Terms and Conditions of the Pitztal Tourist Board

1. General Provisions and Scope of Application:

1.1.
The Pitztal Tourist Board (hereinafter ‘TVB’) is a public-law body established under the Tyrolean Tourism Act 2006.
On the one hand, the TVB arranges accommodation and other services provided by legal entities within the association’s area for ‘guests’. On the other hand, the TVB also operates as a tour operator.

1.2.
The booking or arrangement of services shall take place solely on the basis of these General Terms and Conditions (hereinafter “GTC”), provided that these form a valid part of the contract.

1.3.
For online bookings, available at www.pitztal.com, the GTC become part of the contract when the guest accepts their applicability by clicking the relevant button and submits the booking to the TVB.

1.4.
For services arranged by the TVB, there is no right of withdrawal under the FAGG (Section 1(2)(8), Section 18(1)(10) FAGG). ‘Withdrawal’ is sometimes also referred to, with the same meaning, as ‘cancellation’.

1.5.
On the one hand, the TVB arranges accommodation and other travel services from legal entities within the association’s territory for guests; on the other hand, it also offers package holidays directly and in its own name.

1.6.
The booking or arrangement of services is carried out on the basis of these General Terms and Conditions, provided that they form a valid part of the contract. Where validly agreed, in addition to these General Terms and Conditions, the General Terms and Conditions for Travel Services 2006 (AGBH 2006) and/or the general terms and conditions of the legal entities with which a contract is arranged may also apply in part.

This section applies to the provision of accommodation, transport or other travel services (“Experiences”) by the TVB. This applies regardless of the booking channel chosen, and therefore covers 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 on a daily basis as a virtual marketplace on which the guest, following registration, may enter into accommodation contracts, transport services or other travel services (“Experiences”). In this context, the TVB does not offer any travel services on its own behalf. Any mutual claims arising from this contract must be asserted solely against the direct contractual partner, without the TVB bearing any liability.

1.2.
By making a booking, only an agency contract is concluded between the guest and the TVB, to which the provisions of the Package Travel Act (PRG) do not apply. Nor do the General Travel Conditions (ARB 1992) apply to the agency contract.

2. Ranking:

2.1.
The order of search results on the TVB’s platform is determined randomly and automatically (on a rotating basis); the order displayed to the guest 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 for services provided by the TVB are made either directly via the online booking system (www.pitztal.com), in writing (email, fax) or by telephone.

3.2.
A booking made by the guest merely constitutes an offer to the accommodation provider or service partner to conclude a contract with them. The guest is bound by this binding offer for 3 working days. The contract is concluded upon (written) confirmation, for example by email, from the TVB on behalf of the accommodation provider. It is hereby stipulated that the guest is responsible for all participants listed in the offer in the same way as for their own obligations.
Pets may only be brought along if the accommodation provider permits this.

3.3.
Contracts arranged 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 the 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 provided by the TVB 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 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 regarding cancellations.

4.3.
Payments for the booked tourist services, as well as any deposits and/or outstanding balances, are to be made by credit card, instant payment, payment on account, payment on arrival, etc. The applicable payment options are determined by the accommodation provider or service partner and displayed during the booking process. The TVB is authorised 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 entrusted for processing, or to claims for compensation under the Product Liability Act.

5.2.
The TVB shall be liable in particular for booking errors (e.g. typing errors), provided these are not attributable to erroneous, incorrect or incomplete information provided by the guest or to unavoidable and exceptional circumstances.

5.3.
The TVB shall not be liable for any damage to property or financial loss suffered by the guest arising in connection with the booking, provided that such damage is attributable to unavoidable and exceptional circumstances.

5.4.
The TVB shall not be liable for the provision of services it has arranged, nor for the provision of any service which it has not arranged or which it has not undertaken to arrange for the guest, nor for any additional services booked locally by the guest after the start of the trip.

5.5.
The TVB shall provide the guest, together with the travel confirmation, with the company name or product names, the address of the accommodation provider or service partner and, where applicable, that of an insurer, provided that this information is not already contained in the brochure, catalogue or other detailed promotional material.

This section applies to the booking of package holidays with the TVB, regardless of whether the booking is made via the online booking system or by other means (in writing, verbally, by fax or by telephone). The term ‘package holiday’ as used in these General Terms and Conditions is synonymous with that defined in the Federal Act on Package Holidays and Linked Travel Arrangements (Package Holidays Act). In the event of the booking of other travel services, where the TVB acts as an intermediary or offers only a single travel service within its own remit, this section shall not apply and Section II shall apply.

1. Contractual relationship between the TVB and the guest:

1.1. Formation of the contract:
The TVB provides daily updates on the package holidays on offer and their availability. However, this presentation of travel services does not constitute an offer by the TVB to conclude a contract, but is to be regarded as an invitation to guests to submit a corresponding offer to enter into a contract. By placing an order, the guest submits an offer to the TVB to conclude a contract. The guest is bound by 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 must ensure that they are authorised to act on behalf of the fellow travellers. Pets may only be brought into the accommodation included in the package if this has been confirmed by the TVB. Otherwise, additional costs will apply.

1.2.
Payments for the booked package holiday are to be made by credit card, instant payment or payment on arrival, etc. The applicable payment options are determined by the TVB and displayed during the booking process.

1.3.
Guests may also book package holidays via the TVB’s online booking centre. Based on the information provided by the guest, suitable package holidays, including their key features and availability, are described on a daily updated basis.
Any input errors made by the guest are their responsibility. The TVB only checks whether all mandatory fields have been completed; no substantive check is carried out to identify input errors. After entering their payment details, the guest must confirm that they have read and accepted these Terms and Conditions and the Privacy Policy.
Upon completion of the booking process by the guest, the guest submits a binding contractual declaration.
Acceptance of the contractual offer by the TVB usually takes place by means of an express declaration of acceptance or by the transmission of the travel documents, of which the guest is also informed.

1.4. Content of the contract:
In the case of package holidays organised by the TVB, the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006) do not apply. The contractual relationship between the guest and the TVB is governed by the individual agreement and these General Terms and Conditions; in the event of any discrepancies, the individual agreement shall take precedence over these General Terms and Conditions.

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, which may also engage vicarious agents). In the case of online bookings, any specific requirements of the guest shall only form part of the contract if these are specified during the booking process and are expressly accepted by the TVB.

1.6. Right to amend services:
The TVB is entitled, within the meaning of Section 9(1) of the PRG, to make minor amendments to the contract. The guest shall be notified accordingly of any such changes. In the event of a contractual amendment within the meaning of Section 9(2) of the PRG, the guest is entitled, should they not agree to it, to withdraw from the contract or to accept an alternative offer made by the TVB.

2. Provision of travel services:

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

2.2.
Bookings for persons with reduced mobility, persons with other physical or mental impairments, and pregnant women should only be made following consultation and advice, where necessary.

2.3.
If a guest finds themselves in difficulty during the trip, the TVB is obliged and prepared to provide them with immediate and appropriate assistance. This may, in particular, take the form of providing suitable information or assisting with establishing remote communication links and finding alternative travel arrangements. The TVB may charge a reasonable fee for its assistance if the guest’s difficulties were caused by the guest’s own wilful misconduct or negligence.

3. Prices:

3.1.
The prices stated for each of the services offered are all quoted in euros, inclusive of statutory value added tax and local tax, but exclusive of any 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 apply:
Upon conclusion of the contract, the guest must pay a deposit amounting to 20 per cent of the tour price to the TVB. The remaining balance of the tour price must be paid by the guest by bank transfer 14 days before the start of the trip. For last-minute bookings (departure within 20 days), the full amount of the tour price (excluding the 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 will be displayed during the booking process.

5. Provision of travel documents:

5.1
Unless otherwise specified or agreed in relation to the booked travel services, the travel documents or vouchers will be sent to the guest (by email or post) without undue delay once the total price has been paid.

6. Warranty / Compensation:

6.1.
In the event that contractually agreed travel services cannot be provided by the TVB, or can only be provided inadequately, 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 Sections 11 et seq. of the PRG). Any breaches of contract which the guest becomes aware of whilst the travel services agreed in the travel contract are being provided must be reported to the TVB without delay, taking the relevant circumstances into account.

6.2.
The guest acknowledges that participation in certain tourist activities (e.g. guided ski tours, etc.) is only possible on the basis of separate General Terms and Conditions, which are provided by the TVB’s vicarious agents. In this context, the guest will be informed of the relevant risks; in some cases, participation requires the signing of a risk disclosure form.

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

7.1.
There is no right of withdrawal (right to cancel) under the FAGG for package holidays offered by the TVB.
The guest has the right to withdraw from the travel contract at any time prior to the start of the trip without giving reasons. Unless Section 9(2) of the PRG applies (withdrawal from the contract without compensation in the case of package holidays), the guest must pay the following flat-rate compensation amounts, depending on when the notice 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 holiday
c) 1 month to 1 week before the start of the trip:
70 per cent of the total price of the package holiday
d) in the last week before the start of the trip:
90 per cent of the total price of the package holiday

7.2.
If the guest is unable to make use of the service, there is generally no entitlement to a refund. If the guest leaves early, the TVB remains entitled to demand the full agreed fee. However, the TVB shall deduct any savings it has made as a result of the service not being used, or any income it has received from letting the booked accommodation to another party.

7.3.
If the TVB is prevented from fulfilling the contract due to unavoidable and exceptional circumstances, it may withdraw from the contract without compensation in accordance with Section 10(3c) of the PRG.

8. Early termination of the package holiday contract:

8.1.
The TVB is entitled to terminate the package holiday contract with immediate effect, if the guest makes significantly detrimental use of the accommodation provided, or if, through their inconsiderate, offensive or otherwise grossly inappropriate behaviour, they make co-residence intolerable for the other guests or the owner, or if the guest contracts an infectious disease. In this case, the guest may not claim compensation for services under the original package holiday contract which can no longer be utilised.

9. Insolvency cover:

9.1.
The TVB has appropriate insolvency cover in place. The insurer is responsible for assessing and settling the guest’s claims in the event of insolvency.

This section applies, alongside Section I, to the purchase of goods from the TVB. This section applies both to purchases of goods made via the TVB’s online booking system and to those made in any other way (in writing, verbally or by telephone) with the TVB. These General Terms and Conditions do not apply to online shops that are not operated on behalf of the TVB.

1. Contractual relationship between the TVB and the guest:

1.1. Formation of the contract:
The TVB provides daily updates on the key features of the goods on offer and their availability. This presentation does not constitute an offer by the TVB to enter into a contract; rather, it is to be understood as an invitation to guests to submit a corresponding offer to enter into a contract. By placing an order, the guest submits an offer to the TVB to conclude a contract. The guest is bound by this binding offer for 3 working days. The contract is concluded upon confirmation (in writing, by email) by the TVB.

1.2
Where the online booking centre is available for the purchase of goods, the relevant booking steps as specified by the platform must be followed. In order to proceed with or complete the booking process, the guest is obliged to fill in all mandatory fields fully and truthfully. Any input errors made by the guest are their responsibility. The TVB will only check whether all mandatory fields have been completed; no substantive check for input errors will be carried out.
The order is finalised by clicking the ‘Book with payment’ button. In doing so, the guest makes a binding contractual declaration. By submitting this declaration via the online booking centre, the guest accepts the applicability of these General Terms and Conditions and makes a binding contractual offer. The guest is bound by this binding contractual offer for 3 working days.

1.3.
The provisions of this Section IV apply in particular to the purchase of goods via the TVB’s online shop under the name ‘Pitztal Fashion’, which is technically processed via the online booking and sales system of Feratel Media Technologies AG (‘Feratel system’).

2. Right of withdrawal:

2.1.
The guest has – exclusively within the scope of this section of the General Terms and Conditions – 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 guest, or a third party designated by them (other than the carrier), took possession of the goods. In the case of a contract for the provision of services or a contract for the supply of digital content not supplied on a tangible medium, the withdrawal period is 14 days from the date the contract is concluded. To exercise the right of withdrawal, the TVB must be informed by means of a clear statement (e.g. a letter sent by post, fax or email) of the decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

2.2. Consequences of withdrawal:
Consequences of withdrawal: If you withdraw from this contract, TVB must refund to you all payments it has received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by TVB) without delay and at the latest within 14 days of the day on which the TVB receives notification of your withdrawal from this contract.
For this refund, the TVB will use the same payment method that you used for the original transaction (in particular, a refund to your PayPal account or credit card), unless expressly agreed otherwise with you; Under no circumstances will you be charged any fees in connection with this refund.
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 earlier.
The customer must return or hand over the goods to TVB without delay and, in any event, no later than 14 days from the date on which they exercised their right of withdrawal. The customer shall bear the direct costs of returning the goods.
The customer has the right to inspect the goods ordered as to their nature and functionality to the extent that is customary when purchasing in a high-street shop. However, this right of inspection does not include the use of the goods


3. Exclusion of the right of withdrawal:

3.1.
The guest shall not be entitled to a right of withdrawal,

a) if the guest is a trader and the contract forms part of the operation of their 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 the conclusion of the contract.

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

5. Prices, payment, retention of title:

5.1.
The prices stated for the goods are all total prices in euros, inclusive of statutory VAT, but exclusive of delivery costs and other charges and fees. Before completing the order, the guest will be provided with an overview of the total price, including all ancillary charges. Postage costs, any bank charges and customs duties are to be borne by the guest.

5.2.
For the purchase of goods via the ‘Pitztal Fashion’ online shop, the available payment methods are prepayment by credit card or PayPal. The TVB reserves the right to exclude individual payment methods either temporarily or permanently. In the event of payment by credit card, the guest’s payment may be reversed in the event of misuse.

5.3.
The TVB retains title to the goods until the total price has been paid in full.

6. Warranty:

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

1. Data protection:

Various data processing operations relating to your personal data take place in connection with the TVB’s provision of services, the use of the online booking system, any correspondence, and bookings made via the online booking system. Please refer to the TVB’s privacy policy (www.pitztal.com) for further details.

2. Disclosure of information to third parties:

2.1.
Information regarding the names of guests (tour participants) and their whereabouts shall only be disclosed to third parties with the guest’s express prior consent. There are no exceptions to this, even in urgent cases.

2.2.
Where consent to the disclosure of information has been granted, the guest shall bear all costs arising in connection with the transmission of messages.

3. Applicable law / 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 General Terms and Conditions, or parts thereof, shall not affect the validity of the remaining provisions. In the event that individual provisions are invalid, the contracting parties undertake to replace them with valid provisions that come as close as possible, in economic terms, to the original provision.

5. Service of documents/electronic correspondence:

5.1.
The Guest’s delivery and contact address shall be the address (e.g. email address) most recently provided to the Agent. The Guest must notify the Agent of any changes without delay. The Guest is advised to do so in writing.

1. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party nominated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must notify us:
Pitztal Tourist Board, for the attention of Mr Philipp Stöfelz, Unterdorf 18, A-6473 Wenns Email: info@pitztal.com Tel.: +43 (0) 5414 / 86 999 Fax: +43 (0) 5414 / 86 999-88 by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract.

You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a method of delivery other than the cheapest standard delivery option offered by us, cheapest standard delivery option), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.

We will make this refund using the same payment method you used for the original transaction (e.g. a refund to your PayPal account or credit card), unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract:
Pitztal Tourist Board, Unterdorf 18, A-6473 Wenns.

The deadline is met if you post the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You will only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their condition, characteristics and functionality.

2. Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to us