Terms and Conditions
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").
2 Deviating, conflicting and/or supplementary agreements or general terms and conditions (regardless of their form) of the customer shall not become part of the contract, unless they have been 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 license to use the internet presence and, if applicable, the software in accordance with these general terms and conditions.
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 - with regard to such components the provider does not claim any rights for itself.
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 regarding the legality, accuracy, correctness or completeness of the materials or content (such as photographs, videos, texts, etc.) that are published in connection with the presented hotels on the website, 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, non-binding reservation request and not a binding reservation or booking - at this point in time, no contract is concluded between the customer and the hotel in question. 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 of the hotel presented on the website is made, 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 Internet presence commodity coupons, which are sent as .pdf file via email and/or in the post office way (in this case additional costs for the dispatch result) to the customer, are offered.
11. these vouchers can be given away 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 is to 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.
15 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, expiration date of the credit card and the security number of the credit card are required.
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 upon receipt of the notification of payment by "Stripe".
In the event of late or incomplete payment, the provider is entitled to withhold the voucher until full payment has been made.
18. a voucher is valid for 36 months from the date of issue/order and can be extended once for 24 months within this period at the request of the customer/holder. After this period, the voucher can no longer be used.
RIGHT OF WITHDRAWAL (VOUCHERS)
Customers who are consumers within the meaning of § 1 of the Consumer Protection Act (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 sent by post).
In order to exercise the right of withdrawal, the customer must inform the provider by means of a clear declaration (e.g. by letter, fax or e-mail) of his decision to withdraw from the contract. For this purpose, the model withdrawal form attached in the appendix may be used, which is, however, not mandatory.
21. in order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
If the contract is cancelled, the Provider 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 the proof of the return. The goods must be returned or handed over immediately and in any case within fourteen (14) days from the exercise of the withdrawal at the latest. 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 (§ 18 para. 1 no. 10 FAGG), so that withdrawal (even 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. All prices are, unless otherwise stated, final prices in euros and include the statutory VAT in the amount of currently 20%. For the dispatch of the voucher by post, additional costs will be incurred, which will also be shown during the ordering process.
25. shipping is currently only possible to countries of the European Union (with the exception of overseas territories).
The customer accepts the payment methods offered on the website during the ordering 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, default interest in the amount 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 acknowledged in writing or has been legally established by a court of law.
DELIVERY, SHIPPING COSTS, DEFAULT OF ACCEPTANCE, RESERVATION OF TITLE
The shipping costs will be disclosed to the customer before the order process is completed ("shopping cart"). If a shipping time is indicated, it is in case of doubt only a guideline and in no way a binding promise of a shipping date.
If the Customer is in default of acceptance, the Provider shall be entitled, at its own discretion, (i) to deposit the dispatched Voucher in court at the Customer's expense with debt-discharging effect (§ 1425 ABGB); or (ii) to take the Voucher into storage at the Customer's risk and with debt-discharging effect and to invoice the Customer for all costs incurred due to the default of acceptance; or (iii) to sell the Voucher by private contract 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 is the registered office of the supplier.
The provider is not liable for the impossibility or delay in the provision of services due to force majeure. This is understood to mean circumstances that were unforeseeable and unavoidable for the Provider and that are not within its sphere of influence, such as in particular, but not exclusively, natural disasters, war / terrorist activities, industrial action, lockout, attacks on the platform, server or hardware / software, interruptions in the energy supply 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 functionality and value securitization 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 case 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 set out under point 40 ff. Registration requires the entry of the name and email address or registration via Facebook.
37 In the course of registration, no user account is created, but the customer's e-mail address is added to a corresponding e-mail distribution list.
In the course of registration, the customer expressly agrees to the sending of newsletters to the email address provided by him 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 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 each time the voucher is transmitted.
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 Art. 4 Z 7 DS-GVO 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 calling up or using the website, the following (partly personal) data may also be transmitted to the provider and processed by the provider: (i) log files such as IP address, date and time of the call, 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 purposes of operational security of the Internet presence, claims management, direct marketing in analogue and digital form, existing customer advertising, statistical evaluation and the improvement of the service offering and its 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 the voucher certifies or to whom a reservation request is directed, in accordance with the provisions of the DS-GVO or with prior separate consent. However, no other information will be passed on to third parties.
The protection of personal data of the customer is carried out by organizational and technical measures, such as protection against unauthorized 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 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 stored personal data, their 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 may submit these claims to the following email address: firstname.lastname@example.org.
If the customer is of the opinion that the processing of his personal data violates applicable data protection regulations or 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 General Terms and Conditions 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 KSchG, this shall only apply insofar as this place of jurisdiction coincides with the customer's general place of jurisdiction.
Should one of the provisions of these GTC be or become 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.