Terms of use for online sales
Valid for our websites www.railtours.at, kombitickets.railtours.at, dynamic.railtours.at and https://erlebnistickets.railtours.at! Wherever your journey takes you - our websites www.railtours.at, kombitickets.railtours.at and dynamic.railtours.at provide you with up-to-date information on suitable travel offers. To ensure that these provisions remain easy to read and clear, we always use the term "user" to refer to all persons. When we refer to "ÖBB Rail Tours" or "us", we always mean Rail Tours Touristik Ges.m.b.H. The term "software" is used for the websites www.railtours.at, kombitickets.railtours.at and dynamic.railtours.at. 1. We are constantly optimizing our software so that our applications are easy for you to use and provide you with relevant offers and functions. If we provide you with new or modified functions, we will also adapt our terms of use if necessary. As soon as you use the websites www.railtours.at, kombitickets.railtours.at or dynamic.railtours.at., the present terms of use for the website are deemed to have been agreed. We will also inform you of any future amendments and additions to our terms of use.
2. you may use our websites www.railtours.at, kombitickets.railtours.at and dynamic.railtours.at, in particular our online sales, for private use for an unlimited period of time, unless a separate agreement has been concluded with us. This right is not exclusive, cannot be transferred and does not include commercial use. The granting of further, additional rights of use must be agreed with us in writing in advance. All industrial property rights or rights of use of this software, i.e. all intangible rights protected by the applicable laws for the protection of intellectual property (including copyright law), are exclusively vested in us.
3. you may not modify, copy, reproduce, sell, rent, supplement or in any other way exploit information, brand names and other content without our prior written permission.
4. you may not yourself or through third parties:
copy, sell, rent, lease, loan, sublicense, transfer or otherwise distribute, modify, translate, create derivative works from or reproduce or adapt the Software or any part thereof in any form or by any means, or discover the source code of the Software by decompiling, reverse engineering or otherwise;
take any action to circumvent or override security measures or any regulation governing the use of the software (including full digital rights management and the prevention of redistribution [forward-lock],
use the Software to access, copy, transmit, decrypt or retransmit any Content in violation of any law or the rights of any third party; or
remove or alter the copyright notice, a trademark or reference to any other right of ÖBB-Fernbus GmbH or a third party associated with or contained in the product.
5. Our website and any interfaces are intended for your personal use. In particular, the following activities are not permitted:
Automated reading and downloading of data using appropriate programs ("robots", "crawlers", "spiders", "screen scraping tools")
Attempts to gain access to non-public information or to falsify or suppress information ("hacking")
Use of the information offered for embedding in other websites or mobile applications (e.g. through framing or comparable technologies)
Taking other actions that place a disproportionately high load on our infrastructure.
Any use other than the retrieval of travel information and the purchase of products requires that you have made a separate written agreement with us.
6. violating the provisions of these Terms of Use and/or using the Software in a manner that violates the provisions of these Terms of Use is strictly prohibited and may subject you to civil and/or criminal penalties, including, without limitation, an obligation to pay damages for copyright infringement. Even an attempt to take such action constitutes an infringement of our rights.
7. We test our software intensively before we make it available for your use. Should it nevertheless occur that our software leads to direct damage to your device, we shall be liable for this if this is due to intent or gross negligence on our part. We accept no liability for indirect damage, consequential damage or loss of profit or for loss or alteration of data. We accept no liability for viruses, intrusions, hacking or other security-related faults attributable to third parties.
8. the provisions of these Terms of Use will also apply to any upgrades that we make available to you that replace or supplement the current Software, unless such upgrade is subject to separate terms of use.
9. If you wish to use our software, you must provide personal data such as your name, address and payment details. We need this data to be able to offer you the right product. Please ensure that this data is correct and complete, otherwise we will not be able to provide you with the best possible support for your travel plans. You can read how we handle your personal data in our privacy policy.
10. If you purchase a product / service from us, our General Terms and Conditions and the General Terms and Conditions of Travel also apply.
11. All offers and displayed times in our software refer to (Central European Time - CET).
12. If any provision of this Agreement becomes invalid, unenforceable or impracticable, the remainder of this Agreement shall not be affected thereby. The invalid, unenforceable or unenforceable provision shall be replaced by a valid, enforceable and enforceable provision that comes closest to the intended economic purpose. The same applies in the event of a loophole.
13. there are no collateral agreements with us. Ancillary agreements must be agreed with us in writing.
14. Austrian law shall apply to our Terms of Use, with the exception of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna, unless the transaction is a consumer transaction pursuant to § 1 of the Austrian Consumer Protection Act.