General terms and conditions
of Nationalpark Thayatal GmbH
Nationalpark Thayatal GmbH is a non-profit special purpose entity of the Republic of Austria and the Province of Lower Austria, which was established on the basis of an agreement pursuant to 15a B-VG between these local authorities and is entrusted with the administration of the National Park Thayatal.
Nationalpark Thayatal GmbH (hereinafter referred to as the "Company") has the following responsibilities: administration of the National Park in the narrower sense and the statutory tasks assigned to the Company for this purpose, private-sector agendas, such as organising offers for visitors, sale of souvenirs, books or other national park-related objects, renting bicycles, organising events, accommodation and catering for guests, in particular school groups, organising lectures, guided tours and hikes, etc. These terms and conditions shall form the basis for the private sector activities of the company, whether as a purchaser of services or as a provider of the same.
Applicability of general terms and conditions:
- The Company concludes contracts, both for services provided by it to its customers and for goods and services supplied to it, exclusively on the basis of the following General Terms and Conditions (GTC).
- The Company does not accept any general terms and conditions of customers and suppliers, not even in part, unless these are expressly agreed in writing as the basis of the contract. By entering into any agreement with the Company, in any form whatsoever, the other party accepts these General Terms and Conditions without regard to its own General Terms and Conditions, if any, or any other bases for delivery, which are expressly deemed to be waived upon the conclusion of the agreement.
- The version of these General Terms and Conditions valid at the time of the conclusion of the contract shall apply in each case, which is available on the Company's homepage, www.np-thayatal.at. Amendments to the General Terms and Conditions that are made during existing business relationships shall be communicated to the contract partner in writing and the amendments communicated in this way shall also apply to contracts that are already in force (as soon as the amendments are notified), unless the contract partner expressly objects in writing within 14 days to the validity of the amended General Terms and Conditions. This will also be expressly pointed out to the contract partner when an amendment to the General Terms and Conditions is notified.
Form of contract conclusion:
- The Company concludes contracts only in writing, as a rule by submitting an offer which is accepted by the contract partner in writing, orally or tacitly.
- The Company's offers are legally valid even if they are sent by email and without a signature, but can be proven to be sent by the Company. In case of doubt, the party who invokes the validity has the burden of proof.
- Deviations from these General Terms and Conditions as well as commitments deviating from or supplementing the offers of the Company shall only be valid and binding if they are made in writing and, in case of deviations, with a legally binding signature of the Company.
- The offers made by the Company shall only include the services expressly stated therein and shall be understood to be exclusive of any third-party costs, postage, duties, taxes and fees associated with these services, as well as any travel costs and other expenses. These additional costs, if any, associated with the service offered shall be charged in addition to the remuneration offered depending on the actual expenditure.
- In principle, the agreed deadlines and dates for services of the Company are not fixed dates, unless they are expressly described as such in writing. Explicitly agreed dates for events, guided tours, accommodation, catering, and bicycle rentals are inherently fixed dates. In the case of guided tours and events, however, the Company is entitled to make changes to the programme or to cancel guided tours and events at short notice, for organisational reasons, if the number of participants is too low, for reasons of nature conservation or due to weather conditions, without this entitling the contract partner to withdraw from the contract or to assert claims. If the abovementioned reasons make it necessary to postpone guided tours and events by more than three hours, the contract partner may cancel his participation free of charge and he will be reimbursed for any fees that are already paid. However, any further claims of the contract partner are expressly excluded.
- For renting the Company's premises, facilities, equipment or devices, even if for short-term use, the Company's rules of use provided for this purpose and brought to the attention of the contract partner shall be deemed expressly agreed upon in addition to these General Terms and Conditions, and the contract partner undertakes to comply with these rules of use accordingly and shall also be liable for damages arising from violations of the Company's rules of use for itself and other users for whom the contract partner is responsible.
- Services provided by the Company are intended exclusively for private purposes and may not be used for commercial, political or other purposes that do not serve the private and personal use of the recipient of the services, unless a specific other use has been expressly agreed and approved in writing. If this provision is violated, the Company reserves the right to withhold the agreed service, whereby the agreed fee shall nevertheless remain agreed as a lump-sum contractual penalty and shall be payable. Any further claims, in particular for damages, shall remain valid. Any advantage or proceeds obtained by the contract partner through unlawful use shall be handed over or reimbursed to the Company in full.
- In principle, the fees quoted shall be deemed to have been agreed upon with the corresponding acceptance of the contract, order placement or booking. For personal offers, the prices quoted are per person, unless otherwise agreed.
- If no specific fee has been agreed for services rendered by the Company, a performance-related fee of € 30 per hour or part thereof and for each employee of the Company working on this assignment, plus the applicable statutory value added tax, shall be deemed to have been agreed.
This hourly rate shall also apply to services that go beyond the fixed duration agreed at a flat rate. These include events and guided tours for groups, in particular due to a delay in starting, if the agreed duration needs to be exceeded or extra time is taken in the preparation and follow-up, if and insofar as the reasons for this are the responsibility of the contract partner or are under its control. Examples of this are delayed arrival of the contract partner or the group, specially requested or necessary stays or additional descriptions, longer stays or travel times due to physical infirmities or inadequacies of the contract partner or the participants, as well as waiting times and special additional personnel and material related delays in case of emergencies.
- All agreed or due fees are due for payment immediately after invoicing. If the contract partner is in default of payment for more than 14 days, default interest of 8% p.a. shall be charged from this point in time.
Withdrawal and cancellation fees:
- Withdrawal from a concluded contract prior to the commencement of service provision by the Company is only possible if the contract partner writes to the Company under the following conditions:
- Any costs and cancellation fees incurred by third parties shall be reimbursed in full by the contract partner withdrawing from the contract, irrespective of the reason for withdrawal.
- In addition, the contract partner withdrawing from the contract must pay the Company the following cancellation fees, which are agreed irrespective of any proof of the actual costs incurred:
For individual agreements for one-day events or services, with the exception of those according to the published event programme, no cancellation fee will be charged in the event of cancellation up to 48 hours before the start of the booked event. In case of later cancellation, a cancellation fee of 50% of the participation fee will be charged. In case of unexplained non-attendance or cancellation of the event by the participant, the entire agreed participation fee must be paid. No cancellation fee will be charged if a substitute participant is named in good time before the start of the event. This substitute participant will take over the obligations of the cancelling participant in his/her own name and for his/her own account.
For multi-day events, no cancellation fee will be charged for cancellations received up to 6 months prior to the booked date. Cancellations between 6 months and one month before the booked date are subject to a cancellation fee of 10% of the agreed fee. In case of cancellation up to one week before the beginning of the event, the cancellation fee is 30 %, in case of later cancellation 80 % of the agreed fee. If the participant is unable to attend a booked event or service due to illness, the company will waive a cancellation fee if a corresponding medical certificate is submitted.
- Any defects in the services promised and provided by the Company must be reported immediately and in writing, otherwise warranty claims and any claims for damages will be forfeited. Insofar as this does not violate mandatory statutory provisions, claims arising from defects that were not notified expressly and in writing immediately, or at least within 5 days, are excluded in any case.
- In case of justified claims, the Company shall be free to improve the defect that has occurred or to grant an appropriate price reduction for it. A complete cancellation of the contract due to a defective performance is excluded in any case.
Claims for damages:
- Claims for damages against the company are, except in the case of intent, limited to an amount of € 500. For consumers under the Consumer Protection Act, this limitation shall apply only in the event of slight negligence on the part of the Company and not in the event of personal injury.
- All services of the Company, in particular lectures, guided tours or events and the written documents, summaries, folders, maps, etc. provided in connection with these, including the photographs contained therein or made thereof, are in any case protected by copyright and rights of use to such services, printed works or photographs shall only be granted by the Company expressly and in writing. Implied or verbal granting of rights of use to services, printed works or photographs of the Company is expressly excluded. This applies to the organisation of such services, as well as to the texts contained therein, the photographs provided and all other copyrighted works produced by the Company within the scope of the contractual relationship.
- In the event of unlawful use of copyrighted works by customers or service recipients of the Company without express and written permission to use the work, at least flat-rate compensation in the amount of € 5,000 per use and work shall be agreed as a contractual penalty, without any damage actually having occurred or having to be proven. However, the Company expressly and fully reserves the right to assert claims in excess of this on the basis of higher damages that have actually occurred.
- Anyone who unlawfully uses copyrighted works of the Company that are produced from a service relationship with the Company shall also be obliged to reimburse all expenses incurred by the Company in investigating and uncovering unlawful uses, including costs incurred by third parties in the process, as well as all costs incurred in asserting the Company's claims arising from the unlawful use of the work (such as court fees, expert consultation costs, costs of legal representation and advice, etc.).
- The use of copyrighted works of the Company while the contractual relationship is still ongoing shall in any case entitle the Company to terminate the contractual relationship unilaterally and with immediate effect. In the event of such termination of the contractual relationship, however, the Company shall retain all claims to the agreed fee in full, in addition to any further claims of any kind.
- The Company processes personal data of customers and suppliers exclusively for the contractually agreed purposes. Furthermore, by entering into a contract with the Company, customers and suppliers expressly consent to the processing of their data for all purposes necessary for the performance of the contractual agreements.
- By entering into a contract with the Company, the contracting party of the Company (Customer or Supplier) also expressly agrees to receive electronic communications, such as newsletters or the like, from the Company on a regular basis, without any further express permission being required for this. Either party may revoke the Company's consent to such electronic communications at any time by expressly unsubscribing.
- Deliveries to contract partners of the Company are in any case legally valid to the postal addresses or email addresses last used by the contract partner or specified on letters, in emails or on a homepage, and are permissible and legally effective, irrespective of whether this delivery actually reaches or is actually received by the contractual partner. As long as a contract partner does not expressly and in writing provide a new address or email address or object to delivery by email, deliveries in the above form are permissible and legally binding and the legal consequences already come into force with the posting or electronic dispatch, irrespective of whether the item actually reaches the purview of delivery of the contract partner.
Applicable law and jurisdiction:
- Austrian law shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods shall be excluded in any case.
- The place of performance shall in any case be the headquarters of the Company and all contracts, both with regard to services of the Company and with regard to agreed deliveries and services to the Company, shall be performed exclusively at the headquarters of the Company, even if services are sent physically or electronically. This means that all services rendered by the Company to its service recipients are rendered upon dispatch, regardless of whether and when they are received by the customer. Deliveries and services to the Company shall only be deemed to have been fulfilled when they are actually received at the Company's headquarters or are actually accepted by the Company.
- The place of jurisdiction for all disputes arising from the contractual relationship between the Company and its customers and suppliers, as well as all further legal relationships arising therefrom, including any liabilities, shall be the court with local and subject-matter jurisdiction for the Company at its headquarters in 2082 Hardegg.
- Credit card payments in favor of the ski school are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT.Please send an e-mail to support(at)payyo.ch for all inquiries regarding your credit card payments and chargebacks.