Home Terms of Service
General Terms of Business for AREA 47
Read carefully!
Dear Guest:
Many thanks for your interest in the services of AREA 47!
Please note that the services of AREA 47 can only be reserved and enjoyed on the basis of our General Terms of Business (GTC). In order to keep the applicable GTC as understandable as possible - under consideration of our broad scope of services - we have created two different GTC.
- The General Terms of Business for Day Guests (I) apply in general to visitors of AREA 47 (restaurants, “Water AREA,” Event hall etc.), to the purchase of admission tickets, for reserving of day tours (e.g. rafting tours, mountain bike tours etc.) and also when reserving the attractions of AREA 47.
- The General Terms of Business for Reserving of Package Deals in AREA 47 (II) will only apply if you are also reserving accommodation services (package tours or accommodation only) with us.
These GTC are provided separately on the following pages. Please read the applicable GTC carefully.
Have a great time in AREA 47!
Your AREA 47 Team
I. General Terms of Business for Day Guests
Release date 22.04.2021
Contract partner:
AREA 47 Betriebs GmbH (hereinafter: “AREA 47“)
Managing Directors: Christian Schnöller
Ötztaler Ach Straße 1, 6430 Ötztal Bahnhof, Austria
Phone: +43 5266 8 76 76
Fax: +43 5266 8 76 76 76
E-Mail: info@area47.at
Web: www.area47.at
UID: ATU 65217801
1. Applicability
1.1. The General Terms of Business for Day Guests (I) apply in general to visitors of AREA 47 (restaurants, “Water AREA,” Event hall etc.), to the purchase of admission tickets, for reserving of day tours (e.g. rafting tours, mountain bike tours etc.) and also when reserving the attractions of AREA 47. These GTC apply regardless of what type of contract is implemented (e.g. written, oral, by fax, telephone or via the online reservation system at area47.at.
1.2. These terms of business have only subordinate application if the guest reserves a package deal at AREA 47. In this case, the “General Terms of Business for Reserving of Package Deals in AREA 47” shall take precedence. If guests who have booked a package deal as defined in these “General Terms of Business for Reserving of Package Deals in AREA 47” and also reserve the attractions indicated in Section 1.1. of this GTC, then this GTC shall also apply and the guest shall take into account and observe the regulations regarding proper conduct contained therein.
2. Contract Implementation between AREA 47 and the Guest
2.1. The person making the reservation must be at least 18 years old and expressly certify to be authorized to make the reservation in favor of the stated (additional) persons involved in the package deal. The participation of minors in day tours and the use of certain services is sometimes restricted to certain age limits (see https://area47.at/en/wp-content/uploads/2021/04/Altersbegrenzungen_2021_neu_E.pdf ) and under certain circumstances a permission statement must be provided by a parent or guardian (see https://area47.at/en/wp-content/uploads/sites/2/2019/05/Parental-Confimation.pdf). In case of pregnancy the participant is able to cancel free of charge up to 7 days before purchase of services the day tour or certain services, but not any overnight stay (in this respect, the General Terms and Conditions for booking packages in AREA 47 apply).
2.2. The depiction of products and services at AREA 47 in brochures, notices or on online platforms do not represent an offer by AREA 47 to implement a contract, rather are to be understood as an invitation to guests to submit a corresponding contract offer.
2.3.A contractual relationship between the guest and AREA 47 comes into effect as follows:
- Reservations using the AREA 47 home page: To make a reservation on the home page, the guest is required to complete all required fields truthfully. Any input errors by the guest are the guest’s sole responsibility. AREA 47 will only check that all required fields are completed; the accuracy of the content in the input fields will not be checked. By sending the order/reservation via the homepage (by clicking on „buy now“) the guest submits the offer to conclude a contract to AREA 47. The guest is bound to this offer for 3 working days. The guest will then receive a confirmation of receipt by email. This confirmation of receipt also represents a binding statement of acceptance by AREA 47, so that the contract is implemented upon arrival of the confirmation of receipt (confirmation of reservation).
- Reservations by email: If the reservation is handled by email, then the guest will receive an offer from AREA 47 which – unless stated otherwise – is binding for 3 working days. Within an open binding period, the guest may conclude the contract legally binding.
- Reservations by other means (e.g. on site): Implementation of the contract shall be in accordance with the general legal principles.
2.4. AREA 47 reserves the right - depending on available space - to restrict the sale of reservations to particular days or to particular times.
2.5. The contractual relationship between AREA 47 and the guest is determined by the individual agreement specified in the reservation process and by the present GTC. The scope and content of the reserved services are indicated from the individual agreement in the reservation process or (subordinate) from the current brochure.
3. Right of Withdrawal
3.1. The services offered by AREA 47 pertain to services within the meaning of § 18 paragraph 1 line 10 FAGG, which are provided in connection with leisure activities and are provided at a particular time or within a precisely defined period of time. Consequently, even when making an online reservation, the guest is not entitled to withdraw from the contract pursuant to FAGG § 18 paragraph 1 line 10.
3.2. Nevertheless, the guest is granted a right of withdrawal from the reserved services (but not with regard to vouchers), and this right can only be exercised in regard to all reserved services and the guest shall be obligated to compensate AREA 47 for damages – unless otherwise stated in the service description by AREA 47 - depending on the time when the withdrawal request is received:
- up to 30 days before the reserved date of service: free of charge
- from day 29 up to day 22 before the reserved date of service: 20% of the total price of the reserved service;
- from day 21 up to day 15 before the reserved date of service: 40% of the total price of the reserved service;
- from day 14 up to day 7 before the reserved date of service: 60% of the total price of the reserved service;
- from day 6 before the reserved date of service: 90% of the total price of the reserved service;
- on the day of the reserved date of service, or without stated withdrawal (“No show”): 100% of the total price of the reserved service.
The withdrawal by the guest shall invalidate any issued tickets etc. Upon request by AREA 47, the guest shall return any issued tickets to AREA 47 at the guest’s expense.
3.3. If the guest does not claim the reserved services (e.g. participation in events), then no refunding of costs will be allowed. This also applies in the case that a guest cannot participate in a reserved event due to the guest’s own inability (e.g. due to tardiness or inebriation of the guest).
3.4. In case of pregnancy the participant is able to cancel free of charge up to 7 days before purchase of services the day tour or certain services unsuitable for pregnant women, but not any overnight stay.
3.5. If a reserved event requires a minimum number of participants, then AREA 47 reserves the right to withdraw from the contract if the minimum number of participants is not attained, and fees will be refunded to guests.
3.6. AREA 47 can withdraw from the contract without compensation of damages if we are prevented from performance on the contract due to force majeure, unavoidable or exceptional circumstances.
4. Pricing, Terms and Types of Payment
- The prices indicated on the reservation offer are stated in euros (€), including sales tax. Other costs and fees are stated separately. Any concessions shall be granted solely upon presentation of a relevant photo ID.
- Unless otherwise agreed in advance, the payment shall be due upon implementation of the contract.
- Payment can be made by credit card (MasterCard, VISA) or by prior transfer to the AREA 47 bank account indicated in the reservation process. Implementation of a contract on site shall require payment in cash.
- Vouchers or rebates cannot be exchanged for cash.
5. General Contract Terms
- The subject matter of the contract is the provision of a comprehensive leisure time infrastructure and other tourist services (such as rafting, mountain biking etc.). The provision of contractually agreed services shall usually occur directly by AREA 47. But sometimes also external providers (e.g. outside guides, equipment lending etc.) may be used.
- Any participation in AREA 47 services requires a valid admission ticket and other evidence of paid reservation.
- Admission tickets and other evidence of paid reservation are specific to the buyer and are not transferrable. This provision does not apply to vouchers or if another stipulation is put into effect in an individual case.
- The illegal use of admission tickets and other evidence of paid reservation and/or subreption of services will be prosecuted by law and the cognizant authorities will be notified. Any misuse shall result in immediate cancellation of the admission ticket/evidence of reservation. Do not buy admission tickets/evidence of reservation from third parties - they may have been invalidated!
- Lost admission tickets/evidence of reservation shall not be replaced. If admission tickets/evidence of reservation (such as season tickets) are forgotten, then a single day ticket must be acquired. Subsequent refunding of costs is not possible.
- When accepting the services of AREA 47 the guest gives express consent to the present GTC, to the house rules (https://area47.at/en/wp-content/uploads/2021/04/AREA-47-house-rules-2021.pdf) , the instructions posted at the entrances to the attractions (including terms of use) and to the general precautionary requirements relating to the particular sporting event. In case of an egregious violation of these rules or failure to comply with instructions from employees of AREA 47, the guest may forfeit the admission ticket or evidence of reservation, without any compensation, and may be expelled from the grounds. In addition, disorderly conduct, drunkenness, use/possession/sale of drugs, filthiness, disturbing the peace, bothering of other guests or of public order, intentional or gross negligent damage to others’ personal property (etc.) may result in guest’s loss of admission ticket or of the evidence of reservation, without any compensation, admission to AREA 47 or to the exhibition grounds may be refused or even expulsion from the grounds may occur.
- The attractions at AREA 47 are in general not entirely suitable for persons with limited mobility, for persons with other physical or mental limitations and also for pregnant women. The reservation of services by such persons indicated herein is only allowed upon consultation in an individual case.
- The reservation of certain services (e.g. rafting, canyoning) requires an oral communication ability in German or English; in case of insufficient language skills, the provision of services may have to be refused for safety reasons.
- No refunds or price reductions shall be provided in case of an interruption in operations of individual attractions in the leisure park.
- Abuse of Season Passes: The season pass is personal and non- transferrable. The customer must carry the season pass (wristlet) with him and present it at any time on request together with an official photo ID. Attempted or actual misuse of the season ticket or refusal to show it will result in immediate withdrawal without compensation and suspension without entitlement to replacement or reimbursement.
6. Indication of Risk and Exclusion of Liability
- In connection with the guest’s participation in daily events (e.g. rafting, canyoning etc.) and when claiming other services of AREA 47 (e.g. lounging in the Water Area, including use of the infrastructure) the guest will be provided with individual information, signage or by other means about the particular risks and such involvement is at the guest’s own risk. In addition, participation in an event may require prior signing of a statement of exclusion of liability (liability waiver)
- A guest’s claim for compensation of damages may only be enforced in cases of intentional or gross negligence on the part of AREA 47. This limitation shall not apply to the compensation of damages to persons and also to claims for compensation of damages according to the EKHG or the Product Liability Law.
- Damages occurring in connection with the use of third-party services shall basically be the sole responsibility of the particular service provider. AREA 47 shall not be liable for damages caused by other guests or other third parties.
7. Data Protection
- Guests are aware that various personal data will be processed when contacting AREA 47 (inquiry, reservation, accommodation, participation in events etc.). Details of this processing can be viewed in the AREA 47 Data Protection Statement online at https://www.area47.at/info/datenschutz or at the reception desk at AREA 47. Guests are aware of and in agreement with this data protection policy.
8. Sound, Video and Photo Recording
- Preparation of sound, video or photo recording for commercial purposes is not allowed.
9. Insurance
- AREA 47 does not itself offer any accident or travel insurance. It is recommended that guests obtain their own trip cancellation, travel liability, illness and accident insurance. AREA 47 can facilitate the provision of various travel insurance policies at the Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, +43 (0) 1 317 25 00. But the insurance contract is established directly between the guest and the Europäische Reiseversicherung AG.
10. Choice of Law, Court of Record, Resolution of Disputes
- This contractual relationship and all disputes arising therefrom shall be subject to material Austrian law, with the exception of the UN Law of Purchase. This choice of law does not affect the protections afforded to a consumer by the legal provisions of the country of the consumer’s usual residence.
- The provisions of the EuGVVO and of the KSchG notwithstanding, disputes arising from this contractual relationship shall be adjudicated exclusively by the Austrian court having physical and local jurisdiction for the headquarters of AREA 47.
- The place of performance of all services by AREA 47 and of their assistants shall be at A-6430 Ötztal Bahnhof.
- If no agreement can be reached in a dispute with a consumer, then the dispute shall be presented to the state-recognized board of arbitration within the meaning of the AStG (Alternative Dispute Settlement Law) for settlement of consumer complaints (http://verbraucherschlichtung.or.at/ ). In addition, the European Commission has provided a platform for online dispute settlement (OS) which can be found at http://ec.europa.eu/consumers/odr. But AREA 47 fundamentally does not participate in extrajudicial litigation for handling of disputes. Likewise, no internal complaint proceedings are employed. For suggestions or complaints please contact info@area47.at.
11. Concluding Provisions
- Any amended or supplemental provisions of these GTC must be in writing to take effect. This also applies to any agreement to bypass this written requirement.
- These GTC may be revised or changed at any time. The GTC shall take effect on the day following the revision indicated on the website area47.at.
- Communications and implementation of any contract (contract language) shall be exclusively in German.
- The invalidity of one or of individual provisions of these GTC or of the contractual relationship governed by these GTC shall not affect the validity of the remaining provisions. The parties to this agreement shall endeavor to replace the invalidated provision by another provision which most closely represents the financial intent of the invalidated provision.
II. General Terms of Business for reservations of package deals in AREA 47
Release date 22.04.2021
Package Deal Sponsor:
AREA 47 Betriebs GmbH (hereinafter: “AREA 47“)
Managing Directors: Christian Schnöller
Ötztaler Ach Straße 1, 6430 Ötztal Bahnhof, Austria
Phone: +43 5266 8 76 76
Fax: +43 5266 8 76 76 76
E-Mail: info@area47.at
Web: www.area47.at
UID: ATU 65217801
1. Applicability
- These General Terms of Business (GTC) apply to the reserving of “package deals” and for simple accommodation services at AREA 47, regardless of whether they are handled via the online reservation system or by other means (in writing, orally, by fax or telephone).
- The term “package deals” as used in these GTC is equivalent to that used in the Federal Law on Package Deals and Associated Travel Services (Package Travel Law, PRG, § 2 paragraph 2 PRG).
- The reserving of simple accommodation services (not combined with other travel services) under these GTC is subject to the same regulations that apply to the reserving of package travel deals. Regulations that apply to the reserving of a package travel deal are thus also applicable to the reserving of simple accommodation services.
- These general terms of business do not apply if the guest reserves day events at AREA 47, acquires vouchers or other services (excepting package travel deals) at AREA 47. In such cases the “General Terms of Business for Day Guests” shall apply and the guest should take into account the regulations contained therein and observe the rules of conduct.
2. Contractual relationship between AREA 47 and the Guest
- In the case of package travel deals sponsored by AREA 47, the guest shall make the reservation directly with AREA 47.
- The person making the reservation must be at least 18 years old and expressly certify to be authorized to make the reservation in favor of the stated (additional) persons involved in the package deal. Minors may stay overnight in AREA 47 only if a guardian or a responsible and authorized adult is present throughout the stay. The participation of minors in day tours and the use of certain services is sometimes restricted to certain age limits (see https://area47.at/en/wp-content/uploads/2021/04/Altersbegrenzungen_2021_neu_E.pdf ) and under certain circumstances a permission statement must be provided by a parent or guardian (see https://area47.at/en/wp-content/uploads/sites/2/2019/05/Parental-Confimation.pdf). The participation in day tours and the use of certain services is not suitable for pregnant women and therefore not permissible. In case of pregnancy the participant is able to cancel free of charge up to 7 days before purchase of services the day tour or certain services, but not any overnight stay (in this respect, point 6 shall apply).
- A contractual relationship between the guest and AREA 47 comes into effect as follows:
- Reservations using the AREA 47 home page: To make a reservation on the home page, the guest is required to complete all required fields truthfully. Any input errors by the guest are the guest’s sole responsibility. AREA 47 will only check that all required fields are completed; the accuracy of the content in the input fields will not be checked. By sending the order/reservation via the homepage (by clicking on „buy now“) the guest submits the offer to conclude a contract to AREA 47. The guest is bound to this offer for 3 working days. The guest will then receive a confirmation of receipt by email. This confirmation of receipt also represents a binding statement of acceptance by AREA 47, so that the contract is implemented upon arrival of the confirmation of receipt (confirmation of reservation).
- Reservations by email: If the reservation is handled by email, then the guest will receive an offer from AREA 47 which – unless stated otherwise – is binding for 3 working days. Within an open binding period, the guest may conclude the contract legally binding.
- Reservations by other means: Implementation of the contract shall be in accordance with the general legal principles.
- The travel contract between AREA 47 and the guest is determined by the individual agreement specified in the reservation process and by the present GTC. The scope and content of the reserved services are indicated from the individual agreement in the reservation process or (subordinate) from the current brochure.
- The subject matter of the contract is the provision of travel services (in particular accommodation and other tourist services [such as rafting, mountain biking etc.]) by AREA 47, which under some circumstances will also contract with outside service providers.
- The General Terms for Travel (ARB 1992) recommended by the Technical Council of Travel Agents in consultation with the Travel Agents Committee of the Council on Consumer Policy shall not apply, due to their non-compliance with the current legal situation.
- Special requests by the guest shall only become a part of the contract when such requests are stated in the reservation process and are expressly accepted by AREA 47.
- Within the meaning of §9 paragraph 1 PRG the AREA 47 is entitled to make “insignificant” changes to this agreement. The guest will be informed about any such changes. In addition, AREA 47 can also suggest to the guest contractual changes within the meaning of § 9 paragraph 2 PRG; if the guest does not agree to the proposed contract changes and does not wish to accept an alternative service proposal, then the guest shall be entitled to withdraw from the contract without any consequence.
- The guest shall take note of and comply with the applicable house rules of AREA 47 (https://area47.at/en/wp-content/uploads/2021/04/AREA-47-house-rules-2021.pdf).
3. Provision of Travel Services and On-site Representatives
- The provision of contractually agreed travel services shall usually occur directly by AREA 47. But sometimes also external providers (e.g. outside guides, equipment lending etc.) may be used. Nonetheless, AREA 47 as sponsor is responsible for the proper and orderly provision of all travel services specified in the package travel services agreement.
- The travel attractions at AREA 47 are in general not entirely suitable for persons with limited mobility, for persons with other physical or mental limitations and also for pregnant women. The reservation of services by such persons indicated herein is only allowed upon consultation in an individual case.
- The use and reservation of certain travel services (e.g. rafting, canyoning) requires an oral communication ability in German or English; in case of insufficient language skills, the provision of services may have to be refused for safety reasons.
- If a guest should have difficulty during the travel, then AREA 47 is obligated and is prepared to provide immediate and appropriate support. This may proceed in particular through the provision of suitable information about health services, on-site agencies and consular assistance, and also by providing support in establishing of long-distance communications links and in a search for replacement travel arrangements. For these services AREA 47 may request a reasonable remuneration if the guest’s difficulties were intentionally or negligently incurred. But this remuneration may not exceed the actual costs incurred.
- If the guest is in difficulty or wishes to complain about a violation of contract, then the guest can contact AREA 47 directly at the travel destination. The contact data for AREA 47 are found at the very top of this document.
4. Pricing, Terms and Types of Payment
- The prices indicated on the reservation offer are stated in euros (€), including sales tax. Other costs and fees are stated separately.
- Upon implementation of the contract, but at the earliest 11 months before the agreed end of travel, the guest shall make a prepayment in the amount of 20% to AREA 47. The total remaining travel price shall be paid by the customer upon department. (at check-out).
- The prepayment can be made by credit card (MasterCard, VISA) or by prior transfer to the AREA 47 bank account indicated in the reservation process. The same payment modalities may also be used for the remainder of the travel price; at department (at check-out) a cash payment is also allowed.
5. Guarantee, Compensation of Damages
- In the event that contractually agreed travel services cannot be provided, or can only be provided in a deficient manner, by AREA 47 so that the guest suffers harm, then the rights to which the two parties are entitled are as specified according to legal regulations, in particular §§11 f PRG.
- Violations of contract that the guest experiences during the provision of travel services indicated in the travel agreement, shall be reported immediately to AREA 47 under consideration of the prevailing circumstances. The contact data for AREA 47 are found at the very top of this document. If the notice of deficiency is not given in a timely manner, then this may be deemed as the guest’s shared responsibility.
- Excepting for intentional and gross negligence, AREA 47 shall not be liable for damage to property which is not usually taken along on travel. This shall not apply provided AREA 47 has provided separate safekeeping of these articles. Therefore guests are encouraged not to bring along any particularly valuable articles and to guard any such articles appropriately.
- Guests are aware that participation in day events (e.g. rafting, canyoning, etc.) and also the usage of other services of AREA 47 (e.g. lounging in the Water Area, including usage of the infrastructure) is subject to separate General Terms of Business (“General Terms of Business for Day Guests). In this regard the particular risks will be indicated to the guest and participation in an event may require the signing of a liability waiver.
- Guests shall be liable to AREA 47 for any and all damages willfully caused by the guest or by other persons using the services of AREA 47 with the knowledge and consent of the guest.
6. Right of Withdrawal
- The guest has the right to withdraw from the travel agreement at any time before commencing the travel, without providing any reason. Provided § 9 paragraph 2 PRG does not apply (non-compensated withdrawal from contract for package travel), then the guest shall provide the following lump sum compensation of damages to AREA 47 - unless otherwise stated in the service description by AREA 47- depending on the time of arrival of the statement of withdrawal:
- to 30 days before commencing the travel: free of charge
- from day 29 up to day 22 before commencing the travel: 20% of the total price of the package travel;
- from day 21 up to day 15 before commencing the travel: 40% of the total price of the package travel;
- from day 14 up to day 7 before commencing the travel: 60% of the total price of the package travel;
- from day 6 before commencing the travel: 90% of the total price of the package travel;
- on the day of the arrival, or without stated withdrawal (“No show”): 100% of the total price of the package travel;
up to 30 days before arrival:
|
from 29 to 22 days before arrival: | from 21 to 15 days before arrival: | from 14 to 7 days before arrival: | from 6 days before arrival: | on the day of arrival |
free of charge | 20% | 40% | 60% | 90% | 100% |
- According to FAGG (§ 1 para. 2 line 8, § 18 para. 1 line 10 FAGG) there is no right of withdrawal for package trips sponsored by AREA 47.
- If the guest departs prematurely, then AREA 47 is entitled to retain the entire agreed remuneration. However, AREA 47 shall subtract any sums not expended due to non-usage of the services or sums received due to other rental of the reserved facilities. Any savings can only be counted when the particular type of accommodation can be rented to other guests during the same time period.
- If the guest does not use individual travel services (e.g. participation in included events), then basically there can be no refunding of the travel price or portions thereof. This also applies in the case that a guest cannot participate in a reserved travel service due to the guest’s own inability (e.g. due to tardiness or inebriation of the guest).
- In case of pregnancy the participant is able to cancel free of charge up to 7 days before purchase of services the day tour or certain services unsuitable for pregnant women, but not any overnight stay.
- If the reservation documents indicate a minimum number of participants, and this minimum number of participants is not attained, then AREA 47 reserves the right to cancel the trip up to 7 days prior to departure (for trips lasting up to six days) or 20 days prior to departure (for trips lasting seven days or more).
- If AREA 47 is prevented from performance on the contract due to unavoidable or exceptional circumstances, then we can withdraw from the contract without compensation of damages pursuant to § 10 para. 3 line 2 PRG.
7. Conveyance of the Package Travel Agreement
- Pursuant to § 7 para. 1 PRG, the guest is entitled to convey the package travel agreement to another person who satisfies all contractual conditions. AREA 47 must be informed about the conveyance of the agreement - using a permanent data medium and within a reasonable period of time before commencing the travel. In the event of a conveyance, the two parties involved shall be liable as joint and several parties for any still outstanding amount of the travel price, for any additional fees, costs and other expenses generated due to the conveyance.
8. Premature Cancellation of the Package Travel Agreement
- AREA 47 is entitled to cancel the package travel agreement with immediate effectif the guest makes significant, improper use of the rented facilities or if the guest’s reckless, culpable or other gross disorderly conduct disturbs the other guests or the owners or if the guest becomes ill with a contagious disease. In such an event, the guest may not request any replacement for unused services arising from the original package travel agreement.
9. Data Protection
- Guests are aware that various personal data will be processed when contacting AREA 47 (inquiry, reservation, accommodation, participation in events etc.). Details of this processing can be viewed in the AREA 47 Data Protection Statement online at https://www.area47.at/info/datenschutz or at the reception desk at AREA 47. Guests are aware of and in agreement with this data protection policy.
10. Passport and Visa Requirements
- Citizens of EU countries, of European Economic Zone countries and Switzerland do not need a visa to travel into the Republic of Austria (but travel documents should be brought along). All other nationalities are subject to visa requirements upon entry into the territory of the Schengen accord or into Austria. Tourist visits (without work permit) up to 90 days per 180 days period thus require a Schengen visa. Again, citizens of certain countries are exempted from this visa requirement. Details on particular passport and visa requirements, and on required health formalities are available from the Federal Ministry for Europe, Integration and Foreign Affairs (https://www.bmeia.gv.at/). According to current information, a visa application must be submitted at the earliest 3 months and at the latest 3 weeks before arrival.
- Guests are responsible for following all passport, visa, customs and currency regulations and all health formalities.
11. Insolvency Protection
- The insolvency protection of AREA 47 is carried out by means of a guarantee declaration of the Austrian Hotel and Tourism Bank Gesellschaft m. b. H. , Parkring 12a, 1010 Wien. The verification and settlement of the claims of the guest in accordance with the PRV and the settlement agreement is carried out by TVA-Tourismusversicherungsagentur GmbH, Baumannstrasse 9, 1030 Vienna, +43 1361 90 77 44. The guest has to contact the liquidator within 8 weeks if services are refused due to the insolvency of AREA 47. Details on AREA 47’s entitlement to travel services are available at https://www. gisa. gv. at/abfrage under the GISA number 32 953 954.
12. Insurance
- AREA 47 does not itself offer any travel insurance. It is recommended that guests obtain their own trip cancellation, travel liability, illness and accident insurance. AREA 47 can facilitate the provision of various travel insurance policies at the Europäische Reiseversicherung AG, Kratochwjlestraße4, 1220 Vienna, +43 (0) 1 317 25 00. But the insurance contract is established directly between the guest and the Europäische Reiseversicherung AG.
13. Choice of Law, Court of Record, Resolution of Disputes
- This contractual relationship and all disputes arising therefrom shall be subject to material Austrian law, with the exception of the UN Law of Purchase. This choice of law does not affect the protections afforded to a consumer by the legal provisions of the country of the consumer’s usual residence.
- The provisions of the EuGVVO and of the KSchG notwithstanding, disputes arising from this contractual relationship shall be adjudicated exclusively by the Austrian court having physical and local jurisdiction for the headquarters of AREA 47.
- The place of performance of all services by AREA 47 and of their assistants shall be at A-6430 Ötztal Bahnhof.
- If no agreement can be reached in a dispute with a consumer, then the dispute shall be presented to the state-recognized board of arbitration within the meaning of the AStG (Alternative Dispute Settlement Law) for settlement of consumer complaints (http://verbraucherschlichtung.or.at/). In addition, the European Commission has provided a platform for online dispute settlement (OS) which can be found at http://ec.europa.eu/consumers/odr. But AREA 47 fundamentally does not participate in extrajudicial litigation for handling of disputes. Likewise, no internal complaint proceedings are employed. For suggestions or complaints please contact info@area47.at.
13. Concluding Provisions
- Any amended or supplemental provisions of these GTC must be in writing to take effect. This also applies to any agreement to bypass this written requirement.
- These GTC may be revised or changed at any time. The GTC shall take effect on the day following the revision indicated on the website area47.at.
- Communications and implementation of any contract (contract language) shall be exclusively in German.
- The invalidity of one or of individual provisions of these GTC or of the contractual relationship governed by these GTC shall not affect the validity of the remaining provisions. The parties to this agreement shall endeavor to replace the invalidated provision by another provision which most closely represents the financial intent of the invalidated provision.