General Terms and Conditions of the Tourism Association of Linz

Terms and Conditions for Services and Deliveries

Payment and default

1. The customer shall make payment in full to the Tourism Association of Linz within 21 days from invoicing. No agreements on instalment payments are intended.

2. The invoice amount shall be remitted without deductions and free of discounts and expenses to an account specified by the Tourism Association of Linz. The customer is obligated in particular to bear all bank fees related to the payment.

3. If the customer defaults on payment, the Tourism Association of Linz shall have a right to charge default interest of 8% above the base interest rate published by Oesterreichische Nationalbank, the central bank of Austria. The base interest rate applicable on the last calendar day of a half-year shall be decisive for the respective next half-year. It can be queried on the homepage of Oesterreichische Nationalbank (www.nationalbank.at).

4. In the event of default, the customer shall be obligated to bear all expenses relating to the collection of the receivables and any necessary costs for expedient legal enforcement.

5. In the event of default, the customer will receive two dunning notices from the Tourism Association of Linz. The first dunning will be sent after 35 days and the second dunning after 49 days from invoicing by the Tourism Association of Linz. Action for collection will be filed in court if the open invoice amount should not be received on the account of the Tourism Association of Linz within 14 days from the second dunning.

6. No dunning fees will be charged for the first dunning and a dunning fee of EUR 10.00 will be charged for the second dunning.

7. By receipt of the first dunning, in which the assumption of these costs shall be pointed out once more, the customer, if he does not object, will declare his explicit agreement with the assumption of these costs. On the date of the dunning, the customer will be informed of this consequence of his actions and also that absent any objection, the customer agrees to the assumption of all expenses and costs relating to the collection, which are expedient for prosecution.

Bank details: Allgemeine Sparkasse OÖ, IBAN: AT26 2032 0000 0000 7478, BIC: ASPKAT2L, VAT No.: ATU 23464800, place of jurisdiction Linz

Terms and Conditions of the Linz Card Webshop and the Linz Culture Card 365

Status of September 2019

The webshops http://shop.linztourismus.at/linzcard and http://shop.linztourismus.at/kulturcard are operated by the Tourism Association of Linz (hereinafter referred to as “TAL”) and respectively used for selling Linz Cards and Linz Culture Cards 365.

The Linz Card is a discount and mobility card and the Linz Culture Card 365 is a discount card. The Linz Card includes trips with public transportation of the Linz lines. The General Terms and Conditions set forth below apply to orders and purchases of a Linz Card or Linz Culture Card 365 via the websites or from distribution partners. To be able to use both cards and their benefits, the General Terms and Conditions must be observed.

1. Linz Card/Linz Culture Card 365
1.A The Linz Card is a service based on incentives, offering discounts and free services by incentive partners to the buyer and the free use of public transport in the core zone of Linz.

The Linz Culture Card 365 is a service based on incentives, offering the buyer free admission to events and discounts on services by incentive partners.

1.B The product Linz Card/Linz Culture Card 365 is offered by TAL, a corporation of public law, which is subject to the Tourism Law of Upper Austria.

1.C The buyer of the Linz Card/Linz Culture Card 365 is hereinafter also referred to as the “Card Holder” or “you”.

1.D The purchase of the Linz Card makes the buyer eligible to redeem the incentives of the services, which are listed on the website www.linztourismus.at/linzcard, in the Visit Linz app, or in the printed portfolio.

The purchase of the Linz Culture Card 365 makes the buyer eligible to redeem the incentives of the services, which are listed on the website www.linztourismus.at/kulturcard or in the printed portfolio of the Linz Culture Card 365.

1.E The services are rendered or made available by third parties and incentive partners of TAL, respectively. When using the Linz Card/Linz Culture Card 365 and taking advantage of the services offered by the incentive partners, you will enter a contractual relationship with the respective incentive partner and, as the case may be, their general terms and conditions may apply.

With the sole exception of liability for the possibility of using the services provided by the incentive partners, TAL does not assume any liability for the services offered by Linz AG Linien or other services listed within the scope of service.

1.F The Linz AG Linien, Wiener Straße 151, P.O. Box 1300, 4021 is a partner for the network card in the context of the Linz Card, which is valid for public transport within the core zone on 1, 2 or 3 calendar days. (Note: The Linz Culture Card 365 does not include any services of Linz AG Linien!)

2. Services of the partners
2.A The services that are offered by the incentive partners in Linz are available to the Linz Card customers for as long as their card is valid. Services with discounts outside of Linz are valid for 7 calendar days from the day on which the card becomes valid.

The services that are offered by the incentive partners of the Linz Culture Card 365 are available to the customer for as long as the cad is valid (365 days from issuance/activation).

2.B General restrictions may apply when using the offers of the Linz Card/Linz Culture Card 365 with regard to the opening and business hours of incentive partners; this can be the case foremost because some offers depend on the weather and the time of year, and they might therefore not be offered during the entire special offer period of the Linz Card/Linz Culture Card 365. The opening hours indicated in the publications and the services are without warranty and reflect the information made available by the incentive partners (please notice the websites of the individual incentive partners regarding current opening hours and offers).

2.C When the offered services are used, the Card Holder will become the contractual partner of the relevant incentive partner and the general terms and conditions of the respective partner will apply. Furthermore, warranty claims defined by law and other liability claims with regard to the services shall be brought exclusively against the respective incentive partner.

2.D TAL will be liable only for the ordering process, payment process and delivery or display of the Linz Card in the Visit Linz app, and under the applicable legal regulations related thereto.
As part of the display of the Linz Culture Card 365 in the Stocard app, the buyers of the card are obligated not only to scan in the barcode in the app, but also to take photographs of them with the name and validity of the transition card.

2.E TAL will not pay any compensation if an offered service, e.g. sights or other venues are closed or not accessible. In addition, no refunds will be granted for offers, which have not been used during the validity period of the card and which are no longer included upon a change of the offer. TAL furthermore reserves the right to cancel the contract with the incentive partners at any time for good cause, without having an obligation to compensate the Card Holders for services offered, which can no longer be used for this reason.

2.F TAL does not assume any liability in general for any damages incurred by the Card Holder.

2.1 Linz AG Linien
By using the ticket of Linz AG Linien that is included in the Linz Card, the Card Holder will become the contractual partner of Linz AG Linien. The Terms of Transportation of Linz AG Linien apply.

3. Provisions on validity
3.A The Linz Card/Linz Culture Card 365 are not transferrable and may be used solely by the indicated Card Holder during the validity period of the Linz Card/Linz Culture Card 365 chosen by the customer.

3.B The most recently updated list of the included services of the Linz  Card/Linz Culture Card 365 is available on the homepage, in the Visit Linz app (for the Linz  Card) or in the portfolios that are printed once a year.

3.C The validity period of the Linz Card is noted on the card and the ticket of Linz AG Linien, which must be presented along with a photo ID in case of a ticket inspection, is issued together with the card. The purchase of a Linz Card for children is tied to the purchase of a Linz Card for adults for the same period. Up to 4 children’s cards can be purchased per adult card. Please note that the requirement of presenting a photo ID also applies to the children’s cards! The Linz Card Kids can be used up to completion of the 15th year of age.

The validity period of the Linz Culture Card 365 is noted on the card. When redeeming individual incentives, the card must be presented together with a photo ID or the proof of eligibility for a discount.

3.D The discounts offered with the Linz Card/Linz Culture Card 365 cannot be used together with other discounts offered by the same incentive partner for students, seniors or families.

4. Use/Misuse
4.A Copying, manipulating or falsifying the Linz Card/Linz Culture Card 365 is prohibited. Use of screenshots taken of a digital Linz Card/Linz Culture Card 365 is also prohibited. In the event of misuse or suspected misuse, the incentive partners and Linz AG Linien are entitled and obligated to seize the Linz Card without replacement and file criminal charges.

5. Theft/Loss
TAL is not liable in the event of theft or loss. The stolen or lost Linz Card/Linz Culture Card 365 will not be replaced.

6. Order process/Payment and delivery
6.A You can buy the Linz Card/Linz Culture Card 365 via the online shop and the Linz Card additionally via the Visit Linz app by following the steps explained there. You can also buy the cards from various distribution partners or in the course of the Linz weekend (Linz Card).

6.B The indicated prices are binding and final and they are understood including the applicable taxes.

6.C The payment of the ordered Linz Card/Linz Culture Card 365 shall be made by means of one of the payment methods indicated in the webshop. Linz Cards purchased directly can be paid for at the distribution partner using the respective payment methods of the partner.

6.D The following purchase options are available to you for the purchase of the Linz Card: App and Print@Home. You can print out the Print@Home ticket at home directly after purchasing it in the webshop. You can order the digital Linz Card and pay for it directly in the Visit Linz app (free download of the app available in the App Store and on Google Play).

The following online purchase options are available to you to purchase the Linz Culture Card 365: Print@Home with collection of the card from the Tourist Information Linz, Linz Culture Card 365 with shipment against payment and Print@Home using the Stocard app.
You can print out the Print@Home ticket at home directly after purchasing it in the webshop and use it at once, and exchange it for a plastic card within 2 weeks at the Tourist Information Linz.
During the purchase process, you can decide if you want the card to be sent to you by post. A processing fee incl. shipping will be charged for this.
You can also upload the Print@Home ticket into the Stocard app, but you also need to take a picture of the ticket and upload it to the app.

7. Right of withdrawal
7.A By purchasing a digital Linz Card/Linz Culture Card 365 and activating it before the end of a two-week period from the purchase date, you agree to the immediate service performance and you acknowledge that the rights of withdrawal thereby expire.

We grant you a right to withdraw from the purchase contract for the Linz Cards/Linz Culture Cards 365 within two weeks as of the purchase date, for as long as the respective cards have not been activated yet.

8. Personal data are used and stored; in this regard, see: www.linztourismus.at/privacy-policy.

9. Applicable law/Place of jurisdiction
9.A If a provision of these General Terms and Conditions should be or become fully or partly invalid, the validity of the remaining provisions or parts thereof shall remain unaffected. The invalid parts shall be replaced by the statutory provisions.

9.B TAL reserves the right to make changes to these General Terms and Conditions occasionally, for example, to comply with legal regulations or to reflect a change relating to the mode of functioning. Changes to the General Terms and Conditions shall apply only to future purchases of the Linz Card/Linz Culture Card 365.

9.C Any legal relationship between TAL and the Card Holder is exclusively governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the reference standards of private international law (IPRG [Federal Law on the Private International Law]). The choice of law applies to consumers in the definition of Sec. 1 of the Austrian Consumer Protection Act, only insofar as the warranted protection is not excluded based on compulsory provisions of the law of the state in which the consumer maintains his habitual residence.

9.D Any legal dispute arising from or in connection with the legal relationship between TAL and the Card Holder is subject to the exclusive jurisdiction of the court competent for Linz, Austria.

Tourismusverband Linz | Adalbert-Stifter-Platz 2
4020 Linz/Austria | +43 732 7070 2009  

Bankverbindung: Allgemeine Sparkasse OÖ, IBAN: AT26 2032 0000 0000 7478, BIC: ASPKAT2L, UID-Nr.: ATU 23464800, Gerichtsstand Linz