Effective are the laws of the official "General Travel Conditions (ARB 1994)" in full together with the following amendments:
Adaptation to the amendment to the Consumer’s protection law BGBl. 247/93
Debated by the Consumer-political Counsel of the Federal Ministry of Health, Sports and Consumer’s Protection according to § 73 Abs. 1 GewO 1994 and § 8 of the decree of the Federal Ministry of Economic Affairs in the text of 1994 regarding the performances of travel agencies. The complete text can be looked into in any Austrian travel agency or requested by the tour operator.
1. Registration / Payment of tour price
1.1 Registration shall take place on the basis of the descriptions of services given in the brochure or on our website. You can register for a tour either in writing or online.
1.2 By registering for a tour/making a booking the customer offers to conclude a tour contract with RAD + REISEN GmbH with binding effect. The tour participant shall be bound to registration for the tour for a period of 10 days. The tour contract shall come into existence on the issue of confirmation by RAD + REISEN GmbH, whereby no special form shall be required for said confirmation. A written copy of the booking confirmation (= invoice) shall be transmitted on or immediately after conclusion of the contract.
1.3 On receipt of the booking confirmation/invoice on our part, a deposit of 20% per person shall become due however at the earliest 11 months pre tour end. The balance of the tour price shall become due for payment at the earliest 20 days before commencement of the tour. You will receive detailed documentation about the tour following receipt of the balance.
1.4. In the event of a bank remittance the customer shall ensure that the bank charges incurred in his own country are at his expense.
1.5 Where a simultaneous booking is made for at least six persons, we offer the RAD + REISEN group discount of between 4 - 7% on the basic price of the tour. Group discounts also apply to bonus cycle tours. This shall be conditional on collective registration and invoicing in addition to payment of the total tour price in 2 partial payments (deposit and balance). Where payment is effected in more than 2 partial payments (except in the case of additional services booked at short notice), the group discount will no longer apply.
2. Cancellation of tour – Substitutes - Changes to booking
2.1 The Customer may withdraw from the contract (cancel) at any time prior to commencement of the tour. Cancellation must be effected in writing. In the event of cancellation or no-show the following cancellation fees shall become due in relation to the tour price:
Up to the 28th day prior to departure 20%, however at least 50.- euros per person.
From the 27th day until the 14th day prior to departure 30%.
From the 13th day until the 8th day prior to departure 50%.
From the 7th until the 4th day prior to departure 70%.
From the 3rd day or with no-show for the tour 90%.
Insurance is not included in our tour prices.
Separate terms and conditions apply to ALL COMBINED CYCLE AND BOAT TOURS:
Up to the 84th day prior to departure 10%, however at least 50.- euros per person.
From the 83rd day until the 42nd day prior to departure 30%
From the 41st day until the 28th day prior to departure 60%
From the 27th until the 4th day prior to departure 80%
From the 3rd day or with no-show for the tour 90%
2.2 Changes required by the customer in relation to participants, accommodation, type of board, etc. are possible up to 28 days prior to commencement of the tour on payment of an administrative charge of 50.- euros for each change. Rebooking by the customer to another tour or date shall only be possible in the form of a cancellation (in accordance with the terms of cancellation item 2.1) and subsequent new booking of the tour.
2.3 Where the tour participant fails to avail himself of an individual tour service through his premature return due to illness or other reason for which RAD + REISEN is not responsible, the tour participant shall hold no entitlement to pro-rata reimbursement of said service.
3. Cancellation and termination by RAD + REISEN
3.1 Should a tour be cancelled for reasons beyond our control (strike, natural disaster, etc.) or should the specified minimum number of participants for a trip fail to be attained, RAD + REISEN shall be entitled to withdraw from the tour contract in accordance with the following provisions.
3.2 RAD + REISEN shall be obliged to immediately notify the tour participant of cancellation of the tour where it is certain that the tour cannot take place for the above reasons.
3.3 Should it not be possible for a tour to take place due to the failure to attain the minimum number of participants, RAD + REISEN shall be obliged to notify the tour participant at the latest three weeks prior to commencement of the tour.
3.4 Effected payments shall be the subject of immediate reimbursement. No further claims shall exist here, in particular as regards the reimbursement of cancellation costs for flights, train tickets, accommodation before/after the tour, etc. which have already been booked. We therefore recommend booking flights, etc. only when it is certain that the required tour will take place.
As regards the scope of the contractual services the description of services in the current RAD + REISEN catalogue for the tour period shall apply, not however any statements or undertakings to the contrary made by travel agents, brochures relating to destinations or hotels or by other third parties.
5. Liability and limitations of liability
5.1 RAD + REISEN shall be liable in the framework of the duty of care incumbent on a prudent businessman for diligent preparation of the tour, careful selection and monitoring of the service providers, in addition to the correctness of the descriptions of services applicable for the tour period at the time the catalogue is printed.
5.2 The participation in tours is at the tour participant’s own risk. Minors may only take part in a tour where accompanied by an authorised guardian.
5.3 Every tour participant shall be personally responsible for ensuring that he is in sufficiently good health to satisfy the requirements of the tour. The information relating to the physical requirements for the tour are given to the best of our knowledge and belief, albeit without any guarantee. Where a tour participant is unable to satisfy the physical requirements for a standard tour, he shall bear the sole responsibility in this regard.
5.4 The tour participant shall likewise bear responsibility for compliance with the road traffic regulations.
5.5 All means of transport (coach, ship, aircraft, etc.) shall be subject to the terms and conditions of carriage of the relevant transport company.
5.6 Should it be necessary to make a change in the tour route (e.g. due to the weather conditions, for reasons of safety, etc.) during the tour, this shall not give rise to any entitlement to a reduction in the tour price. In the case of tours by ship sections of the route may also be travelled by coach where necessary in nautical/technical terms. In the case of group tours and tours by ship the decision regarding a change in route should be solely incumbent on the tour escort or the captain of the ship.
5.7 Should a scheduled visit fail to take place for a reason beyond our control (e.g. conversion / renovation work, etc.), we cannot be held responsible in this regard.
5.8 Should damage occur which has been solely caused by a service provider selected by ourselves or which has not been caused by ourselves through intent or gross negligence, our liability – on whatever legal grounds – shall be limited to three times the price of the tour.
5.9 Should any loss of or damage to your luggage come about, we shall only be liable where this has been caused by ourselves and we are immediately informed following its occurrence. This shall however also be limited to a maximum of 200.- euros per person. We accept no liability whatsoever for items which are not normally contained in luggage, for means of payment of any nature, for cosmetic damage and damage to handles and castors or for damage to baggage items whose total weight exceeds 20 kg. We recommend taking out comprehensive travel insurance for such risks.
5.10 Liability for the Customer’s own bicycles is excluded. Where RAD + REISEN is responsible for transporting the Customer’s own bicycles, any resulting claims for compensation due to damage, loss or theft shall be excluded except where RAD + REISEN is accountable due to intent or gross negligence.
5.11 Our liability for damage of whatever nature shall be limited to instances of intent or gross negligence.
6. Adjustment of prices
6.1 RAD + REISEN reserves the right to adjust the price agreed in the tour contract accordingly in the event of any increase in the rate of value-added tax, carriage costs or charges for specific services such as port dues or airport taxes or with any change in the exchange rates applicable to the tour in question.
6.2 In the event of a subsequent change in the tour price RAD + REISEN must inform the tour participant immediately. Any price increases from the 20th day prior to commencement of the tour shall be invalid. In the event of price increases of more than 8% the tour participant shall be entitled to withdraw from the contract without charge.
7.1 Redress: Where the tour has not been carried out in accordance with the terms of contract, the Customer may seek redress. Compliance with the terms of contract shall be firstly determined by the description of services and secondly, also by the local customs and practices of the country of destination. RAD + REISEN may refuse to provide redress where this would incur disproportionately high costs; it shall however be entitled to offer redress in the form of substitute performance of equal or higher value. The Customer shall only be entitled to refuse such substitute performance for reasons considered to constitute good cause in objective terms. Any request for redress shall be addressed either directly to ourselves or to the local tour leader. The tour leader shall not however be authorised to allow such claims.
7.2 Discount on tour price: For the duration of the failure to carry out the tour in accordance with the terms of contract until redress is provided by RAD + REISEN, the Customer may on his return from the tour submit a written request for an appropriate reduction in the tour price (discount). The discount shall not apply where and so far as the tour participant fails through his own negligence to notify the parties specified in item 7.1 of the shortcoming in a timely manner to enable same to provide redress.
7.3 Any claims must be submitted to ourselves at the latest one month after the scheduled end of the tour according to the terms of contract.
8. Duty to cooperate
8.1 Where the tour participant does not receive his tour documentation in good time before the tour, he must notify RAD + REISEN at once.
8.2 With any disruption in performance the tour participant shall be obliged to make all reasonable efforts to help rectify the disruption and to minimise or avoid any damage resulting therefrom. The Customer shall in particular be obliged to immediately notify the party specified in item 8.1 of his complaints. This party shall be charged to ensure redress as far as this is possible. Where the Customer fails through his own negligence to issue notification of a shortcoming, no entitlement to a discount shall come into being.
9. Protection for customer monies
9.1 RAD + REISEN GmbH is listed under registration number 1998/0074 in the register of tour operators held by Austria’s Federal Ministry of Economic Affairs.
The package tours organised by RAD + REISEN are covered in the event of insolvency by a bank guarantee furnished by Raiffeisen Landesbank Burgenland, Raiffeisenstraße 1, A-7001 Eisenstadt, Guarantee No. 70.042.023 in accordance with Austria’s RSV travel agency insurance scheme. This applies to
a) payments already effected for tour services which were not rendered and
b) any costs incurred for return travel.
c) Where the organiser asks for Customer monies in the form of a deposit/advance payment more than 20 days prior to commencement of the tour, such monies shall not exceed 20% of the tour price. The increased level of protection (Section 4 Subsection 4 RSV) is ensured by the above-mentioned bank guarantee. In the event of insolvency all claims must be submitted to the claims adjuster at Europäische Reiseversicherung AG, Kratochwjlestraße 4, A-1020 Vienna, Tel: 01/3172500, Fax: 01/3199367 within 8 weeks following the occurrence of insolvency or the right to claim will be forfeited. Important information about insolvency protection: More than 20% of the tour price should not be paid as a deposit, and the balance should not be paid more than 20 days prior to commencement of the tour.
10.1 You shall be liable for any damage or loss to bicycles and equipment made available to yourself for the duration of the tour.
10.2 The customer shall be personally responsible for compliance with all regulations relating to passports, visas, customs and health.
10.3 We reserve the right to make changes to prices and services, and likewise to correct any mistakes or typographical errors.
10.4 The invalidity of individual provisions of the tour contract shall not result in the invalidity of the entire contract.
10.5 The legal venue shall be the registered office of the organiser.
RAD & REISEN GmbH
Tel.: 0043/1/405 38 73
FAX: 0043/1/405 38 73 17
Commercial register: FN103860K
Tour operator Index-Nr.: 1998/0074