Imprint, Terms of Liability

Internationale Bodensee Tourismus GmbH

Imprint, Terms of use Liability

Responsible for the content:
Internationale Bodensee Tourismus GmbH
Hafenstraße 6
78462 Constance
Germany
Telephone: +49 7531 909430
Fax: +49 7531 909494
office@bodensee.eu
www.bodensee.eu

Registered with the commercial register of the Local Court of Constance – register number: HRB 381552
VAT ID NUMBER: DE194008758

Managing Director:
Jürgen Ammann

Chairman of the Supervisory Board:
Bürgermeister Achim Krafft

Design, conception, realisation
elements.at New Media Solutions GmbH
Gusswerk Halle 6, Söllheimerstraße 16
5020 Salzburg
Austria
Telephone +43 662 876 606
www.elements.at

Picture credits
Internationale Bodensee Tourismus GmbH and its partners

 

Terms of use 
We offer our services free of charge to all who are interested.
Use of the web pages of Internationale Bodensee Tourismus GmbH (hereinafter referred to as “IBT”) is subject to the General Terms of Use set out below. By accessing the web pages you agree to these terms without limitation. Please note that additional special terms of use apply to individual offers (e.g. terms of use for the service offers of the BodenseeErlebniskarte).

Scope of use
You are forbidden to engage in any and all activities on or in connection with the portal that violate applicable law, the rights of third parties or the principles of the protection of minors.
In particular, the web pages must no be used for deliberately untruthful information, fraudulent actions, threats, coercion, defamation or the transfer of pornographic, racist or any other illegal content. Files that may contain viruses or harm the computers of a third party or the web pages of IBT must not be uploaded. Services and goods may not be offered for sale or advertised. It is prohibited to conduct opinion polls or similar. It is prohibited to circulate files, software or other content that is subject to industrial property rights, copyright protection or protection of the right to privacy, unless the user holds these rights.

Uploading of content by third parties
Insofar as third parties make materials, e.g. images, videos or texts, available to IBT for publication purposes, the third party guarantees that IBT may freely dispose of the graphic material, that the material is free of third-party rights and that the persons shown agree to publication without any remuneration being payable to them. The user indemnifies IBT insofar against any third-party claims as they assert claims against IBT based on the uploaded graphic material. Unless explicitly indicated otherwise, any and all image rights of the graphic material published on these web pages are held by IBT.

The user agrees to indemnify IBT on first request against any third-party claims arising from misuse or any other illegal use of the web pages by the user.

IBT expressly reserves the right to amend, supplement, delete or temporarily or definitely cease publication of content without prior announcement. IBT shall have the right to block access of individual users at any time.

Advertisements
The respective author shall be responsible for the content of advertisements; the same applies to the content of the advertised website.

Copyrights and ancillary copyrights; responsibility for third-party content
(1) The content published on these web pages is protected by copyright or other property rights. It is the property of IBT, other participants or other third parties who have made the respective content available. Where applicable, the combination of content is protected as database or database work in terms of Article 4 (2) and Article 87a (1) of the UrhG [Copyright Act]. You may use this content only in accordance with these Conditions of Participation and Terms of Use as well as in the context provided on the portal. It is forbidden to make these web pages or parts thereof available on other web pages and networks. Any and all use not permitted by copyright shall require the prior written permission of IBT, including but not limited to the duplication, editing, translation, saving, processing or reproduction of content in databases or other electronic media and systems. The web pages may only be photocopied or downloaded for personal and private, non-commercial use. Product and company names listed may be registered trademarks or brands. Unauthorised use may result in claims for damages and injunctive relief.

(2) IBT holds the unlimited or non-exclusive exploitation rights for the graphic material used in its own contributions. The representation of IBT web pages in third-party frames requires written approval.

(3) The content available on our web pages is partly that of IBT and partly that of other participants or other third parties. Content of participants and other third parties is hereinafter referred to as “Third-party Content”. IBT dose not check Third-party Content for completeness, accuracy, legality and currentness and therefore does not assume any liability and provides no guarantee for the completeness, accuracy, legality and currentness of Third-party Content. This also applies in regard to the quality of Third-party Content and its suitability for a specific purpose. The same also applies insofar as Third-party Content on external web pages accessible via links is concerned.

Data protection
The protection of personal data is a major concern for us. In the paragraphs below, we provide extensive information about which data are collected when visiting our website and using our offer, how these data are collected and processed by IBT as well as which accompanying technical and organisational protective measures are taken.

Responsible authority in terms of the BDSG [Federal Data Protection Act] and, simultaneously, service provider in terms of the TMG [Telemedia Act] is IBT, represented by the managing director, Mr Jürgen Ammann. Please see the imprint for further details.

When accessing the web pages of IBT, general information regarding access (date, time, accessed site) is saved. These data do not constitute personal data, but are anonymised. They are analysed for statistical purposes only and are used for optimisation of the web pages.

When accessing the web page, IBT receives usage data that are saved for security purposes and may allow for identification (e.g. IP address, date, time and accessed pages). These data are analysed by IBT in order to get to know the user behaviour and to compile statistics. No personalised processing or use takes place. Further information on data protection in the Federal Republic of Germany can be found here: http://www.bfd.bund.de.

If name, address or any other personal data are requested in individual cases, especially when registering to use the webs pages, you will be notified beforehand. Your personal usage data are used exclusively for making the service as convenient for you as possible and to improve it. If you decide to provide IBT with personal data online, for example to process correspondence or to place an order, these data will be handled carefully in accordance with the strict provisions of the BDSG.

If data are transferred to service providers in the context of order processing, these service providers are also bound to comply with the BDSG, other legal provisions and, by contract, to the Privacy Policy of IBT. Insofar as IBT is required by law or court order to disclose your data to authorities entitled to receive this information, we shall do so to the extent requested. IBT shall not make your data available for any other purposes without your express consent.

IBT stores your data on specially protected servers in Germany. These can only be accessed by few people authorised by IBT who are involved in the technical, commercial or editorial maintenance of these servers.

When sending an e-mail to IBT, its content and your e-mail address shall be used exclusively for communicating with you. Communication by e-mail may be subject to security gaps. If IBT receives an e-mail from you, we assume that we have the right to reply by e-mail. Any deviating preferential mode of communication has to be communicated explicitly to IBT.

Use of cookies
Our web pages use so-called cookies in various instances. These are small text files that are saved by your browser. When you revisit a site, these cookies send information in order to recognise you automatically. Cookies do not contain viruses and do not harm your computer. IBT shall only use cookies when they are urgently needed for user functions or if they facilitate navigation of the web pages. This information is not made available to third parties since cookies are used exclusively for the purposes set out above. Most browsers are set to automatically accept cookies. However, this function can be deactivated in the browser at any time. You can set your browser to inform you when cookies are being sent.

As a general rule, IBT web pages do not contain advertising panels. If the contrary is the case, systems of partners and service providers may be used in the realisation of these advertising panels. Some of these utilise own cookies or similar technical processes with the purpose of measuring access numbers more accurately and in order to be able to optimise the insertion of advertising panels for the user. The data collected in this context (AdImpressions, AdClicks) are used exclusively for statistical analysis. No personal data are used. When realising advertisements, cookies may be used without IBT being able to influence the process.

IBT expressly points out that online data transfer is subject to security gaps and cannot be completely protected against access by third parties.

Use of Google Analytics
It is important to us to optimise our website design and to provide visitors with an attractive offer. To achieve this, it is necessary for us to know how individual parts of the website are received by the users.
Therefore, this website uses Google Analytics, a web analysis service of Google Inc. (hereinafter referred to as “Google”). Google Analytics also uses cookies, i.e. text files that are saved on your computer and allow for analysis of your use of the website. The information about your use generated by cookies are usually transmitted to a Google server in the USA and stored on this server. However, if IP anonymisation of this website is activated, Google will shorten your IP address in member states of the EU before transfer. Only in exceptional cases are complete IP addresses transmitted to a Google server in the USA and shortened there. Google will use this information on our behalf for analysis of your use of the website, to compile reports and to provide further services regarding use of the website and the internet to us as operator of the website.
The IP address transmitted from your browser in connection with Google Analytics will not be combined with other data of Google.
You can prevent storage of cookies by corresponding changes to your browser software settings; but please note that you may not be able to use all functions of our website in this case. Additionally, you can prevent collection of the data regarding your use of the website that are generated by a cookie (including IP address) and processing of these by Google by downloading and installing the following browser plug-in: http://tools.google.com/dlpage/gaoptout?hl=de.

Right to information, right of revocation and right of objection
You are entitled to receive information about your data that is stored. If you request IBT to cease using personal data for further contacting and/or to delete these data, corresponding action shall be taken. Data that are necessary for placing an order or for commercial purposes shall not be affected by a cancellation or deletion. Please understand that personalised service can no longer be provided in case of revocation, since it is based on the use of customer data.

Limitation of liability for services provided free of charge
If you incur damage arising from the use of services provided free of charge (including the access of gratuitous content) by us on our web pages, IBT shall be liable only insofar as you incurred the damage by contractual use of the gratuitous content and/or services and only in case of intent (including fraudulent intent) and gross negligence on the part of IBT.

Limitation of liability for services subject to a charge
When you use services subject to a charge (including access of content subject to a charge), IBT shall be liable in accordance with the following provisions:
(1) IBT shall assume unlimited liability for damages caused intentionally or by gross negligence by IBT or its legal representatives, executive officers or vicarious agents.
(2) IBT shall not assume liability in cases of violation of minor contractual obligations caused by slight negligence. Apart from that, liability of IBT for damage caused by slight negligence shall be limited to damage that usually has to be expected in the context of the respective contract (damages that can be typically expected for the contract). This also applies in case of violations due to slight negligence on the part of legal representatives, executive officers and simple ordinary vicarious agents of IBT.
(3) The above limitation of liability does not apply in cases of fraudulent intent, in case of physical or personal injury, violation of guarantees as well as claims arising from product liability.

Exclusion of liability for external links
These web pages include links to external websites. Any and all liability for the content of these websites is excluded as IBT has no influence on their content, accuracy and completeness of the information, legality and morality, but only offers access for use. IBT does not appropriate their content. The respective provider shall exclusively assume liability for the content of third-party websites. IBT shall assume no liability for damages arising from the utilisation or non-utilisation of such third-party information; the sole liable person shall be the respective provider or author. Even though IBT examined the Third-party Content to the best of its knowledge and belief and with due care upon first linking to establish if the content gives rise to responsibility under civil or criminal law, insofar as discernible for IBT, and whether the third-party websites violate good morals or law; yet IBT has no influence on current and future design and on the content of the linked websites. IBT cannot be reasonably expected to maintain continuous control of external links without concrete evidence of statutory violations. However, if we become aware of statutory violations, such external links shall be removed.

Calendar of events
The content made available in the calendar of events is based on information provided by regions, municipalities and individuals and is compiled by IBT with the greatest care. However, IBT cannot guarantee its accuracy and completeness. Accordingly, errors and omissions are expected. IBT also points out that events are subject to change at short notice. Therefore, please have the respective organiser confirm the information in all cases. Liability of IBT for damage arising from use of content published in the calendar of events is excluded.

Package holiday offers
The respective providers are exclusively responsible for accuracy and completeness of information, texts, photos, prices, travel times and offers of third-party providers that are listed on the IBT website, including the travel offers in the offer database. IBT does not act as tour operator or as agent, but only offers a platform for presentation of the respective offer. Errors and omissions are expected. IBT does not assume liability in connection with the content of the offers.
IBT reserves the right to delete offers without further notice or to cease publication, either temporarily or definitely. The provider of the offer shall indemnify IBT against claims of other providers or other third parties that these may assert against the provider based on the violation of their rights, content uploaded by the provider to the offer platform or other use of the platform by the provider. In particular, the provider shall assume the costs of the legal defence of IBT, including any and all court fees.
IBT does not assume responsibility or liability for the content and contractual provisions of contracts concluded directly between the provider and the interested person.

Newsletter
In order to be able to receive the gratuitous newsletter offered on these web pages, we require your consent in terms of data protection law as well as your valid e-mail address to which the newsletter is to be sent. Any further information is not mandatory and is used in order to contact you personally and to personalise the content of the newsletter as well as to be able to clarify possible enquiries regarding the e-mail address, where applicable.
As a rule, we use the so-called double opt-in procedure, i.e. we shall send the newsletter to you only if you confirmed your registration by clicking on the link in the confirmation e-mail sent to you for this purpose. By using this procedure, we can ensure that only you as owner of the e-mail address provided can subscribe to the newsletter. Your confirmation must be completed promptly after receipt of the confirmation e-mail; otherwise, your subscription to the newsletter is automatically deleted from our database.
You may revoke your consent for storage of these data as well as their use for distribution of the newsletter at any time. In order to unsubscribe, please send an e-mail to info@bodensee.eu.

Applicable law / severability clause
All legal relationships between the user and IBT are exclusively subject to German law.
Place of performance and jurisdiction Constance, insofar as such agreement on place of jurisdiction is legally permissible.
If one of the aforementioned provisions is or becomes void, in part or in whole, the remaining provisions shall remain unaffected. The void provision shall be replaced by a valid provision that corresponds best to the spirit and purpose of the void provision in a legally effective manner. The above provision applies accordingly in case of regulatory gaps.