General terms and conditions

1.1. Scope of application

This website exclusively concerns

• fully competent consumers from age 18 with regard to bookings of individual travel services within the meaning of Section 1 (1 no. 2) of the Austrian Consumer Protection Act (KSchG). Consumer is an individual who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities; as well as
• fully competent travellers from age 18 with regard to the conclusion of package travel contracts within the meaning of Section 2 (6) of the Austrian Package Travel Act (PRG). A traveller is any person who indents to conclude a contract under the provisions of the PRG or who is entitled to travel services under such contract.

These General Terms and Conditions (AGB) apply to bookings of individual travel services and package travel carried out by consumers and travellers (hereinafter individually or collectively referred to as “Guests”) by way of distance selling within the meaning of the Austrian Distance and Off-Premises Selling Act (FAGG).

1.2. Operator

Operator of this website (hereinafter referred to in short as “NLW“) is

1.3. Note on data protection

NLW endeavours to provide an excellent service to the visitors (Guests) of this website. This includes also the protection of our contractual partners’ personal data. If Guests provide NLW with personal data, then NLW will only use such data for replying to enquiries, processing of contracts and technical administration. NLW discloses or transmits personal data only if required for contract processing or invoicing purposes or if Guests have given their prior consent. Further information on the collection and processing of personal data can be found in our Privacy policy.

1.4. Online dispute resolution

Pursuant to Regulation (EU) No 524/2013 of 21.05.2013, entered into force on 09.01.2016, entrepreneurs established in the European Union, who enter into online purchase contracts or online service contracts, and online market places established in the European Union must provide a link to the ODR platform of the EU Commission on their website:

http://ec.europa.eu/consumers/odr/.“

1.5. Applicable law

The Austrian law applies. The choice of law may not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable based on Article 6 (1) Regulation (EU) No. 593/2008 of the European Parliament and the Council of 17 June 2008 to the law applicable to contractual obligations (Rome I Regulation).

2.1. NLW’s function

This website offers enterprises, which perform travel services (e.g. accommodation, leisure activities in particular ski passes and hire of ski equipment) (hereinafter referred to in short as “Service Providers“), the possibility to offer their travel services for booking on this website on one hand and enables Guests to book these travel services through this website on the other. By booking, Guests enter a direct legal relationship with the Service Providers (e.g. hotel). NLW, as operator of this website, acts purely as agent. All contractual statements are issued by NLW on behalf of and on account of the respective Service Provider, and payments are collected by NLW on behalf of and on account of the Service Provider if payment of travel services (in part) is made through NLW. A simple, for Guests free of charge, agent agreement is concluded between NLW and the Guests. The provisions of the PRG concerning package travel contracts do not apply.

The information regarding the individually bookable travel services on this website is exclusively based on information provided to NLW by the respective Service Providers. The responsibility for the completeness, correctness and up-to-datedness of all information regarding the main characteristics of the travel service offered lies exclusively with the respective Service Providers.

2.2. Conclusion of contract

The contract between Guests and the respective Service Providers shall be concluded upon completion of the booking process. Guests receive an email with the booking confirmation, which contains the main characteristics of the purchased travel service.

Upon completion of the booking process, Guests enter a direct legal relationship with the respective Service Providers, and any defaults under the provisions of the concluded contract (e.g. accommodation contract) must be handled between the Service Providers and the Guests.

2.3. Right of revocation/Cancellation

Pursuant to Section 4 (1 no. 11) in conjunction with Section 18 (1 no.10) FAGG, a statutory right of revocation does not exist for accommodation contracts and for services provided in relation to leisure activities (e.g. ski passes, hire of sports equipment).

The cancellation terms of the respective accommodation providers (Service Providers) apply as part of the concluded accommodation contract. The Austrian General Terms and Conditions for the Hotel Industry (ABGH 2006) in the version of 15.11.2006 apply if an accommodation provider does not apply his own cancellation terms to the concluded accommodation contract. Information regarding the ABGH is available at https://www.wko.at/Content.Node/branchen/oe/Hotellerie/Allgemeine_Geschaeftsbedingungen_fuer_die_Hotellerie_(AGBH).html.

2.4. Warranty and liability

The warranty of NLW is carried out pursuant to the statutory provisions. Except in cases of personal injury and violation of important contractual obligations, NLW shall only be liable for intent and gross negligence. In the event of a minor violation of an important contractual obligation by NLW, liability shall be limited to the foreseeable damage that typically occurs.

2.5. Offsetting:

The Guests shall be entitled to offset due monetary claims payable by NLW if NLW is insolvent, the Guests‘ claims are legally related to NLW or if the claims have been legally established or have been acknowledged by NLW.

3.1. NLW‘s function

The following provisions apply to any package travel operated by NLW within the meaning of Section 2 (2) PRG. As travel operator, NLW offers package travel through this website. NLW is responsible for the performance of all travel services, within the meaning of Section 2 (3) PRG, agreed upon in the package travel contract, irrespective of whether these services are to be performed by NLW or other Service Providers under this contract.

3.2. Conclusion of contract

Guests will receive all statutory information from NLW in accordance with its obligations to provide precontractual information pursuant to Section 4 (1) PRG in clear, understandable, definite and legible manner. In addition, NLW shall provide the applicable standard information sheet pursuant to Appendix I Part A (Standard information sheet for package travel contracts in cases where a hyperlink can be used). A package travel contract within the meaning of Section 2 (3) PRG between Guests and NLW shall be deemed concluded upon completion of the booking process. Guests receive an email with the booking confirmation, which contains the main characteristics of the purchased package travel and the mandatory information pursuant to Section 6 (2) PRG.

NLW shall be entitled to request the payment of deposits from Guests in accordance with Section 4 (4) Regulation on Package Travel (PRV). According to this, deposits may only be received 11 months prior to the agreed end of the journey at the earliest. Deposits exceeding 20% of the travel price may not be received earlier than 20 days prior to the commencement of the journey. This does not apply if NLW has risk cover without limitation as to the amount within the meaning of Section 3 (3) PRV.

3.3. Transfer of the package travel contract

Guests shall be entitled to transfer the package travel contract to a person who fulfils all terms of the contract. For this purpose, Guests must notify NLW of the transfer on a durable medium within a reasonable period prior to the start of the package travel. A notification period of at least 7 days prior to the start of the package travel shall be deemed as appropriate.

The guest who transfers the package travel contract and the person who enters the contract instead shall be liable as joint and several debtors towards NLW with regard to the still outstanding amount of the travel price as well as any additional fees, charges and other costs incurred due to transfer. NLW must inform the guest who transfers the contract about the actual costs of the transfer. Such costs must be reasonable and must not exceed the actual costs incurred by NLW due to the transfer of the package travel contract.

NLW must issue a document containing the additional fees, charges and other costs incurred due to transfer of the package travel contract to the guest who transfers the contract.

3.4. Cancellation

Pursuant to Section 10 (1) PRG, Guests may terminate the package travel contract without reason prior to the start of the package travel at any time. If Guests terminate the package travel contract in accordance with this paragraph, then NLW shall be entitled to payment of appropriate and reasonable compensation. Thus, appropriate compensation fees are specified in the package travel contract. Such fees must be calculated in accordance with the time interval between the cancellation and the intended start of the package travel as well as in accordance with the expected expenses saved and the income from any other use of the travel services. If no lump-sum compensation has been contractually agreed, the compensation shall be equal to the price of the package travel less the expenses saved and the income from any other use of the travel services.

3.5. Duty to render assistance

NLW must assist Guests in difficulties immediately and within reason, in particular with regard to the provision of appropriate information about health services, local authorities and consular assistance and support when establishing distance communication connections and searching for alternative travel arrangements.

For the assistance rendered, NLW may request reasonable remuneration if Guests have caused the difficulties themselves deliberately or through negligence. Such remuneration must not exceed the actual costs incurred by NLW.

3.6. Warranty and liability

NLW’s warranty and liability for breach of contract is subject to the legal provisions (Sections 11, 12, 17 PRG). Pursuant to Section 11 (2) PRG, Guests must notify NLW of any breach of contract detected during the performance of the travel services agreed in the package travel contract immediately, taking into account the particular circumstances of each case. Failure to notify shall not limit the warranty claims to which Guests are intitled to, but may be considered as contributory negligence in case of assertion of claims for damages (Section 12 (2) PRG).

3.7. Offsetting:

The Guests shall be entitled to offset due monetary claims payable by NLW if NLW is insolvent, the Guests‘ claims are legally related to NLW or if the claims have been legally established or have been acknowledged by NLW.

3.8. Compulsory insolvency insurance

The TVA undertakes as a processor in accordance with §2 Paragraph 14 PRV in the event of the insolvency of the person entitled to perform the travel service in accordance with §1 Paragraph 3 PRV and in the event of a claim on the guarantee / s to take over the examination and processing of the claims of the travelers and to take over the events necessary for the return journey of the travelers To carry out the order and invoice in accordance with the conditions specified in the guarantee (s). The TVA is available under the following contact details in accordance with the requirements of the PRV.

TVA-Tourismusversicherungsagentur GmbH
Baumannstraße 9/8
1030 Wien
24h Notfallnummer +43 1 361 9077 44
abwicklung@tourismusversicherung.at
www.tourismusversicherung.at

Further information on NLW’s permission to perform travel services can be found on the website https://www.gisa.gv.at/abfrage under GISA number 30186590.