Tourismus Region Klagenfurt am Wörthersee GmbH Online-Shop – General Terms and Conditions (AGB) with Consumer Information
Scope of application of the General Terms and Conditions
These General Terms and Conditions regulate the contractual relationship between you as a customer (customer) and the Tourismus Region Klagenfurt am Wörthersee GmbH (TRK) for all orders placed on the online booking platform visitklagenfurt.at. TRK reserves the right to change these GTC at any time without prior notice. The version at the time of booking is authoritative (application for conclusion of contract by the customer; see below).
Operator of the online shop and your contractual partner is:
Tourismus Region Klagenfurt am Wörthersee GmbH
Neuer Platz 59020 Klagenfurt
registered in the commercial register under FN 384373f, represented by the managing director Helmuth Micheler
VAT Identification No.: ATU 67484705
Phone no.: 0463 287 463-0
TRK as agent with collection mandate
The customer books shopping cart items on visitklagenfurt.at; for each of these items TRK acts as an agent with a collection mandate. The contracting party is the obligated / booked supplier or service provider. This is TRK itself only in the cases expressly described below (see TRK services below).
Offers on visitklagenfurt.at can be put together as single modules (hotel, shipping ticket, entrance fee etc.) to a complete stay tailored to the individual needs of the customer. TRK is not liable for the composition of the shopping basket and for the coordination of the individual items among each other (time, place, etc.). TRK is also not liable – unless it is the service provider itself – for the correct execution of the individual service or delivery. In this respect, the customer can only refer to the brokered contract with the direct provider (hotel, leisure facility, concert hall etc.) and the terms and conditions applicable there. The customer has to inform himself about these in a suitable way. TRK supports the customer with useful hints and cross-references in the appendix to these General Terms and Conditions. As far as the customer is made aware of such contractual provisions here or elsewhere on visitklagenfurt.at, this is only for information purposes; TRK is in no way obligated thereby.
General Terms and Conditions
General Terms and Conditions for visitklagenfurt.at
By accessing and using the site visitklagenfurt.at and thus also by using the online booking platform the customer accepts the general terms and conditions for visitklagenfurt.at (AVB).
In accordance with the GCS, TRK does not guarantee the permanence or unrestricted availability of the website and can therefore not be held liable for the consequences of interruptions in the booking process or the non-transmission of messages. Particular attention has been paid to the user-friendliness of the user interface. The customer is responsible for the correct operation of the website and in particular the sales platform. The customer is responsible for the consequences of operating errors.
Conclusion of contract, prepayment, e-mail correspondence
The booking platform is primarily intended for the European area (Austria, EEA countries, Switzerland, Great Britain). Access to the platform from outside this region is not guaranteed by TRK. The offers published by TRK do not constitute a contractual offer. If the customer orders the shopping cart on the TRK platform, this constitutes an application to conclude contracts in accordance with the individual shopping cart items. The customer is bound to his application for 24 hours. Within this period, TRK must reply to the e-mail address provided by the customer. During this period, TRK will check the availability of the advance payment (credit card coverage) and the definitive availability of the order items as soon as possible.
TRK notifies the customer by means of an advertisement on the website (success page) if the order process cannot be completed as requested and cancels the entire transaction (no acceptance). The rejection of the request always affects the entire shopping basket, even if only a single order item is the trigger for this. If payment and services are available, TRK concludes the individual contracts between service providers / suppliers and the customer step by step within the scope of its agency mandate. This is done by TRK sending the customer an order confirmation (acceptance of all shopping basket items) via an advertisement on the website (success page) and by e-mail and definitively debiting the advance payment.
TRK’s reaction to the customer’s request is deemed to have taken place as soon as the relevant data is transmitted to the Internet on TRK’s system. The time at which the e-mail arrives at the customer or the success page is displayed on the customer’s client is irrelevant. The customer is obliged to inquire at TRK about the whereabouts of the reply, if any, and the current order status can also be called up in the customer’s user account.
If customers from countries that are not listed during the payment process order a shopping cart from TRK, TRK will not be able to accept it, even if the automatic platform can be moved by the customer to the reactions described above. The contract is – if at all – only concluded upon delivery of the goods or actual use of the service.
The transmission of e-mail messages via public networks is asymmetrical and prone to faults, is unprotected and can be intercepted, read and modified by third parties. In addition to the content, the sender and recipient of the e-mail can also be identified by third parties. This also applies to e-mails that are used in communication with TRK. TRK is authorized by the customer to send him e-mails. TRK shall not be liable in any way whatsoever for damage resulting from the defective, disturbed or spied out transmission of an e-mail. These provisions shall apply analogously to other unprotected forms of communication which are comparable in their functionality and risk situation and which are used in the present or in the future.
Any messages sent to addresses (namely e-mail addresses) specified by the customer or previously successfully used in dealings with TRK shall be deemed to have been duly delivered. In the case of e-mails, the time of delivery is deemed to be the time of departure at TRK; in postal traffic it is assumed until proof to the contrary is furnished that letters with priority delivery were also delivered abroad no later than four days after posting at an Austrian post office.
Price, terms of payment
The price to be paid by the customer results from the total price displayed in the shopping basket in Euro (EUR). Unless expressly stated otherwise, it includes all surcharges, taxes and duties. In all prices the respective Austrian value added tax is taken into account. The total price depends on the individual design of the travel arrangement and can therefore deviate from the guide prices (“from EUR…” and information in foreign currencies). The prices can be subject to continuous changes. The customer must ensure that the shopping basket displayed to him is still current. After initiating the ordering process, the customer is shown a summary of his request. The prices contained therein are accepted by the system as unchangeable for 30 minutes, after which the customer must re-initiate the order process in the shopping basket for his own safety.
Contracts according to the individual shopping basket items are only concluded after automated advance payment has been made in accordance with the configuration of the online platform. As long as TRK has no confirmation of cover, it does not enter into the customer’s request. The customer and TRK shall bear all fees incurred by them as a result of the payment processing themselves.
Delivery of vouchers / e-tickets and rechargeable data carriers
The order confirmation is regarded as proof of the contracts concluded, but cannot be used as proof of entitlement to the service (voucher, e-Ticket ticket). A link on the order confirmation refers to the user account of the
Customers, where – depending on the product – they can download the necessary documents or load a data carrier. For ID cards that are part of a package, additional information may be required before printing, such as the exact date of travel and personal details for train tickets.
Eligibility will not be physically delivered. Vouchers, tickets, e-tickets must be printed by the customer for their intended use (print at home). Reproduction, alteration or reproduction of the subscription rights is prohibited.
In any case, the customer is responsible for protecting his subscription rights (vouchers) against theft or unauthorised reproduction. He must note that impersonal services are awarded to the first person to present the valid document. The subsequent proof that the person presenting the document is not the same as the customer is irrelevant for TRK or the service providers mediated by TRK.
The documents printed out by the customer as entitlement to purchase shall be dry, unsoiled, undamaged, wrinkled and in a legible condition. They may have a bar code that can be checked electronically. The documents may not be folded in the area of the bar code.
TRK has no influence on the structural measures, emission sources etc. in the vicinity of a described location and can therefore not assume any guarantees. In principle, TRK also has no influence on the origin of any tourists present, on the general service quality and the quality of the food in the local restaurants, on the organisation and execution of the announced events at the destination (unless TRK is the organiser) and on individual sports facilities (unless expressly part of the offer).
The services purchased with the order of the shopping basket cannot be cancelled or cancelled. Exceptions are made in the provisions governing individual contractual relationships. TRK recommends the conclusion of the travel cancellation insurance of the Europäische Reiseversicherung offered in the order conclusion. The corresponding customer information and general terms and conditions of the insurance company can be found in the appendix.
Packages (Package travel)
RK acts as the tour operator (package tour) for the packages that have been put together as a combination of several services such as excursions and overnight stays or overnight stays and shipping and have a total price. The general provisions above apply to the packages as a whole. The delivery of the entitlements (vouchers, tickets, etc.) is carried out separately for each of the individual service components. Hotel accommodation included in packages cannot be cancelled.
TRK makes every effort to ensure that the services included in the package can be provided. If TRK determines that a considerable part of the package cannot be provided (for example due to meteorological influences), TRK will try to offer the customer a replacement. If this is not successful, the customer can demand repayment of the advance payment to the extent of the reduction in performance.
– Directive (EU) 2015/2302 – (Package travel):
Tourismus Region Klagenfurt am Wörthersee GmbH
Neuer Platz 5 9020 Klagenfurt am Wörthersee, AT
Phone: (0043) 463 287 463
Ferstelgasse 6, A-1090 Wien
Tel: +43 1 361 9077 0
Key rights under Directive (EU) 2015/2302Travellers will receive all essential information about the package before concluding the package travel contract.There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.The organiser has to provide assistance if the traveller is in difficulty.If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Tourismus Region Klagenfurt am Wörthersee GmbH has taken out insolvency protection with TVA-Tourismusversicherungsagentur GmbH. Travellers may contact Ferstelgasse 6, A-1090 Wien, AT, Phone: +43 1 361 9077 0, Email: firstname.lastname@example.org if services are denied because of insolvency of Tourismus Region Klagenfurt am Wörthersee GmbH.Directive (EU) 2015/2302 as transposed into national law:
Events for which tickets can be purchased on visitklagenfurt.at are usually organized by a third party. The TRK is the mediator of the contract with the organizer (see appendix for details). In expressly declared cases, TRK itself is the organiser of the event. The following general provisions apply to these TRK events:
Tickets that do not meet the readability requirements are invalid. After leaving the event, they can only be used for re-entry if this is noted on the ticket or if the control personnel expressly confirms or orders this.
It is forbidden to bring beverages and food, professional sound recording, photographic and video equipment, dangerous objects such as glass bottles and aluminium cans, fireworks, weapons, sharp or pointed objects of any kind and animals to the event. If the Ticket Holder violates the instructions of the security services, the safety regulations, the seating instructions and the guidance of persons, the waste disposal concept, his Ticket shall lose its validity and he may be excluded from the current event and from further TRK events.
The event may be postponed or completely cancelled due to a unilateral declaration by TRK. In the event of a postponement, the ticket already purchased shall be valid for the postponement date; return or exchange shall be excluded. In the event of a cancellation, TRK will at the same time announce the modalities for reimbursement of the purchase price (nominal value). The customer must comply with this within three months after notification on visitklagenfurt.at. After that his claim for reimbursement expires.
TRK is only liable for the careful organisation of the event, as far as it is guilty of gross negligence. Liability for the quality of the content of the performance as well as for impairments or damage caused by other participants in the event is expressly excluded.
Music events can be loud. TRK recommends keeping the appropriate distance to the loudspeakers. Parents should pay special attention to hearing protection for children.
TRK may limit the number of tickets that may be issued to an individual customer. The customer is not permitted to use TRK’s publications and other event information or TRK’s trademarks and designations to resell purchased tickets. He may not use tickets for advertising or sales promotion on his own behalf (e.g. public raffles, inclusion in packages). Commercial trading of tickets is prohibited. They thereby lose their validity.
If, as an exception, the right or the possibility of cancellation, withdrawal or return of goods can be claimed as well as in case of impossibility of performance, the following shall apply subject to deviating mandatory statutory provisions: Already paid amounts will be refunded to the customer. Further claims of the customer, in particular claims for damages due to consequential damages and lost profits, are excluded.
Compensation for damages resulting from failure to properly fulfil a package tour (package) is limited to twice the package price, insofar as this is legally permissible.
TRK shall not be liable for damages in connection with excursions or events which the customer himself books during the execution of the trip “on site”. This shall also apply if the relevant documents are available in an attachment that can be assigned to TRK or are described on the website.
If the customer has cause for complaint during the trip, he must immediately notify TRK or the service provider thereof. In addition, the customer is obliged to do everything reasonable to help remedy the disruption and to keep possible damage to a minimum. Warranty claims of the customer shall in any case expire one year after the agreed end of the package tour or the time of provision of the service. Warranty claims cannot be assigned.
Applicable law and place of jurisdiction
Austrian law applies exclusively to the contractual relationships with the Tourismus Region Klagenfurt am Wörthersee GmbH and its customers (clients, buyers), including the question of the conclusion and validity of the contract. For the determination of the place of jurisdiction, the domicile of the relevant service provider or the Klagenfurt am Wörthersee Tourism Region shall be decisive.
Should individual or several provisions of these General Terms and Conditions be or become invalid or inadmissible in whole or in part, this shall not invalidate the entire contract. The invalid or inadmissible provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or inadmissible provision.
Appendix: Notes on the individual service providers
The customer enters into a contract (“Retail Hotel”) brokered by TRK with the hotels that can be placed as individual items in the shopping basket. Each hotel has its own contractual terms, which may be obtained from the hotel directly or via the website. However, TRK shall obligate all hotels vis-à-vis the customer to comply with the following standard cancellation conditions in accordance with the General Terms and Conditions of the Hotel Industry (AGBH) 2006. These shall apply subject to any other mutual agreement made directly with the hotel. In particular, the following terms and conditions shall apply if the hotel cancellation is made via TRK.
Extract from the AGBH 2006:
- §5 Withdrawal from the Accommodation Contract – Cancellation Fee
Withdrawal by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and if the down payment has not been made by the Party in due time, the Proprietor may withdraw from the Accommodation Agreement without notice.
5.2 If the guest does not arrive by 6 p.m. on the agreed arrival day, there shall be no obligation to accommodate unless a later arrival time has been agreed.
5.3 If the Party has made a down payment (see 3.3), the premises shall remain reserved until 12.00 noon of the day following the agreed day of arrival at the latest. In the event of advance payment of more than four days, the obligation to accommodate shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the first day, unless the guest announces a later day of arrival.
5.4 The Accommodation Agreement may be terminated by the Proprietor for objectively justified reasons up to 3 months before the agreed date of arrival of the Party at the latest, unless otherwise agreed, by unilateral declaration. Withdrawal by the contractual partner – Cancellation fee
5.5 The Accommodation Contract may be terminated by the Party unilaterally without payment of a cancellation fee up to 3 months before the agreed date of arrival of the Guest at the latest.
5.6 Outside the period specified in § 5.5, a withdrawal by unilateral declaration by the Party is only possible upon payment of the following cancellation fees:
– up to 1 month before the day of arrival 40% of the total package price;
– up to 1 week before the day of arrival 70 % of the total package price;
– 90 % of the total package price in the last week before the day of arrival.
|until 3 months||3 months until 1 month||1 month until 1 week||Last week|
|no cancellation fee||40%||70%||90%|
The prices for hotels are set by the establishment without the involvement of TRK. Local taxes and duties are included in any case. The hotel is obliged to accept the TRK voucher as proof of reservation. Extras such as minibar, room service, parking fees etc. will be charged separately. The customer is advised to check in for extras and their prices at check-in.
The TRK is mediator of the lease with the holiday apartment landlord. It is responsible for the proper reservation of the holiday apartment on site. The local and overnight tax is to be paid by the customer locally additionally directly to the holiday flat landlord.
The customer concludes his rental contract directly with the holiday apartment landlord. The tenant is liable for the condition of the holiday home suitable for use, unless he can prove that he is not at fault. The rental objects may be occupied by no more than the number of persons specified on the contract. For damages caused by the customer, the customer must pay in full. They must be reported to the owner or his representative before departure.
General terms and conditions
The detailed general terms and conditions for accommodation and the hotel industry – unless otherwise stated in the booking system of Tourismus Region Klagenfurt a.W. GmbH – can be found on our website.
you can find the detailed and – if not differently – deposited general terms and conditions for accommodation and hotel business HERE: https://www.wko.at/branchen/tourismus-freizeitwirtschaft/hotellerie/Allgemeine_Geschaeftsbedingungen_fuer_die_Hotellerie_(AGBH).html
TRK is exhibitor of the Voucher. It acts thereby as a mediator for the W?rthersee navigation. The conditions of carriage of the Wörthersee Schifffahrt apply.
Event, concert and theatre tickets
The TRK is – if it does not expressly act as organizer – the agent of the ticket. The customer concludes his contract directly with the organizer. The latter has his own contractual provisions, which he publishes himself or which can be requested directly from him.
Event, concert and theatre tickets can neither be returned nor exchanged by TRK. If an event has to be cancelled or postponed, the regulations and modalities of the organizer apply. The tickets remain valid for any replacement event (postponement date). Return or exchange are excluded unless otherwise stated by the organizer.
As an agent, TRK has no influence whatsoever on the quality, the manner in which the event is carried out or on the personal guidance and safety concepts. If necessary, these must be obtained directly from the organiser. TRK cannot give any guarantees for the organisation and excludes any liability for defects in this respect.
TRK is exhibitor of the Voucher. It acts thereby as a mediator for the tourism federation Klagenfurt at the Wörthersee, which is operator of the city parish tower. The safety regulations of the city parish tower in the staircase area apply. The inspection of the Stadtpfarrturm takes place at one’s own risk. The operator assumes no responsibility and liability for accidents and damage caused by visitors. There is a strict ban on alcohol and smoking in the entire area of the city parish tower. Do not throw any objects from the tower! Violations will be prosecuted! Parents are liable for their children!
Hotel Cancellation Plus Europäische Reiseversicherung
You can find all information about the travel cancellation insurance of our partner, the Europische Reiseversicherung, here:
GENERAL CONTRACT CONDITIONS (AVB)
Tourismus Region Klagenfurt am Wörthersee GmbH with stand 01.11.2017
- Overview of services and procedures
a.) The operator itself is the licensee of the Internet-based online booking system “deskline” of the Feratel Group. The system is integrated into various Internet portals, initially the region www.visitklagenfurt.at, the www.kaernten.at, and there are also cooperations with other (third-party) Internet sales portals, so-called “channels”. This provides a basis for offering tourism guests (but also groups or tour operators) tourist services online via the Internet:
- Online room enquiry based on the data provided by the accommodation provider, which is forwarded by deskline directly to the accommodation provider; the accommodation provider processes the enquiry in direct correspondence (outside deskline) with the guest himself. – The operator is the “agent”, the service provider towards the guest and his sole contractual partner is the accommodation provider.
- Online booking of rooms and services on the basis of the data entered by the Proprietor, i.e. fully automatic booking, issue of booking confirmations to the Guest and Proprietor, as well as collection of the Guest’s credit card data and collection of the amount in accordance with the respective conditions; cancellation processing in accordance with the respective conditions. – Final settlement with the guest and settlement of cancellation costs after delayed withdrawal from the contract is carried out by the accommodation company itself. – The operator is the “agent”, the service provider towards the guest and his sole contractual partner is the hotelier. The contractual basis for the guest and the accommodation provider are also the AGHB 2006.
- Online travel package bookings on the basis of the data entered by the operator or the packages created independently by the customer, i.e. fully automatic booking, issue of booking confirmations to the guest and complete payment processing of the package services with the guest by the operator. Accommodation providers act as subcontractors of the operator – the operator is the tour operator and thus the service provider towards the guest and his contractual partner for the package services. The contractual basis for guest and operator as tour operator are also the ARB 1992.
The operator makes the electronic basis available so that the connected contractual partner can market his service via the Internet cost-effectively and without great effort of his own. This does not guarantee occupancy.
b.) The Proprietor shall also be granted access to the deskline system via its existing access to the Operator’s online platform, or it shall receive corresponding access information. He is then entitled to place his offers in the booking system (deskline WebClient) (with gross prices and per person and night, in accordance with the transparency requirement for consumers) and the booking periods including description and photos of the company. The system provides the accommodation provider with the corresponding standard settings (which can be changed individually at any time) and selectable equipment symbols. The data must be entered and maintained by the accommodation provider himself. This system also provides him with the corresponding information in the “Online room enquiry” and “Online room booking” options, so that constant maintenance and monitoring of the system is recommended.
c.) The contractual basis for online room bookings are the “General Terms and Conditions for the Hotel Industry” (AGHB), which must be presented to and accepted by the guest within the framework of the booking process. The rights of the guest to cancel a contract with a provider are regulated in point 3 of the AGBH 2006.
d.) The operator enables the tourist guest via “deskline” to get in touch with the accommodation providers and to conclude contracts via the booking system. A contract between the respective guest and the respective accommodation provider by means of the booking system is concluded by the guest sending a booking (clicking on the field marked “Book” in the booking system) upon receipt of the automatically generated electronic booking confirmation (appearing on the guest’s screen).
e.) If necessary, the guest will be offered the opportunity to take out travel cancellation insurance with the insurance company authorised by the operator when concluding a contract with an accommodation provider on the basis of the General Insurance Conditions.
- obligations of the operator
a.) The operator is liable for the availability of the booking platform with the exception of the usual maintenance windows for the optimisation of the system and within the framework of the availability of the Internet; he is liable for the complete and immediate forwarding of the online room enquiry and the online room booking to the e-mail address specified by the accommodation provider and, if applicable, collection of the down payment from the guest’s credit card account. The operator shall inform the accommodation provider appropriately of any changes in the system.
b.) The operator is not liable for the correctness, completeness and reliability of third-party content in the booking system, in particular the information on the individual hotels; he is not liable for any damage or consequential damage in connection with loss of data.
Data manipulation or incorrect transmission of data, which is caused by a failure, restrictions or misuse of the booking system by third parties, or for incorrect bookings by the guest.
c.) The liability of the operator for slight negligence (except for personal injury) as well as for consequential damage and loss of profit is generally excluded. Furthermore, the operator is not liable for force majeure. The compensation for loss of use of the system is limited to € 10,- per week, but not more than € 300,- in total.
III. obligations of the accommodation provider
a.) The Proprietor is obliged to maintain its data regularly and is responsible for data maintenance in the WebClient. The Proprietor shall also be responsible for its data even if it cannot carry out maintenance independently for technical reasons. The Proprietor undertakes to accept the bookings made in accordance with its online offer. Any information and spelling errors in the data maintenance shall be borne by the Proprietor and shall not entitle the Proprietor to refuse or revoke the booking.
b.) The hotelier commits himself to the principle of favourability, i.e. he always offers at least the same favourable prices for the guest, which he also demands on other online booking possibilities and/or on his own homepage for the comparable service at the same booking time.
c.) Misleading, incorrect details (e.g. classification, equipment, location, photos) or details of the accommodation which violate the law (e.g. copyright infringement due to unauthorised publication of pictures!) may result in claims for damages. The Proprietor shall indemnify the Operator against all claims of third parties resulting from information provided or entered by the Proprietor.
d.) The hotelier will, in his own interest and in accordance with the principle of the truth of the prospectus and with knowledge of the possible claims of the guest, maintain the most accurate and current description of the operation possible.
- Data protection
The operator processes the personal data of the requesting or booking guest on the basis of the Data Protection Act 2000 (DSG 2000). The operator processes the personal data collected from the guest (name, address, e-mail address, telephone number, data for payment processing) exclusively to the extent necessary for the booking. The operator is entitled to transmit the collected personal data to the accommodation providers, insofar as this is necessary in each case to process requests for information, reservation requests and bookings.
Tourismusregion Klagenfurt am Wörthersee GmbH, FN 384373 f,
Neuer Platz 5
9020 Klagenfurt am Wörthersee
Tel.: 0463/287 463-0
FAX: 0463/287 463-33
- place of jurisdiction (AGBH 2006) All disputes from and in connection with the agreement are subject to Austrian law. For all disputes the regional court in Klagenfurt is responsible.
General travel conditions (ARB 1992)
Adaptation to the Amendment to the Consumer Protection Act BGBl. 247/93 and to the Warranty Law Amendment Act, BGBI. I No. 48/2001
In the Consumer Policy Advisory Board of the Federal Minister for Health, Sport and Consumer Protection, they jointly advise on the exercise regulations for the travel agency industry (now § 6, pursuant to BGBl. II No. 401/98) in accordance with § 73 (1) GewO 1994 and § 8 of the Regulation of the Federal Minister for Economic Affairs in the 1994 version.
The travel agency may act as an agent (Section A) and/or as a tour operator (Section B).
The agent assumes the obligation to endeavour to obtain a claim for the services of others (tour operator, transport company, hotelier, etc.).
An organiser is a company which either offers several tourist services at a flat rate (package tour/travel event) or promises to provide individual tourist services as its own services and generally provides its own brochures, tenders etc. for this purpose.
A company that acts as a tour operator can also act as an intermediary if external services are brokered (e.g. an optional excursion at the holiday resort), provided that it refers to this intermediary function.
The following conditions represent the contract text for which travel agencies usually conclude contracts with their customers/travellers as agents (section A) or as tour operators (section B).
The special conditions
- the brokered tour operators, – the brokered transport companies (e.g. train, bus, plane and ship) and – the other brokered service providers
- THE TRAVEL AGENCY AS INTERMEDIARY
The following terms and conditions form the basis of the contract (agency agreement) concluded by the customer with an agent.
- booking/conclusion of contract
The booking can be made in writing or (remotely) orally. (Tele)oral bookings should be confirmed by the travel agency immediately in writing.
Travel agencies should use booking slips which contain all essential information about the customer’s order with reference to the travel advertisement on which the booking is based (catalogue, brochure, etc.).
With regard to his own performance and the performance of the tour operator mediated by him, the agent must refer to the GENERAL TERMS AND CONDITIONS for Travel Agencies in accordance with § 6 of the Regulations for the Exercise of Travel Agency Services, draw attention to any deviating travel conditions and in this case hand them over prior to conclusion of the contract.
Insofar as services of foreign entrepreneurs (service providers, tour operators) are brokered, foreign law may also apply.
The person who makes a booking for himself or for third parties is thus deemed to be the client and, in the absence of any other declaration to the contrary, assumes the obligations arising from the placing of the order vis-à-vis the travel agency (payments, withdrawal from the contract, etc.).
At the time of booking, the travel agency may demand a processing fee and a (minimum) deposit. The remaining payment and the reimbursement of cash expenses (telephone charges, telex costs, etc.) are due when the travel documents (not personal documents) of the respective tour operator or service provider are handed over to the travel agency.
Travel companies that accept bookings are obliged to send the traveller a confirmation of the travel contract (travel confirmation) at or immediately after conclusion of the contract.
- information and other ancillary services
2.1. information on passport, visa, currency, customs and health regulations
It is assumed that a valid passport is generally required for travel abroad.
The travel agency has to inform the customer about the respective foreign passport, visa and health-policy entry regulations as well as foreign exchange and customs regulations on request, as far as these can be learned in Austria. In all other respects, the customer is responsible for compliance with these regulations. If possible, the travel agency will procure any necessary visa for a fee.
On request, the travel agency will provide information on special regulations for foreigners, stateless persons and holders of dual citizenships.
2.2 Information about the travel service
The travel agency is obliged to present the services of the tour operator or service provider to be brokered to the best of its knowledge, taking into account the particularities of the contract brokered in each case and the circumstances of the respective destination country or place.
- legal status and liability
The liability of the travel agency extends to
- the careful selection of the respective organizer and/or service provider as well as the careful evaluation of gained experiences;
- the flawless provision of services including appropriate information for the customer and delivery of travel documents;
- the verifiable forwarding of advertisements, declarations of intent and payments between the customer and the brokered company and vice versa (e.g. changes to the agreed service and price, declarations of withdrawal, complaints).
The travel agency shall not be liable for the provision of the service it procures or procures. With the travel confirmation, the travel company must inform the customer of the company name (product name), the address of the tour operator and, if applicable, of an insurer, unless this information can already be found in the brochure, catalogue or other detailed advertising material. If it fails to do so, it shall be liable to the customer as the organiser or service provider.
- service disruptions
If the travel agency violates the obligations incumbent upon it under the contractual relationship, it shall be obliged to compensate the customer for the resulting damage unless it proves that it was not guilty of intent or gross negligence.
For breaches of contract due to minor fault, the travel agency is obliged to compensate the customer for any resulting damage up to the amount of the commission of the brokered transaction.
- THE TRAVEL AGENCY AS ORGANISER
The following conditions are the basis of the contract – hereinafter referred to as the travel contract – which the person booking concludes with an organiser either directly or with the use of an intermediary. In the case of a direct booking, the obligations of the agent shall apply mutatis mutandis to the Tour Operator.
The Tour Operator generally acknowledges the GENERAL TRAVEL CONDITIONS in question; deviations are indicated in all his detailed advertising documents in accordance with § 6 of the exercise regulations.
- booking/conclusion of contract
The travel contract is concluded between the booking party and the tour operator if there is agreement on the essential contract components (price, service and date). This results in rights and obligations for the customer.
- change in the person of the travel participant
A change in the person of the traveller is possible if the substitute meets all the conditions for participation and can take place in two ways.
2.1 Assignment of the right to travel services
The obligations of the person booking from the travel contract remain valid if he assigns all or individual claims from this contract to a third party. In this case, the customer shall bear the resulting additional costs.
2.2 Transfer of the tour event
If the customer is prevented from starting the tour, he can transfer the contractual relationship to another person. The transfer must be notified to the tour operator either directly or via the intermediary within a reasonable period before the departure date. The tour operator may announce a specific deadline in advance. The transferor and the purchaser are liable for the outstanding payment and, if applicable, for the additional costs incurred as a result of the transfer.
- content of the contract, information and other ancillary services
In addition to the information obligations applicable to the intermediary (i.e. information on passport, visa, foreign exchange, customs and health entry regulations), the organiser must provide sufficient information about the service he offers. The descriptions of services in the catalogue or brochure valid at the time of booking and the other information contained therein are the subject of the travel contract, unless otherwise agreed at the time of booking. However, it is recommended that such agreements be recorded in writing.
- travel with special risks
In the case of trips with special risks (e.g. expedition character) the organiser is not liable for the consequences arising in the course of the occurrence of the risks if this occurs outside his area of responsibility.
The tour operator’s obligation to carefully prepare the trip and to carefully select the persons and companies entrusted with the provision of the individual travel services remains unaffected.
- legal basis in case of service disruptions
The customer has a warranty claim in the event of non-performance or defective performance.
The customer agrees that the organizer will provide him with a defect-free service or improve the deficient service within a reasonable period of time instead of his claim to rescission or price reduction. Remedial action can be taken in such a way that the defect is remedied or an equivalent or higher-value replacement service is provided, which is also expressly approved by the customer.
5.2 Compensation for damages
If the organiser or his assistants culpably violate the obligations incumbent on the organiser under the contractual relationship, the organiser shall be obliged to compensate the customer for the resulting damage.
If the tour operator is responsible for persons other than his employees, he is only liable – except in cases of personal injury – if he does not prove that they are neither intentional nor grossly negligent.
Except in cases of intent and gross negligence, the tour operator shall not be liable for objects which are not usually taken along, unless he has taken them into custody with knowledge of the circumstances.
It is therefore recommended to the customer not to take any objects of special value with him. Furthermore, it is recommended that the objects taken along are properly stored.
5.3 Notification of defects
The customer must immediately notify a representative of the organiser of any defect in the fulfilment of the contract which he discovers during the trip. This presupposes that such a representative has been notified to him and that he can be reached on the spot without considerable effort. The omission of this notification does not alter the warranty claims of the customer as described under 5.1. However, it can be credited to the customer as contributory negligence and to this extent reduce his possible claims for damages. However, the organizer must have informed the customer in writing either directly or via the intermediary of this obligation to notify. Likewise, the customer must have been informed at the same time that failure to give notice does not affect his warranty claims, but that it can be taken into account as contributory negligence.
In the absence of a local representative, it may be advisable to either inform the respective service provider (e.g. hotel, airline) or directly the organiser of any defects and demand remedy.
5.4 Special liability laws
In the case of air travel, the organiser is liable in accordance with the Warsaw Convention and its Additional Convention, among other things, and in the case of rail and bus travel in accordance with the Railway and Motor Vehicle Liability Act.
- assertion of possible claims
In order to facilitate the assertion of claims, it is recommended that the customer obtain written confirmation of the non-performance or defective performance of services or secure evidence, evidence or witnesses.
Warranty claims of consumers can be asserted within 2 years.
Claims for damages expire after 3 years.
It is recommended in the interest of the traveller to assert claims immediately after return from the trip directly with the tour operator or through the intermediary of the travel agency, since increasing delay with difficulties of proof is to be expected.
- withdrawal from the contract
7.1 Cancellation by the customer before commencement of the journey
- a) Withdrawal without cancellation fee
Apart from the rights of withdrawal granted by law, the customer may withdraw from the contract without the organizer having any claims against him in the following cases occurring before the start of the service:
If essential parts of the contract, including the travel price, are substantially changed.
In any case, the frustration of the stipulated purpose or character of the travel event, as well as an increase of the agreed travel price by more than 10 percent in accordance with Section 8.1, shall be such a change in the contract.
The Tour Operator is obliged, either directly or through the intermediary travel agency, to declare the contract change to the customer without delay and to inform the customer of the existing option either to accept the contract change or to withdraw from the contract; the customer must exercise his right to choose without delay.
If the organizer is to blame for the occurrence of the event entitling the customer to withdraw, the organizer is obliged to pay compensation to the customer.
- b) Claim for compensation
The customer can, if he does not make use of the cancellation possibilities according to lit. a and if the tour operator cancels the contract through no fault of the customer, instead of rescinding the contract, demand its fulfilment by participating in another equivalent tour event, provided that the tour operator is in a position to provide this service.
In addition to the right to choose, the customer shall also be entitled to claim damages for non-performance of the contract, unless the cases of 7.2. apply.
- c) Withdrawal with cancellation fee
The cancellation fee is a percentage of the tour price and is based on the amount at the time of cancellation and the type of tour in question. The total price of the contractually agreed service is to be understood as the travel price or package price.
The customer is entitled to withdraw from the contract against payment of a cancellation fee in all cases not mentioned under a). In case of inappropriateness
the cancellation fee can be moderated by the court.
Depending on the type of trip, the following cancellation rates apply per person:
- special flights (charter), group IT (scheduled group package tours), coach company tours (multi-day tours)
from 29th to 20th day before departure…………………………… 25%.
from the 19th to the 10th day before departure…………………… 50%.
from the 3rd day (72 hours) before departure…………………… 85%
of the travel price.
- individual IT (individual package tours on regular services), rail company tours (except special trains)
from 29th to 20th day before departure………………………………. 15%.
from the 19th to the 10th day before departure…………………. 20%.
from the 3rd day (72 hours) before departure…………………… 45%
of the travel price.
Special conditions apply to hotel accommodation, holiday apartments, boat trips, one-day bus trips, special trains and scheduled flights at special fares. These are to be listed in the detailed programme.
In the event of withdrawal from the contract, the following must be observed:
The customer (client) can inform the travel agency where the trip was booked at any time that he wishes to withdraw from the contract. In the event of cancellation, it is advisable to do so – by registered letter or – personally with simultaneous written declaration.
- d) no-show
No-show occurs when the customer fails to leave the country because he lacks the will to travel or if he fails to leave the country due to negligence or chance. If it is further clarified that the customer cannot or will no longer make use of the remaining travel services, he shall pay 85 per cent of the travel price in the case of types of travel in accordance with lit. c 1 (special flights, etc.) and 45 per cent in the case of types of travel in accordance with lit. c 2 (individual IT, etc.).
In case of inappropriateness of the above mentioned rates, they can be moderated by the court in individual cases.
7.2 Cancellation by the Organiser before the start of the trip
- a) The organiser shall be released from fulfilment of the contract if a minimum number of participants specified in the invitation to tender is not reached from the outset and the customer has been notified in writing of the cancellation within the periods specified in the description of the tour event or within the following periods:
- up to the 20th day before the start of the trip for trips of more than 6 days, – up to the 7th day before the start of the trip for trips of 2 to 6 days, – up to 48 hours before the start of the trip for day trips.
If the organizer is at fault for not reaching the minimum number of participants beyond the slight negligence, the customer can claim damages; this is lump-sum with the amount of the cancellation fee. The assertion of a claim for damages exceeding this amount is not excluded.
- b) Cancellation is due to force majeure, i.e. due to unusual and unforeseeable events over which the person invoking force majeure has no control and the consequences of which could not have been avoided despite exercising due care. However, this shall not include overbooking, but shall include government orders, strikes, war or warlike conditions, epidemics, natural disasters, etc.
- c) In cases a) and b), the customer shall be reimbursed the amount paid. The right of choice according to 7.1.b, 1st paragraph applies.
7.3 Cancellation by the Organiser after commencement of the journey
The organiser shall be released from the performance of the contract if the customer, within the framework of a group trip, permanently disturbs the performance of the trip by grossly improper conduct, irrespective of a warning.
In this case, the customer is obligated to compensate the organizer for the damage if he is at fault.
- changes of the contract
8.1 Price changes
The tour operator reserves the right to increase the tour price confirmed with the booking for reasons that do not depend on the tour operator’s will, provided that the tour date is more than two months after the conclusion of the contract. Such reasons are exclusively changes in transport costs, such as fuel costs, charges for certain services, such as landing fees, embarkation or disembarkation fees in ports and corresponding fees at airports, or the exchange rates applicable to the tour in question.
In the event of a price reduction for these reasons, this must be passed on to the traveller.
Price increases can only be made within the two-month period if the reasons for them were negotiated in detail when the booking was made and noted on the booking slip.
From the 20th day before the date of departure there will be no price change.
A price change is only permissible if the agreed prerequisites are met and the new price is calculated precisely. Price changes and their circumstances are to be explained to the customer immediately.
If the travel price changes by more than 10 percent, the customer may withdraw from the contract without a cancellation fee (see Section 7.1.a.).
8.2 Changes in services after commencement of the journey
- In the case of changes for which the Organiser is responsible, the provisions set out in Section 5 (Legal basis in the event of a default in performance) shall apply.
- If, after departure, it turns out that a considerable part of the contractually agreed services is not provided or cannot be provided, the Organizer shall take appropriate precautions at no additional charge so that the tour can continue. If such precautions cannot be taken or if they are not accepted by the customer for valid reasons, the organiser shall, if necessary, provide an equivalent means of transporting the customer to the place of departure or to another place agreed with the customer without additional payment. Furthermore, in the event of non-fulfilment or defective fulfilment of the contract, the organiser is obliged to assist the customer to the best of his ability in overcoming difficulties.
- provision of information to third parties
Information on the names of tour participants and the whereabouts of travellers will not be provided to third parties, even in urgent cases, unless the traveller has expressly requested such information. The costs arising from the transmission of urgent messages shall be borne by the customer. It is therefore recommended that travelers provide their relatives with the exact holiday address.
- general information
Sections 7.1. lit. c, formerly lit. b (withdrawal), 7.1. lit. d, formerly lit. c (no-show) and 8.1. (price changes) listed under B are non-binding association recommendations under 1 Kt 718/91-3 and are now entered in the cartel register as such under 25 Kt 793/96-3.