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T&C's of Tourismusverband Pitztal

T&C's

General Terms and Conditions of the Pitztal Tourism Association including the web shop

Date: 17.05.2017

1. General

1.1. It is noted that Pitztal Tourism Association (hereinafter referred to as “PTA”) operates as a travel agent and as a tour operator.

1.2. The following terms only apply to the PTA’s activities as a tour operator.

1.3. As a tour operator PTA offers individual and package tourist services and is committed to rendering these services as personal contributions.

2. Scope of Application

2.1. For all present and future transactions between the “PTA” and third-parties (hereinafter referred to as “customer”), regardless of where customers may have their residence, only the following general terms and conditions (hereinafter referred to as “GTC”) apply in their valid version respectively.

2.2. The GTC are considered as general conditions for any future legal transactions of the PTA, even if this is not referred to separately hereinafter.

2.3. The use of the information and booking systems offered on the website www.pitztal.com, especially the use of the online booking service and web shop orders by the customer are regarded as explicit consent of the customer to the applicability of the GTC.

2.4. PTA can, at any time, change or amend these GTC, unilaterally and without notice. Any change or amendment of the GTC is legally binding for a customer, to whom already an earlier version of the GTC was applicable as soon as

2.4.1. Latest (amended) versions of the GTC are downloadable from the website (www.pitztal.com) and

2.4.2. If the customer uses the information and booking systems available on the website (www.pitztal.com) after having downloaded the amended version, especially when (continuing) to use online bookings systems.

2.5. The conditions listed in article 2.4.1 and 2.4.2 are cumulative (have to be present simultaneously).

3. Contract closing/ booking

3.1. Bookings and services of the PTA are either made via the online booking system (www.pitztal.com), in writing (email, fax) or by telephone.

3.2. A booking by the customer is simply an offer by the PTA to enter into a contract. It is noted that the customer is responsible for himself and for all participants included in the booking.

3.3. The contract (hereinafter referred to as “travel contract”) between the PTA and the customer becomes directly binding upon receipt of a written confirmation.

4. Liability / warranty / indemnity

4.1. In case of undelivered or unsatisfactorily delivered services, the customer has the right to a warranty claim. In the course of this the customer agrees to the PTA providing a flawless service or to improve the service within an adequate period of time, instead of his claim to a transfer or a reduction in price.

4.2. The customer is obliged to inform PTA about any shortcomings in the fulfilment of the contract that he notices during the holiday.

4.3. Shortcomings or complaints have to be reported in writing to PTA as the operator and within four weeks after the customer’s return – otherwise the customer looses the right to any claims.

4.4. PTA is only liable for damages or injuries of the obligations incumbent upon him as stated in the travel contract, if they were carried out with intent or are due to gross negligence.

4.5. Minor negligence claims for damages are excluded. This does not apply to personal injuries.

4.6. Any possible claims for damages are limited to the amount of the travel/tour price.

5. Cancellation

5.1. Up to 48 hours after booking, guests have the option of cancelling the reservation free of charge; if the booking is not cancelled within this period, the following cancellation fees apply: 

5.1.1. Up to 22 days before arrival: 30% of the total amount

5.1.2. From 21 days to seven days before arrival: 70% of the total amount

5.1.3. From 6 days before arrival or on no-show (non-commencement of the journey): 90% of the total amount

5.2. Changes to the travel dates are handled as cancellations or new bookings.

6. Cancellation of the contract by the customer

6.1. Apart from the statutory cancellation rights the customer may cancel during the following cases prior to the commencement of the services:

6.1.1. If crucial elements of the contract, especially the travel price change considerably, i.e. increase by more than 10%.

6.1.2. In case the frustration of the character or the objective of the travel package.

6.2. PTA is obliged to inform the customer about any changes to the contract and to provide information regarding the best possible choices (amendment or cancellation of contract).  

6.3. The customer has the right to choose between a reverse transaction of the contract and to fulfilment of a contract by attending a different like-for-like travel package, insofar PTA is able to deliver this service. The customer must choose promptly.

7. Advice of cancellation

7.1. The customer is obliged to inform PTA of any intentions to cancel the contract in writing. The date PTA receives this declaration is decisive for the calculation of the cancellation fee according to paragraphs 5.1 to 5.1.3.

7.2. PTA is released from its contract performance, if the minimum number of participants stated in advance has not been achieved; in this case PTA can withdraw from providing the service with exclusion of any claims to compensation. The customer will possibly only be refunded any fee already paid, but any claims for damages over and above that are excluded. 

7.3. In case of unusual and unforeseen events, over which PTA has no influence on and whose consequences could not have been avoided – although due care was taken – PTA can withdraw from the contract with exclusion of any claims to compensation. Such incidents particularly include events of force majeure, such as state directives, strikes, war or war-like situations, natural disasters and epidemics.

7.4. PTA is also excluded from the delivery of a service if a customer continually disrupts the delivery of a tour, by displaying disorderly behaviour despite a warning by the operator. In this case, the customer is obliged to pay compensation to PTA, provided that he is at fault.

8. Changes of contract

8.1. PTA is entitled to increase the cost of the tour price stated in the booking confirmation, if

8.1.1. There are reasons that are outside of PTA’s control and

8.1.2. The travel date is more than two months after the signing of the contract.

8.2. Such reasons (paragraph 8.1.1) are for example a change in transport costs (such as a rise in fuel costs), extra charges for certain services such as landing fees, toll charges, airport taxes or exchange rates applicable to the tours.

8.3. Within the two month period (paragraph 8.1.2) price increases can only be made if the reasons for this have been negotiated individually on booking and were noted on the booking confirmation. There will not be any price increases from 21 days before the arrival date.

8.4. If there are any price changes PTA is bound to

8.4.1. Inform the customer about price changes and their circumstances and

8.4.2. Inform the customer about the new prices.

8.5. The customer is aware and obliged to cover any additional costs (especially surcharges for single occupancy) that may occur in case of his booking of a double or multi-bedroom occupancy, should he arrive alone.

8.6. All journeys are subject to changes. Travel times stated and tour guides are non-binding.

8.7. PTA reserves the right to make changes for organisational reasons.

9. Transfer of risk for web shop orders

9.1. It is noted that orders via the web shop constitute sales by dispatch (hereinafter referred to as “SBD”).

9.2. On SBD the risk of loss or damage of the goods is passed on to the customer according to § 7b KschG, as soon as the goods are delivered to the customer or a third party designated by the customer (if the delivery address differs from the customer’s invoicing address).

9.3. The customer can make claims for damages in transit directly to the transport company within the designated complaint period.

9.4. The customer bears any risk for shipments from the customer to the PTA, especially the transport risk until the goods arrive at PTA in Austria.

9.5. Complaints based on statutory warranty claims or any other complaints can be made to the contact provided in the imprint of the PTA.  

10. Cancellation right of the consumer (does not apply to contractors)

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Cancellation policy for web shop orders

You are entitled to cancel this contract within 14 days without giving any reasons. The cancellation deadline is 14 days from the date that you or a third party designated by yourself have taken delivery of the goods.  

In order to exercise your right of cancellation you have to inform us (Pitztal Tourism Association, Unterdorf 18, 6473 Wenns, telephone number: +43 (5415) 86999-13, fax number: +43 (5415) 86999-88, email address: info@pitztal.com) by sending us a clear declaration in writing (for example by post, fax or email) regarding your decision to cancel this contract.

You can use the enclosed specimen cancellation form but that is not compulsory. Alternatively you can also send a clear declaration by filling in an electronic form on our website (www.pitztal.com) or by sending us an email. A confirmation of receipt of the cancellation note will be sent to you. It is sufficient that you send the declaration regarding your right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel the contract we have to refund you all payments received from you – including delivery costs – promptly and within the 14 days from the day of receipt of your cancellation of contract at the latest.

We will use the same means of payment for the refund that you used for the original transfer of payment, unless otherwise stated by yourself; you will, in no case, be charged any fees for this refund.

We can refuse a refund until we have received the goods back or, until you have provided evidence that you have returned the goods – whichever is the earlier date.

You have to return or give back the goods promptly and within 14 days from the date of your declaration of cancellation of the contract at the latest. The return period is kept if you dispatch the goods before the 14 days deadline. You must bear the costs for the return delivery of the goods.

You will only be liable to pay for any diminished value of the goods, if it is evident that you handled the goods other than is necessary in order to check their quality, features and functionality.

Exclusions of the right of cancellation

The cancellation right does not apply to contracts:

a. For the delivery of goods, that are not prefabricated and for whose production an individual choice or specification by the customer is decisive or that are tailored to the customer’s personal requirements,

b. For the delivery of goods that can perish quickly or whose expiry date would quickly be exceeded,

c. For the delivery of sealed goods that are not suitable for returns due to health protection or hygiene reasons, if the seal has been removed after delivery,

d. For the delivery of goods, if they have been mixed with other goods after delivery and are now inseparable,

e. For the delivery of alcoholic drinks, whose price has been agreed on conclusion of the contract, but can only be delivered 30 days after contract conclusion at the earliest, and whose actual value is subject to market fluctuations that the contractor has no influence on,

f. For the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed,

g. For the delivery of newspapers or magazines with the exception of subscription contracts.

End of the cancellation policy

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Specimen cancellation form for consumers

Should you wish to cancel the contract, please fill in this form and return it to

Pitztal Tourism Association
Unterdorf 18
6473 Wenns
Austria

Tel.: +43 (5415) 86999-13
Fax: +43 (5415) 86999-88
Email: info@pitztal.com

I/we (*) herewith cancel my/our contract regarding
the purchase of goods (*)/delivery of the following services (*)
via the web shop, operated by Pitztal Tourism Association

Ordered on(*)/received on(*):

Consumer name(s):

Postal address of the consumer(s):

…………….., on ……………..

…………………………………………

Signature of the consumer(s) (only applicable for notices on paper)

(*) Please cross out inapplicable facts.

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11. Data protection

11.1. PTA processes personal data based on the respectively applicable data protection laws.

11.2. The personal data (name, postal address, email, telephone number) shared by customers with the PTA will only be processed and used by the PTA as is necessary in order to deliver their liaising services. 

11.3. PTA is entitled to pass on personal data if necessary in order to process information, reservation or booking requests. PTA is also authorised to use this data for the PTA’s own marketing operations. Beyond this, data is not shared with any third parties.

11.4. Apart from that, the data protection and privacy policies by the PTA applicable between the PTA and the customer, are available on the website www.pitztal.com

12. Giving information to third parties

Information regarding customer names (tour participants) and their whereabouts will only be shared with third parties if the customer is explicitly informed in advance. There are no exceptions, even in urgent cases.

13. Governing law / place of jurisdiction

13.1. Agreed upon is the application of Austrian law under exclusion of private international law.

13.2. Any disputes or disputes in connection with business relations between PTA and customers shall fall into the exclusive jurisdiction of the competent local court for A-6473 Wenns.

14. Salvatorious clause

In the event that individual contractual provisions or regulations in this AVB or parts thereof are ineffective, the remaining provisions shall remain in effect. In the event of the ineffectiveness of individual provisions, the contracting partners commit themselves to substitute these with legally effective ones that are economically closest to the original provisions.

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