HOBIDD GmbH
DR FRANZ-REINPRECHT-WEG 5
9020 KLAGENFURT AM WÖRTHERSEE
AUSTRIA
GTC means these General Terms and Conditions of the Operator. The abbreviation GTC is used below.
Operator means HOBIDD GmbH, which provides and administers the Platform and is responsible for its operational processes.
Participants are registered users of the Platform who view sales offers, participate in prize draws, submit Price Proposals and Price Enquiries, book stays or purchase vouchers.
Platform means the online platform hobidd.com including subdomains, future domains, mobile apps, interfaces and all related digital services.
Providers are commercial contracting partners of the Operator who publish sales offers for stays and prize draws on the Platform, negotiate directly with Participants on sales prices by means of Price Proposals and Price Enquiries, or sell stays at the regular price via BOOK NOW.
Service Providers are the specific accommodation businesses that actually perform the stay services. The term is used in particular where the Operator receives or purchases vouchers from businesses and sells or raffles them to Participants. Providers and Service Providers may be identical.
Vouchers are electronic documents with a booking code that evidence an entitlement to specifically described stay services at fixed agreed dates or periods. In voucher models, payments by Participants are made to the Operator.
The Operator operates the Platform. These GTC conclusively govern the conditions for Participants’ use of the Platform, in particular in connection with viewing sales offers for stays, participating in prize draws, submitting Price Proposals and Price Enquiries, booking stays and purchasing vouchers.
The Operator provides the contractual services exclusively on the basis of these GTC, which form an integral part of every contractual relationship between the Operator and the Participants. Deviating, conflicting or supplementary terms and conditions of Participants shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
These GTC shall also apply, without renewed express agreement, to all future legal transactions and business relationships between the Operator and the Participants. Amendments and supplements to these GTC are made exclusively in accordance with Section 47.
The use of the plural in these GTC is for readability only and includes cases where only a single Participant is a contracting party.
Participants may use the Platform to view holiday offers and related services from commercial Providers (hereinafter: Providers) and may submit Price Proposals or Price Enquiries for posted sales offers or purchase them directly via the BOOK NOW option.
By using the Platform, Participants accept that the Operator publishes the sales offers posted by Providers on the Platform and makes them accessible to Participants.
The Operator publishes on the Platform exclusively the information transmitted by Providers. The Operator gives no warranty for the accuracy, completeness or lawfulness of such content and is not liable for damages arising from incorrect, incomplete or unlawful information unless caused by intent or gross negligence of the Operator.
Providers are solely responsible for all content they post, in particular texts, illustrations, photographs, graphics and trade marks. Claims arising from incorrect, incomplete or unlawful offers are to be asserted exclusively against the respective Providers.
The Operator is entitled to create screenshots or other records of all content published on the Platform, in particular offers, texts and images, and to store them for evidentiary, documentation and accounting purposes. Such records may serve as evidence of the content and status of published content at the relevant time in the event of a dispute.
All bookings on the Platform are made exclusively for travel dates fixed in advance. To determine dates where longer booking periods are possible, Participants submit a desired date within the available booking period to the Providers. Providers confirm or reject dates. If a date is rejected, Participants may choose another date. Contracts for stays are concluded exclusively for confirmed fixed dates.
All persons with legal capacity aged 18 or over whose main residence is in Austria are eligible to participate. Persons resident in other countries are eligible if, under the law of their country of residence, they have the legal capacity to participate.
The Operator and its employees as well as Providers and their employees are excluded from participation. In the event of a breach of these participation conditions, the Operator is entitled to exclude the relevant Participants from using the Platform.
Use of the Platform by Participants requires prior registration. Registration is carried out exclusively via the input form provided by the Operator and is free of charge.
Participants undertake to provide truthful, complete and up-to-date information when registering. Participants must keep all data provided during registration up to date and promptly amend it in the event of changes. The Operator is entitled to verify the accuracy of the data at any time and, in the event of incorrect or incomplete information, to block or delete user accounts.
By completing registration, Participants confirm their legal capacity.
Participants must keep their account credentials confidential and protect them from unauthorised access by third parties. In the event of suspected misuse or unauthorised access, the Operator must be informed without delay. Participants are liable for all actions performed via their user accounts unless they can prove that they are not responsible for the unauthorised use.
The personal data provided by Participants during registration is not publicly visible and is transmitted to the respective Providers solely for the purpose of contract performance.
Multiple accounts for the same person are not permitted. The Operator may carry out appropriate identity and age checks and request suitable proof. In case of breaches, the Operator may merge, block or delete user accounts and revoke advantages and credits obtained by misuse.
Participants may use the “Submit Price Proposal” function to submit a Price Proposal for posted offers of Providers. Submitting Price Proposals is free of charge. Price Proposals are visible only to the respective Providers.
For offers with longer booking periods, Participants first select the desired stay date within the available booking period. Providers may confirm or reject the chosen date. If the desired date is not available, Participants may request a different date. After the date has been confirmed by the Provider, Participants may submit Price Proposals.
A Participant’s Price Proposal constitutes an offer to conclude a purchase contract. Providers may accept Price Proposals, reject them or submit a counter-offer to Participants.
Upon acceptance of a Price Proposal by the Provider or acceptance by the Participants of a counter-offer submitted by the Provider, a legally binding purchase contract is concluded between the respective Provider and the respective Participants.
Contracts for stays are concluded exclusively for confirmed fixed stay dates.
After conclusion of the contract, the Operator collects the Participants’ contact details and transmits them solely to the Providers for the purpose of contract performance. The Operator is not a party to the contract and assumes no liability for performance of the contract.
Participants may submit Price Enquiries to Providers via the Platform in relation to published sales offers. Submitting Price Enquiries is free of charge and non-binding. Price Enquiries are visible only to the respective Providers.
When making a Price Enquiry, Participants cannot specify a concrete travel period. Providers submit an offer to Participants based on the Price Enquiry with price and stay date. The stay date is set by the Providers within the booking period indicated in the sales offer. Price negotiations by Participants are not possible.
Providers may respond to a Price Enquiry within 36 hours. If no response is received within this period, the Price Enquiry expires.
When the Participants accept the offer, a legally binding purchase contract is concluded between the respective Provider and the respective Participant.
For Price Enquiries, Participants do not select a travel period; Providers set the fixed stay date within the indicated booking period. Contracts for stays are concluded for the fixed stay date set by the Provider.
After conclusion of the contract, the Operator collects the Participants’ contact details and transmits them solely to the Providers for the purpose of contract performance. The Operator is not a party to the contract and assumes no liability for performance of the contract.
With the BOOK NOW option, Participants may purchase sales offers posted by Providers at the indicated regular price. Price negotiations for Participants are excluded.
For offers with longer booking periods, Participants first select the desired stay date within the available booking period. Providers may confirm or reject the chosen date. If the desired date is not available, Participants may request a different date. After the stay date has been confirmed by the Providers, Participants may place a binding purchase commitment by clicking the BOOK NOW button. This purchase commitment results in a legally binding contract.
Contracts for stays are concluded exclusively for confirmed fixed stay dates.
After conclusion of the contract, the Operator collects the Participants’ contact details and transmits them solely to the Providers for the purpose of contract performance. The Operator is not a party to the contract and assumes no liability for performance of the contract.
Payment for booked stays or services is made exclusively by Participants to the Providers. The Operator is not a party to the contract and does not accept payments. All payment modalities are agreed exclusively between Providers and Participants. Payments for vouchers under Section 12 are excluded.
The indicated prices do not include local or accommodation taxes, tourist taxes, bed taxes or charges for add-on services. These must be paid by Participants on site to the Service Provider.
After a purchase contract has been concluded, the Operator collects the contact details of Participants and transmits them solely to the respective Providers for the purpose of contract performance. After transmission of the contact details, all further steps such as booking confirmation, payment, rebooking, cancellation or complaints are handled directly between Providers and Participants. The GTC of the respective Provider apply.
No right of withdrawal exists for Participants pursuant to Section 18(1)(10) of the Austrian Distance and Off-Premises Contracts Act (FAGG), because stays and add-on services are bookable only for a specifically fixed travel period. This applies irrespective of whether the booking was made via Price Proposal, Price Enquiry or BOOK NOW.
Participation in prize draws takes place by Participants clicking the Facebook Like button in the prize draw.
Prize draws posted by the respective Providers are not connected with Facebook and are in no way sponsored, supported or organised by Facebook. Facebook is not available as a contact for prize draws published on the Platform.
Participation in prize draws is free of charge, voluntary and not linked to any purchase obligation. The organiser of the prize draws is the Operator. Winners are determined electronically by random generator by the Operator after the prize draw period has expired. The respective Providers have no influence on the outcome of the draw.
Winners determined by the Operator are notified via Facebook by the Operator. Winners must confirm within 14 calendar days after receipt of the notification that they will claim the prize. If winners do not reply within 14 days to the prize notification sent by the Operator and do not accept their prizes, they irrevocably forfeit their prize entitlement.
Providers undertake to make the won stays available to the winners without delay, but no later than within 14 days after the claim has been made, unless this is unreasonable in the individual case due to the nature of the prize. The costs of transmitting or making available the prizes and all associated costs are borne exclusively by the Providers.
Providers undertake to indemnify and hold the Operator fully harmless for all costs incurred by the Operator in this respect within 14 days of a written claim by the Operator.
Prizes are not transferable. Cash payment or exchange is excluded. The Operator may request suitable proof of identity for the purpose of delivering the prize. Fulfilment of the factual or service claims arising from prize draws is carried out by the Providers or Service Providers named in the prize draw.
The Operator is not liable for unavailability, defective condition or delayed provision of prizes by Providers or Service Providers. All claims in connection with prizes shall be directed exclusively against the Providers or Service Providers named in the prize draw.
As part of cooperations, Providers make vouchers available to the Operator, which the Operator offers for sale or uses for marketing purposes in prize draws. In the event a voucher is purchased, only the payment modalities and, where applicable, the applicable cancellation conditions change for Participants.
All services stated in the offer that directly relate to the stay remain unaffected.
Before submitting Price Proposals, making Price Enquiries or purchasing via BOOK NOW, Participants are expressly informed that the offered stay is sold in the form of a voucher.
The Operator is not a Service Provider. The Operator receives vouchers as compensation for use of the Platform or purchases vouchers from Providers and sells or raffles them to Participants. The stay services underlying the vouchers are performed exclusively by the Service Providers.
The Operator does not offer linked travel services or package travel and does not become a tour operator within the meaning of the Package Travel Directive or the Austrian Package Travel Act. Even when accepting payments for stays provided in the form of vouchers, the Operator does not assume tour-operator obligations; Service Providers remain exclusively the Providers or accommodation businesses named in the offer.
If Participants acquire stays for which the Operator has received vouchers under barter arrangements or has purchased vouchers under voucher tariffs, payment is made exclusively by Participants to the Operator. Payment is made immediately after Participants accept the purchase price and after collection of Participants’ personal data.
Service Providers are informed of the sale, and personal data of Participants is transmitted to the Service Providers. Acceptance of payments by the Operator does not create a tour-operator role for the Operator. Service Providers remain exclusively the Providers or accommodation businesses named in the offer. Section 48 (Payment Service Providers and Fraud Prevention) applies in addition.
Vouchers purchased or won by Participants must be redeemed with the Service Providers for the travel period agreed with the Service Providers and in accordance with the conditions stated in the sales offer. For redemption purposes, the Operator transmits the data of the Participants required for this purpose exclusively via the Platform to the respective Service Providers. The Operator’s role is complete upon transmission of the data.
Unless expressly stated otherwise in the listing, local or accommodation taxes, tourist taxes, bed taxes and add-on services not included in the scope of services are not included in the voucher and must be paid by Participants on site to the Service Provider. Section 08 (Payment for Stays) applies in addition.
Vouchers may be transferred only with the prior consent of the Service Providers in text form.
The Operator sells or raffles vouchers the redemption of which is always linked to a fixed agreed date or period. No right of withdrawal exists for such bookings pursuant to Section 18(1)(10) FAGG.
If vouchers cannot be redeemed or if stays cannot be taken even after an extension of validity, the Service Providers are exclusively and fully liable for all resulting damages and claims of Participants. In cases of non-performance as well as defective or partial performance of services by the Service Providers, the Operator assumes no function or liability. Claims are to be asserted exclusively against the Service Providers.
The GTC of the Service Providers generally apply to Participants.
“HOLIDAY BONUS” is the amount by which the regular sales price of stays may be reduced through the inclusion of third-party advertisements.
Third-party advertisements are embedded for 24 hours in randomly selected stays.
To claim the HOLIDAY BONUS, it must first be activated. Activation occurs by sharing on Facebook the stay in which third-party advertisements are displayed.
After successful activation by Participants, the regular prices shown in stays are automatically reduced by the value of the HOLIDAY BONUS. The regular prices reduced by the HOLIDAY BONUS are the basis for all further actions available to Participants.
Where activated by Participants, the HOLIDAY BONUS is deducted during the booking process.
The HOLIDAY BONUS is available only once per stay.
If the HOLIDAY BONUS is claimed by Participants for an offer during the booking process, the related advertisement is no longer displayed and the HOLIDAY BONUS is no longer available for that stay from that point in time.
Once a Participant has claimed the HOLIDAY BONUS, all activations by other Participants for this stay expire immediately.
MEGABIDDS are offers with stepwise price reduction. By sharing a MEGABIDDS offer on Facebook, Participants can reduce the regular sales price.
With each valid share of the MEGABIDDS offer on Facebook, the regular sales price is reduced by an amount predefined by the Providers. The current reduced sales price is displayed in the offer. The price reduction applies automatically until the minimum sales price set by the Providers is reached.
The maximum term of a MEGABIDDS campaign is 14 calendar days from activation. If the promoted stay is booked within this period, the campaign ends immediately.
Bookings of MEGABIDDS offers are possible exclusively via the BOOK NOW option at the current reduced sales price. Price Proposals or Price Enquiries are excluded during MEGABIDDS campaigns.
If a MEGABIDDS offer is booked via BOOK NOW, the offer expires immediately. The booked offer is then treated like all other direct bookings on the Platform.
If activated by Providers, BIDDCOINS may be redeemed for MEGABIDDS offers. The percentage of redeemable BIDDCOINS relates to the current reduced sales price.
BIDDCOINS are bonus points credited to registered Participants for certain actions, in particular for viewing offers, sharing offers on Facebook or X, submitting valid Price Proposals and booking stays. No separate registration by Participants is required to receive BIDDCOINS; BIDDCOINS are awarded automatically.
Participants registered on the Platform can find under the “BIDDCOINS” menu item a complete overview of BIDDCOINS already collected and available.
If Providers accept BIDDCOINS, they may be credited as a price reduction when booking a stay. The maximum number of redeemable BIDDCOINS is 60,000, corresponding to a value of EUR 600.00.
If there are not enough BIDDCOINS available to fully deduct the maximum redeemable amount when booking a stay, the Participants’ currently available BIDDCOINS are used proportionally.
Participants are free to decide whether to redeem BIDDCOINS when booking a stay.
There is no legal entitlement to collect or redeem BIDDCOINS. The Operator may change, suspend or terminate the programme at any time; BIDDCOINS already acquired remain unaffected to the extent their use is possible and reasonable under these GTC.
BIDDCOINS are non-transferable.
Cash settlement of BIDDCOINS is not possible. BIDDCOINS not redeemed within 12 months from the time they are credited expire without compensation.
Participants use the chat function available on the Platform exclusively for exchanging information and for asserting or clarifying complaints to Providers regarding offers and stays. Contract conclusion, payment processing and contract amendments are not carried out via the chat function.
Unlawful content, infringements of intellectual property rights, defamatory, discriminatory or harassing content, misleading information, spam and automated requests, circumvention of technical protection measures, transmission of external contact or booking data to circumvent the Platform, and requests for payments outside the designated payment channels are prohibited.
The Operator may review, log and store messages automatically and manually for abuse prevention, contract performance, evidence preservation, accounting and to fulfil statutory obligations. If there are specific indications of breaches, the Operator may remove or disable content, restrict or terminate conversations, and warn, restrict or block accounts. Section 33 (Blocking Participants) and Section 44 (Anti-Circumvention) apply accordingly.
Participants may delete their user account at any time via the Platform or by email to the Operator. Upon deletion of the user account, all BIDDCOINS not yet redeemed and other advantages expire without compensation. Contracts already concluded with Providers remain unaffected by the deletion and must be fully performed.
The Operator may delete user accounts after twelve months of inactivity. Participants will be informed thereof by email at least four weeks prior to deletion.
In the event of breaches of these GTC or applicable law, the Operator may delete user accounts with immediate effect. In this case, there is no entitlement to reimbursement of advantages or credits.
Personal data is deleted or anonymised after termination of the contract in accordance with statutory retention periods and the Operator’s privacy policy.
Participants may report content that is unlawful or infringes third-party rights. Reports should include the location on the Platform, a brief justification and contact details for queries.
The Operator reviews reports promptly, takes appropriate measures and may remove or disable content, temporarily or permanently block accounts, preserve evidence and inform competent authorities.
Decisions will be communicated to the reporting Participants where technically possible. The Operator may reject manifestly unfounded or abusive reports; in cases of systematic abuse, the Operator may block user accounts. Statutory duties to cooperate and provide information as well as official orders take precedence.
The Operator enables DSA-compliant reporting of unlawful content. Participants may report unlawful content pursuant to the Digital Services Act via the reporting form on the Platform or by email to support@hobidd.com. The report should contain a sufficiently precise and reasoned explanation of why the content is unlawful, the exact location including URL, the name and email address of the reporting person, and a declaration that the information provided is correct to the best of their knowledge.
The Operator processes reports without undue delay and generally takes a decision within seven business days. In the case of manifestly unlawful content, in particular criminal content, an immediate review is carried out and, where appropriate, the content is removed or restricted.
Both the reporting person and the affected Provider or Participant are informed of the decision. If content is removed or its visibility is restricted, the affected person receives a statement of reasons indicating the relevant legal basis and available remedies.
Participants may lodge a complaint against moderation decisions within six months. Complaints are reviewed within fourteen days. The Operator seeks a fair and transparent solution and informs the complainant and the affected party of the outcome.
Advertising content, sponsored offers and advertisements are clearly labelled as advertising. Participants receive transparent information about which content is influenced by paid placements.
If content is removed or restricted, or an account is moderated, the affected user receives a reasoned “Statement of Reasons” indicating the main reasons, the relevant provisions and available remedies. The Operator provides an internal complaint system; complaints against moderation decisions may be submitted within six months.
Participants shall address complaints primarily and exclusively to the Providers or Service Providers. For this purpose, they use the chat function available on the Platform or the contact details of the Providers stated in the offer. Complaints should include the booking reference, travel dates, a description of the facts and any available evidence.
Participants shall report defects without undue delay after becoming aware of them and, where reasonable, during the stay so that remedy can be provided. Claims under the service relationship exist exclusively against the Providers or Service Providers unless otherwise regulated in these GTC.
For vouchers paid via the Operator, Section 12 (Payment for Vouchers), Section 13 (Redeeming Vouchers) and Section 48 (Payment Service Providers and Fraud Prevention) apply in addition. The Operator may forward complaints to Providers, request additional information and reject manifestly unfounded or abusive complaints.
Suspension or set-off of payments is permitted only in accordance with Section 49 (Set-off, Assignment, Retention). Section 50 (Communication and Service) applies, including the notice on online dispute resolution.
Providers may notify the Operator of incidents in connection with bookings by Participants, in particular in the event of suspected misuse, breaches of these GTC or outstanding cooperation. Participants shall cooperate reasonably in clarifying matters, provide required information and, upon request, furnish suitable evidence.
Based on the notification, the Operator may take appropriate measures, including warnings, restrictions or blocking under Section 33 (Blocking Participants) and measures under Section 44 (Anti-Circumvention).
Disputes regarding performance under the contract between Providers and Participants are resolved directly between them; the Operator is not obliged to decide and assumes no tour-operator obligations.
If there are indications that Participants are breaching these GTC or applicable law, the Operator may block the relevant user accounts at any time, temporarily or permanently, and revoke advantages such as the HOLIDAY BONUS or BIDDCOINS. This applies in particular in cases of indications of abusive multiple accounts, identity obfuscation or manipulation of benefit programmes such as MEGABIDDS, HOLIDAY BONUS or BIDDCOINS.
Affected Participants may use the internal complaint system under Section 30 to challenge blocking or restriction decisions.
The Operator is neither responsible for the lawfulness nor for the accuracy of sales offers and assumes no warranty or liability towards Participants. This also applies to content and sales offers posted independently by Providers on the Platform. No warranty is given for the availability of the Platform. The Operator is not obliged to operate the Platform and may change the design of the Platform at any time or discontinue operations without prior notice.
The Operator is not liable for damages caused by errors, delays or interruptions in data processing, technical malfunctions, failures of hardware or software, disruptions of the internet connection, attacks by third parties, malfunctions of third-party systems, incorrect content or loss or deletion of data. The Platform is provided “as is”. Warranty claims are excluded to the extent permitted by law. Liability for slight negligence is excluded, except for damage to life, body or health.
The Operator assumes no liability for the availability, quality or lawfulness of services offered by Providers. In particular, the Operator is not obliged to verify the creditworthiness, reliability or performance of Providers.
The Operator is not liable for acts or omissions of Providers or Service Providers, in particular not for non-performance, defective performance, delays or other performance disruptions.
The Operator gives no warranty for the functioning of links to external websites or the availability of third-party services such as Facebook, X or payment service providers.
The Operator’s liability for slight negligence is excluded. This does not apply to damage resulting from injury to life, body or health, nor to damage resulting from the breach of essential contractual obligations.
In the event of a breach of essential contractual obligations, the Operator’s liability is limited to the typical foreseeable damage. In any case, liability is limited to EUR 1,000.00 per damaging event, unless mandatory statutory liability provisions provide otherwise.
The Operator is not liable for indirect damages, consequential damages, loss of profit or pecuniary losses unless caused by intent or gross negligence.
The above limitations of liability also apply to the personal liability of the Operator’s employees, representatives and vicarious agents.
Participants shall fully indemnify and hold the Operator harmless from all third-party claims arising from a breach of their contractual or statutory obligations or from unlawful use of the Platform. This includes all costs of legal defence, including reasonable attorneys’ and court fees, as well as any claims for damages.
The indemnification obligation applies in particular in the event of breaches of these GTC, unlawful content, infringement of third-party rights, manipulation of benefit programmes and circumvention of the Platform under Section 44.
The indemnification obligation does not apply where Participants are not responsible for the breach.
Participants are obliged to actively cooperate when using the Platform and to provide all necessary information truthfully, completely and up to date.
In particular, Participants must keep their registration data up to date, respond to the Operator’s requests within a reasonable period, provide required evidence and documents upon request, comply with technical specifications and usage instructions, and report defects and disruptions without delay.
If duties to cooperate are breached, the Operator may suspend provision of its services until the duties to cooperate are fully performed. If the Operator incurs additional expenses or damages due to insufficient cooperation, these shall be compensated by Participants.
Participants have no legal entitlement to the retention of specific functions, features or design elements of the Platform. The Operator may change, extend or restrict the Platform at any time at its discretion.
This applies in particular to benefit programmes such as BIDDCOINS, MEGABIDDS or the HOLIDAY BONUS, which may be adjusted, suspended or discontinued at any time. Rights already acquired remain unaffected to the extent their exercise remains possible and reasonable.
Offers are sorted by default based on key parameters, in particular relevance to selected filters, recency of publication and price. The relative weighting of these parameters may vary depending on use of filters. Participants may adjust the order via available sorting options. Paid highlights are labelled as advertisements and affect order only in appropriately marked areas.
The Platform is offered in several languages. Content may be displayed in different languages. Translations are generated automatically. The Operator assumes no warranty for the correctness, completeness or accuracy of translations and is not liable for misunderstandings or errors arising from the use of automatic translations. Only the German version is authoritative.
Contracts are concluded electronically. Clicks on buttons such as BOOK NOW or the express acceptance of an offer are deemed legally binding declarations. Electronic logs, logfiles, emails and system records of the Operator serve as evidence of contract conclusion and declarations.
All rights to content and databases of the Platform lie with the Operator. Automated queries, scraping or republication of content are prohibited. Content provided by Participants may be used by the Operator free of charge, non-exclusively and without territorial limitation for the purpose of contract performance and presentation of the Platform.
There is no entitlement to a specific availability of the Platform. The Operator may carry out maintenance. During maintenance or disruptions, functions may be wholly or partly suspended. No claims arise for Participants as a result.
Participants are prohibited from concluding bookings outside the Platform for identical stays that were initiated via the Platform, in particular for the purpose of circumventing Platform functions or conditions. Breaches entitle the Operator to block the account and revoke advantages obtained.
The Operator may correct obvious price, display or system errors. Contracts may be adjusted or rescinded in the event of a material mistake under statutory provisions, in particular Section 871 of the Austrian Civil Code (ABGB). Payments already made will be refunded. Further claims against the Operator exist only to the extent permitted by law.
The Operator processes Participants’ personal data exclusively in accordance with applicable data protection provisions, in particular the GDPR and the Austrian Data Protection Act. The Operator and the Providers generally act as separate controllers. The Operator transmits personal data only insofar as necessary for contract performance. Further information is available in the Operator’s privacy policy on the Platform.
The Operator may amend or supplement these GTC. Participants will be informed of amendments at least four weeks before they take effect in text form. The amended GTC are deemed approved unless Participants object in text form within two weeks after receipt of the notice. Amendments to contracts already concluded remain unaffected unless mandatory legal reasons require an adjustment. In the event of objection, the Operator may terminate the contractual relationship.
This provision applies exclusively to payments by Participants to the Operator in connection with stays provided as vouchers. The Operator may use external payment service providers and is entitled to conduct identity and payment checks for fraud prevention.
Payments may be withheld or cancelled pending review. Refunds are made via the same means of payment to the original source charged. Fees, conversion charges and bank charges of payment service providers or credit institutions are borne by Participants.
If a chargeback occurs after redemption of a voucher, the payment obligation remains. The Operator may block the voucher and pass on incurred fees. Section 12 applies in addition.
Set-off against claims of the Operator is permitted only with counterclaims that are undisputed or have been finally adjudicated. Claims against the Operator may not be assigned without the Operator’s consent. Rights of retention against the Operator exist only insofar as they arise from this contractual relationship.
The Operator may transfer rights and obligations under this contractual relationship in whole or in part to affiliated companies; Participants will be informed in text form.
Declarations between the Operator and Participants may be made in text form unless a different form is expressly required. Communications from the Operator are deemed received at the latest on the next business day after dispatch to the email address provided by Participants. Participants must keep their email address up to date and check it regularly.
Contracts with Participants acting as consumers may be handled via the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr/. The Operator is not obliged and generally not willing to participate in dispute resolution before a consumer arbitration board.
The limitation period for claims arising from the contractual relationship is three years from knowledge of the claim and the debtor, but no more than ten years from accrual of the claim. Statutory limitation periods apply to claims for damages due to intent or gross negligence and to claims arising from injury to life, body or health.
The Operator and Participants are released from their obligations insofar as performance becomes impossible or unreasonably impeded due to force majeure. Force majeure includes unforeseeable events beyond the parties’ control, in particular natural disasters, war, terrorism, pandemics and administrative orders. The affected party shall inform the other party without delay about the occurrence and expected end.
All declarations and communications under these GTC must be in text form unless a stricter form is prescribed. Text form is satisfied if the declaration is made in readable text and the identity of the declarant is evident. Transmission may in particular be by email or via the Platform.
If the Operator fails to assert rights under these GTC or to take measures, this does not constitute a waiver of such rights. Rights may be enforced at any time within the legally permissible framework.
Where Participants do not act as consumers, all disputes arising out of or in connection with these GTC shall be subject exclusively to the competent court in Klagenfurt, Austria.
Where Participants act as consumers, the mandatory statutory rules on jurisdiction apply. Actions by the Operator against Participants shall be brought exclusively before the courts at the Participants’ domicile; Participants may bring actions either before the courts at their domicile or at the Operator’s seat in Klagenfurt, Austria.
All legal relationships between the Operator and Participants are governed by Austrian law, excluding the conflict-of-laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods. In contracts concluded with consumers, mandatory provisions of the law of the state in which the Participants have their habitual residence remain unaffected.
Court language is German. Contract language is German.
The European Commission provides a platform for out-of-court online dispute resolution (ODR). Participants can access it at https://ec.europa.eu/consumers/odr. Our email address is support@hobidd.com.
The Operator is not obliged and generally not willing to participate in dispute resolution before a consumer arbitration board. Participants may, however, contact the competent consumer arbitration boards.
If individual provisions of these GTC are or become invalid, or if these GTC contain a gap, the validity of the remaining provisions shall not be affected. In place of the invalid provision or to fill a gap, a legally permissible provision shall apply that comes as close as possible to the economic purpose of the invalid provision.