General terms and conditions
Terms of Service
The following conditions apply to all current and - unless it is a matter of contracts with consumers - future contracts concluded with us for the distance selling of goods and services in the online shop and do not apply to services in the hotel business. General terms and conditions of the customer are not recognized.
1. Conclusion of a contract
A contract is only concluded with the fulfillment by us and therefore with the dispatch of the goods. However, we will inform the customer in advance of the receipt of the order and the details of the contract to be concluded (order confirmation).
2. Revocation and right of return
for contracts with consumers
2.1. The customer, if he is a consumer within the meaning of § 13 BGB, can revoke his contract declaration within 14 days without giving reasons in writing and by returning the goods / voucher. The period begins with receipt of the goods and not before receipt of this instruction. The timely dispatch of the cancellation and the return of the goods / voucher are sufficient to meet the cancellation deadline. The revocation or the return of the goods must be sent to: Incert eTourismus GmbH & Co KG, Leonfeldner Straße 328, 4040 Linz
2.2. In the case of an effective revocation, the mutually received services are to be returned and any benefits drawn are to be surrendered. If the customer cannot return the received service in whole or in part or can only return it in a deteriorated condition, he is obliged to pay compensation if necessary. This does not apply to the surrender of items if the decrease in value of the item is solely due to its inspection. In addition, the customer can avoid the obligation to compensate for the value by not using the item like an owner and by refraining from anything that may impair its value. If the goods or vouchers are returned within 14 days, the customer has to bear the costs of the return.
3. Prices and terms of payment
3.1. The purchased or ordered vouchers cannot be redeemed in cash. If the consumption is less than the value of the voucher, you will receive an additional credit from the hotel.
3.2. No VAT is included in any of the prices listed, as the voucher itself is a 100% credit. The invoice with tax certificate can only be issued at the time the service is actually provided, i.e. when the voucher is redeemed (UstG).
3.3. The voucher is only valid once the amount due has been paid in full.
3.4. All vouchers are valid for 3 years from the date of issue and can be redeemed during this period.
3.5. Invoices are due immediately.
3.6. Subject to price changes.
4. Delivery dates and deadlines
4.1. If we cannot meet the agreed delivery date due to hindrances for which we are not responsible (operational disruptions, strikes, lockouts, energy supply difficulties, failure to deliver on time despite the conclusion of a specific hedging transaction with due care, etc.), we will notify the customer immediately to inform. In these cases, the customer is not entitled to withdraw.
4.2. Partial deliveries are permitted if this is reasonable for the customer.
5. Transfer of risk
The risk of accidental loss and accidental deterioration is transferred to the customer as soon as the goods have been sent for transport or the customer has been notified that the goods are ready for dispatch. This applies regardless of whether the shipment is made from the place of performance and who pays the shipping costs.
6. Retention of Title
6.1. We reserve title to the subject matter of the contract until our contractual claims have been fully met. For customers who are not consumers, this applies until all of our claims from the entire business relationship with the customer have been met in full.
6.2. Pledges or collateral assignments are inadmissible. In the event of third-party access to the reserved property, the customer must notify us immediately. The customer bears all costs that have to be expended to revoke access and to restore the reserved property.
6.3. In the case of contracts with customers who are not consumers, the following also applies: The customer is entitled to resell the subject matter of the contract in the ordinary course of his business. However, the customer already now assigns to us all claims that arise from the resale. We accept the assignment. The customer is entitled to collect the assigned claims, Terms of Service
The following conditions apply to all current and - unless it is a matter of contracts with consumers - future contracts concluded with us for the distance selling of goods and services in the online shop and do not apply to services in the hotel business. General terms and conditions of the customer are not recognized. as long as he is not in default of payment. We are entitled to revoke this direct debit authorization as soon as the customer fails to meet his payment obligations. In this case the customer is obliged to provide us with all necessary information so that we can collect the claims against his customers ourselves. If the contractual object is combined with other objects, the reserved ownership of the newly created object continues. We thereby acquire a co-ownership share in the ratio of the value of the reserved property (invoice value) to the value of the other connected items. If one of the connected items is to be regarded as the main item, the customer transfers co-ownership to us in the ratio of the value of the reserved property (invoice value) to the value of the other connected items. The customer keeps the new item free of charge with regard to our co-ownership share.
6.4. If the law of the country in which the subject of the contract is located does not permit the agreement of retention of title or only to a limited extent, we can reserve other rights to the subject of the contract. The customer is obliged to take all necessary measures (e.g. registrations) to implement the retention of title or the other rights that take the place of the retention of title and to protect these rights.
7. Claims for defects
7.1. If services provided by us prove to be defective, our warranty obligation is based on the statutory provisions with the stipulation that the warranty period for used items is 12 months. Claims for damages remain unaffected in accordance with Clause 8.
7.2. The following provisions also apply to customers who are not consumers: The customer can initially only request rectification. We will either repair or replace the defective parts at our option. If the improvement fails, the customer can reduce the remuneration or withdraw from the contract. In addition, the customer can demand compensation instead of performance in accordance with Clause 8. If we replace the customer's materials supplied by us in the course of repair work, we acquire the owner's tower on the replaced parts. If the defect is based on a faulty third-party product, we are entitled to assign our warranty claims against the sub-supplier to the customer. In this case, claims can only be made against us based on the above provisions if the customer has unsuccessfully asserted the assigned claims against the sub-supplier in court. The customer undertakes to immediately announce the dispute to us in the event of a judicial assertion of the assigned claims and to obtain our consent for all agreements with the upstream supplier with regard to the assigned claims. The warranty period for material defects in the services we provide is 12 months from the transfer of risk. In the case of parts supplied by us that have been used for a building in accordance with their normal use and have caused its defectiveness, the statutory warranty periods apply.
8.1. We are liable for a culpable breach of our essential contractual obligations in accordance with the statutory provisions. Insofar as we are not responsible for gross negligence or willful behavior, we are only liable for typically occurring, foreseeable damage.
8.2. In all other cases we are liable if damage has been caused intentionally or through gross negligence by one of our legal representatives or vicarious agents.
8.3. If we accept a guarantee or for damage resulting from injury to life, limb or health, we are liable in accordance with the statutory provisions.
8.4. Liability in accordance with the Product Liability Act remains unaffected.
8.5. Otherwise claims for damages from breaches of duty against us are excluded.
8.6. No liability is accepted for late delivery by post.
9. Data protection
9.1. The customer consents to the collection, processing and use of his personal data for the purpose of contract execution and for marketing purposes. Your details will be processed automatically by us. In this context, you will only receive advertising information from the shop operator. A transfer of this data to third parties does not take place.
9.2. Your safety is our top priority! Therefore, data such as credit card number, bank code, account number, name and address are transmitted over a protected SSL line when paying with credit cards. This means that no unauthorized person can read your entered data during transmission on the Internet. In order to provide additional security in the voucher shop, we apply a number of additional Sicsafety measures.
9.3. The customer's rights in accordance with the Federal Data Protection Act (BDatSchG) remain unaffected.
10. Final provisions
10.1. The place of performance for all obligations of both parties to the contract and the place of jurisdiction for all legal disputes in connection with this contract is Linz. The same applies to persons who move their domicile or habitual place of residence abroad after conclusion of the contract or whose domicile or general place of residence is unknown.
10.2. The ineffectiveness of individual provisions of this contract does not affect the validity of the remaining provisions and the existence of the contract. In place of the ineffective provision - unless dispositive statutory law applies - a provision that comes as close as possible to the ineffective one in terms of its economic content. The same applies in the event of a loophole.