Terms of use for online purchasing
Dear visitor to our website www.railtours.at, kombitickets.railtours.at und dynamic.railtours.at!
Wherever your journey may take you - on our website www.railtours.at we will provide you with up-to-date information about the most suitable travel offer. To ensure that these provisions continue to be easily readable and clear, we always use the term “visitor” for both genders. Whenever reference is made to “ÖBB Rail Tours” or “us”, we always mean Rail Tours Touristik Gesm.b.H. The term software is used for the website www.railtours.at, kombitickets.railtours.at and dynamic.railtours.at.
1. We continuously optimise our software so as to ensure that you find our applications easy to use and so that they provide you with relevant offers and functions. If we provide you with new or modified functions, we will also adapt our terms of use as required. As soon as you visit the www.railtours.at website, the following Terms of Use are deemed to be agreed to. We will also inform you of future changes and amendments to our terms of use.
2. You can use our websites www.railtours.at, kombitickets.railtours.at und dynamic.railtours.at, in particular our online purchasing, privately 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 comprise any commercial use. Granting of further rights of use that exceed these must be agreed with us in writing in advance. We shall be exclusively entitled to all industrial property rights or rights of use of this software, i.e. all incorporeal rights protected by the applicable laws for the protection of intellectual property (including copyright law).
3. You are not permitted to change, copy, reproduce, sell, rent, add to or use in any other way information, brand names or other contents without our prior written consent.
4. You may not, either by yourself or through a third party,
- imitate, sell, rent, lend, sublicence, transfer or otherwise distribute, change, translate, create derivative works from or reproduce or edit the software or parts thereof in any form or by any means or decompile, reverse engineer or otherwise attempt to discover the source code of the software;
- undertake any action to circumvent or override security measures or a provision governing the possibility of using the software (including full digital rights management and the prevention of further distribution [forward-lock]),
- utilise the software to obtain access to content and to copy, transmit, decrypt or retransmit such content and thereby violate any law or the rights of a third party;
- or remove or change the copyright notice, a trademark or any reference to any other right of ÖBB-Fernbus GmbH or a third party that is connected with or contained in the product.
5. Our website as well as all interfaces are intended for your personal use. The following activities are especially not permitted:
- Automated reading and downloading of data by means of relevant programs (“robots”, “crawlers”, “spiders”, “screen scraping tools”)
- Attempts to gain access to non-public information or to falsify or suppress information (“hacking”)
- Using the information offered for embedding in other websites or mobile applications (e.g. by framing or comparable technologies)
- Performing any other actions that result in a disproportionately high burden on our infrastructure.
Any use other than the retrieval of travel information and the purchase of products presupposes that you have made a separate agreement with us in writing.
6. Any violation of the provisions contained in these Terms of Use and/or use of the software in such a way that the provisions of these Terms of Use are violated is strictly prohibited and may result in civil and/or criminal penalties for you, including, but not limited to, an obligation to pay damages for copyright infringement. Even the mere attempt to undertake such actions constitutes an infringement of our rights.
7. We test our software intensively before we make it available to you for use. Should it nevertheless occur that our software leads to direct damage to your device, we shall be held liable if this is due to intent or gross negligence on our part. We shall not assume any liability for indirect damage, consequential damage or loss of profit, nor for loss of data or changes to data. We assume no liability for any viruses, intrusions, hacking or other security-related disturbances that are attributable to third parties.
8. The provisions contained in these Terms of Use will also apply to any upgrades that we provide to you that replace or supplement the current software, barring any such upgrade being subject to separate Terms of Use.
9. If you wish to make use of our software, you will be required to provide personal data, such as name, address and payment details in some cases. We need these data so that we can offer you the most suitable product. Please ensure that this information is correct and complete, otherwise we will not be able to provide you with the best possible support for your travel plans. You can learn more about how we handle your personal data by consulting our privacy policy.
10. If you buy a product/service from us, our General Terms and Conditions and the General Terms and Conditions of Travel also apply.
11. All offers and time indications displayed in our software refer to Central European Time (CET).
12. Should any provision of this agreement become invalid, unfeasible or unenforceable, the remainder of the agreement shall not be affected. In lieu of the invalid, unfeasible or unenforceable provision, a valid, feasible and enforceable provision shall be adopted that most closely approximates the intended economic purpose. The same shall apply in the event of a regulatory loophole.
13. There are no subsidiary agreements with us. Subsidiary agreements must instead be agreed with us in writing.
14. Austrian law applies to our Terms of Use, with the exception of conflict of laws rules of international private law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna, unless a consumer transaction arises, pursuant to § 1 of the Consumer Protection Act (Konsumentenschutzgesetz).