ANB

General Terms of Use

General terms and conditions of use (GTC)

for websites of the sales brands of the company joe24 ReiseGmbH:

General terms and conditions of use (GTC)

for websites of the travel agency „Alinas-Reisen“, licensed agency partner (independent franchisee) of joe24 ReiseGmbH:

Sales brand joe24: joe24.at

Sales brand willweg: willweg.at/willweg.de/willweg.ch/willweg.reisen/willweg.tv

1. Scope and general information:

1.1. The travel division of joe24 ReiseGmbH, hereinafter referred to as the „provider“, operates the above-mentioned website (hereinafter referred to as the „website“). These general terms and conditions of use (hereinafter referred to as the „GTC“) apply to the use of the online offer on this website by „users“.

1.2. By using the joe24 website, the user declares that he or she agrees to these GTC.

1.3. The provider operates the website to broker contracts for package tours or other tourist services (hereinafter referred to as „products“) or to conclude them as a tour operator in its own name. The products can change at any time.

1.4. For contracts for products brokered or concluded via the website, additional conditions apply, such as general travel conditions, which are agreed between the user and their contractual partner.

1.5. Partner products are only advertised on the website. A contract for partner products is concluded with the partner.

2.Content:

2.1. Products on the website invite the user, without obligation, to send booking offers to the contractual partner.

2.2. The website is generally freely accessible. However, user registration is required for certain areas. The provider is free to design the content and is entitled to change, restrict, expand or completely discontinue its services at any time. There are no claims to continued operation, but also no claims arising from a restriction of the services of this website.

2.3. The website is operated with the involvement of advertising and third parties. The availability of some services depends on the involvement of third parties.

2.4. The user can be excluded from using individual or all services without giving reasons.

2.5. The websites are not directed at persons in countries that prohibit the content contained therein or its provision. Each user is responsible for informing themselves about any restrictions before accessing this website and for complying with them.

3. Competitions:

3.1. Anyone with a permanent residence in Austria is entitled to participate. The provider is entitled to further restrict the group of people eligible to participate in competitions (e.g. age restriction from 18 years). This will be indicated in the separate terms and conditions of participation. Employees of the provider and their relatives as well as employees of the companies participating in the competition and their relatives are not eligible to participate.

3.2. The provider reserves the right to exclude participants from the competition who manipulate or attempt to manipulate the participation process, the system and/or the competition/pages and/or violate the terms and conditions of participation or common decency and/or otherwise attempt to influence the competition in an unfair and/or improper manner. Unless otherwise announced, the winners will be determined after the competition has ended and will be named on a winners page. They will also be notified by email. The prize cannot be transferred to third parties. Cash payment of the prize and legal recourse are excluded; any taxes incurred are borne by the user. Any liability of the provider for the existence of the technical requirements for timely participation in the competition or the dispatch of the prizes (constant access to websites on which participation is possible or dispatch of the prizes by transport companies) is excluded. In the event of a win, the participants agree to the publication of their name and, if applicable, their photograph.

4. Transactions with third parties:

4.1. Transactions concluded by a user with third parties are concluded exclusively between the user and the designated provider of the goods or services covered by the contract. Any liability of the provider, in particular for the accuracy of the information provided by the third-party provider about its offers, is excluded.

5. Scope of use:

5.1. The user must be at least 18 years old and have legal capacity.

5.2. The user is entitled to use the provider’s services at his own risk and expense and is obliged to use only suitable technical devices.

5.3. The user must bear his own transmission fees. Access is free of charge unless otherwise stated.

5.4. The provider reserves the right to refuse users access to the joe24 website in part or in full without notice.

5.5. The joe24 website is only available to the user for personal use. The products contained on the website may not be resold, brokered or otherwise passed on to third parties for a fee.

5.6. The joe24 website may not be used for speculative purposes or for false or fraudulent bookings.

5.7. The user is responsible for all actions that are carried out under his name and using his personal data on the joe24 website.

5.8. The user assures that all information provided about himself and/or fellow travelers is true.

5.9. All texts, images, graphics, sound, video and animation files as well as their arrangement together with the underlying software codes on the joe24 website are protected by copyright and trademark law and/or other protective rights.

This content is the exclusive property of joe24 ReiseGmbH, unless the ownership of a third party is specifically marked. A violation of these copyrights can be prosecuted in criminal and civil courts. The joe24 website and its content may not be changed, copied, passed on, sold, published or reproduced in any way by the user. The integration and presentation of data/content (including prices) on third-party websites through interlinks, deep links or frames is expressly prohibited.

5.10. The user is only authorized to make copies, for example printouts of products, for private purposes.

5.11. For all other uses, including but not limited to reproduction for commercial purposes, transfer to or processing by third parties for their own or third-party purposes or for public reproduction, as well as for translation, editing or other reworking, the prior written consent of the provider is required.

5.12. The user may not remove copyright notices, trademarks and other legal reservations in the data. He is obliged to ensure that the authorship is acknowledged.

6. Liability:

6.1. The provider assumes no liability or guarantee for the accuracy, timeliness, freedom from errors or completeness of the products or for their usability.

6.2. This also applies to the accuracy, timeliness, freedom from errors or completeness of information provided by third parties (e.g. rental car, hotel or tour operator partners).

6.3. Passport, visa and health regulations presented for products apply exclusively to Austrian citizens.

6.4. Different regulations may apply to users with other nationalities or stateless persons, about which the user must inform himself at a consulate or embassy.

6.5. The provider is not liable to the user for any interruptions, disruptions, delays, deletions, incorrect transmissions or memory failure in connection with the use of services or communication with the user. The use of the services provided, in particular any data transmission, is at the user’s risk. Before transmitting data, the user must inform themselves about the compatibility of their computer system with the data provided by the provider for transmission. The provider excludes liability for malfunctions and damage to the computer systems of the user or a third party caused by the data transmission.

6.6. The liability of the provider and its employees, contractors or other vicarious agents („people“) is fundamentally limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injuries and damage to property that the provider has accepted for processing. Insofar as the provider’s liability is excluded or limited, this also applies to the personal liability of its people. 6.7. The provider is not liable for the conduct of users or third parties or for content or statements that are made available by users or other third parties as part of the services. The provider is not obliged to monitor processes; this obligation only arises when the provider becomes aware of illegal content. Any obligation to remove it only arises after knowledge has been gained and a reasonable period for review and removal has elapsed. Complaints should be sent to office@joe24.at.

6.8. The provider assumes no liability for the absence of viruses and other harmful programs, such as Trojans, spyware and the like, and recommends that the user install suitable protection programs and regularly update such programs.

7. Links:

7.1. Hyperlinks to websites operated by the provider may only be set after written consent has been given, which can be revoked by the provider at any time. The setting of frame and inline links is prohibited in all cases.

7.2. A link to third-party websites represents an additional service for the user. The inclusion of a website mediated or operated by a third party on the provider’s online offering does not represent any recommendation or guarantee for the content, services and products offered on the linked site. The provider assumes no liability or responsibility for the content of linked websites.

8. Place of performance, place of jurisdiction:

8.1. For consumers within the meaning of the Austrian Consumer Protection Act, the statutory places of jurisdiction apply.

8.2. For non-consumers within the meaning of the Austrian Consumer Protection Act, the exclusive jurisdiction of the court with jurisdiction for the company’s registered office is agreed for all disputes arising in connection with the use of the services, including the preliminary and subsequent effects.

9. Applicable law, effectiveness, written form:

9.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2. If individual terms of use are or become invalid in whole or in part, the remaining provisions remain valid. 9.3. There are no oral side agreements.

9.4. All information, consents, notifications or inquiries under these T&Cs as well as changes or additions to these T&Cs, including this clause, must be made in writing. Sending by email or fax is considered written form; this also applies to clicking on the corresponding buttons.

9.5. Deviations from these T&Cs only apply if they have been confirmed in writing by the provider. In particular, the mere failure of the provider to object to other T&Cs does not mean that these are deemed to have been agreed. 9.6. The provider reserves the right to change or add to these T&Cs at any time. Changes will be published and become binding for the user upon first acceptance or use of the services.

10. Use and participation in the community:

10.1. The above regulations also apply to all interactive services on the website such as forums, postings, weblogs and other communication forums (collectively „forums“). The forums are currently free of charge. The provider reserves the right to charge for the services at any time or to discontinue them without giving reasons. The provider cannot guarantee that the service is compatible with the user’s technical equipment. All forums represent public and not private communication. All third-party content in these forums is neither checked nor approved by the provider before it is posted.

10.2. In order to gain access to content and offers that require registration, the user must register by entering the requested data in the input mask. To prevent misuse, a traceable email address and a valid mobile number are required for registration on this website. In particular, it is forbidden to provide a non-existent email address or mobile number or the email address/mobile number of a third party. The data entered by the user must be entered correctly and completely. Changes or additions to the data must be reported to the provider immediately.

10.3. The user promises the provider not to save any content whose provision, publication or use violates applicable law or infringes the rights of third parties. The user guarantees in particular that no third-party rights (in particular copyrights) exist in the content saved by him or that he is entitled to the rights of use for more than just temporary reproduction, distribution and retrieval.

10.4. The user undertakes to indemnify and hold the provider and his employees harmless with regard to all claims based on the storage and publication of his content and to provide full satisfaction for the disadvantages incurred; this also includes the costs of a necessary and appropriate legal defense. If a third party claims that his rights have been violated by a user’s content, the provider is entitled to disclose all data stored about the user.

10.5. The user grants the provider a temporally, materially and geographically unlimited, transferable and exclusive right of exploitation and use of the content stored by him. The provider is not obliged to keep the user’s content available. The provider can reject user content at any time, publish it elsewhere, shorten it or delete it.

10.6. It is expressly forbidden to post racist, pornographic, degrading, offensive or morally reprehensible posts. It is expressly forbidden to distribute content that incites hatred against parts of the population (incitement) or that promotes propaganda for an anti-constitutional organization, as well as defamatory and reputation-damaging or business-damaging statements, as well as junk mail, spam, chain letters and other content of an advertising nature. Commercial use of the forum, postings and weblogs requires the express written consent of the provider. It is also forbidden to use machines, algorithms or other automatic functions to generate page views or content.

10.7. It is not permitted to publish private data such as names, addresses, telephone numbers or similar in posts. Private emails or messages may not be published without the consent of the sender.

11. Obligations of the user and service disruptions:

11.1. The user may only use the provider’s service appropriately. In particular, he will not misuse the access options, especially not in contradiction to the T&Cs, and will respect the law and the rights of third parties; check outgoing emails and queries sent to the provider or cooperation partners for viruses with the greatest possible care; comply with legal, official and technical regulations;

11.2. If there is suspicion of misuse or significant breaches of contract, the provider reserves the right to investigate these events, take appropriate precautions and, if there is reasonable suspicion, block the user’s access to the content and/or, if there are particularly serious breaches, terminate the contractual relationship without notice.

11.3. The provider is entitled to monitor the services it offers and their use by the user and to take all measures necessary to ensure compliance with these T&Cs and netiquette (sending warnings, deleting content, blocking the user). In the event of a breach of obligations under the T&Cs and netiquette, the provider is entitled – without prejudice to further claims for damages – to a processing fee of €150 to cover the costs of restoring the lawful state of affairs. The provider is also entitled to forward content it considers to be illegal to the relevant authorities without prior notification to the user and to provide them with all information necessary for prosecution.

11.4. Every protected content distributed by the user should, regardless of any other legally required information, contain a reference to the protection right to which it is subject. Appropriate copyright or other markings (e.g. name of the photographer) must be observed and must be added by the user on their own responsibility, even when making copies. Markings and other information may not be deleted, falsified or made unrecognizable without the consent of the authorized party. In any case, they indemnify the provider against any claims by third parties that may be asserted against the provider due to infringement of third-party rights or illegal or contractually-violating behavior by the member