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 20%, 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.
4. Services and Prices
4.1. The scope of the services, which RAD + REISEN GmbH is obliged to perform, is set out in the contents of the booking confirmation in association with the catalogue or cruise description valid at the time of the cruise, subject to all the information and explanations contained therein, including any individual agreements.
4.2. Connecting journeys by train/coach/plane must be organised and booked by the customer himself. Upon request, RAD + REISEN GmbH is prepared to act as an agent for arranging such connecting journeys.
4.3. Any concessions arising from the age of the customer shall be based on the customer’s age on the date of the start of the cruise.
5. Changes to contractual content before the start of the trip that do not affect the travel price
5.1 Deviations in essential characteristics of the travel services from the agreed content of the travel contract which were not caused by RAD + REISEN GmbH in bad faith and which become necessary after the conclusion of the contract shall be permitted vis-à-vis RAD + REISEN GmbH before the start of travel if the deviations are not of major significance and do not impair the overall nature of the trip booked.
5.2. RAD + REISEN GmbH is obliged to clearly and comprehensibly inform the customer of changes to services immediately after it becomes aware of the reason for such on a durable medium (e.g. also by email, text message or voice message) in a manner that highlights the change. In the event of a significant change to an essential characteristic of a travel service or a deviation from the customer’s particular specifications that have been included in the travel contract, Section 651g BGB applies. If the change affects the content of the travel contract, the customer shall be entitled, within a suitable period set by RAD + REISEN GmbH, at the same time as communication of the change to either accept the change, cancel the travel contract without charge or request a place on a substitute trip if RAD + REISEN GmbH has offered such a trip. The customer may choose to respond, or not respond, to the communication from RAD + REISEN GmbH. If the customer responds to RAD + REISEN GmbH, he/she may either agree to the change, request a place on a substitute trip if such has been offered or cancel the contract free of charge. If the customer does not respond to RAD + REISEN GmbH at all or within the period set, the communicated change shall be deemed to have been accepted. RAD + REISEN GmbH will draw the customer’s attention to this fact in the communication regarding the service change in accordance with 4.2 in a clear, comprehensible manner that highlights the change.
5.3. Any warranty claims shall remain unaffected insofar as the changed services are deficient. RAD + REISEN GmbH is obliged to inform the customer about deviations from services without delay. In the event of significant deviations in the travel services from the agreed content of the travel contract before the start of the trip, the customer shall be entitled to cancel the contract. Following the communication from RAD + REISEN GmbH, the customer shall be obliged to assert this cancellation right without delay.
5.4. If the carriage costs, in particular fuel costs, increase in relation to those which existed at the time of the conclusion of the travel contract, RAD + REISEN GmbH will increase the price of the cruise in accordance with the following calculation:
a) In the case of an increase relating to an individual seat, RAD + REISEN GmbH may demand an increased amount from the customer.
b) In other cases, the additional amount demanded by the transport company per means of transport will be divided by the number of seats on the agreed means of transport. RAD + REISEN GmbH may demand from the customer the increased amount for an individual seat calculated in this way.
5.5. If charges such as taxes, port or airport fees which existed at the time the contract was concluded are increased to the detriment of RAD + REISEN GmbH, the travel price may be increased by a corresponding proportional amount.
5.6. Such increases shall only be permissible insofar as the period between the conclusion of the contract and the agreed date of the cruise is longer than four months and the circumstances leading to the increase had not occurred before the contract was concluded and were unforeseeable for RAD + REISEN GmbH at the time the contract was concluded. In the event of a later change to the travel price, RAD + REISEN GmbH must inform the customer without delay. Price increases after the 20th day before the start of the cruise shall be invalid. If the price increases by more than 8%, the customer shall have the right to cancel the contract without charge or request a place on a trip of at least the same value, provided that RAD + REISEN GmbH is in a position to offer the customer such a trip without additional charge from among those it has on offer. After being informed by RAD + REISEN GmbH about the price increase, the customer shall be obliged to assert this right without delay.
5.7. RAD + REISEN GmbH is obliged to pass on price reductions to the customer in accordance with the above.
6. Liability and limitations of liability
6.1 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.
6.2 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.
6.3 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.
6.4 The tour participant shall likewise bear responsibility for compliance with the road traffic regulations.
6.5 All means of transport (coach, ship, aircraft, etc.) shall be subject to the terms and conditions of carriage of the relevant transport company.
6.6 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.
6.7 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.
6.8 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.
6.9 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.
6.10 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.
6.11 Our liability for damage of whatever nature shall be limited to instances of intent or gross negligence.
7. Adjustment of prices
7.1 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.
7.2 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.
8.1 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.
8.2 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.
8.3 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.
9. Duty to cooperate
9.1 Where the tour participant does not receive his tour documentation in good time before the tour, he must notify RAD + REISEN at once.
9.2 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.
10. Protection for customer monies
10.1 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.
11. Key rights under Directive (EU) 2015/2302
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
12.1 You shall be liable for any damage or loss to bicycles and equipment made available to yourself for the duration of the tour.
12.2 The customer shall be personally responsible for compliance with all regulations relating to passports, visas, customs and health.
12.3 We reserve the right to make changes to prices and services, and likewise to correct any mistakes or typographical errors.
12.4 The invalidity of individual provisions of the tour contract shall not result in the invalidity of the entire contract.
12.5 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