Service partners are businesses that provide their respective card services with complete autonomy and legal independence in whatever legal form. A framework agreement is concluded between the guest and TVB once the Premium Guest card is acquired.
The specific individual or service contract is concluded only with the guest and the service partner whose facilities and specific card service is used by the guest if the Premium Guest Card is used at the relevant access systems.
The contractual basis for the provision of the Premium Guest Card service are therefore exclusively the terms of service and transportation of the respective service partner.
The obligation to provide the relevant card service lies exclusively with the relevant service partner subject to the service contract that is concluded when the Premium Guest Card is used. Neither Alpenregion Bludenz Tourismus GmbH nor the host are contracting parties in connection with the card service to be provided nor are they intermediaries or vicarious agents of the relevant service contracts. Furthermore, they are not travel agents.
The following terms of service ("Terms") govern the use of the Premium Guest Card in addition to the service partner's terms of service and transportation (framework agreement).
The Premium Guest Card is available to the guest free of charge and will be issued by TVB and by the guest's host according to paragraph 3 of these Terms, provided that the guest spends at least two (2) nights.
Each guest may take advantage of the card services subject to the relevant service partner's terms of service and transportation, the legal provisions, and the general availability of the service. The services which are available are listed in the Guest Card leaflet and at https://www.vorarlberg-alpenregion.at/en/guest-cards/guest-cards-of-the-region.html.
Premium Guest Card services cannot be combined with other promotions and discounts. However, a guest is free to take advantage of the most favourable promotion. Services offered by service partners are generally non-binding and apply until the end of service availability. A guest has no general legal entitlement to the free or discounted use of a card service.
Furthermore, a lawful holder of a Premium Guest Card may use the service of the "Brandnertal, Bludenz, Klostertal Gästekarte". The services which are available are listed in the Guest Card leaflet and at https://www.vorarlberg-alpenregion.at/en/guest-cards/guest-cards-of-the-region.html.
Premium Guest Cards are not on free sale. Only guests who spend nights with a host in the Alpenregion Bludenz and were registered in accordance with legal requirements are entitled to a Premium Guest Card.
Premium Guest Cards are issued and provided to the guest by the host, except in case of loss or theft according to Section 6.3. For this purpose, the guest must disclose name and surname, date of birth as well as the date of arrival and departure.
The Premium Guest Card is valid only in combination with a photo ID and when all data are completed and the host has registered and reported the guest. The Premium Guest Card is not transferable and may be used only by the person to whom it is issued.
The Premium Guest Card services are available during the summer season (1 May until 31 October) (hereinafter "Promotion Period"). The Premium Guest Card is valid from the day on which a guest arrives until his or her departure (hereinafter "Stay"). The Premium Guest Card automatically expires once a guest leaves and need not be terminated or cancelled by the guest.
A card service may be used several times during the Stay, depending on the respective card service. However, a guest is not generally entitled to multiple use of a card service.
The guest acknowledges that operating and opening hours of certain service partners are seasonal and may not be consistent with the Promotion Period. A guest may therefore not be able to benefit from all card services.
Guests must show their Premium Guest Cards without being asked in order to be able to benefit from a card service. When a guest wants to claim a service, he or she must have a Premium Guest Card both for participating children and for participating adults. At the service partner's request, the guest must also show a valid photo ID. The service partner may refuse to provide the card service if a guest is not able or willing to do so.
A service partner may refuse to provide a card service and to conclude service contracts with the guest in a particular case if there are objective reasons for not concluding a contract or providing a service.
In these cases, a guest has no claim for performance or compensation for damage vis-à-vis the service partner.
The Premium Guest Card does not include insurance benefits.
Premium Guest Cards may not be transferred. If a Premium Guest Card is passed on to another person, the guest shall also be liable for any misuse of his or her Premium Guest Card by third parties.
In case of any misuse or suspected misuse of a Premium Guest Card, the service partner shall be entitled and obliged to retain the Premium Guest Card and to block it, if necessary. Any documented misuse or substantiated suspected misuse of a Premium Guest Card will be reported to the police.
A guest is required to inform the host or TVB immediately if a Premium Guest Card is lost or stolen. The host or TVB can then issue a new card. The lost Premium Guest Card will be blocked and is invalidated when a new card is issued.
The host will replace defective Premium Guest Cards.
In case of a guest's early departure, the Premium Guest Card will be blocked for the remaining period of validity.
TVB explicitly does not guarantee that a guest is actually able to benefit from a Premium Guest Card service of a service partner.
TVB warrants only that a guest can benefit from the Premium Guest Card service according to these Terms during operating hours.
TVB accepts unlimited liability vis-à-vis the guest under the framework agreement only in case of premeditated action and gross negligence as well as personal injury. TVB is not liable for minor negligence, compensation of consequential damage and financial loss, immaterial damage, loss of savings, lost profit as well as damage due to claims asserted by third parties vis-à-vis TVB.
A service partner's liability under the service contract concluded with a guest is subject to the legal provisions (including but not limited to those of the Act on Civil Liability Against Rail and Motor Vehicle Operators and the Cableways Act) and its own terms of service and transportation. Any liability, either due to legal or contractual provisions, for incidents arising from the use of a card service (e.g. transportation by a cableway operator) shall exclusively be the responsibility of the service partner in whose sphere the incident has occurred. The other service partners, TVB or the host shall not be liable.
The host or TVB respectively will collect, process and use personal data of the guest only when this is necessary to fulfill the contract. Guest data are therefore collected and processed only for the provision of card services. Further information on data privacy is available in our privacy statement at https://www.vorarlberg-alpenregion.at/en/information-about-cookies-and-data-protection.html.
Oral ancillary agreements besides these Terms do not exist. Any ancillary agreements whatsoever as well as any amendments or modifications shall be made in writing to be effective. This applies also to a waiver of this written form requirement.
Any disputes arising in connection with the use and issue of the Premium Guest Card shall be governed by and construed in accordance with Austrian law, to the exclusion of the UN Sales Convention and Austrian conflict of law rules.
Notwithstanding mandatory legal provisions, all disputes arising between TVB and the guest shall exclusively be referred to the court which has jurisdiction ratione materiae for TVB. TVB may also refer any dispute to the competent court at the guest's place of residence.
If one or several terms hereof is/are null and void, TVB and the guest explicitly agree on such valid terms which closet reflect the economic purpose of the invalid term, without affecting the validity of the remaining terms hereof.
Last amended on 14 May 2020
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