General Terms and Conditions of the Tourism Association of Linz

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

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.

Version 5 December 2022

"Destination Portal" - Definitions - Scope of Application and Basis of Contract

services of the Linz Tourist Board - self-booking

availability of the destination portal - blocking of the customer - booking process

contract for the (travel) service

prices

payment - booking confirmation

changes and cancellations

accommodation categories - accommodation provider information

data protection

miscellaneous

1. "Destination portal" - definitions - scope of application and contractual basis a) The Linz Tourist Board (hereinafter referred to as "TVL") operates an internet portal at the current internet address www.linztourismus.at. This "destination portal" contains information on the accommodation categories and the accommodation provider. This "destination portal" contains an electronic booking system which is used in particular for the online booking of trips or accommodation bookings in Linz, Ansfelden and Kirchschlag. End customers (holidaymakers, guests) can use the destination portal free of charge for such online bookings (hereinafter referred to as "self-booking"). End customers can first check the availability of individual accommodations with third parties (= third party provider, accommodation provider, partner, accommodation, destination, offer group) and then submit a booking. The commercial use of the destination portal, in particular with regard to the transfer of bookings to end customers against payment, is not permitted. The destination portal is operated with the help of our service provider feratel Media Technologies AG.

b) "End customer" or "guest" within the meaning of the present GTC is anyone who makes a self-booking via the destination portal.

c) "Accommodation provider" within the meaning of the present GTC is anyone (any offer group) who offers a travel service on the destination portal for self-booking by end customers/guests, irrespective of the type of service offered.

d) "Travel service" in the sense of the present GTC is understood to be any service offered by an accommodation provider on the destination portal for self-booking. This includes in particular any accommodation or lodging, even if this is not expressly mentioned again below.

e) The present General Terms and Conditions (GTC) apply to self-bookings by end customers via the destination portal of TVL.

f) In addition to these General Terms and Conditions, the "General Terms and Conditions for the Hotel Industry" as amended at the time of the booking shall also apply to self-bookings. TVL expressly points out that the accommodation providers may have different cancellation and payment conditions over which TVL has no influence. These are shown on the respective accommodation provider's website as soon as the desired travel period has been selected.

2. services of the TVL - self-booking

a) TVL offers every end customer/guest the possibility of booking (travel) services of third parties directly and independently via the destination portal ("self-booking").

b) TVL does not offer any travel services itself or on its own responsibility. It merely makes the destination portal available as a marketplace. Within the framework of the destination portal, TVL is therefore not responsible for organising a trip or providing accommodation, etc., but only for offering the possibility of booking travel services directly with an accommodation provider. Only this accommodation provider acts as an independent service provider of travel services. Only the accommodation provider becomes the contractual partner of the end customer/guest with regard to the booking of a travel service. Therefore, the booking does not constitute a travel contract between the end customer/guest and TVL; the provisions of §§ 31b ff. Consumer Protection Act/KSchG (travel organisation contract) shall therefore not apply.

3. availability of the destination portal - blocking of the customer - booking process a) The end customer/guest has no claim to the destination portal being permanently available for bookings. In particular, TVL reserves the right to temporarily or permanently suspend the destination portal in whole or in part at any time, to operate it under a different Internet address or under several Internet addresses and to change the destination portal in any way. In addition, it cannot be ruled out that the destination portal is permanently or temporarily unavailable for technical reasons, for reasons of force majeure or for other reasons beyond the control of TVL, for which TVL accepts no responsibility. The permanent availability or operation of the destination portal is therefore not part of TVL's service from the outset. TVL therefore accepts no liability whatsoever for the availability of the accommodation offered by the accommodation providers. No liability can be accepted for any errors in data entry or data transmission - with the exception of gross negligence.

b) Prior to each booking, the end customer/guest must register on the destination portal by providing his/her personal data and entering a personal password.

c) Each booking made by an end customer/guest on the destination portal will be forwarded by TVL as a messenger of declaration on behalf of the end customer/guest to the accommodation provider concerned.

d) The use of the destination portal by the end customer/guest is free of charge for the end customer/guest.

e) TVL reserves the right to temporarily or permanently exclude any end customer/guest from using the destination portal at any time, in particular in the event of good cause (blocking of the customer; blocking of customer access).

4. Contract for the (travel) service By booking a (travel) service, the end customer/guest concludes a corresponding contract with the Accommodation Provider for the service offered by the latter on the Destination Portal. The contract for the respective (travel) service of the Accommodation Provider shall be concluded by the booking on the Destination Portal exclusively directly between the end customer/guest and the Accommodation Provider selected by the latter. All claims and obligations arising from the accommodation contract or tour operator contract, in particular also any claims and obligations arising from §§ 31bff. Consumer Protection Act (Konsumentenschutzgesetz/KSchG) shall exist directly and exclusively between the end customer/guest who makes the booking and the Accommodation Provider selected by him/her.

5. prices a) The prices for any services provided by a Accommodation Provider are prices that apply to bookings made via the Destination Portal.

b) Bookings are made at the current daily rate available on the Destination Portal for the selected travel date. Last-minute, seasonal, weekend or special promotion prices available on the destination portal are automatically taken into account when the booking is made. The binding prices offered by the accommodation provider on the destination portal are guaranteed by the accommodation provider for each booking made. However, the end customer/guest may not raise any claim whatsoever against TVL on this basis.

c) The prices quoted on the destination portal originate exclusively from the respective accommodation provider. Each accommodation provider is legally obliged to display or have displayed the respective final price including taxes; the prices include VAT in particular. In the event of violations of this obligation, please notify TVL directly.

d) Prices may be automatically transmitted to the destination portal from third-party systems (in particular from systems of accommodation providers). Such prices that are transmitted from a third-party system to the destination portal are subject to a permanent updating process. Nevertheless, it cannot be completely ruled out that accommodation is no longer available at the price shown in the list of results (i.e. the list of accommodation providers that appear with available accommodation in a booking request). In this case, the binding bookable price is only displayed on the accommodation provider's details page after the query. The end customer/guest can therefore not rely on the prices in the results list, but must check the price relevant for his/her booking on the accommodation provider's details page. The price that appears on the accommodation provider's details page applies to the booking. 6. Payment - Booking confirmation a) The price for the (travel) service (accommodation) confirmed on the destination portal is to be paid by the end customer/guest directly to the accommodation provider.

b) TVL does not make any payments for the end customer/guest.

c) The confirmation of the booking ("booking confirmation") appears on the screen immediately after the booking and can be printed out by the end customer/guest. It is recommended that the booking confirmation be printed out and presented to the accommodation provider. The booking of the accommodation is already made at or on the occasion of the booking and is also valid without a booking confirmation; the booking confirmation therefore only has a proof function. The booking confirmation shall also be sent to the end customer/guest by e-mail. It is expressly pointed out and agreed that TVL cannot check the receipt of the booking confirmation when it is sent by e-mail for security and data protection reasons.

7. Changes and cancellations a) Cancellation by the end customer/guest: In the event of a cancellation of the booking by the end customer/guest on the destination portal, a cancellation number will automatically be assigned. This cancellation number is also proof of the cancellation and must therefore be retained. In the event of any cancellation, in particular a cancellation after the expiry of the cancellation period, the notification of the end customer/guest will in turn only be forwarded by TVL to the accommodation provider. The accommodation provider shall then decide on any cancellation fee on the basis of the agreement reached with the end customer/guest, in particular in accordance with the General Terms and Conditions for the Hotel Industry. In the event of early departure, the accommodation provider may claim any damages incurred.

b) Cancellation by TVL: In order to prevent misuse of the free booking system in the destination portal and not to burden the accommodation provider unnecessarily with incorrect bookings, TVL reserves the right to cancel a booking in individual cases if it is not possible for TVL to make a query on the telephone number provided by the end customer/guest or if the end customer/guest cannot otherwise be reached on the contact details provided. In these cases, there is no entitlement to the provision of the booked (travel) service (in particular accommodation). The same applies if bookings have been made frequently in the past under the e-mail address provided by the end customer/guest and the end customer/guest has not made use of the (travel) service or if a query on the part of TVL in this way remains unsuccessful. However, this does not constitute a direct contractual relationship between TVL and the end customer/guest.

8. accommodation categories - accommodation provider information The standard international classification of accommodation by stars provides a non-binding indication of the standard of accommodation. The accommodation classification made on the destination portal is based on the respective categorisation procedure of the responsible chambers (e.g. Chamber of Commerce, etc.). All additional accommodation provider information and descriptions are based on information provided by the accommodation providers themselves. The TVL accepts no liability whatsoever for this.

9. data protection a) The person responsible for the data provided on the destination portal is TVL. For the processing of online bookings and enquiries, TVL processes personal data (inventory data, communication data, contract data, payment data) of the end customer/guest in order to be able to provide the booked services. The destination platform is operated with the help of the service provider feratel Media Technologies AG (Maria-Theresien-Straße 8, A-6020 Innsbruck). There is an order processing agreement between TVL and feratel pursuant to Art. 28 DSGVO.

b) The processing is carried out for the purpose of providing contractual services or for the fulfilment of pre-contractual services on the basis of the legal grounds of Art. 6 (1) lit. b DSGVO (booking transactions, answering quotation requests and sending brochures) and Art. 6 (1) lit. c DSGVO (legally required retention periods of bookings or invoices). In addition, data processing is based on our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO for the use of corresponding booking software. For a booking, the data fields marked as required are necessary for the justification and fulfilment of the contract. It is expressly pointed out that personal data of the end customer/guest (first name, surname, title, street, postcode, town, country, date of birth, profession, e-mail address, telephone number) will be transmitted to the accommodation providers who require the transmission of this data for the purpose of processing the booking.

c) The data will only be passed on to the extent necessary for a booking. Data will not be passed on for other purposes or to third parties who are not accommodation providers without the consent of the end customer/guest. Insofar as information is collected and passed on for statistical purposes, it does not contain any personal data.

d) The processing of the booking via the destination portal is carried out with the help of automatic data processing. The data entered by the end customer/guest on the destination portal will therefore be processed electronically by TVL. TVL is authorised to process and store personal customer data (first name, surname, title, street, postcode, town, country, date of birth, profession, e-mail address, telephone number) by machine, insofar as this serves to process the booking via the destination portal.

10. Miscellaneous a) The transfer of data to other data carriers, including excerpts thereof, or the use for purposes other than those provided for herein is only permitted with the express consent of TVL.

b) Does not apply to consumer transactions(!): Substantive Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the referral norms of private international law, insofar as these refer to the application of foreign law. The place of performance and jurisdiction is in any case exclusively Linz.

c) The use of the Destination Portal and its content is only permitted for the individual enquiry of accommodation bookings. Automated queries are not permitted. TVL also expressly points out that its data material is protected by copyright and therefore reproduction (in particular by automated reading out/scraping) is prohibited. In particular, the use of TVL's data material (such as, in particular, query results) for the purpose of brokering is prohibited.

d) Links to websites of other companies (third-party providers) contained on the destination portal are provided solely in the interest of the user. If you click on such a link, you will leave the TVL website. TVL has no influence on the content of the websites of third parties (third-party providers). Therefore, TVL cannot assume any liability for these third-party contents. A permanent control of the contents of the linked pages is not reasonable without concrete indications of a violation of the law. TVL will remove such links immediately if it becomes aware of any infringements of the law. Access to the website of a third party provider via a link on this website is therefore the sole responsibility of the user.

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