Conditions
GENERAL TERMS AND CONDITIONS (GTC)
address
Culinary Craft Tours, Inh. Victoria Strallhofer, BA valid from 24.10.2022
Provider: Culinary Craft Tours, Inh. Victoria Strallhofer, BA (hereinafter referred to as "Entrepreneur") Kranebitterallee 13b, 6020 Innsbruck,
Tel: +43 (0) 670 351 0633
Email: office@culinarycrafttours.com
1.Geltung
The deliveries, services and offers of the entrepreneur are made exclusively on the basis of these General Terms and Conditions (in short: GTC); The entrepreneur does not recognize any terms and conditions of the customer that conflict with or deviate from these terms and conditions, unless he has expressly agreed to their validity. Acts of contract performance by the entrepreneur shall not be deemed to be consent to contractual terms and conditions deviating from these GTC.
2.Order and conclusion of contract
2.1.The presentation of the services/vouchers in the webshop does not constitute a binding offer by the entrepreneur to conclude a contract. The customer is only invited to submit an offer by placing an order.
2.2.The order is made in the following steps:
2.2.1.Selection of the desired tour or voucher
2.2.2.Display of pre-contractual information for consumers in accordance with Art. § 5a KSchG and § 4 FAGG
2.2.3.Forwarding to the shopping cart and checkout
2.2.4.Entering an e-mail address as contact details and specifying a billing address
2.2.5.Confirmation of identity by means of a code
2.2.6.Choice of method of payment (PayPal or credit card)
2.2.7.Checking the information in the shopping cart
2.2.8.Confirmation by clicking on the button "order with obligation to pay"
2.2.9.Re-examination and, if necessary, correction of the respective data entered
2.2.10.Binding dispatch of the order
2.2.11.By sending the order in the webshop, the customer submits a binding offer aimed at concluding a contract for the tour or voucher included in the shopping cart. By sending the order, the customer acknowledges the pre-contractual information for consumers and these terms and conditions as solely decisive for the legal relationship with the entrepreneur.
2.2.12.The entrepreneur then sends a confirmation to the customer's e-mail address, whereby the contract is concluded when the confirmation is sent. The confirmation then also contains the voucher for the booked tour or a general voucher. No separate ticket will be sent in print form. 2.3.The vouchers issued by the entrepreneur are valid until the end of the fifth year following the date of purchase of the voucher. Only one voucher code may be redeemed per purchase. The voucher is non-transferable. A payout of the amount is not possible.
2.4.The contract for the service to be provided is concluded exclusively with the entrepreneur. Travel agents and service providers of the entrepreneur (e.g. bus companies, restaurants, guides) are not authorized to make agreements or assurances that change the agreed content of the contract or contradict the service description.
3. Right of withdrawal of the consumer acc. § 11 FAMHP
3.1.The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract - unless a statutory exception applies - within fourteen working days.
3.2.The withdrawal period is fourteen calendar days. In the case of contracts for the delivery of goods, it begins on the day on which the consumer (customer) or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party designated by him, who is not the carrier, has taken possession of the last goods. It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the period.
3.3.If the consumer (customer) withdraws from the agreement, the entrepreneur must reimburse the payments made by the consumer (customer).
3.4.The order confirmation for the tour or As a result, the respective voucher loses its validity, whereby the consumer receives a corresponding "cancellation mail".
4.Prices, change of services, cancellation
4.1.The prices are listed on the homepage of the webshop for the individual tours. All prices quoted by the entrepreneur are quoted in EUR and include 20% VAT.
4.2.All services that go beyond those described in the confirmation of participation as well as any additional costs shall be borne by the customer. We reserve the right to make technical changes, errors and misprints, in particular Culinary Craft Tours may make price changes at any time and without prior notice.
4.3.The entrepreneur as well as the guides who carry out the tours for the entrepreneur are entitled to make route changes and deviations from the specified routes and the duration of the tour. Such changes and deviations may occur, among other things, due to weather conditions. If the customer is a consumer, the entrepreneur is only entitled to such a change and/or deviation if this change is objectively justified;
4.4."Group experiences" are also offered by the entrepreneur. These "Group Experiences" have a minimum of 8 participants.
4.5.In the event of cancellation of the "Group Experience" by the Customer, a flat-rate cancellation fee will be charged. This amounts to:
From the 30th to the 15th. Day before the start of the event: 20% of the total contract price,
From the 14th to the 6th. Day before the start of the event: 50% of the total contract price,
From the 5th. Day before the start of the event or in case of no-show: 100% of the total contract price.
The withdrawal must be made in writing, or in writing. by e-mail or fax.
5.Terms of payment, interest on arrears
5.1.Payments shall be cashless without exception and shall be made in advance directly in the course of the ordering process.
6.Lieferbedingungen
6.1.The entrepreneur is only obliged to perform the service as soon as the customer has fulfilled all his obligations necessary for the execution.
6.2.In this regard, the customer, the consumer, acknowledges that tours can only be used 14 days after the booking has been made without express request. The coupon code can therefore be used at the earliest 14 days from date of issue. It is up to the customer, but the consumer is free, to declare in writing his express request before the start of the tour that he already wants the entrepreneur to take action. In this case, the customer who is a consumer is no longer entitled to a right of withdrawal within the meaning of the FAGG.
6.3.The scope of the contractual services results from the service description of the entrepreneur.
6.4.The entrepreneur does not guarantee the availability of the tours or tours described in the online shop. the taking place of the guided tours, for example in cases of force majeure. In the event of force majeure, the entrepreneur therefore reserves the right to postpone the tour to another time.
6.5.The minimum number of participants for a tour is two people. If this is not achieved, the entrepreneur reserves the right to cancel the tour or to offer an alternative after consultation. The maximum number of participants on a tour is 12 people per guide.
6.6.At the time of the order, the entrepreneur cannot yet predict with certainty that sufficient suitable tour guides will be available at the booked time. In this respect, the entrepreneur is entitled to withdraw from the contract in writing, by e-mail or Whatsapp with reference to tour guides who are not available contrary to expectations. The entrepreneur communicates this as early as possible in writing, by e-mail or Whatsapp. Any payments already made by the customer must be reimbursed in full by the entrepreneur. However, further claims of the customer do not exist and are excluded.
6.7.If the tour is disturbed by inappropriate behavior of one or more customers, the entrepreneur reserves the right to exclude individual participants from the tour after a warning. This is without entitlement to reimbursement of the price paid.
7.Schadenersatz
7.1.All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury. The existence of slight or gross negligence, unless it is a consumer transaction, has to be proven by the injured party. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
7.2.The customer or the participants of a group of the customer are liable for any damage caused by items culpably unlawfully carried by him/her.
8.Age and protection of minors
8.1.The valid conclusion of the contract is subject to the proviso that the customer does not comply with the 18. has already reached the age of one. The entrepreneur therefore reserves the right to refuse the delivery of the goods to minors and not to carry them out.
9.Privacy, Photos/Videos
9.1.The entrepreneur and the customer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR) and any other statutory confidentiality obligations.
9.2.The entrepreneur processes the personal data necessary for this purpose for the purpose of fulfilling the contract. The detailed data protection information (data protection notice) acc. Art 13 ff GDPR can be found on our homepage at:
www.culinarycrafttours.com/pages/privacy-statement
9.3.The customer is obliged to take all necessary data protection measures, in particular those within the meaning of the GDPR (e.g. obtaining the consent of the data subjects), so that the entrepreneur may process the personal data for the purpose of the contractual relationship.
9.4.Im part of the tours, photos and/or videos can be made, which can (recognizably) depict the respective participants. If a participant does not wish this, he must inform the persons on site, in which case no photos/videos will be taken or only those that do not depict the participant in question. These photos/videos can be used by the entrepreneur for the purpose of promoting his own offer on social media channels or on the entrepreneur's homepage. The participants give their express consent to this.
10.Place of performance, contract language, choice of law, place of jurisdiction
10.1. The place of performance is the registered office of the entrepreneur.
10.2.The contract language is German.
10.3.The contracting parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of the entrepreneur has exclusive local jurisdiction to decide all disputes arising from this contract.
10.4. This contract shall be governed by substantive Austrian law to the exclusion of the reference norms of private international law (e.g. EVÜ, ROM I-VO) and the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to a consumer only insofar as it does not restrict any mandatory statutory provisions of the state in which he has his place of residence or habitual abode.
11.Teilnichtigkeit
11.1.Should provisions of this contract be legally ineffective, invalid and/or void or become void in the course of their duration, this shall not affect the legal validity and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
12.Schlussbestimmungen
12.1.All declarations of a legally binding nature on the basis of this contract must be made in writing to the last address of the other contracting party provided in writing. If a declaration is sent to the last address given in writing, it is deemed to have been received by the respective contractual partner.
12.2.The designation of the headings chosen for each chapter is for convenience only and is therefore not to be used for the interpretation of this Agreement.
12.3 The assignment of individual rights and obligations under these terms and conditions is only permitted with the express written consent of the other contracting party.
13.Online dispute resolution pursuant to Art. 14 Abs. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.