1.1.     TVB Tiroler Oberland (hereinafter referred to as “TVB”) acts as an intermediary between private individuals and/or businesses (hereinafter referred to as the “customer” or “customers”) and accommodation providers in TVB’s region (hereinafter referred to as the “company” or “companies”) in order to conclude accommodation contracts (hereinafter referred to as “contracts”).

1.2.     TVB Tiroler Oberland (hereinafter referred to as “TVB”) also acts as an intermediary between customers and companies (hereinafter also referred to as the “company” or “companies”) providing various services (hereinafter referred to as “experiences”) in TVB's region for the purpose of concluding service contracts and rental agreements with these companies (hereinafter also referred to as “contracts”).

1.3.     Experiences include, for example, guided hikes, bike tours, climbing courses, rafting, canyoning, paragliding, adventure courses, museum and cultural tours, tasting events, cooking classes, children’s programmes, tickets for events and admissions, courses & workshops, day spas, and much more. Rental agreements are concluded, for example, for equipment such as tennis rackets.

1.4.     Transport services, such as the hiking bus/alpine hut shuttle service, are also considered experiences.

1.5.     The mediation described in points 1.1 and 1.2 takes place via online booking systems (“platform”), whereby companies make their offers publicly available and potentially interested customers can book services directly with the companies.

1.6.     Experiences can also be arranged in TVB’s branches; however, in this case, TVB only facilitates the reservation with the company in question and does not collect any payment. Payment for services in such cases is made directly to the company.

1.7.     TVB provides its services free of charge to the customer making the booking, meaning that TVB does not charge the customer any fee, e.g., in the form of a commission.

1.8.     These General Mediation Terms and Conditions (hereinafter referred to as “GTCs”) apply exclusively to TVB’s mediation of experiences and accommodation services on behalf of the customer, in the version published on the platform at the time of booking. If, when booking, a customer selects both experiences and/or accommodation from third-party providers and experiences and/or goods from TVB, the specific GTCs or General Mediation Terms and Conditions shall apply to each individual sub-contract.

1.9.     These GTCs do not, however, apply to the legal relationship between the companies and the customer. These legal relationships are governed exclusively by the terms and conditions agreed upon between the customer and the respective company. TVB is not a party to the agreement between the customer and the company.

1.10.  These GTCs also do not apply to the legal relationship between TVB and the companies.

1.11.  Deviations from these GTCs are only valid if TVB and the customer expressly agree to them in writing. Conflicting terms and conditions of the customer are not binding between the two parties.

2.1.     The offers for experiences published on the platform represent binding offers from the companies. TVB hereby points out that the companies have their own house rules, terms and conditions, booking conditions, transport conditions, and other contractual terms (e.g. regarding cancellation policies, minimum number of participants and the bringing of animals). It is the sole responsibility of the customer to familiarise themselves with the relevant terms and conditions before making a booking.

2.2.     The customer can select a company and its offer on the platform by clicking the “Book” button and adding it to their shopping cart. The customer may then add to, continuously review and edit the selected services and data until the final booking step.

2.3.     In order to complete the booking process, the customer is obliged to complete all mandatory fields fully and truthfully (personal data, payment information etc.). Any input errors made by the customer are their responsibility. TVB does not verify the content of the information provided.

2.4.     In order to finalise the booking, the customer must accept these GTCs and, where applicable, the company’s separate terms and conditions,

(i)            for accommodation services, these are the company’s GTCs or other terms and conditions, and subsidiarily, the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006) ;

(ii)           for experiences, the company’s separate GTCs or other terms and conditions shall apply (e.g., cancellation policy, minimum number of participants, transport conditions).

A link to the company’s special terms and conditions is provided during the booking process.

2.5.     By providing the information requested in the booking system and clicking “Book with payment”, the customer makes a binding acceptance of the company’s offer. This establishes a contract between the customer and the company under the conditions stated in point 2.4.

2.6.     Within 48 hours of booking, the customer shall receive an email confirmation from TVB containing the essential details of the contract.

2.7.     The customer has the option to book for several customers (travel companions) in a single booking transaction. In this case, the company’s only contractual partner is the customer making the booking, who is also liable for the agreed fee.

2.8.     After booking is complete, the customer may only make declarations of intent (e.g., changes, cancellations, any withdrawal under the Distance and Off-Premises Transactions Act (FAGG), booking inquiries, etc.) directly to the company. After a contract has been concluded between the customer and the company, TVB is not obliged to forward such declarations to the company. Notifications and declarations made via the platform’s functions are excluded from this.

3.1.     The prices listed for offers on the platform are in euros, including the statutory Austrian value added tax (VAT), but excluding optional costs (e.g., for additional equipment or similar) and the applicable local tax (tourist tax) for accommodation services.

3.2.     Costs for optional services (e.g., equipment rental) are only due when the experience is used.

3.3.     Before completing the booking, the customer receives an overview of the total price, including VAT, local taxes and all additional services (if applicable).

3.4.     Payment for the booked service is processed exclusively by the company. No payments are processed via the platform. The decision regarding payment methods on offer (credit card, instant payment, payment by invoice, payment on site) rests solely with the business. The company’s offer includes information on payment methods. The company may require advance payment or credit card pre-authorisation.

3.5.     Notwithstanding point 3.4, TVB shall process the payments for some services it arranges itself e.g. hiking buses. Payment shall be collected by TVB on behalf of and for the account of TVB. The customer may choose from the payment options displayed during the booking process. TVB reserves the right to restrict the choice of available payment methods in individual cases, particularly depending on the order value or the result of a credit check. There is no general guarantee that a specific payment method shall be available. The price is due immediately upon conclusion of the contract.

3.6.     Any bank charges shall be borne by the customer.

4.1.     TVB disclaims all liability for the availability of its platform or for any damages or consequential damages arising from a lack of availability or malfunctioning of the platform.

4.2.     As an intermediary in booking transactions, TVB is not liable for the conduct of the company or the customer. TVB is also not liable for
(i)            a specific condition of the accommodation or other specific characteristics of the accommodation service;
(ii)           specific characteristics of the experience, in particular its scope and quality; or
(iii)          the flawless provision of the booked service.

4.3.     TVB therefore assumes no liability whatsoever for price information or other data, details, and photos provided by the respective company on the platform. The companies are solely responsible for the accuracy of the information on the platform. TVB does not verify the accuracy of the content.

4.4.     TVB is only liable in cases of negligent selection if it has, with knowledge or gross negligence, mediated for a company not authorised to provide accommodation or the respective experience, or a company that is otherwise incapable, and this negligent selection is the cause of damage to the customer. TVB is not obliged actively to verify the suitability or public-law authority (in particular, trade licence) of the companies for which it mediates to provide the services offered.

4.5.     The exclusions of liability under these GTCs do not apply to damages caused by intent or gross negligence on the part of TVB. TVB is liable for personal injury even in cases of slight negligence.

4.6.     Regardless of fault, TVB shall not be liable for lost profits, pure financial losses or consequential damages.

5.1.     TVB is committed to comprehensive data protection and processes customers’ personal data exclusively in a lawful manner.

5.2.     Further information on the use of personal data can be found on our website at (https://www.tiroler-oberland.com/de/Service/Datenschutz, https://www.kaunertal.com/de/Service/Datenschutz, https://www.nauders.com/de/Service/Datenschutz) and the respective booking platforms.

6.1.     TVB recommends taking out travel cancellation, travel liability, health and accident insurance.

6.2.     Customers have the option of purchasing appropriate insurance from an external insurance company when booking via the platform.

6.3.     TVB provides a corresponding interface to insurance companies on the platform. Travel insurance can be purchased directly with the respective insurance company within the platform. Payment is processed exclusively by the insurance company. 

6.4.     It is the customer's responsibility to determine whether and under what conditions they wish to purchase insurance.

6.5.     TVB is not a party to any insurance contract.

6.6.     The provisions of these GTCs apply correspondingly to the mediation of travel insurance. In particular, TVB does not become a party to the insurance contract and assumes no liability for the insurer’s services.

7.1.     TVB does not arrange package tours or linked travel arrangements as defined by the Package Travel Act (PRG).

8.1.     There are no verbal ancillary agreements to these GTCs. Any ancillary agreements, amendments or additions of any kind must be in writing to be valid. This also applies to deviations from the requirement for the written form.

8.2.     For all disputes arising from legal transactions to which these GTCs apply, Austrian substantive law shall apply, excluding Austrian private international law.

8.3.     If the customer is a business or consumer residing outside the scope of the Brussels I Regulation (Recast) or the Lugano Convention (i.e., all countries except the EU member states, Switzerland, Norway, Liechtenstein, and Iceland), the competent court at TVB’s registered office shall have exclusive jurisdiction for all legal disputes arising from or in connection with these GTCs and/or contracts between TVB and the customer regarding the mediation of accommodation and leisure services.

8.4.     If the customer is a consumer residing within the EU or the area covered by the Lugano Convention, the statutory provisions on jurisdiction shall apply.

8.5.     All rights and obligations arising from these GTCs shall be transferred to any legal successors of TVB.

Part A – Common Provisions
1             General; scope of the General Terms and Conditions and subject matter of the contract
2             Concluding a contract via the platform
3             Prices and payment
4             Right of withdrawal for consumers (does not apply to businesses)
5             Sample withdrawal form for consumers
6             Liability
7             Data protection
8             Miscellaneous provisions

Part B – Special Provisions for Experiences
9             Performance of services and impossibility of performance
10           Minimum number of participants, no-shows
11           Terms and conditions of participation
12           Right to withdraw from experiences

Part C – Special Provisions for the Purchase of Goods
13           Shipping
14           Warranty

1.1     TVB Tiroler Oberland (hereinafter referred to as “TVB” offers various services (hereinafter referred to as “experiences”) and merchandise (hereinafter referred to as “goods”), all provided by TVB itself.

1.2     The experiences and goods are offered both via online booking systems (hereinafter referred to as the “platform”) and offline in TVB’s business premises.

1.3     Experiences offered by TVB include, for example, guided hikes, bike tours, climbing courses, museum and cultural tours, children’s programmes, tickets for services, courses and workshops offered by TVB, equipment rental (e.g., tennis rackets), and more.

1.4     The following General Terms and Conditions (hereinafter referred to as “GTCs”) apply exclusively to the business relationship between TVB and the customer in relation to contracts concluded for experiences organised by TVB itself and for the purchase of goods, in the version published on the platform at the time of booking.

1.5     These GTCs are divided into a general section (Part A), special provisions for experiences organised by TVB itself (Part B), and special provisions for the purchase of goods (Part C).

1.6     Part A of these GTCs applies to all contractual relationships mentioned in point 1.1. The special provisions of Parts B (experiences) and C (purchase of goods) shall apply additionally to the respective subject matter of the contract. In the event of a conflict, the special provisions of Parts B and C shall take precedence over the general provisions of Part A.

1.7     Separate General Mediation Terms and Conditions shall apply to the mediation of accommodation services offered on the platform and in the business premises, as well as the mediation of experiences organised by third-party providers and these separate General Mediation Terms and Conditions shall be clearly displayed on the website. The GTCs detailed here do not apply to these mediation services. If, when booking, a customer selects both experiences and/or accommodation from third-party providers and experiences and/or goods from TVB, the specific GTCs or General Mediation Terms and Conditions shall apply to each individual sub-contract.

1.8     In addition to these GTCs, special provisions and house rules may apply to the individual experiences. Such special provisions shall be brought to the customer’s attention during the booking process or explicitly in the business premises.

1.9     Deviations from these General Terms and Conditions are only valid if TVB and the customer expressly agree to them in writing. Conflicting terms and conditions of the customer are not binding between the two parties.

2.1     The offers for experiences and goods published on the platform constitute binding offers from TVB.

2.2     The customer can select an offer on the platform by clicking the “Book” button and adding it to their shopping cart. The customer may then add to, continuously review and edit the selected services, goods and data until the final booking step.

2.3     In order to complete the booking process, the customer is obliged to complete all mandatory fields fully and truthfully (personal data, payment information etc.). Any input errors made by the customer are their responsibility. TVB does not verify the content of the information provided.

2.4     To finalise the booking, the customer must accept these GTCs and, in the case of mixed bookings, any additional General Mediation Terms and Conditions.

2.5     By providing the information requested in the booking system and clicking “Book with payment”, the customer makes a binding acceptance of the offer.

2.6     Within 48 hours of booking, the customer shall receive an email confirmation from TVB containing the essential details of the contract.

2.7     The customer has the option to book for several customers (travel companions) in a single booking transaction. In this case, TVB’s only contractual partner is the customer making the booking, who is also liable for the agreed fee.

3.1     The prices listed for offers on the platform are in euros, including Austrian statutory value added tax (VAT), but excluding optional costs (e.g., for additional equipment or shipping).

3.2     Costs for optional services (e.g., equipment rental) are only due when the experience is used.

3.3     Before completing the booking, the customer receives an overview of the total price, including VAT and all booked additional services (if applicable).

3.4     Shipping costs, any bank charges, and customs duties are the customer’s responsibility.

3.5     The customer may choose from the payment options displayed during the booking process. TVB reserves the right to restrict the choice of available payment methods in individual cases, particularly depending on the order value or the result of a credit check. There is no general guarantee that a specific payment method shall be available.

3.6     The price is due immediately upon conclusion of the contract. In the event of late payment by the customer, TVB is entitled to claim statutory default interest and all additional costs and expenses incurred, in particular collection fees or legal fees.

3.7     The delivered goods remain the property of the business until full payment of the purchase price, including all incidental costs (e.g., shipping costs), has been received.

4.1     For contracts concluded online, by email/telephone (distance selling), or off-premises, a customer who is a consumer within the meaning of the Consumer Protection Act (KSchG) has the right to withdraw from the contract within fourteen days without giving a reason.

4.2     In order to exercise this right, the consumer must inform TVB of their decision to withdraw from this contract by means of a clear, informal declaration (e.g. notification sent by post, fax, or email). The consumer may also use the template withdrawal form attached to these GTCs.

4.3     In order to comply with the withdrawal deadline, it is sufficient for the consumer to send notification of their intent to exercise their right to withdraw from the contract before the withdrawal period has expired.

4.4     If the consumer withdraws from this contract, TVB must reimburse all payments received from the consumer, including any packaging and delivery costs, without undue delay and at the latest within fourteen days from the day on which TVB received notification of the withdrawal. For this reimbursement, TVB shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees for this reimbursement.

4.5     Special withdrawal conditions for experience bookings
4.5.1 The withdrawal period begins on the day the contract is concluded, as this is a service contract.
4.5.2 The experiences offered are “leisure activities” within the meaning of the Distance and Off-Premises Transactions Act (FAGG), for which a specific date or period is contractually stipulated for performance. There is no right of withdrawal for such leisure activities pursuant to § 18 para. 1 no. 10 FAGG.

4.6     Special withdrawal conditions for goods purchases
4.6.1 The withdrawal period begins on the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the goods.
4.6.2 The consumer must return or hand over the goods to TVB without undue delay and in any event no later than fourteen days from the day on which they inform TVB of their withdrawal from this contract. The deadline is deemed to have been met if the consumer sends the goods before the fourteen-day period expires. The consumer shall bear the direct costs of returning the goods. The consumer is only liable for any loss of value of the goods if this loss of value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.
4.6.3 TVB may refuse reimbursement until it has received the goods or until the consumer has provided proof of return shipment, whichever is earlier.

Notice of withdrawal
TO:
Tourismusverband Tiroler Oberland, Kirchplatz 48
6531 Ried im Oberinntal
Telephone:
0043 (0) 50 225 100
E-Mail:
office@tiroler-oberland.com
I hereby withdraw from the contract for the provision of the following service / the purchase of the following goods ……………………… …………………..………….…………………., which I booked on ……………………. .
Refund to account IBAN ……………………., BIC ……………………. .
Customer name: ……………………………..
Address: ……………………………..
Date: …………………….
Signature: …………………….

6.1     Claims for damages against TVB are excluded, unless the damage was caused intentionally or by gross negligence on the part of TVB or a person for whom TVB is responsible, and the conduct causing the damage does not relate to the main obligations arising from the contract. TVB is liable for personal injury even in cases of slight negligence.

6.2     The customer is responsible for complying with the participation requirements (e.g., health, age, required skills) listed in the respective service description of the experience. TVB is not liable, in particular, for damages resulting from the customer’s failure to comply with these requirements or from an overestimation of their abilities.

6.3     TVB specifically disclaims all liability for damages that the customer inflicts upon themselves or others during the performance of the agreed services, provided that such damages are not caused by TVB. 

6.4     TVB specifically disclaims all liability for the availability of its platform or for any damages or consequential damages arising from a lack of availability or malfunctioning of the platform.

1.5     Regardless of fault, TVB is under no circumstances liable for lost profits, purely financial losses, or consequential damages (including those resulting from defects).

7.1     TVB is committed to comprehensive data protection and processes customers’ personal data exclusively in a lawful manner.

7.2     Further information on the use of personal data can be found on our website at (https://www.tiroler-oberland.com/de/Service/Datenschutz, https://www.kaunertal.com/de/Service/Datenschutz, https://www.nauders.com/de/Service/Datenschutz) and the respective booking platforms.

8.1     There are no verbal ancillary agreements to these GTCs. Any ancillary agreements, amendments or additions of any kind must be in writing to be valid. This also applies to deviations from the requirement for the written form.

8.2     For all disputes arising from legal transactions to which these GTCs apply, Austrian substantive law shall apply, excluding Austrian private international law.

8.3     If the customer is a business or consumer residing outside the scope of the Brussels I Regulation (Recast) or the Lugano Convention (i.e., all countries except the EU member states, Switzerland, Norway, Liechtenstein, and Iceland), the competent court at TVB’s registered office shall have exclusive jurisdiction for all legal disputes arising from or in connection with these GTCs and/or contracts between TVB and the customer regarding the mediation of leisure services.

8.4     If the customer is a consumer residing within the EU or the area covered by the Lugano Convention, the statutory provisions on jurisdiction shall apply.

8.5     All rights and obligations arising from these GTCs shall be transferred to any legal successors of TVB.

9.1     The customer must arrive at the location named by TVB in good time before the start of the course.

9.2     In the case of guided experiences, TVB undertakes to provide a qualified guide for the respective experience.

9.3     If the provision of the service is not possible for safety reasons (e.g. weather conditions, avalanche danger, etc.), TVB is not obliged to provide the service. It is solely at TVB’s reasonable discretion to assess the impossibility of providing the service, whereby partial impossibility – e.g. the experience cannot be provided on three out of five days – shall not affect the part of the service that can be provided.

9.4     In the event of (partial or total) impossibility of performance as per point 9.1, TVB shall refund the (proportional) fee to the customer within 21 (twenty-one) days. Point 4.2 applies. The customer is not entitled to any further claims.

9.5     Force majeure, in particular epidemics, pandemics, official measures such as closures, and other unforeseeable and unavoidable events, shall release TVB from its obligations to perform the service.

10.1     TVB offers experiences that are subject to a minimum number of participants. If a minimum number of participants is specified in the respective description of an experience, TVB reserves the right to withdraw from the contract if this number is not reached. TVB may withdraw from the contract up to 8:00 p.m. on the day before the agreed start of the experience. In such a case, TVB shall refund the (proportional) fee to the customer within 21 (twenty-one) days. Point 4.2 applies. The customer is not entitled to any further claims.

10.2     If the customer fails to appear on the agreed-upon date of the experience or does not participate for other reasons within their control, the business’s claim to the agreed-upon fee remains valid. If the place reserved for the customer is reassigned to another person, the fee claim shall be reduced by the amount of revenue generated from this reassignment.

11.1     Before the start of an experience, the customer must truthfully and fully inform TVB about their abilities and experiences with the experience in question.

11.2     Before the start of the lesson, the customer must inform TVB of any health problems that could impair their physical performance.

11.3     Before the start of the experience, the customer is responsible for independently checking their equipment. If the customer does not possess the necessary knowledge to check their equipment properly, they must inform TVB of this fact.

11.4     The customer must follow TVB’s instructions. Should the customer disregard any instructions or warnings, TVB shall be entitled to terminate the contract with immediate effect. This also applies if customers exhibit inappropriate behaviour, particularly towards other course participants. TVB is entitled to terminate the contract at any time if the customer is under the influence of alcohol, drugs, or medication to such an extent that their safe participation in the experience can no longer be guaranteed. In the event that the contract is terminated in this manner, the customer is not entitled to any claims; in particular, they are obliged to pay the full fee.

12.1     The customer is entitled to withdraw from the experience contract unilaterally and without further obligation, in particular without obligation to pay any fee or cancellation charge, under the following conditions. Withdrawal must be made in writing (email is sufficient).

12.2     Withdrawal is permitted up to 48 hours before the start of the experience without any further obligations for the customer.

12.3     The date of TVB’s receipt of the customer’s written notice of withdrawal is decisive for compliance with the deadline. Errors in transmission and similar issues are the customer’s responsibility.

12.4     In all other cases, the customer is not entitled to withdraw without TVB’s express written consent and must pay the full fee.

12.5     If TVB issues a refund (or partial refund) of the fee paid for any reason whatsoever, TVB must use the same payment method for the refund that the customer used to make the original payment. However, a different payment method may be used if this has been expressly agreed upon with the customer and the customer incurs no additional costs as a result.

12.6     The provisions regarding the statutory right of withdrawal pursuant to point 4 remain unaffected.

13.1     Goods shall only be shipped after TVB has received the full purchase price.

13.2     TVB shall ship the goods to the delivery address provided by the customer within 10 business days of payment. Risk passes to the customer upon their receipt of the goods from the carrier, notwithstanding any mandatory statutory (consumer protection) provisions to the contrary. 

13.3     Shipping costs to be paid by the customer vary depending on the item, shipping address, etc. and shall be displayed before the order process is completed.

13.4     The place of performance for all obligations to be fulfilled by TVB and the customer is A-6531 Ried im Oberinntal, Austria. 

13.5     TVB assumes no liability whatsoever for adherence to delivery dates or delivery deadlines.

14.1     The statutory warranty provisions of the Consumer Warranty Act (VGG) apply to consumers, and the Austrian Civil Code (ABGB) applies to customers who are businesses.

14.2     The customer, if a business, must inspect the received goods immediately for any defects and report any visible defects to TVB in writing without delay, but no later than seven (7) days after receipt.

14.3     Defects resulting from improper use by the customer are excluded from the warranty. The warranty shall also not apply in the event of any tampering with the goods by the customer or third parties attributable to the customer. 

14.4     Warranty claims and other complaints can be submitted to the business address listed in the legal notice.