Austrian National Tourist Office
Tel.: (01) 58 866-0
Fax: (01) 58 866-20
Company registration number: official register of societies and associations Zl: VIII-761
Supervisory authority in charge: Federal Police Headquarters in Vienna, Department for Associations, Demonstrations and Media Law, 101 Vienna, Schottenring 7-9
Chamber membership: none
Value added tax identification number: ATU 38158603
General Terms and Conditions of the Austrian National Tourist Office (Version of 19.07.01)
1.0 General Provisions
The Austrian National Tourist Office, hereinafter referred to in short as contractor (CN), owns and operates an internet portal set up under the address www.austria.info, with which to enable the Austrian tourism industry a global presence in the World Wide Web. These business conditions regulate the mutual rights and responsibilities of the contractor and its partners in contract, hereinafter referred to in short as client (CT). The partners in contract are obligated, to the best of their ability, to ensure that the contents posted onto the internet portal by themselves (directly or indirectly) comply with the requirements of a comprehensive, internet-based information system. Contents are to be understood as analogs such as digital data, texts, photos, graphics as well as audio- and video sequences of any kind.
The CN accepts commissions primarily solely on the basis of the following conditions. The partners in contract explicitly accept that these conditions are to be taken as legally binding, in that the latter constitute the contents of the contract.
A reference by the CT to his own " General Terms of Business " causes no validity of the same if this is not arranged specifically in writing. A modification of or supplement to these conditions is possible only by agreement and in writing. Regardless thereof the unaltered conditions remain the contents of the contract.
The nullity, ineffectiveness or non-enforceability of a provision of the business conditions do not affect the validity, effectiveness and non-enforceability of the remaining terms. Void, ineffective or non-enforceable definitions are to be replaced by such valid, effective and enforceable conditions which come closest to the economical purpose of the void, ineffective or non-enforceable conditions.
2.0 Placing of Orders
Each order must be commissioned in writing for its legally binding effect, in detailed listing and with indication of special assertions and is accepted by the CN through written confirmation of order. Every change of the order must also be done in writing.
Should the order not be able to be carried out on grounds that are not represented by the CN, the CT is obliged to pay a cancellation fee to be defined in the individual task.
3.0 Conditions of payment and rendering of accounts
Payment ensues within 30 days net following rendering of accounts by the CN. In case of default of payment the CN shall be entitled to claim from the CT default interest in the amount of 8 % of the respective amount to be paid and furthermore to demand reimbursement of the actual accrued, necessary and serviceable reminder and collection expenses as well as lawyer’s fees in accordance with RATG in the effective version. In the case of advance performances that the CN must render to third parties, the CT is obliged – after submission of invoice documents – to effect payment on account of the respective amount.
4.0 Rights and Obligations of the CT
The CT designates the CN as a competent partner. The CT is committed to support the CN in its service performance, particularly with regard to the observance of obliging terms and appointments. As far as this is required for the service performance, the CT will assist within its abilities as well as place at disposal any helpful information and contents immediately, completely and correctly.
The CT will not use the internet-portal of the CN for purposes which are illegal or are contrary to the regulations of these conditions. The CT will control its own contents and the contents of third-party websites that are hyperlinked to its contents for substance and form in such a way that these neither directly nor indirectly affect the image or reputation of the CN or violate the Austrian legal order, in particular the good customs, the Austrian competition law, intellectual property rights (including advertising rights), copyright and criminal law.
The CT guarantees already with the transmission of the data to the CN or with the placement of the contents on the internet-portal of the CN that it possesses the unrestricted ownership of the contents or disposes of these rights in other ways (for example, through right of use); this includes without restriction all rights needed in order to provide, input, transfer and publish the contents.
The CT is obliged to give the CN the gratuitous non-exclusive right for the world-wide use of these contents in connection with the operation of the internet-portal of the CN.
The CT also recognizes the CN’s right to place orders of third persons on all system pages of the CN, without the CT’s consent nor claim to remuneration.
The CN reserves the right not to execute the order or to reject the contents of the CT or to discontinue the processing of the order if there is probable cause that the contents violate applicable law; this applies in particular in the cases in which the CT or CN are requested by third parties to omission or investigations by state authorities are instituted.
The CN also has claim to these rights if the CN considers the contents unreasonable on account of their origin, their content, their form, their technical quality, etc. The CT is to be immediately informed of the rejection / discontinuation along with a specification of the reasons.
The CT is obliged to examine the contents immediately after they have been posted online for the first time and to draw attention to any mistakes within three workdays after the first online posting. At the expiration of this term the contents to be placed online are considered as approved.
The CT agrees to indemnify and hold the CN harmless from any claims, losses or damages at first demand, including legal fees, awarded in favor of a third party judicially or out of court resulting from violation of criminal, copyright, competition law and general liability laws claimed against the CN, provided that the asserted claims have their origin in the contents of the CT or the websites to which hyperlinks have been set in the contents of the CT.
If the CN should not be able to keep to the agreed upon service deadline, the CT shall grant the CN an appropriate extension in the range of at least 2 weeks, without making any claims of any sort from this delay, unless the CN was grossly at fault for the delay. This respite begins with the access of a reminder by the CT to the CN. Delays resulting from circumstances over which the CN has no direct influence shall extend the service time limit by the delay period according to the respective circumstances. Such circumstances include in particular such events that are considered within the sphere of sub-contractors of the CN who were not foreseen at the time of completion of the contract and on which it had no influence, provided that the CN does not make false selection with regard to this sub-contractor. The CT can make no claims whatsoever that arise from such delays against the CN.
6.0 Passing on of commission/order
The CN is authorized to pass the order in whole or in part to third parties. In case major parts of the contract must be passed on, the CN will inform the CT of the intended passing on. Parts of the contract are major in the sense that they exceed at least half of the entire order in value and the entire order value is at least ATS 100,000. - / € 7,265.-. This obligation to inform also exists with regard to the parts of the contract that were already assigned as being major by the CT at the start of commission.
7.0 Guarantee, Liability and Claim of CN
The CN assumes no warrantees or guarantees in respect of the qualification, customary trade, reliability, availability, punctuality and accuracy of the internet portal for any specific purpose as well as the non-violation of rights of third parties. The CT bears the risk, that the form of the contents as well as their placement correspond to its wishes and needs.
Moreover, the CN assumes no liability for damages that ensue through the use or service of the internet portal and/or the services connected therewith, through the delay or impossibility of using the internet portal, through the provision of the contents or the fact that these contents were not provided.
The CN excludes any liability for all actions taken in respect to the placement of contents onto the internet portal of the CN as well as for the thereby resulting (directly or indirectly) damages or losses. The CT assumes full responsibility for all actions taken in respect to the placement of contents on the internet portal of the CN. Under no circumstances does the CN assume liability for contents of the CT, especially not for any mistakes, false statements, incomplete information in relation to the contents and also not for losses or damages that ensue upon the use of the contents of the CT.
Insofar as the CN undertakes the placement of the contents of the CT, the CN assumes no
guaranty for the accurate rendition of the contents of the CT on the internet portal of the CN, unless the CN can be charged with deliberate or blatant gross negligence. This also applies to consequential, incidental, direct or indirect, specific or other damages of any kind, including but not only damages resulting from loss of effectivity, the loss of data or loss of profit.
The CT acknowledges that the CN has no control whatsoever of the contents of the CT. The CN assumes no liability for the accuracy, adequacy and quality of said contents nor their legal admissibility (especially with regards to the intellectual property rights). The CN is not responsible for the control of the contents of the CT. Since the CN furthermore has no control over the websites – to which the CT has hyperlinks in its contents - the CN is also not responsible or liable for the availability of such external links, does not assume the contents thereof as its own and excludes any liability or warranty in respect to these. The CN reserves however the right to inspect contents that have already been posted, the therein included links as well as the contents of the hyperlinked websites and, if necessary and where applicable, to remove these and if possible to block them.
The CN assumes no responsibility for unauthorized access to or changes of the contents as well as for any transactions undertaken through the contents posted on the internet portal of the CN. This applies especially to any violation of the rights of third parties, including the rights of intellectual property.
Any business, promotional exercise, notices, etc, including delivery and payment of goods and services as well as all other regulations, guarantees, warrantees with relation to such business, promotional exercises, notices, etc, in connection with the placement of the contents on the website of the CN, take place exclusively between the CT and another third party and are done under sole responsibility of the CT. The CN is neither directly nor indirectly responsible or liable for any part of such business transactions, promotional exercises, notices, etc.
The CN assumes no liability for any false translations between the various language versions of the CN. Furthermore, the CN can only guarantee a translation in the various language versions within 7 days of receipt of the contents to be translated.
All exclusions of liability do not apply to damages that ensue through deliberate action or blatant gross negligence by the CN. Also, claims that are based on mandatory legal provisions (e.g. product liability) remain unaffected.
The CN is entitled to all rights to inventions and other industrial property rights to works and inventions of its CTs, that arise in the framework of the services rendered.
The CN is entitled in all services rendered by it to refer to its copyright without thereby creating any claim whatsoever for the CT.
Both parties in contract are enjoined from disclosing business and company secrets as well as information received – also even by accident – on type, range of business and practical function from the respective other partner in contract during but also after termination of contract to third parties and for own use. The partners in contract are obliged during the duration of contract to uphold the confidentiality of business and company secrets of the respective partner in contract as well as of their clients, employees and members.
11.0 Protection of Rights
With the agreed upon price the acquisition of the industrial property rights (sample, brand, patent, utility model, semiconductor-protection, copyrights) is satisfied insofar as the acquisition is required for the CT to the use stipulated in the contract. With regard to such working bases which were placed at the disposal of the CN by the CT, the latter guarantees that third parties do not await use of the same and agrees to indemnify and hold the CN completely harmless with regard to any liability of claims by third parties.
12.0 Premature Termination
The contract can be dissolved by the CN for justified reasons at any time without observance of appointments and terms. Justified reasons are considered in particular as
bankruptcy proceedings are filed against the assets of a contracting party or the filing of bankruptcy is rejected in the absence of sufficient assets ;
the CT does not make available any contents or provides contents which do not correspond to the requirements of the correctness, comprehensiveness and representativeness, or the contents provided to the CN are not reasonable or are illegal or the CT violates its agreement to indemnify and hold the CN harmless from all claims;
a partner in contract itself or a third party commissioned by itself to fulfill an order violates the obligation to maintain secrecy;
the expenses for the placement and posting online of the contents of the CT inspite of reminder are not paid by the CT.
A cession of the demands resulting from the contract of the CT against the CN is possible only with the explicit agreement of the CN.
An offset against the set of claims of the CN or the enforcement of a right of retention through the CT is only admissible when the set of claims or the rights of the CT cannot be contended or are judicially established as being absolute.
15.0 Place of Performance and Stipulation as to Venue
Vienna is appointed as place of performance and of payment, unless otherwise explicitly stated in the order of commission.
For any disputes regarding this contract the partners in contract agree on the respective applicable court of the Vienna Inner City.
16.0 Applicable Law
The agreement as well as any legal disputes over the validity of this agreement are to be exclusively appraised according to Austrian law – with the exception of the UN-Acquisition Law and the IPRG.
This web site of the Austrian National Tourist Office has been set up as an open internet portal for the promotion and development of Austrian tourism. As a pure service and information platform, this site also includes links to web sites of third parties, whose contents cannot be controlled by the Austrian National Tourist Office. With the judicial ruling of 19.12.2000 (4 Ob 274/00y – Liability for Links on Websites) the Austrian Supreme Court decided that a web site operator must consider the contents of an external web site as its own and is liable for them in so far as it adopts the contents as its own. We would like to expressly point out that the Austrian National Tourist Office bears no responsibility for these web sites and the contents therein. The setting of links on the web site of the Austrian National Tourist Office is purely a service and intends to provide the user of this web site with an overview, in assembled form, of the tourism-related web sites that are available in Austria. The Austrian National Tourist Office does not adopt the contents of these web sites as its own. The access to the content of external web sites ensues at own risk and responsibility.
Users should take note that contents will also be posted on the web site for which the Austrian National Tourist Office’s partners in contract are exclusively responsible.
The Austrian National Tourist Office – similar to a bookstore or a newspaper stand – does not have the means of controlling these contents. The information, opinions, tips, statements, services, offers, etc that are expressed in these contents, are the sole responsibility of the respective partners in contract. Under no circumstances is the Austrian National Tourist Office responsible for these contents. The Austrian National Tourist Office does not endorse or guarantee the contents of these links and bears no liability whatsoever for any damages in relation to these.
The Web sites of ÖW - Österreich Werbung (The Austrian National Tourist Office) use Google Analytics, a service of Google Inc. ("Google"), to perform web analytics. Google Analytics saves so called Cookies onto your computer in order to analyse how Web sites are used. The information obtained on how you use the ÖW Web sites (including your IP address) will be transferred to a server of Google in the USA and saved. Google will use this information in order to perform analytics on the use of Web pages, such as anonymised analyses and graphics on page views and visits. ÖW only uses the data to carry out market research and to optimise its Web pages. In addition, Google may transfer this information to third parties if this is required by law, or third parties will process the data on behalf of Google. Further information on Google Analytics is available on the Internet at http://www.google.com/analytics.