1. Scope of Application:
These Terms and Conditions (T&C) apply to any travel bookings made with Ötztal Tourismus, i.e. to those made through the online booking system and to those made otherwise (in writing, by telefax or telephone).
2. Contractual Relationship between Ötztal Tourismus and Guests (Ötztal Tourismus as Agent):
Ötztal Tourismus offers its guests the opportunity to make travel bookings with third parties. In this connection, Ötztal Tourismus does not offer its own travel services. A booking only establishes an agency agreement between the guest and Ötztal Tourismus, to which the provisions set out in §§ 31b ff of the Austrian Consumer Protection Act (KSchG) and as of 1 July 2018 the provisions set out in the Package Travel Act (PRG) – do not apply. In addition, the Travel Terms and Conditions (ARB 1992) shall also not apply to the agency agreement.
3. Contractual Relationship between Accommodation Providers and Guests:
3.1 Conclusion of the Travel Contract:
In the facilitation of travel bookings, Ötztal Tourismus acts as an agent on behalf of a guest and declarations of intent are forwarded to the respective accommodation provider.
By virtue of the booking, a guest submits an offer to conclude a contract to the accommodation provider. The contract is concluded upon (written) confirmation (e.g. by e-mail) by Ötztal Tourismus.
3.2 Application of the Present T&C and the Terms and Conditions for the Hotel Industry (AGBH 2006):
Unless otherwise agreed in an individual agreement or set out in the present T&C (for example, different cancellation or payment terms), the Terms and Conditions for the Hotel Industry (AGBH 2006) apply to any travel contracts concluded between a guest and an accommodation provider. A separate link to the AGBH 2006 is provided in the booking process and they are always available at: https://www.oetztal.com/winter/book-accommodation/search-and-book-accommodation/general-terms-and-conditions.html
The contractual relationship between a guest and an accommodation provider is therefore determined by an individual agreement, the present T&C and the AGBH 2006. In the event of substantive differences, an individual agreement shall prevail over any other integral parts of the contract and the present T&C shall take precedence over the AGBH 2006.
As soon as the contract between a guest and an accommodation provider has been concluded through a confirmation by Ötztal Tourismus, the following conditions of payment shall apply – unless otherwise provided in an individual agreement:
Payment of 30% of the total amount of the particular booking (exclusive of local tax) shall be due within three days of conclusion of the booking. This deposit shall be paid to the respective accommodation provider (i.e. the guest’s contractual partner). Payments may in principle be made by credit card or bank transfer. The payment means accepted shall be determined by the accommodation provider. For credit card payments, authorisation of the credit card shall be processed by the system used by Ötztal Tourismus. The data shall be forwarded to the accommodation provider for debiting. The remaining balance plus local tax shall be paid by the guest directly to the accommodation provider.
For short notice bookings made 4 or fewer days before arrival:
- if only bank transfers are accepted, the booking shall be concluded without payment of a deposit
- if credit cards are accepted, the booking shall be concluded once the accommodation provider has charged the credit card.
The payment terms may also be determined on an individual basis. Detailed information about the rules applicable can be found in the offer and in the booking confirmation.
5. Notifications by Guests:
A guest must notify the accommodation provider mentioned in the booking confirmation directly of any changes to or a cancellation of a booking. Ötztal Tourismus assumes no liability for the forwarding of notifications, declarations of intent, etc. between the guest and the accommodation provider after conclusion of the contract between the guest and the accommodation provider.
6. Hotel Categories and Hotel Information:
6.1 Hotel Classifications:
Hotel classifications are based on inspections of the accommodation facility conducted by the Austrian Chamber of Commerce’s Professional Hotel Association.
6.2 Additional Hotel Information:
Additional hotel information is drawn from information provided by the particular hotel. Ötztal Tourismus assumes no responsibility for this information.
7. Data Protection:
Guests acknowledge that the personal data entered by them will be processed to the extent necessary for completing the booking only (Art 6(1)(b) of the EU’s General Data Protection Regulation). The data will be deleted upon the expiry of statutory retention periods. Ötztal Tourismus complies with the legal data protection regulations. Under the General Data Protection Regulation, guests are entitled to information about the personal data concerned, to rectification, erasure or restriction of processing of the personal data concerned, to object to the processing of the personal data concerned and to receive the personal data. On the grounds of an alleged breach of data protection regulations, a guest has a right to complain to the data protection authority under certain circumstances.
8. Cancellation Rights, Contract Termination:
Under the Distance and Off-Premises Selling Act (FAGG; § 18(1)(10) FAGG), there is no right to cancel the travel services booked through Ötztal Tourismus.
Unless otherwise agreed, the accommodation provider is entitled for objectively justifiable reasons to unilaterally terminate the travel contract up to 61 days prior to the date of arrival.
In the absence of an agreement otherwise, the following agreement shall replace the terms in Points 5.5 and 5.6 of the AGBH 2006 in the event of cancellation by a guest:
- A guest may withdraw from the accommodation agreement by means of a unilateral declaration up to 61 days before the agreed date of the guest’s arrival without being liable to pay a cancellation fee.
- Thereafter, a guest may only rescind the accommodation agreement by means of a unilateral declaration subject to the following cancellation fees:
- up to 61 days before the date of arrival: no cancellation fees;
- from 60 days up to 30 days before the date of arrival: 50% of the total package price;
- from 29 days up to 7 days before the date of arrival: 70% of the total package price;
- from 6 days before the date of arrival: 90% of the total package price.
If the guest cancels a booking (within 60 days prior to arrival) made through Ötztal Tourismus, the accommodation provider is entitled to withhold the deposit for the accommodation and the guest is obliged to pay the remaining cancellation fee according to the list above.
The cancellation terms may also be determined on an individual basis. Detailed information about the rules applicable can be found in the offer and in the booking confirmation.
Ötztal Tourismus is not liable for the provision of the booked travel services offered by the accommodation provider. The obligation to provide services applies exclusively to the accommodation provider mentioned in the offer and the booking confirmation
For damages resulting from culpable breach of this agency agreement, Ötztal Tourismus is - with the exception of personal injury - only liable in case of gross negligence or intentional breach.
10. Travel Insurance:
Ötztal Tourismus itself does not offer any travel insurance. Ötztal Tourismus recommends taking out travel insurance.
Sölden, 24 May 2019