General Terms and Conditions

Booking Platform Feratel

GENERAL TERMS AND CONDITIONS
FOR THE BOOKING PLATFORM
FROM FERATEL

 

of TVB Tiroler Oberland

Kirchplatz 48
6531 Ried im Oberinntal

Experience Area Nauders
Nauders 66
6543 Nauders

Experience Area Tiroler Oberland
Kirchplatz 48
6531 Ried

Experience Area Kaunertal
Feichten 134
6524 Kaunertal

1.1. TVB Tiroler Oberland (short “TVB”) mediates private individuals and/or companies (hereinafter referred to as: “guest” or “guests”) with accommodation providers in the TVB area (hereinafter referred to as “accommodation provider”) for the conclusion of accommodation contracts.

1.2. The mediation within the meaning of point 1.1 takes place via online booking systems (e.g. available at www.tiroler-oberland.com, www.nauders.com, www.kaunertal.com,, in short "platform"), on which the accommodation providers make their offers publicly accessible and potentially interested guests can book services directly with the accommodation providers.

1.3. The mediation services of TVB are provided to the booking guest free of charge, i.e. TVB does not charge the guest any fee, e.g. in the form of a commission.

1.4. These General terms and conditions of mediation (hereinafter referred to as “GTC”) in the version published on the platform at the time of booking shall apply exclusively to business relations between TVB and the guest.

1.5. However, these GTC do not apply to the legal relationships between the accommodation providers and the guest. These legal relationships are exclusively subject to the terms and conditions agreed between the guest and the respective accommodation provider. TVB is not a party to the agreement between the guest and the accommodation provider.

1.6. These GTC also do not apply to the legal relationship between TVB and the accommodation providers.

1.7. Provisions deviating from these GTC shall only apply if expressly agreed in writing between TVB and the guest. Conflicting terms and conditions of the guest have no effect between the two.

2.1. The offers for accommodation services published on the platform represent binding offers from the accommodation providers. TVB points out that the accommodation providers each have different house rules and booking conditions (e.g. regarding cancellation conditions or the admission of pets). It is the sole responsibility of the guest to inform themselves about the relevant terms and conditions before making a booking.

2.2. The guest can select an accommodation provider and its offer on the platform by clicking on the “Book” button and add it to the shopping cart. Subsequently, the selected services and data can be added, reviewed and edited continuously until the last booking step.

2.3. In order to proceed with the booking process, the guest is obliged to fill in all mandatory fields completely and truthfully (personal data, payment details, etc.). Any input errors made by the guest are at his/her expense. TVB does not carry out any verification of the content of the information.

2.4. In order to finalise the booking, the guest must accept these GTC, if applicable, the separate GTC or other conditions of the accommodation provider and, in addition to the separate GTC of the accommodation provider, the GTC for the Hotel Industry 2006 (AGBH 2006). Special terms and conditions of the accommodation provider are linked in the booking process.

2.5. Filling in the booking system by the guest and clicking the button “Book with payment” represents a binding acceptance of the accommodation provider’s offer. This creates a contract between the guest and the accommodation provider under the conditions set out in point 2.4.

2.6. The guest will receive an email notification from TVB within 48 hours of booking, containing the essential contractual contents.

2.7. The guest has the option of booking for several guests (travel companions) in one booking process. In this case, the only contractual partner of the accommodation provider is the booking guest, who is also liable for the agreed fee.

2.8. Declarations of intent by the guest (e.g. changes, cancellations, questions about the booking, etc.) after the booking has been made can only be made to the accommodation provider. After the conclusion of the contract between the guest and the accommodation provider, TVB is not obliged to forward such declarations to the accommodation provider. Notifications and declarations made via the functions of the platform are excluded from this.

3.1. The prices stated for the offers on the platform are in euros, including the statutory Austrian value added tax (VAT), excluding the respective local tax (residence tax).

3.2. Before completing the booking, the customer receives an overview of the total price including VAT, local tax and all booked additional services.

3.3. Payment for the booked service is processed solely by the accommodation provider. No payments are processed via the platform. The decision as to which payment methods are offered (payment by credit card, immediate payment, payment on account, payment on site, etc.) rests solely with the accommodation provider. The offer of the accommodation providers includes information on payment methods. Any payments or pre-authorisations of credit cards may be required by the accommodation provider.

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

4.1. TVB assumes no liability for a specific availability of its platform or for any damages or consequential damages resulting from a lack of availability or faults in the platform.

4.2. As an intermediary in booking transactions, TVB is not liable for the conduct of the accommodation provider or the guest. TVB is also not liable for a specific condition of the accommodation premises or other specific characteristics of the accommodation service.

4.3. TVB therefore assumes no liability for price information or other data, information and photos provided by the respective accommodation provider on the platform. The accommodation providers are solely responsible for the accuracy of the information provided on the platform. TVB does not check the accuracy of the content.

4.4. TVB is only liable for negligence in the selection if it has, with knowledge or gross negligence, arranged for an accommodation provider that is not authorised to provide accommodation or an accommodation provider that is otherwise incompetent and this negligence in the selection is causal for damage to the guest. TVB is not obliged actively to check the suitability of the companies it has conveyed and their public-law authority (in particular trade license) to provide the services offered.

4.5. Exclusions of liability under these GTC do not apply to damages caused by intent or gross negligence on the part of TVB. TVB is liable for personal injuries 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 guests’ personal data only in a lawful manner.

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

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

6.2. It is possible to take out appropriate insurance with an external insurance company when booking via the platform.

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

6.4. It is the responsibility of the guest to check whether he or she wishes to take out insurance and under what conditions.

6.5. TVB is not a contractual partner of any insurance contract.

6.6. The provisions of these GTC apply correspondingly to the brokerage of travel insurance. In particular, TVB does not become part of the insurance contract and assumes no liability for services provided by the insurer.

7.1. There are no verbal ancillary agreements to these GTC. Any ancillary agreements, amendments or additions of any kind must be in writing to be effective. This also applies to the waiver of this written form requirement.

7.2. All disputes arising from legal transactions based on these GTC shall be governed by Austrian substantive law, excluding Austrian private international law.

7.3. If the guest is an entrepreneur or consumer residing outside the scope of the Brussels I Regulation or the Lugano Convention (these are all countries with the exception of the EU member states, Switzerland, Norway, Liechtenstein and Iceland), the court with subject-matter and local jurisdiction at the registered office of the agent shall be the exclusive court of jurisdiction for all legal disputes arising from or in connection with these General terms and conditions of mediation and/or contracts between TVB and the guest regarding the agency services in the area of accommodation and leisure activities.

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

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