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General Terms and Conditions

bergfex GmbH

  1. Scope and validity of the Contract
  2. My Bergfex / Discussion forum
  3. Newsletter
  4. Company presentations
  5. Advertising / Online marketing
  6. Prices, taxes and fees
  7. Data protection
  8. Liability
  9. Place of jurisdiction
  10. Miscellaneous
  1. Scope and validity of the Contract

    The General Terms and Conditions below are exclusively applicable to the relationship between bergfex GmbH and the customer / user.

  2. My Bergfex / Discussion forum

    The Bergfex discussion forum is a public platform for the expression of opinion. We ask of you to keep your contributions objective, factual and in no way insulting. It is prohibited to publish comments which serve to advertise products or services (it is the prerogative of bergfex GmbH to delete such comments). The comments of users do not represent the opinion of the editors. bergfex GmbH accepts no liability for such content. A copy of the forum posting is sent to every responsible tourism region. Bergfex GmbH is entitled to delete and/or forward the author’s data to third parties at any time without stating reasons (the user explicitly agrees to this when using the Forum). Bergfex GmbH furthermore reserves the right to bar or delete the account of a user without furnishing reasons. Deletion of the comments and accounts is subject exclusively to bergfex GmbH judgement, whereby it is explicitly stated that the Forum user has no right to any claims or demands whatsoever against bergfex GmbH.

  3. Newsletter

    Bergfex GmbH newsletters are and were published exclusively with the consent by the affected party. Such consent is / was obtained especially in the areas "Enquiries" (for areas / accommodation), games of chance, etc. De-registering / unsubscribing is possible at any time without furnishing reasons at http://www.bergfex.com/newsletter/ and also in every newsletter received. The obtained consent gives bergfex GmbH the right to send information to the specific person and to forward same.

  4. Company presentations

    1. Term

      The term of the Contract for company presentations is one year from registration (the term therefore begins when the company is switched online at Bergfex).

    2. Notice period

      Bergfex has no notice periods for company presentations. Notice may be given at any time before the end of the contractual year - the company will retain its presence on Bergfex up to the end of the contractual year, whereafter Bergfex will remove it (no pro rata or similar refund of cost is applicable).

    3. Duration of the Contract

      Contracts for company presentations are concluded for a period of one year. The Contract is extended for another year at the end of each term, unless the company gives written notice of termination (e.g. by e-mail, fax, etc).

    4. Presentation fees / Establishment fees

      There are no establishment fees for company presentations on Bergfex. Bergfex invoices the fees for company presentations annually; the fees are payable no later than 14 days from receipt of invoice, without any deductions or charges (in case of default, € 5.00 or € 10.00 are charged for dunning and expenses, respectively). Bergfex is entitled at any time to delete the presentation should the agreed payments and deadlines for payment be violated. All prices are given exclusive of statutory VAT.

  5. Advertising / Online marketing

    Bookings for advertising (online marketing) on Bergfex may be made in writing (e-mail, fax, letter, etc.) and/or verbally. There are two ways of concluding a contract: 1. bergfex GmbH sends the customer written order confirmation by e-mail and/or fax. The order is deemed confirmed / booked unless the customer raises objections within 3 days from receipt of order confirmation. 2. A contract is also concluded when a customer signs a bergfex GmbH offer. The customer is obliged to send bergfex GmbH all the necessary content for the form of advertising which he has booked (text, photos, videos, etc.), unsolicited and in good time, at least 5 days prior to the start of the campaign. Bergfex GmbH reserves the right to bill the cost in full should the advertising material not be available in due time, without having to present the advertising material. The fees for booked advertising placements are due no later than 14 days from receipt of invoice, without any deductions or charges (in case of default, € 5.00 or € 10.00 are charged for dunning and expenses, respectively).

  6. Prices, taxes and fees

    In the B2C (Business to Consumer) sector, all prices are in Euro (€) inclusive of statutory VAT. In the B2B (Business to Business) sector, all prices are in Euro (€) exclusive of statutory VAT. All fees and taxes (especially VAT) are calculated based on the applicable laws.

  7. Data protection

    All content of bergfex GmbH websites is copyrighted. Unauthorised use or reproduction will be prosecuted under criminal and civil law. All retrievable data, graphics and information are provided for information purposes only and shall not be copied, fully or in part, and used without permission. Any form of reproduction or re-use on third party websites, even if only in part, will result in claims for damages. Text, images, videos and data may only be used subject to prior consultation with bergfex GmbH.

  8. Liability

    Website content and data are entered directly by the specific partner in each case (tourism associations, cable cars, accommodation, hotels, etc.) through online access to Bergfex. Bergfex GmbH accepts no liability for the data entered. Bergfex GmbH partners shall indemnify and hold bergfex GmbH harmless of and from any actions arising from data entered by these partners, irrespective of legal basis.
    bergfex GmbH cannot guarantee the completeness and accuracy of all data and assumes no liability in this respect. Liability for slight negligence shall be excluded. This applies especially to data such as snow depths, weather, etc. Compensation for consequential damage and financial loss, unrealised savings, loss of interest and damages resulting from claims by third parties against the contractor is excluded in all cases.

    1. Content partner / Booking engines

      Bergfex GmbH accepts no liability for civil disputes, damages, claims for compensation, etc. which arise through one of the integrated bergfex GmbH partners (or his supplied external data) (e.g. booking engines of Tiscover, Interhome, Feratel, Snowtrex, Blue Tomato, etc.). The aggrieved party may, without exception, address only the specific partner. Bergfex GmbH is entitled to forward the partner’s address / contact details directly to the aggrieved party. The terms and conditions stated there shall be applicable in each case.
      The specific contract partner undertakes to indemnify and hold bergfex GmbH harmless in all cases of whatever nature.

    2. Tours

      1. Bergfex GmbH as the Internet platform (host provider) accepts no liability and offers no warranty for the accuracy, correctness, completeness and permissibility of the tours presented on its platform (hikes, mountain hikes, mountain bike tours, snow shoe tours, etc.). It is not possible for bergfex GmbH to check each and all of the numerous tours presented.
      2. The authors of hikes, mountain hikes and mountain bike tours assure that they have described these in all conscience and that these are legal and unencumbered by the rights of third parties. They assume no liability for and do not guarantee the accuracy of the information, however, since the local situation may have changed due to natural events, road closures etc. Possible local regulations, such as prohibition of mountain bikes for instance, should therefore be noted. Everyone participating in one of the described tours is therefore personally responsible for the selection of routes, the assessment of dangers, especially in Alpine terrain, the assessment of personal capabilities, orientation, etc. Both bergfex GmbH and the authors therefore exclude all liability for damages of any kind arising from the utilisation of content on the platform made available by bergfex GmbH.
      3. Bergfex GmbH reserves the right to change or delete the pages made available.
    3. Images/photographs/videos

      You affirm with your consent of use and publication of image and video material (e.g. photographs and/or videos for tours, panorama maps, piste layouts, hotels, accommodation, etc.) on bergfex GmbH pages as well as through your transfer or online uploading of image and video material that you have the unlimited rights to the submitted material (this also includes all rights to music, for instance in videos). Bergfex GmbH shall be indemnified and held harmless of and from disputes arising from transmitted images/photographs/videos, irrespective of legal basis. Payments by bergfex GmbH for violation of rights to images and/or videos shall be chargeable by bergfex GmbH directly to the specific customer/transferring party. Everything you provide us with on these pages becomes the property of bergfex GmbH as it is received. Please do not send us confidential or copyrighted information via this website. Material that is proven to be copyright protected is not permitted and will be removed immediately. Please note that we consider all information and all material we receive in this way as not confidential. Should you nevertheless send us confidential information or material, you grant us the unlimited and irrevocable right to utilise, reproduce, display, execute, modify and to forward and further distribute such material. All stories, comments, suggestions, ideas, graphics or other information sent to bergfex GmbH through these pages automatically become the property of bergfex GmbH. We reserve the right to utilise such material at our discretion, which includes copying, publishing and distributing via these pages or any other known or future medium. Under no circumstances may you claim for payment, should we use your transmitted information for commercial purposes.
      Bergfex GmbH accepts no liability in the event of unauthorised use or distribution of images, unauthorised granting of reprint rights to third parties and unauthorised copying of any kind, including distribution to third parties.

    4. Content provision

      By uploading and/or sending their data, the partners (tourism associations, mountain railways, accommodation, hotels, etc.) agree that all data and content made available to bergfex GmbH (photographs, maps, descriptions, etc.) may also be distributed to content customers of bergfex GmbH. The partner is exclusively liable for the accuracy of the data. Bergfex GmbH partners shall indemnify and hold bergfex GmbH harmless of and from any actions arising from data entered by these partners, irrespective of legal basis. The aggrieved party may, without exception, address only the specific partner.

    5. Webcams

      Bergfex GmbH accepts no liability for the operation and functionality of webcams presented on Bergfex. By linking the webcams, the partners (tourism associations, mountain railways, accommodation, hotels, webcam partner companies, etc.) agree that bergfex GmbH is entitled to store the webcam images (e.g. for day archives, etc.). Bergfex GmbH furthermore has the right to allow its content partners to display the linked webcams or to distribute the webcam images to these as well. The integration of webcams is subject to the discretion of bergfex GmbH and may be refused at any time. Bergfex GmbH has the right to remove webcams again at any time and without furnishing reasons. It is explicitly stated that the webcam operator is not entitled to any claims and demands of any kind against bergfex GmbH in this respect.

  9. Place of jurisdiction

    The place of jurisdiction for the resolution of all disputes under this contract, including legal disputes over its existence or non-existence and irrespective of the amount in dispute, shall be Graz/Austria, i.e. exclusively the responsible court for the information processor. The information processor has the right to also prosecute the customer before another court. Austrian law shall be exclusively applicable.

  10. Miscellaneous

    Should individual provisions of this Contract be or become ineffective, the effectiveness of the remaining provisions of this Contract shall not be affected thereby.

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