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General Terms and Conditions

These General Terms & Conditions apply to accommodation services by Ötztal Tourismus acting as intermediaries or other travel or transfer services that can be booked with Ötztal Tourismus acting as intermediaries as well as the purchase of guest cards or goods provided by Ötztal Tourismus, which can be made via the Ötztal Tourismus websites (for example oetztal.com, soelden.com, gurgl.com, oetz.com, ...) as well as those that are carried out in other ways (in writing, by fax or by telephone).

01. Contact Details, General Provisions and Scope of Application

Ötztal Tourismus
General Manager: Mag. Oliver Schwarz
Gemeindestraße 4
6450 Sölden
Austria
E-mail: info@oetztal.com
Telephone: +43 (0) 57200 200
VAT-ID no.: ATU62206277
GISA n.o.: 33193717

Thank you for your interest in the services of Ötztal Tourismus!

Ötztal Tourismus and the businesses in the Ötztal Tourismus association area offer a wide range of leisure/holiday services for "guests" (tourists and locals alike).

As a tourism association within the meaning of the Tyrolean Tourism Act (Tiroler Tourismusgesetz) of 2006 and as a travel agency within the meaning of the Austrian Trade Code (Gewerbeordnung), Ötztal Tourismus on the one hand procures accommodation and other travel services of legal entities in the association area to "guests" (locals and travellers alike). Under certain circumstances, linked travel arrangements are also procured On the other hand, Ötztal Tourismus also organises and sells various travel services as well as guest cards in its own name, which entitle their (legal) holders to use various services at "service partners" (cable cars, museum, etc.) at reduced rates or free of charge; these travel services or guest cards are sold on site or via the online booking system for "experiences" and "guest cards" of Ötztal Tourismus.

Please note that the booking or, respectively, procurement of services by/with Ötztal Tourismus is only made on the basis of these General Terms and Conditions ("GTC"). The GTC apply in the re-spective version at the time of the legal contact. Foreign General Terms and Conditions are not accepted.

In order to keep the respectively applicable provisions - in view of our wide range of services - as comprehensible as possible, the rights and obligations relating to the following services are pre-sented separately in addition to the general provisions in this Section I:

  • Procurement of accommodation Services - Section II
  • Procurement or booking of transport services or, respectively, other travel services (“experiences”) - Section III
  • Procurement of guest cards or goods-Section IV

In addition to these GTC, the GTCH (General Terms and Conditions for the Hotel Industry; AGBH; Allgemeine Geschäftsbedingungen für die Hotellerie) of 2006 and/or the GTC of the legal entities with which a contract is procured ("service partner(s)") and/or the terms and conditions of use for certain services also apply in some cases. See in each case Section II and Section III.

 

02. Guests

The goods and services of Ötztal Tourismus are exclusively aimed at persons of legal age and full legal capacity (tourists, business travellers and locals alike, hereinafter collectively referred to as "Guest" or "Guests").

 

03. Consumer Right of Revocation

In the case of travel services procured by Ötztal Tourismus (Section II and Section III) as well as in the case of booking of travel services offered by Ötztal Tourismus itself (Section III, point 2.2), there is no right of revocation according to the Austrian Law on Distance Selling and Distance Contracts (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG) (sec. 18 par. 1 cl. 10 of the Austrian Law on Distance Selling and Distance Contracts (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG). The "rev-ocation" is sometimes also referred to as "withdrawal", which shall both have the same meaning. For the right of revocation for consumers when purchasing guest cards or goods via the online booking system, see Section IV, point 3.

 

04. Liability and Exclusion of Liability

As a rule, Ötztal Tourismus acts only as an intermediary for travel services. Only in the scope of application of Section IV as well as Section III, point 2.2 travel services are provided in the name of and for the account of Ötztal Tourismus. When arranging travel services, Ötztal Tourismus is not responsible for the proper provision of the procured services. In this case (only) each service provider is liable for the contractual provision of its service. Ötztal Tourismus is only liable in such a case for the proper processing of the reservation. Any liability going beyond that is excluded.

Ötztal Tourismus shall not assume any liability (even if in individual cases services are offered directly by Ötztal Tourismus – see Section III, point 2.2) for damage or consequential damage (in-cluding loss of profit) caused by slight negligence on the part of Ötztal Tourismus or on the part of assistants that can be attributed to Ötztal Tourismus. This exclusion of liability does not apply to personal injury, damage to items surrendered for processing or to claims for compensation under the Austrian Product Liability Act (Produkthaftungsgesetz).

 

05. Data Protection

In connection with the procurement of accommodation and travel services, the use of the online booking system, any correspondence as well as orders placed via the online booking system, various processing operations are carried out regarding your personal data. For details, please refer to the Data Protection Declaration (https://www.oetztal.com/privacy-policy) of Ötztal Tourismus.

 

06. Language of Communication and Contractual Language, Applicable Law, Arbitration

Communication and conclusion of the contract (contractual language) shall take place in German or English, depending on the choice made by the guest before sending the order.

This contractual relationship and all disputes arising therefrom shall be governed by Austrian sub-stantive law, with the exception of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect the protection offered by the mandatory legal provisions of the state in which the guest has his habitual residence.

If no agreement can be reached with a consumer (guest) in a dispute, we announce the arbitration for consumer transactions (http://verbraucherschlichtung.or.at/) as the competent state-recognised arbitration body within the meaning of the AStG (Alternative Dispute Resolution Act). The Europe-an Commission furthermore provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr. In general, Ötztal Tourismus does, however, not par-ticipate in extrajudicial dispute resolution procedures.

Should individual provisions of the concluded contract (including these GTC) be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected thereof.

01. Scope of Application of this Section

This section applies - in addition to section I - to the procurement of accommodation services by Ötztal Tourismus, i.e. to those which are carried out via the online booking system as well as to those which are carried out in any other way (in writing, verbally or by telephone). In the event of booking transport services or, respectively, other travel services ("experiences") through Ötztal Tourismus, section III shall apply.

 

02. Contractual Relationship between Ötztal Tourismus and the guest (Ötztal Tourismus as Intermediary)

Ötztal Tourismus offers the guest the possibility to book accommodation services (incl. ancillary services) of third parties ("accommodation providers"), acting as intermediary through such platforms and employees of Ötztal Tourismus. This way, the guest can conclude a contract with various accommodation providers for the accommodation of persons (accommodation service).

In this context, Ötztal Tourismus does not offer any travel services on its own responsibility. Through the booking, only an agency contract is concluded between the guest and Ötztal Tour-ismus, to which the provisions of the Austrian Package Travel Act (Pauschalreisegesetz; PRG) do not apply, unless a linked travel arrangement is involved (for the partial applicability of the PRG in this case, see point 4 in this section). The General Terms and Conditions of Travel (Allgemeine Reisebedingungen, ARB of 1992) shall also not apply to the agency contract.

 

03. Contractual relationship between the Accommodation Provider and the Guest

03.1. Conclusion of the Travel Contract – General Provisions
Ötztal Tourismus shall describe the essential features of the accommodation services offered (including ancillary services) and the availability on a daily basis. However, this service presentation does not constitute an offer by the accommodation provider or, respectively, Ötztal Tourismus to conclude a contract, but is rather to be understood as an invitation to the guests to submit a corresponding offer to enter into a contract (Vertragsanbot). With the booking, the guest submits an offer to the accommodation provider to conclude a contract. The guest is bound to this binding offer for 3 working days. The contract shall be concluded by (written) confirmation (e.g. by e-mail) by Ötztal Tourismus on behalf of the accommodation provider.

When procuring accommodation services, Ötztal Tourismus shall act as a communicating messenger (Erklärungsbote) on behalf of the guest and declarations of intent shall be passed on to the re-spective accommodation provider.

Bookings can also be made for several guests (for co-travellers) in one transaction. In this case, the person making the booking ("guest") shall be responsible for ensuring that he/she is authorised to act on behalf of the co-travellers as well. The person placing the order must make the travel documents received available to his/her co-travellers at his/her own risk (e.g. by forwarding the e-mails).

Pets may only be brought into the accommodation if this is permitted by the respective accommodation provider; this should definitely be clarified directly in advance. Optional costs (not included in the stated price) may be incurred in this case.

 

03.2. Booking steps when using the Ötztal Tourismus Online Booking Centre
In the Online Booking Centre of Ötztal Tourismus for "accommodation" (available at www.oetztal.com/booking), the accommodation providers, the main features of the accommodation services offered (including ancillary services) and the availability are described on a daily basis based on the information provided by the guest (e.g. travel period). However, this service presenta-tion does not constitute an offer by the accommodation provider or, respectively, of Ötztal Tourismus to conclude a contract, but is rather to be understood as an invitation to the guests to submit a corresponding offer to enter into a contract (Vertragsanbot).

The guest can individualise the services presented in the Online Booking Centre and select them by clicking the "Select" button and add them to the shopping basket by clicking the "Book now" button. Subsequently, the selected services and data can be supplemented and continuously checked and edited.

In order to proceed with the booking process, the guest is obliged to fill in all mandatory fields completely and truthfully. Any input errors shall be at the guest’s expense. Ötztal Tourismus will only check whether all mandatory fields have been filled in, there will be no check of the content with regard to input errors. After entering the payment details, the guest must also confirm that he/she has read and accepted these General Terms and Conditions, the data protection declaration, the standard information sheet as well as the General Terms and Conditions for the Hotel Industry (GTCH) of 2006.

The order is completed by clicking the button "book with obligation to pay". By doing so, the guest makes a binding contractual declaration. By submitting the booking in the Online Booking Centre, the guest accepts the applicability of these GTC and submits a binding contractual offer with regard to the service(s) in the shopping basket. The guest is bound by this binding offer to enter into a contract for 3 working days.

The acceptance of the contract offer by the accommodation provider (or by Ötztal Tourismus on behalf of the accommodation provider) is usually effected by an express declaration of acceptance or by the transmission of the travel documents, of which the guest will also be informed.

The text of the contract will not be stored by Ötztal Tourismus or the accommodation provider. Together with the declaration of acceptance, you will again receive the respective applicable GTC, whereby the essential parts of the contract are made available to the guests. Ötztal Tourismus recommends saving and printing the completed order as well as the applicable terms and conditions of contract in this way.

 

03.3. Applicability of these GTC and the General Terms and Conditions of the Hotel Industry of 2006 (GTCH 2006)
Unless otherwise agreed in the individual agreement or in these GTC (e.g. different cancellation or payment conditions), the General Terms and Conditions for the Hotel Industry of 2006 (GTCH of 2006) shall apply to the travel contract concluded between the guest and the accommodation pro-vider. These are linked separately in the booking process and are permanently available at https://www.oetztal.com/winter/book-accommodation/search-and-book-accommodation/general-terms-and-conditions.html.

Thus, the contractual relationship between the guest and the accommodation provider is determined by the individual agreement, these GTC and the GTCH of 2006. In the event of deviations in content, the individual agreement shall take precedence over the other contractual components and these GTC shall take precedence over the GTCH of 2006.

 

04. Procurement of Linked Travel Arrangements / No Package Travels

Ötztal Tourismus does not organise or procure package travels in the sense of the Austrian Package Travel Act (PRG). The guest can only book individual travel services on the basis of an independently procured contract. However, due to the flexible booking option for the guest, he/she can book linked travel arrangements in the sense of sec. 2 par. 5 of the Austrian Package Travel Act (PRG) via  Ötztal Tourismus acting as intermediary (e.g. by separately selecting and paying for dif-ferent travel services in the course of a single contact with Ötztal Tourismus).

When booking linked travel arrangements, the guest cannot claim any rights that apply exclusively to package travels. In this case, each service provider is only liable for the contractual performance of its service. Ötztal Tourismus is not responsible for the proper provision of the procured services. In case of problems, please contact the respective service provider.

In addition to this information, the guest will be provided with a standard information sheet in accordance with Annex II of the Austrian Package Travel Act (PRG) at the time of the first booking.

 

05. Prices

The prices quoted for the accommodation services are all in euros, including the statutory Austrian value added tax (VAT), but excluding other taxes and expenses. Before the order is completed, the guest will receive an overview of the total price including all ancillary services, but excluding local taxes.

Optional costs for additional services (e.g. for wellness treatments, pets [to the extent allowed]) are not included in the total price. The respective additional services and their costs are either de-scribed in the service description or must be clarified with the accommodation provider.

Any bank charges as well as customs duties shall be borne by the guest.

 

06. Payment

As soon as the contract between the guest and the accommodation provider has been concluded through confirmation by Ötztal Tourismus, the following payment conditions apply, unless otherwise stated in the individual agreement:

A down payment of 30% of the total amount of the respective booking (excluding local tax) is due for payment within 3 days of the booking being made. The paying agent for this down payment is the respective accommodation provider (= contractual partner of the guest). The remaining travel price plus local tax is to be paid by the guest directly to the accommodation provider.

In principle, various payment options are available: Payment by credit card, immediate payment, payment by invoice, payment on site, etc. The respectively applicable payment options are determined individually by the accommodation provider and displayed in the booking process ("Payment information"). The availability of the individual payment option cannot be guaranteed.

For bookings at short notice up to 4 days prior to arrival:

  • if only bank transfer is accepted, the booking is completed without a down payment;
  • if credit card is accepted, the booking shall be concluded with credit card debit by the ac-commodation provider;
  • if electronic payment is accepted, payment is made immediately by the guest upon completion of the booking.

Apart from this, the payment conditions can also be set individually. Detailed information on the applicable regulations can be found in the offer and in the booking confirmation.

 

07. Notifications by the Guest

Notifications by the guest regarding changes and cancellations can only be made to the accommodation provider stated in the booking confirmation. Ötztal Tourismus does not assume any liability for the forwarding of notices, declarations of intent etc. between the guest and the accommodation provider after the conclusion of the contract between the guest and the accommodation provider.

 

08. Accommodation Categories and Accommodation Information

08.1. Accommodation Classification
The hotel classification (number of stars) or, respectively, the classification of private room rentals (number of "Edelweiss") is based on an inspection of the accommodation by the Professional Association of the Hotel Industry of the Austrian Federal Economic Chamber (inspection of stars) or the Private Room Association (inspection of Edelweiss).

08.2. Additional Accommodation Information
The additional accommodation information is based on the accommodation provider's own information. Ötztal Tourismus does not assume any liability for this information.

 

09. Rights of Revocation, Contract Dissolution, Cancellation Conditions

For accommodation services procured by Ötztal Tourismus, there is no right of revocation (right of withdrawal) according to the Austrian Law on Distance Selling and Distance Contracts (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG) (sec. 18 par. 1 cl.10 of the FAGG).

Unless otherwise agreed, the accommodation provider has the right to cancel the procured travel contract by means of a unilateral declaration no later than 61 days prior to arrival for objectively justified reasons (cf. point 6.2 of the GTCH of 2006). In addition, the accommodation provider may dissolve the procured travel contract by unilateral declaration within 3 working days of the conclu-sion of the contract if a further adherence to the contract is not permissible for the accommodation provider due to an obvious price maintenance error.

In the absence of any agreement to the contrary, the following is agreed in deviation from points 5.5 and 5.6 of the GTCH of 2006 in the event of withdrawal by the guest:

Up to 61 days before the agreed date of arrival of the guest at the latest, the travel contract can be cancelled by the guest by means of a unilateral declaration without having to pay a cancellation fee.

If a booking of an accommodation service is made via the Online Booking Centre for accommodation of Ötztal Tourismus, the booking can be cancelled by the guest free of charge within 48 hours of receipt of the booking by Ötztal Tourismus, if the cancellation declaration is received by the accommodation provider more than 30 days before the start of the travel.

In all other cases, a cancellation by unilateral declaration of the guest is only possible with payment of the following cancellation fees:

  • up to the 61st day prior to the day of arrival: no cancellation fees
  • from the 30th day up to the 60th day prior to the day of arrival: 50 % of the total arrange-ment price;
  • from the 7th day up to the 29th day prior to the arrival date: 70 % of the total arrangement price;
  • up to the 6th day prior to the day of arrival: 90 % of the total arrangement price.

If the guest cancels the booking (within 60 days prior to arrival), in the case of travel contracts procured by Ötztal Tourismus, the accommodation provider is entitled to retain the down payment for the accommodation and the guest is obliged to pay the remaining cancellation fee according to the above list.

Apart from this, individual cancellation conditions may also be stipulated. Detailed information on the applicable regulations can be found in the offer and in the booking confirmation.

 

10. Travel Insurance

Ötztal Tourismus does not offer travel insurance itself. Ötztal Tourismus recommends taking out travel insurance.

It is possible to take out travel insurance with an external insurance company in the course of booking via the Ötztal Tourismus Online Booking Centre for "accommodation". For this purpose, the guest's data will be forwarded to the respective insurance company and the booking documents will then be sent directly to the guest by the insurance company.

01. Scope of Application of this Section

This section applies - in addition to Section I - to the procurement of transport services or, respectively, other travel services ("Experiences") by Ötztal Tourismus as well as to the booking of transport services or, respectively, other travel services ("Experiences") with Ötztal Tourismus. This section applies both to procurements/bookings made via the online booking system for "experiences" and to those made in any other way (in writing, verbally or by telephone). In the case of booking of accommodation services through the intermediation of Ötztal Tourismus, section II shall apply. In the event of the purchase of guest cards or goods from Ötztal Tourismus, section IV shall apply.

 

02. Contractual Relationship between Ötztal Tourismus and the Guest

02.1. Ötztal Tourismus as Intermediary
Ötztal Tourismus offers the guest the opportunity to book transport services or, respectively, other travel services ("experiences") of third parties ("service partners") through procurement via the platforms and employees of Ötztal Tourismus. In this way, the guest can conclude a contract with various service partners for the transport of a person (transport service) or a contract for other tourist services (other leisure services or "experiences").

In this context, Ötztal Tourismus does not offer any travel services on its own responsibility. Through the booking, only an agency contract is concluded between the guest and Ötztal Tourismus, to which the provisions of the Package Travel Act (PRG) do not apply, unless a linked travel arrangement is involved (for the partial applicability of the Package Travel Act in this case, see point 4 in this section). The General Terms and Conditions of Travel (Allgemeine Reisebedingungen; ARB) of 1992 shall also not apply to the agency agreement.

 

02.2. Ötztal Tourismus as Organiser
Only in individual cases services offered by Ötztal Tourismus itself (not by external "service partners") are bookable via the online booking system for "Experiences". In these cases, no procurement takes place, but the contract for the travel service is concluded directly between the guest and Ötztal Tourismus. In this case, it shall be clearly shown to the guest that the services are organised by Ötztal Tourismus.

In these cases, the provisions of this section also apply accordingly, whereby Ötztal Tourismus assumes the role of the "service partner". For the limited liability of Ötztal Tourismus, see section I, point 4 above.

 

03. Contractual Relationship between the Service Partner and the Guest

03.1. Conclusion of the Travel Contract – General Provisions
Ötztal Tourismus describes the service partner, the essential features of the travel service offered (including ancillary services) and the availability on a daily basis. However, this service presentation does not represent an offer of the service partner or, respectively, by Ötztal Tourismus to conclude a contract, but is rather to be understood as an invitation to the guests to submit a corresponding offer to enter into a contract (Vertragsanbot). With the booking, the guest submits an offer to the service partner to conclude a contract. The guest is bound to this binding offer for 3 working days. The contract is concluded by (written) confirmation (e.g. by e-mail) by Ötztal Tourismus on behalf of the service partner.

When procuring travel services, Ötztal Tourismus shall act as a communicating messenger on behalf of the guest and declarations of intent shall be passed on to the relevant service partner.

Bookings can also be made for several guests (for co-travellers) in one transaction. In this case, the person making the booking ("guest") must guarantee that he/she is authorised to also act on behalf of the co-travellers. The person placing the order must make the travel documents received available to his/her co-travellers at his/her own risk (e.g. by forwarding the e-mails).

 

03.2. Booking steps when using the Online Booking Centre for „Experiences“ of Ötztal Tourismus
In the Online Booking Centre of Ötztal Tourismus for "Experiences" (available at www.oetztal.com/experiences), the essential features of the travel services offered (including ancillary services) and the availability are described on a daily basis. However, this service presentation does not constitute an offer by the service partner or, respectively, Ötztal Tourismus to conclude a contract, but is rather to be understood as an invitation to the guests to submit a corresponding offer to enter into a contract (Vertragsanbot).

The guest can individualise the services presented in the Online Booking Centre and select them by clicking the "Add to shopping basket" button. Subsequently, the selected services and data can be supplemented and continuously checked and edited.

In the booking step "Your data" the guest can enter his/her data (sub-step "Your data"). In order to proceed with the order process, the guest is obliged to fill in all mandatory fields completely and truthfully. Any input errors made by the guest are the responsibility of the guest. Ötztal Tourismus will only check whether all mandatory fields have been filled in, there will be no check of the content with regard to input errors. In addition, the guest can choose on a case-by-case basis whether the service is to be issued as a ticket (booking confirmation with QR code) or loaded onto a guest card that is active at the time the service is provided (indication of the card number is mandatory; in some cases further information is required and an automatic check of availability and authorisation is carried out).

Subsequently, the desired payment and dispatch method can be selected (sub-step "Your payment"). Finally, in the booking step "Your data", the guest must also confirm that he/she has read and accepted these GTC, the data protection declaration, the standard information sheet and any GTC of the service partner offering the booked services concerning the booked services.

The order is completed by clicking the button "Book with obligation to pay". The guest thereby makes a binding contractual declaration. By sending the booking in the Online Booking Centre, the guest accepts the applicability of these GTC and submits a binding contractual offer to enter into a contract with regard to the service(s) in the shopping basket. The guest is bound to this binding offer for 3 working days.

After completion of the payment process, the order will be confirmed by Ötztal Tourismus in the next booking step "Confirmation" by sending a confirmation e-mail (partly including a digital ticket, see below) to the e-mail address provided. This order confirmation serves to inform the guest that the order has been received by the service partner offering the service and contains all important information about the already booked service as well as, in some cases, the ticket for the use of the booked service.

The text of the contract will not be saved by Ötztal Tourismus or the service partner. Together with the declaration of acceptance, you will again receive the respectively applicable GTC, with which the essential parts of the contract are made available to the guests. Ötztal Tourismus recommends saving and printing the completed order as well as the applicable terms and conditions of contract in this way.

 

03.3. Booking steps when booking via the „Digital Travel Guide“
The booking of transport services or, respectively, of other travel services can also be made via the "Digital Travel Guide" (registration is mandatory). The booking procedure here is the same as when booking via the online booking centre for "Experiences" of Ötztal Tourismus. In addition to the booking confirmation, the guest will then receive a digital ticket, which will be displayed in the Digital Travel Guide.

 

03.4. Applicability of the service partner’s GTC and these GTC
Unless otherwise agreed in the individual agreement (e.g. different cancellation or payment conditions), any GTC of the service partner shall apply to the contract concluded between the guest and the service partner. These are linked separately in the booking process.

The contractual relationship between the guest and the service partner is thus determined by the individual agreement, the GTC of the service partner and these GTC. In the event of deviations in content, the individual agreement shall take precedence over the other contractual components and the service partner's GTC shall enjoy priority over these GTC.

 

04. Procurement of Linked Travel Arrangements/ No Package Travels

Ötztal Tourismus does not organise or procure package travels in the sense of the Austrian Package Travel Act (Pauschalreisegesetz, PRG). The guest can only ever book individual travel services on the basis of an independently procured contract. However, due to the flexible booking option for the guest, he/she can book linked travel arrangements in the sense of sec. 2 par. 5 of the Austrian Package Travel Act (Pauschalreisegesetz; PRG) through Ötztal Tourismus (e.g. by separately selecting and paying for different travel services in the course of a single contact with Ötztal Tourismus).

When booking linked travel arrangements, the guest cannot claim any rights that apply exclusively to package travels. In this case, each service provider is only liable for the contractual provision of its service. Ötztal Tourismus is not responsible for the proper provision of the procured services. In case of problems, please contact the respective service provider.

In addition to this information, the guest will be provided with a standard information sheet in accordance with Annex II of the Austrian Package Travel Act (Pauschalreisegesetz; PRG) at the time of the first booking.

 

05. Prices

The prices stated for the travel services are all in euros, including the statutory Austrian value added tax (VAT), but excluding any taxes and expenses. Before the order is completed, the guest will receive an overview of the total price including all ancillary services (but excluding any taxes and expenses).

Optional costs for additional services (e.g. for the rental of equipment) are not included in the total price. The respective additional services and their costs are either described in the service description or have to be clarified with the provider. Likewise, certain fixed additional costs incurred in connection with the provision of services (e.g. necessary taxi ride for a guided hike) are not included in the total price. These fixed additional costs are in any case listed in the service description (at least in principle).

Any bank charges as well as customs duties shall be borne by the guest.

 

06. Payment

The payment conditions (down payments, due dates, etc.) are determined individually by the service partner. Detailed information on the applicable regulations can be found in the offer and in the booking confirmation. The paying agent is the respective service partner (= contractual partner of the guest).

In principle, various payment options are available: Payment by credit card, immediate payment, payment by invoice, payment on site, etc. The respectively applicable payment options are determined individually by the contractual partner and displayed in the booking process ("payment information"). The availability of the individual payment option cannot be guaranteed. In the case of payment by credit card, the payment can be reversed by the guest in the event of misuse.

 

07. Supply/Provision of Travel Documents

Unless otherwise stated/agreed in relation to the booked travel services, any travel documents or also goods shall be supplied without unnecessary delay, but no later than 30 days after conclusion of the contract. All goods will only be dispatched after receipt of the full invoice amount.

For the services booked via the Online Booking System for "Experiences", the guest shall receive either a booking confirmation (usually with QR code), a digital ticket or the booked services can be charged to the guest's guest card.

The booking confirmation with QR code, the digital ticket / the guest card must be carried by the guest when using the services and presented to the service partner; the QR code on the booking confirmation or, respectively, the digital ticket or the QR code/barcode on the guest card will be scanned and thus validated by the service partner.

In the event of misuse (e.g. passing on to other persons, providing false data), the booking confirmation with QR code, the digital ticket or the guest card will be confiscated and blocked by the service partner or by Ötztal Tourismus. A report will be filed to the police and no further services/benefits can then be claimed without reimbursement.

 

08. Notifications by the Guest

Notifications by the guest regarding changes and cancellations can only be made vis à-vis the service partner indicated in the booking confirmation. Ötztal Tourismus assumes no liability for the forwarding of notifications, declarations of intent etc. between the guest and the service partner after the conclusion of the contract between the guest and the service partner.

 

09. Qualification and Authority of the Service Partner

The service partners and their respective vicarious agents shall guarantee to Ötztal Tourismus the existence of an appropriate qualification and authorisation to perform the respective activity (authorisation under public law, authorisation under association law, officially recognised qualification/training). However, due to the lack of complete controllability, Ötztal Tourismus cannot guarantee the guest the corresponding qualification and authority of the service partner. However, the guest is free to request proof of the relevant qualification and authority from the respective service partner or his/her vicarious agents.

 

10. Information provided by the Service Partner

The information on the contents of the offered travel service and on the service partners is based on the service partner's own information. Ötztal Tourismus does not assume any liability for this information.

 

11. Rights of Revocation, Dissolution of Contract, Cancellation Conditions

There is no right of revocation (right of withdrawal) for the travel services procured by Ötztal Tourismus according to the Austrian Law on Distance Selling and Distance Contracts (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG)  (sec. 18 par. 1 cl.10 of the Austrian Law on Distance Selling and  Distance Contracts (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG)).

The individual cancellation conditions applicable to the booked travel services can be found in the offer and in the booking confirmation. According to these cancellation conditions, the service partner or also the guest is partially entitled to dissolve the contract - if necessary against payment of a cancellation fee.

According to these cancellation conditions, the service partner may also reserve the right to with-draw from the contract with regard to the services offered if there are objectively justified reasons. This applies, for example, to a failure to provide services due to force majeure (including bad weather) or failure to reach a numerically determined minimum number of participants. In this case, the service partner's declaration of withdrawal must be submitted directly to the guest in a timely manner.

The respective service partner may also dissolve the procured contract within 3 working days from conclusion by means of a unilateral declaration if further adherence to the contract is not permissible for him/her due to an obvious price management error.

If the guest is prevented from using the services, there is generally no entitlement to a refund.

 

12. Rescue Cost Insurance

Ötztal Tourismus itself does not offer any rescue cost insurance. Ötztal Tourismus recommends the conclusion of a rescue cost insurance policy and also offers to procure such a policy. For this purpose, the guest's data will be forwarded to the respective insurance company.

01. Scope of Application of this Section

This section applies – in addition to section I - to the purchase of guest cards or goods from Ötztal Tourismus. This section applies both to the purchase of guest cards or goods made via the online booking system for "Experiences" and to those made in any other way (in writing, verbally or by telephone). In the case of booking of accommodation services through the intermediary of Ötztal Tourismus, section II. In case of booking accommodation services through intermediation of Ötztal Tourismus, section II shall apply. In the event that transport services or, respectively, other travel services ("experiences") are procured or booked with/via Ötztal Tourismus, section III shall apply.

 

02. Contractual Relationship between Ötztal Tourismus and the Guest

02.1. Conclusion of the Contract – General provisions
Ötztal Tourismus describes the essential features of the goods and services offered (including ancillary services) and the availability on a daily basis. However, this presentation of goods and services does not constitute an offer by Ötztal Tourismus to conclude a contract, but is rather to be understood as an invitation to the guests to submit a corresponding offer to enter into a contract (Vertragsanbot). By placing an order, the guest submits an offer to Ötztal Tourismus to conclude a contract. The guest is bound to this binding offer for 3 working days. The contract shall be concluded by (written) confirmation (e.g. by e-mail) by Ötztal Tourismus. Ötztal Tourismus may dis-solve the contract within 3 working days from conclusion by means of a unilateral declaration if further adherence to the contract is not permissible due to an obvious price management error.

Bookings can also be made for several guests (for co-travellers) in one transaction. In this case, the person making the booking ("guest") shall be responsible for ensuring that he/she is authorised to act on behalf of the co-travellers. The booking party ("guest") must make the travel documents received available to his/her co-travellers at his own risk (e.g. by forwarding the e-mails).

 

02.2. Booking steps when using the Online Booking Centre for „Experiences“ of Ötztal Tourismus
In the Online Booking Centre of Ötztal Tourismus for "Experiences" (available at www.oetztal.com/experiences), the guest can also purchase goods and guest cards.

To book the guest cards described in the Online Booking Centre, the guest can specify the card type, set a start date and select the guest card by clicking the "Add to shopping basket" button. Similarly, the goods described in the Online Booking Centre can be selected by clicking the "Add to shopping basket" button. Subsequently, the selected services and data can be supplemented and continuously checked and edited.

In the booking step "Your data" the guest can enter his or her data (sub-step "Your data"). In order to proceed with the order process, the guest is obliged to fill in all mandatory fields completely and truthfully. When purchasing guest cards, personalisation (for the person making the booking and any co-travellers) is also required. Any input errors by the guest shall be at the guest's expense. Ötztal Tourismus will only check whether all mandatory fields have been filled in, there will be no check of the content with regard to input errors.

Subsequently, the desired payment and (if available) dispatch method can be selected (sub-step "Your payment"). Finally, in the booking step "Your data", the guest must also confirm that he/she has read and accepted these GTC, the data protection declaration, the standard information sheet as well as, if applicable, the terms and conditions of use of the guest cards.

The order is completed by clicking the button "Book with obligation to pay". The guest thereby makes a binding contractual declaration. By submitting the booking via the Online Booking Centre, the guest accepts the applicability of these GTC and submits a binding contractual offer with regard to the service(s) in the shopping basket. The guest is bound to this binding offer for 3 working days.

After completion of the payment process, Ötztal Tourismus will confirm the order in the next booking step "Confirmation" by sending a confirmation e-mail to the e-mail address provided. This order confirmation serves to inform the guest that the order has been received by Ötztal Tourismus and contains all important information about the booked service as well as a link to the Digital Travel Guide. In order to be able to use the guest cards purchased online, the guest must log in to the Digital Travel Guide; the guest card can be displayed there under the "Guest cards" tab. If a guest does not wish to use the Digital Travel Guide, it is recommended that the guest card is purchased at the Ötztal Tourismus information offices.

The text of the contract will not be saved by Ötztal Tourismus or the service partner. Together with the declaration of acceptance, you will again receive the respective applicable GTC, with which the essential parts of the contract are made available to the guests. Ötztal Tourismus recommends saving and printing the completed order as well as the applicable contract conditions in this way.

 

03. Right of Revocation (Instructions on the Right of Revocation, Conditions of Revocation, Consequences of Revocation, Sample Revocation Instruction, Exclusion of the Right of Revocation, Request for early performance)

03.1. Right of Revocation
You have - exclusively within the scope of this section of the GTC - the right to revoke this contract within fourteen days without stating any reasons. The revocation period shall be fourteen days from the day on which you or a third party designated by you other than the carrier have or, respectively, has taken possession of the goods. In the case of a contract concluded for several goods that you have ordered in the course of a single order and that are delivered separately, the revocation period shall be fourteen days from the day on which you or a third party designated by you other than the carrier have or, respectively, has taken possession of the last of the goods. In the case of a service contract or a contract for the supply of digital contents not supplied on a physical data carrier, the revocation period shall be fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you have to inform us (Ötztal Tourismus, Gemeindestraße 4, 6450 Sölden, Österreich, card@oetztal.com; +43 (0) 57200 205) by means of a clear declaration (e.g. a letter mailed, a telefax or an e-mail) about your decision to revoke this contract. For doing so, you can use the enclosed model revocation form which, however, is not obligatory. To comply with the revocation period it suffices that you send the notification on the exercise of the right of revocation before the revocation period expires.

 

03.2. Consequences of Revocation
If you revoke this contract, we shall reimburse you all payments that we have received from you, including the delivery fees (except for the additional costs that result from you having selected any method of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we have received the notification on your revocation of this contract. The reimbursement will be made by means of a bank transfer to an account to be indicated by you (you must indicate the correct IBAN and BIC in the notice of with-drawal); under no circumstances you will be charged for this reimbursement.

We may refuse the reimbursement until we have got the goods back again or until you have provided evidence that you have returned the goods, whichever is the earlier.

You shall return or surrender the goods to us immediately and, in any case, within fourteen days at the latest from the day on which you inform us on the revocation of this contract. The period shall be deemed as complied with if you dispatch the goods prior to the expiry of the period of fourteen days.
You shall bear the direct costs for returning the goods.

You have the right to examine the goods ordered as regards their condition, quality or functioning to the extent that is usual when making a purchase in a retail shop. However, this right to examine shall not include the use of the goods. You have to compensate for any loss in value of the goods only if this loss in value can be attributed to any handling of the goods that is not necessary for ex-amining their condition, quality and functioning.

 

03.3. Model Revocation Form
If you want to revoke the contract, please complete THIS form and send it back.

 

03.4. Exclusion of the Right of Revocation

The Guest is not entitled to a right of revocation,

  • if the guest is an entrepreneur and the contract is part of the operation of his/her business,
  • in the case of contracts for services in the areas of accommodation other than for residential purposes, transport of goods, rental of motor vehicles as well as the supply of food and beverages and services provided in connection with leisure activities, provided that a specific time or period is contractually provided for the fulfilment of the contract by the entrepreneur (sec 18 para. 1 cl. 10 of the Austrian Law on Distance Selling and Distance Contracts (Fernabsatz- und Auswärtsgeschäftegesetz; FAGG),
  • in case of contracts for services, if the entrepreneur - on the basis of an express request by the consumer pursuant to sec. 10 of the FAGG as well as based on a confirmation by the consumer that the consumer is aware of the loss of the right of withdrawal in the case of complete fulfilment of the contract – has started to perform the service already before the expiry of the withdrawal period pursuant to sec. 11 of the FAGG and the service was then fully performed (see point 3.5 of this section).

 

03.5. Request for early fulfilment (start of fulfilment of the contact before expiry of the withdrawal period)
In the booking system of Ötztal Tourismus, various services can also be purchased. This applies in particular to the purchase of guest cards, whereby a certain period of validity must also be specified. The purchase of a guest card via the booking system is only possible if the validity period begins at the earliest 18 days after conclusion of the contract or if the guest (in the case of short-term bookings) makes an express request to Ötztal Tourismus so that Ötztal Tourismus can begin fulfilling the contract already before the expiry of the withdrawal period.

If the guest makes such a request to Ötztal Tourismus, the consequence of this is that the guest's right of withdrawal expires if Ötztal Tourismus, in accordance with sec. 11 of the FAGG, has begun to perform the service already before the expiry of the withdrawal period and has then completely provided the service. In the event that the guest withdraws from the contract before Ötztal Tourismus has fully provided its service, the guest must pay an appropriate amount corresponding to the proportion of the services already provided up to the time at which Ötztal Tourismus was informed of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided in the contract (sec. 16 para. 1 of the FAGG). By transmitting the link to the digital guest card to the guest, Ötztal Tourismus has completely fulfilled its contractual obligations in accordance with the conditions of use of the guest cards.

 

04. Collection/Delivery

Unless otherwise indicated/agreed with regard to the goods ordered, the goods are available for collection or delivered without unnecessary delay, however, no later than 30 days after the conclusion of contract. The ordered goods will only be dispatched in exceptional cases if this is stated separately. Otherwise, the goods are to be collected at Ötztal Tourismus.

All goods will only be made available for collection or dispatched after receipt of the full invoice amount.

The digital guest card is provided by e-mail link in the Digital Travel Guide. This link is only sent to the booking guest; he/she can forward any further guest cards to his/her co-travellers while still containing an identity link. If a guest does not wish to use the Digital Travel Guide, it is recommended to purchase the guest card at the information offices of Ötztal Tourismus.

 

05. Prices, Payment, Reservation of Title

All of the prices indicated on the product pages are in euros; they include the statutory Austrian value-added tax (VAT), however, they exclude delivery costs as well as other taxes and fees. Before completing the order, the guest is given an overview of the total price including all ancillary services. The delivery costs, any bank fees as well as customs duties shall be borne by the guest.

The delivery costs respectively to be paid by the guest result from the delivery costs list that is accessible online, and are displayed before completion of the order process. From a minimum order value of € 100.00 (incl. VAT), no delivery costs will be charged. Should the total price to be paid by the guest be below this threshold due to a revocation (see point 3 of this section), the regular delivery costs will be charged and they can be retained (offset) or subsequently claimed by Ötztal Tour-ismus in the course of the reimbursement of the respective remuneration component.

In principle, various payment options are available: Payment by invoice; credit card; immediate payment; payment by invoice; payment on site, etc. The applicable payment options are determined individually by the contract partner and displayed in the booking process ("payment information"). The availability of the individual payment options cannot be guaranteed. In the case of payment by credit card, the payment can be reversed by the guest in the event of misuse.

Ötztal Tourismus reserves the right of title to the goods until the total price has been fully paid. In case of default in payment (also only partially), Ötztal Tourismus has the right to collect the goods.

 

06. Warranty, Guarantee, Possibility to File a Complaint

The statutory warranty regulations (in particular of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB)) shall apply with regard to the goods purchased via the online booking system. The warranty period for movable property is 2 years from the day of delivery.

Ötztal Tourismus does not give any contractual guarantee promise beyond the statutory warranty.

Complaints based on statutory claims for warranty or other complaints can be asserted at the ad-dress mentioned above.

Sölden, on 26-04-2021