General Terms and Conditions
I. Scope of application, conclusion of contract
The Tourism Association Murau-Kreischberg (i.e. the Tourismusverband, TVB), hereinafter referred to as tourism association, shall act as an intermediary in the business relationship entered into with a booking party or person making the reservation. Therefore, a contract shall be concluded between the booking party and the accommodation company (hereafter referred to as “AC”). This agreement is subject to the following General Terms and Conditions applicable in their respective valid version at the point of time when the booking is made. Any mutual claims arising out of the present contract may only be asserted towards the direct contractual partner and without any liability or joint liability of the Tourism Association. The Tourism Association shall contractually agree with the booking party that the "General Terms and Conditions for the Hotel Industry 2006" (i.e. "Allgemeine Geschäftsbedingungen für die Hotellerie 2006", AGBH) as well as the supplementary General Terms and Conditions contained herein shall be deemed to be legally effective with regard to the accommodation contract as well as for the intermediation of the same.
II. From the AGBH, the section "cancellations" shall be in particular recorded in extracts:
- Both contractual partners, i.e. the booking party as well as the accommodation company (“AC”), may dissolve and cancel the accommodation contract unilaterally with a cancellation period of three months prior to the agreed date of arrival at the latest without a cancellation fee becoming due and payable. The declaration of cancellation must be received by the contractual partner within the period referred to above.
- The guest may dissolve and cancel the accommodation contract with a cancellation period of one month prior to the agreed date of arrival at the latest with a corresponding cancellation fee becoming due and payable. The declaration of cancellation must also be received by the contractual partner within the period referred to above. A cancellation fee amounting to 40 percent of the arrangement price shall, however, become due and payable in this case.
- In case of a cancellation until one week prior to the date of arrival, the cancellation fee shall amount to 70 percent and, where the same is declared within the last week, 90 percent of the arrangement price.
III. Supplementary General Terms and Conditions
- The contracting parties hereby agree that the accommodation contract as well as the agency contract shall be governed by Austrian law.
- Any collateral agreements or side agreements have not been entered into between the contracting parties.
- Any amendments and supplements to this agreement shall require the written form in order to be deemed to be legally effective.
- It is hereby agreed that for any disputes arising out of this legal transaction – also with regard to the legal validity of the legal transaction – the jurisdiction over the matter shall lie with the competent district court at the place of the tourism association.
- The place of performance for all services to be rendered shall be deemed to be the destination represented by the Tourism Association.
- The accommodation company confirms explicitly that the Austrian hotel contract conditions shall have legal validity for any intermediations; the accommodation company furthermore acknowledges that it is entirely aware of the General Terms and Conditions and has received a copy of the same with regard to their full extent and content and also agrees to these GTCs in respect of any intermediation.
- The Tourism Association processes personal and company-related data in compliance with the applicable data protection laws. The data obtained shall be exclusively collected, processed and used insofar as the same are required for the establishment, arrangement or modification of the TVB’s own or, where applicable, any mediated business relationships. The TVB, i.e. the tourism association, shall be entitled to submit these data to partners engaged by the TVB, i.e. the tourism association, insofar as this is necessary for the handling of reservation inquiries. If the guest has explicitly expressed his/her consent, the TVB, i.e. the tourism association, shall furthermore be entitled to collect, process and use the data obtained from the guest for the purposes of advisory services, advertising, market research as well as needs-based design.
- The TVB, i.e. the tourism association, shall neither accept any responsibility nor assume any liability for the contents of the photgraphic material provided by the accommodation company.