Terms & Conditions / Disclaimer

Imprint/Disclosure in the terms of Sec 24 et seq, information according to Sec 5 E-Commerce Act:
Media owner: Österreich Werbung Vienna
Vordere Zollamtsstraße 13
1030 Vienna
Austria
Tel.: +43 (0) 1 58 866-0
Fax: +43 (0) 1 58 866 20
E-Mail: holiday@austria.info

Company registration number: official register of societies and associations Zl: VIII-761

Executive officer: Mag. Dr. Petra Stolba
Supervisory authority in charge: Federal Police Headquarters in Vienna, Department for Associations, Demonstrations and Media Law, 101 Vienna, Schottenring 7-9
Chamber membership: none
Value added tax identification number: ATU 38158603

General Terms and Conditions of the Austrian National Tourist Office (Version of 09. 02. 2009)

1.0 General Provisions
Österreich Werbung, hereinafter referred to in short as contractor (CN), accepts commissions solely on the basis of the following conditions. The partners in contract explicitly accept that these conditions are to be taken as legally binding, in that the latter constitute the contents of the contract.
A reference by the client hereinafter referred to in short as CT to his own ” General Terms of Business ” causes no validity of the same if this is not arranged specifically in writing. A modification of or supplement to these conditions is possible only by agreement and in writing. Regardless thereof the unaltered conditions remain the content of the contract.

The nullity, ineffectiveness or non-enforceability of a provision of the conditions do not affect the validity, effectiveness and non-enforceability of the remaining terms. Void, ineffective or non-enforceable definitions are to be replaced by such valid, effective and enforceable conditions which come closest to the economical purpose of the void, ineffective or non-enforceable conditions.

2.0 Placing of Orders
Each order must be commissioned in writing for its legally binding effect, in detailed listing and with indication of special assertions and is accepted by the CN through written confirmation of order. Every change of the order must also be done in writing.

Should the order not be able to be carried out on grounds that are not represented by the CN, the CT is obliged to pay a cancellation fee to be defined in the individual task.

3.0 Conditions of payment and rendering of accounts
Payment is to be effected within 30 days net following rendering of accounts by the CN. In case of default of payment the CN shall be entitled to claim from the CT default interest in the amount of 8 % beyond the rate of the Austrian National Bank p.a. of the respective amount to be paid, calculated from the date of the invoice,  and furthermore to demand reimbursement of the actual occured, necessary and serviceable reminder extrajudicial collection – particularly collection expenses as well as lawyer’s fees in accordance with RATG (the Austrian tariff on lawyers fees) in the effective version. In the case of advance performances that the CN must render to third parties, the CT is obliged – after submission of invoice documents – to effect payment on account of the respective amount.

4.0 Participation of the CT
The CT designates the CN a responsible person. The CT is committed to support the CN in its service performance, particularly with regard to the observance of obliging terms and appointments. As far as this is required for the service performance, the CT will assist within its abilities as well as place at disposal any helpful information and contents immediately, completely and correctly.

5.0 Deadlines
If the CN should not be able to keep to the service deadline agreed upon, the CT shall grant the CN an appropriate extension in the range of at least 2 weeks, without making any claims of any sort from this delay, unless the CN was extremly grossly at fault for the delay. This respite begins with the access of a reminder by the CT to the CN, which fulfills the aforementioned conditions. Delays resulting from circumstances over which the CN has no direct influence shall extend the service time limit by the delay period according to the respective circumstances. Such circumstances include in particular such events that are considered within the sphere of sub-contractors of the CN. which were not foreseen at the time of completion of the contract, and which were not grossly at fault in terms of extremely gross negligence caused by the sub-contractors and on which it had no influence, provided that the CN does not make false selection with regard to this sub-contractor. The CT can make no claims whatsoever that arise from such delays against the CN.

6.0 Passing on of commission/order
The CN is authorized to pass the order in whole or in part to third parties. In case major parts of the contract must be passed on, the CN will inform the CT of the intended passing on. Parts of the contract are major in the sense that they exceed at least half of the entire order in value and the entire order value is at least  € 7,267,28,–. This obligation to inform also exists with regard to the parts of the contract that were already assigned as being major by the CT at the start of commission.

If the CN intends to transfer the order of a contracting authority in whole or part to third parties, he is obligated to proceed according to the Federal Act on the Award of Purchase Contracts or the relevant applicable Provincial Act on the Award of Purchase Contracts.

7.0 Defective performance of the contract

The CN assumes responsibility for the duly/ correct performance of the contract. The warranty period shall be six months calculated from performance of the order. If the CT does not fulfil the contract properly (non-performance, default) the CN can choose, whether he carries out or let carry out by a third party a rectification of the defects or whether he grants a reduction of price. The CT is obligated to notify in writing without delay within two weeks after performance the defects of the performance of the contract, otherwise the performed services will be regarded as approved and realised according to contract. The CT ist not authorized, to retain payments because of enforcement of warranty claims or complaints.

8.0 Indemnity and product liability
With regard to such working bases which were placed at the disposal of the CN by the CT, the latter guarantees that third parties do not await use of the same and agrees to indemnify and hold the CN completely harmless with regard to any liability of claims by third parties.

Furthermore the CN does not warrant the legitimacy of advertising efforts, as far as they are composed by the CT with regards to content or drawn up in another manner. The CT is obligated to examine or to let examine by a third party the concerned legal requirements. Should the illegality of a advertising effort, which was written by the CT or drawn up in another manner, lead to a claim against the CN, the CT is obligated to hold the CN entirely harmless.

In other cases neither the CN nor the CT are liable for loss of profit, for indirect/consequentional loss as well as slight negligence. Liability according to the product liability law as well as  for personal injury  remain unaffected.

9.0 Properties and rights of use

The CT obtains the non-exclusive right of use all provided documents, materials, ideas as well as other services for in this contract agreed purpose and scope only. Any distribution to third parties is prohibited. Any modifications of the provided services require the approval of the CT and if necessary also of the legitimate author.

10.0 Inventions
The CN is entitled to all rights of inventions and other industrial property rights of works and inventions of his employees, that arise in the framework of the services rendered.

11.0 Identification
The CN is entitled in all services rendered by it to refer to his copyright without thereby creating any claim whatsoever for the CT.

12.0 Confidentiality
Both parties in contract are enjoined from disclosing business and company secrets as well as information received to third parties – also even by accident – on type, range of business and practical function from the respective other partner in contract during but also after termination of contract and for own use.

13.0 Protection of Rights
With the agreed upon price the use of the industrial property rights (design, brand, patent, utility model, semiconductor-protection, copyright) is satisfied insofar as the acquisition is required for the CT to the use stipulated in the contract. With regard to such working bases which were placed at the disposal of the CN by the CT, the latter guarantees that third parties do not await use of the same and agrees to indemnify and hold the CN completely harmless with regard to any liability of claims by third parties.

14.0 Cession
A cession of the demands resulting from the contract of the CT against the CN is possible only with the explicit agreement of the CN.

15.0 Offset
An offset against the set of claims of the CN or the enforcement of a right of retention through the CT is only admissible when the set of claims or the rights of the CT cannot be contended or are judicially established as being absolute.

16.0 Place of Performance and Stipulation as to Venue
Vienna is appointed as place of performance and of payment, unless otherwise explicitly stated in the order of commission.

For any disputes regarding this contract the partners in contract agree on the respective applicable court of the Vienna Inner City district.

17.0 Applicable Law
The agreement as well as any legal disputes over the validity of this agreement are to be exclusively appraised according to Austrian law – with the exception of the law of conflict.

DISCLAIMER:

This web site of Österreich Werbung has been set up as an open internet portal for the promotion and development of Austrian tourism. As a pure service and information platform, this site also includes links to web sites of third parties, whose contents cannot be controlled by Österreich Werbung. With the judicial ruling of 19.12.2000 (4 Ob 274/00y – Liability for Links on Websites) the Austrian Supreme Court decided that a web site operator must consider the contents of an external web site as its own and is liable for them in so far as it adopts the contents as its own. We expressly point out that Österreich Werbung bears no responsibility for these web sites and the content therein. The setting of links on the web site of Österreich Werbung is purely a service and intends to provide the user of this web site with an overview, in assembled form, of the tourism-related web sites that are available in Austria. Österreich Werbung does not adopt the contents of these web sites as its own. The access to the content of external web sites is effected at own risk and responsibility.

Users should take note that contents will also be posted on the web site for which Österreich Werbung’s partners in contract are exclusively responsible.
Österreich Werbung – similar to a bookstore or a newspaper stand – does not have the means of controlling these contents. The information, opinions, tips, statements, services, offers, etc that are expressed in these contents, are the sole responsibility of the respective partners in contract. Under no circumstances is Österreich Werbung responsible for these contents. Österreich Werbung does not endorse or guarantee the contents of these links and bears no liability whatsoever for any damages in relation to these.

In the case that you as user notice that a link refers to legally problematic content, we kindly ask you to inform Österreich Werbung about this link by e-mail holiday@austria.info so that the link can be removed as soon as possible.

Manuela Mödlhammer on 20.01.2011