...from the Bergbahnen Fieberbrunn for the advance sale of packages for the project goodbyehello
Fieberbrunn, 12.07.2023
Updated on 17.11.2023
Bergbahnen Fieberbrunn GmbH
Information about the company
|
legal structure |
limited company (KOMM.) |
|
company |
Bergbahnen Fieberbrunn GmbH |
|
managing director |
Sebastian Schwaiger, MA Anna Wimmer Martin Trixl |
|
head office |
Lindau 17, AT 6391 Fieberbrunn/ Tirol |
|
telephone |
+43 535456333 |
|
|
office@bbf.at |
|
internet-adress |
www.fieberbrunn.com |
|
company register number / commercial register cort / court of jurisdiction |
FN: 33766k FB-Gericht: Landesgericht Innsbruck Innsbruck |
|
VAT number |
ATU31861900 |
|
business licence, concession |
cable railway |
Business purpose
- The core business of Bergbahnen Fieberbrunn GmbH is the two-season operation of a total of 12 cable cars and lifts in Fieberbrunn. The offer is always supplemented by further experience elements.
- The company's corporate strategy focuses exclusively on its core business. Other business areas such as gastronomy, bus companies and travel agencies are not currently operated.
Descripton of the planned project
The Bergbahnen Fieberbrunn GmbH is investing in the modernisation of its cable car services, replacing the old group cable cars F1 Streuböden & F2 Lärchfilzkogel with a modern, high-performance and interconnected 10-person monocable cable car including middle station. The new lift will be in operation summer and winter and will be geared towards all guest groups (including skiers, hikers, families, bikers). The main construction projects will be carried out in summer 2024 and the new lift will open at the beginning of the winter season 2024/25.
Anyone who supports the new construction as a crowdfunder with a one-off purchase price of € 1,000, € 2,000 or € 5,000 will in return receive a 15% price advantage (discount) spread over five years. The value is redeemable all year round on all services of the Bergbahnen Fieberbrunn.
General Terms & Conditions (GTC)
of the Bergbahnen Fieberbrunn GmbH for the advance sale of the crowdfunding packages.
Preamble
The "goodbyehello - Away with the old and in with the new." project is a Reward Pre-Sales Crowdfunding Campaign (pre-sale of packages).
These General Terms and Conditions (GTC) of Bergbahnen Fieberbrunn GmbH ("Seller") for the pre-sale of packages regulate the contractual relationship between you as the buyer (= customer) and the Bergbahnen Fieberbrunn GmbH, for all purchases of packages made as part of the Reward Pre-Sales Crowdfunding campaign on the online crowdfunding platform www.1000x1000.at. The buyer expressly acknowledges the validity of these GTC. The customers buy packages in advance and receive a regular customer discount due to the advance payment and the delayed redeemability.
The present purchase contract for the sale of packages is concluded exclusively between Bergbahnen Fieberbrunn GmbH and the customer. 1000x1000 Crowdbusiness GmbH, as the operator of the internet platform www.1000x1000.at, is not a party to this contract and does not act as a seller.
Against this background, the parties agree as follows:
1. Purchase agreement, condition precedent, buyer profile, minimum and maximum amount, increase in funding target
1.1.
The buyer's order of the packages (declaration of support) constitutes an offer to the seller to conclude a purchase contract. After the order (support) has been placed, the buyer will first receive a notification by e-mail confirming receipt of the order. Within this confirmation the receipt of the order is acknowledged. The purchase contract is only concluded through the subsequent acceptance by the seller (Bergbahnen Fieberbrunn GmbH) or 1000x1000.
1.2.
The purchase agreement is concluded subject to the condition precedent that the seller has concluded purchase agreements totaling at least € 200,000 (funding minimum) by 31.12.2023 at the latest. The conclusion is deemed to have taken place when the total purchase price amount (funding threshold) of € 200,000 is displayed on the www.1000x1000.at
1.3.
Buyers can be legal entities and/or natural persons over 18 years of age who have an email address. The contract is concluded online via the project page on the platform www.1000x1000.at or in writing via support forms. (Only purchases for one person can be made using each e-mail address on the platform).
You can support per transaction (purchase) with an amount of € 1,000, € 2,000 or € 5,000. The maximum participation amount per legal entity and/or natural person is limited to € 12,000 (total transactions per registered platform user). It is also possible to purchase a single package worth € 12,000.
1.5.
The Bergbahnen Fieberbrunn GmbH reserves the right to increase the funding target (up to a maximum of € 1,500,000 - in words: one million five hundred thousand) in the course of the crowdfunding campaign (if necessary also several times).
1.6.
If the funding thresholds (funding minimum, maximum) are not reached, the seller may extend the period specified in contract item 1.2. by 3 months, i.e. until March 31, 2024 at the latest. The purchase agreement is only concluded when the funding minimum of € 200,000 has been collected (see contractual item 1.2.). This can be before or after the extension period, at the latest by 31.03.2024. The seller must inform the buyer of the exercise of this extension of the deadline by sending a message to the e-mail address provided by the buyer and via the platform www.1000x1000.at/fieberbrunn.
2. Purchase price, voucher conditions, handling costs
2.1.
The purchase price for the packages offered is the purchase amount stated below per package offered. The respective purchase prices indicated for the various packages refer to one piece. When purchasing several packages, the amount per package is to be added up. Attention: Vouchers and discounts are only redeemable on end customer prices (private customer prices)!
Packages offered:
Package 1: „GOLD"
- Single purchase price € 5.000
- Vouchers available each year € 1.150
- Vouchers dirstributed over 5 years = € 5.750
Package 2: „SILVER"
- Single purchase price € 2.000
- Vouchers available each year € 460
- Vouchers dirstributed over 5 years = € 2.300
Package 3: „BRONZE"
- Single purchase price € 1.000
- Vouchers available each year € 230
- Vouchers dirstributed over 5 years = € 1.150
2.2
The packages offered are issued in the form of vouchers by Bergbahnen Fieberbrunn GmbH and are issued below as described in the packages under 2.1:
- The vouchers will be distributed over 5 years in May each year, for the first time in May 2024.
-
The vouchers are still valid after the five years. If the budget is not used up in one year, the amount is credited for the next year.
-
A (partial) redemption in cash is not possible.
- The vouchers can be redeemed at all ticket offices of Bergbahnen Fieberbrunn GmbH.
- The vouchers can be used to purchase all offers and tickets (including season & annual tickets, day ski passes, single rides, tickets for Timoks Alpine Coaster, merchandise articles) offered at the ticket offices of Bergbahnen Fieberbrunn GmbH. This applies to both winter and summer operation.
- The packages are not personalised and can also be passed on or given as gifts.
2.3.
The vouchers are sent by post by Bergbahnen Fieberbrunn GmbH and the delivery is announced digitally in advance. The Bergbahnen Fieberbrunn GmbH bears the shipping risk in the event that the vouchers are lost in the postal service or are not received by the buyer. Should the consignments not arrive, the Bergbahnen Fieberbrunn GmbH must be informed immediately by the buyer.
2.4.
All costs in connection with the handling of this Reward Pre-Sales Crowdfunding Campaign will be covered by the Bergbahnen Fieberbrunn GmbH.
3. Payment conditions
3.1.
After the buyers have submitted a binding order (confirmation of support on the platform = conclusion of contract; or offline conclusion of contract with signed support form), the respective buyer undertakes to pay the support sum (payment amount) selected by him/her within seven days after conclusion of the contract, by means of a bank transfer, into the trust account of the especially for this purpose set up trustee Business Revolution Society Verein, ZVR number 731497353, Grabenstraße 231, 8045 Graz, Austria.
The bank details are as followed:
Account holder: Business Revolution Society Verein
Bank account: Erste Bank der österreichischen Sparkassen AG
IBAN: AT16 2011 1820 1683 8810
BIC: GIBAATWWXXX
3.2.
If the funding threshold of € 200,000 (see contract point 1.2) is reached during the funding phase, the amount will be transferred from the trust account by the Business Revolution Society to the Bergbahnen Fieberbrunn GmbH, or if the funding threshold is not reached during this period, the amount paid in from the trust account will be transferred back to the buyer without loss.
3.3.
Invoices with sales tax can only be issued when the respective vouchers are redeemed, because the tax rate is only fixed by the choice of products.
3.4.
The trustee Business Revolution Society, as the settlement agent, only assumes the obligation to forward the amount of money of the buyer serving as pre-financing. There is no further liability for the project to be funded on the part of Business Revolution Society or 1000x1000.
3.5.
1000x1000 will also transmit the name, address and other contact details of the buyer to the seller in compliance with the General Data Protection Regulation (GDPR) (see contract item 5.2.).
4. Cancellation policy and cancellation for consumers
4.1.
All persons who, as consumers (B2C), submit a registration via the project page on the registration portal www.1000x1000.at have a 14-day right of withdrawal (= right of cancellation) based on the Austrian Distance and Foreign Selling Act. This period begins on the day the contract is concluded.
Exercise of the right of withdrawal
In order to exercise the right of withdrawal (=right of cancellation), a clear declaration (e.g. letter sent by post, e-mail) must be sent to:
Bergbahnen Fieberbrunn GmbH
Lindau 17
AT 6391 Fieberbrunn/Tirol
E-Mail: office@bbf.at
of the decision to withdraw from this contract. The buyer can use the model withdrawal form attached in the appendix, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If this contract is withdrawn, all payments made will be refunded immediately and at the latest within fourteen days of the day on which the notification of withdrawal from this contract was received. The same payment method that was used for the original transaction will be used for this repayment, unless expressly agreed otherwise. In no case costs will be charged for the repayment.
5. Risk notice, data protection, place of jurisdiction
5.1.
The purchase of packages involves a certain risk. In the worst case, the purchase price paid in advance may be partially or completely lost, especially if insolvency proceedings are opened against the company's assets.
5.2.
The data provided (name, address, telephone number, e-mail address, bank details, self-disclosure) are processed and stored by means of electronic data processing in compliance with the statutory provisions (GDPR - General Data Protection Regulation, TKG 2003 - Telecommunications Act).
The buyer agrees that his/her data will be electronically processed and stored and that he/she will receive further information by email/post until revoked. We expressly point out your rights (right to information, right to correction, right to deletion, right to restriction of processing, right to revocation of consent). For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, as well as revocation of any consent given or objection to a specific use of data, please contact datenschutz@innovation.at, Tel.: 0043 316919229, the user account and the electronic processing of the transaction on the platform www.1000x1000.at, or alternatively contact the data protection officer at Bergbahnen Fieberbrunn GmbH, who can be reached at office@bbf.at.
5.3.
The place of fulfilment and jurisdiction for all claims and legal disputes arising from the contractual relationship, including bill of exchange and document processes, is the local court responsible for the registered office of the Bergbahnen Fieberbrunn GmbH, unless another place of jurisdiction applies due to mandatory legal provisions. Austrian law shall apply as the legal standard.
6. Other regulations
6.1.
Should one or more terms of this contract be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining terms of this contract. In this case, the invalid or unenforceable term shall be replaced by a valid or enforceable term that comes as close as possible to the purpose of the invalid or unenforceable term. The same shall apply to any gaps in the regulations of this contract. The invalid term(s) shall be replaced by (a) term(s) that most closely reflects the intentions of the contracting parties.
6.2.
There are no verbal agreements in addition to this contract. Changes or additions must be done in writing. This shall also apply to any exception to the requirement of the written form.
Withdrawal form
(this form is not mandatory to use, see under contract point 4.1.)
To
Bergbahnen Fieberbrunn GmbH
Lindau 17
AT 6391 Fieberbrunn/Tirol
E-Mail: office@bbf.at
I herewith cancel the contract concluded by me for the purchase of ____________
ordered on _________________________
confirmation received on _________________________
name of the consumer _________________________
address of the consumer _________________________
signature
(only for communication on paper)
place, date: ________________________