These Terms and Conditions form an integral part of the travel contract entered into between the customer and Edelweiss Bike Travel Reise GmbH (referred to after this as EBTR). Any special conditions and itineraries detailed in the various travel offers do, however, in any case take precedence over these Terms and Conditions. All statutory references set forth hereunder refer to Austrian law.
I. General Travel Terms and Conditions (ARB 1992)
Adaptation to the amendment to the Consumer Protection Act, Federal Law Gazette 247/93 and to the Warranty Right Amending Law, Federal Law Gazette I No. 48/2001. Jointly discussed in the consumer-political advisory body of the Austrian Federal Minister for Health, Sports and Consumer Protection in accordance with § 73 subsection 1 of the Trade, Commerce, and Industry Regulation Act 1994 [Gewerbeordnung] and § 8 of the regulation of the Federal Minister for economic affairs in the version dated 1994 on the provisions regarding the exercise of the travel agency industry [Ausübungsvorschriften für das Reisebürogewerbe] (now § 6, according to Federal Law Gazette II No. 401/98). EBTR may act as agent (section A) and/or as tour operator (section B). The agent is obliged to make an effort to arrange services of other parties (operators, carriers, hoteliers, etc.). Tour operator is the company either offering several touristic services at a package price (package holiday/travel organisation) or promising to render individual touristic services as services on own account and for this purpose usually providing own brochures, advertisements, etc. If third party services are arranged (e.g. optional trips at the holiday resort), a company acting as tour operator may also act as agent if it refers to this function as agent. The following conditions constitute the contractual text usually used by travel agencies as agents (section A) or as tour operators (section B) to conclude contracts with their customers/travellers (annotation: in the sense of the Consumer Protection Act), and they are hereby made part of this contract.
The special conditions
- of the arranged tour operators, - of the arranged carriers (e.g. train, bus, airplane and ship) and - the other arranged service providers prevail.
A. EBTR ACTING AS AGENT
The following provisions form the basis of the contract (agent’s contract) concluded between EBTR, acting as agent, and its customers:
1. Booking/contract conclusion
The booking can be effected in writing, per telephone or verbally. EBTR should immediately confirm verbal bookings or bookings per telephone in writing. Travel agencies should use booking notes containing all necessary details regarding the customer‘s order and referring to the travel advertisement (catalogue, brochure, etc.) forming the basis of the booking.
With regard to its own services or arranged services, the agent must – according to § 6 of the provisions regarding the exercise of the travel agency industry – refer to these applicable General Travel Terms and Conditions. In case of differing travel terms and conditions, he must demonstrably advise the customer of these differences and hand them out before contract conclusion. If services of foreign contractors (service providers, tour operators) are arranged, foreign law may apply as well. The person, who completes a booking for himself or for a third party, is regarded as principal contractor and unless stated to the contrary accepts the obligations under the contract with EBTR (payments, contract cancellation, etc.). In the course of booking, EBTR may request a service charge and a (minimum) deposit. The outstanding balance and the compensation of cash expenses (telephone expenses, fax costs, etc.) become due upon the hand-over of the travel documents (these do not include personnel documents) of the respective tour operator or service provider at the travel agency. Upon or immediately after the contract is effective, travel organisations accepting bookings are obliged to communicate a confirmation regarding the travel contract to the traveller (travel confirmation).
2. Information and other incidental services
2.1 Information on passport, visa, foreign currency, customs and health regulations
It is presumed to be known to the customer that a valid passport is needed for travels abroad. EBTR shall inform the customer about additional foreign passport, visa and health entry provisions and – upon request – about foreign currency and customs regulations if they can be obtained in Austria. The customer himself is responsible for compliance with these regulations. If possible, EBTR will – against compensation – arrange the execution of a visa that might be necessary. Upon request, EBTR will – if possible – give information about special regulations for foreigners, stateless persons as well as persons holding a double citizenship.
2.2 Information regarding the travel service
EBTR is obliged to represent to the customer the service of the tour operator or the service provider to the best of its knowledge as such service relates to the characteristics of the arranged contract and the conditions in the place of destination.
3. Legal status and liability
EBTR’s liability as agent is limited to:
- the careful selection of the respective tour operator and/or service provider as well as the careful analysis of gained experience;
- the proper arrangement of services including the corresponding information of the customer and the delivery of the travel documents;
- the demonstrable forwarding of notices, declarations of intent and payments between the customer and the procured company and vice versa (such as changes in the agreed service and the agreed price, notices of cancellation, complaints). EBTR is not liable for the execution of the arranged service. Together with the travel confirmation, EBTR must notify the customer about the company name (product name) and the address of the tour operator and – if applicable – of an insurer if this information is not already contained in the brochure, catalogue or other detailed means of advertising. If it does not do so, it is liable to the customer as operator and/or service provider.
4. Impairments of performance
In case EBTR breaches its obligations under the contract, it shall be liable to the customer for the resulting damage unless it proves that it has neither acted intentionally nor in a grossly negligent way. For breaches of contract due to ordinary negligence, EBTR is obliged to compensate the customer the resulting damage up to the amount of the commission paid to EBTR for the procured business.
B. EBTR AS TOUR OPERATOR
The following provisions form the basis of the contract – hereinafter referred to as travel contract – concluded between the booking party and EBTR as tour operator either directly or through an agent. In case of a direct contract, the agent’s obligations analogously apply to the tour operator. EBTR accepts the applicable General Travel Terms and Conditions, except for the deviations highlighted in all its detailed advertising documents according to § 6 of the regulation on the provisions regarding the exercise on of the travel agency industry (Ausübungsvorschriften für das Reisebürogewerbe).
1. Booking/contract effectiveness
The travel contract is effective as between the booking party and EBTR if the parties agree on the material parts of the contract (price, service and date). This results in rights and duties for the customer.
2. Change in the identity of the traveller
A change in the identity of the traveller is possible if the replacing person meets all conditions regarding the participation and can be completed in two ways:
2.1 Assignment of the claim to the travel service
The booking party’s obligations under the travel contract remain effective if it assigns all or single claims under this contract to a third party. In this case, the booking party will bear the resulting additional costs (see also clause 1. of the Special Travel Terms and Conditions).
2.2 Transfer of the travel event
Where the customer is prevented from proceeding with the package, he may transfer his booking to another person. EBTR must be informed about the transfer either directly or via the agent within a reasonable period before the departure date. The tour operator may specify this reasonable period (see clause 1. of the Special Travel Terms and Conditions). The transferring party and the replacing person will be jointly liable for both the outstanding balance and the additional costs arising from the transfer (see also clause 1. of the Special Travel Terms and Conditions).
3. Contents of the contract, information and other incidental services
In addition to the information obligations also applicable to the agent (information on passport, visa, foreign currency, customs and health entry regulations), EBTR must provide sufficient information about the service offered. The service descriptions in the catalogue and/or brochure valid at the time of the booking as well as the other information contained therein are the subject matter of the travel contract, unless differing agreements have been made at the booking. It is, however, recommended to record such agreements in writing.
4. Travels including special risks
If travels include special risks (e.g. expeditions), EBTR will not be liable for the consequences of special risks exceeding its scope of duty. The tour operator’s obligation to thoroughly prepare the journey and to thoroughly select the persons and companies being in charge of the execution of the single travel services remains unaffected.
5. Legal bases in case of impairments of performance
If the service has not been carried out or only been carried out in an incomplete manner, the customer has a right to claim on warranty. The customer agrees that instead of his claim to rescind the contract or for a price reduction, EBTR has the right to provide – within a reasonable period of time – an unobjectionable service or improve the incomplete service. Remedy can take place by removing the failure or by providing an equal or better replacement service that is subject to the customer’s explicit consent.
If EBTR or its assistants violate the duties of the contractual relationship either intentionally or by negligence, EBTR is obliged to compensate the damage. To the extent, EBTR is responsible for persons other than its employees, it will only be liable – except in cases of personal injury – if it does not prove that they have acted in an intentional or grossly negligent way.
Except in case of intention or gross negligence, EBTR will not be liable for objects that are usually not brought along unless it has taken these objects in custody knowing the circumstances. The customer is therefore advised not to carry along objects of special value. Moreover, it is recommended to orderly keep the objects that have been brought along.
5.3 Notification of failures
The customer must immediately inform EBTR representatives of every failure in the performance of the contract that he observes during the journey. This implies that the customer has been notified about a EBTR representative and that the latter is available on site without considerable efforts. If this notification by the customer is omitted, this will not affect the customer’s right to claim on warranty under 5.1. This omission can, however, be imputed to him as contributory negligence and thus decrease his possible claims for damages. In this respect EBTR shall inform the customer about this obligation of notification in writing, either directly or via the agent. Also, the customer must have been notified at the same time that any omission regarding this notification will not affect his right to claim on warranty under 5.1, but that it can be imputed as contributory negligence. If applicable and for lack of a local representative, it is recommended that the customer either inform the respective service provider (e.g. hotel, airline) or EBTR itself about failures and to request remedy.
5.4 Special liability laws
Regarding flights, EBTR will – inter alia – be liable under the Warsaw Convention and its additional conventions, in journeys by train and bus under the Liability of Keepers of Railroads and Motor Vehicles Act (Eisenbahn- und Kraftfahrzeughaftpflichtgesetz).
6. Assertion of possible claims
In order to simplify the assertion of claims, the customer is advised to obtain a written confirmation regarding the non performance of services or improper performance, respectively, and to secure receipts, evidences and witnesses. Consumer warranty claims can be asserted within 2 years after execution of services. Claims for damages will become time-barred after 3 years commencing on the day of becoming aware of the damage and the injuring party.
In the interest of the traveller, it is recommended to immediately assert claims after having returned from the journey directly at EBTR or via the procuring travel agency, as difficulties regarding the evidence have to be anticipated with any delay.
7. Cancellation of the contract
7.1 Cancellation on the part of the customer before the beginning of the journey
a) Cancellation without cancellation fees
Apart from the cancellation rights granted by law, the customer may – without EBTR having claims against him – cancel the contract before the beginning of the service if material components of the contract, including the travel price, are changed to a considerable extent. The frustration of the conditioned purpose and/or character of the travel event as well as an increase in the agreed travel price by more than 10% effected according to section 8.1 will in each case constitute such change of contract. EBTR is obliged to immediately notify the customer of the change of contract either directly or via the procuring travel agency and to simultaneously instruct him regarding the existing option to either accept the change of contract or to cancel the contract; the customer must immediately exercise his option. If the occurrence of the event entitling the customer to the cancellation is due to EBTR’s intentional misconduct or negligence, EBTR is obliged to compensate the customer’s damages.
b) Claim to replacement services
If he does not make use of the cancellation right according to clause 7.1(a) and in case of cancellation by EBTR without the customer’s fault, the customer may – instead of the contract cancellation – request the contract performance by means of the participation in any other equal journey if EBTR is able to provide this service. Apart from the right to this option, the customer is also entitled to a claim for damages due to non-performance of the contract, unless clause 7.2 applies.
c) Cancellation with cancellation fees
The cancellation fee is a percentage of the travel price and with regard to its amount depends on the time of the notice of cancellation and the respective type of journey. The travel price or the package price is the overall price of the contractually agreed service. In all cases not mentioned under clause 7.1(a), the customer is – against payment of a cancellation fee – entitled to cancel the contract. In case the cancellation fees are not reasonable, they can be reduced by a court. Depending on the type of journey, the following cancellation rates apply per person:
1. Special flights (charter), group IT (group package tours using regular service), motor-bus group excursions (journeys lasting several days):until 30 days prior to departure: 10%, 29 to 20 days prior to departure: 25%, 19 to 10 days prior to departure: 50%, 9 to 4 days prior to departure: 65%, as of 3 days (72 hours) prior to departure: 85% of the travel price.
2. Individual IT (individual package tours using regular service), train group excursions (except for special trains):
until 30 days prior to departure: 10%, 29 to 20 days prior to departure: 15%, 19 to 10 days prior to departure: 20%, 9 to 4 days prior to departure: 30%, as of 3 days (72 hours) prior to departure: 45% of the travel price.
Special conditions apply for hotel accommodation, holiday flats, ship travels, one-day bus travels, special trains and scheduled flights at special tariffs. The latter are to be listed in the detailed program.
Also excepted from this are travel arrangements that include the use of an engine-driven vehicle (rented vehicle or the traveller’s own vehicle). The cancellation rates applicable to them are listed in clause 2. of the Special Travel Terms and Conditions.
Notice of cancellation
When cancelling the contract attention should be paid to: The customer (principal) may inform EBTR or the agent at which the travel has been booked at any time that he will cancel the contract. In case of cancellation, it is recommended to do this
- by registered letter or
- personally, with a simultaneous written declaration.
d) No show
No show means that the customer does not appear for the departure, whether he does not want to travel or if he misses the departure for any negligence for which he is responsible or for any incident that happens to him. If it has been clarified that the customer cannot or does not want to make use of the remaining travel service, he must pay according to the type of journey 85% of the package price (e.g. special flights) or 45% of the package price (e.g. individual IT) (Notwithstanding hereof for travel involving vehicles see clause 2.b of the Special Travel Terms and Conditions). If the rates mentioned above are not reasonable, they can be reduced by a court in a special case.
7.2 Cancellation by EBTR prior to departure
a) EBTR will be released from its obligations under the contract if a minimum number of participants specified in the travel description is not achieved and if the customer has been notified about the cancellation in writing within the following periods or those mentioned in the travel description:
- until 20 days prior to departure in journeys of more than 6 days,
- until 7 days prior to departure in journeys of 2 to 6 days,
- until 48 hours prior to departure in day trips.
If the non-achievement of the minimum number of participants is due to EBTR’s intentional misconduct or gross negligence, the customer is entitled to claim a flat compensation according to the respective cancellation fees. The assertion of any damage exceeding this amount is, however, not excluded.
b) EBTR will be released from its obligations under the contract if its cancellation is based on force majeure, i.e. due to exceptional and unforeseeable events that cannot be influenced by the party referring to force majeure and the consequences of which couldn’t have been avoided despite exercising due care. However, this does not include overbooking, but it includes governmental orders, strikes, war or situations similar to war, epidemics, natural disasters, etc.
c) In cases of clauses 7.2(a) and (b), the deposit payment will be refunded to the customer. He is also entitled to the option according to 7.1 (b), 1st paragraph.
7.3 Cancellation by EBTR after the beginning of travel
EBTR is released from its obligations under the contract if within the scope of a group travel, the customer, despite a warning, continues to disturb the travel performance by grossly improper behaviour.
If it was the customer’s fault, the customer is obliged to compensate EBTR for the damage he has caused.
8. Changes to the contract
8.1 Price changes
EBTR reserves the right to increase the travel price confirmed in the booking for any of the following reasons if the period between the effectiveness of the contract and the departure is more than two months.
Such reasons only include changes in the transportation costs, e.g. the fuel costs, the dues, taxes or fees chargeable for certain services, like landing taxes, embarkation and disembarkation fees in harbours and corresponding fees on airports or the exchange rates to be applied to the particular package. In case of a price reduction for these reasons, it shall be passed on to the traveller. Within the two-month period, price increases may only be effected if the reasons for this have been separately negotiated in the booking and stated on the booking note.
Within 20 days prior to the departure date, the price stated in the contract shall not be increased. A price change is only permitted if upon compliance with the above requirements, an exact calculation of the new price has been provided, as well. The customer must be immediately notified of the price change and its reasons. If the price change is more than 10 percent, the customer is entitled to withdraw from the contract without cancelation fees (see section 7.1 a.).
8.2 Changes to service after beginning of travel
In case of changes to the service after travel begins for which EBTR is responsible, the regulations as specified in section 5 (legal bases in case of impairments of performance) will apply. If it turns out after the departure that a material proportion of the contractually agreed services will not or cannot be provided, EBTR shall – without additional remuneration – make suitable alternative arrangements so that the travel can be continued. If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, EBTR shall, where appropriate, provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed. Furthermore, in the case of non-performance or improper performance of the contract EBTR is obliged to assist the customer to the best of its abilities in the solution of problems.
9. Provision of information to third parties
Even in urgent cases, information regarding the names of the travellers and their whereabouts will not be provided to third parties unless the traveller has explicitly requested an information provision. The costs caused by the transmission of urgent messages are for the customer’s account. Thus, the travellers are advised to notify their relatives the exact holiday address.
Sections 7.1 letter c, formerly letter b (cancellation), 7.1 letter d, formerly letter c (no-show) as well as 8.1 (price revision) listed under section B are optional association recommendations under 1 Kt 718/91-3 and as such are now registered under 25 Kt 793/96-3 in the Register of Cartels.
II. Special Travel Terms and Conditions
1. Booking and payment
When the customer registers for a tour he/she is offering to enter into a legally binding travel contract with EBTR, which will be accepted by EBTR if EBTR issues a written confirmation of travel. On booking, but at the earliest eleven months prior to the end of the tour, an advance payment of EUR 500.00, up to a maximum of 20% of the travel price shall be paid. The balance of the tour price shall be paid, without EBTR having to send an additional request for payment, at the earliest 20 days prior to the start of the tour concurrently with the handing over of the tour documentation. In the case of travel arrangements the payment conditions of the other tour operator or service provider concerned apply. EBTR reserves the right to withdraw from providing service if the customer is late in paying.
EBTR only accepts payment by means of cheque, bank transfer or credit card payment (Mastercard, Visa). In the case of an assignment under clause B.2.1 of the General Travel Terms and Conditions or of a transfer under clause B.2.2 of the General Travel Terms and Conditions the size of the additional costs arising shall amount to at least EUR 70.00 in each case. A reasonable period of time to allow for a transfer under clause B.2.2 of the General Travel Terms and Conditions is at least 14 days prior to the date of departure.
2. Special conditions for travel involving vehicles (TIV)
“Travel involving vehicles” (hereinafter referred to as TIV) means travel arrangements that include or require the use of an engine-driven vehicle (a rented vehicle or the traveller’s own vehicle). Vehicles are, in particular but not limited to motorcycles, scooters, private cars and snowmobiles.
a. Cancellation fees for TIV
By way of deviation from clause B 7.1 c of the General Travel Terms and Conditions, the following cancellation fees apply to TIV: Up to the 60th day prior to departure: EUR 200.00; From the 59th to the 42nd day prior to departure: EUR 350.00; From the 41st to the 31st day prior to departure: 30% of the travel price; From the 30th day prior to departure: 100% of the travel price.
It is recommended that an insurance policy covering travel cancellation be taken out. One rebooking latest 60 days before tour start is possible. After rebooking the minimum cancellation fee is EUR 350.00 per person.
b. “No show” in the case of travel involving vehicles
If, in the case of TIV, there is a “no show” by the customer as defined in clause B 7.1 d of the General Travel Terms and Conditions and if the customer cannot or does not want to make use of the remaining travel service then he/she must pay 100% of the travel price.
c. Vehicle rental
The rental of a vehicle in the respective category booked is part of EBTR’s service. The condition of vehicles will be in line with the prevailing circumstances in the country concerned. In no case is there any claim for a new vehicle to be made available. The customer must be in possession of a valid driving licence for the rented vehicle in order to take it over. Evidence of that must be provided at the start of the tour. If that is not fulfilled EBTR reserves the right not to hand the rented vehicle over and to exclude the tour participant from the tour. In such a case EBTR is not obliged to refund payments of any kind and is not liable for the additional costs arising for the customer because of that. The specification of vehicles booked varies according to the tour and hiring point. The illustrations used for EBTR’s sales literature do not allow any conclusions to be drawn concerning vehicle specification. More precise information about rental vehicles and their specification may be requested from EBTR. It will endeavour to make available the model of vehicle desired by the tour participant but reserves the right to replace that with a comparable model in the event of unforeseen situations such as a technical defect, accident, theft or similar occurrence. Should EBTR not be in a position to make a comparable model of vehicle available then EBTR will reimburse the tour participant for the difference between the vehicles’ daily rates. Any further liability on EBTR’s part is thus ruled out. A security deposit is, furthermore, due for payment whenever a rented vehicle is taken over. The deposit amount is equivalent to the excess on the vehicle insurance that the customer has to take out. This deposit is reimbursed when the vehicle is returned undamaged. Many rental points demand an additional rental contract on site that has to be entered into on site at the hiring point concerned. We will, on request, send such a rental contract prior to booking the tour. The rental period is not interrupted by the vehicle becoming unusable (regardless of whose fault that may have been) or by the person hiring it not being able to drive it. EBTR is not obliged to replace a damaged vehicle during a tour. If a rental vehicle develops a technical defect then the customer is obliged to report that to EBTR’s local partner immediately.
d. Own vehicle
Tour participants taking part in an EBTR tour with their own vehicle are themselves responsible for its conforming with the law and for its technical condition being faultless. If non-compliance with such a condition results in EBTR’s service provision being disturbed then the customer is obliged to reimburse EBTR for any loss the latter may incur. The customer shall bear any additional costs arising (for instance for vehicle recovery, vehicle safekeeping, elimination of technical defects etc.). EBTR is unable to offer any vehicle insurance to customers taking part in a tour in their own vehicle.
e. Driving licence and driving ability
On completion of the booking the customer declares that he/she possess a valid driving licence for the vehicle taking part in the tour for the period of travel and has the necessary driving ability to control such a vehicle safely on the tour route. The customer must immediately notify EBTR of all changes with respect to his/her driving licence that affect his/her participation in the tour (for instance, disqualification from driving).
Should it turn out after the booking and before the start of the travel that the customer has no driving licence valid for the travel period then, by charging the cancellation rates listed in clause B 7.1 c of the General Travel Terms and Conditions or, in the case of a vehicle travel arrangement the rates listed in clause 2.a. of these conditions, EBTR is exempted from further contract fulfilment.
Should it turn out after the travel has started that the customer does not have a valid driving licence for the travel period or does not have the necessary driving ability to be able to control the vehicle taken over safely on the tour route then the legal consequences of clause B.7.3 of the General Travel Terms and Conditions apply.
f. Local requirements
The customer joins the road traffic of the tour destination on his/her own responsibility and is obliged to heed the provisions of the local road traffic regulations. He/she must bear any penalties, fines or similar charges, including damage to a third party’s person or property attributable to his/her abuse of local traffic regulations.
g. Health, alcohol and medicines
Attention is drawn to a good general state of health, corresponding to the tour description of the tour, being a prerequisite for taking part in it. Tour participants who do not fulfil such prerequisites may be excluded from participation in the whole tour or sections thereof without any claim on EBTR arising from that. Consulting a doctor is recommended, in any case, before the start of the tour. If there are doubts in respect of a tour participant’s state of health then a medical certificate to the contrary must, on request, be presented to EBTR.
During the day, as long as the vehicle still has to be driven, the customer is not permitted to take alcoholic drinks or medicines that affect his/her ability to drive. Alcoholic drinks may only be enjoyed after the day’s tour concerned has ended and after the vehicle has been safely parked for the night at the hotel. The legal consequences of clause B.7.3 of the General Travel Terms and Conditions apply in the event of failure to comply with this rule.
h. Off-road driving
Off-road driving outside the route laid down by EBTR at all points is not allowed. The customer must bear losses arising from unauthorised off-road driving in full and without self-insured retention.
The customer is liable in any case for all personal injuries and damage to property caused by his/her intentional misconduct or negligence and shall indemnify and hold EBTR harmless against all third party claims asserted directly on EBTR in connection with such injuries and/or damage. Damage caused by customer’s intentional misconduct or negligence means in particular (but not limited to) damage attributable to driving mistakes, lack of driving ability and/or disorderly driving behaviour (for instance, driving on the back wheel making a racing start, failing to comply with safety spaces between vehicles etc.).
j. Own responsibility
The guide provided by EBTR gives only an approximate driving route, so the customer follows that route on his/her own responsibility and is obliged to adapt his/her driving style and ability to the prevailing circumstances. If the customer is not in a position to follow a driving route then he/she must not drive any further along it and immediately notify the guide accordingly. The customer is personally responsible for the proper stowing of items of luggage in/on the vehicle. Any liability on the part of EBTR for that is excluded. It is recommended that personal valuables and documents are not stored in the vehicle’s luggage.
3. Room quotas
Many tours have a limited number of single rooms available. They are allocated according to the order in which bookings specifically requesting single rooms come in. If a booking from a single person contains a request to share a double room with another tour participant then EBTR will endeavour to find him/her a room-mate. If that is unsuccessful then the single room price will be charged.
a. Travel insurance
EBTR recommends that travel insurance be taken out covering cancellation charges, luggage, accident, illness and third party indemnity.
b. Vehicle insurance upgrade
On the customer’s request EBTR will draw up a quotation to take out an extended insurance policy to reduce the excess on the vehicle insurance.
c. Insolvency insurance
According to the travel agencies implementing regulation (RSV) customers’ funds committed to a tour operator’s package holidays are protected by insurance under the following preconditions: the payment in advance is made at the earliest eleven months prior to the agreed end of the travel and amounts to a maximum of 20% of the travel price; and the payment of the balance takes place at the earliest 20 days prior to the start of the travel, step-by-step against handing the travel documents over to the traveller. Advance payments going above that figure or paid prematurely and/or residual payments must not be demanded nor are they insurance-protected. EBTR has provided all participants with protection by insurance for the eventuality of its insolvency by means of a bank guarantee with Liability Number 1.302.512 deposited at the Tiroler Sparkasse, Sparkassenplatz 1, 6010 Innsbruck, Austria. It is the amount of the travel price already paid that is insurance-protected and that is limited by the total guarantee amount. Should that amount not be sufficient to satisfy all claims then participants’ claims are satisfied proportionately. All participants’ claims must be lodged within 8 weeks of the onset of insolvency (failing which the claim is forfeited) at:
Europäische Reiseversicherung AG,
Kratochwjlestraße 4, 1220 Vienna, Austria, Tel.: +43 (1) 317.2500, Fax: +43 (1) 319.9367
5. Data protection and copyright
Photographs, transparencies and videos taken on the tours by EBTR representatives are EBTR’s copyright. EBTR has the right to use such material for advertising purposes without costs for EBTR vis-à-vis participants, even if participants are identifiable on them. The participant agrees that EBTR can use all photographs and/or video in any way and medium taken by the customer without costs for EBTR. EBTR has the right to pass a participant’s name, address and contact data on to other tour participants and to EBTR’s partners, who may use such a name and address for advertising purposes unless the participant expressly refuses (in writing) to allow such passing on.
6. Weather conditions and routes
EBTR reserves the right to change tour routes and thus overnight accommodation venues and other services as necessary because of seasonal circumstances and current weather conditions. When doing that EBTR will endeavour not to change the character of the tour and to provide similar services. EBTR endeavours to arrange tour dates in such a way that the weather conditions for a vehicle tour in the touring terrain concerned are favourable. EBTR does not assume any responsibility for poor weather conditions that may occur and in this respect the participant has no claim of any kind whatsoever for reimbursement of the tour price or the vehicle rental price.
7. Applicable law
The legal relationship between customer and EBTR shall be governed exclusively by and construed in accordance with Austrian law.
8. Place of performance and jurisdiction
Place of performance for all obligations arising from the travel contract shall be the place of EBTR’s registered office. If there are no mandatory statutory provisions to the contrary all disputes arising from the contractual relationship between the customer and EBTR shall be exclusively referred to the court having subject-matter jurisdiction in Innsbruck, Austria.
Oral agreements with an agency of EBTR, with EBTR or an EBTR tour guide are only effective if EBTR has confirmed them in writing. Tour guides do not have the right to give assurances that deviate from the travel contract entered into with EBTR. EBTR may correct misprints and arithmetical errors at any time. The invalidity in whole or in part of any provision herein shall not affect the remainder of these Terms and Conditions.
Version: August 1, 2015 - EBT (AT)
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