1. Scope of Application
1.1 ecoplus Alpin GmbH, Niederösterreich-Ring 2, Haus A, 3100 St. Pölten, Tel.: +43 2742 9000-19603, info@freundederberge.at (hereinafter referred to as "Operator") operates the website freundederberge.at.
1.2 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all services related to the sale of products and services (hereinafter collectively referred to as "Services") between the Operator and the individuals who utilize the services offered by the Operator (hereinafter referred to as "Customers").
2. Membership and Purchase of Freunde der Berge Card
2.1.1 Membership requires the purchase of a Freunde der Berge card.
2.1.2 Customers can purchase the Freunde der Berge card online in the Operator's webshop at www.freundederberge.at.
2.1.3 Freunde der Berge cards are non-transferable.
2.1.4 If a customer purchases a Freunde der Berge card through the Operator's webshop, the provisions set out in Section 3 of these GTC additionally apply.
2.1.5 In case of loss of the Freunde der Berge card, a new Freunde der Berge card can be purchased from the Operator for a fee.
3. Special Provisions for the Webshop
3.1 General
3.1.1. The provisions of this Section 3 apply to all purchases made through the Operator's webshop. The webshop is available at www.freundederberge.at.
3.1.2 The Freunde der Berge cards available for purchase through the webshop are sold exclusively by the Operator.
3.1.3 All prices are stated in euros, including all taxes and duties.
3.2 Ordering Process
3.2.1 Before submitting a binding offer, the customer has the opportunity to inform themselves about the various products available in the webshop.
3.2.2 In the webshop's user interface, the customer receives information about the prices and the essential characteristics of the products.
3.2.3 After selecting the desired product, the customer must provide their personal information (name, address, date of birth).
3.3 Order Confirmation, Conclusion of Contract, and Receipt of the Freunde der Berge Card
3.3.1 The information presented in the webshop does not constitute a binding offer by the Operator, but an invitation for the customer to make an offer based on the displayed information. A legally binding contract is only concluded with the acceptance of the offer by the Operator by sending a contract confirmation.
3.3.2 After selecting the desired product and entering personal information, the customer is shown an overview of their order. The customer has the opportunity to review and, if necessary, correct their entries.
3.3.3 By clicking the "pay" button, the customer confirms their entries and is redirected to the payment service provider. By completing the payment process, the customer submits a legally binding offer. The customer receives a confirmation from the Operator acknowledging receipt of the offer, which, however, does not yet constitute acceptance of the offer. A legally binding contract is only concluded when the Operator confirms acceptance of the offer in a separate email.
3.4 Information on the Right of Withdrawal
3.4.1 The customer has a statutory right of withdrawal under § 11 of the Distance and Off-Premises Transactions Act ("FAGG") when purchasing a product via the Operator's webshop.
3.4.2 The customer may withdraw from such a contract within fourteen days of contract conclusion without providing any reason.
3.4.3 To exercise the right of withdrawal, the customer must inform the Operator (ecoplus Alpin GmbH, Niederösterreich-Ring 2, Haus A, 3100 St. Pölten, Tel.: +43 2742 9000-19603, info@freundederberge.at) of their decision to withdraw from the contract. The customer may use the model withdrawal form available under the withdrawal form section, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
3.4.4 If the customer withdraws from such a contract, the Operator must immediately and no later than fourteen days from the day on which the Operator received the notice of contract withdrawal, refund all payments made by the customer to the Operator. For this refund, the Operator will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this refund.
3.4.5 If the customer has requested that the Operator begin the performance of services during the withdrawal period, the customer shall pay the Operator a reasonable amount that corresponds to the proportion of services already provided up to the point in time when the customer informs the Operator of the exercise of the right of withdrawal with respect to this contract, compared to the total extent of services provided for in the contract.
3.5 Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. The Operator is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not voluntarily participate.
4. Contact
The Operator's contact information is:
ecoplus Alpin GmbH, Niederösterreich-Ring 2, Haus A, 3100 St. Pölten, Tel.: +43 2742 9000-19603, info@freundederberge.at
5. Final Provisions
5.1 The Operator does not submit to any out-of-court complaint or remedial procedures.
5.2 These GTC can be accessed, saved, and printed at any time under the GTC section.
5.3 The contract language is German. Only the German version of these GTC is binding.
5.4 The Operator reserves the right to amend these GTC from time to time. Such changes shall only apply to future purchases. The version current at the time of purchase applies.
1. Vouchers can be purchased by individuals who wish to utilize the services offered by the Operator (hereinafter referred to as "Customers") via the website of the Operator ecoplus Alpin GmbH, Niederösterreich-Ring 2, Haus A, 3100 St. Pölten, Tel.: +43 2742 9000-19603, info@freundederberge.at (hereinafter referred to as "Operator").
2. The service provider INCERT eTourismus GmbH & Co KG is used for processing the purchase of vouchers. The contract is concluded between the Customers and the Operator.
3. Vouchers can be used exclusively for purchasing services in the Operator's webshop. The value of the voucher will be credited against the total invoice amount. If the value of the selected service(s) exceeds the value of the voucher, the difference can be paid using any other valid payment method. If the value of the voucher exceeds the value of the selected services, a residual value remains on the voucher.
4. Vouchers are generally valid for 30 years, unless a shorter duration has been agreed upon in individual cases due to a valid reason.
5. When purchasing services in the Operator's webshop, the Operator's General Terms and Conditions apply, which can also be accessed on the respective website.
6. The information presented during the purchase of vouchers does not constitute a binding offer by the Operator, but an invitation for the customer to make an offer based on the displayed information. A legally binding contract is only concluded with the acceptance of the offer by the Operator by sending a contract confirmation.
7. After selecting the desired voucher amount and entering personal information, the customer is shown an overview of their order. The customer has the opportunity to review and, if necessary, correct their entries.
8. By clicking the "pay" button, the customer confirms their entries and is redirected to the payment service provider. By completing the payment process, the customer submits a legally binding offer. The customer receives a confirmation from the Operator acknowledging receipt of the offer, which, however, does not yet constitute acceptance of the offer.
9. After completion of the payment process and acceptance of the offer by the Operator, the voucher is sent to the customer's provided email address as part of the contract confirmation. The vouchers can be redeemed in the Operator's webshop during the payment process by entering the individualized voucher number.
10. The Operator reserves the right to exclude certain services from purchase with vouchers. Services that are excluded are clearly marked in the Operator's webshop.
11. Cash payout of vouchers or remaining credit balance is not possible. Lost or stolen vouchers cannot be replaced.
12. The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. The Operator is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not voluntarily participate.
13. The Operator's contact information is: ecoplus Alpin GmbH, Niederösterreich-Ring 2, Haus A, 3100 St. Pölten, Tel.: +43 2742 9000-19603, info@freundederberge.at
14. The Operator does not submit to any out-of-court complaint or remedial procedures.
15. These General Terms and Conditions can be accessed, saved, and printed at any time under the General Terms and Conditions section.
16. The contract language is German. Only the German version of these General Terms and Conditions is binding.
17. The Operator reserves the right to amend these General Terms and Conditions from time to time. Such changes shall only apply to future voucher purchases. The version current at the time of the voucher purchase applies. This also applies for the entire validity period of a voucher.
Information on the Right of Withdrawal
Withdrawal
The customer has the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the customer, or a third party named by the customer, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, the customer must inform the Operator (ecoplus Alpin GmbH, Niederösterreich-Ring 2, Haus A, 3100 St. Pölten, Tel.: +43 2742 9000-19603, info@freundederberge.at) of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or email). The customer may use the model withdrawal form available under the withdrawal form section, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If the customer withdraws from this contract, the Operator must refund all payments received from the customer, including delivery costs (except for additional costs resulting from the customer choosing a type of delivery other than the least expensive standard delivery offered by the Operator), immediately and no later than fourteen days from the day on which the Operator received the notification of withdrawal from this contract. For this refund, the Operator will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged fees for this refund.
The Operator may withhold the refund until the goods have been returned, or until the customer has provided evidence of having sent back the goods, whichever is the earlier.
The customer must send back or hand over the goods to the Operator immediately, and in any event not later than fourteen days from the day on which the customer communicated the withdrawal from this contract to the Operator. The deadline is met if the customer sends back the goods before the fourteen-day period has expired.
The customer bears the direct cost of returning the goods.
The customer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Effective as of 12.12.2023
