General Terms and Conditions of Use
valid as of 27.1.2020
1. Application and scope of application
The websites provided by Österreichische Postbus Aktiengesellschaft and all the data, information and services provided via the websites (excluding services which are governed by separate agreements) may only be used according to these terms and conditions.
These General Terms and Conditions of Use may be supplemented, modified or replaced in individual cases by additional terms, for example those which apply to our Vienna Airport Lines products and services.
You accept the application of the General Terms and Conditions of Use, as amended, upon commencing use of the website.
We provide various data, information and applications on our website for viewing and downloading.
We are entitled to discontinue the operation of our website, either partly or entirely, at any time. Furthermore, we do not provide any warranties for the uninterrupted availability of our websites.
Some areas of, or services offered via, our website may be password-protected. Therefore, in certain cases and in the interest of doing business securely, access to these pages may be subject to prior registration. However, there is no legal right to registration.
Furthermore, we explicitly reserve the right to subject websites which were previously freely accessible to an obligation to register in advance.
3. Right to use
The use of the content provided on our websites is governed by these General Terms and Conditions, as amended.
Any terms and conditions of use or licensing which have been agreed on separately prevail over these General Terms and Conditions of Use.
All content provided on the website is copyright-protected and may also be trademark-protected, and - unless specifically labelled otherwise - is only intended for personal, not commercial use.
We grant you, as a user, a non-exclusive and non-transferable right to use the information and applications provided on our website within the scope of the respective special agreement concluded. If no special agreement has been concluded, use is only permitted pursuant to this agreement on use to the extent that the use corresponds to the purpose pursued with the provision and transfer.
No data, information, applications, trademark names, pictures or other content may be processed, amended, copied, modified, supplemented, reproduced, presented, distributed, sold, rented, lent or exploited in any other way without our prior written consent.
No usage going beyond this (including of a commercial nature) is permitted without the prior consent of the operator or the respective holder of the rights. Apart from the usage rights which are expressly granted, the user is not granted any licences or any other rights of any kind, including rights in company names, commercial protection rights (trademarks, utility models or patents) or copyrights.
If, as a user, you save ideas and input on our website, we are entitled to use and exploit these free of charge.
4. User’s obligations
When using our website, you, as a user, may
- not breach public policy with your usage behaviour;
- not use the website for unlawful purposes;
- not infringe our commercial protection- and copyrights or other property rights;
- not transmit any content infected with viruses, including Trojan horses or other programmes which could cause us harm;
- not enter, save or send any hyperlinks or content for which you have no authorisation, including if these hyperlinks or this content breaches confidentiality obligations or are unlawful or if this advertising or unsolicited emails (spam) spread false warnings about viruses or malfunctions, or encourage the participation in games of chance, snowball schemes, chain letter-, pyramid schemes or other similar actions.
We are entitled to block access to our websites at any time, including if you, as a user, breach these General Terms and Conditions of Use or other specific agreements.
5. Websites of third parties (hyperlinks)
Our websites may contain hyperlinks to third party websites.
We do not assume any responsibility for the content of these websites, because their content is not provided by us.
6. Web analytics
Our websites use Piwik (Matomo). This is a web analytics service. Piwik (Matomo) uses “cookies”. These are text files which are stored on your computer and enable us to analyse data on the use of the website. For this purpose, the information on use which is generated by the cookies (including your shortened IP address) is transmitted to our servers and is saved for the purpose of analysing use so that we can improve our website experience.
Your IP address is anonymised promptly as part of this process, so that it is not possible to identify you.
The data and information about the usage of our websites which are generated by cookies are not passed on to third parties.
You can opt out of cookies by adjusting the settings on your browser software. However, if you do this, some features of our websites may not be available.
If you do not want data in connection with your visit to and your usage of our websites to be saved or exploited, you may object to saving and usage by clicking with your mouse as follows. In this case, an opt-out cookie will be placed on your browser, which means that Piwik will not collect any session data.
We explicitly highlight that if you delete cookies, this will result in the opt-out cookies also being deleted and you may have to reactivate them.
If we provide data, information and applications free of charge, liability for material and legal defects is explicitly excluded, unless it can be proven that we acted intentionally or deceitfully.
Liability in cases other than those specified above requires intentional or grossly negligent conduct by us to be proven. In general, we have no liability for indirect damage, consequential damage or lost profits or for any loss or modification of data and information. We are liable for personal injury, even in the case of slight negligence.
Furthermore, we do not assume any liability for the accuracy, freedom from errors, freedom from protection- and copyrights of third parties, completeness and/or usability or for uninterrupted availability.
Even though we make every effort to keep our website free of viruses, we cannot guarantee this. Before using and downloading information or applications, you, as user, must take the required security measures, such as setting up the relevant security precautions (i.e. virus scanner).
8. Data protection
Ancillary agreements must be in writing.
If individual provisions of these Terms and Conditions are or become ineffective or void, this does not affect the effectiveness of the remaining provisions. The ineffective or void provision will be replaced by a provision with content that comes as close as possible to the economic content of the ineffective or void provision. This provision applies mutatis mutandis to any loopholes.
Austrian law applies, excluding its conflicts of laws provisions under private international law and the UN Sales Convention.
The place of fulfilment and place of jurisdiction is Vienna, apart from where consumer transactions pursuant to section 1 Consumer Protection Act (Konsumentenschutzgesetz, KSchG) are concerned.