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Terms & conditions
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General Terms and Conditions (AGB)
For the use of www.gentle-tours.org
(as of: 20.09.2006)

1. Definitions
1.1. The "operator" and owner of the Internet database system www.gentle-tours.org is Hannah Feigl working in Vienna/Austria.
1.2. The Internet database system "www.gentle-tours.org" is a comprehensive information system based on Internet and Application Services Providing (ASP) technologies.
1.3. 'Information providers' are tourist service providers such as destinations (countries, regions, towns and villages) as well as accommodation providers, catering operations, camping sites, or tour operators with their own legal personality or the current firm or operator.
1.4. 'Content' entails the data, texts, photographs, graphics, logos and audio and video sequences made available in analogue and digital format, regardless of the respective file format.
1.5. 'Written’ or ’in writing' hereinafter means by letter, fax or e-mail. Written communications are only valid, if they are furnished with an official sender's address.
1.6. 'Use' of www.gentle-tours.org means the right of the information providers to enter their content into the database via an input mask in accordance with these General Terms and Conditions or to have it entered via third parties and thus to make it available on the Internet for worldwide retrieval.
1.7. 'End customers' are consumers who use the content via www.gentle-tours.org for information purposes.

2. General information
2.1. These General Terms and Conditions (AGB) shall govern the reciprocal rights and obligations between the operator and its information providers in connection with the use of www.gentle-tours.org. They shall not apply for the legal relationships between the information providers and their end customers.
2.2. The operator shall be entitled to change these General Terms and Conditions at any time. Each amendment shall be legally binding as soon as the amended General Terms and Conditions are retrievable under www.gentle-tours.org. Significant content-related amendments to the General Terms and Conditions will be notified to the information providers in writing by the operator. If the information providers are not in agreement with these amendments, they may terminate in accordance with Section 7.3.
2.3. These General Terms and Conditions shall be legally-binding in the German language.

3. Subject-matter of the contract and prices
3.1. The operator shall make www.gentle-tours.org available to its information providers for non-exclusive use against payment of an appropriate fee.
3.2. The prices and their due date for the use of www.gentle-tours.org result from the always up-to-date "Information for acceptance" under www.gentle-tours.org. If the information providers do not pay the agreed fees within the stipulated period, the operator shall be entitled – regardless of the right for the early termination of the contract – to block the appearance of the information providers in www.gentle-tours.org until the situation in accordance with the contract has been restored again.
3.3. Irrespective of the technological performance, the operator shall be entitled at any time – without giving reasons – to change, to improve or to switch www.gentle-tours.org to other products and technologies, without any entitlements accruing to the information providers from this – with the exception of a right of termination.

4. General rights and obligations of the information providers
4.1. The information providers shall be entitled to the non-exclusive use of www.gentle-tours.org during the period of the ongoing contractual relationship.
4.2. The information providers shall give an undertaking for the correct description of their offer and the prices contained therein. They shall assume sole responsibility and liability for their accuracy. The operator may not be held liable to the information providers for incorrect details in the database.
4.3. Access for information providers to www.gentle-tours.org is effected by the identification of the information providers by means of the input of a user name and password. The information providers shall give an undertaking to keep user names and passwords secret and to protect them against the access of unauthorised third parties. The information providers shall assume complete liability for this.
4.4. The information providers shall guarantee to the operator that they have full responsibility and authority to be able to enter into a contractual relationship with the operator of www.gentle-tours.org on the basis of these General Terms and Conditions.

5. Input, maintenance and use of the content
5.1. The information providers shall give an undertaking for the prompt, accurate and utmost comprehensive input of an up-to-date content in www.gentle-tours.org.
5.2. The information providers shall give an undertaking that the content that they input in www.gentle-tours.org:
5.2.1. infringes no intellectual property rights such as, above all, photo rights, image rights, intellectual property rights and trademark rights of third parties and other property rights of third parties and no rights of publication and of data protection;
5.2.2. infringes no public laws, public order, public statutes or regulations including export guidelines or provisions for e-commerce;
5.2.3. is not disparaging of a business, illegally menacing or hounding;
5.2.4. is not obscene and pornographic;
5.2.5. infringes no rights regarding unfair competition, discrimination and misleading advertising; and
5.2.6. contains no viruses, 'Trojan horses', 'worms', 'time bombs', 'cancel bots' and other software programme routines that may damage or otherwise negatively affect in any way any system, data or personal information.
5.3. Should the operator be claimed against by third parties in or out of court from the use of this content, the information providers shall declare with legally-binding effect to completely indemnify and hold the operator harmless in respect of this content and to reimburse all costs on first request by the operator.
5.4. In so far as their own content is concerned, the information providers shall confirm with legally-binding effect that they have the necessary exploitation rights without any restrictions.

6. Additional liability of the operator
6.1. The operator shall not be liable for legal transactions between the information providers and clients, which have come about due to the information in www.gentle-tours.org.
6.2. The operator shall assume no liability for possible consequential losses from the unavailability of www.gentle-tours.org or its interruption of business as well as the use of www.gentle-tours.org by third parties.
6.3. The operator shall assume no liability for an unlimited availability of www.gentle-tours.org in terms of time and for losses possibly arising, which result from an interruption of lines by third parties or a temporary shutdown of www.gentle-tours.org.
6.4. The operator shall not be liable for entries in the database by customers (e.g. in the visitor's book).
6.5. No liability exclusions shall apply for losses that were caused by wilful intent or gross negligence on the part of the operator. Also, claims that are based on mandatory statutory provisions for product liability shall remain unaffected.

7. Contract period, termination
7.1. The agreement regarding the use of www.gentle-tours.org by the information providers is made for one year. It shall be extended automatically by a further year in each case, provided that it is not terminated in accordance with Section 7.2. by one of the contracting partners. Deviations shall require agreement in writing.
7.2. The agreement regarding the use of www.gentle-tours.org may be terminated in writing by either contracting partner without giving reasons, subject to a notice period of at least 1 month upon expiry of the contract.
7.3. The information providers shall be entitled to terminate the agreement regarding the use of www.gentle-tours.org within 4 full weeks from the coming into effect of new or significantly changed General Terms and Conditions, whereby such changes that merely relate to the systematics or the linguistic wording of the General Terms and Conditions, without content-related amendments, shall not be significant changes.
7.4. The contract may be terminated by the operator without notice in the event of infringement or non-fulfilment of one of the following important obligations by the information providers:
7.4.1. if the information providers provide no data or data that does not comply with the requirements for daily topicality, accuracy, comprehensiveness, representativeness;
7.4.2. if the information providers provide data that infringes Section 5.2.;
7.4.3. if an inability to pay arises with the information providers or if an insolvency procedure is instituted regarding the assets of the information providers or such a procedure is rejected for lack of funds.

8. Data protection
8.1. The personal data that is provided by the information providers is protected and will only be used by the operator for the execution of the services agreed between the operator and the information providers.

9. Concluding provisions
9.1. The use of www.gentle-tours.org shall be subject to Austrian law. The place of performance and legal venue shall be exclusively Vienna in each case.

www.sanftes-reisen.org / tel: 0043 (0) 650 710 89 59 / der Folder zum Download / www.gentle-tours.org /download folder