General Conditions of Travel (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
Jointly advised in the Consumer Policy Advisory Board of the Federal Minister of Health, Sports and Consumer Protection in accordance with § 73 para. 1 GewO 1994 and § 8 of the Ordinance of the Federal Minister for Economic Affairs in the 1994 version on the regulations for the travel agency business (now § 6, in accordance with Federal Law Gazette II No. 401/98).
The travel agency may act as an intermediary (section A) and/or as an organizer (section B) occur.
The intermediary assumes the obligation to make efforts to procure a claim to services of others (organizer, transport company, hotelier, etc.).
The organizer is the company that either offers several tourist services at a package price (package tour/travel event) or promises to provide individual tourist services as its own services and generally provides its own brochures, invitations to tender, etc. for this purpose.
A company that acts as a tour operator can also act as an intermediary if outside services are arranged (e.g. optional excursion at the vacation destination), provided that it indicates this intermediary function.
The following terms and conditions represent that text of the contract to which usually travel agencies as intermediaries (section A) or as an organizer (section B) conclude contracts with their customers/travelers (note: within the meaning of the KSchG).
The special conditions
- of the mediated tour operator,
- the mediated transport companies (e.g. train, bus, plane and ship)
- of the other mediated service providers
A. THE TRAVEL AGENCY AS INTERMEDIARY
The following terms and conditions are the basis of the contract (agency contract) that customers conclude with an intermediary.
1. booking/contract conclusion
The booking can be made in writing or (remotely) verbally. (Remote) verbal bookings should be confirmed in writing by the travel agency immediately.
Travel agencies shall use booking slips that show all essential information about the customer’s order with reference to the travel advertisement (catalog, brochure, etc.) on which the booking is based.
The agent has to refer to the present GENERAL TRAVEL CONDITIONS with regard to his own service and to the service of the organizer mediated by him according to § 6 of the exercise regulations for the travel agency trade, to demonstrably draw attention to travel conditions deviating from them and in this case to hand them out before conclusion of the contract.
Insofar as services of foreign entrepreneurs (service providers, tour operators) are mediated, foreign law may also apply.
The person who makes a booking for him/herself or for a third party is thus considered the client and, in the absence of any declaration to the contrary, assumes the obligations arising from the placing of the order with the travel agency (payments, withdrawal from the contract, etc.).
When booking, the travel agency may require a handling fee and a (minimum) deposit. The balance and reimbursement of cash expenses (telephone, telex, etc.) must be paid when the travel documents (not including personal documents) are handed over by the
respective tour operator or service provider at the travel agency.
Travel companies that accept bookings are obliged to send the traveler a confirmation of the travel contract (travel confirmation) upon or immediately after conclusion of the contract.
2. information and other ancillary services
2.1. Information on passport, visa, foreign exchange, customs and health regulations.
It is assumed to be known that a valid passport is usually required for travel abroad.
The travel agency shall inform the customer about the respective foreign passport, visa and health entry regulations that go beyond this, as well as about foreign exchange and customs regulations upon request, insofar as these can be ascertained in Austria. Otherwise, the customer is responsible for compliance with these regulations. If possible, the travel agency will take over the procurement of any necessary visa for a fee.
Upon request, the travel agency will provide information on special regulations for foreigners, stateless persons and holders of dual citizenship, if possible.
2.2. Information about the travel service
The travel agency is obligated to present the service to be arranged by the tour operator or service provider to the best of its knowledge, taking into account the special features of the respective arranged contract and the circumstances of the respective destination country or place.
3. legal status and liability
The liability of the travel agency extends to
– the careful selection of the respective organizer or service provider as well as the careful evaluation of gained experiences;
– proper provision of services, including appropriate information to the customer and delivery of travel documents;
– the demonstrable forwarding of notifications, declarations of intent and payments between the customer and the brokered company and vice versa (such as changes to the agreed service and price, declarations of withdrawal, complaints).
The travel agency is not liable for the provision of the service arranged or procured by it. The travel company has to inform the customer with the travel confirmation of the company name (product name), the address of the tour operator and, if applicable, of an insurer under one, provided that this information is not already in the brochure, catalog or other detailed advertising material. If it fails to do so, it shall be liable to the customer as organizer or service provider.
4. performance problems
If the travel agency violates its obligations arising from the contractual relationship, it shall be obligated to compensate the customer for the resulting damage unless it proves that it acted neither intentionally nor with 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.
B. THE TRAVEL AGENCY AS ORGANIZER
The following conditions are the basis of the contract – hereinafter referred to as the travel contract – that bookers conclude with a tour operator either directly or with the use of an intermediary. In the case of direct conclusion of a contract, the organizer shall be subject to the obligations of an intermediary mutatis mutandis.
The organizer basically accepts the present GENERAL TRAVEL CONDITIONS, deviations are made evident in all his detailed advertising documents according to § 6 of the Exercise Regulations.
1. booking/contract conclusion
The travel contract is concluded between the booker and the organizer when there is agreement on the essential elements of the contract (price, service and date). This results in rights and obligations for the customer.
2. change in the person of the travel participant
A change in the person of the traveler is possible if the substitute person meets all the conditions for participation and can be done in two ways.
2.1. Assignment of the right to travel services
The obligations of the booking party from the travel contract remain valid if he assigns all or individual claims from this contract to a third party. In this case, the booking party shall bear the resulting additional costs.
2.2. Transfer of the travel event
If the customer is prevented from starting the travel event, he can transfer the contractual relationship to another person. The transfer must be communicated to the organizer either directly or through the intermediary within a reasonable time before the date of departure. The tour operator may announce a specific deadline in advance. The transferor and the transferee shall be jointly and severally liable for the unpaid consideration and, if applicable, for the additional costs incurred as a result of the transfer.
3. contract content, information and other ancillary services
In addition to the information obligations that also apply to the agent (namely information about passport, visa, foreign exchange, customs and health entry regulations), the organizer must provide sufficient information about the service offered by him. The service descriptions in the catalog 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.
4. travel with special risks
In the case of trips with special risks (e.g. expedition character), the organizer is not liable for the consequences arising in the course of the occurrence of the risks, if this happens outside the scope of his duties.
This does not affect 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.
5. legal bases in the event of default
The customer has a warranty claim in the event of non-performance or defective performance.
The customer agrees that the organizer will provide a defect-free service or improve the defective service within a reasonable period of time instead of his claim for cancellation or price reduction. Remedy may be effected in such a way that the defect is remedied or a substitute service of equal or greater value is provided which also meets with the express approval of the customer.
If the organizer or his assistants culpably violate the obligations incumbent upon the organizer from the contractual relationship, the organizer is obligated to compensate the customer for the resulting damage.
If the tour operator is responsible for persons other than his employees, he is liable – except in cases of personal injury – only if he does not prove that they are neither intentional nor grossly negligent.
Except in cases of intent and gross negligence, the tour operator is not liable for items that are not usually taken along, unless he has taken them into custody with knowledge of the circumstances.
Therefore, the customer is advised not to take any items of special value. Furthermore, it is recommended to properly store the items taken along.
5.3. Notification of defects
The customer shall immediately notify a representative of the organizer of any defect in the fulfillment of the contract that he/she discovers during the trip. This presupposes that he has been made aware of one and that it can be reached on the spot without significant effort. The omission of this notification does not change anything in terms of the provisions under 5.1. described warranty claims of the customer. However, it may be imputed to him as contributory negligence and thus reduce his possible claims for damages. However, the organizer must have informed the customer in writing either directly or through the intermediary of this notification obligation. Likewise, the customer must have been informed at the same time that failure to notify does not affect his warranty claims, but that it may be counted as contributory negligence.
If necessary, in the absence of a local representative, it is recommended to inform either the respective service provider (e.g. hotel, airline) or directly the tour operator about deficiencies and demand remedy.
5.4. Special liability laws
In the case of air travel, the organizer is liable, among other things, under the Warsaw Convention and its supplementary agreement, and in the case of rail and bus travel, under the Railway and Motor Vehicle Liability Act.
6. assertion of possible claims
In order to facilitate the assertion of claims, the customer is recommended to obtain written confirmation of the non-performance or defective performance of services or to secure receipts, evidence, witnesses.
Warranty claims by consumers can be asserted within 2 years.
Claims for damages become time-barred after 3 years.
In the interest of the traveler, it is recommended that claims be asserted directly with the organizer or through the investigating travel agency immediately upon return from the trip, since difficulties with evidence are to be expected with increasing delay.
7. withdrawal from the contract
7.1. Withdrawal of the customer before the start of the trip
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 elements of the contract, which include the price of the trip, are significantly changed.
In any case, the thwarting of the agreed purpose or character of the travel event, as well as a failure in accordance with Section 8.1. an increase of the agreed travel price by more than 10 percent constitutes such an amendment to the contract.
The organizer is obliged to explain the change of contract to the customer without delay, either directly or through the intermediary travel agency, and to inform the customer of the existing option of either accepting the change of contract or withdrawing from the contract; the customer must exercise his right of choice without delay.
If the organizer is at fault for the occurrence of the event entitling the customer to withdraw, the organizer is obligated to compensate the customer.
b) Entitlement to compensation
The customer may, if he exercises the right of withdrawal according to lit. a is not used and in the event of cancellation by the tour operator through no fault of the customer, instead of the reversal of the contract demand its fulfillment through participation in an equivalent other travel event, provided that the organizer is able to provide this service.
In addition to the right to choose, the customer is also entitled to claim damages for non-performance of the contract, unless the cases of 7.2. come into play.
c) Withdrawal with cancellation fee
The cancellation fee is a percentage of the travel price and depends on the time of the cancellation and the respective type of travel. The travel price or all-inclusive price shall be understood as the total price of the contractually agreed service.
The customer shall be liable in all cases not covered by lit. a mentioned cases shall be entitled to withdraw from the contract against payment of a cancellation fee. In case of unreasonableness of the cancellation fee, it may be moderated by the court.
Depending on the type of trip, the following cancellation rates apply per person:
1. special flights (charter), group IT (group package tours in scheduled transport), bus company tours (multi-day tours).
|until 30. day before departure1||10%|
|from the 29th to the 20th day before the start of the trip||25%|
|from the 19th to the 10th day before the start of the trip||50%|
|from the 9th to the 4th day before the start of the trip||65%|
|from the 3rd day (72 hours) before the start of the trip||85%|
of the travel price.
2. individual IT (individual package tours on scheduled services), rail company tours (except special trains).
|until 30. day before departure||10%|
|from the 29th to the 20th day before the start of the trip||15%|
|from the 19th to the 10th day before the start of the trip||20%|
|from the 9th to the 4th day before the start of the trip||30%|
|from the 3rd day (72 hours) before the start of the trip||45%|
of the travel price.
Special conditions apply to hotel accommodations, vacation rentals, boat trips, one-day bus trips, special trains and scheduled air travel at special rates. These are to be listed in the detailed program.
When withdrawing from the contract should be noted:
The customer (client) may at any time notify the travel agency where the trip was booked that he/she is withdrawing from the contract. In case of cancellation, it is recommended to do this
– by registered letter or
– in person with simultaneous written statement
No-show is when the customer fails to depart because he lacks the will to travel or if he misses the departure due to negligence on his part or due to a coincidence that happened to him. If it is further clarified that the customer can no longer or no longer wishes to make use of the remaining travel service, he/she shall, in the case of types of travel according to lit. c 1. (special flights, etc.) 85 percent, for the types of travel according to lit. c 2. (single IT, etc.) to pay 45 percent of the tour price.
In the event that the above rates are unreasonable, they may be moderated by the court on a case-by-case basis.
7.2. Cancellation by the organizer before the start of the trip
a) The organizer is released from the fulfillment of the contract if a minimum number of participants determined in advance in the invitation to tender is not reached and the customer has been notified in writing of the cancellation within the deadlines specified in the description of the travel event or the following deadlines:
– up to the 20th day before departure for trips longer than 6 days,
– up to the 7th day before departure for trips from 2 to 6 days,
– up to 48 hours before departure for day trips.
If the organizer is responsible for the non-achievement of the minimum number of participants beyond slight negligence, the customer can claim damages; these are lump-sum in 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 party claiming force majeure has no control and the consequences of which could not have been avoided despite the exercise of due care. However, this does not include overbooking, but does include government orders, strikes, war or war-like conditions, epidemics, natural disasters, etc.
c) In the cases a) and b) the customer receives back the deposited amount. He has the right to choose according to 7.1.b, 1st paragraph.
7.3. Withdrawal of the organizer after the start of the trip
The organizer is released from the fulfillment of the contract if the customer in the context of a group tour disturbs the implementation of the trip by grossly improper behavior, regardless of a warning, sustainable.
In this case, the customer, if he is at fault, is obliged to compensate the damage to the organizer.
8. amendments to the contract
8.1. Price changes
The organizer reserves the right to increase the price of the trip confirmed with the booking for reasons beyond his control, if the date of the trip is more than two months after the conclusion of the contract. Such reasons are exclusively changes in transportation costs – such as fuel costs – charges for certain services, such as landing fees, embarkation or disembarkation fees at ports and corresponding fees at airports, or the exchange rates to be applied for the travel event in question.
In the event of a price reduction for these reasons, it must be passed on to the traveler.
Within the two-month period, price increases can only be made if the reasons for them were negotiated in detail at the time of booking and noted on the booking slip.
From the 20th day before the departure date there is no price change.
A price change is only permissible if, if the agreed conditions are met, an exact indication of how the new price will be calculated is also provided. Price changes and their circumstances must be explained to the customer without delay.
In the event of changes in the travel price by more than 10 percent, the customer may in any case withdraw from the contract without incurring a cancellation fee (see section 7.1.a.).
8.2. Changes in services after the start of the trip
– In the event of changes for which the organizer is responsible, the provisions set out in Section 5 (Legal basis for disruptions to performance) shall apply.
– If it becomes apparent after departure that a significant part of the contractually agreed services will not or cannot be provided, the organizer shall make reasonable arrangements without additional charge so that the travel event can continue. If such arrangements cannot be made or are not accepted by the customer for valid reasons, the organizer shall, without additional charge, if necessary, provide an equivalent means of transporting the customer to the place of departure or to another place agreed with the customer. In addition, the organizer is obliged to help the customer to overcome difficulties to the best of his ability in the event of non-fulfillment or inadequate fulfillment of the contract.
9. provision of information to third parties
Information about the names of travel participants and the whereabouts of travelers will not be provided to third parties, even in urgent cases, unless the traveler has expressly requested that information be provided. The costs incurred by the transmission of urgent messages shall be borne by the customer. Therefore, travelers are advised to provide their relatives with the exact vacation address.
The sections listed under B 7.1. lit. c, formerly lit.b (resignation), 7.1. lit d, formerly lit. c (no-show) and 8.1. (price changes) are registered as non-binding association recommendations under 1 Kt 718/91-3 and are now registered as such under 25 Kt 793/96-3 in the Cartel Register.
11. terms of payment
Organizer: Touralpin Touristik Ges.m.b.H.
Entry number 291 in the organizer directory of the Federal Ministry of Economy, Family and Youth.
In accordance with the Travel Agency Insurance Ordinance (RSV), customer monies for package tours offered by the tour operator Touralpin Touristik Ges.m.b.H. are insured under the following conditions:
The deposit is paid at the earliest eleven months before the agreed end of the trip and amounts to 10% of the tour price. The final payment not earlier than twenty days before departure – step by step against delivery of the travel documents to the traveler. Down payments or final payments made in excess of this or ahead of schedule may not be demanded and are also not secured. Guarantor or insurer is Salzburger Sparkasse Bank AG, 5700 Zell am See (bank guarantee of € 10,000). All claims must be filed with the liquidator (Europäische Reiseversicherung Aktiengesellschaft, Kratochwjlestraße 4, 1220 Vienna, Tel: 01/317 25 00, Fax: 01/319 93 67) within 8 weeks of the occurrence of insolvency.