Terms & Conditions
General travel conditions (ARB 1992)
The Consumer Protection Act BGBl. 247/93 and to the Warranty Law Amendment Act, BGBI. I No. 48/2001 apply.
The Consumer Policy Advisory Board of the Federal Minister of Health, Sport and Consumer Protection in accordance with Section 73 (1) GewO 1994 and Section 8 of the Ordinance of the Federal Minister for Economic Affairs (1994 version), on the exercise regulations for the travel agency industry (now Section 6, acc BGBl. II No. 401/98) apply.
The travel agency can act as a broker (section A) and/or as a tour operator (section B).
The broker assumes the obligation to endeavor to engage the services of others (organizers, transport companies, hoteliers, etc.).
The tour operator is the company that either offers several tourist services at a flat rate (package tour / travel event) or promises to provide individual tourist services and generally provides its own brochures, tenders, etc.
A company that acts as a tour operator can also act as a broker if third-party services are arranged (e.g. optional excursions at the holiday location), provided that this brokerage function is made clear.
The following conditions represent the contract text for which travel agencies usually conclude contracts as a broker (section A) or as a tour operator (section B) with their participants, in the context of the Consumer Protection Act.
The following applies to:
– the tour operator,
– brokered transport companies (e.g. train, bus, plane and ship) and
– the other negotiated service providers
A. THE TRAVEL AGENCY AS A BROKER
The following conditions form the basis of the contract (agency contract) that participants conclude with a broker.
1. Booking / Conclusion of Contract
The booking can be made in writing or verbally. Verbal bookings should be immediately confirmed in writing by the travel agency.
The travel agency should use booking forms that contain all the essential information about the participant’s booking, with reference to the travel description (catalog, brochure, etc.) on which the booking is based.
With regard to his own obligations and the brokered event operator’s services, the agent must point out the general travel conditions in accordance with § 6 of the regulations for the travel agency industry, demonstrably draw attention to any different travel conditions and, this being the case, hand them over before the contract is concluded.
As far as services from foreign entities (service providers, tour operators) are brokered, foreign law may also apply.
Anyone who makes a booking for him/herself or for a third party is thereby considered the participant and, unless otherwise stated, assumes the obligations associated with placing the order with the travel agency (payments, withdrawal from the contract, etc.).
When booking, the travel agency can request a processing fee and a minimum deposit. The remaining payment and the reimbursement of cash expenses (telephone expenses, telex costs, etc.) are payable to the travel agent upon delivery of the travel documents (this does not include personal documents) from the respective organizer or service provider.
Travel companies that accept bookings are obliged to send the participant a confirmation of the travel contract (travel confirmation) upon or immediately after the contract is concluded.
2. Information and other ancillary services
2.1. Information about passport, visa, foreign exchange, customs and health regulations
A valid passport is usually required for trips abroad.
The travel agency must inform the participant about the respective foreign passport, visa and health entry regulations as well as, on request, foreign exchange and customs regulations, insofar as these can be ascertained in Austria. In addition, the participant is responsible for compliance with these regulations. If possible, the travel agency will take care of obtaining any visa that may be required.
If possible and on request, the travel agency will provide information on special regulations for foreigners, stateless persons and holders of dual citizenship.
2.2. Information about the travel service
The travel agency is obliged to provide the tour operator’s or service provider’s services to the best of their knowledge, taking into account the peculiarities of the respective brokered contract and the circumstances at the respective destinations.
3. Legal status and liability
The liability of the travel agency extends to:
- the considered selection of the respective organizer or service provider as well as the careful evaluation of their level of experience;
- the proper provision of services, including appropriate information to the participant and delivery of travel documents;
- the demonstrable forwarding of advertisements, declarations of intent and payments between the participant and the brokered company and vice versa (such as changes in the agreed service and price, declarations of withdrawal, complaints).
The travel agency is not liable for the provision of the service arranged or provided by it.
The travel company must provide the participant with a confirmation of the company name (product name), the address of the tour operator and, if applicable, an insurer, unless this information can already be found in the brochure, catalog or other detailed advertising documents. If it does not do so it is liable to the participant as organizer or service provider.
If the travel agency violates the obligations incumbent on it from the contractual relationship, it is obliged to compensate the participant for the resulting damage if it does not prove that it is not responsible for intent or gross negligence.
For breaches of contract with diminished responsibility, the travel agency is obliged to compensate the participant for any damage resulting from this up to the amount of the commission for the brokered business.
B. THE TRAVEL AGENCY AS TOUR OPERATOR
The following conditions form the basis of the contract, hereinafter referred to as the travel contract, that the booking party concludes with an operator either directly or through an agent. In the case of a direct deal, the operator is obliged to act as a broker.
The operator recognizes the GENERAL TRAVEL CONDITIONS in question, deviations are made apparent in all its detailed advertising documents in accordance with § 6 of the regulations.
1. Booking / Conclusion of Contract
The travel contract is concluded between the booking party and the operator if there is agreement on the essential parts of the contract (price, service and date). This results in rights and obligations for the participant. When booking, the travel agency can request a processing fee and a minimum deposit. The deposit is paid no earlier than 11 months before the agreed end of the trip and is 10% of the travel price. The rest of the payment will be made at the earliest two weeks before the start of the trip, upon delivery of the travel documents to the participant. Payments made in advance or remaining payments may not be requested and are also not secured. If you register less than 14 days before the start of the trip, the entire amount must be paid immediately. If these terms of payment are not met, we are entitled to withdraw from the contract. The participant then has to pay the usual cancellation fees. The costs for the travel insurance taken out through us are to be paid together with the down payment, otherwise there is no insurance protection.
2. Change of the travelling person
A change of the person travelling is possible if the replacement person fulfills all the conditions for participation. Change 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 booker bears the resulting additional costs.
2.2. Transfer of the travel event
If the participant is prevented from starting the tour, he can transfer the contractual relationship to another person. The operator must be informed of the transfer either directly or through the agent within a reasonable period of time before the departure date. The tour operator can announce a specific deadline in advance. The transferor and the purchaser are liable for the unpaid payment and, if applicable, for the additional costs incurred by the transfer.
3. Contract, content, information and other ancillary services
In addition to the information obligations applicable to the broker (namely information on passport, visa, foreign currency, customs and health entry regulations), the operator must provide sufficient information about the service he offers. The services described in the catalog or prospect valid at the time of booking, as well as the other information contained therein, are the subject of the travel contract, unless otherwise agreed when booking. It is recommended that such agreements be made in writing.
The operator is not liable for the timely receipt of visas and vaccinations. Each participant is responsible for compliance with all passport, visa and health regulations important for the trip. All disadvantages, in particular the payment of cancellation costs, which arise from non-compliance with these regulations, are borne by the participant.
The scope of services can be seen in the descriptions in the brochure / detailed program, are valid for the travel period and from the travel confirmation. The operator reserves the right to change the original information even after the contract has been concluded, for objectively justifiable, unforeseeable reasons. The nature of a trekking or adventure trip, as well as climbing a mountain, may require changes from the original announcement in certain circumstances. This applies in particular to changes in road or path conditions, changes to flight plans, in the event of weather changes, arbitrary arbitration, etc. The invitations to tender represent the planned itinerary without specifying the actual itinerary in detail. The operator reserves the right to make changes to the travel program insofar as this is necessary and reasonable for technical reasons as a result of unforeseen circumstances or in the interest of a smooth travel process.
5. Travel with special risks
For trips with special risks (e.g. expeditions), the operator is not liable for the consequences that arise from risks that are outside of his area of responsibility.
Trips are designed for an independent mountaineer / hiker / traveler. All tours take place at your own risk under the guidance of a certified mountain guide / hiking guide / tour guide. A considerable degree of caution is expected from every participant. The operator assumes no responsibility for accidents, damage or other irregularities that arise during the active part of a trip. This is confirmed by the travel participant with his registration. The conditional, health and technical requirements for the travel participants, which are mentioned in the descriptions of each trip, must be taken seriously. No guarantee is given that we will reach the mountain peak or the fulfillment of subjective travel destinations. It is in the nature of travel that a certain residual risk and uncertainty remain for the booker. This does not affect the obligation of the tour operator to prepare the trip considerately and to carefully select the persons and companies commissioned to provide the individual travel services.
6. Legal, basis in the event of performance disruptions
The participant is entitled to a guarantee if the service is not provided or is rendered inadequate. The participant agrees that the operator will provide him with a defect-free service or improve the defective service within a reasonable period instead of changing or reducing the price. Action can be taken to remedy the defect or an equivalent or higher-quality replacement service can be provided, which also receives the express consent of the participant.
If the operator or his assistants culpably violate the obligations incumbent on the operator from the contractual relationship, the operator is obliged to compensate for the resulting damage.
Insofar as the tour operator is responsible for persons other than his employees, he is only liable – except in the case of personal injury – if he does not prove that they are neither intentional nor grossly negligent.
Except in the case of intent and gross negligence, the tour operator assumes no liability for objects that are usually not taken along, unless he has taken them into custody in the knowledge of the circumstances. The participant is therefore advised not to take any items of special value with them. It is also recommended that the items you take with you are properly stored or that you take out insurance.
6.3. Notification of defects
The participant must immediately notify a representative of the operator of any defect in the fulfillment of the contract which he ascertains during the trip. This presupposes that he has been notified of it and that it can be reached on site without any significant effort. The omission of this notification does not change anything under 6.1. warranty claims of the participant. However, it can be credited to him as contributory negligence and, in so far, reduce his possible claims for damages. However, the operator must have informed the participant in writing, either directly or through the agent, of this obligation to notify. Likewise, the participant must have been informed at the same time that an omission of the notification does not affect his warranty claims, but that it can be counted 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 the event operator directly about defects and request remedial action.
6.4. Special liability law
The operator is liable for air travel according to the Warsaw Convention and its additional agreement, for rail and bus travel under the Railway and Motor Vehicle Liability Act.
7. Assertion of any claims
In order to facilitate the assertion of claims, the participant is advised to obtain written confirmation of the non-performance or inadequate performance of services or to secure documents, evidence, and/or witnesses.
In the interest of the participant, it is advisable to assert claims immediately after returning from the trip directly to the operator or through the broker travel agency, since any increased delay can lead to difficulties in providing evidence.
8. Withdrawal from the contract
8.1. Cancellation by the participant before the start of the trip
- a) Withdrawal without cancellation fee
Apart from the statutory rights of withdrawal, the participant can withdraw without the operator having any claims against him in the following cases occurring before the start of the service:
If significant parts of the contract, including the travel price, are changed.
In any case, the thwarted purpose or character of the travel event, as well as in accordance with section 9.1. such an increase in the agreed travel price by more than 10 percent. The operator is obliged to explain the contract change to the participant immediately, either directly or through the broker travel agency. The participant must choose immediately, either to change the contract, to accept, or to withdraw from the contract.
If the operator is at fault for the event entitling the participant to withdraw, the operator is obliged to compensate him.
- b) Right to compensation
The participant can, if he has the legal right to withdraw, and in the event of cancellation by the tour operator through no fault of the participant, instead of cancelling the contract, request its fulfillment by participating in another equivalent tour event, provided the operator is able to provide this service.
In addition to this right to choose, the participant is also entitled to compensation for non-performance of the contract, unless 7.2. applies.
- c) Cancellation with cancellation fee
The cancellation fee is a percentage of the travel price and depends on the amount of notice for cancellation and the type of trip. The travel price or package price is the total price of the contractually agreed service.
The participant may not be legally entitled to a cancellation fee or to withdraw from the contract.
The following cancellation rates apply per person:
- Alpine region and trips that do not last longer than 6 days:
up to the 31st day before the start of the trip …………………………… 25%
from the 30th to the 10th day before the start of the journey ……. 50%
from the 9th to the 4th day before the start of the trip ……. 75%
from the 3rd day or if you do not start ………………………. 100%
of the travel price.
- Expedition and trekking trips and trips that last longer than 6 days
up to 61st day before the start of the trip …………………………… ..25%
from the 60th to the 31st day before the start of the trip …………………… ..50%
from 30th to 10th day before the start of the trip …………………… …. 75%
from the 9th day or if you do not start …… ……………….. …… ..100%
of the travel price.
8.2. Trip cancellation
If the trip is interrupted, there is no entitlement to repayment. A travel participant who, for whatever reason, leaves the group prematurely has no right to reimbursement of the travel price paid by him. Additional costs incurred due to the cancellation will be borne entirely by the participant.
The participant can at any time, inform the travel agency where the trip was booked that he is withdrawing from the contract. When canceling, it is advisable to do so
– by registered letter or
– personally and accompanied by a written explanation
8.3. Cancellation by the operator before the start of the trip
- a) The operator is exempted from fulfilling the contract if a minimum number of participants specified in the advertisement is not reached by the 20th day before the start of the trip and the cancellation has been communicated to the participant in writing within the period specified in the description of the travel event.
- b) The cancellation is due to force majeure, i.e. due to unusual and unpredictable events over which the person claiming force majeure has no influence and the consequences of which could not have been avoided despite the care taken. This does not include overbooking. It does include government instructions, strikes, war or war-like conditions, epidemics, natural disasters, etc.
- c) In cases a) and b), the participant receives the amount paid back. The right to choose according to 7.1.b, 1st paragraph applies. No further claims exist.
8.4. Cancellation by the operator after the start of the trip
- a) The operator is released from the performance of the contract if the participant, as part of a group tour, permanently disrupts the trip through grossly improper behavior, regardless of a warning.
In this case, the participant is obliged to compensate the operator if he is at fault. Additional costs incurred for an early return trip will be borne entirely by the participant.
- b) The operator is entitled to cancel the trip due to force majeure, i.e. due to unusual and unpredictable events over which the person claiming force majeure has no influence and the consequences of which could not have been avoided despite the care taken. This includes government orders, strikes, war or conditions similar to war, epidemics, natural disasters, etc. The same also applies if events are not started or canceled due to external circumstances (risk of avalanches, extreme weather conditions, return due to injury to a participant, etc.). The travel participants are entitled to a proportional reimbursement of the expenses not incurred if the operator can cancel the contracts with the service providers on site. Additional costs are to be borne by the participants.
9. Changes to the contract
9.1. Price changes
The operator reserves the right to increase the travel price confirmed with the booking for reasons that are out of his control, provided that the travel date is more than two months after the contract was concluded. Such reasons can be due to a change in transportation costs – such as fuel costs – in taxes for certain services, such as landing fees, embarkation or disembarkation fees in ports and corresponding fees at airports, or the exchange rates to be used for the travel event in question. If the price is reduced for these reasons, it must be passed on to the participant.
Price increases can only be made within the two-month period if the reasons for this were negotiated in detail when booking and noted on the booking form. A price change is only permissible if the exact calculation of the new price is provided. The participant must be informed of price changes and their circumstances immediately.
From the 20th day before the departure date there is no price change.
If the travel price changes by more than 10 percent, the customer can withdraw from the contract without a cancellation fee (see section 7.1.a.).
9.2. Service changes after the start of the trip
– In the event of changes for which the operator is responsible, the regulations as outlined in section 5 (legal basis for service disruptions) apply.
– If it turns out after departure that a significant part of the contractually agreed services are not or cannot be provided, the operator must take appropriate precautions without additional payment so that the travel event can continue to be carried out. If such arrangements cannot be made or if they are not accepted by the participant for valid reasons, the operator may have to provide an equivalent option to transport the participant to the place of departure or to another place agreed with him, without additional payment. The organizer is further obliged to do everything in his power to help the customer to overcome difficulties in the event of non-fulfillment or inadequate fulfillment of the contract.
10. Insurance of travel participants
The operator recommends the conclusion of a travel insurance package, which includes travel cancellation, accident, salvage and return transport, etc. This insurance is voluntary and is charged to the participant. The operator can pass on all the necessary information and assist in taking out the insurance.
11. Rental equipment
Repair costs for borrowed equipment that has been damaged by the participant through normal wear and tear will be borne by the participant. Lost material must also be replaced by the participant.
The tour operator is Himalayan Expeditions KECK GmbH, Berchat 359, A-6135 Stans, Austria.
Participants funds are protected in accordance with EU package travel guidelines of June 13, 1990 (90/314 / EEC, Article 7) and in Austrian law in accordance with the travel agency security regulation BGBL.II No. 47/2003. The operator is registered in the tour operator directory of the BMWA with registration number 2013/0020. Collateral is provided by the Bank für Tirol u. Vorarlberg, A-6130 Schwaz. All claims must be submitted within 8 weeks of insolvency at: Europäische Reiseversicherung AG, Kratochwjlestrasse 4, A-1220 Vienna
Service Center: Tel: 43 1 317 25 00 / Fax: +43 1 319 93 67
13. Place of jurisdiction
The place of jurisdiction of the operator is at its headquarters.
14. Other provisions
The ineffectiveness of individual provisions of these general terms and conditions does not result in the ineffectiveness of the entire terms and conditions.
Should any discrepancy occur between the English and German version of these Terms and Conditions, the German version shall prevail.