1. Scope and application
The use of the websites offered by ÖBB-Postbus GmbH and all data, information and services provided (except for services based on separate agreements) is solely permissible based on these terms.
In individual cases, these General Terms and Conditions of Use may be complemented, modified or replaced by additional terms and conditions, for example by those applicable to our ÖBB products and services.
By using a website, you accept the applicability of these General Terms and Conditions of Use as amended.
On our websites, we make different types of data, information and applications available for access and download.
We are entitled to partially or fully discontinue the operation of our websites at any time. We furthermore assume no responsibility for the uninterrupted availability of our websites.
Some areas or services available on our websites may be password-protected. In the interest of safe and secure business transactions, access to these pages is therefore, in certain cases, only possible if you have previously registered. However, you have no legal claim to a registration.
We furthermore reserve the right to introduce pre-registration requirements for websites which up until now have been freely accessible.
3. Rights of use
The use of the content made available on our websites is subject to these terms and conditions as amended.
Any separately agreed terms and conditions of use or licensing have priority over these General Terms and Conditions of Use.
All the contents made available on the website, are protected by copyright and, where required, trademark and are intended for personal and not for commercial use, unless otherwise and separately labelled.
As a user, you are granted a non-exclusive and non-transferable right to use the information and applications made available on our websites within the scope of the individual special agreement. Should no separate agreement be entered into, the use is only permissible subject to these Terms and Conditions of Use to the extent that usage by you is in accordance with the intended purpose of provision and transfer.
Data, information, applications, brand names, images and other content may not be edited, changed, copied, modified, supplemented, duplicated, presented, sold, leased, rented out, lent or in any other way conveyed to third parties or exploited without our prior written agreement.
Any use beyond this (particularly of commercial nature) is impermissible without prior permission from the operator or the respective copyright holder. The user shall not be granted licences or rights of any nature additional to the rights of use explicitly granted, in particular to the company name and to other industrial property rights (such as brands, utility models, patents) or to the copyright.
If as a user of our websites you submit any ideas or suggestions, we are entitled to use and realise these free of charge.
4. User obligations
When or by using our websites, you as a user may not
- violate moral standards with your usage behaviour;
- use them for unlawful purposes;
- violate our industrial property rights, copyrights or other property rights;
- transfer content containing viruses, particularly trojans or other programmes, which may be harmful to the software;
- enter, save or send hyperlinks or contents for which you have no authorisation, especially if these hyperlinks or contents violate confidentiality obligations or if they are unlawful or if they distribute advertising or unrequested e-mails (spam) or false warnings against viruses, defects. etc. or if they solicit participation in competitions, snowball systems, chain letters, Ponzi schemes or similar activities.
We are entitled to ban access to our websites at any time, in particular if you as a user violate these General Terms and Conditions of Use or other special agreements.
5. Third-party websites (hyperlinks)
Our websites may contain hyperlinks to third-party websites.
We assume no responsibility for the contents of these websites, as these are not contents provided by us.
6. Web analysis service
Our websites use Matomo. This is a so-called web analysis service. Piwik uses so-called "cookies". These are text files which are stored on your computer and allow us to analyse your usage of the websites. For this purpose, the usage information generated by the cookie (including your truncated IP address) is transferred to our server and stored for usage analysis purposes. This helps us in optimising our websites. During this process, your IP address is instantly anonymised to ensure that no one will be able to determine your identity.
The data and information generated by cookies on the usage of our websites is not passed on to third parties.
If you do not agree to the storage and analysis of data related to your visit and usage of our websites, you can object to such storage and usage by clicking below. In this case, a so-called opt-out cookie will be stored in your browser. As a result, Piwik will collect no session data.
We expressly draw your attention to the fact that if you delete your cookies, this will also result in your opt-out cookie being deleted. It would therefore then have to be re-activated by you.
If we provide data, information and applications free of charge, any liability for defects in quality or title are expressly excluded, unless premeditated or malicious behaviour on our behalf can be proven.
Any liability in cases other than the ones mentioned above requires proven intentional or grossly negligent behaviour on our part. In general, any liability on our behalf regarding indirect or consequential damages or loss of profit as well as loss or modification of data and information is excluded. Liability for personal injury arises already in the event of minor negligence.
We furthermore assume no liability regarding accuracy, flawlessness, non-infringement of third-party property or trademark rights, completeness and/or usefulness or permanent availability.
While we strive to keep our websites free from viruses, we cannot guarantee the absence of viruses. Prior to using and downloading information or applications, you as a user must independently take the required protective measures, for example by establishing relevant security measures such as a virus scanner.
8. Data protection
You can find all data protection related information in our data protection declaration.
Ancillary agreements must be in writing.
In the event that any provision hereof should be or become ineffective or void, it shall not affect the validity of the remainder hereof. The ineffective or void provision will be replaced by a legally valid arrangement, which comes as close as possible to the commercial meaning and purpose of the ineffective or void provision. This rule applies mutatis mutandis to gaps.
The Austrian laws apply, with the exception of the referring statutes of international private law and the UN Sales Convention.
The place of performance and jurisdiction is Vienna, unless the case relates to a consumer transaction as per §1 of the Austrian Consumer Act (Konsumentenschutzgesetz).