Version as of: May 2025
General Terms and Conditions of Kleinwalsertal Tourismus eGen
- for online bookings on the homepage of Kleinwalsertal Tourismus eGen
- for bookings via Kleinwalsertal Tourismus eGen
1. PREAMBLE
Kleinwalsertal Tourismus eGen (KT) acts as a travel agent and acts on behalf of, in the name of and for the account of an intermediary accommodation or other company or organiser. In the event of a booking, the contract is concluded exclusively between the person making the booking and the respective accommodation or other company or organiser. Kleinwalsertal Tourismus eGen (KT) expressly points out that various services offered at the same time are not provided or organised by Kleinwalsertal Tourismus eGen (KT) but are merely arranged by it.
Kleinwalsertal Tourismus eGen (KT) is not a tour operator within the meaning of the Package Travel Act (PRG) with regard to the services it offers but merely a travel agent. An exception exists if the capacity as a tour operator is expressly referred to in the course of the booking process. In this case, a package holiday within the meaning of the Package Travel Act (PRG) exists. In addition, the services provided by Kleinwalsertal Tourismus eGen (KT) may constitute combined travel services if the requirements of Section 2 (5) PRG are met.
The legal relationship between Kleinwalsertal Tourismus eGen and the person making the booking shall be governed by the provisions of the Package Travel Act (PRG) as amended from time to time in the case of the arrangement linked travel services and in the case of services for which it is expressly stated that Kleinwalsertal Tourismus eGen (KT) acts as the tour operator, otherwise and insofar as no contrary provisions of the Package Travel Act (PRG) apply, the supplementary provisions listed below shall apply.
The following General Terms and Conditions apply to all services provided by Kleinwalsertal Tourismus eGen (KT), irrespective of whether it is a matter of arranging services, arranging related travel services or acting as a tour operator. Any other conflicting or deviating terms and conditions are expressly rejected and shall not become part of the contract.
2. GENERAL PROVISIONS
2.1. Conclusion of a contract
A booking/contract is only concluded when Kleinwalsertal Tourismus eGen (KT) sends a booking confirmation in written form or by e-mail.
2.2. Image material
Kleinwalsertal Tourismus eGen (KT) accepts no liability for the content or accuracy of the image material provided by the accommodation or other companies or event organisers.
2.3. Down payment
The due date for payment of the deposit and final payment is determined by the arrangements made with the booking party or client and noted in the booking confirmation. It should be noted that the credit card company of Kleinwalsertal Tourismus eGen (KT) may not be the same as the credit card company of the accommodation or other company or organiser.
2.4. Place of fulfilment
The place of fulfilment for the services of Kleinwalsertal Tourismus eGen (KT) is the municipality of Mittelberg.
2.5. Legal system and place of jurisdiction
For contracts that are not concluded with consumers, the following applies:
- Exclusively Austrian law to the exclusion of the Austrian and European conflict of laws, rules of private international law and the UN Convention on Contracts for the International Sale of Goods
- The exclusive place of jurisdiction is the court with subject-matter jurisdiction for the municipality of Mittelberg.
2.6. Severability clause
Should a provision of these GTCs not be legally effective or become invalid, this shall not affect the validity of the remaining provisions. In this case, as well as in the event that a loophole becomes apparent, the invalid or unenforceable or missing provision shall be replaced by an appropriate provision which - as far as legally possible - comes closest to what the contracting parties intended or would have intended according to the economic sense and purpose of the agreement if they had considered the point when concluding this agreement.
3. LIABILITY AND WARRANTIES
3.1. General provisions on liability and warranty
3.1.1. The liability and warranty of Kleinwalsertal Tourismus eGen (KT) extends only to
- the careful selection of the respective organiser or service provider and the careful evaluation of experience gained;the proper provision of services, including informing
- the person making the booking and providing the necessary booking documents;the verifiable forwarding of bookings, declarations of intent and payments between
- the person making the booking and the service provider (accommodation or other company, organiser, etc.);
3.1.2. Kleinwalsertal Tourismus eGen (KT) is not liable and provides no guarantee for
- the provision of the services brokered or procured by it;
- services that cannot be fulfilled in whole or in part due to force majeure (weather conditions, avalanche danger and similar) or due to an insufficient number of participants announced in advance in accordance with Section 10 (3) Package Travel Act (PRG);
- claims for damages based on slight negligence that exceed the amount of the commission claim from the brokered transaction, as long as the damage does not result from a breach of a primary contractual obligation and does not involve personal injury.
3.2. Additional liability regulations for services if there is a linked travel service or a package holiday within the meaning of the Package Travel Act (PRG):
3.2.1. If Kleinwalsertal Tourismus eGen (KT) arranges associated travel services within the meaning of the Package Travel Act (PRG) or if Kleinwalsertal Tourismus eGen (KT) acts as a tour operator who puts together, contractually promises or offers a package holiday, it is liable in accordance with Section 17 Package Travel Act (PRG) for errors attributable to it due to technical defects in the booking system and for errors made during the booking process. No liability exists if the booking error is attributable to the booking party or traveller or is caused by unavoidable and exceptional circumstances.
3.2.2. The other liability and warranty provisions in Section 3.1 remain unaffected by this.
3.3. Additional liability regulations for services in the case of a package holiday within the meaning of the Package Travel Act (PRG):
3.3.1. If Kleinwalsertal Tourismus eGen (KT) acts as a tour operator who puts together, contractually promises or offers a package holiday, it is liable for warranty and compensation in accordance with the provisions of Sections 11 to 14 Package Travel Act (PRG).
3.3.2. Should a package tour not be fulfilled in whole or in part due to unavoidable and exceptional circumstances (weather conditions, avalanche danger or similar) or due to an insufficient number of participants announced in advance, Kleinwalsertal Tourismus eGen (KT) is neither liable for warranty nor liability. As these circumstances are beyond the control of Kleinwalsertal Tourismus eGen (KT), Kleinwalsertal Tourismus eGen (KT) is not liable for any frustrated expenses such as hotel and travel costs or similar damages.
3.3.3. The other liability and warranty provisions in points 3.1. and 3.2. remain unaffected by this.
4. TRANSFER OF THE PACKAGE HOLIDAY CONTRACT
4.1. If a package travel contract within the meaning of the Package Travel Act (PRG) exists, the traveller has the option of transferring the package travel contract to a person who fulfils all contractual conditions in accordance with Section 7 (1) Package Travel Act (PRG). The tour operator must be informed of the transfer in writing or by e-mail within a period of 7 days before the start of the package tour.
4.2. In addition to these General Terms and Conditions, the provisions of Section 7 Package Travel Act (PRG) must be observed in the event of transfer.
5. CANCELLATION BEFORE PERFORMANCE (CANCELLATION CONDITIONS)
5.1. For services that are not package tours within the meaning of the Package Travel Act (PRG), reference must be made to the cancellation conditions of the respective accommodation or other company, organiser or other service provider that has been brokered with regard to cancellation before the service is provided. In particular, for
Services provided by accommodation providers
In the case of bookings that exclusively include the services of an accommodation provider, the “General Terms and Conditions for the Hotel Industry (“AGBH” 2006)” in the currently valid version shall apply in the relationship between the booker and the accommodation provider, unless expressly agreed otherwise in writing. If the provisions of General Terms and Conditions for the Hotel Industry (AGBH 2006) contradict point 3 of these General Terms and Conditions, these General Terms and Conditions shall take precedence. For bookings of services of an accommodation provider participating in the “Flexi-Booking” programme, the Flexibility Guarantee replaces Section 5 of the General Terms and Conditions for the Hotel Industry (AGBH 2006) in its entirety.
AGBH 2006 as pdf for download (42 KB)
Services of the ski schools
When booking a ski course or other services of the ski schools in particular, the GTCs of the respective organising ski school (see in particular below) apply in the respective valid version unless expressly agreed otherwise in writing. If the GTCs of the ski schools conflict with point 3 of these General Terms and Conditions, these General Terms and Conditions shall take precedence.
GTC of the ski school Bödmen-Baad
GTC of the ski school Seite Egg
GTC of the ski school Ausserhirschegg
GTC of the ski school Hirschegg
GTC of the ski school Riezlern
Services provided by Snowcompany Kleinwalsertal (Sport Kessler | Sport Pauli | Sport Hilbrand)
For bookings that include services provided by Snowcompany Kleinwalsertal (e.g. winter equipment, etc.), the General Terms and Conditions of the respective member of Snowcompany Kleinwalsertal (see, in particular, below) apply in their current version, unless expressly agreed otherwise in writing. If the General Terms and Conditions of the respective member of Snowcompany Kleinwalsertal contradict point 3 of these General Terms and Conditions, these General Terms and Conditions shall take precedence.
GTC of Sport Kessler
GTC of Sport Pauli
GTC of Sport Hilbrand
Services of the Kleinwalsertal Mountain School
For bookings that include services provided by Mountain School Bergschule Kleinwalsertal, the General Terms and Conditions of Bergschule Kleinwalsertal (see, in particular, below) apply in their current version unless expressly agreed otherwise in writing. If the General Terms and Conditions of Bergschule Kleinwalsertal contradict point 3 of these General Terms and Conditions, these General Terms and Conditions shall take precedence.
General Terms and Conditions of other organisers and partners of Kleinwalsertal Tourismus eGen:
GTC Andi Haller
Further general terms and conditions of organisers, service providers and other partners of Kleinwalsertal Tourismus eGen (KT) can be found in the respective offer.
5.2. For services where Kleinwalsertal Tourismus eGen (KT) itself acts as the organiser without this being a package tour or a linked tour as defined by the Package Travel Act (PRG):
- In such cases, the person making the booking is entitled to withdraw from the contract up to 48 hours before the start of the event without incurring a cancellation fee.
- If the period between cancellation and the start of the event is less than 48 hours, the total price of the contractually agreed service must be paid.
5.3. For services where Kleinwalsertal Tourismus eGen (KT) acts as the organiser of a package tour within the meaning of the Package Travel Act (PRG):
5.3.1. In the case of a package tour within the meaning of the Package Travel Act (PRG), the provision of Section 10 Package Travel Act (PRG) shall apply with the proviso that the following cancellation fees shall apply in the event of cancellation by the booking party or traveller:
up to 3 months before departure.............................................0%
from 3 months to 1 month before departure.............................40%
from 1 month to 1 week before departure................................70%
in the last week before departure............................................90%
of the travel price.
5.3.2. No cancellation fee pursuant to point 5.3.1. shall apply if unavoidable and extraordinary circumstances occur at the destination of the package tour or in its immediate vicinity, which significantly impair the performance of the package tour or the transport of persons to the destination. In the event of cancellation of the contract, the customer is entitled to a full refund of all payments made for the package tour, but not to any additional compensation.
5.3.3. The right of Kleinwalsertal Tourismus eGen (KT) to withdraw from the contract in accordance with Section 10 (3) Package Travel Act (PRG), if the minimum number of participants specified in the contract is not reached or Kleinwalsertal Tourismus eGen (KT) is prevented from fulfilling the contract due to unavoidable or exceptional circumstances, remains unaffected by this.
5.4. Definition of time periods for the cancellation of online bookings :
The periods stated under point 5.3 (Cancellation conditions) are defined as follows for online bookings:
1 week = 7 days
1 month = 30 days
3 months = 90 days
5.5. CANCELLATION OF THE ACCOMMODATION CONTRACT WITH FLEXI-BOOKING - CANCELLATION FEE
For bookings of services of an accommodation establishment that participates in the “Flexi-Booking” programme, the following “Flexi-Booking” conditions of this point 5.5. replace Section 5 General Terms and Conditions for the Hotel Industry (AGBH 2006) in its entirety. Whether an accommodation provider participates in the “Flexi-Booking” programme is by the Flexi-Booking symbol on www.kleinwalsertal.com.
Cancellation by the accommodation provider:
5.5.1. If the accommodation agreement provides for a down payment and the down payment has not been made by the party in due time, the proprietor may withdraw from the accommodation agreement without granting a grace period.
5.5.2. If the guest does not turn up by 6.00 p.m. on the agreed day of arrival, there is no obligation to provide accommodation, except in the following cases
- a later arrival time was agreed;
- the contractual partner has paid a deposit. In this case, the premises shall remain reserved until 12.00 noon on the day following the agreed day of arrival. In the case of advance payment of more than four days, the premises shall remain reserved until 6 p.m. on the fourth day, whereby the agreed day of arrival shall be counted as the first day.
5.5.3. Depending on the contract concluded, the accommodation agreement may be cancelled by the accommodation provider for objectively justified reasons by means of a unilateral declaration within the period of 7, 14, 21 or 30 days before the agreed arrival date of the contracting party stated in the booking confirmation. Unless otherwise contractually agreed.
Withdrawal by the contractual partner – cancellation fee:
5.5.4. Depending on the contract concluded, the accommodation agreement may be cancelled by the guest by means of a unilateral declaration by the contracting party within the period of 7, 14, 21 or 30 days before the agreed arrival date stated in the booking confirmation without payment of a cancellation fee.
If the deadline stated in the booking confirmation is not met, cancellation is possible by means of a unilateral declaration by the contractual partner, subject to payment of the following cancellation fees:
With a period of 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 case of a no-show/late arrival, 90 % of the total stay of the cancelled nights will be charged.
With a period of 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 case of a no-show/late arrival, 90 % of the total stay of the cancelled nights will be charged.
With a period of 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 case of a no-show/late arrival, 90 % of the total stay of the cancelled nights will be charged.
With a deadline of 7 days:
- Free cancellation up to 7 days before arrival
- from 6 days before arrival, and in case of a no-show/late arrival, 90 % of the total stay of the cancelled nights will be charged.
Obstructions to the journey:
5.5.5. If the party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. flooding, etc.), the party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.5.6. The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.
5.5.7. The contracting party is obliged to inform the respective accommodation provider in good time of any impediments to arrival.
6. INFORMATION
6.1. General information
6.1.1. Right of cancellation for consumers
In accordance with the provisions of the Distance and Off-Premises Transactions Act (FAGG), a consumer has the right to cancel the respective contract within 14 days without giving reasons. The cancellation period is 14 days from the conclusion of the contract.
In order to exercise the right of cancellation, Kleinwalsertal Tourismus eGen, Walserstrasse 264, 6992 Hirschegg, info@kleinwalsertal.com Telephone: +43 5517 5114 0 must be informed of the decision to cancel the respective contract by means of a clear written declaration (e.g. a letter sent by post, fax or e-mail).
To comply with the cancellation period, it is sufficient for the notification of the exercise of the right of cancellation to be sent before the expiry of the cancellation period.
The consumer’s aforementioned right of cancellation does not apply to contracts for
- services, if the trader has started to perform the service before the end of the 14-day cancellation period on the basis of an express request by the consumer in accordance with Section 10 Distance and Off-Premises Transactions Act (FAGG) (in writing or by e-mail) and a confirmation (in writing or by e-mail) from the consumer of the consumer’s knowledge of the loss of the right of cancellation in the event of complete fulfilment of the contract and the service has been provided in full.
For the following contracts, the consumer has no right of cancellation in accordance with Section 18 Distance and Off-Premises Transactions Act (FAGG):
- Services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the cancellation period
- Services in the areas of accommodation other than for residential purposes, transport of goods, rental of motor vehicles and the supply of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the fulfilment of the contract by the entrepreneur.
Consequences of cancellation
- If the contract is cancelled, all payments received by Kleinwalsertal Tourismus eGen (KT) must be refunded immediately and at the latest within fourteen days from the day on which Kleinwalsertal Tourismus eGen (KT) receives notification of the cancellation of the contract. The same means of payment used for the original transaction will be used for this repayment unless expressly agreed otherwise. Under no circumstances will fees be charged for this repayment.
- If the consumer has expressly requested that the services should commence during the cancellation period and the services have not yet been provided in full, Kleinwalsertal Tourismus eGen (KT) must be paid an appropriate amount corresponding to the proportion of the services already provided by the time Kleinwalsertal Tourismus eGen (KT) receives the notice of cancellation compared to the total scope of the services provided for in the contract.
6.1.2. Contractual partner
Kleinwalsertal Tourismus eGen
Walserstrasse 264
A-6992 Hirschegg
Tel: +43 5517 5114 0
Fax: +43 5517 5114 419
e-mail: info@kleinwalsertal.com
6.1.3. Insurance
Unless otherwise contractually agreed, the travel price does not include travel cancellation insurance, baggage insurance, health insurance, repatriation insurance or other personal liability insurance.
6.1.4. Registration number
The registration number in the organiser directory of the Federal Ministry of Economy, Family and Youth is 2007/0088.
6.1.5. Important information on insolvency insurance for package holidays and related travel services:
In accordance with the Package Travel Ordinance (PRV), customer monies for package tours organised by Kleinwalsertal Tourismus eGen (within the meaning of the Package Travel Ordinance [PRV]) or if Kleinwalsertal Tourismus eGen has arranged associated travel services (within the meaning of the Package Travel Ordinance [PRV]) are covered under the following conditions:
6.1.5.1. The deposit (see point 2.3. of these GTC), provided it does not exceed 20% of the tour price, shall be at the earliest eleven months before the agreed end of the tour. The final payment (see point 2.3. of these GTC) shall be made at the earliest 20 days before the start of the trip concurrently with the handover of the travel documents to the traveller. No advance payments or final payments exceeding the amount of the deposit or final payment may be demanded, nor shall they be secured upon settlement.
6.1.5.2. The guarantor is Walser Privatbank AG, 6992 Hirschegg, Walserstrasse 263 (bank guarantee dated 8 January 2019).
6.1.5.3. All claims must be filed with the liquidator (Europäische Reiseversicherung AG, A-1220 Vienna, Kratochwjlestraße 4, Tel. No. +43/(0)1/3172500 73930, Fax No. +43/(0)1/3199367) within 8 weeks of the occurrence of insolvency.
Kleinwalsertal Tourismus eGen
Walserstrasse 264
A-6992 Hirschegg
Tel: +43 5517 5114 0
Fax: +43 5517 5114 419
e-mail: info@kleinwalsertal.com
Sales tax identification number (UID) – ATU 67604728
Payments on account:
Kleinwalsertal Tourismus eGen
IBAN: AT06 3743 4000 0393 0211
BIC: RANJAT2B
Contact point for complaints: Phone +43 5517 5114 0
6.1.6. The sum insured is calculated as follows:
It amounts to at least
- EUR 13,000.00 or
- 18 % of the turnover of the calendar year or
- 50 % of the turnover of the peak month, whereby the highest of the aforementioned amounts is to be used for the calculation.
6.1.7. Insurance against insolvency for package holidays and associated travel
Kleinwalsertal Tourismus eGen (KT) has taken out insolvency insurance with Europäische Reiseversicherung AG, which is mandatory for tour operators under the Package Travel Ordinance (PRV) 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
6.2. Additional information for services that are linked travel services within the meaning of the Package Travel Act (PRG):
6.2.1. The arrangement of combined travel services does not constitute a package holiday within the meaning of the Package Travel Act (PRG), and the booker or traveller cannot claim any resulting rights. Kleinwalsertal Tourismus eGen (KT) is NOT responsible for the proper provision of the individual services booked. Each provider of a travel service is only responsible for the contractual fulfilment of their own services. This also applies with regard to the obligation of return transport, which – unless expressly promised by the service provider – is not guaranteed.
6.2.2. When booking a linked travel service, the booking party shall be provided with the information in accordance with the standard information sheet in Annex II to the Package Travel Act (PRG), Part B or E, before the booking is finalised.
6.3. Additional information for services that are package holidays within the meaning of the Package Travel Act (PRG):
6.3.1. In the case of package tours within the meaning of the Package Travel Act (PRG), the traveller can make use of all EU rights that apply to package tours. Kleinwalsertal Tourismus eGen (KT) bears full responsibility for the proper execution of the entire package holiday.
6.3.2. Kleinwalsertal Tourismus eGen (KT) has the legally required security for the repayment of payments made by the booker or traveller and – if transport is included in the package tour – to ensure return transport in the event of its insolvency.
6.3.3. When booking a package holiday within the meaning of the Package Travel Act (PRG), the information in accordance with the standard information sheet in Annex I to the Package Travel Act (PRG), Part A or B, or C shall be made available to the person making the booking before the booking is finalised.
7. ORDER
Orders can be placed worldwide.
8. PRIVACY POLICY
8.1. The privacy policy of Kleinwalsertal Tourismus eGen (KT) can be accessed via the following link.