked as other third-party services. These are carried out by the organizer. They are a non-binding offer to the customer to submit an offer to conclude a purchase contract.
1. Procurement of services
1.1 The contract is concluded directly between the customer and the organizer when the booking is made. For this purpose, we transmit your personal data to the organizer (or its contractually obligated service providers).
1.2 All claims and obligations arising from the contract exist directly and exclusively between you as the customer and the organizer. There is no contractual relationship between the customer and us (as intermediary).
2. Conclusion of contract
2.1 By clicking on the button "Order with obligation to pay" you submit a binding offer to purchase the service contained in the shopping cart (order). After receipt of your order, you will receive an e-mail confirming receipt of your order and listing the details of your order (order confirmation). When the order confirmation is sent, the contract between you as the customer and the organizer is concluded.
2.2 The organizer is not obliged to accept purchase offers from the customer and can refuse acceptance at any time without giving reasons. In this case, we will inform the customer immediately by e-mail that the offer has not been accepted. Any payments already made by the customer will be refunded in full.
2.3 Please refer to the individual service descriptions on our website for the main features of the services offered by the organizer and the period of validity of limited offers.
2.4 If the price information on the website is incorrect, we will inform the customer of this immediately by e-mail and will not carry out the purchase. If the customer has already paid the purchase price, we will refund the amount in full.
2.5 You can recognize any input errors when submitting your booking in the final booking overview before checkout and correct them at any time using the delete and change function before submitting the booking.
2.6 Please note that by booking the selected event, you also agree to the validity of the terms and conditions of the respective organizer. Therefore, their GTC apply and form the basis of the contract.
3. Right of withdrawal
There is no right of withdrawal for customers in accordance with § 18 para. 1 no. 10 FAGG (contracts for services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the fulfillment of the contract by the entrepreneur). This means that if the organizer offers services in the area of leisure activities, in particular tickets for events, there is no right of withdrawal. Every order for admission tickets is therefore binding immediately after confirmation by us and obliges the customer to accept and pay for the tickets ordered.
4. Prices and shipping
The prices quoted by us include statutory VAT, but not shipping costs. The final price including shipping costs is stated with each order. Promotional prices and special offers are only valid for the specified period or while stocks last.
5. Event cancellation, changes, refunds
In the event of cancellation, postponement or any other change to an event, we will inform customers electronically by e-mail or SMS if the relevant contact details are available. We reserve the right to make changes to the cast or program, provided they are reasonable, minor and objectively justified, if initiated or requested by the artist. In the event of cancellation, postponement or such changes, payments already made will be refunded or rebooked to another event at the customer's discretion. Any expenses incurred (e.g. travel, hotel) will not be reimbursed.
C) Accommodation bookings
We provide a booking platform on our websites through which all types of accommodation in the regions of Brandnertal, Klostertal, Alpenstadt Bludenz and Großes Walsertal can be booked online for a limited period of time. The customer therefore has the option of booking the accommodation of their choice via one of the aforementioned websites.
1. Arrangement of accommodation contracts and conclusion of contract
1.1. The contract is concluded directly between you as the customer and the provider of the accommodation chosen by the customer (hereinafter "accommodation provider") when the booking is made. For this purpose, we transmit the personal data provided by you to the accommodation provider. For the smooth processing of the booking, it is necessary that the data provided by you (e.g. accommodation data, contact data) is correct and complete.
1.2. All claims and obligations arising from the accommodation contract exist directly and exclusively between you as the customer and the accommodation provider. There is no accommodation contract relationship between the customer and us (as intermediary).
1.3. The accommodation contract is concluded by acceptance of the reservation/booking request by the accommodation provider and is valid without a reservation confirmation. The reservation confirmation is also sent to the customer by e-mail as brief information. The customer is responsible for ensuring that the confirmation can be sent by e-mail. The validity of the booking remains unaffected by this; this applies in particular if an incorrect e-mail address and/or telephone number is entered.
1.4. Credit card: Depending on the type of booking advised, a credit card number and the validity period of the credit card may have to be entered during the booking process. The requirement to provide a credit card number is explicitly pointed out during the booking process. This information is transmitted to the accommodation provider and checked before your reservation is confirmed. Your credit card guarantees the accommodation provider payment of all costs incurred for the booked accommodation.
1.5. advance payment: As part of the booking process, special prices/special offers may also be displayed that require full or partial prepayment. In these cases, the exact conditions can be viewed before the final booking is made. In most cases, bookings can only be made using a credit card, which may be charged immediately by the accommodation provider. In the context of such bookings, the customer agrees that their credit card will be charged directly with the pro rata booking amount or total amount shown in the booking process, including any taxes and fees. Therefore, please check your booking details carefully with regard to separate provisions before you make the booking and it is confirmed.
We use Secure Socket Layer (SSL) to protect and encrypt your credit card information during transmission.
1.6. Hotel GTC: Please note that by booking the selected accommodation, you also agree to the validity of the GTC of the respective accommodation provider. Therefore, their GTC apply and form the basis of the accommodation contract. In any case, the GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006) of the Austrian Federal Economic Chamber, Tourism and Leisure Industry Division shall be deemed to have been effectively agreed.
2. Cancellations - cancellation fee
2.1 Depending on the conditions of the accommodation provider, the customer is obliged to pay the agreed price for the accommodation (or a partial amount thereof) after booking or reservation if the reservation is not canceled in time or the accommodation is not used without cancellation. The detailed cancellation conditions depend on the respective accommodation provider and the type of booking and are stated separately in the respective booking process and accepted by the customer.
2.2 If no specific cancellation and withdrawal conditions are defined by the accommodation provider, the cancellation and withdrawal conditions of the GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY 2006 (AGBH 2006) apply to all booked services.
3. Accommodation prices
3.1. unless otherwise stated in the accommodation provider's booking conditions, all prices are per person and per night and, depending on the booking conditions, may include or exclude breakfast (this may vary for a booking period of several days). The additional services offered depend on the respective accommodation provider and are to be paid for separately.
3.2. The accommodation providers are obliged to display the respective final price including taxes. However, the price information is provided exclusively by the accommodation provider itself. For the customer, the final price indicated prior to completion of the booking process is decisive.
4. Local tax
The local tax is a municipal levy and serves to finance the tourist infrastructure. The local tax is defined autonomously by the respective municipalities. The municipalities' scope of action with regard to the local tax is defined in the Local Tax Act. The local tax is paid by the accommodation provider to the municipality and can either be included or excluded from the estimated price.
2 Warranty and liability
2.1 Our own information has been compiled by us with the utmost care. However, no guarantee can be given for any errors in data collection or data transmission.
2.2 The information on our websites is partly provided by the respective accommodation providers, other customers or third parties. ARB does not adopt this content as its own. Each accommodation provider, customer or third party bears sole responsibility for the accuracy, completeness and currency of the information they provide, including prices and availability. They are also responsible for ensuring that no content is posted that infringes the legal positions of third parties. ARB cannot check this information and therefore assumes no liability for the accuracy, completeness, quality and legality of the use of the information.
2.3 The customer shall indemnify ARB against all claims to which third parties are entitled due to a breach of the obligations specified under 2.2. The Customer shall also support ARB in the defense against such claims and provide ARB with all information necessary for this purpose.
2.4 ARB shall not be liable to third parties for the conclusion of a booking. Likewise, the ARB is not liable for defects or damages arising in connection with the provision of the accommodation service by the accommodation provider or the provision of any other service by a third party (organizer, etc.). We give no assurances with regard to the fulfillment of special wishes expressed by the customer and assume no warranty in this respect.
3. data protection
3.1 We collect, process and use the customer's personal data only if consent has been given in this regard or if a legal provision permits the collection, processing or use of the data. We only collect, process and use data that is necessary for the provision of our services and the use and operation of the services offered on the website.
3.2 Under no circumstances do we sell data to third parties. Data will only be transferred to third parties to the extent necessary for a booking/reservation with the accommodation provider selected by the customer or for the provision of other services owed by us. This expressly includes the transfer to companies affiliated with us or other subcontractors for the purpose of carrying out the booking within the framework of corresponding contractual structures and within the framework of the applicable legal, in particular data protection regulations.
3.3 You can find further information on data protection and the handling of personal data here:
4. miscellaneous
4.1 Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law.
4.2 The online dispute resolution platform of the European Commission can be accessed via the following link: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE(br)
4.3 The place of performance is Bludenz. If the customer is not a consumer, the exclusive place of jurisdiction is the competent court at the registered office of Alpenregion Bludenz Tourismus GmbH.
4.4 If a provision of this agreement is invalid or unenforceable, this provision shall be interpreted in such a way that the provision is compatible with the applicable law and corresponds as closely as possible to the original intentions of the parties. The remaining part of this agreement shall remain unaffected.
Status 25.01.2021