General Terms & Conditions & data protection

Version: 03.12.2021


General Terms & Conditions of Kleinwalsertal Tourismus eGen

  • for online bookings
  • for bookings through Kleinwalsertal Tourismus eGen

1. Preamble

Kleinwalsertal Tourismus eGen (KT) operates as a travel agent and conducts business on the instructions of, on behalf of and for the account of tourist accommodation providers, other companies and operators. In the event of a booking, the contract shall be exclusively between the person booking and the respective provider of accommodation, other companies or operators. Kleinwalsertal Tourismus eGen (KT) states explicitly that it only acts as an intermediary for the various services offered and that it does not perform or organise them in any way. With respect to the services that it offers, Kleinwalsertal Tourismus eGen (KT) is not a travel agent as defined by the Package Travel Act (PRG), unless it is explicitly stated during the booking process that it is acting in the capacity of a travel agent. The services provided by Kleinwalsertal Tourismus eGen (KT) may be subject to the conditions stipulated under § 2 para. 5 of the PRG which relate to associated travel services.

The legal relationship between Kleinwalsertal Tourismus eGen and the person making the booking, in terms of the associated travel services and services which Kleinwalsertal Tourismus eGen (KT) has expressly stated it has performed in the capacity of a travel agent, is subject to the regulations defined under the latest version of the Package Travel Act (PRG), except when provisions that are contrary to the PRG apply and are subsequently invoked in supplementary provisions.

The following General Terms and Conditions of Business apply to all services provided by Kleinwalsertal Tourismus eGen (KT). Any contrary, conflicting or deviating terms and conditions are expressly rejected and they will not form part of the contract

2. General provisions

2.1. Validity of a contract

A booking/the conclusion of a contract will only come into effect when a booking/reservation confirmation has been sent in writing or by email by Kleinwalsertal Tourismus (KT).

2.2. Image material

Kleinwalsertal Tourismus eGen (KT) does not accept any liability for the content and accuracy of the image material provided by the tourist accommodation providers, other companies or event operators.

2.3. Deposit

Due dates for deposits and outstanding payments shall be based on the arrangements made with the person making the booking or the client and are noted in the details outlined in the booking confirmation. It should be noted that the credit card company used by Kleinwalsertal Tourismus eGen (KT) is not the same as the credit card company used by the establishment that is providing accommodation, any other company or operator.

2.4. Place of performance

The place of performance for services provided by Kleinwalsertal Tourismus eGen (KT) is the municipality of Mittelberg.

2.5. Legal system and place of jurisdiction

Austrian law applies exclusively for contracts which are not concluded with consumers. The materially competent court responsible for the municipality of Mittelberg shall be the exclusive place of jurisdiction.

2.6. Severability Clause

If any provision of these GT&Cs should not be legally effective or should become invalid, the validity of the remaining provisions shall not be affected. In this case and in the event that a legal loophole becomes evident, another appropriate provision shall apply in place of an invalid, unenforceable or missing provision, which (if legally possible) should be as close as possible to the one which the contracting parties would have wanted or would have desired in terms of its economic aim and purpose if they had considered that point when they concluded the agreement.

3. Liability and Warranty

3.1  General provisions relating to liability and warranty 

3.1.1.  Kleinwalsertal Tourismus eGen (KT)’s liability and warranty shall only include 

- the careful selection of the respective operators or service providers and careful evaluations based on experience that has been gained;

- the appropriate procurement of services including information provided by the person making the booking together with the delivery of essential booking documentation;

- forwarding verifiable booking information, declarations of intent and payments between the individuals making the booking and the service provider
(tourist accommodation establishments, other companies, operators etc.);

3.1.2.  Kleinwalsertal Tourismus eGen (KT) shall not assume any liability or warranty for

- delivering the services that it has procured or provided;

- indirect losses of any kind;

- loss of profit;

- services which cannot be fulfilled either in full or in part which are a result of force majeure (weather conditions, risk of avalanche and similar) or due to insufficient numbers of participants which was well known in advance;

- claims for damages based on minor negligence which extend beyond the entitlement to commission that can be derived from business that was procured.

3.2.       In relation to services if an associated travel service exists as defined by the PRG: 

3.2.1.      When Kleinwalsertal Tourismus eGen (KT) procures associated travel services as defined within the meaning of the PRG, it is liable, in accordance with § 17 of the PRG, for attributable errors resulting from technical defects in the booking system and for errors that are made during the booking process. Liability is not recognised if any booking errors are attributable to the person making the booking or travelling or if they are caused by unavoidable or extraordinary circumstances.

3.2.2.      The other liability and warranty provisions specified in point 3.1. remain unaffected.

3.3.       In relation to services if a package holiday exists as defined by the PRG: 

3.3.1.      If Kleinwalsertal Tourismus eGen (KT) acts as a travel agent which puts together, contractually agrees or offers a package holiday, there then exists a warranty and liability obligation in accordance with the provisions stipulated in §§ 11 to 14 of the PRG.

3.3.2.      If a package holiday cannot be delivered either in full or in part as a result of force majeure (weather conditions, risk of avalanche and similar) or due to insufficient numbers of participants which was well known in advance, Kleinwalsertal Tourismus eGen (KT) is not liable for either warranty or liability obligations. As the aforementioned circumstances are not within the control of Kleinwalsertal Tourismus eGen (KT), Kleinwalsertal Tourismus eGen (KT) is not liable for any unforeseen expenses such as hotel and travel costs or similar damages.

 

4. Withdrawal of services (cancellation policy) 

4.1.       In relation to services which are not defined as package holidays as defined by the PRG: 

The cancellation terms apply especially to the following services provided by tourist accommodation providers, other companies, operators or other service providers for

- Services provided by tourist accommodation providers

In the case of bookings which only include services provided by a tourist accommodation provider, the latest valid version of the General Terms and Conditions of Business for the Hotel Industry (AGBH 2006) apply to the relationship between the person making the booking and the accommodation provider, unless another arrangement has been explicitly agreed in writing or if the AGBH 2006 contradicts point 3 of these General Terms and Conditions of Business. When booking services of an accommodation company that participates in the "Flexi-Book" program, the Flexibility Guarantee replaces §5 AGHB 2006 in its entirety.

AGBH 2006 as a downloadable PDF (42 KB)

- Services provided by ski schools

When specifically booking a ski course or other services provided by ski schools, the GT&Cs stipulated by the respective ski school that is providing the services apply, unless another arrangement has been explicitly agreed in writing or if the ski school’s GT&Cs contradict point 3 of these General Terms and Conditions of Business.

T&Cs Ski School Bödmen-Baad
T&Cs Ski School Seite Egg
T&Cs Ski School Ausserhirschegg
T&Cs Ski School Hirschegg

T&Cs Ski School Riezlern

- Services provided by Snowcompany Kleinwalsertal (Sport Kessler | Sport Pauli | Sport Hilbrand)

When making a booking that includes services provided by the Kleinwalsertal Snowcompany (e.g. winter sports equipment etc.), the GT&Cs of the Kleinwalsertal Snowcompany apply, unless another arrangement has been explicitly agreed in writing or if the Kleinwalsertal Snowcompany’s GT&Cs contradict point 3 of these General Terms and Conditions of Business.

T&Cs from Sport Kessler
T&Cs from Sport Pauli

T&Cs from Sport Hilbrand

- Services provided by the Bergschule Kleinwalsertal

When making a booking that includes services provided by the Kleinwalsertal Bergschule, the GT&Cs of the Kleinwalsertal Bergschule apply, unless another arrangement has been explicitly agreed in writing or if the Kleinwalsertal Bergschule’s GT&Cs contradict point 3 of these General Terms and Conditions of Business.

T&Cs of the Bergschule to download

General Terms & Conditions of Business of other operators and partners of Kleinwalsertal Tourismus eGen:

T&Cs of the Walser Bike Tours to download

T&Cs of the Husky Days to download

T&Cs Abenteuer Vertical

Other General Terms and Conditions of Business for operators, service providers and other partners of Kleinwalsertal Tourismus eGen (KT) are stated on the offer.

4.2.       In relation to services if Kleinwalsertal Tourismus eGen (KT) acts as the operator but a package holiday or related travel do not exist as defined by the PRG:

In these cases, the person making the booking is entitled to withdraw from the contract up to 48 hours before the event begins without incurring any cancellation charges. After that the full price must be paid for the service that was contractually agreed.

4.3.       In relation to services if a package holiday exists as defined by the PRG:

4.3.1.    If a package holiday exists as defined by the PRG, the provisions stipulated in § 10 of the PRG apply with the proviso that the following cancellation charges will apply should the person making the booking or the traveller cancel the booking:

up to 3 months prior to departure...................................0%
from 3 to 1 months prior to departure..........................40%
from 1 month to 1 week prior to departure..................70%
in the final week prior to departure..............................90%
of the cost of the trip.

4.3.2.    In accordance with point 4.3.1., no cancellation charges apply if exceptional circumstances arise at the package holiday destination or in its immediate vicinity which have a significant impact on the performance of the package holiday or the transportation of travellers to the destination. In the event of withdrawal from the contract, the customer is entitled to a full refund of payments that have already been made, however, the customer is not entitled to additional compensation.

4.3.3.    Kleinwalsertal Tourismus eGen (KT)’s right to withdraw from the contract remains unaffected in accordance with § 10 para. 3 of the PRG if the minimum number of participants specified in the contract has not been reached or if Kleinwalsertal Tourismus eGen (KT) is prevented from performing the contract due to unavoidable or exceptional circumstances.

4.4.       Definition of periods when cancelling online bookings

The periods mentioned under point 4 (Cancellation conditions) are defined for online bookings as follows:
1 Month = 30 Days
3 Months = 90 Days

4.5       WITHDRAWAL FROM THE ACCOMMODATION CONTRACT WITH FLEXI-Book - CANCELLATION FEE

For bookings that only include services of an accommodation company, the "General terms and conditions for the hotel industry (AGBH 2006)" apply between the booking party and the accommodation provider. When booking services of an accommodation provider that participates in the "Flexi-Book" programme, the Flexi-Book conditions replaces §5 AGHB 2006 in its entirety.

Cancellation by the accommodation provider

4.5.1 If the accommodation contract provides for a down payment and the down payment was not made by the contractual partner in the allocated time, the accommodation provider can withdraw from the accommodation contract without a grace period.

4.5.2 If the guest does not show up by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, unless a later time of arrival has been agreed.

4.5.3 If the contracting party has made a down payment, the rooms remain reserved until 12:00 noon on the day following the agreed arrival day. If payment is made in advance of more than four days, the obligation to provide accommodation ends at 6 p.m. on the fourth day, the day of arrival being counted as the first day, unless the guest announces a later day of arrival.

4.5.4 Depending on the contract concluded in the booking process, the accommodation contract can be canceled by the accommodation provider, with the provision of a justified reason, unless otherwise agreed, up to 7/14/21/30 days (see booking confirmation) before the agreed arrival date of the contractual partner.

Withdrawal by the contractual partner - cancellation fee

4.5.5 Depending on the contract concluded in the booking process, the accommodation contract can be canceled by the guest up to 7/14/21/30 days (see booking confirmation) before the agreed day of arrival without incurring a cancellation fee.

4.5.6 Depending on the contract concluded (see booking confirmation), cancellation of the revervation by the contract partner (guest) is only possible with the following cancellation fees:

30 days:
Free cancellation up to 30 days before arrival
from 29 days to 7 days before arrival 70%
from 6 days before arrival and in the case of no / late arrival, 90% of the total stay of the omitted nights are due.

21 days:
Free cancellation up to 21 days before arrival
from 20 days to 7 days before arrival 70%
from 6 days before arrival and in the case of no / late arrival, 90% of the total stay of the omitted nights are due.

14 days:
Free cancellation up to 14 days before arrival
from 13 days to 7 days before arrival 70%
from 6 days before arrival and in the case of no / late arrival, 90% of the total stay of the omitted nights are due.

7 days:
Free cancellation up to 7 days before arrival
from 6 days before arrival and in the case of no / late arrival, 90% of the total stay of the omitted nights are due.

Obstruction to the arrival

4.5.7 If the contractual partner cannot appear in the accommodation facility on the day of arrival, because of unforeseen circumstances (e.g. flooding, etc.) that make all travel options impossible, the contractual partner is not obliged to pay the agreed fee for the days of arrival.

4.5.8 The obligation to pay the payment for the reserved booking becomes valid again, if the obstruction to the arrival is no longer present and the arrival is therefore possible, within three days from the agreed date of arrival.

 

5. Information

5.1. General information

5.1.1. Consumers’ right of revocation

A consumer is entitled to revoke this contract within 14 days without having to state any reasons. This right of revocation is valid for 14 days from the day the contract was concluded.

To exercise this right of revocation, Kleinwalsertal Tourismus eGen, Walserstrasse 264, 6992 Hirschegg, info@kleinwalsertal.com Telephone: +43 5517 5114 0 must be provided with a clear statement (e.g. by a letter sent by post, fax or email) concerning the decision to revoke the contract.

In order to comply with the revocation deadline, it is sufficient for consumers to send notification of their wish to exercise their right to cancel prior to the expiry of the revocation deadline.

Consumers are not entitled to exercise their right to withdraw from the contracts for

  • services, if the company had started to perform the services on the basis of an explicit request by the consumer (in accordance with § 10 para. 1) and if the consumer confirms that he understands that he loses the right to withdraw from the contract if the contract has been fulfilled before the end of the withdrawal period (in accordance with § 11) and that the service has then been performed in full;
  • services which are subject to fluctuations on the financial markets over which the company has no influence and which may arise within the withdrawal period;
  • services which are rendered by companies who provide accommodation that is used for purposes other than residential use, companies that transport goods, companies that rent motor vehicles, companies that provide food and drink and services connected with leisure activities provided that in each case for the fulfilment of the contract a specific deadline or time frame is provided for in the contract.

Consequences of revocation

the contract is revoked, all payments received by Kleinwalsertal Tourismus eGen (KT) shall be paid back immediately and within fourteen days at the latest from the date that Kleinwalsertal Tourismus eGen (KT) received communication confirming the revocation of the contract. The same means of payment that was used to process the original transaction shall be used to repay the sums in question, unless another means of payment is otherwise agreed; fees will never be charged for the processing of these payments.

If it is requested that the services should begin during the revocation period, an appropriate amount must be paid to Kleinwalsertal Tourismus eGen (KT) for the services already performed up to the point that Kleinwalsertal Tourismus eGen (KT) was informed that the contract has been revoked which is in proportion to the extent of the service already provided in comparison with the full coverage of the contract.

5.1.2. Contracting parties

Kleinwalsertal Tourismus eGen
Walserstrasse 264
A-6992 Hirschegg
Tel: +43 5517 5114 0
Fax: +43 5517 5114 419
Email: info@kleinwalsertal.com

5.1.3. Insurance

Travel cancellation insurance, luggage insurance, health insurance, repatriation insurance or other private liability insurance are not included in the cost of travel.

5.1.4. Registration number

The registration number 2007/0088 is recorded in the Tour Operator Register of the Austrian Federal Ministry of Economy, Family and Youth.

5.1.5. Important information concerning insolvency protection

In accordance with the Travel Agency Assurance Regulation (RSV), customer deposits for package holidays provided by the operator Kleinwalsertal Tourismus eGen are protected under the following conditions if the package holiday is defined within the meaning of the RSV and the package holiday or related trip is not defined within the meaning of the PRG:

The deposit shall be paid no earlier than eleven months before the agreed end of the trip. The remaining balance shall be paid no earlier than 20 days before the departure date; the travel documents will be handed to the traveller on a delivery versus payment basis. Additional payments, advance payments or balance payments may not be demanded and are also not protected.

The Walser Privatbank AG, 6992 Hirschegg, Walserstrasse 263 (Bank guarantee from 17/01/2013) is guarantor.

In the case of other claims for losses, all claims must be registered with the liquidator within eight weeks from the start of insolvency (Europäische Reiseversicherung AG, A-1220 Vienna, Kratochwjlestrasse 4, Tel. No. +43/(0)1/3172500 73930, Fax No. +43/(0)1/3199367).

Kleinwalsertal Tourismus eGen
Walserstrasse 264
A-6992 Hirschegg
Tel: +43 5517 5114 0
Fax: +43 5517 5114 419
Email: info@kleinwalsertal.com

VAT identification number (VAT) – ATU 67604728
Deposits to:
Kleinwalsertal Tourismus eGen
IBAN: AT06 3743 4000 0393 0211
BIC: RANJAT2B
Point of contact for complaints: Telephone +43 5517 5114 0

5.1.6. Insolvency protection for package holidays and related travel services.  

Kleinwalsertal Tourismus eGen is covered by insolvency protection insurance for tour operators with the company Europäischen Reiseversicherung AG. This insurance is mandatory in accordance with the Travel Agency Assurance Regulation (RSV) and the Package Travel Act (PRG).

Further Information:
Europäische Reiseversicherung AG
Kratochwjlestraße 4
A-1220 Vienna
Tel. no. +43/(0)1/3172500 73930
Fax no. +43/(1)/3199367

 

5.2. Additional information relating to services which are associated travel services as defined by the PRG:

5.2.1 Associated travel services do not constitute a package holiday as defined within the meaning of the PRG and the person making the booking or the traveller cannot exercise any rights that arise from them. Kleinwalsertal Tourismus eGen (KT) is NOT responsible for the proper performance of the services that have been individually booked. Each travel service provider is responsible only for the contractual fulfilment of his services. This also applies to the obligation to arrange return transportation which is not guaranteed (unless expressly agreed by the service provider).

5.2.2. Travellers also benefit from (limited) insolvency protection pursuant to Austrian provisions adopted to comply with article 19 para. 1 in conjunction with article 17 of the (EU) 2015/2302 guidelines concerning package holidays and associated travel services, amending regulation (EG) No. 2006/2004, 2011/83/EU guidelines and repealing guidelines 90/31/EWG, ABl. No. L326 from 11.12.29015 p. 1. The insurer is cited in point 5.1.6.

5.2.3 Kleinwalsertal Tourismus eGen (KT) is covered by insolvency insurance that it has taken out with the insurer cited in point 5.1.6.

5.2.4 When booking the associated travel services, the person making the booking will be provided with the information defined in the standard information sheet in annex II of the PRG, part B or E before the booking is completed.

 

5.3. Additional information for services which are defined as package holidays as defined by the PRG:

5.3.1 In the case of package holidays, the traveller can exercise all EU rights which apply to package holidays. Kleinwalsertal Tourismus eGen (KT) assumes full responsibility for the proper performance of the full package holiday.

5.3.2 Kleinwalsertal Tourismus eGen (KT) has taken out mandatory insurance protection to cover the reimbursements of payments made by the person making the booking or the traveller – if transport costs are included in the travel package – in order to guarantee transport home if the company becomes insolvent.

5.3.3 Kleinwalsertal Tourismus eGen (KT) is covered by insolvency insurance that it has taken out with the insurer cited in point 5.1.6.

5.3.4 When booking a package holiday as defined by the PRG, the person making the booking will be provided with the information defined in the standard information sheet in annex I of the PRG, part A, B or C before the booking is completed.

 

6. Orders

Orders are possible from countries worldwide.

 

7.  Data Protection

7.1. Data protection declaration

Thank you for showing an interest in our website. Protecting your privacy is of the utmost importance to us. The following statement provides detailed explanations on how we handle your personal data.

For questions regarding the collection, processing or use of your personal data; for information or to correct, block or delete data; how to revoke your permission or how to object to a specific way your data is being used, please contact datenschutz@kleinwalsertal.com.
 

7.2. Collection and use of data associated with the fulfilment of the contract and when creating customer accounts

We collect, process and use your personal data when you voluntarily provide it to us during the order process, when you contact us (e.g. using a contact form or email), when you create a customer or booking account, when legal permission is granted or when you grant your consent. We undertake organisational, contractual and technical security measures using the best available technology in order to ensure that we comply with data protection regulations and to protect the data that we manage from accidental or deliberate manipulation, loss, destruction or from being accessed by unauthorised individuals. Your personal data is used to enable us to carry out our services. The type of details that will be collected is specified on the form that you intend to complete. We use the details provided by you to perform the contract and to deal with any of your queries. Your data will be blocked against further use and will be deleted once tax and commercial law regulations have been satisfied when the contract has been fully executed or your customer account has been deleted, unless you have expressly consented to the further use of your data or we have reserved the right to continue using your data as permitted by the law and you will be informed of this. Customer accounts can be deleted at any time by either sending a message to datenschutz@kleinwalsertal.com or by selecting the option in the customer account or booking account that is specifically intended for this purpose.

7.3 Data processing and transfer

Kleinwalsertal Tourismus eGen complies with data protection standards as a matter of course and places a high priority on protecting your privacy and personal data. You expressly acknowledge and agree that your data is used for accounting purposes, to process orders etc. and is captured and stored in electronic form. Personal data is only forwarded to third parties without the user’s consent if this is a mandatory legal requirement or to the extent this is required to process the booking or facilitate the arrangements.
 

7.4. Disclosure of data for the purpose of fulfilling the contract

We only forward your data to companies who we have appointed to help perform the contract insofar as this is necessary to fulfil the contract. In order to process payments, we forward the necessary payment information to the bank that has been entrusted with this task and, if necessary, to the payment service provider we have appointed to handle the payment using the payment service you selected during the order process.

7.5 Information relating to the newsletter and consent

The following information is intended to provide information on the content of our newsletter, the registration process, the distribution process, the statistical evaluation process and your right to object. When you subscribe to our newsletter, you acknowledge that you have agreed to receive the newsletter and that you agree with the processes that have been described.

7.5.1 Content of the newsletter

We send the newsletter, emails and other electronic messages with advertising information (hereinafter referred to as ‘newsletter’) only with the recipient’s consent or if we have been granted legal permission to do so. The content which is precisely defined within the registration process applies when obtaining the user’s consent. Our newsletter also contains information about holiday offers, holiday recommendations and advertising partners.

7.5.2 Double opt-in and data logging

A double opt-in process is used when users register to receive our newsletter. This means that you will receive an email after registering which asks you to confirm your registration. This confirmation is necessary so that it is not possible for people to log in with external email addresses.

New registrations to the newsletter are logged in order to verify that the registration process complies with the legal requirements. This involves storing the IP address and time that the new user registers and confirms the registration. Changes to any of your data that is stored by MailChimp are also logged.

7.5.3. Use of the marketing automation platform MailChimp.

The newsletter is sent via MailChimp,a newsletter distribution platform operated by the American company Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.
The email addresses of the recipients of our newsletter and the data described within the scope of this information are stored on the MailChimp server in the USA. MailChimp uses this information to distribute and to evaluate the newsletter on our behalf. Furthermore, according to information provided by MailChimp, MailChimp can use this data to optimise and improve their own services, e.g. to enhance how the distribution process operates on a technical level and how the newsletter is presented, or for financial reasons in order to determine which countries the newsletter recipients are based in. However, MailChimp does not use our newsletter recipients’ data to contact them or to disclose this information to third parties.

We have placed our trust in the reliability and the security of MailChimp’s IT systems and data protection processes. MailChimp is certified by the EU-US Privacy Shield data protection agreement and is therefore obliged to comply with EU data protection requirements. We have also concluded a Data-Processing-Addendum with MailChimp. This agreement ensures that MailChimp is obliged to protect and process our users’ data on our behalf in accordance with its privacy policy and that it should especially never disclose this information to third parties. You can view MailChimp’s privacy policy here.

7.5.4. Registration details

You only need to provide your first name, surname, title, language and email address when you register to receive the newsletter.

You also have the option to select your specific interests. This information is used solely to personalise the newsletter. We only use this information to tailor the content of the newsletter to the interests of our readers.

7.5.5. Statistical surveys and analysis

The newsletters contain a web-beacon which is a pixel-sized file that is called up from the MailChimp server when the newsletter is opened. Technical information such as information on your browser, your operating system and IP address are collected at the time the file is called up. This information is used to facilitate technical improvements in our services by means of gathering technical data, information on target groups and their reading behaviour by analysing access times and the locations from which readers call up the files (determined by means of IP addresses).

Further statistical analysis includes determining whether the newsletter has been opened, when it was opened and which links have been clicked. This information can be matched to individual newsletter recipients due to technical reasons. However, neither Kleinwalsertal Tourismus eGen (KT) nor MailChimp intends to monitor individual users. The main purpose of this analysis is to identify the reading habits of our users and to tailor our content to their requirements or to publish content that matches the interests of our readers.

7.5.6. Online access and data management

There may be times when we direct recipients of our newsletter to the MailChimp website. For example, our newsletter may contain a link which the newsletter recipient can use to download the newsletter online (e.g. if there are problems displaying the file in an email programme). In addition, newsletter recipients can retrospectively amend their data, e.g. email addresses. It is also only possible to download MailChimp’s privacy policy from their own website.

In this respect, we would like to draw your attention to the fact that the MailChimp website uses cookies and personal data is processed by MailChimp, its partners and service providers (e.g. Google Analytics). We have no influence over the collection of this data. Please refer to MailChimp’s privacy policy for further information. Please also refer to opt-out procedures if you object to your data being collected for advertising purposes at http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European area).

7.5.7. Notice of cancellation/revocation

You can cancel your subscription to our newsletter i.e. revoke your consent, at any time. In doing so, your consent to receive the newsletter via MailChimp and statistical analysis both also terminate. Your revocation request means that you will both no longer receive the newsletter via MailChimp and statistical analysis will also cease; unfortunately, you cannot terminate these services separately.

You will find an unsubscribe link at the end of each newsletter.

7.5.8 Legal basis for General Data Protection Regulation

In accordance with the provisions stipulated in theGeneral Data Protection Regulation (GDPR) which came into effect on 25 May 2018, we would like to inform you that consenting to sharing email addresses is based on art. 6 para. 1 lit. a, 7 GDPR and § 7 para. 2 No. 3 and para. 3 of the Fair Trade Practices Act (UWG). The use of the message distribution platform MailChimp, carrying statistical surveys and analysis, and recording the registration process are conducted on the basis of our legitimate interests in accordance with art. 6 para. 1 lit. f of the GDPR. Our prime goal is to deploy a user-friendly and safe newsletter system that both serves our commercial interests and meets our users’ expectations.

We like to stress once again that you are entitled to object to the processing of your personal data in the future at any time as stipulated in the legal provisions according to art. 21 of the GDPR. You can specifically object to having your data processed for the purposes of direct marketing.

‘Reference to newsletter following the template devised by lawyer Dr Thomas Schwenke.’
 

7.6. Use of cookies

See your actual cookie configuration

We use cookies on various pages of our website to make our website more attractive to visitors and to enable the use of certain functions. Cookies are small text files which are stored on your device. Some of these cookies that we use are deleted at the end of your browser session, i.e. upon closing your browser (these are known as session cookies). Other cookies remain stored on your device and allow us to recognise your browser when you next visit (persistent cookies). You can set your browser to inform you when cookies are being enabled. You can also decide whether you wish to accept them individually and whether you wish to prevent the use of cookies in certain cases or in general. The functionality of our website may be restricted if you choose not to accept cookies.

7.7. Right to information and point of contact

You have the right to access any personal information that we have saved about you free of charge and you have the right to have any of your data corrected, to revoke your consent and to have this data blocked or deleted. If you require information or have any questions in relation to the collection, processing or use of your personal data relating to the correction, blocking or deletion of data, or the withdrawal of any consent which has been granted, please contact us using the contact details provided in our legal notice.

7.8. Copyright, terms of use

This content of this website is protected by copyright. All content, text, graphics and photographs are the property of Kleinwalsertal Tourismus eGen (KT) and are subject to corresponding rights of use and/or exploitation rights. Certain content can be subject to copyrights and rights of use held by our service partners (accommodation providers, event operators, suppliers, companies etc.)

The provision of content and/or graphical material from this website to other websites is only allowed with the express permission of Kleinwalsertal Tourismus eGen (KT). The information contained on this website has been created to the best of our knowledge and its accuracy has been carefully checked. Nevertheless, factual errors and incorrect content cannot be completely ruled out. Kleinwalsertal Tourismus eGen (KT) cannot guarantee or assume any liability for ensuring that the information that is provided is accurate, complete and up to date. All information is provided without guarantee. This also applies to links to other/external websites which are mentioned on our website.

7.9. Liability for links

Kleinwalsertal Tourismus eGen (KT) does not assume any liability for the content of external links, for content which has been posted on its service partners’ (accommodation providers, event operators, suppliers, companies etc.) websites and for the content of its partners’ websites and participating companies to which the links refer. The operators are solely responsible for the content of linked pages and for any content posted by third parties on their websites.

7.10. Liability disclaimer

Kleinwalsertal Tourismus eGen (KT) shall accept no liability for any losses or damages whatsoever irrespective of their type (including consequential or indirect damages, or lost profits) which may have arisen through or in connection with an attack on the Kleinwalsertal Tourismus website. This includes downloading, using or requesting content or attacks that my occur via any links set up on the Kleinwalsertal Tourismus with other website operators’ websites or URLs. This also applies if Kleinwalsertal Tourismus eGen (KT) was advised of the possibility of such damages. Furthermore, Kleinwalsertal Tourismus eGen (KT) shall not be liable for any technical faults such as server failures, the disruption or failure of telecommunications links or similar which mean that either the whole of the Kleinwalsertal Tourismus website is (temporarily) inaccessible or parts thereof are (temporarily) inaccessible, or which lead to the corruption of data.

7.11. Use of the retargeting functions

The placement of interest-based advertising by means of retargeting.

This website uses retargeting tags. A retargeting tag is a JavaScript element that is placed in the website’s source code. If a visitor visits a page on this website that contains a retargeting tag, a provider of online advertising (e.g. Google) places a cookie on this user’s computer and assigns it to corresponding retargeting target group lists. This cookie then places retargeting campaigns (interest-based advertising) on other websites. Studies have shown that inserting interest-based advertising is more interesting for the internet user than advertising which does not relate to the user’s interests or to any websites that have been visited previously.

Activation and deactivation options

Third parties, including Google, use stored cookies to display adverts based on a user’s previous visits to our website. No personal data is saved. Users of this website can disable cookies set up by Google through the ‘Google ad preferences’ page. Users can also disable cookies

that are used by third-party providers by visiting the deactivation page on the ‘Network Advertising Initiative’ website where it is possible to amend the settings.

7.12. Google Analytics web analysis tool

This website uses Google Analytics, a web analytics service provided by Google Inc. (Google).

Google Analytics uses ‘cookies’ which are text files that are stored on your computer that facilitate the analysis of how you use our website. The information generated by the cookie on how you use our website is usually transferred to a Google server in the USA and stored there. If, however, IP anonymisation has been activated on this website, then Google will first abbreviate your IP address if you are within the European Union, or in other treaty states of the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google uses this information on behalf of the operator of the website to evaluate your use of the website for the purposes of generating reports on website activity in order to provide the website operator with further services related to website and internet use. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google. You can prevent cookies being stored on your computer by selecting the appropriate settings in your browser. If you do so, however, you may not be able to use all the features of this website to their full extent.

In addition, you can prevent Google from collecting the data on your use of the website (including your IP address) generated by the cookie and prevent Google from processing this data by downloading and installing the browser plugin available in the following link: https://tools.google.com/dlpage/gaoptout?hl=en

As an alternative to the browser plugin, you can click on this link to prevent Google Analytics from collecting any other data on this website in the future. This will then place an opt-out cookie on your device. If you delete your cookies, you will have to click on the link again.

7.13. Use of data protection-friendly Shariff social media buttons

Our website offers an additional service called Social Buttons which enables users to interact with social media services. If you wish to prevent your user data (e.g. addresses of pages visited) being sent to these services, you can first click the link to the (Shariff Social-Media-Buttons)service. The specified social media networks can collect data on users and their internet use from the pages of our website. We cannot influence the extent to which this data is collected and evaluated.

Based on our current level of knowledge, we are therefore informing you that:

you may be directly connected to the servers of the aforementioned services when you click on the links. Information relating to your visit to our website is then indirectly sent (referer) to these services. If during your visit to our website you have already logged on to your personal user account on the social media site, you can usually share a document or leave a comment etc. after you have clicked on the social buttons. If you do not wish your data to be transferred in this way, we recommend that you do not click on social buttons.

Please refer to these services’ data protection statements for further information on the purpose and scope of the data collection by social media services and to find out more about how they process and use your data, as well as your rights in this regards, plus the options you have to change your settings to protect your privacy (please also see: Social-Media-Buttons ‘Shariff’).

Facebook’s privacy policy: http://www.facebook.com/policy.php
Google’s privacy policy: http://www.google.com/intl/de/+/policy/+1button.html
Twitter’s privacy policy: https://twitter.com/privacy
Instagram’s privacy policy https://help.instagram.com/155833707900388/
 

7.14. Mamoto

This website uses the web analysis tool Matomo for the purpose of analysing the use of our website on the legal basis of overriding legitimate interest (website usage analysis). This tool is installed on our website and the data is not disclosed to third parties.

This website uses the ‘IP anonymisation’ function. This abbreviates your IP address and consequently anonymises your data.

 

7.15. Statement on the use of MiQ technology

MiQ (MiQ Digital Ltd, 52-54 High Holborn, London, WC1V 6RL) uses on the basis of legitimate interests according to Art. 6 Para. 1 lit. f GDPR tracking pixel on our website for advertising purposes. The MiQ pixel collects cookie ID, truncated IP address (anonymized IP address), time stamp, user agent, referrer URL from our side. These variables describe the use and interactions on this page and cannot be used to personally identify the visitor. MiQ uses the collected data to 1) reach our users via the web using programmatic advertising platforms and 2) gain general insights into the behavior and interests of our users.

If you do not want this data to be recorded and stored, you can object to this processing. To do this, please click here. You can find MiQ's privacy policy here: https://wearemiq.com/privacy-policy/. If you want to manage your preferences regarding usage-based online advertising, define your settings on the Your Online AdChoices website. If you are using multiple browsers, you must do this in each browser.

 

7.16. Declaration of consent

We are constantly developing new offers, initiatives and services. We would like to improve the way that we tailor these towards your personal interests, preferences and circumstances and ensure that we can make them available to you in a targeted manner. We would like to deliver customer-focused content so that we can tailor our service to your individual needs. It is therefore necessary to collect certain data which we analyse internally.

You hereby give us your express permission to use your personal data to, among other things, evaluate certain personal details and in particular to analyse and predict your personal interests, preferences and personal circumstances.

This data will only be used by us internally and this statement of consent does not permit us to disclose any of your information to third parties.

7.17. Changes to the data protection declaration

We reserve the right to change our data protection declaration in order to ensure that it complies with any changes in the law or to ensure that it conforms with any changes to our services or the way we process data. However, this only applies with respect to declarations relating to data processing. Whenever your consent is required or elements of the data protection declaration contain provisions relating to our contractual relationship with you, changes can only be made with your agreement.

We request that you ensure that you regularly read and understand the contents of the data protection declaration.

The European Commission provides a platform for online dispute resolution (ODR). The platform is available at http://ec.europa.eu/consumers/odr/

 

7.18.  Data protection declaration PriMa job portal  (http://prima.kleinwalsertal.com)

7.18.1  Processing of the data that you provide yourself

Contact details of the data protection officer: 
Kleinwalsertal Tourismus eGen | Walserstrasse 264 | 6992 Hirschegg | Austria | T: +43 5517 5114 0

Purposes of processing and their legal bases

The data you provide will be made available to tourism companies for the purpose of recruiting. The information marked as mandatory fields is required to fulfill a contract or to initiate a contract (Art. 6 Para. 1 Letter b). Without this data, no placement activity can be undertaken. The legal basis for the processing of all other data provided by you is with your consent (Art. 6 Para. 1 Letter a). The provision of this data is voluntary and may improve the chances for a certain job compared to other applicants. The consent to the use of this data can be revoked at any time by contacting the person responsible from the respective tourism company, without affecting the legality of the processing carried out based on the consent until the revocation.

Recipients or categories of recipients

The data you provide will be passed on to tourism companies for job placement. Kleinwalsertal Tourismus eGen commissions external service providers to process your data in order to provide the brokerage service. These service providers are contractually bound to the Kleinwalsertal Tourismus eGen and only process your data on an order basis. Any other transfer of your data is excluded.

Rights

There is a right to:

  • Information (Art. 15 GDPR)

  • Correction (Art. 16 GDPR)

  • Deletion (Art. 17 GDPR)

  • Restriction of processing (Art. 18 GDPR)

  • Data Transmission (Art. 19 GDPR)

  • Complaint to the data protection authority

Further information

We do not use your data to create a profile and apart from the stated purposes (job placement) no further data use is provided.

7.18.2  Processing of personal data that is not provided by you (Information According to Art. 14 GDPR)

Categories of personal data, purposes and their legal bases

When you visit our PriMa website, we record:

Your IP address | Your approximate location | The time of access If applicable | The website through which you came to our site (referrer) | Browser used | Operating system used | Screen resolution | Clicked links on our page | Time spent on our site | Your session data

We process the data that you transmit by visiting our PriMa website in our legitimate interest (Art. 6 Para. 1 Letter f GDPR) to protect us from attacks, the planning of capacities, the finding of errors and the optimization of our website and advertising measures, as well as to be able to offer our services.

Recipients or categories of recipients

Kleinwalsertal Tourismus eGen engages external service providers to process your data in order to provide the brokerage service. These service providers are contractually bound to Kleinwalsertal Tourismus eGen and only process your data on an order basis. The following social media platforms are integrated on the PriMa website:

  • Facebook

  • Youtube

  • Instagram

  • TikTok

So that this platform can be used, you have to activate it on our website. If the relevant platform is activated, your personal data will be transmitted to the platform operators with your consent (Art. 6 Para. 1 Letter a GDPR).

7.19 Means of payment 

  • The prices stated on the product pages include VAT and other price components.
  • You can pay your accommodation by cash when you arrive for your holiday.
  • Other products on the website can be paid for by credit card, Paypal or by bank transfer.