General Terms and Conditions
The following conditions apply to all current and – insofar as they do not concern contracts with consumers – future contracts concluded with us for the distance selling of goods and services in the online shop. They do not apply to services in hotel operations. The customer’s general terms and conditions shall not be recognized.
1. Conclusion of Contract
A contract shall only be concluded upon fulfillment by us, in particular by dispatch of the goods. However, we will inform the customer in advance about the receipt of the order and the details of the contract to be concluded (order confirmation).
2. Right of Withdrawal and Return
for contracts with consumers
2.1
If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), they may revoke their contractual declaration within 14 days without stating reasons, in text form and by returning the goods / voucher. The period begins upon receipt of the goods and not before receipt of this instruction. Timely dispatch of the withdrawal and return of the goods/voucher is sufficient to meet the withdrawal deadline.
The withdrawal or return of the goods must be sent to:
Incert eTourismus GmbH & Co KG, Leonfeldner Straße 328, 4040 Linz
2.2
In the event of an effective withdrawal, both parties must return the services received and, if applicable, surrender any benefits derived. If the customer is unable to return the received service in whole or in part, or only in a deteriorated condition, the customer may be obliged to pay compensation. This does not apply if the deterioration of the goods is solely due to their inspection.
In all other respects, the customer can avoid the obligation to compensate by not using the goods as an owner would and by refraining from anything that reduces their value.
In the case of a return within 14 days from a goods or voucher delivery, the customer shall bear the return shipping costs.
3. Prices and Payment Conditions
3.1
Purchased or ordered vouchers cannot be redeemed for cash. If consumption is lower than the value of the voucher, a further credit will be issued by the hotel.
3.2
All prices listed do not include VAT, as the voucher itself represents a 100% credit. An invoice showing VAT can only be issued at the time of actual service provision, i.e. when the voucher is redeemed (Austrian VAT Act – UStG).
3.3
The voucher is only valid once the full amount due has been paid.
3.4
All vouchers are valid for 3 years from the date of issue and must be redeemed within this period.
3.5
Invoices are due for payment immediately.
3.6
Price changes are reserved.
4. Delivery Dates and Deadlines
4.1
If we are unable to meet the agreed delivery date due to circumstances beyond our control (operational disruptions, strikes, lockouts, energy supply problems, delayed self-supply despite careful conclusion of a covering transaction, etc.), we will inform the customer immediately. In such cases, the customer is not entitled to withdraw from the contract.
4.2
Partial deliveries are permissible insofar as they are reasonable for the customer.
5. Transfer of Risk
The risk of accidental loss or accidental deterioration shall pass to the customer as soon as the goods have been handed over for transport or the customer has been notified of readiness for dispatch. This applies regardless of whether dispatch takes place from the place of performance and regardless of who bears the shipping costs.
6. Retention of Title
6.1
We retain ownership of the contractual object until full fulfillment of our contractual claims. For customers who are not consumers, this retention of title applies until full settlement of all claims arising from the entire business relationship.
6.2
Pledging or transfer by way of security is not permitted. In the event of third-party access to the goods subject to retention of title, the customer must notify us immediately. The customer shall bear all costs necessary to remove the access and to recover the retained goods.
6.3
For contracts with customers who are not consumers, the following shall additionally apply:
The customer is entitled to resell the contractual object in the ordinary course of business. However, the customer hereby assigns to us all claims arising from the resale. We accept this assignment. The customer remains entitled to collect the assigned claims as long as they are not in default of payment.
We are entitled to revoke this authorization if the customer fails to meet their payment obligations. In this case, the customer must provide us with all necessary information to enable us to collect the claims from their customers ourselves.
If the contractual object is combined with other items, the retained title shall continue in the newly created item. We thereby acquire co-ownership in proportion to the value of the retained goods (invoice value) to the value of the other combined items. If one of the combined items is to be regarded as the main item, the customer transfers co-ownership to us in the corresponding proportion. The customer shall store the new item free of charge with regard to our co-ownership share.
6.4
If the law of the country in which the contractual object is located does not permit retention of title or only permits it in a limited form, we may reserve other rights to the contractual object. The customer is obliged to cooperate in all necessary measures (e.g. registrations) to enforce the retention of title or alternative rights and to protect these rights.
7. Claims for Defects
7.1
If services provided by us are defective, our warranty obligation shall be governed by statutory provisions, with the proviso that the warranty period for used goods is 12 months. Claims for damages remain unaffected in accordance with Section 8.
7.2
For customers who are not consumers, the following additional provisions apply:
The customer may initially only demand rectification. We may, at our discretion, repair or replace the defective parts. If rectification fails, the customer may reduce the remuneration or withdraw from the contract.
In addition, the customer may claim damages instead of performance in accordance with Section 8.
If we replace materials supplied by the customer during rectification work, ownership of the replaced parts shall pass to us.
If the defect is due to a defective third-party product, we are entitled to assign our warranty claims against the supplier to the customer. In this case, we may only be claimed against after the customer has unsuccessfully pursued the assigned claims against the supplier in court.
The warranty period for material defects is 12 months from the transfer of risk. For parts used in construction that cause defects to a building, the statutory warranty periods shall apply.
8. Liability
8.1
We shall be liable for culpable breaches of essential contractual obligations in accordance with statutory provisions. Unless the breach was caused by gross negligence or intent, liability shall be limited to the typical, foreseeable damage.
8.2
In all other cases, we shall only be liable if damage was caused intentionally or by gross negligence by one of our legal representatives or vicarious agents.
8.3
In the event of assumption of a guarantee and for damages resulting from injury to life, body, or health, we shall be liable in accordance with statutory provisions.
8.4
Liability under the Product Liability Act remains unaffected.
8.5
Otherwise, claims for damages arising from breaches of duty are excluded.
8.6
No liability is assumed for delayed delivery by postal services.
9. Data Protection
9.1
The customer agrees to the collection, processing, and use of their personal data for the purpose of contract execution and marketing purposes. Data is processed using automated systems. Advertising information will be sent exclusively by the shop operator. No data will be passed on to third parties.
9.2
Your security is our top priority. Therefore, data such as credit card numbers, bank codes, account numbers, name, and address are transmitted via a secure SSL connection when paying by credit card. This prevents unauthorized third parties from reading your data during transmission. Additional security measures are applied to ensure maximum safety in the voucher shop.
9.3
The customer’s rights under the German Federal Data Protection Act (BDSG) remain unaffected.
10. Final Provisions
10.1
The place of performance and jurisdiction for all obligations and disputes arising from this contract shall be Linz for merchants, legal entities under public law, or special funds under public law. The same applies to persons who relocate their residence or habitual place of residence abroad after conclusion of the contract or whose residence or habitual place of residence is unknown.
10.2
Should individual provisions of this contract be invalid, the validity of the remaining provisions and the contract as a whole shall remain unaffected. In place of the invalid provision, a regulation shall apply that comes closest to the economic intent of the invalid provision, unless mandatory statutory law applies. The same applies in the event of a contractual gap.