GENERAL TERMS AND CONDITIONS OF BUSINESS
GENERAL, SCOPE, RIGHTS
These General Terms and Conditions (hereinafter referred to as "GTC") form the basis for all deliveries and services of Falstaff Hotel Collection GmbH (hereinafter referred to as the "Provider") to customers who are either consumers within the meaning of § 1 KSchG or entrepreneurs within the meaning of § 1 UGB (hereinafter referred to as the "Customer"). They apply to all transactions within the framework of the internet presence accessible under the domain www.falstaffhotelcollection.com (hereinafter "internet presence").
Any deviating, conflicting and/or supplementary agreements or general terms and conditions (irrespective of their form) of the customer shall not become part of the contract unless expressly agreed to in writing by the supplier.
3. the provider grants the customer a limited, personal, non-exclusive, non-transferable or licensable and at any time freely revocable limited licence to use the internet presence and, if applicable, the software in accordance with these GTC.
All rights to the software remain with the provider. The software may also contain components (in particular open source elements) that are freely available and to which the provider has no rights - the provider does not claim any rights with regard to such components.
The website and the software contain elements and content that are or may be protected in favour of the provider or in favour of the provider's cooperation partners (e.g. hotels) (e.g. under copyright/performance protection law, trademark law, patent/utility model law, design patent law, competition law or other standards) (with the exception of any open source elements in accordance with the above point). The provider and its cooperation partners expressly reserve all rights thereto. The use of these elements and contents (in whole or in part) beyond the usual and necessary use of the Internet presence by the customer is not permitted without the prior written consent of the provider. This applies in particular, but not exclusively, to the software (with the exception of open source elements), trademarks, names and marks, content, layout, design and interface of the website as well as the platform, databases, videos, photographs, texts and graphics.
HOW IT WORKS
5. the provider enables customers to make a non-binding reservation request for the hotels presented within the framework of the internet presence by means of a form, to purchase vouchers for the hotels presented within the framework of the internet presence online and/or to register for the Falstaff Travellers Club in order to subscribe to the provider's e-mail newsletter.
6. the provider guarantees the best possible availability of the internet presence within the framework of appropriate and customary standards, but does not accept any guarantee or liability for the correctness, completeness, a specific property, suitability or fitness at all times, the uninterrupted, error-free or risk-free availability or the possibility of access, transmission, hardware, software or network errors, delays or errors (in particular, but not exclusively, concerning price quotations) or a specific success.
PRESENTATION OF THE HOTELS
7. the provider assumes no liability, warranty or guarantee with regard to the legality, accuracy, correctness or completeness of the materials or content (such as photographs, videos, texts, etc.) published on the website in connection with the hotels presented, insofar as these materials or content are provided by the hotels concerned and cannot be verified by the provider.
(8) A non-binding reservation request to be submitted by means of a form on the provider's website will be forwarded to the respective hotel; the customer expressly agrees to this. This is a non-binding reservation request without obligation and not a binding reservation or booking - at this point in time, no contract is concluded between the customer and the hotel concerned. The acceptance of any reservation, the transmission of a reservation confirmation or the booking and booking processing shall be the responsibility of the respective hotel. If a booking is made with the hotel presented on the website, the general terms and conditions or other contractual provisions of the hotel operator (also) apply.
The provider does not act as an intermediary. Any contract that may come into existence regarding the services (accommodation, catering and any other services) shall be concluded directly between the customer and the hotel presented. Any liability or warranty of the provider towards the customer in this context is excluded, in particular the provider is not liable for the provision of services by the hotel.
(10) On the website, goods vouchers are offered which are sent to the customer as a .pdf file via email or by post (in which case additional costs are incurred for shipping).
11. these vouchers can be given as gifts or redeemed for services (accommodation, meals, other services, etc.) of the hotels presented on the website.
12. a voucher can only ever be used for the service of one hotel and is not transferable to other hotels. It is therefore not possible, for example, to redeem the voucher for two or more hotels or two or more offers from the same hotel.
13 Cash redemption of the services evidenced by the voucher is not possible (not even in part). Lost vouchers will not be replaced.
14. the voucher must be redeemed at the hotel for whose services it was issued. A voucher cannot be redeemed for so-called blackout dates. These are days or periods to be determined in advance by the respective hotel on which the voucher cannot be redeemed (e.g. Christmas holidays). These blackout dates as well as other special conditions are communicated on the website - the customer is advised to read them carefully before purchasing a voucher.
These vouchers can only be paid for by credit card. The payment is processed via the online payment service "Stripe" and in this case its terms and conditions also apply. When paying by credit card, the name, credit card number, credit card expiry date and credit card security number must be provided.
Stripe" collects the invoice amount from the customer's credit card account. The credit card account will be debited immediately after the voucher order has been sent. The voucher will be sent after receipt of the notification of payment by "Stripe".
17. if payment is not made on time or in full, the provider is entitled to withhold the voucher until payment is made in full.
18. the validity of the voucher is shown in the store. After this period, the voucher can no longer be used.
RIGHT OF WITHDRAWAL (VOUCHERS)
19. a withdrawal from the purchase is only possible if the voucher has not yet been transmitted to the buyer. Customers who are consumers within the meaning of § 1 KSchG have the right to withdraw from a concluded contract for the purchase of a voucher in distance selling within fourteen (14) days without giving reasons. The withdrawal period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods (pdf. file or voucher transmitted by post).
In order to exercise the right of withdrawal, the customer must inform the supplier by means of a clear declaration (e.g. by letter, fax or e-mail) of his decision to withdraw from the contract. The model withdrawal form attached in the appendix can be used for this purpose, but is not mandatory.
(21) In order to comply with the withdrawal period, it is sufficient that the notice of exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
If the contract is cancelled, the Supplier shall reimburse the Customer for all payments received, including shipping costs (with the exception of additional costs resulting from the fact that a shipping method other than the cheapest standard shipping offered was selected), without delay and at the latest within fourteen (14) days of receipt of the cancellation notice. The same means of payment used by the customer in the original transaction shall be used for this repayment, unless expressly agreed otherwise; in no case shall any fees be charged due to this repayment. The repayment can be refused until the complete receipt of the goods by the provider or until proof of the return. The goods must be returned or handed over immediately and in any case no later than within fourteen (14) days from the exercise of the withdrawal. The deadline shall be deemed to have been met if the goods are dispatched before the expiry of this period. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for the inspection of the condition, properties and functioning of the goods.
As soon as the voucher is redeemed by the customer/owner, the hotel is obliged to provide a service in the area of accommodation or leisure services (Section 18 (1) (10) FAGG), so that withdrawal (also from the hotel) is no longer possible under the FAGG, even if the withdrawal period has not yet expired in principle.
PRICES, TERMS OF PAYMENT
The prices shown on the website at the time of the order shall apply. Unless otherwise stated, all prices are final prices in euros and include the statutory value added tax of currently 20%. Additional costs will be incurred for sending the voucher by post, which will also be shown during the ordering process.
25 Shipping is currently only possible to countries in the European Union (with the exception of overseas territories).
The customer accepts the payment methods offered on the website during the order process, whereby the provider uses the external service provider "Stripe" (www.stripe.com) for processing.
The total costs of an order are due for payment immediately and in full. If the customer is an entrepreneur, interest on arrears of 12% p.a. shall be deemed agreed.
The customer is only entitled to withhold or offset payments against the supplier insofar as such a claim by the customer has been recognised in writing or has been legally established by a court of law.
DELIVERY, SHIPPING COSTS, DEFAULT OF ACCEPTANCE, RESERVATION OF TITLE
The shipping costs shall be disclosed to the customer before the order process is completed ("shopping basket"). If a shipping time is indicated, it is in case of doubt merely a guideline and in no way a binding promise of a shipping date.
If the customer is in default of acceptance, the supplier is entitled, at its own discretion, (i) to deposit the sent voucher in court at the customer's expense with discharging effect (§ 1425 ABGB); or (ii) to store the voucher at the customer's risk with discharging effect and to invoice the customer for all costs incurred due to the default of acceptance; or (iii) to sell the voucher on the open market at the customer's expense after prior warning. Any rights to which the supplier is entitled under the applicable statutory provisions, in particular to compensation for damages, shall remain unaffected by this.
The place of performance shall be the registered office of the supplier.
The provider is not liable for the impossibility or delay in the provision of the service due to force majeure. This is understood to mean circumstances which were unforeseeable and unavoidable for the Provider and which are not within its sphere of influence, such as in particular, but not exclusively, natural disasters, war / terrorist activities, industrial disputes, lockouts, attacks on the platform, servers or hardware / software, interruptions in the supply of energy or non-supply by cooperation partners. The Provider shall be released from its performance for the duration of the existence of the event of force majeure and shall only be obliged to provide the service after the complete cessation of this event.
The provider is not liable for the provision of the services listed in the voucher, but only for the selection of the hotels, the arrangement of the service, the forwarding of information and the timely transmission as well as the functionality and value securitisation of the voucher.
34. the services evidenced by the voucher are owed by third parties and are to be provided in their own name and for their own account under the conditions laid down by them.
In the event of warranty claims against the third party, the statutory provisions of the KSchG for consumers and those of the UGB for entrepreneurs shall apply in addition to its provisions in the GTC.
FALSTAFF TRAVELLERS CLUB AND NEWSLETTER
Registration for the Falstaff Travellers Club is subject to the data protection provisions listed under point 40 ff. Registration requires the entry of the name and email address or registration via Facebook.
37 No user account is created in the course of registration, but the customer's email address is added to a corresponding email distribution list.
In the course of registration, the customer expressly agrees to the sending of newsletters to the email address provided by him/her by "opting in" in accordance with § 107 TKG.
(39) If the customer purchases a voucher via the provider's website, consent within the meaning of section 107 of the TKG is not necessary, as the customer is given the opportunity to unsubscribe free of charge and without any problems when the contact information is collected and during each transmission.
DATA STORAGE/DATA PROTECTION
40. the processing of personal data of the Customer shall be carried out on the basis of the General Data Protection Regulation No 2016/679 ("DS-GVO") and the applicable national data protection standards, in particular the Data Protection Act.
The responsible party within the meaning of Article 4(7) of the GDPR is the provider. The following personal data concerning the customer may be collected and processed by the provider in connection with a voucher order, reservation request or registration for the Falstaff Travellers Club as a result of the customer's input: (i) first and last name / company, (ii) address, (iii) e-mail address. It is noted that payment information (credit card details, bank details, etc.) is not processed by the provider; the processing of this (possibly personal) data is carried out exclusively by the payment service provider.
By accessing or using the website, the following data (some of which may be personal) may be transmitted to the provider and processed by the provider: (i) log files such as IP address, date and time of access, information about the operating system used and the Internet browser, website from which access is made ("referrer URL") etc. (ii) cookies, (iii) location-related information and information about the terminal device used (depending on the corresponding settings of the terminal device).
The personal data of the customer are processed by the provider exclusively for the fulfilment of a contract or for the implementation of pre-contractual measures (Art 6 para 1 lit b DS-GVO), as without these data a contract cannot be prepared, concluded or fulfilled. Furthermore, the processing is carried out to protect the legitimate interests of the provider or third parties (Art 6 para 1 lit f DS-GVO), in particular also for the purposes of operational security of the website, claims management, direct marketing in analogue and digital form, advertising to existing customers, statistical evaluation and the improvement of the range of services and their quality.
Personal data will only be passed on to third parties within the framework of the fulfilment of the contract (e.g. to the shipping service provider) or to the third-party provider whose service is securitised by the voucher or to whom a reservation request is directed, in accordance with the provisions of the GDPR or with prior separate consent. However, no other data will be passed on to third parties.
The protection of the Client's personal data is ensured by organisational and technical measures, such as protection against unauthorised access, impairment or loss and technical data security precautions.
Personal data will only be stored by the provider for as long as is necessary for the fulfilment of contractual obligations, including the processing of any complaints or warranty claims, or legal obligations (corresponding storage obligations may arise, for example, in particular from tax law regulations - a legal basis for the storage of data in this context also arises from Art 6 para 1 lit c DS-GVO). If this necessity is no longer given, the data will be deleted.
47. subject to the existence of any statutory confidentiality obligations, the customer shall have the following rights:
a. The right to receive information at any time about his/her stored personal data, its origin, the purpose of processing and, if applicable, the recipient of this data (Art. 15 DS-GVO).
b. The right to request the rectification, transfer, restriction of processing, blocking or erasure of personal data if they are inaccurate or the basis for the data processing ceases to exist (Art 16, 17, 18, 20 DS-GVO).
c. The right to object to the processing of personal data on the basis of Art 6 (1) (f) of the GDPR ("safeguarding legitimate interests") (Art 21 of the GDPR). However, it should be noted that any objection has no influence on the permissibility of processing personal data on the basis of other permissible grounds pursuant to Art. 6 (1) of the GDPR.
Customers can send these claims to the following e-mail address: email@example.com.
If the customer is of the opinion that the processing of his personal data violates applicable provisions of data protection law or that his claims under data protection law have been violated in any other way, he has the right to lodge a complaint with the competent supervisory authority (pursuant to Art 77 DS-GVO).
JURISDICTION, CHOICE OF LAW
The present GTC as well as the contractual relationship between the Provider and the Customer shall be governed exclusively by Austrian law, with the exception of the provisions of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between the provider and the customer, who is an entrepreneur within the meaning of § 1 of the Austrian Commercial Code (UGB), shall be the court with subject-matter jurisdiction at the provider's registered office. If the customer is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), this shall only apply insofar as this place of jurisdiction coincides with the customer's general place of jurisdiction.
If one of the provisions of these GTC is or becomes illegal, invalid or ineffective, this shall not affect the validity of the remaining provisions. As long as the parties have not agreed on another provision, the invalid provision shall be replaced by a provision which is valid and which takes into account, as far as possible, the economic purpose of the provision and the intention of the parties when concluding this agreement.
52. a concluded Falstaff TRAVEL subscription is automatically renewed unless it has been cancelled at least 30 days before the effective date.