General Terms and Conditions of Business (GTC)
Zillertal Booking GmbH Online-Shop – General Terms and Conditions of Business (GTC) with consumer information
Version: 01/02/2022
1 Scope
These General Terms and Conditions of Business (GTC) govern the contractual relationship between you as the Customer and Zillertal Booking GmbH (ZIB) in relation to all bookings placed on the online booking platform and the associated apps from myZillertal and from www.mayrhofen.at. ZIB reserves the right to amend these GTC at any time without prior notice. The relevant applicable version shall be that valid at the time of the booking (offer by the Customer to conclude a contract).
The operator of the online shop and your contractual partner as an intermediary of the products and services sold in the online shop is:
Zillertal Booking GmbH, Lakeside B03, A-9020 Klagenfurt am Wörthersee.
Email: office@zillertalbooking.at
Telephone no.: +43 (0) 463 249 445 – 127
2 ZIB as an agent with collection authority
The Customer can book items included in the basket on myZillertal. ZIB acts as an agent with collection authority in respect of each individual item. ZIB arranges services in the Zillertal region and surrounding area. The contractual party is the relevant supplier or service provider that has been booked.
Offers on myZillertal are comprised of individual elements (for example ski pass, equipment, entry), which are bundled together into a complete basket tailored to the needs of the Customer. ZIB does not warrant the proper provision of the individual services or supplies, unless it is acting as a supplier or service provider in its own right. In addition, ZIB does not warrant the composition of the basket and the compatibility (temporal, geographical etc.) of individual items with one another. The Customer may only invoke the contract brokered and the applicable terms and conditions of business against the direct provider (for example mountain railway, ski hire, ski classes, Accomodation provider). The Customer shall familiarise himself/herself with the applicable terms and conditions of business of the direct provider. ZIB provides support to the Customer with useful details and background information in the annex to these GTC. Where the attention of the Customer is drawn either here or elsewhere on myZillertal to such contractual terms and conditions, this occurs solely for information purposes. ZIB shall not thereby be subjected to any obligations.
3 ZIB as an organiser pursuant to Directive (EU) 2015/2302 (package holidays)
3.1 Booking of package holidays
If the Customer books multiple services in the basket that fall under Directive (EU) 2015/2302 (package holidays), he/she may exercise all rights available under EU law for package holidays. When booking through myZillertal the Customer will be informed whether the booking relates to a package holiday. ZIB shall be responsible for ensuring the orderly provision of the entire package holiday. For payments already made for travel services that are no longer provided, insolvency protection is required according to the applicable package travel ordinance. As a result of the COVID-19 crisis, banks and insurance companies withdrew from the hedging business and terminated existing insurance contracts at the end of 2020. ZIB then concluded a new agreement concerning insolvency protection for package holidays with TVA-Tourismusversicherungsagentur GmbH, Ferstelgasse 6, A-1090 Wien. For Customers TVA-Tourismusversicherungsagentur GmbH is available under Telephone No. +43 1 361 9077 25 and abwicklung@tourismusversicherung.at.
Further information (Standard Information Sheet for Package Travel Contracts) concerning the most important rights under Directive (EU) 2015/2302 can be obtained under the following link (https://shop.myzillertal.at/media/agreement/Standardinformationsblatt_EN.pdf).
3.2 Cancellations of bookings for package holidays
The Customer is invited to contact Customer Support at the email address help@myzillertal.at, opening hours MON – FRI, 8.00 – 17.00 hours, in order to cancel a booking.
The cancellation conditions of the respective service providers shall apply with priority. If they have not agreed individual cancellation conditions with the customer, the following cancellation terms apply to Customers:
up to 3 months before the start of the holiday: no cancellation charge
up to 1 month before the start of the holiday: 40% of the total price
up to 1 week before the start of the holiday: 70% of the total price
less than 1 week before the start of the holiday: 90% of the total price
3.3 Customer’s duty to inform
If the customer becomes aware of a breach of contract during or before the performance of the package travel, he must immediately inform ZIB’s customer service department of this.
4 General terms and Conditions
4.1 General Contractual Terms and Conditions
By accessing and using the website myZillertal and the associated apps and thus also using the online booking platform, the Customer consents to the General Contractual Terms and Conditions of myZillertal (GCTC).
According to the GCTC, ZIB does not warrant either the stability or the unrestricted availability of the website. ZIB shall not therefore incur any liability for the consequences of any interruption of the booking process or the failure to transmit messages. Particular attention has been dedicated to ensuring a user-friendly user interface. The Customer is responsible for using the website correctly. The Customer shall be individually responsible for the consequences of any mistakes during usage.
4.2 Conclusion of contracts, payment in advance, email communication
The booking platform and the associated apps is intended primarily for the European area (Austria, EEA countries, Switzerland, United Kingdom). ZIB does not guarantee that the platform will be accessible from outside this region. The information published by ZIB does not constitute a contractual offer.
If the Customer orders the contents of the basket on the ZIB platform or on www.mayrhofen.at, this shall constitute an offer to conclude contracts for the individual basket items. Any refusal of an offer shall always apply to the entire basket, even if it was only triggered by individual order items. If payment and services are available, ZIB shall conclude the individual contracts one by one between service providers or suppliers and the customer under the terms of its agency mandate. Upon completion, ZIB shall display a notice to the Customer on the website (success page), send an email order confirmation (acceptance of all basket items), and definitively collect the advance payment. In case of accommodation bookings via qqq.mayrhofen.at, ZIB as an intermediary concludes the accommodation contract already upon availability of the service and thus without payment. The payment and cancellation conditions (GTC) of the respective service provider shall apply to these bookings. These shall be pointed out to the customer at the time of booking. The GTC of the service provider shall be deemed agreed upon booking. The booking or cancellation confirmation is sent to the customer for accommodation bookings via www.mayrhofen.at by the TVB Mayrhofen on behalf of ZIB as intermediary. The TVB Mayrhofen does not thereby become a contractual partner of the customer within the framework of the intermediary contract.
ZIB shall be deemed to have responded to the Customer’s offer as soon as the data concerned have been transmitted over the internet on the ZIB system. It is immaterial at what time the email is received by the Customer or the success page is displayed on the Customer’s client. The Customer must enquire with ZIB if he/she has not received any answer. In addition, the current order status may also be viewed in the Customer’s user account.
If an order is placed by the Customer from a country that is not mentioned during the payment process, ZIB will be unable to accept it, even if the Customer is able to obtain the responses described above on the automatic platform. A contract shall only be deemed to have been concluded – if at all – upon delivery of the goods (items dispatched, accessories, etc.) or at the time the service is actually provided at the relevant location of the service.
The transmission of email messages through public networks is asymmetrical and liable to disruption; emails are unprotected and can be received, read, and altered by third parties. Third parties may obtain information concerning the sender and recipient of an email, as well as whether it has been received. This also applies to emails used in order to communicate with ZIB. ZIB is authorised by the customer to send emails to him/her. ZIB shall not bear any liability whatsoever for losses arising as a result of the deficient or impaired transmission of an email or of the interception of emails. These provisions shall apply mutatis mutandis for any other unprotected forms of communication with comparable functioning and risks that may be used either at present or in future.
Any messages sent to addresses provided by the Customer or that have previously been used in communications with ZIB (including in particular email addresses) shall be deemed to have been properly delivered. In the event that email is used, the time of delivery shall be the time of sending by ZIB. For postal communications, unless established otherwise it shall be assumed that letters sent by priority post have been delivered at the latest four days after presentation to the Austrian postal authorities, even if they have been sent abroad.
4.3 Price, payment terms
The price payable by the Customer shall be the total price in euros (EUR) indicated for the basket. Unless expressly specified otherwise, it shall include taxes and duties, including in particular legally valid Austrian value added tax at the relevant statutory rate. Various charges, such as for example a deposit for ski hire, may be levied directly by the relevant service providers. The total price is dependent upon the individual configuration of the travel arrangement and may therefore differ from the guideline prices (“from EUR ...”, prices stated in foreign currencies). Prices are liable to change at any time. The Customer shall ensure that the basket displayed to him/her is still up to date. After launching the order process, the Customer shall be shown a breakdown of his/her offer. The prices stated shall be fixed by the system for a period of 15 minutes, after which the Customer should refresh the order in the basket in order to ensure certainty.
Contracts for the individual basket items shall in principle only be concluded following automatic payment in advance in accordance with the online platform configuration. Unless ZIB has a commitment to cover the order, it will not take up the Customer’s offer. The Customer and ZIB shall each bear all charges arising for them in relation to payments.
For the booking of accommodation in the online shop www.mayrhofen.at, no advance payment is required for the acceptance of the customer’s contract offer by ZIB as intermediary. The acceptance of this offer by ZIB as an intermediary shall take place upon availability of the booked service. The payment and cancellation terms and conditions (GTC) of the respective service provider shall apply to these bookings. These GTC shall be deemed agreed upon booking.
4.4 Issue of vouchers/e-tickets and chargeable data carriers
The order confirmation shall constitute a receipt for the contracts concluded, but cannot be used as evidence of entitlement to receive the service (voucher, travel ticket, e-ticket). The Customer’s user account shall contain a link to the order confirmation, where he/she may – depending upon the product – download the necessary documents – for example a voucher – or upload them to a data carrier.
Proof of entitlement, vouchers, eWallets (digital vouchers), travel tickets and e-tickets must be printed out by the customer in order to be used (“print@home”) and will not be physically issued. It is prohibited to duplicate, alter, or reproduce any proof of entitlement.
The Customer shall be responsible under all circumstances for protecting his/her proof of entitlement (vouchers) against theft or unlawful duplication. He/she must ensure that any services due to the bearer are provided to the first person to present the valid document. It shall be immaterial for ZIB and for the service provider introduced by ZIB if it is established after the fact that the person who first presented a document was not the buyer / Customer.
The documents constituting proof of entitlement printed out by the Customer shall be presented in a dry, clean and undamaged condition, must not be crumpled and must be properly legible. They may contain a bar code, which may be checked electronically for control purposes. The document must not be folded in the vicinity of the bar code.
4.5 General terms and conditions
ZIB does not have any influence over any construction work, sources of emissions, etc. in the vicinity of a residence described and accordingly does not provide any guarantee in this respect. ZIB likewise has no influence over the origin of any tourists present, general service quality and the quality of meals in the local restaurants, the organisation and holding of events announced at the travel destination (unless organised by ZIB), and over individual sports opportunities (unless expressly included in the offer). For participation in individual events or the use of various services, certain – e.g. physical – requirements are necessary on the part of the customer. The customer must enquire about this with the service provider, ZIB expressly excludes any liability in these cases. It is recommended that people with reduced mobility contact ZIB at help@myzillertal.at prior to booking in order to enable smooth use of the service.
4.6 Cancellations
It is not generally possible to cancel any services ordered in the basket other than those falling under section 3 – package holidays. Exceptions may be provided for in accordance with the terms and conditions set out in the individual contracts and the cancellation terms for accommodation in accordance with section 7.2. For cancellation bookings according to section 7.2 the customer support is available at the email-address help@myzillertal.at, opening hours MON – FRI, 8.00 – 17.00 hours.
5 Purchase of Vouchers
5.1 General Vouchers
The customer is able to buy general vouchers. By purchasing a general voucher, you have the right to redeem it yourself online at myZillertal. The terms and conditions of the general voucher can be found in the voucher’s product description. By purchasing the voucher, the customer accepts the voucher’s terms and conditions.
5.2 Product Specific Vouchers
When offers are on, the customer is able to purchase vouchers that are only valid for specific products. By purchasing the voucher, the owner is allowed to use it only for products from this select category. By purchasing this type of voucher, the owner is permitted to use it for the specific products only. The list of products or services that the voucher may be used for as well as the voucher’s terms and conditions can be found in the voucher’s product description. By purchasing the voucher, the customer accepts the voucher’s terms and conditions.
5.3 Vouchers with Special Conditions
When special offers are taking place, the customer is able to buy vouchers with special conditions. These vouchers offer the customer additional advantages through special offers, which can be taken advantage of by redeeming the voucher. By purchasing special vouchers, the owner has the right to redeem the vouchers on the specific products that they are valid for. A voucher’s special conditions, as well as its general terms and conditions, can be found in the product description. By purchasing the voucher, the customer accepts the voucher’s terms and conditions. Special vouchers cannot be used in combination with other offers.
Companies and resellers are not allowed to buy special vouchers. The offer is only valid for end users. A maximal limit of 5000 EUR per end user exists for vouchers with special conditions.
6 Special terms and conditions
6.1 Liability
ZIB shall not incur any liability for any losses arising in relation to trips or events booked by the Customer himself/herself “in situ” during the provision of a service. This shall also apply in the event that the documents in question are contained in an annex attributable to ZIB or are described on the website or in the app.
6.2 Applicable law and jurisdiction
The contractual relationship between ZIB and its Customer (principal, buyer), including any issue relating to the conclusion and validity of the contract, shall be governed exclusively by Austrian law. Jurisdiction shall lie at the registered office of the relevant service provider or with ZIB.
6.3 Severability
Should any term or terms of these GTC be or become invalid or unenforceable either in full or in part, this shall not invalidate the contract as a whole.
The invalid or unenforceable term shall be replaced by a term that comes as close as possible to the economic purpose of the invalid or unenforceable term.
7 Annex: Information concerning Individual Service Providers
7.1 Mountain railways
ZIB issues the voucher in its capacity as a broker for mountain railways. The following service providers are responsible for all services and warranties in relation to the vouchers, in accordance with their currently applicable GTC:
Mayrhofner Bergbahnen Aktiengesellschaft I Ahornstraße 853 I A-6290 Mayrhofen I T: +43 (0) 5285 62277 I E: info@mayrhofner-bergbahnen.com
Zillertal Arena | Rohr 23 | A-6280 Zell am Ziller | T: +43 (0) 5282 7165 | E: info@zillertalarena.com
Zillertaler Gletscherbahn GmbH & Co KG | Hintertux 794 | 6293 Tux | T: +43 (0) 5287 8510 | E: info@hintertuxergletscher.at
Bergbahnen Skizentrum Hochzillertal | Postfeldstraße 7 | Talstation Seilbahn | 6272 Kaltenbach | T: +43 (0) 5283 2800 | E: info@hochzillertal.com
Spieljochbahn Fügen | Hochfügenerstraße 77 | 6263 Fügen |T: +43 (0) 5288 62991 | E: info@spieljochbahn.at
Hochfügen Bergbahn | Sennereistraße 1 | 6263 Fügen | Austria | T: +43 (0) 5288 62319 | E: info@hochfuegenski.com
7.2 Accommodation
ZIB issues the voucher in its capacity as a broker for accommodation. The relevant service providers are responsible for all services and warranties in relation to the vouchers, in accordance with their currently applicable GTC. The valid cancellation conditions can be seen on the voucher, otherwise these as well as the GTC of the provider can be requested via the website or, if necessary, directly from the service provider.
If a provider does not have its own cancellation conditions, the following cancellation conditions apply in accordance with the General Terms and Conditions for the Hotel Industry (GTCH) 2006:
§5 Withdrawal from a contract for accommodation – cancellation fee
5.1. If the contract for accommodation provides for an advance payment and this has not been paid on time by the contractual partner, the provider of accommodation may withdraw from the contract for accommodation without setting any grace period.
5.2. If the guest does not appear before 6:00 p.m. on the agreed day of arrival, there shall be no duty to provide accommodation unless a later arrival time has been agreed to.
5.3. If the contractual partner has made an advance payment (see 3.3), the room(s) shall be reserved until 12:00 noon at the latest on the day after the agreed day of arrival. If an advance payment has been made to cover accommodation for longer than four days, the duty to provide accommodation shall end at 6:00 p.m. on the fourth day, with the day of arrival constituting the first day, unless the guest has announced a later day of arrival.
5.4. Unless agreed otherwise, the contract for accommodation may be terminated by unilateral declaration by the provider of accommodation at any time until 3 months before the agreed day of arrival by the contractual partner, provided that there is objective justification.
5.5. The contract for accommodation may be terminated by unilateral declaration by the guest without incurring any cancellation fee at any time until 3 months before the agreed day of arrival by the guest.
5.6. Outside of the period specified in section 5.5., the guest may only withdraw by unilateral declaration upon payment of the following cancellation fees:
o up to 1 month before the day of arrival: 40% of the total price for the accommodation;
up to 1 week before the day of arrival: 70% of the total price for the accommodation;
less than 1 week before the day of arrival: 90% of the total price for the accommodation.
7.3 Skiing and snowboarding schools
ZIB issues the voucher in its capacity as a broker for skiing and snowboarding schools. The following service providers are responsible for all services and warranties in relation to the vouchers, in accordance with their currently applicable GTC.
7.4 Ski hire, equipment and sports equipment
ZIB issues the voucher in its capacity as a broker for ski hire, the hiring of sports and leisure equipment. The following service providers are responsible for all services and warranties in relation to the vouchers, in accordance with their currently applicable GTC.
7.5 Event tickets – local events
Unless it organises the events itself, ZIB is a broker of event tickets (concert tickets, taxi tickets, etc.). The Customer concludes a contract directly with the organiser. The organiser has its own contractual terms and conditions, which it publishes itself or which the Customer may request directly from it.
Event tickets cannot be reimbursed or exchanged by ZIB. If an event is cancelled or postponed, the terms and conditions and other arrangements of the organiser shall apply. Tickets will remain valid for any alternative time scheduled for the event (delayed date). Unless indicated otherwise, the event organiser does not permit returns or exchanges.
As an agent, ZIB does not have any influence over the quality of the event or the manner in which it is held or over crowd handling and security arrangements. Details of the above may be obtained directly from the organiser. ZIB cannot provide any guarantees for organisation and excludes any liability for organisational shortcomings.
The following service providers are responsible for all services and warranties, in accordance with their currently applicable contractual terms and conditions:
7.6 Service provider