GENERAL, APPLICABILITY, RIGHTS
1. These General Terms and Conditions (hereinafter referred to as "GTC") form the basis of all services and deliveries of Falstaff Hotel Collection GmbH (hereinafter referred to as "Provider") to customers who are either consumers within the definition of § 1 Konsumentenschutzgesetz – KSchG or entrepreneurs within the meaning of § 1 Unternehmensgesetzbuch – UGB (hereinafter referred to as "Customer"). They apply to all transactions within the framework of the internet presence available under the domain www.falstaffhotelcollection.com (hereinafter referred to as "Internet Presence").
2. Deviating, conflicting and/or supplementary provisions or general terms and conditions (regardless of their form) of the Customer shall not become part of the contractual relationship unless they have been expressly agreed to in writing by the Provider.
3. The Provider grants the customer a limited, personal, non-exclusive, non-transferable or non-licensable and at any time freely revocable limited license 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 contain components (in particular open source elements) which are freely available and in respect of which the Provider holds no rights - the Provider does not claim any rights for itself with regard to such components.
4. The Internet Presence and the software contain elements and content which are or may be protected in favour of the Provider or of cooperation partners (e.g. hotels) of the Provider (e.g. copyright/allied rights, trademark law, patent law/utility model law, design law, competition law or other norms) (with the exception of any open source elements pursuant to the preceding paragraph). 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 customary and necessary use of the Internet Presence by the Customer is not permitted without the prior written consent of the Provider. This includes in particular, but not limited to, the software (with the exception of open source elements), brands, names and trademarks, content, layout, design and interface of the website as well as the platform, databases, videos, photographs, texts and graphics.
5. The Provider enables the Customers to submit a non-binding reservation request for the hotels presented on the website using a form, to purchase vouchers for the hotels presented on the website online and/or to register for the Falstaff Travellers Club in order to subscribe to the Provider's e-mail newsletter.
6. The provider warrants the best possible availability of the Internet Presence within reasonable and customary standards, but accepts no guarantee or liability for the correctness, completeness, a certain characteristic, suitability or fitness for purpose, the uninterrupted, error-free or risk-free availability or the possibility of access, transmission, hardware, software or network failures, delays, errors (in particular, but not exclusively, concerning price quotations) or a certain result.
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, where such material or content are provided by the respective hotels and cannot be verified by the Provider.
8. Reservation requests transmitted through the form provided on the Internet Presence will be forwarded to the respective hotel. The Customer expressly agrees to this. This constitutes a 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 a possible reservation, the transmission of a reservation confirmation or the booking and booking processing remains the exclusive responsibility of the respective hotel. If a booking of a certain hotel presented on the website is made, (also) the general terms and conditions or other contractual provisions of the hotel operator might be applicable.
9. The Provider does not act as an intermediary. A possible contract concerning the services (accommodation, meals as well as other services) will be concluded directly between the Customer and the hotel. Any liability or warranty of the Provider towards the Customer in this context is excluded, the Provider shall, in particular, not be responsible or liable for the provision of services by the hotel.
10. On the Internet Presence, vouchers are offered, which will be sent as .pdf file via email or by conventional mail (in the latter case, additional costs for the dispatch will be charged) to the Customer.
11. These vouchers can be given away or redeemed for services (accommodation, meals, other services etc.) of certain hotels presented on the website.
12. A voucher can only be used for the services 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 services or offers of the same hotel.
13. A (full or partial) cash redemption of the services covered by the voucher is not possible. Lost vouchers cannot be replaced.
14. The voucher must be redeemed at the hotel for whose services it has been issued. A voucher cannot be redeemed for so-called blackout dates. These are days or time-periods which the hotel can determine in advance and on which the voucher cannot be redeemed (e.g. Christmas holidays). These blackout dates, as well as other special provisions, are communicated on the Internet Presence - the Customer is advised to read the information provided carefully before purchasing a voucher.
15. The vouchers can only be paid for by credit card. Payment will be processed via the online payment service "Stripe" and in this case the general terms and conditions of “Stripe” will also apply. When paying by credit card, it is required to indicate the name of the holder, the credit card number, the expiry date and the security number of the credit card.
16. "Stripe" collects the invoiced 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 dispatched after receipt of the payment notification by "Stripe".
17. In case of late or incomplete payment, the Provider is entitled to withhold the voucher until payment in full has been received.
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 by application of the Customer/holder. The voucher can no longer be used after this period.
RIGHT OF WITHDRAWAL (VOUCHERS)
19. Customers, who are consumers within the defintion of § 1 KSchG, have the right to withdraw from a concluded distance-selling-contract over the acquisition of a voucher within fourteen (14) days and without the requirement of stating a reason. The withdrawal period commences on the day on which the Customer, or a third party designated by the Customer (who is not the carrier), has taken possession of the goods (.pdf file or voucher sent by mail).
20. In order to exercise the right of withdrawal, the Customer must inform the Provider of its decision to withdraw from the contract by means of an unequivocal declaration (e.g. by letter, fax or e-mail). For this purpose, the model withdrawal form attached in the appendix may be used, but this is not mandatory.
21. In order to comply with the withdrawal period, it is sufficient for the notification to be dispatched prior to the expiry of the withdrawal period.
22. In the event the contract is withdrawn, the Provider shall reimburse the Customer for all payments received, including shipping costs (with the exception of additional costs arising from the choice of a mode of shipment other than the cheapest offered standard shipment), without delay and at the latest within fourteen (14) days upon receipt of the declaration of withdrawal. Such refund shall be made using the same means of payment used by the Customer in the original transaction, unless expressly agreed otherwise; in no event shall any charges be levied in respect of such refund. The refund can be refused until complete receipt of the goods by the Provider or until the proof of return. The goods must be returned or handed over immediately and in any case within fourteen (14) days of the exercise of the withdrawal at the latest. This period shall be deemed to have been observed if the goods are dispatched prior to 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 such loss in value is attributable to handling which goes beyond the necessary for the inspection of the condition, properties and functionality of the goods.
23. As soon as the voucher is redeemed by the customer/holder, the hotel is be obliged to provide the respective services, which constitute “accommodation or leisure services” (§ 18 (1) (10) Fern- und Auswärtsgeschäfte-Gesetz – FAGG), with the effect that a withdrawal (also vis-à-vis the hotel) is no longer possible according to the aforementioned statute, even in case the withdrawal period had not yet expired.
PRICES, CONDITIONS OF PAYMENT
24. The prices shown on the Internet Presence at the time of the order shall apply. Unless otherwise stated, all prices quoted are final prices in Euro and include the statutory value added tax of currently 20%. For the dispatch of the voucher in the mail additional costs will be charged, which will be displayed within the order procedure.
25. Currently, shipment is possible only to addresses in countries of the European union (with the exception of overseas territories).
26. The Customer accepts the payment methods offered within the Internet Presence during the ordering process, whereby the provider uses "Stripe", the external service provider (www.stripe.com).
27. The total costs of an order are immediately and fully due for payment upon ordering. If the 27. Customer is an entrepreneur, default interest in the amount of 12% p.a. shall be deemed agreed.
28. The Customer shall only be entitled to withhold payment or set-off payment against the Provider to the extent that such a claim by the Customer has been acknowledged in writing or has been determined finally and conclusively by a court of law.
DELIVERY, SHIPPING-COSTS, , DEFAULT OF ACCEPTANCE, RETENTION OF TITLE
29. The shipping costs will be communicated to the Customer before completion of the order process ("shopping cart"). If a delivery time is specified, this shall only serve as a guideline and shall in no case constitute a binding promise of a delivery date.
30. In case the Customer is in default of acceptance, the Provider is entitled, at its own discretion, (i) to deposit the voucher in court with discharging effect at the expense of the customer (§ 1425 Allgemeines Bürgerliches Gesetzbuch – ABGB); or (ii) to store the voucher at the risk of the Customer and with discharging effect and to invoice the Customer for all costs incurred due to the default of acceptance; or (iii) to sell the voucher at the expense of the Customer after prior warning. The rights of the Provider under applicable statutory provisions, in particular rights to damages, shall remain unaffected thereby.
31. The place of performance shall be the registered seat of the Provider.
32. The Provider shall not be liable for the inability or delay of performance due to force majeure. This includes circumstances which were unforeseeable and unavoidable for the Provider and outside its sphere of influence, in particular, but not limited to, natural disasters, warlike/terrorist activities, industrial disputes, lockouts, attacks on the platform, servers, hardware/software, interruptions in energy supply, non-supply by cooperation partners or any other Act of God. For the duration of the force majeure event, the Provider shall be released from its obligation to perform and shall only be obliged to perform after the force majeure event has ceased to exist in its entirety.
33. The Provider shall not be liable for the provision of the services specified in the voucher, but only for the selection of hotels, the provision of its own services, the passing on of information and the timely transmission as well as the functionality and value of the voucher.
34. The services specified in the voucher are owed by third parties and are to be rendered in the name of and for the account of the Customer in accordance with the conditions laid down by such third parties.
35. In the case of warranty claims against a third party, the statutory provisions of the KSchG for consumers and the UGB for entrepreneurs shall apply in addition to the provisions of the third party's general terms and conditions.
FALSTAFF TRAVELLERS CLUB, NEWSLETTER
36. Registration for the Falstaff Travellers Club is subject to the data protection regulations listed under clause 40 et seq. To register, one has to provide a full name and and e-mail address. Alternatively, a registration via Facebook is possible.
37. With a registration, no user account is created, but the Customer's e-mail address is added to the Provider’s e-mail newsletter distribution list.
38. By such registration, the Customer expressly declares his/her consent (pursuant to § 107 Telekommunikationsgesetz – TKG) to the receipt of newsletters to the e-mail address provided.
39. If the Customer purchases a voucher via the Provider's Internet Presence, explicit consent pursuant to § 107 TKG is not required, as the Customer is given the opportunity to unsubscribe free of charge at the time of collection of the contact-data as well as with each transmission.
DATA STORAGE, DATA PROTECTION
40. The processing of personal data of the Customer is carried out on the basis of the General Data Protection Regulation No. 2016/679 ("GDPR") and the applicable national data protection provisions, in particular the Data Protection Act.
41. The Provider is the controller within the definition of Art 4 (7) GDPR. The following personal data relating to 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 name, (ii) address, (iii) e-mail address. 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.
42. By accessing or using the website, the following (partly personal) data may also be transmitted to and processed by the Provider: (i) log files such as IP address, date and time of the access, information about the operating system used and the internet browser, website from which the access is made ("referrer URL") etc (ii) cookies, (iii) location-related information and information about the device used (depending on the corresponding settings of the device).
43. Personal data of the Customer is processed by the Provider exclusively for the fulfilment of a contract or for the implementation of pre-contractual measures (Art. 6 (1) (b) GDPR), since without these data a contract cannot be prepared, concluded or fulfilled. Furthermore, the processing is carried out to safeguard the legitimate interests of the Provider or third parties (Art. 6 (1) (f) GDPR), in particular also for the purposes of operational security of the Internet Presence, claims management, direct marketing in analogue and digital form, advertisements directed at existing customers, statistical evaluation as well as the improvement of the service and its quality.
44. Personal data will only be passed on to third parties in the course of the performance of the contract (such as to the shipping service provider) or to the third party whose service the voucher certifies or to whom a reservation request is addressed, in accordance with the provisions of the GDPR or pursuant to prior separate consent of the Customer. However, personal data will not be passed on to third parties in any other way.
45. The protection of the Customer's personal data is safeguarded through organisational and technical measures, such as protection against unauthorised access, impairment or loss and technical data security measures.
46. Personal data shall only be stored by the Provider for as long as necessary to fulfil contractual obligations, including the handling of any complaints or warranty claims, or legal obligations (corresponding storage obligations may arise in particular from tax regulations - a legal basis for the storage of personal data in this context is provided also by Art 6 (1) (c) GDPR). If this necessity no longer exists, the data will be deleted.
47. Subject to any statutory confidentiality obligations, the Customer has the following rights:
a. The right – at any time – to obtain information about stored personal data, data origin, the processing purpose and, if applicable, the recipient of such data (Art 15 GDPR).
b. The right to request the rectification, transfer, limitation of processing, blocking or erasure of personal data in case such data is inaccurate or in case the basis for processing no longer applies (Art 16, 17, 18, 20 GDPR).
c. The right to object to the processing of personal data on the basis of Art 6 (1) (f) GDPR ("protection of legitimate interests") (Art 21 GDPR). However, it should be noted that a possible objection has no effect on the admissibility of the processing of personal data on the basis of other legitimate grounds pursuant to Art 6 (1) GDPR.
Customers may address these requests / claims to the following e-mail address: firstname.lastname@example.org.
48. Should the Customer be of the opinion that the processing of personal data violates applicable data protection laws or personal claims under data protection law have been otherwise violated, the Customer has the right to lodge a complaint with the competent supervisory authority (pursuant to Art 77 GDPR).
LEGAL VENUE, CHOICE OF LAW
49. The present GTC and the contractual relationship between the Provider and the Customer shall be governed exclusively by the laws of the Republic of Austria, excluding its conflict-of-laws provisions and the UN Convention on Contracts for the International Sale of Goods.
50. 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 pursuant to § 1 UGB, shall be the competent court at the Provider's registered seat. In case the Customer is a consumer within the meaning of § 1 KSchG, this shall only apply insofar as this place of jurisdiction coincides with the general place of jurisdiction of the Customer.
51. 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 a different provision, the invalid provision shall be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties when concluding this agreement.