General Conditions of Travel (ARB 1992)
Adaptation to the amendment to the Consumer Protection Act, Federal Law Gazette I No. 247/93, to the Warranty Law Amendment Act, Federal Law Gazette I No. 48/2001, to the Data Protection Act, Federal Law Gazette I No. 24/2018 and to the PRG, Federal Law Gazette I No. 50/2017.
For bookings from 1.7.2018 onwards, the provisions of the Package Travel Act (PRG) shall replace §§ 31b to 31f of the Consumer Protection Act (KSchG).
The Consumer Policy Advisory Council of the Federal Minister for Health, Sports and Consumer Protection jointly discusses the exercise regulations for the travel agency business in accordance with § 73 para. 1 GewO 1994 and § 8 of the Regulation of the Federal Minister for Economic Affairs in the 1994 version. The travel agency can act as an intermediary (Section A) and/or as an organiser (Section B). The intermediary assumes the obligation to endeavour to obtain a claim to services from others (organisers, transport companies, hoteliers, etc.). The organiser is the company that either offers several tourist services at an all-inclusive 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 external services are arranged (e.g. optional excursion at the holiday destination), provided it makes reference to this intermediary function. The following terms and conditions represent the contractual text for which travel agencies usually conclude contracts with their customers as intermediaries (section A) or as organisers (section B):
The special conditions:
- the brokered tour operator
- the transport companies (e.g. train, bus, plane and ship)
- of the other mediated service providers take precedence.
A. The travel agency as intermediary
The following terms and conditions are the basis of the contract (contract of agency) that customers conclude with an agent.
1. booking (conclusion of contract)
The booking can be made in writing or (remotely) verbally. (Distant) oral bookings should be confirmed in writing by the travel agency immediately. Travel agencies should use booking slips that contain all the essential details of the customer's order with reference to the travel description on which the booking is based (catalogue, brochure, etc.). With regard to his own services and the services of the organiser he mediates, the agent must refer to the present GENERAL TRAVEL CONDITIONS in accordance with § 8 of the regulations for the travel agency business, to point out the travel conditions that deviate from these and to make them known to the customer before conclusion of the contract. auszuhändigen. Soweit Leistungen ausländischer Unternehmer (Leistungsträger, Reiseveranstalter) vermittelt werden, kann auch ausländisches Recht zur Anwendung gelangen. Derjenige, der für sich oder für Dritte eine Buchung vornimmt, gilt damit als Auftraggeber und übernimmt mangels anderweitiger Erklärung die Verpflichtungen aus der Auftragserteilung gegenüber dem Reisebüro (Zahlungen, Rücktritt vom Vertrag, usw.). Bei der Buchung kann das Reisebüro eine Bearbeitungsgebühr und eine (Mindest-)Anzahlung verlangen. Die Restzahlung sowie der Ersatz von Barauslagen (Telefonspesen, Fernschreibkosten usw.) sind beim Aushändigen der Reisedokumente (dazu gehören nicht Personaldokumente) des jeweiligen Veranstalters oder Leistungsträger beim Reisebüro fällig. Reiseunternehmungen, die Buchungen entgegennehmen, sind verpflichtet, dem Reisenden bei oder unverzüglich nach Vertragsabschluß eine Bestätigung über den Reisevertrag (Reisebestätigung) zu übermitteln.
2. information and other additional services
2.1 Information on passport, visa, foreign exchange, customs and health
It is assumed that a valid passport is generally required for travel abroad. The travel agency must inform the customer about the respective passport, visa and health police entry regulations that go beyond this and, on request, about foreign exchange and customs regulations, insofar as these can be obtained in Austria (in particular on the basis of the TIM). In all other respects, the customer is responsible for compliance with these regulations. If possible, the travel agency will take over the procurement of any necessary visas for a fee. Upon request, the travel agency shall, if possible, provide information on special regulations for foreigners, stateless persons and holders of dual citizenship.
2.2 Information on travel services
The travel agency is obliged to present the service to be arranged by the tour operator or service provider to the best of its knowledge, taking into account the particularities of the contract arranged in each case and the circumstances of the respective destination country or destination.
3. legal status and liability
The liability of the travel agency extends to
- the careful selection of the respective organiser or service provider as well as the careful evaluation of experience gained
- the proper provision of services, including informing the customer accordingly and handing out the 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 the agreed price, declarations of withdrawal, complaints)
The travel agency is not liable for the provision of the service it mediates or procures. The travel company must 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, unless this information is already contained in the brochure, catalogue or other detailed advertising material. If he fails to do so, the customer is liable to the tour operator or service provider.
4. failure to perform
If the travel agency breaches the obligations incumbent on it under the contractual relationship, it shall be obliged to compensate the customer for the resulting damage, unless it can prove that neither intent nor gross negligence on the part of the travel agency caused the damage.
Drop load. 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 organiser
The following terms and conditions are the basis of the contract - hereinafter referred to as the travel contract - which the booking party concludes with a tour operator either directly or through an intermediary. In the case of direct conclusion of the contract, the organiser is subject to the obligations of an intermediary. The organizer generally accepts the present GENERAL TRAVEL CONDITIONS, deviations are made apparent in all his detailed advertising documents according to §8 of the exercise regulations.
1. booking (conclusion of contract)
The travel contract is concluded between the person making the booking and the organiser 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 (assignment of the contract)
The client may transfer his contract to an assignee if the latter fulfils the same conditions in order to take advantage of the package (it must, in particular, be the same package, the same category of accommodation, the same number of participants, children of the same age, etc.). In this case, the transferor customer must inform his sales outlet by registered letter at least 7 days before the start of the package in question; he must also provide the surname, first name, address of the transferee and the participants in the package and prove that they meet absolutely the same conditions as he does in order to benefit from the package. The assigning customer and the assignee are jointly and severally liable for the package price and the assignment costs calculated in accordance with the following table; a new contract is drawn up in the name of the assignee customer:
- For package arrangements with arrival
- 30 days and more up to 7 days before the scheduled departure date (departure day not included): € 35,- per person and 100% of the costs passed on by the airlines;
- less than 7 days before the planned date of departure: no cession possible
- For package arrangements without arrival or "Village-Village": up to
- 7 days before the planned departure date (departure day not included): eur 35,- per person;
- less than 7 days before the scheduled departure date: no cession possible.
3. content of contract, information and other additional services
In addition to the information obligations which also apply to the retailer (namely information on passport, visa, foreign currency, customs and health regulations), the organiser must provide sufficient information about the service he offers. The description 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 upon at the time of booking. It is recommended, however, 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 organiser is not liable for the consequences arising in the course of the occurrence of the risks if this occurs outside of his compulsory area. This does not affect the tour operator's obligation to prepare the trip carefully and to carefully select the persons and companies commissioned to provide the individual travel services.
5. legal basis in case of service disruptions
The customer has a warranty claim in the event of non-delivery or defective delivery. The customer agrees that the organizer may provide him with a defect-free service or improve the defective service within a reasonable period of time in lieu of his claim to cancellation or price reduction. Remedy can be carried out in such a way that the defect is remedied or an equivalent or higher quality replacement service is provided, which also has the express consent of the customer.
5.2 Compensation for damages
If the organizer or his assistants culpably violate the obligations incumbent on the organizer from the contractual relationship, the organizer is obligated to compensate the customer for the resulting damages. As far as 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. It is therefore recommended that the customer does not take any objects of special value with him. Furthermore, it is recommended to keep the items taken along properly.
5.3 Notification of defects
The customer must immediately inform a representative of the organiser of any shortcoming in the fulfilment of the contract which he/she discovers during the trip. This presupposes that he has been informed of such a representative and that he can be contacted on the spot without considerable effort. Failure to make this notification does not alter the customer's warranty claims described under 5.1. It may, however, be credited to him as contributory negligence and thus reduce his possible claims for damages. However, the organiser must have informed the customer in writing of this obligation to notify, either directly or through the intermediary of the agent. At the same time, the customer must also have been informed that failure to notify the organizer does not affect his warranty claims, but that it can be credited as contributory negligence. In the absence of a local representative, it may be advisable to inform either the respective service provider (e.g. hotel, airline) or directly the organizer about defects and to request remedy.
5.4 Special liability laws
The organiser is liable for air travel in accordance with the Warsaw Convention and its supplementary agreement, and for rail and bus travel in accordance with the law on liability for rail and motor vehicles.
6. assertion of any 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, proof and witnesses. Warranty claims can only be made within 6 months. Claims for damages become time-barred after 3 years. It is recommended in the interest of the traveller to assert claims immediately after returning from the trip directly with the organiser or through the intermediary of the travel agency, as difficulties in providing evidence are to be expected with increasing delay.
7. withdrawal from the contract
7.1 Cancellation by the customer before the start of the journey
a) Cancellation without cancellation fee
Apart from the rights of withdrawal granted by law, the customer may withdraw free of charge, 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, including the travel price, are changed significantly
- 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% according to section 8.1 is such a change of contract. The Tour Operator is obliged to inform the customer of the change in the contract without delay, either directly or through the intermediary of the travel agency, and to inform the customer of the existing option of either accepting the change in the contract or withdrawing from the contract; the customer must exercise his right to choose without delay. If the organiser is at fault in the occurrence of the event entitling the customer to withdraw, the organiser shall be obliged to pay damages to the customer.
b) Right to compensation
If the customer does not make use of the cancellation options according to letter A and if the tour operator cancels the contract without the customer's fault, the customer can demand the fulfilment of the contract by participating in an equivalent other tour event instead of reversing the contract, provided that the tour operator is able to provide this service. In addition to the right to choose, the customer is also entitled to compensation 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 travel price and is based on the time of the cancellation and the type of travel. The travel price or package price is the total price of the contractually agreed service. The customer is entitled to withdraw from the contract in all cases not mentioned under letter A against payment of a cancellation fee. If the cancellation fee is unreasonable, it may be reduced by the court. Depending on the type of travel, the following cancellation rates apply per person: Attention: Changed cancellation conditions compared to the general valid travel conditions.
Special flights (charter), group IT (group package tours on scheduled services), coach company tours (multi-day trips), individual IT (individual package tours on scheduled services), rail company tours (except special trains) These cancellation rules also apply to all Club Med bookings without transportation (hotel bookings only or connected trips).
up to 30 days before departure 20%.
from 29th to 20th day before the start of the journey 40%.
from the 19th to the 8th day before the start of the journey 50%.
from 7th to 3rd day before departure 85%
from the 3rd day (72 hours) before the start of the journey 100% of the price of the journey
Due to airline ticketing conditions, part of the trip may be subject to special cancellation or non-refundable conditions. Not offered publicly Special programs such as incentive groups may have different cancellation conditions than those described above. Special conditions apply to hotel accommodation, holiday apartments, boat trips, one-day coach trips, special trains and scheduled flights at special rates. These must be stated in the detailed programme.
When withdrawing from the contract is to be considered: The customer (sold-to party) can inform the travel agency where the trip was booked at any time that he/she is withdrawing from the contract. In the event of cancellation, it is recommended that this
- by registered letter, or
- personally with a simultaneous written declaration.
No-show is present if the customer is absent from the departure because he/she lacks the will to travel, or if he/she misses the departure due to negligence or accident. If it is further clarified that the customer cannot or does not want to use the remaining travel service, the customer pays cancellation costs according to the cancellation conditions
7.2 Cancellation by the Organiser before the start of the journey
a) The organiser is released from the obligation to fulfil the contract if a minimum number of participants specified in the invitation to tender is not reached and the customer has been notified in writing of the cancellation within the periods specified in the tour operators' prescription 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 departure for trips of 2 to 6 days
- up to 48 hours before departure for day trips.
In this case the customer will be refunded the amount paid. If the organizer is at fault for not reaching the minimum number of participants, the customer can demand compensation for damages; this is a lump sum with the amount of the cancellation fee. The assertion of 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 invoking force majeure has no influence and the consequences of which could not have been avoided despite exercising 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 cases a) and b) the customer will be refunded the amount paid. He is not entitled to the right to choose according to 7.1.b, 1st paragraph.
7.3 Cancellation by the organiser after the start of the journey
The organiser is released from the fulfilment of the contract if the customer, within the framework of a group trip, disturbs the execution of the trip by grossly improper behaviour, despite a warning. In this case, the customer is obliged to compensate the organiser for the damage, if he is at fault.
8. change of the contract
8.1 Price changes
The organizer reserves the right to increase the price of the trip confirmed with the booking for reasons not dependent on his will, if the date of travel is more than 2 months after the conclusion of the contract. Such reasons are exclusively the change in transport costs - such as fuel costs - the details of 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, this must be passed on to the traveller. Within the two-month period, price increases can only be made if the reasons for them are individually negotiated at the time of booking and noted on the booking form. From the 20th day before the departure date there is no price change. A price change is only permitted if the agreed prerequisite is also provided for an exact specification for calculating the new price. The customer must be informed immediately of price changes and their circumstances.
If the travel price is changed by more than 10 percent, the customer may in any case withdraw from the contract without a cancellation fee (see section 7.1.a).
8.2 Changes in services after commencement of the tour
- In the case of changes for which the organizer is responsible, the regulations as described in section 5 (Legal basis in the event of service disruptions) apply.
- If, after departure, it turns out that a considerable part of the contractually agreed services is not or cannot be provided, the organizer shall take reasonable precautions, without additional payment, to ensure that the travel event can continue. Where such arrangements cannot be made or are not accepted by the customer for valid reasons, the organizer shall, where appropriate, provide an equivalent means of transport to the place of departure or to another place agreed with the customer, without additional charge. Furthermore, in the event of non-performance or defective performance of the contract, the organiser shall be obliged to make every effort to help the customer overcome any difficulties.
9. provision of information to third parties
Information about the names of the travellers and the whereabouts of travellers will not be given to third parties, even in urgent emergencies, unless the traveller has expressly requested the provision of information. The costs arising from the transmission of urgent messages shall be borne by the customer. It is therefore recommended that travel participants inform their relatives
to give the exact holiday address.
10. general information
The sections 7.1. lit.c, formerly lit.b (withdrawal), 7.1.lit.d, formerly lit.c (no-show) as well as 8.1. (price changes) listed under B were as non-binding association recommendation under 1 Kt 718/93-3, but are now entered in the Cartel Register under 25 Kt 793/96-3.
10. data protection
You can find further information on our data protection regulations at http://www.clubmed-urlaub.com/index.php/Banner?id=32.