General Terms and Conditions

1. Scope and validity of the contract

For the relationship between bergfex GmbH and the customer, website or app user, the following general terms and conditions apply exclusively and Privacy policy.
Do you have general questions about our apps, My bergfex or other areas? You can find detailed information on subscriptions, cancellations and more in our FAQ.

2. My bergfex/discussion forums

The discussion forum at bergfex is a public platform for the expression of opinions. We kindly ask you to be objective, factual and not offensive in any way. The publication of comments that serve the purpose of advertising products or services is prohibited (the removal of these comments is at the discretion of bergfex GmbH). The comments of users do not reflect the opinion of the editorial team. bergfex GmbH accepts no liability for their content. Each responsible tourism region will receive a copy of the forum entry. bergfex GmbH is authorised to delete comments at any time, even without giving reasons, and/or to pass on the author's data to third parties if necessary (by using the forum, the user expressly agrees to this). Furthermore, bergfex GmbH reserves the right to block or delete user accounts without giving reasons.
The deletion of comments and accounts is at the sole discretion of bergfex GmbH, whereby it is expressly stated that the forum user cannot assert any claims or demands whatsoever against bergfex GmbH.

3. Newsletter

3.1 Inserts and offers in the bergfex newsletter are made available directly by customers and partners of bergfex GmbH (these are therefore also responsible for their content). bergfex is authorised to forward enquiries (e.g. from newsletter subscribers, visitors, etc.) directly to the respective customer/partner and, at the request of the subscriber/visitor, also to transmit their contact details. The respective contact information (of the person responsible for the activation) can be viewed at any time on the landing page of the customer/partner.

3.2 Newsletter mailings by bergfex GmbH are and have only been carried out with the consent of the person concerned. This consent is given in particular in the areas of "enquiries" (to areas/accommodation), competitions, etc. Cancellation is possible at any time without giving reasons at the address www.bergfex.at/newsletter, as well as in every newsletter sent to you. The consent obtained gives bergfex GmbH the right to send and forward information to the respective person.

4. company presentations / accommodation & sports providers

4.1 Contract term

The term of the contract for company presentations is one year from the date of registration. If bergfex GmbH has not received written cancellation from the contractual partner by the end of the term (by post or e-mail), the contract shall be extended by a further year in each case.

4.2 Cancellation

There are no cancellation periods for company presentations on bergfex. It can be cancelled at any time until the end of the contract year at the latest - the current term (in which the business is at the time of cancellation) must always be paid in full. After cancellation, the company remains present on bergfex until the end of the contract period and is then removed from bergfex (there is no pro rata reimbursement of costs or similar).

4.3 Presentation fees/installation fees

There are no set-up fees for business presentations on bergfex, provided that the presentation is completely filled with content (descriptions, photos, prices, seasons, etc.) independently by the contractual partner via a provided online access. The presentation fees for the company presentations are charged once a year by bergfex and are payable no later than 10 days from receipt of the invoice without any deduction and free of charge (in the event of late payment, € 5 or € 10 will be charged for reminder and expense charges). In the event of non-compliance with the agreed payments and payment deadlines, bergfex is authorised to delete the presentation at any time. All prices are exclusive of statutory value added tax.
A business presentation on bergfex is defined by a single business with a physical address of one operator (it is not allowed to present/advertise several independent businesses of one/or different operators in one presentation, these businesses must be listed in separate presentations).

5. advertising/online marketing, agencies

5.1 Advertising/online marketing

Bookings for advertising measures (online marketing) on bergfex can be concluded in writing (by post or e-mail) and/or verbally. There are two possibilities that lead to the conclusion of the contract: 1. the customer receives a written order confirmation by e-mail from bergfex GmbH. If the customer does not object within 3 days after receipt of the order confirmation, the order is considered confirmed/booked. 2. a contract is also concluded by an offer signed by the customer (made by bergfex GmbH). The customer is obliged to independently submit all content (texts, photos, videos, etc.) necessary for the booked advertising form(s) to bergfex GmbH in good time, i.e. at least 5 days before the start of the campaign. If the advertising forms do not arrive on time, bergfex GmbH reserves the right to invoice the costs in full without having to present the advertising form(s). The fees for the booked advertising forms are to be paid within 10 days of receipt of the invoice without any deduction and free of charge (in the event of late payment, € 5 or € 10 will be charged for reminder and expenses).

5.2 Agencies

An agency is considered a supporting agency if it demonstrably acts on behalf of a customer and supports him with regard to the planning, booking, implementation or optimisation of advertising measures on the bergfex GmbH platform. The support must be proven to bergfex GmbH by means of a written notification, bergfex GmbH is also entitled to demand proof that the agency is an officially registered advertising agency. bergfex GmbH is entitled to request confirmation from the customer to clarify the authorisation to provide support. The recognition as a supervising agency is only effective for the period in which the agency contractual support actually exists. Continuous or permanent recognition beyond the end of the support expressly does not take place. bergfex GmbH grants the agency an AE (advertising expedition commission) for the duration of the actual support of the customer. The AE is calculated according to the respective net advertising volume booked by the customer on the platform within this period. An entitlement to AE exists exclusively for those periods in which the agency is recognised as the agency providing support and carries out its activities for the customer. If the support ends, the entitlement to AE expires at the end of the day on which the agency-contractual relationship ends. There shall be no entitlement to commission for subsequent bookings made by the customer unless the support is resumed and notified accordingly. The agency undertakes to inform bergfex GmbH immediately of any change or termination of the support. If such a notification is omitted, bergfex GmbH is entitled to suspend or retroactively correct the AE grant for the period in question or to invoice amounts. For existing customers/contract partners of bergfex GmbH, no AE can be invoiced.

6. Prices, taxes and fees

In the B2C (Business to Consumer) area, all prices are quoted in euros (€) and include statutory VAT. In the B2B (Business to Business) area, all prices are quoted in euros (€) excluding statutory VAT. All fees and taxes (in particular VAT) are calculated on the basis of the applicable legal situation.

7. Copyright

All contents of the bergfex GmbH website are protected by copyright. Unauthorised use or reproduction will be prosecuted under criminal and civil law. All retrievable data, graphics and information are for information purposes only and may not be copied or used, even in part, without authorisation. Any kind of copying or even partial re-utilisation on external sites will result in claims for damages. Texts, images, videos and data may only be used after consultation with bergfex GmbH.

8 Liability/rights

Content and data on the website and in the mobile applications ("apps") are entered directly by those responsible for the respective partners (tourism associations, mountain railways, accommodation, hotels, etc.) via online access to bergfex. bergfex GmbH assumes no liability for the data entered. bergfex GmbH is indemnified and held harmless by its partners for all data entered by them, regardless of the legal grounds. bergfex GmbH cannot guarantee the completeness and accuracy of all data and assumes no liability for this. Liability for slight negligence is excluded. This applies in particular to data such as snow values, weather, etc.). Compensation for consequential damages and financial losses, unrealised savings, loss of interest and damages from third-party claims against the contractor is excluded in any case.

8.1 Content partners/booking engines

bergfex GmbH accepts no liability whatsoever for legal disputes, damages, claims for compensation, etc. which have come about via a partner integrated under bergfex GmbH (or its external data supplied) (e.g. booking engines from Tiscover, Interhome, Feratel, Snowtrex, Blue-Tomato, etc.). The injured party can only contact the respective partner without exception. bergfex GmbH is authorised to pass on the addresses/contacts of the partner directly to the injured party. The terms and conditions listed there always apply. The respective contractual partner undertakes to indemnify and hold bergfex GmbH harmless in all cases whatsoever.

8.2 Tours

8.2.1 bergfex GmbH assumes no liability or guarantee for the accuracy, correctness, completeness and permissibility of the tours presented on its platform (hikes, mountain tours, mountain bike tours, snowshoe tours, etc.) - this also applies in particular to the presentation and use in the mobile applications ("apps"). bergfex GmbH (as the tour forum operator/provider) is unable to check every single tour due to the large number of tours presented (which originate from tourism organisations, users and/or partner companies, among others). Anyone who undertakes one of the tours described is therefore responsible for selecting the route, assessing the dangers (especially in alpine terrain), assessing personal fitness, orientation, etc. Travelling on the tours is always at your own risk; this also applies in particular to the use of GPS tracks. Any local regulations, such as a ban on mountain bikes, etc., must be observed in all cases, as the local conditions may have changed due to natural events, road closures, etc.

8.2.2 bergfex GmbH offers third parties (tourism organisations, users/visitors, etc.) the opportunity to present tours on its platform and assumes no liability for illegal content. bergfex GmbH reserves the right to remove illegal tour presentations immediately after becoming aware of them.

8.2.3 The authors of hikes, mountain tours and mountain bike tours assure that they have described them to the best of their knowledge and belief and that they are legally permissible and free from third-party rights. However, they assume no liability or guarantee for the accuracy of the information. Any liability for damages of any kind arising from the use of the contents of the platform provided by bergfex GmbH is therefore excluded by both bergfex GmbH and the authors.

8.2.4 As a tour forum operator/provider, bergfex GmbH reserves the right to change or delete the tours, presentations, etc. offered at any time and to remove illegal content immediately after becoming aware of it.

8.3 Images/Photos/Videos

By accepting these GTC and by subsequently sending, transmitting online or uploading image and video material, you give your consent to the use and publication of image and video material (e.g. photos and/or videos for tours, panoramic maps, piste maps, hotels, accommodation, landscape images, etc.) by bergfex GmbH and confirm that you are in possession of the unrestricted rights to the material sent (this also includes all music rights such as for videos, etc.). bergfex GmbH shall be indemnified and held harmless for any disputes resulting from transmitted images/photos/videos, regardless of the legal grounds. Payments on the part of bergfex GmbH regarding image and/or video rights violations can be invoiced directly by bergfex GmbH to the respective customer/transmitter. We ask you not to send any confidential or copyrighted information to us via this website. Proven copyrighted material will not be tolerated and will be removed immediately. Please note that we consider any information or material that reaches us in this way to be non-confidential. If you nevertheless send us confidential information or material, you grant us an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, retransmit and distribute it. We reserve the right to use this material as we see fit, including reproduction, publication, distribution on these pages or in any other known or future bergfex GmbH media. Under no circumstances will you be entitled to payment if we use your submission for commercial purposes.
bergfex GmbH accepts no liability in the event of unauthorised use or forwarding of the image material, unauthorised granting of reprint rights to third parties or unauthorised production of any kind of copies and their forwarding to third parties.

8.4 Content

By entering and/or transmitting data to bergfex GmbH, the users/partners (website users, app users, tourism associations, mountain railways, accommodation operators, etc.) grant bergfex GmbH an unlimited, irrevocable right to use, reproduce, display, execute, modify, forward and distribute the transmitted content/data (such as photos, texts, maps, descriptions, tracks, etc.). bergfex GmbH reserves the right to use this material as it sees fit; this includes copying it and passing it on to customers of bergfex GmbH. The user/partner is solely liable for the correctness of the data. bergfex GmbH shall be indemnified and held harmless for all data entered and transmitted by your users/partners, regardless of the legal grounds. The injured party can only contact the respective user/partner without exception.

8.5 Company presentation

bergfex GmbH assumes no liability for the content (photos, texts, prices, seasons, etc.) of the businesses listed on bergfex (accommodation, sports providers, etc.). bergfex GmbH is authorised to change, correct and, if necessary, delete the content (texts, prices, photos, etc.) independently. The contractual partner (company) agrees with the conclusion of the contract that bergfex GmbH is authorised to take over all contents (texts, photos, etc.) from the homepage of the contractual partner independently, even without consent, in order to present them on bergfex. bergfex GmbH assumes no liability for the data taken over.

8.6 Webcams

bergfex GmbH accepts no liability for the operation and functionality of the webcams presented on bergfex. By integrating the webcams, the partners (tourism associations, mountain railways, accommodation providers, hotels, webcam partner companies, etc.) agree that bergfex GmbH is authorised to save webcam images (e.g. for daily archives, etc.). Furthermore, bergfex GmbH is authorised to display the integrated webcams with your content partners or to transmit the webcam images to them. The integration of webcams is at the discretion of bergfex GmbH and can be refused at any time. bergfex GmbH also has the right to remove webcams at any time and without giving reasons. It is expressly stated that the webcam operator cannot assert any claims or demands whatsoever against bergfex GmbH in this regard.

8.7 Website/Web products/Newsletter

bergfex GmbH endeavours to ensure continuous operation of the platform and the web products (e.g. homepages, accommodation presentations, sports providers, etc.). bergfex GmbH assumes no liability for server-related failures, regardless of the time and duration. Compensation for consequential damages and financial losses, unrealised savings and damages from third-party claims is excluded in all cases. Newsletter contents (offers, etc.) are transmitted directly from the respective partners/customers to bergfex GmbH for advertising purposes. bergfex GmbH assumes no liability for the advertised content; only the client (partner/customer) is liable for this.

8.8 Mobile applications ("Apps") for smartphones

bergfex GmbH accepts no liability for the accuracy and completeness of the content and data in mobile applications. Liability for slight negligence is excluded (this applies in particular to data such as tour content and presentation, snow values, weather, etc.). By using the mobile applications, the user expressly agrees to the General Terms and Conditions of bergfex GmbH.

9. Place of jurisdiction

All disputes arising from this contract, including legal disputes regarding its existence or non-existence, shall be decided exclusively by the competent court of the information processor, regardless of the amount in dispute - the place of jurisdiction is Graz/Austria. The Information Processor shall be free to take legal action against the Client before another court. Austrian law shall apply exclusively.

10. Miscellaneous

Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract.

Partner

Axmann & Niesner: Lawyer Graz Styria