|Version: 23.06.2014 (2014-06-23)
GENERAL TERMS AND CONDITIONS
for the use of the tourism platform www.upps.at and its ancillary websites www.upps.it, www.upps.org, www.upps.biz, www.upps.info, www.upps.cz, www.upps.ch, www.upps.eu of the company Schrall GmbH
Duty to supply information according to § 5 clause 1 of the e-commerce regulations:
A-9841 Winklern, Langang 19
tel +43 4822 7377
fax +43 4822 7426
VAT Identification No: ATU61959358
Province: advertising, trade and internetservice
Supervisory body: Administration region Spittal a.d. Drau
1. Scope of contract
The following terms and conditions regulate mutual rights and obligations between UPPS (company Schrall GmbH) and the user presenting their services on the upps website.
UPPS does not stand in any business relationship to the end customer, UPPS merely acts as intermediary.
In the event of disagreements, contractual agreements will apply in the following order:
these terms and conditions (inspection thereof possible at any time on the website http://www.upps.at), generally applied technical guidelines and professional standards, in particular international standards and suggestions of the Internet Engineering Task Force (IETF) as documented in the Request-for-Comments (RFC), and the W3C (World Wide Web Consortium).
2. Conclusion of contract, type and scope of services, user fee
Completing the registration form and clicking the button “Continue” as well as confirmation of registration by UPPS accomplishes the conclusion of contract.
After successful registration, UPPS vests the user with a non-transferable right to use upps online services to market their business enterprise.
The user themselves, by means of the criteria form, selects the services they wish to use from the service range:
- Presentation of the business including name and contact data
- Activation including 2 photos
– Link to an existing website
– Detailed description of the business by means of criteria predetermined by UPPS
– Forwarding of booking enquiries
– Access counter
– Facilities in at least 11 languages.
The amount of the user fee depends on UPPS fee stipulations valid at the time of the conclusion of contract (current costs: 150 EUR plus 20% VAT per year.), whereas the first month (30 days) from registration (conclusion of contract) is free of charge. The use fee is payable after receipt of the electronically transferred invoice in advance for the duration of contract and within 7 days from the invoice date. In the case of default of payment, default interest on arrears of 7% and no less than the statutory default interest between traders has been agreed upon.
In case of delay of payment UPPS reserves the right to block the members' area of the client thereby denying access to booking requests and the rest of the members' area. This does not release the customer from the obligation to pay for the advertisement.
Additional UPPS services, such as the use of booking systems, the Module Classic, and claims to translations beyond the provided standard translations require explicit and separate request in written form to UPPS in return for payment and are invoiced separately.
The user agrees to the sending of notifications regarding end customers’ visitations of the user activation on upps as integrated component of the online service. Consent to this clause may be revoked in written form (by email, letter, fax) at any time.
The user explicitly states, that they are concluding this contract in the context of their business and, in regard to UPPS, ensures that they are authorised to enter into a contractual relationship with UPPS on the basis of these general terms and conditions.
Any further conditions, in particular the user’s own General Terms and Conditions, do not apply, even if UPPS has not explicitly disagreed. UPPS General Terms and Conditions solely apply.
3. Duration of contract, termination of contract
The duration of the contract is 13 months and starts with the electronic registration, whereby the first month (30 days) is free of charge. The contract will be extended by another 12 months unless one of the contracting party chooses to cancel the contract in written form by fax or email in compliance with the cancellation period of 2 months to the expiration of the first year and hereafter every half year.
Within the first month (30 days) from registration the user has the right to withdraw from the contract in written form by fax or email, if he does not wish to continue online usage which will incur fees from the 31st day. Termination will only become legally effective retrospectively with confirmation by UPPS.
The user agrees to UPPS examining the effected activation in terms of accuracy and, if necessary, correcting entries. UPPS, however, is not obliged to do so. In the case of missing or incomplete image data or descriptive texts, the user authorises UPPS to use the user’s existing advertising presence for completion of image or text material for use on their upps activation. The user hereby confirms to be legitimately authorised to use image and text materials also on the upps platform.
In the activation, the user is entitled to present their company on a homepage with their own link. This entitlement is understood only for the duration of the sustained contractual relationship. The user agrees to UPPS effecting the link from the upps homepage to that of the user.
If the contractual relationship is terminated, UPPS is entitled but not obliged to continue presentation of the business with photograph, name and contact data on the upps website for an undefined period. The user may revoke this entitlement in written form by fax or email.
As regards enquiries via the upps system, UPPS merely assumes the role of intermediary between users and their end customers.
Under no circumstances must data and information including copies or reproductions of the upps website or parts thereof be sold or sub-licensed. The software must not be modified or decompiled in any way.
The user ensures that all data and images entered and uploaded on the upps website:
- do not violate any commercial trade mark rights, in particular photo rights, image rights, copyright and registered trade mark rights of third parties, other rights of third parties or rights of publication and data protection,
- do not infringe public rights, the public order, public statutes or regulations including export guidelines or e-commerce regulations,
- do not defame others businesses, are not illicit, threatening or badgering,
- do not include obscene or pornographic content
- do not violate any rights by unfair trade, discrimination or misleading advertising and do not contain viruses, "Trojan horses”, “worms”, “time bombs”, “cancel bots” or other software programme routines, which may damage any system, data or personal information or influence these in any negative manner.
5. Warranty and liability
The upps website and the online service are operated with a maximum of care, reliability and availability. The current stand of technology, however, does not allow for complete elimination of errors in hardware or software under all conditions. UPPS thus does not assume liability.
UPPS endeavours to remedy power failures and breakdowns, in particular breakdowns of telecommunication connections, faults in lines within the internet, disturbances due to acts of God, faults due to third parties or users themselves as well as damages due to viruses transmitted via the internet caused during use of the online service itself as soon as technically and economically possible. However, UPPS cannot assume liability for uninterrupted access to the service or a connection being always available. To the extent necessary for works securing operation or to avoid faults, UPPS is entitled to temporarily not render services, in particular to interrupt connections of its telecommunication networks or limit these in terms of duration. Uninterrupted operation thus cannot be guaranteed and is not owed. UPPS generally does not assume liability for power failures or other circumstances outside the UPPS sphere of responsibility. Claims for damages against UPPS are excluded unless intention or gross negligence has caused damages.
The maximum sum for compensation and warranty is limited to € 1.000,00 per damage event, whereas several aggrieved parties may receive shares of this amount. Claims must asserted within 2 months and must be submitted to UPPS in written form. After lapse of this period any right to compensation ceases. UPPS is not responsible for data recovery if the user has not effected a weekly data backup.
All content offered by UPPS exclusively serves information purposes. UPPS is not liable for accuracy and legitimacy of upps website contents (including the contents of sites accessed via external links). Neither the agreement between UPPS and the user nor rights resulting thereof are transferable to third parties.
UPPS does not assume liability in terms of accuracy of data entered by end customers, in particular regarding declared names and addresses existing at all.
UPPS does not assume liability for possible consequential damages due to the non-availability of the upps system or its interruption of operation as well as erroneous enquiries or abusive use of the upps system by third parties. This disclaimer of liability particularly includes loss of profits, loss of commercial information or loss of content.
UPPS will effect a translation of the user’s contractually included standard presentation (service profile) in the upps system. UPPS does not assume liability for possible erroneous translations.
The user guarantees accuracy of all entered data in full and sole responsibility. This particularly includes prices and quotations being all-inclusive prices including all incidental fees, taxes and other dues.
If UPPS – due to the content of the user activation including photographs (content) – is proceeded against judicially or extra-judicially by third parties, the user is obliged to protect UPPS from damages as well as lawsuits.
Regardless of this user liability and in the event of extra-judicial or judicial proceedings by third parties, UPPS reserves the right to temporarily or permanently remove all provided user content from the upps website as well as all appending servers. In this case, the user does not have any right to claims for compensation of any type. Costs resulting from this precaution on the user’s behalf are to be born by the user.
6. Confidentiality, copyright
The user explicitly recognises the upps website as protected database and copyright-protected piece of work. The use of data, logos, etc. of any type, excluding data required for reservation and booking of accommodation, is not permitted. The software including all appending documentation is also protected by copyright. It is explicitly forbidden to use procedures of any type to restore source programmes or parts thereof from the binary software in order to gain knowledge about conception or compilation thereof.
Modification, translation, retrogression of developments, decompilation, unitising, segmentation or compilation of derived pieces of work is expressly prohibited. The user pledges to keep knowledge, in particular technical and economic data or other knowledge gained in the context of the use of upps or in the context of this subject matter of the contract secret and to use knowledge thereof solely for contractual purposes (reservation of accommodation and hotel reservation). Any non-contractual utilisation of data obtained from UPPS will cause legal proceedings.
7. Data protection, electronic delivery
The user explicitly agrees to all data, in particular personal data, being automatically processed and stored on the upps website for purposes of marketing their business.
The user states that all data and information derived from UPPS about end customers is used in accordance to regulations of the Data Protection Act and that UPPS will be protected by the user from damages and lawsuits by third parties resulting from non-conformance with statutory regulations.
The user explicitly agrees to all mailings such as booking enquiries etc, invoices and reminders being sent electronically to the user. Their receipt will be checked by UPPS with electronic means.
8. Place of fulfilment and place of jurisdiction, applicable law:
The license agreement is subject to Austrian law without referral norms of international private law. For all disputes resulting from this contract, including the issue of its valid conclusion as well as its advance effects and consequences, the user and UPPS agree on the exclusive jurisdiction of the factually responsible court of Spittal/Drau.
9. Customers special regulations and indoctrination responsibilities
Your contracting Partner is:
A-9841 Winklern, Langang 19
Your complaints can be brought forward to either the Schrall GmbH or your customer support assistant.
In accordance with the consumer protection law and e-Commerce law it is to be pointed out that the customer has the right of withdrawal from the contract within 7 days of the contractual statement in distance selling. In reverence to point 3. of the general terms and conditions whereby UPPS grants a right of withdrawal of 30 days to the user.
In accordance with paragraph 15 of the consumer protection law a right of withdrawal is granted to consumers under the compliance with a period of 2 months to the expiration of the first year and hereafter every half year.
The costs of your application are 150 EUR plus 20% VAT per year.
10. Final provisions
Modifications of and additions to the contract require the written form. Verbal and additional agreements have not been concluded.
The contract will proceed to the successor in title.
Should individual regulations of this contract become completely or partially ineffective, void or refutable, the validity of all remaining contractual regulations will not be affected. An ineffective regulation will be replaced by another valid regulation corresponding closest to object and purpose of the regulation to be replaced. The General Terms and Conditions have been composed in German language. If interpretation in another language results in ambiguity the German version will be deemed relevant.