Terms and Conditions of Use
Terms and Conditions of Use
Kärnten Werbung operates websites serving the payable and free promotion of Carinthia as a tourist destination. All users are requested to read carefully the following terms and conditions as well as the other legal requirements. In order to use the websites, the user must declare their consent to the terms and conditions specified below. By using the websites, the user accepts the terms and conditions and all other legal requirements. Should a user not accept the terms and conditions, then they are not permitted to use the relevant websites any further. If a user violates specific provisions or all provisions of the terms and conditions below, then they automatically and immediately lose their right to use the websites. If such a violation has occurred, Kärnten Werbung reserves the right to assert whatever claims may be relevant in a given instance (e.g. for damage compensation) towards the relevant user(s).
The websites may only be used for information purposes, both privately and for business. All content of the websites is copyrighted. This copyright exists independently of whether content is offered for free or against payment of a charge. Any form of duplication, distribution, renting, lending, provision of public access and any other use of any kind whatsoever requires express written permission from Kärnten Werbung and is expressly prohibited in all cases where no such permission has been granted. An exception shall be made if a specific provision expressly contains regulations in derogation thereof. Violations of this provision may, in particular, have consequences under trademark, copyright and competition law. Kärnten Werbung expressly reserves all copyrights and the resulting utilisation rights (i.e. exploitation rights and usage permission) as well as any other rights to content provided on the websites.
3. Data protection
Kärnten Werbung cannot guarantee that the websites will be accessible continually and at all times. Technical faults and/or servicing and other causes (e.g. a relaunch of the websites) may result in the sites being unavailable, either briefly or for a longer period of time. Kärnten Werbung bears no responsibility for any specific availability of or access to its websites. Kärnten Werbung does not guarantee the correctness, completeness, legality, objectivity or up-to-date character of content provided on the websites. The same applies to all products and services, including their descriptions and price details, provided on the websites. Kärnten Werbung may adjust, change or remove site content and entire websites at any time and without prior notice.
Kärnten Werbung and individuals and/or companies associated with the same cannot be held liable for any damage of any kind (e.g. loss of profit, fruitless expenses, damages arising from loss of data, lost earnings, claims under enrichment law, cost of legal advice and contract set-up costs) – see below, “Limitations of liability”. This exclusion of liability refers, in particular, to all damage caused by the use of the websites, the temporary or permanent inability to use the websites (downtime), the limited availability of the websites and/or their content, faulty presentation of content, the presentation of third-party content and the presentation of hyperlinks on the websites. Moreover, Kärnten Werbung bears no liability whatsoever in cases where the use of the websites or their content causes damage to hardware and/or software or other files. The user acknowledges that services offered by Kärnten Werbung also include the involvement of third-party network operators. The availability of services is therefore dependent on the technical provision of third-party network services. Kärnten Werbung accepts no duty to ensure that the services it offers should be continually uninterrupted and accessible on the internet at all times. The user is aware that Kärnten Werbung has no control over internet access, the transmission rate or the availability or stability of network connections or access options. Kärnten Werbung may suspend its services for a reasonable amount of time for internal reasons, for example maintenance purposes. Temporary restrictions of services may occur, in particular, as a result of force majeure, industrial action, lockouts, official instructions, technical changes to the facilities of Kärnten Werbung and any other measures required for proper or improved operation (e.g. servicing, repairs, etc.). The user cannot derive any claims from such instances, although Kärnten Werbung will endeavour to ensure the removal of a given fault as quickly as possible. Whenever the user uses the services of Kärnten Werbung, they do so at their own risk and expense and may only use suitable technical equipment, such as appropriate computers, modems, etc. The user shall furthermore only use the services in compliance with statutory provisions and shall, in particular, refrain from any improper use of the services. In instances where services are provided free of charge, Kärnten Werbung reserves the right at any time to change the same to chargeable services after prior notice. The user has no entitlement to the provision of charge-free services. On its websites Kärnten Werbung also offers its users services (e.g. information) that have been provided, created or otherwise made available by third parties. Where possible, Kärnten Werbung shall endeavour not to let the operation of its websites violate any third-party rights, in particular, but not exclusively, copyright, exploitation rights, trademark rights and any other utilisation rights. Kärnten Werbung, however, accepts no warranty that the services used by users (such as information) are free from third-party rights, particularly – though not exclusively – from copyright, exploitation rights, trademark rights or other utilisation rights. It bears no liability for any damage that might occur as a result. Kärnten Werbung accepts no liability whatsoever for free software downloads it may offer on its websites (e.g. screensavers) or indeed for the functioning of such downloads. In particular, no liability can be accepted for possible (consequential) damage resulting from the use of software (e.g. damage to the operating system) – see below, “Limitations of liability”. Kärnten Werbung will endeavour to ensure the correctness, completeness and up-to-date character of price details specified on this website. However, as Kärnten Werbung receives price details from third parties, it is not in a position to verify their correctness. In particular, such details are subject to regular changes. Kärnten Werbung therefore accepts no liability for the correctness, completeness or up-to-date character of price details specified on websites. This general exclusion of liability applies irrespective of any grounds for claims that may be asserted for slight negligence and – if asserted by a business – also for gross negligence. Exclusion of liability covers both contractual and non-contractual claims. However, it does not cover personal injury, mandatory legal liability provisions or intentional damage.
Kärnten Werbung may change, adapt or update these terms and conditions of use and all other legal texts at any time, without prior notice and in any form. The current version of these terms and conditions is binding. All site users should view these terms and conditions and the relevant legal requirements at regular intervals, so that they can keep up to date about any changes. All site users expressly declare their consent that the relevant latest version enters into effect as soon as they visit the website again. This is unless they expressly and in writing object to the latest version of the terms and conditions or of the other legal texts.
Kärnten Werbung bears no liability for linked websites and their content. The hyperlinks on the websites are a free service provided by Kärnten Werbung. Kärnten Werbung has no control over the design of or changes to linked websites or over any content provided on the same. If hyperlinks on the websites refer to third-party content, then the provision of such hyperlinks does not constitute any evaluation of the linked content. In particular, Kärnten Werbung accepts no liability of any kind for the correctness, completeness, legality, objectivity or up-to-date character of such content. Any access to information reached via hyperlinks on the websites is exclusively the responsibility of the user. All users are requested to read the provisions on linking and framing. If, as a user, you notice that a link refers to legally problematic content, we should be grateful if you would notify Kärnten Werbung by email – email@example.com – about the link, so that it can be removed as soon as possible if necessary.
8. Place of jurisdiction, place of performance and applicable law
If the user is a business person, then the court of law with jurisdiction for Klagenfurt am Wörthersee shall be the only one with competence for any disputes that may arise, and disputes shall be exclusively subject to substantive Austrian law, excluding the UN Sales Convention (CISG) and national conflict-of-law provisions. If the user is a consumer within the definition of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), then this only applies if they have their place of residence, their place of habitual abode or their place of employment within the area covered by this active law. The place of performance for all claims and obligations is the registered office of Kärnten Werbung.
9. Severability and miscellaneous provisions
Users who are business persons are subject to the following provision: Should individual provisions in these terms and conditions of use become null and void or ineffective, then this shall not affect the legal validity of the remaining provisions; in such a case provisions shall be deemed to have been concluded that are legally valid and which come as close as possible to the original purpose intended by Kärnten Werbung. In cases where the written form is required, it shall be sufficient for such documents to be sent by fax or email.