Österreich Werbung (the Austrian National Tourist Office) maintains an image database with numerous images that serves to promote Austria as a tourist destination.
Österreich Werbung not only maintains its image database for its own advertising productions, but also makes this material available to other interested parties in accordance with these General Terms and Conditions for their purposes – provided they do not conflict with Österreich Werbung's aims. Österreich Werbung’s purpose is to promote tourism in Austria and to represent the interests of the federal provinces in the field of tourism.
When images from this image database are made available, these General Terms and Conditions in the version of [November 2022], which can be accessed at https://views.austria.info/de/agb_komm_de.html, are deemed to have been agreed. Deviations from these General Terms and Conditions or the agreed Permission to Use the Image are only possible if they have been expressly agreed in writing with Österreich Werbung for each individual case.
The currently available Österreich Werbung images are stored on the Internet at the address www.views.austria.info and can be viewed and selected there.
Depending on the target group for which you register, different images will be activated for you. You are responsible for ensuring that you have specified the target group correctly (differentiated by profession or industry).
The target group "touristic users" includes businesses in the Austrian hotel and catering industry, transport operators (railways, bus lines, shipping, airlines, etc), Austrian tourism organisations, travel agencies and tour operators, tour guides, tourist guides, advertising agencies for clients involved in tourism.
Within the scope of the type of use available for the individual photographic image in each case, the target group "touristic users" may use the photographic material to advertise and promote the reputation of Austrian tourism destinations (image advertising, advertising for Austrian tourism businesses).
The target group " press/media and other non-commercial users" includes reports about Austria in and by print and online media (newspapers, magazines, no books!), in and by television and radio, and non-profit organisations, schools, universities, adult education institutions, Austrian and EU authorities, congress, conference, and incentive organisers.
Within the scope of the type of use available for the individual photographic image in each case, the target group "press/media and other non-commercial users" may use the images to advertise and promote the reputation of Austrian tourism destinations. In the case of journalistic use, only use in connection with the tourism destination Austria is permitted, but not use in connection with other topics.
The target group "commercial non-touristic users" includes, for example, advertising agencies for clients outside the tourism industry, companies outside the tourism industry, PR agencies, and publishers of postcards, books or travel guides.
The target group "commercial non-touristic users" can separately request the use of images for a fee for use outside the Austrian tourism sector and without connection to Austria as a tourism destination.
Users in the target groups "Touristic users" and "Press/Media and other non-commercial users" can download the desired images free of charge and receive permission to use the material when downloading them.
The Permission to Use the Images issued by Österreich Werbung with each download is proof that you may use the image material you download for the agreed purpose in accordance with these General Terms and Conditions.
Users of the target group "commercial non-touristic users” can order the desired images provided for their target group in the image database for a fee.
Österreich Werbung is at liberty to refuse orders without giving reasons or to further restrict the Permission to Use the Images (points 4., 5.).
Österreich Werbung will be happy to inform you about the applicable prices for using the material or any costs for making it available and the modalities of the Permission to Use the Images.
Please note the restrictions stated in these General Terms and Conditions with regard to the use of the downloaded/ordered material. Any further use of the material is not permitted:
The Permission to Use the Images to be granted in writing by Österreich Werbung will only be valid for a specific period of time and limited to a single use exclusively for the agreed purpose. Unless otherwise agreed in writing, the time limit will be one year from the date of download or provision of the images, whereby the date of the download or the date of the delivery note/invoice issued by Österreich Werbung / its agent will be decisive. If the permission to use is not utilised within this year, it will automatically expire.
The transfer or sub-licensing of the Permission to Use the Images to third parties is expressly excluded unless Österreich Werbung has given its express written consent in this respect.
The visual material may not be used for any purpose contrary to the purpose of Österreich Werbung. In particular, the visual material may not be used in connection with anti-democratic, racist or sexual content, political parties or political content, NGOs or in an unlawful manner. Using the image material in a way that damages the reputation of Austria and its tourism is also expressly prohibited by Österreich Werbung.
Furthermore, the photographic material may not be used to promote travel destinations other than Austria.
Furthermore, the photographic material may not be printed on objects of any kind (e.g. promotional gifts, merchandising products, souvenirs).
You undertake to use the photographic material in question exclusively for the types of use specified in the image database for the respective photographic material.
Österreich Werbung holds copyright exploitation rights to photographs in the image database that are marked “© Österreich Werbung”.
The copyright exploitation rights to all other images, especially reproductions of works of art, are generally held by the collection that owns the original. These images are marked with the explicit note “Keine kommerzielle Werbung [No commercial advertising]”.
Images whose copyright is not held by Österreich Werbung may only be used for non commercial purposes and only with the consent of the respective collection or institution. If you wish to use such images for commercial purposes, the rights can only be acquired directly from the respective collection or institution. We are happy to provide you with the respective contact persons.
You undertake to label the image material in accordance with copyright law. For more details see point 9. – Picture credits.
After using photographic material, as stipulated in the Permission to Use the Images, you are obliged to send Österreich Werbung at least two free specimen copies at your expense after reprinting or otherwise using one or more images.
The photographic material may only be used in a tourism context and in connection with the destination to be advertised. None of the images may be used for commercial advertising projects outside of direct image advertising for travel to Austria and advertising for businesses involved in Austrian tourism without the written and separate permission of Österreich Werbung, and especially not for advertising products, merchandise, or services outside the Austrian tourism industry.
In case the images show objects or signs protected by intellectual property laws (in particular according to trademark or design law), the user must reach an agreement with the respective entitled party.
Images with persons, in which individual persons make up the main part of the picture, may only be used for purposes of promoting Austrian tourism. This also applies if the user has not been specifically informed of this restriction.
The same applies to images of the Spanish Riding School in Vienna, Vienna Boys’ Choir, Vienna Philharmonic Orchestra, various orchestras and music ensembles, etc. These images are additionally marked “KEINE KOMMERZIELLE WERBUNG” [NO COMMERCIAL ADVERTISING]”.
Use in films or on posters is also subject to separate authorisation.
The photographic material may only be used once the agreed fee has been received by Österreich Werbung and a corresponding written confirmation has been received from Österreich Werbung.
If the images are subject to deviating license conditions that exclude the applicability of the present terms and conditions, the deviating license conditions shall apply exclusively. (A reference to such deviating license conditions can be seen in the image database next to the image concerned).
Texts may be used free of charge by all media archive users. Texts may also be adapted or used in extracts. Proof of copyright is not required.
Whenever photographic material from the Österreich Werbung image database is used, the rights holder must be named as the image source and the name of the photographer must be added by a slash. See the examples in point 9.b.
Credit must be given in such a way that the description can be easily attributed to the image in question when it is viewed. Anyone who fails to provide a picture credit can expect the immediate revocation of the Permission to Use the Images – and not just the image(s) in question – and is liable for all damages incurred by Österreich Werbung due to the failure to provide the correct picture credit.
In the bottom right corner of the image, for example, it says photograph: "© Österreich Werbung / Gerhard Weinkirn".
Or in the case of a reproduction of a work of art, e.g. photo: "© Kunsthistorisches Museum, Vienna".
If the picture credits are not directly in or next to the picture, but on a separate copyright page in a printed work, the exact placement of the corresponding picture must be indicated there. A list of photographers without such indication (e.g. photos of A, B, C and D) is insufficient. The copyright holder and the name of the photographer can be found in the data description of each respective image.
If the copyright notice and/or the name of the author/photographer is not visible, please ask Österreich Werbung for it. The absence of the name in the file description does not release you from the obligation to provide correct and complete picture credits.
Österreich Werbung is entitled to revoke or restrict the Permission to Use the Images at any time without giving reasons. Österreich Werbung will refund any payment made when doing this.
The liability and warranty of Österreich Werbung is limited to the existence of the granted permission to use the downloaded/ordered images. Any further liability and warranty is excluded. Österreich Werbung is only liable to the user for gross negligence and intent. In particular, claims for consequential damages, loss of profit, etc. are excluded.
If the rights of Österreich Werbung are infringed by use of the photographic material that is contrary to these General Terms and Conditions, the granted Permission to Use the Images or other agreements in this respect, Österreich Werbung may take legal action against you.
You further undertake to fully indemnify and hold harmless Österreich Werbung for any and all damages incurred by Österreich Werbung as a result of your breach of these General Terms and Conditions and the Permission to Use the Images or if third parties assert a claim regarding an infringement of their rights due to your use of the images in breach of these General Terms and Conditions and the Permission to Use the Images, including the costs of legal defence and/or prosecution, and pledge to support Österreich Werbung if third party rights are asserted.
Austrian law will apply excluding all conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The Commercial Court of Vienna is agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions.
However, in the event that the user is domiciled or habitually resident in a country in which judgments of the ordinary courts of the Republic of Austria are not enforceable, the jurisdiction of an arbitral tribunal in accordance with the rules of the ICC is agreed for all disputes arising from or in connection with these General Terms and Conditions. Austrian law applies to the exclusion of all conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The seat of the arbitral tribunal will be Vienna and the language of the proceedings German. The ICC Court of Arbitration will make its decision through three arbitrators. The claimant will nominate one arbitrator in the arbitration request. The respondent must nominate an arbitrator within a period of 30 days from the date on which the Request for Arbitration is served. The arbitrators so appointed must appoint a third arbitrator within a period of 30 days after the appointment of the second arbitrator. The third arbitrator will preside. If only one of the arbitrators is not appointed within the agreed period, the President of the Vienna Bar Association [Rechtsanwaltskammer Wien] will make the appointment.
Should any provision of these General Terms and Conditions be or become legally invalid or unenforceable in whole or in part, this will not affect the legal validity of the other provisions. The legally invalid or unenforceable provision will be replaced by a valid and enforceable provision which comes as close as possible to the content and purpose of the legally invalid or unenforceable provision.