GTC

General Terms and Conditions

1. Applicability, Conclusion of Contract
1.1 G.A. Service GmbH (hereinafter referred to as the “Agency” or “Provider”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the Agency and the customer, even if no express reference is made to them. Sections 1 through 17 of these GTC govern the agency relationship and are, in this respect, applicable exclusively to legal relationships with businesses (B2B). Section 18 applies to the purchase of gift certificates by consumers (B2C). In the event of a conflict, the provisions of Section 18, as well as the mandatory consumer protection provisions, shall take precedence over the remaining provisions of these GTC for consumers.
1.2 The version of these GTC valid at the time the contract is concluded shall apply. Deviations from these GTC, as well as any supplementary agreements with clients, require the Agency’s express written confirmation.
1.3 Any terms and conditions of the customer shall not be accepted, even if known, unless otherwise expressly agreed in writing on a case-by-case basis. The Agency expressly objects to the terms and conditions of individual customers. No further objection by the Agency to a customer’s terms and conditions is required.
1.4 Changes to the General Terms and Conditions will be communicated to the client and shall be deemed agreed upon if the client does not object to the amended General Terms and Conditions in writing within 14 days. The client is expressly advised of the consequences of failing to object, as well as of the specific clauses that have been amended. This presumption of consent does not apply to changes to essential aspects of the services or fees.
1.5 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or of the contracts concluded on the basis thereof. The Agency undertakes to replace an invalid provision with a valid provision that most closely approximates the economic purpose of the invalid provision.
1.6 The Agency’s offers are subject to change and non-binding.
1.7 The written form requirement of these General Terms and Conditions is also satisfied by electronic communications in a reproducible form, in particular email. Communications via messenger or social media channels do not satisfy the written form requirement, unless expressly agreed otherwise in individual cases.

2. Social Media Channels and Online Platform Services
The agency expressly informs the client, prior to the placement of an order, that the providers of social media channels and other online platform services (e.g., Meta, X, LinkedIn, TikTok, Google, hereinafter “Providers”) reserve the right in their terms of service to reject or remove advertisements and promotional content for any reason. The Providers are therefore not obligated to forward content and information to users. There is thus a risk, which the Agency cannot predict, that advertisements and promotional content may be removed without cause. In the event of a complaint from another user, the providers do grant the opportunity to submit a counterstatement, but even in this case, the content is removed immediately. Upon the entry into force of Regulation (EU) 2022/2065 (Digital Services Act – DSA) on February 17, February 2024, as well as the accompanying national legislation (KDD-G, Federal Law Gazette I No. 182/2023), providers are required to have complaint and restoration mechanisms in place, as well as a out-of-court dispute resolution process through KommAustria or RTR-GmbH. The use of these mechanisms is expressly outside the Agency’s responsibility. The Agency operates on the basis of the providers’ terms of use, over which it has no influence, and also bases the client’s order on these terms. By placing an order, the client expressly acknowledges that the providers’ terms of use partially determine the rights and obligations of any contractual relationship. Notwithstanding the above-mentioned potential limitations, the Agency nevertheless always intends to execute the client’s order to the best of its knowledge and belief, while complying with the providers’ guidelines and the labeling requirements under Section 26 of the DSA.

3. Protection of Concepts and Ideas
If a potential client has already invited the agency in advance to develop a concept, and the agency complies with this invitation before the main contract is concluded, then the following provision applies:
3.1 By virtue of the invitation and the agency’s acceptance thereof, the potential client and the agency enter into a contractual relationship (“Pitching Agreement”). This agreement is also governed by the General Terms and Conditions.
3.2 The potential client acknowledges that, by developing the concept, the agency is already providing cost-relevant preliminary services, even though the potential client has not yet assumed any performance obligations.
3.3 The linguistic and graphic elements of the concept, to the extent that they meet the threshold for originality, are subject to the provisions and protection of the Copyright Act. use or modification of these parts without the Agency’s consent is therefore generally prohibited for the potential client.
3.4 The concept also contains advertising-related ideas that do not meet the threshold for originality and thus do not enjoy the protection of the Copyright Act. These ideas mark the beginning of a creative process and can serve as the starting point for everything and thus defined as the origin of marketing strategies. Therefore, those elements of the concept that are distinctive in themselves and characteristically defining in marketing strategies are protected. For the purposes of these Terms and Conditions, ideas include, in particular, advertising slogans, advertising copy, graphics, and illustrations, advertising materials, etc., even if they do not meet the threshold of originality.
3.5 The prospective client agrees to refrain from commercially exploiting or having exploited, or using or having used, the creative advertising ideas presented by the agency as part of the concept outside the framework of a main contract to be concluded at a later date.
3.6 If the prospective client believes that the agency has presented ideas that the client had already conceived prior to the presentation, the client must notify the agency of this via email within 14 days of the date of the presentation, providing evidence that allows for a chronological determination.
3.7 Otherwise, the Agency and the client shall assume that the Agency has presented the potential client with an idea that is new to him. If the client uses the idea, it shall be presumed that the Agency is entitled to compensation for it.
3.8 The potential client may discharge itself from its obligations under this provision by paying reasonable compensation, calculated on a case-by-case basis, (plus 20% sales tax). Discharge shall take effect only upon full receipt of the compensation payment by the agency.

4. Scope of Services, Order Processing, and the Client’s Obligations to Cooperate
4.1 The scope of the services to be provided is set forth in the service description in the agency agreement or in any order confirmation issued by the agency, as well as in any briefing minutes (“Offer Documents”). Subsequent changes to the the scope of services require written confirmation by the Agency. Within the framework specified by the Client, the Agency has creative freedom in fulfilling the order.
4.2 All services provided by the Agency (in particular all preliminary drafts, sketches, final artwork, proofs, blueprints, copies, color prints, and electronic files) must be the Client to review and approve them within three business days of receipt by the Client. If this period expires without any response from the Client, they shall be deemed approved by the Client.
4.3 The Client shall provide the Agency, in a timely and complete manner, with all information and documents necessary for the performance of the services. The client shall inform the agency of all circumstances relevant to the execution of the assignment, even if these become known only during the course of the assignment. The client shall bear the costs incurred if work must be repeated or delayed by the agency as a result of the client’s incorrect, incomplete, or subsequently modified information.
4.4 The client is further obligated to review the documents provided for the execution of the assignment (photos, logos, etc.) for any copyrights, trademarks, service marks, or other third-party rights, and guarantees that the documents are free of third-party rights and may be used for the intended purpose. The Agency expressly disclaims liability in cases of mere slight negligence or after fulfilling its duty to warn in its internal relationship with the Client regarding a violation of such third-party rights by the documents provided. If the Agency is held liable by a third party due to such a legal violation, the Client shall indemnify and hold the Agency harmless. The client undertakes to compensate the agency for all losses incurred as a result of a third-party claim, in particular the costs of reasonable legal representation. The client undertakes to assist the agency in defending against any third-party claims. The client shall provide the agency with all relevant documents for this purpose without being asked.

5. External Services, Engagement of Third Parties, and Use of AI Tools
5.1 The Agency is entitled, at its sole discretion, to perform the service itself, to engage knowledgeable third parties as agents in the performance of the contractual services, and/or to substitute such services (“External Services”).
5.2 The engagement of third parties in connection with an outsourced service shall take place either in the Agency’s own name or in the Client’s name, the latter only after prior notification to the Client. The Agency shall select such third parties with due care and ensure that they possess the necessary professional qualifications.
5.3 The Client shall assume any obligations toward third parties that have been disclosed to the Client and that extend beyond the term of the contract. This expressly applies even in the event of termination of the agency contract for good cause.
5.4 The Agency is entitled to use cloud, SaaS, and artificial intelligence tools (in particular generative language, image, and video models). Such use shall be deemed a third-party service within the meaning of this Section 5 and does not require separate consent from the Client, provided that data protection and copyright obligations are upheld.
5.5 If, in the course of providing services, AI-generated content is produced that falls under Article 50 of Regulation (EU) 2024/1689 (AI Regulation), the Agency shall label such content in an appropriate manner as AI-generated. The Client is required to retain this label when using the content. The treatment of AI-generated content under copyright, neighboring rights, and usage rights shall be separately regulated in the respective individual contract between the Agency and the Client. Section 10 of these General Terms and Conditions applies mutatis mutandis to AI-generated content that meets the criteria for a “work” under Austrian copyright law.

6. Deadlines
6.1 Unless expressly agreed to be binding, specified delivery or performance deadlines are expressly considered approximate and non-binding. Binding deadline agreements must be set forth in writing or confirmed in writing by the Agency.
6.2 If the Agency’s delivery or performance is delayed for reasons beyond its control, such as, in particular, events of force majeure (e.g., pandemics, natural disasters, strikes, lockouts, cyberattacks, failures in energy supply or telecommunications, official orders and measures) and other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the respective causes, and the deadlines shall be extended accordingly. If such delays last longer than two months, the client and the agency are entitled to withdraw from the contract.
6.3 If the Agency is in default, the Client may withdraw from the contract only after having set the Agency a reasonable grace period of at least 14 days in writing and this period has elapsed without result. Claims for damages by the Client due to non-performance or default are excluded, except in cases of proven intent or gross negligence.

7. Early Termination
7.1 The Agency is entitled to terminate the contract for good cause with immediate effect. Good cause exists in particular if (a) the performance of the service becomes impossible for reasons attributable to the client or is further delayed despite the setting of a grace period of 14 days, (b) the client continues to violate material obligations under this contract, such as the payment of an amount declared due or existing obligations to cooperate, or (c) there are justified concerns regarding the client’s creditworthiness and the client, at the Agency’s request, is neither willing to make advance payments nor to provide adequate security prior to the Agency’s performance.
7.2 The client is entitled to terminate the contract for good cause without setting a grace period. Good cause exists, in particular, if the agency continues to breach material provisions of this contract, despite a written warning including a reasonable grace period of at least 14 days to remedy such breaches.

8. Fees
8.1 Unless otherwise agreed, the Agency’s claim to fees for each individual service arises as soon as the service has been rendered. The Agency is entitled to demand advance payments to cover its expenses. For orders with an (annual) budget of EUR 10,000.00 or more, or for orders extending over a longer period of time, the Agency is entitled to issue interim invoices or advance invoices, or to request payments on account.
8.2 The fee is a net fee plus value-added tax at the statutory rate. In the absence of a specific agreement in individual cases, the Agency is entitled to a fee at the market rate for the services rendered and the granting of copyrights and trademark usage rights.
8.3 All services provided by the Agency that are not expressly covered by the agreed-upon fee shall be compensated separately by the client. All out-of-pocket expenses incurred by the Agency shall be reimbursed in full by the Client.
8.4 Cost estimates provided by the Agency are non-binding. If it becomes apparent that the actual costs will exceed the Agency’s written estimate by more than 15%, the Agency shall notify the Client of the higher costs. The cost overrun shall be deemed approved by the client if the client does not object in writing within three business days of receiving this notice and simultaneously propose more cost-effective alternatives. If the cost overrun is up to 15%, a separate notification is not required. Such an overrun of the cost estimate shall be deemed approved by the client from the outset.
8.5 If the client unilaterally modifies or terminates commissioned work without involving the Agency— notwithstanding the Agency’s ongoing support—the client must compensate the Agency for the services rendered up to that point in accordance with the fee agreement and reimburse all costs incurred. Unless the termination is due to a grossly negligent or intentional breach of duty by the Agency, the Client must also reimburse the Agency for the entire fee agreed upon for this assignment. The set-off provision of § 1168 ABGB is excluded. Furthermore, the Agency shall be indemnified and held harmless with respect to any claims by third parties, in particular by the Agency’s subcontractors. Upon payment of the fee, the Client does not acquire any rights of use to work already performed. Unimplemented concepts, drafts, and other documents must instead be returned to the Agency without delay.

9. Payment, Retention of Title
9.1 The fee is due immediately upon receipt of the invoice without deduction, unless special payment terms are agreed upon in writing in individual cases. This also applies to the reimbursement of all cash outlays and other expenses. The goods delivered by the agency remain the property of the agency until full payment of the fee, including all ancillary liabilities, has been received.
9.2 In the event of default of payment by the client, the statutory default interest for business transactions pursuant to Section 456 of the Austrian Commercial Code (UGB) (base interest rate plus 9.2%) shall apply. In addition, the agency is entitled to demand a flat-rate compensation for collection costs in the amount of EUR 40.00 pursuant to Section 458 of the Austrian Commercial Code (UGB). Furthermore, in the event of default of payment, the client undertakes to reimburse the agency for any additional dunning and collection costs insofar as they are necessary for appropriate legal action. This includes, at a minimum, the costs of two reminder letters at the standard market rate of currently EUR 50.00 per reminder, as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
9.3 In the event of the customer's default in payment, the agency may declare all services and partial services rendered under other contracts concluded with the customer immediately due and payable.
9.4 The agency is not obligated to provide further services until the outstanding amount has been paid (right of retention). The obligation to pay remains unaffected.
9.5 If payment in installments has been agreed upon, the agency reserves the right, in the event of late payment of installments or ancillary claims, to demand immediate payment of the entire outstanding debt (acceleration of payment).
9.6 The customer is not entitled to offset his own claims against claims of the agency, unless the customer's claim has been acknowledged in writing by the agency or established by a court.

10. Ownership and Copyright
10.1 All services provided by the agency, including those presented (e.g., suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), as well as individual parts thereof, remain the property of the agency, as do the individual works and original designs, and can be reclaimed by the agency at any time – especially upon termination of the contractual relationship. By paying the fee, the client acquires the right to use the services for the agreed purpose. Unless otherwise agreed, the client may use the agency's services exclusively in Austria. The acquisition of rights of use and exploitation of the agency's services is contingent upon full payment of the fees invoiced by the agency. If the client uses the agency's services before this point, such use is based on a loan agreement that can be revoked at any time.
10.2 Modifications or adaptations of the agency's services, in particular their further development by the client or by third parties acting on the client's behalf, are only permitted with the express consent of the agency and – insofar as the services are protected by copyright – of the copyright holder. The release of all so-called "open files" is therefore expressly not part of the agreement, and the agency is under no obligation to release any such files. Without a contractual assignment of the rights of use (especially for "electronic works"), the client has no legal claim to them.
10.3 For the use of the agency's services that goes beyond the originally agreed purpose and scope of use, the agency's consent is required – regardless of whether the service is protected by copyright. The agency and the copyright holder are entitled to separate, appropriate compensation for such use.
10.4 For the use of services provided by the agency or advertising materials for which the agency has developed conceptual or design templates, the agency's consent is also required after the expiration of the agency agreement – ​​regardless of whether these services are protected by copyright or not.
10.5 For uses pursuant to 10.4, the agency is entitled to the full agency fee agreed upon in the expired contract for the first year after the contract's termination. In the second and third years after the contract's expiration, the agency is entitled to only half and one-quarter, respectively, of the fee agreed upon in the contract. From the fourth year after the contract's termination, no agency fee is payable.
10.6 In the event of any unlawful use of the agency's services by the client or third parties to whom the client has culpably enabled such use, the client owes the agency liquidated damages in the amount of twice the appropriate fee for the respective use. This lump sum payment follows the legal concept of Section 87 Paragraph 3 of the German Copyright Act (UrhG) for copyrighted services. For services not protected by copyright, it is considered a contractual penalty within the meaning of Section 1336 of the Austrian Civil Code (ABGB). The agency expressly reserves the right to claim damages exceeding the lump sum (Section 1336 Paragraph 3 ABGB) and other legal claims, in particular for injunctive relief, removal, accounting, disclosure, and publication of judgments.

11. Identification
11.1 The agency is entitled to identify itself and, where applicable, the author on all advertising materials and in all advertising campaigns without the client being entitled to any compensation.
11.2 Subject to the client's right to revoke this authorization at any time in writing, the agency is entitled to refer to the existing or former business relationship with the client on its own advertising media, and in particular on its website, using the client's name and company logo (reference).

12. Warranty
12.1 The customer must notify the agency in writing of any defects immediately, and in any case within eight days of delivery/performance by the agency, and of any hidden defects within eight days of their discovery, describing the defect. Otherwise, any deviation in the performance shall be deemed approved. In this case, the assertion of warranty and damage claims, as well as the right to contest the contract due to error based on defects, is excluded.
12.2 In the event of a justified and timely notification of defects, the customer is entitled to rectification or replacement of the delivery/performance by the agency. The agency will remedy the defects within a reasonable period, whereby the customer shall enable the agency to take all measures necessary for investigation and rectification. The agency is entitled to refuse rectification of the performance if this is impossible or would involve disproportionate expense for the agency. In this case, the customer is entitled to the statutory rights of rescission or price reduction. In the event of rectification, the customer is responsible for returning the defective item at their own expense.
12.3 The customer is also responsible for verifying the legality of the service, particularly with regard to competition, trademark, copyright, and administrative law. The agency is only obligated to perform a cursory review of legal compliance. The agency is not liable for the legal compliance of content provided or approved by the customer, even in cases of slight negligence or after fulfilling any applicable duty to warn the customer.
12.4 The warranty period is six months from delivery/performance. The customer is not entitled to withhold payments due to defects. The presumption rule of Section 924 of the Austrian Civil Code (ABGB) is excluded.

13. Liability and Product Liability
13.1 In cases of slight negligence, the Agency and its employees, contractors, or other agents shall not be liable for any property damage or financial loss suffered by the Customer, regardless of whether such damage or loss is direct or indirect, including lost profits, consequential damages, damages due to delay, impossibility of performance, breach of contract, negligence in the formation of the contract, or defective or incomplete performance. In any case, the exclusion of liability does not apply to damages resulting from injury to life, body, or health, nor to damages caused by intent or gross negligence. The injured party bears the burden of proving gross negligence. To the extent that the Agency's liability is excluded or limited, this also applies to the personal liability of any persons associated with it under this clause.
13.2 Any liability of the agency for claims asserted against the client based on services rendered by the agency (e.g., advertising campaigns) is expressly excluded if the agency has fulfilled its duty to inform the client or if such a duty was not apparent to the agency, provided that slight negligence is not detrimental. In particular, the agency is not liable for court costs, the client's own legal fees, or the costs of publishing judgments, nor for any claims for damages or other claims by third parties. The client shall indemnify and hold the agency harmless in this respect.
13.3 Claims for damages by the client expire twelve months after the client becomes aware of the damage and the liable party, but in any event no later than three years after the agency's breach of duty. Claims for damages are limited to the net order value. This limitation does not apply to damages resulting from injury to life, body, or health, nor to damages caused by intent or gross negligence.
13.4 Claims under the Product Liability Act (PHG) remain unaffected.

14. Data Protection
14.1 Insofar as the agency processes personal data of the client, its employees, or other data subjects in the course of providing services, this is done in accordance with the agency's Privacy Policy (www.healthy-days.eu/datenschutz), as well as Regulation (EU) 2016/679 (GDPR) and the Austrian Data Protection Act (DSG).
14.2 If the client commissions the agency with activities that constitute data processing on behalf of a controller within the meaning of Article 28 GDPR (in particular, newsletter distribution, performance marketing, social media campaign management), the agency will conclude a separate data processing agreement (DPA) with the client. Until such a DPA is concluded, the agency's standard data processing agreement, which will be provided to the client upon request, applies.

15. Confidentiality
15.1 The Client and the Agency undertake to treat as strictly confidential all business, technical, financial, strategic, or personal information (hereinafter referred to as "Confidential Information") that comes to their attention in the course of the contractual relationship and not to disclose it to third parties, unless the involvement of such third parties is necessary for the performance of the contract and they themselves have been bound to confidentiality.
15.2 Non-confidential Information includes information that (a) is already publicly known, (b) becomes publicly known without breach of this agreement, (c) was demonstrably known to the recipient independently or was disclosed by third parties without a confidentiality obligation, or (d) must be disclosed due to a legal, judicial, or official order.
15.3 The obligation of confidentiality exists for the duration of the contractual relationship and for a period of five years after its termination. This does not affect statutory confidentiality obligations, in particular those under Sections 11 et seq. of the German Act Against Unfair Competition (UWG).

16. Applicable Law
This contract and all mutual rights, obligations, and claims arising therefrom between the agency and the client are governed by Austrian law, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

17. Place of Performance and Jurisdiction
17.1 The place of performance is the agency's registered office. In the case of shipment, the risk passes to the client as soon as the agency has handed over the goods to the carrier it has selected.
17.2 The court with subject-matter jurisdiction for the agency's registered office is agreed as the place of jurisdiction for all legal disputes arising between the agency and the client in connection with this contractual relationship. Notwithstanding this, the agency is entitled to bring an action against the client at the client's general place of jurisdiction.

18. Special Provisions for Offers to Consumers
18.1 Scope and Precedence
This section 18 applies to the purchase of vouchers via the voucher shop integrated on the website by consumers as defined in Section 1 of the Austrian Consumer Protection Act (KSchG). Sections 1 to 17 of these Terms and Conditions govern the agency relationship (B2B) and do not apply to consumers. In case of conflict, the provisions of this section 18, as well as the mandatory provisions of the Austrian Consumer Protection Act (KSchG), the Austrian Distance and Off-Premises Sales Act (FAGG), and the Austrian Consumer Warranty Act (VGG), take precedence for consumers.
18.2 Contractual Partner and Voucher Shop
The provider and contractual partner is G.A. Service GmbH (hereinafter referred to as "Provider"). The voucher shop is technically provided by an external service provider, INCERT eTourismus GmbH & Co KG, Leonfeldner Straße 328, 4040 Linz, Austria. This process handles the data entered in the shop on behalf of the provider. Purchased vouchers can be redeemed at the participating "healthy days" accommodations. The provision of the redeemed service (in particular, accommodation) is the responsibility of the respective accommodation according to its terms and conditions and availability.
18.3 Conclusion of Contract
The presentation of the vouchers in the shop does not constitute a binding offer, but rather an invitation to place an order. By submitting the order, the consumer makes a binding offer. The contract is concluded upon acceptance by the provider, at the latest upon provision or dispatch of the voucher. Before submitting the order, the consumer can check and correct their entries.
18.4 Prices and Payment
The prices stated in the voucher shop at the time of the order apply. All prices are final prices including statutory VAT. Payment is made via the payment methods offered in the shop. The transmission of payment data to the processing payment service providers is encrypted.
18.5 Provision of the Voucher
Depending on the consumer's selection, the voucher will be provided as an electronic voucher (Print@Home/PDF) via email or in physical form by post.
18.6 Validity and Redemption of Vouchers
Claims arising from the voucher are subject to the statutory limitation period (general limitation period of 30 years pursuant to Section 1478 of the Austrian Civil Code). No further limitation period for redemption applies. Redemption is subject to availability and the terms and conditions of the respective accommodation. Non-personalized vouchers are transferable. Cash redemption of the voucher or any remaining balance is not possible. Any remaining balance after partial redemption will be retained as credit for future bookings.
18.7 Cancellation & Right of Withdrawal
Consumers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, the consumer must inform the provider (G.A. Service GmbH, Siezenheimer Straße 39, 5020 Salzburg, email: office@ga-service.at) of their decision by means of a clear declaration (e.g., email or letter). They may use the statutory model withdrawal form for this purpose, but are not obligated to do so. Timely dispatch of the declaration is sufficient to meet the deadline. In the event of a valid withdrawal, the provider will reimburse all payments received without undue delay, at the latest within 14 days of receipt of the withdrawal notice.
18.8 Exceptions to the Right of Withdrawal
According to Section 18 of the Distance Selling Act (FAGG), there is in particular no right of withdrawal for contracts concerning services relating to accommodation for purposes other than residential purposes, the supply of food and beverages, and leisure activities, if a specific date or period is stipulated for performance. If a voucher is used to book a service of this type with a specific date, there is no right of cancellation with regard to this booking.
18.9 Warranty
The statutory warranty provisions according to the Austrian Civil Code (ABGB) and the Austrian Consumer Protection Act (VGG) apply. The limitations provided for in Section 12, in particular the shortened warranty period and the notification obligations, do not apply to consumers. 18.10 Liability to Consumers
The statutory liability provisions apply to consumers. The provider's liability for property damage and financial losses caused by slight negligence is excluded. This does not apply to damages resulting from injury to life, body, or health, to claims under the Product Liability Act, or in other cases of mandatory statutory liability.
18.11 Applicable Law and Jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers with habitual residence in the European Union, the mandatory protective provisions of their country of residence remain unaffected (Art. 6 Rome I Regulation). For consumers, the statutory places of jurisdiction apply; the jurisdiction favorable to consumers pursuant to Section 14 of the Austrian Consumer Protection Act (KSchG) remains unaffected.
18.12 Out-of-Court Dispute Resolution
Note pursuant to Section 19 of the Austrian Alternative Dispute Resolution Act (AStG): The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
18.13 Data Protection
The processing of personal data in connection with the purchase of vouchers is carried out in accordance with the provider's privacy policy [LINK]. The voucher shop is operated by INCERT eTourismus GmbH & Co KG as a data processor pursuant to Art. 28 GDPR.

Gender Notice
Where these Terms and Conditions refer to natural persons only in the masculine form, they refer to all gender identities equally.