Terms and conditions - Holiday in the holidayregion TirolWest

General terms and conditions of agency

 

1 General information, scope of application, and subject matter of the contract

  • The tourism association TirolWest (hereinafter referred to as “TVB”) acts as an intermediary between private individuals and/or companies (hereinafter referred to as “guest” or ‘guests’) and accommodation providers in the TVB association area (hereinafter referred to as “accommodation providers”) for the purpose of concluding accommodation contracts.
  • The referral is made via an online platform using software from feratel media technologies AG, Maria-Theresien-Straße 8, 6020 Innsbruck (“feratel”), on which the accommodation providers make their offers publicly available and potentially interested guests can book services directly with the accommodation providers.
  • The TVB's agency services are provided to the booking guest completely free of charge.
  • Business relationships between the TVB and the guest are governed exclusively by these General Terms and Conditions of Agency (hereinafter referred to as “GTC”) in the version published on the platform at the time of booking.
  • However, these GTC do not apply to the legal relationships between the accommodation providers and the guest. These legal relationships are governed exclusively by the terms and conditions agreed between the guest and the respective accommodation provider. The TVB is not a party to the accommodation contract concluded between the guest and the accommodation provider.
  • These GTC also do not apply to the legal relationship between the TVB and the accommodation providers.
  • Provisions deviating from these GTC shall only apply if expressly agreed in writing. Conflicting terms and conditions of the guest shall not be recognized and shall have no effect.

2 Conclusion of contract with the accommodation provider

  • The accommodation offers published on the platform are binding offers from the accommodation providers. The TVB points out that accommodation providers may have different house rules and booking conditions (e.g. regarding cancellation conditions or pets). It is the sole responsibility of the guest to inform themselves about the relevant conditions and regulations before making a booking.
  • The guest can select an accommodation provider and their offer on the platform by clicking the “Book” button and adding it to the shopping cart. Subsequently, the selected services and data can be supplemented, continuously checked, and edited until the final booking step.
  • In order to continue with the booking process, the guest is obliged to fill in all mandatory fields completely and truthfully. Any input errors made by the guest are at their own expense. The TVB does not check the content of the information provided.
  • In order to finalize the booking, the guest must accept these GTC, any separate terms and conditions or other conditions of the accommodation provider and, subsidiarily, the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006). Any special terms and conditions of the accommodation provider are linked in the booking process.
  • By filling in the booking system and clicking the “Book and pay” button, the guest makes a binding acceptance of the accommodation provider's offer. This concludes a contract between the guest and the accommodation provider under the terms and conditions set out in section 2.4.
  • Within 48 hours of booking, the guest will receive an email from the TVB containing the essential details of the contract.
  • The guest has the option of booking for several guests (fellow travelers) in one booking process. In this case, the contractual partner of the accommodation provider is only (and exclusivley) the guest making the booking, who is also liable for the agreed payment.
  • Declarations of intent by the guest (e.g., changes, cancellations) after booking can only be made to the accommodation provider. After conclusion of the accommodation contract, the TVB is not obliged to forward declarations to the accommodation provider. This does not apply to notifications and declarations made via the functions of the platform.

3 Prices and payment

  • The prices stated in the offers on the platform are in euros, including Austrian sales tax (VAT) and excluding the respective local tax.
  • Before completing the booking, the customer will receive an overview of the total price including VAT, local tax, and all booked additional services.
  • Payment for the booked service is handled solely by the accommodation provider. No payments are processed via the platform. The decision as to which payment methods and types are offered is the sole responsibility of the accommodation provider. The accommodation provider's offer contains information on the payment terms. The accommodation provider may require advance payments or pre-authorization of credit cards.
  • Any bank charges shall be borne by the guest.

4 Limitation of liability

  • The TVB assumes no liability for the availability of its platform or for any damage or consequential damage resulting from the unavailability or malfunction of the platform.
  • As an intermediary in booking transactions, the TVB is not liable for the behavior of either the accommodation provider or the guest. The TVB is also not liable for the specific condition of the accommodation or other specific characteristics of the accommodation service.
  • The TVB therefore accepts no liability for prices or other information, including photos of the accommodation provider on the platform. The accuracy of the information on the platform is the sole responsibility of the accommodation provider and is not checked by the TVB.
  • The TVB is under no obligation to actively check the suitability of the businesses it mediates and their public law authority (in particular trade licenses) to provide the services offered.
  • Exclusions of liability under these GTC do not apply to damage caused by gross negligence or intent on the part of the TVB, nor to personal injury.
  • Regardless of fault, however, the TVB is in no way liable for lost profits, pure financial losses, or consequential damages.
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5 Data protection

  • The TVB is committed to comprehensive data protection and only processes guests' personal data in a lawful manner.
  • Further information on the use of personal data can be found on our website at https://tirolwest.at/en/privacy.


6 Travel insurance

  • The TVB recommends taking out insurance to cover travel cancellation costs, travel liablity, illness and accidents.
  • It is possible to take out cancellation insurance with Europäische Reiseversicherung when booking via the platform.
  • The TVB provides a corresponding interface to the insurance company on the platform. Cancellation insurance can be taken out directly with Europäische Reiseversicherung within the platform. Payment is processed exclusively by the insurance company.
  • It is the guest's responsibility to check whether they wish to take out insurance and under what conditions they wish to do so.
  • The TVB is not a party to any insurance contract.
  • The provisions of these GTC apply mutatis mutandis to the brokerage of cancellation insurance with Europäische Reiseversicherung. In particular, the TVB does not become a party to the insurance contract and accepts no liability for the insurer's benefits.


7 Other provisions

  • There are no verbal side agreements to these GTC. Side agreements of any kind, amendments, or additions must be made in writing to be valid. This also applies to any waiver of this written form requirement.
  • All disputes arising from legal transactions based on these GTC shall be governed exclusively by Austrian law, with the exception of the UN Convention on Contracts for the International Sale of Goods and the referral provisions.
  • If the guest is an entrepreneur or consumer residing outside the scope of application of the Brussels I Regulation or the Lugano Convention (i.e., all countries except EU member states, Switzerland, Norway, Liechtenstein, and Iceland), the court with subject-matter and local jurisdiction at the registered office of the TVB shall be agreed as the exclusively competent court for all legal disputes arising from or in connection with these General Terms and Conditions of Agency and/or contracts between the TVB and the guest for the agency of accommodation services.
  • If the guest is a consumer residing within the EU or the scope of application of the Lugano Convention, the statutory provisions on jurisdiction shall apply.
  • All rights and obligations arising from these GTC shall be transferred to any legal successors of the TVB.