Legal notice

Responsible for content:

Tourismusverband Tiroler Oberland
Tiroler Oberland Tourismus
Kirchplatz 48
A-6531 Ried im Tiroler Oberland
Tel +43 (0) 50 225 100
Fax +43 (0) 50 225 110
office@tiroler-oberland.com

Chair Dr. Armin Falkner
Supervisory authority: Amt der Tiroler Landesregierung
Abteilung Tourismus 2C

VAT ID number: ATU 630 47 900
Place of jurisdiction: Landeck

Bank details:
Raiffeisenbank Ried
Bank routing code: 36306
Acct no. 10090
IBAN: AT643630600000010090
SWIFT: RZTIAT22306

 

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TVB Tiroler Oberland, Bergbahnen Nauders, martinlugger.com, Daniel Zangerl, Tirol Werbung, Kurt Kirschner, Alpenzoo Innsbruck, Swarovski Kristallwelten, Bernina-Express, Innsbruck-Tourismus
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Liability & content

The content of our pages has been compiled with the greatest possible care. However we cannot accept any liability for the accuracy or completeness of the content, or how up to date it is. As a service provider, we are responsible for our own content under general law. However, we are not under any obligation to monitor transferred or stored information from third parties or to investigate such information for evidence of illegal activity. This does not affect obligations under general law to remove or block the use of information. However, this liability only applies from the point in time when a concrete infringement of the law becomes known. Should we become aware of any violation of the law, we shall remove the corresponding content immediately.

Liability and links

Our website contains links to external third party websites and we have no influence over the content of those sites. Therefore we can accept no liability for this third party content. In each case, the provider or operator of the pages is responsible for their content. At the time of setting up the link, the linked pages are checked for possible violations of the law. At the time the link was set up, no illegal content was evident. However, a permanent check of the content of linked pages is not feasible without concrete indications of a violation of the law. Should we become aware of any violation of the law, we shall remove the corresponding links immediately.

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We would like to point out to you that data transmission over the internet (for example, communication by e-mail) can entail security vulnerabilities. Complete protection of data from access by third parties is not possible.

The use of the contact data, which we are obliged by law to publish in these legal notices, by third parties to send us unsolicited advertising materials and information which we have not expressly requested is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited receipt of advertising information, for example in the form of spam e-mails.

Data privacy policy for the use of Facebook plugins (Like button)

Our pages include plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognise the Facebook plugins by the Facebook logo or “Like” button on our page. An overview of Facebook plugins can be found here: http://developers.facebook.com/docs/plugins/.
When you visit our pages, the plugin creates a direct link between your browser and the Facebook server. Facebook is therefore informed that you have visited our page with your IP address. If you click on the Facebook “Like” button whilst you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This means that Facebook users will be able to match your visit to our pages with your user account. Please note that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. More information can be found in Facebook’s data privacy policy at http://de-de.facebook.com/policy.php

If you do not want Facebook to be able to match your visit to our pages with your Facebook user account, please log out of your Facebook user account.

Data privacy policy for the use of Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses so-called “cookies”, text files which are stored on your computer and permit the analysis of your use of the website. The information about your use of this website generated by the cookie (including your IP address) will be transferred to a Google server in the USA and stored there.

Google will use this information to evaluate your use of the website, compile reports on website activity for the operators of the website and provide other services associated with use of the website and the internet. Google may also pass this information onto third parties insofar as is prescribed by law or where third parties are processing the data on behalf of Google. Under no circumstances will Google match your IP address with other data held by Google Inc.

You can prevent the storage of cookies by using the appropriate setting on your browser software; however we would point out to you that if you do this, you may not be able to use all functions of this website to their full extent. In addition, you can prevent Google from collecting the data on your use of the website (including your IP address) generated by the cookie, and also prevent the processing of this data by Google, by downloading and installing the browser plugin available via the following link:http://tools.google.com/dlpage/gaoptout?hl=de.

Data privacy policy for the use of Google Adsense

This website uses Google AdSense, an advertising integration service from Google Inc. ("Google"). Google AdSense uses so-called “cookies”, text files which are stored on your computer and permit the analysis of use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons are used to gather information such as visitor traffic on specific pages.

The information on your use of this website (including your IP address) generated by the cookies and web beacons, and delivery of advertising formats, will be transferred to a Google server in the USA and stored there. Google may pass this information onto its contractual partners. However, Google will not match your IP address with other data stored on you.

You can prevent the installation of cookies by using the appropriate setting on your browser software; however we would point out to you that if you do this, you may not be able to use all functions of this website to their full extent. By using this website you declare that you agree to processing of the data collected on you by Google in the aforementioned way and for the aforementioned purposes.

Use of retargeting functions on the website www.tiroler-oberland.com

Placement of interest-related advertising with the help of “retargeting”

This website uses so-called “retargeting tags”. A “retargeting tag” is a JavaScript element that is placed in the website’s source code. If a visitor visits a page on this website that contains a “retargeting tag”, a provider of online advertising (e.g. Google) places a cookie on this user’s computer and assigns it to corresponding retargeting target group lists. This cookie then serves the purposes of placing retargeting campaigns (“interest-related advertising”) on other websites. Studies have shown that the integration of interest-related advertising is more interesting for the internet user than advertising that has no link to their interests or previously visited websites.

Setting and deactivation options

Third party providers, including Google, use these cookies to place advertisements based on a user’s previous visits to our website. No personal data is saved. Users of this website can deactivate use of cookies by Google by bringing up the page “Google ad preferences”. In addition, users can deactivate use of cookies by third party providers by visiting the deactivation page of the "Network Advertising Initiative" and making the corresponding settings.

Google ad preferences: http://www.google.com/ads/preferences/?hl=de
Settings and un-subscription options of the "Network Advertising Initiative":http://www.networkadvertising.org/managing/opt_out.asp

Data privacy policy for the use of Google +1

Recording and disclosure of information:
You can use the Google +1 button to publish information worldwide. You and other users will receive personalised content from Google and our partners through the Google +1 button. Google saves both the information that you have input for +1 content and information on the page that you were looking at when you clicked on +1. Your +1 can be shown as tips together with your profile name and photo in Google services, such as search results or your Google profile, or in other places on websites and advertisements online.
Google records information on your +1 activities, in order to be able to improve Google services for you and others. In order to be able to use the Google +1 button, you need an internationally visible, public Google profile that must at least contain the name selected for the profile. This name is used in all Google services. In some cases, this name may also replace another name that you used when sharing content via your Google account. The identity of your Google profile may be displayed to users that know your e-mail address or have other information that could be used to identify you.

Use of recorded information:
Alongside the purposes outlined above, the information that you provide will be used in accordance with the applicable Google data privacy policy. Google may publish pooled statistics on users’ +1 activities and/or pass these onto users and partners, such as publishers, advertisers or affiliated websites.

Data privacy policy for the use of Twitter

Functions of the Twitter service are integrated into our pages. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Using Twitter and the “Re-Tweet” function will link the websites that you visit to your Twitter account, and disclose them to other users. Data will also be transmitted to Twitter.

Please note that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. More information can be found in Twitter’s data privacy policy at http://twitter.com/privacy.

You can change your Twitter data privacy settings under your account settings at http://twitter.com/account/settings.

 

List of sources: Disclaimer from eRecht24, the portal for internet law owned by lawyer Sören Siebert, Facebook data privacy policy, Google Analytics terms, eRecht24 data privacy policy Google Adsense, Google +1 data privacy policy, data privacy policy for Twitter

 

 

General Terms and Conditions of Business
GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE HOTEL INDUSTRY 2006 (TCHI 2006)

Version of 15.11.2006


Overview of content
§ 1 Applicability
§ 2 Definition of terms
§ 3 Conclusion of contract – down-payment
§ 4 Start and end of lodging
§ 5 Withdrawal from the lodging agreement – cancellation fee
§ 6 Provision of alternative accommodation
§ 7 Rights of the contractual partner
§ 8 Obligations of the contractual partner
§ 9 Rights of the host
§ 10 Obligations of the host
§ 11 Liability of the host for damage to items brought in
§ 12 Limitations of liability
§ 13 Animals
§ 14 Extension of lodging
§ 15 End of the lodging agreement – premature
§ 16 Illness or death of the guest within the lodging agreement
§ 17 Place of performance, place of jurisdiction and choice of law
§ 18 Miscellaneous
 

§ 1 Applicability

1.1 These General Terms and Conditions of Business for the Hotel Industry (hereinafter referred to as:
“TCHI 2006”) replace the previous “ÖHVB” in the version of 23 September
1981.
1.2 The TCHI 2006 do not exclude special agreements. The TCHI 2006
are subsidiary to individual agreements.

§ 2 Definition of terms

2.1 Definition of terms:
“Host”: Is a natural or legal person that accommodates guests for a fee.
“Guest”: Is a natural person that accepts accommodation. The guest
is generally also the contractual partner. Guests shall also include any persons
travelling with the contractual partner (e.g. family members, friends,
etc).
”Contractual partner”: Is a natural or legal person from Austria or abroad that concludes a lodging agreement as or for a
guest
“Consumer” and “company”: These terms are to be understood within the meaning of the Austrian consumer protection act 1979 in the relevant version.
“Lodging agreement”: Is the contract concluded between the host and the contractual partner, the content of which is regulated below.

§ 3 Conclusion of contract – down-payment

3.1 The lodging agreement shall come into being by means of acceptance of the contractual partner’s booking by the host. Electronic declarations are considered
received when the party for which they are intended can access them under normal
circumstances, and receipt takes place during the business hours specified by the host.
3.2 The host shall be entitled to conclude the lodging agreement under the condition
that the contractual partner makes a down-payment. In this case, the
host shall be obligated to inform the contractual partner of the required down-payment before
accepting the contractual partner’s written or verbal
booking. Should the contractual partner declare that he agrees to the down-payment (in writing
or verbally), the lodging agreement shall come into being upon the host’s receipt of the
declaration of agreement to pay the down-payment issued by the contractual partner
.
3.3 The contractual partner undertakes to pay the down-payment (receipt) 7 days
before lodging begins at the latest. The costs of the monetary transaction (e.g.
transfer fees) shall be borne by the contractual partner. The relevant terms of conditions of the card companies shall apply for
credit and debit cards.
3.4 The down-payment is a partial payment on the agreed fee.

§ 4 Start and end of lodging

4.1 If the host does not cite another time, the contractual partner shall be entitled
to enter the rented space from 4.00pm on the agreed day (“day of
arrival”).
4.2 If a room is used for the first time before 6.00am, the previous
evening shall count as the first overnight stay.
4.3 The rented space must be vacated by the contractual partner by 12.00pm on the day of
departure. The host shall be entitled to charge for another day
if the rented space is not vacated on
time.

§ 5 Withdrawal from the lodging agreement – cancellation fee

Withdrawal by the host
5.1 If the lodging agreement provides for a down-payment and the down-payment is not made
by the contractual partner on time, the host may withdraw from the lodging agreement without
setting a grace period.
5.2 Should the guest not appear by 6.00pm on the agreed day of arrival, there shall be no obligation to accommodate him unless a later
arrival time was agreed.
5.3 However, if the contractual partner has made a down-payment (see 3.3),
the space shall remain reserved until 12.00pm on the day after the agreed day of arrival
at the latest. In the case of advance payment of more than four days, the
obligation to accommodate shall end from 6.00pm of the fourth day, whereby the day of arrival shall be counted as the
first day, unless the guest cites a later day of
arrival.
5.4 The lodging agreement may be terminated by the host for objectively justified reasons
up to 3 months before the contractual partner’s agreed day of arrival at the latest,
unless otherwise agreed,
by means of a unilateral declaration.

Withdrawal by the contractual partner – cancellation fee
5.5 The lodging agreement may be terminated by the contractual partner without having to pay a cancellation fee
up to 3 months before the guest’s agreed day of arrival
by means of a unilateral declaration.
5.6 Outside of the period defined in § 5.5, withdrawal by means of unilateral declaration by the contractual partner shall
only be possible against payment of the following cancellation
fees:
- 40% of the total arrangement price up to 1 month before the day of arrival;
- 70% of the total arrangement price up to 1 week before the day of arrival;
- 90% of the total arrangement price in the final week before the day of arrival.

Up to 3 months: no cancellation fee
3 months to 1 month: 40%
1 month to 1 week: 70%
In the last week: 90%

Inability to get to the accommodation
5.7 If the contractual parter is unable to appear at the accommodation on the day of arrival
because unforeseeable extraordinary circumstances (e.g. extreme
snowfall, flood, etc.) render all possibilities of getting to the destination
impossible, the contractual partner shall not be obligated to pay the agreed amount for the days
of arrival.
5.8 The obligation to pay for the booked stay shall recommence as soon as it is possible to access the destination
, insofar as it becomes possible again within three
days.

§ 6 Provision of alternative accommodation

6.1 The host may provide the contractual partner or guests with adequate replacement accommodation
(of the same quality) if this is reasonable for the contractual partner,
particularly if the difference is minimal and objectively
justified.
6.2 Objective justification shall exist if, for example, the room
(or rooms) has (have) become unusable, guests that are already there
extend their stay, the accommodation has been double-booked or other important business
measures render this necessary.
6.3 All additional expenses for the replacement accommodation shall be borne by the host.

§ 7 Rights of the contractual partner

7.1 By concluding a lodging agreement, the contractual partner shall obtain
the right to normal use of the rented space and facilities of the accommodation provider
that are usually accessible to guests for use without specific conditions
.
The contractual partner shall exercise his rights in accordance with all hotel and/or guest regulations (house rules).

§ 8 Obligations of the contractual partner

8.1 The contractual partner undertakes to pay the agreed fee,
plus any additional amounts due based on specific
use of services by him and/or guests accompanying him, plus statutory value added tax, by the point of departure at the latest.
8.2 The host shall not be obligated to accept foreign currencies. If the host accepts
foreign currency, it shall be accepted for payment at the
exchange rate wherever possible. Should the host accept foreign currency or
cashless means of payment, the contractual partner shall bear all
associated costs, such as enquiries with credit card companies,
telegrams, etc.
8.3 The contractual partner shall be responsible to the host for all damage that he
or the guest or other persons that accept the host’s services with the knowledge or consent of the contractual partner cause.

§ 9 Rights of the host

9.1 Should the contractual partner refuse to pay the required fee, or should he be
in default, the host shall have a statutory right of retention as per § 970c of the Austrian civil code (ABGB), as well as a statutory lien as per § 1101 ABGB, for the items brought in by the contractual partner or guest.
The host shall also have this right of retention or lien in order to secure his claim arising from the lodging agreement, in particular for catering, other expenses incurred for the contractual partner and
compensation claims of any kind.
9.2 If service is requested in the contractual partner’s room or at unusual
times (after 8.00pm and before 6.00am), the host shall be entitled
to charge a special fee. However, this special fee must be listed
in the price rates. The host may refuse to provide such services
on operational grounds.
9.3 The host shall have the right to issue a bill or interim bill for his services at any time.

§ 10 Obligations of the host

10.1 The host undertakes to provide the agreed services in a scope corresponding to his
standard.
10.2 Special services of the host that are subject to listing but are not included in the accommodation fee are, for example:
a) special services of the accommodation that can be invoiced separately
, such as provision of lounges, saunas, indoor swimming pools,
outdoor swimming pools, solariums, garage parking, etc.;
b) a reduced price charged for provision of additional or children’s
beds.
§ 11 Liability of the host for items brought in
11.1 The host shall be liable as per §§ 970 et seqq. ABGB for items brought in by the contractual partner. The host shall only be liable if
the items are handed over to the host or persons authorised by the host,
or taken to a point designated by such persons
. Unless the host can provide other evidence, he shall be liable for his own
culpability or the culpability of his people, as well as
outgoing and incoming persons. The host shall be liable as per § 970 Para. 1
ABGB up to a maximum of the amount set in the applicable version of the federal law of 16 November 1921 on
liability of accommodation owners and other companies
. Should the contractual partner or guest fail to immediately meet the host’s request
to place his items in a certain storage location, the host shall be freed from any liability.
The amount of any liability of the host shall be limited to a maximum of the
covered sum of the host’s liability insurance. Culpability of the contractual partner or guest shall be taken into account.
11.2 Liability on the part of the host for slight negligence shall be excluded. If
the contractual partner is a company, liability for gross
negligence shall also be excluded. In this case, the burden of proof
regarding existence of culpability shall lie with the contractual partner. Subsequent and indirect damage, as well as
lost profit, shall not be reimbursed under any circumstances.
11.3 For valuables, money and securities, the host shall only be liable up to an amount of (currently) € 550.00. The host shall only be liable for damage going beyond this
in the event that he took on these items for safekeeping in knowledge of their value,
or in the case that he or one of his people is responsible for the
damage. The limitation of liability
as per 12.1 and 12.2 shall apply accordingly.
11.4 The host may refuse to store valuables, money and securities
if these are considerably more valuable than the
items that he normally stores for his guests.
11.5 In every case of safekeeping, liability shall be excluded
if the contractual partner and/or guest does not immediately report the damage incurred to the host
upon becoming aware thereof. In addition, claims must be asserted by the contractual partner or guest within
three years of becoming aware, or being able to become aware, of the damage;
otherwise the right shall expire.

§ 12 Limitations of liability

12.1 If the contractual partner is a consumer, the host’s liability for
slight negligence shall be excluded, with the exception of personal damage.
12.2 If the contractual partner is a company, the host’s liability for
slight and gross negligence shall be excluded. In this case, the burden of proof regarding existence of culpability shall lie with the contractual partner. Subsequent damage,
immaterial damage or indirect damage, as well as lost profit, shall not be
reimbursed. In all cases, the damage to be reimbursed shall be limited to the
amount of interest in the existence of the agreement.

§ 13 Animals

13.1 Animals can only be kept in the accommodation with the prior consent of the host, and always
against a special fee.
13.2 Any contractual partner with an animal is obligated to look after and supervise the animal properly
during his stay, or to have it looked after or supervised by
a suitable third party at his own
cost.
13.3 Any contractual partner or guest that takes an animal with him must have suitable
animal liability insurance or private liability insurance,
which also covers any damage caused by animals. Proof
of corresponding insurance must be provided at the request of the
host.
13.4 The contractual partner or his insurer shall be fully liable towards the host
for damage caused by animals brought in. The damage
shall particularly also include compensation that the host has to pay to
third parties.
13.5 There must be no animals in lounges, offices, restaurants or spa
areas.

§ 14 Extension of lodging

14.1 The contractual partner shall not have any entitlement to
extend the stay. Should the contractual partner announce his desire to extend the stay
in good time, the host may agree to the extension of the lodging agreement. This shall not entail any obligation for the host.
14.2 If the contractual partner is unable to leave the accommodation on the day of departure
because unforeseeable extraordinary circumstances (e.g. extreme
snowfall, flood, etc.) have rendered all possibilities of leaving impossible
, the lodging agreement shall be automatically extended for the duration
of it being impossible to leave. A reduction of the fee for this period
shall only be possible if the contractual partner cannot fully utilise the
services offered by the accommodation provider due to the extraordinary weather conditions. The host shall be entitled
to at least charge a fee corresponding to the price normally charged in
the low season.

§ 15 End of the lodging agreement – premature termination

15.1 If the lodging agreement is concluded for a set period of time, it shall end
at the end of the period.
15.2 Should the contractual partner leave early, the host shall be entitled to demand the full
agreed fee. The host shall deduct anything that he has saved as
a result of non-use of his services, or anything
that he has saved through other rental of the booked room(s). A
saving shall only exist if the accommodation is fully booked at the point of
non-use of the room(s) booked by the guest and the room(s) can be rented to other guests due to the contractual partner’s
cancellation. The burden of proof of saving shall lie with the
contractual partner.
15.3 The agreement with the host shall end upon the death of a guest.
15.4 If the lodging agreement has been concluded for an indeterminate period of time, the parties can terminate the agreement by 10.00am of the third day before the intended end of the agreement.
15.5 The host shall be entitled to terminate the lodging agreement with immediate effect
for just cause, in particular if the contractual partner or
guest
a) makes particularly detrimental use of the space or
offends the other guests, the owner, his people or third parties residing within the accommodation through inconsiderate, offensive or otherwise inappropriate behaviour
or commits a punishable offence against one of these parties in terms of property, moral conduct or physical
safety;
b) is struck by an infectious illness or illness that goes beyond the duration of accommodation, or otherwise requires care;
c) does not pay a due invoice within a reasonable
period (3 days).
15.6 If fulfilment of the agreement is rendered impossible by an event classified as force majeure
(e.g. acts of God, strike, lock-out, official interventions, etc.)
, the host can terminate the lodging agreement at any time without
complying with a period of notice, insofar as the agreement is not already classified as terminated in accordance with
the law, or the host is freed from his obligation to
accommodate. Any claims to compensation for damages, etc. on the part of the contractual partner
are excluded.

§ 16 Illness or death of the guest

16.1 Should a guest fall ill during his stay with the accommodation provider, the
host shall, at the guest’s request, seek medical care. If
danger is imminent, the host shall also seek medical care without the specific request
of the guest, particularly when this is necessary
and the guest is unable to do so himself.
16.2 Insofar as the guest is unable to make decisions or his family cannot be contacted, the host shall take care of the
costs for the guest’s medical care. However, the scope of this care shall end at the point at which the guest is able to make decisions
or his family has been informed of the
illness.
16.3 The host shall particularly have claims for compensation for damages against the contractual partner and the guest or, in the event of death, his legal successors, for the following costs:
a) unsettled doctor’s fees, costs of transport of sick persons, medicines and aids
b) any necessary room disinfection,
c) linen, bed clothes and bed furnishings that have become unusable, or
the disinfection or thorough cleaning of all of these items,
d) restoration of walls, fixtures, carpets, etc.,
insofar as these have been soiled or damaged as a result of the illness or
death,
e) room rental, insofar as the space was used by the
guest, plus any days for which the room was unusable due to
disinfection, clearing, etc.,
f) any other damages incurred by the host.

§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance shall be the location of the accommodation provider.
17.2 This agreement is subject to Austrian formal and substantive law, under exclusion
of the rules of international private law (particularly IPRG and EVÜ)
, as well as the UN Convention on Contracts for the International Sale of Goods.
17.3 If the contractual partner is a company, the exclusive place of jurisdiction shall be the headquarters of the
host, whereby the host shall also be entitled to assert his rights
with another local and responsible
court.
17.4 If the lodging agreement has been concluded with a contractual partner that is a consumer
and he has his domicile or normal place of residence in Austria,
lawsuits against the consumer can only be asserted at the domicile, normal place of residence
or place of employment of the
consumer.
17.5 If the lodging agreement has been concluded with a contractual partner that is a consumer
and he has his domicile in a member state of the European Union (excluding
Austria), Iceland, Norway or Switzerland, the local court responsible for the consumer’s domicile
shall be
exclusively responsible for lawsuits against the consumer.

§ 18 Miscellaneous

18.1 Unless otherwise agreed in the above provisions, a term shall begin
upon receipt of the letter prescribing the term by the contractual partner that must meet the term. The calculation of a term specified
in days shall not include the day on which the
occurrence on which the term should be based arises.
Terms specified in weeks or months shall be based on the relevant day
of the week or month
that corresponds to the day from which the term should be counted based on its name or number. Should this day fall in the month,
the last day of this month shall be decisive.
18.2 Declarations must have been received by the relevant other contractual partner on the last day of the
term (midnight).
18.3 The host shall be entitled to offset his claims against the claims of the contractual partner. The contractual partner shall not be entitled to offset his claims against claims of the host unless the host is insolvent or the contractual partner’s claim is legally established or recognised by the host.
18.4 In the event of regulatory loopholes, the corresponding statutory provisions shall apply.

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