GENERAL TERMS AND CONDITIONS
I. General Terms and Conditions for the Arranging of Travel by Imst Tourismus
(General Terms and Conditions of Brokerage)
Version from 03.05.2019
Travel agent:
Imst Tourismus (hereinafter: "TVB")
Managing Director:
Johannesplatz 4, 6460 Imst, Austria
Telephone: +43 (0) 5412 6910
Fax: +43 (0) 5412 69108
E-mail: info@imst.at
Web: www.imst.at
UID: ATU44682802
1. scope of application
1.1 These General Terms and Conditions ("GTC") apply to the mediation of travel services by the TVB, irrespective of whether this takes place via the online booking system or in any other way (in writing, verbally, by fax or by telephone). These General Terms and Conditions thus determine the content of the agency contract between the guest and the TVB on the one hand, and the content of the travel contract between the guest and the accommodation provider on the other.
1.2 These General Terms and Conditions do not apply if the TVB acts as an organiser of package tours (the package tour contract is concluded directly between the TVB and the guest). In this case, the "General Terms and Conditions for the Booking of Package Tours with Imst Tourismus (GTC Event)" shall apply. The term "package holidays" according to these GTC is congruent with that according to the Federal Act on Package Travel and Related Travel Services (Package Travel Act, "PRG"; Section 2 (2) PRG).
2. contractual relationship between the tourism association and the guest
The TVB offers guests the opportunity to book third-party travel services. In this context, the TVB does not offer any travel services on its own responsibility. By making a booking, only a (free) agency contract is concluded between the guest and the TVB. Package holidays are not arranged, which is why the provisions of the Package Travel Act (PRG) do not apply to this agency contract. The General Terms and Conditions of Travel (ARB 1992) also do not apply to the agency contract
3. contractual relationship between the accommodation provider and the guest
3.1 Conclusion of the travel contract
When arranging holidays, the TVB acts as an agent on behalf of the guest and declarations of intent are passed on to the accommodation provider concerned. By making a booking, the guest submits an offer to the accommodation provider to conclude a contract. The contract is concluded upon written (e.g. by e-mail) acceptance by the TVB or the accommodation provider (dispatch of a booking confirmation).
3.2 Applicable provisions
Unless otherwise agreed in the individual agreement or in these GTC (e.g. different cancellation or payment conditions), the General Terms and Conditions for the Hotel Industry 2006 (AGBH 2006) shall apply to the travel contract concluded between the guest and the accommodation provider. These are linked separately in the booking process and are always available at https://www.imst.at/agb .
The contractual relationship between the guest and the accommodation provider is thus determined by the individual agreement, these GTC and the AGBH 2006. In the event of deviations in content, the individual agreement shall take precedence over the other contractual components and these GTC shall take precedence over the AGBH 2006.
Special requirements of the guest shall only become part of the contract if they are specified in the booking process and expressly accepted by the TVB or the accommodation provider.
The guest must familiarise himself with the applicable house rules of the accommodation provider and comply with them. This applies, for example, to the possibility of bringing animals into the accommodation establishment.
4 Payment
The prices quoted in the booking offer are in euros (€), including VAT. Other costs and additional charges (e.g. local taxes) are shown separately.
The applicable terms of payment and the accepted means of payment are specified individually in the offer. Detailed information on the applicable regulations can be found in the offer and in the booking confirmation.
If credit card payments are possible, the credit card will also be partially authorised via the TVB system when paying by credit card. The data will be forwarded to the accommodation provider for debiting. Any remaining holiday price plus local tax must be paid by the guest directly to the accommodation provider.
5 Notifications by the guest
Notifications by the guest regarding changes and cancellations can only be made to the accommodation provider specified in the booking confirmation. After conclusion of the contract between the guest and the accommodation provider, the TVB assumes no liability for the forwarding of notifications, declarations of intent etc. between the guest and the accommodation provider.
6. accommodation providers
6.1 Hotel classifications
Any hotel classification is based on an inspection of the accommodation establishment by the Austrian Hotel Association of the Austrian Federal Economic Chamber.
6.2 Information on the accommodation establishment
The information contained on the booking platform about the accommodation establishment (facilities, etc.) is based on the accommodation establishment's own information. The TVB assumes no liability for this information.
7. rights of withdrawal, cancellation, early departure
7.1 Cancellation rights
For travel services arranged by the TVB, there is no right of cancellation for consumers in accordance with the FAGG (§ 18 Para. 1 Z 10 FAGG).
The accommodation provider shall be entitled to the cancellation rights pursuant to Sections 5.1 to 5.4 of the AGBH 2006.
7.2 Withdrawal by the guest - "cancellation"
Unless otherwise individually agreed, the cancellation provisions of the GTCH 2006 (Sections 5.5 and 5.6 of the GTCH 2006) shall apply to the arranged travel contract in the event of withdrawal by the guest ("cancellation"):
Up to 3 months before the agreed date of arrival of the guest at the latest, the accommodation contract may be cancelled without payment of a cancellation fee by unilateral declaration by the contracting party.
Outside the period specified in the previous paragraph, cancellation by unilateral declaration by the contracting party is only possible subject to payment of the following cancellation fees:
at least 3 months before the date of arrival no cancellation fees
3 months to 1 month before the date of arrival 40 % of the total package price;
up to 1 week before the date of arrival 70 % of the total package price;
90 % of the total package price in the last week before the arrival date.
If the guest cancels the booking (within 3 months before arrival), the accommodation provider is entitled to retain the deposit for the accommodation in the case of travel contracts arranged by the TVB and the guest is obliged to pay the remaining cancellation fee according to the above list.
Apart from this, individual cancellation conditions can also be stipulated. Detailed information on the applicable cancellation conditions can be found in the offer and in the booking confirmation.
7.3 Early departure of the guest
If the guest departs prematurely, the accommodation provider remains entitled to demand the full agreed remuneration. However, the Proprietor shall deduct what it has saved as a result of the non-utilisation of the services or what it has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the respective accommodation establishment is fully booked during the relevant period and the room can be rented to other guests as a result of the guest's cancellation.
8 Data protection
8.1 The guest acknowledges that various personal data will be processed when contacting the TVB (enquiry, booking, stay, etc.). Details can be found in the TVB's privacy policy, which is available online(https://www.imst.at/datenschutz) or in the TVB's offices. The guest acknowledges and agrees to this privacy policy.
9 Passport and visa regulations
The guest is responsible for complying with all passport, visa, customs and foreign exchange regulations as well as all health formalities.
10 Insurance
10.1 The TVB itself does not offer travel insurance. The conclusion of travel cancellation, travel liability, health and accident insurance is recommended.
11. final provisions
11.1 This agency contract and all disputes arising from it are subject to Austrian substantive law, with the exception of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect the protection offered by the mandatory legal provisions of the country in which a consumer has his habitual residence.
11.2 Outside the scope of application of the Brussels I Regulation and the Austrian Consumer Protection Act (KSchG), the Austrian court with subject-matter and local jurisdiction for the registered office of the TVB shall have exclusive jurisdiction for disputes arising from this contractual relationship.
11.3 The place of fulfilment for all services of the TVB and its vicarious agents is A-6460 Imst.
11.4 If no agreement can be reached with a consumer in a dispute, we will notify the arbitration board for consumer transactions(http://verbraucherschlichtung.or.at) as the competent state-recognised arbitration board within the meaning of the AStG (Alternative Dispute Resolution Act). The European Commission also provides a platform for online dispute resolution (OS), which can be accessed at https://ec.europa.eu/consumers/odr/main. However, the TVB does not participate in out-of-court dispute resolution procedures. Internal complaints procedures are also not used. If you have any suggestions or complaints, please contact info@imst.at.
11.5 Agreements that deviate from or supplement these GTC must be made in writing in order to be valid. This also applies to any waiver of the written form requirement.
11.6 Communication and the conclusion of the contract (contract language) shall be exclusively in German. These GTC may be amended or revised at any time. The GTC shall then apply from the day following the new publication on the website https://www.imst.at.
11.7 The invalidity of one or individual provisions of these GTC or of the contractual relationship governed by the GTC shall not affect the validity of the remaining agreement. The contracting parties undertake to replace the invalid provision(s) with a provision that comes as close as possible to the economic effect of the invalid provision(s).
II General Terms and Conditions for the booking of package holidays with Imst Tourismus
(General Terms and Conditions Event)
Version from 21.12.2018
Package tour organiser:
Imst Tourismus (hereinafter: "TVB")
Managing Director: Bernd Kiechl, BA MA
Johannesplatz 4, 6460 Imst, Austria
Telephone: +43 (0) 5412 6910
Fax: +43 (0) 5412 69108
E-mail: info@imst.at
Web: www.imst.at
UID: ATU44682802
GISA number: 21405587
1. scope of application
These General Terms and Conditions ("GTC") apply to the booking of "package holidays" with Imst Tourismus, regardless of whether they are made via the online booking system or in any other way (in writing, verbally, by fax or by telephone).
The term "package holidays" according to these GTC is congruent with that according to the Federal Act on Package Travel and Related Travel Services (Package Travel Act, "PRG"; Section 2 Para. 2 PRG).
These terms and conditions do not apply if the TVB merely acts as an agent for travel services (the travel contract is concluded directly between the accommodation provider and the guest); in this case, the "General Terms and Conditions for the Arranging of Travel by Imst Tourismus (AGB-Vermittlung)" apply.
2. contractual relationship between Imst Tourismus and the guest
In the case of package tours provided by the TVB as the organiser, the guest makes his/her booking directly with the TVB.
With the booking, the guest submits an offer to the TVB to conclude a contract. The contract is concluded by written confirmation (e.g. by e-mail) from the TVB.
The travel contract between the TVB and the guest is determined by the individual agreement in the booking process and these GTC. The subject of the contract is the provision of travel services by the TVB, whereby the TVB also engages the services of vicarious agents.
The General Terms and Conditions of Travel (ARB 1992) recommended by the Association of Travel Agencies in agreement with the Travel Agency Committee of the Consumer Policy Advisory Board shall not apply due to the lack of adaptation to the current legal situation. Special requirements of the guest shall only become part of the contract if these are specified in the booking process and expressly accepted by the TVB.
The TVB is authorised to make "insignificant" changes to the contract within the meaning of Section 9 (1) PRG. The guest will be informed of such changes accordingly. In addition, the TVB may also propose changes to the contract to the guest within the meaning of § 9 Para. 2 PRG; if the guest does not agree to these changes to the contract and does not wish to accept any alternative offer that may be made, the guest has the right to cancel the contract without compensation.
The guest must familiarise himself with the applicable house rules of the accommodation provider and comply with them. This applies, for example, to the possibility of bringing animals into the accommodation establishment.
3. provision of travel services and local representatives
Various vicarious agents are used to provide the contractually agreed travel services. Nevertheless, the TVB as the organiser is responsible for the proper provision of all travel services provided for in the package travel contract.
If a guest encounters difficulties during the trip, the TVB is obliged and willing to provide immediate and appropriate assistance. This can be done in particular by providing suitable information about health services, local authorities and consular assistance, as well as by providing support in establishing long-distance communication links and in finding alternative travel arrangements. The TVB may demand reasonable compensation for its assistance if the guest's difficulties were caused intentionally or negligently. This compensation may not exceed the actual costs incurred.
Should the guest find himself in difficulties or wish to complain about a breach of contract, he can contact the TVB, which is located in the immediate vicinity of the holiday destination, directly. The contact details of the TVB can be found at the top of this document.
4 Prices, terms of payment and payment methods
The prices quoted in the booking offer are in euros (€), including VAT. Other costs and additional charges are shown separately.
The customer must pay a deposit of 10% to the TVB upon conclusion of the contract, but no earlier than 11 months before the agreed end of the holiday. The entire remaining travel price is to be paid by the customer - step by step against delivery of the travel documents - 20 days before the start of the trip.
Payment can be made by credit card (MasterCard, VISA), Paypal or by advance bank transfer to a TVB bank account specified during the booking process.
5 Warranty, compensation for damages
In the event that contractually agreed travel services cannot be provided by the TVB or can only be provided inadequately or in the event that the guest suffers damage, the rights to which the contracting parties are entitled shall be governed by the statutory provisions, in particular §§ 11 f PRG.
Any breaches of contract that the guest becomes aware of during the provision of the travel services agreed in the travel contract must be reported to the TVB immediately, taking into account the respective circumstances. The contact details of the TVB can be found at the top of this document. If the defect is not reported (in good time), this can be counted as contributory negligence on the part of the guest.
Except in cases of intent and gross negligence, the TVB is not liable for damage to items that are not normally taken on holiday. This does not apply if the TVB has taken these items into separate safekeeping. The guest is therefore advised not to take any items of particular value with them and to store the items they have taken with them properly.
The guest shall be liable to the TVB or the accommodation provider for any damage culpably caused by him or other persons who accept services from the TVB or the accommodation provider with the knowledge and will of the guest.
6. rights of cancellation
The guest has the right to withdraw from the travel contract at any time before departure without giving reasons. Unless § 9 Para. 2 PRG applies (cancellation without compensation for package tours), the guest must pay the following flat-rate compensation depending on when the cancellation notice is received by the TVB:
up to the 60th day before the start of the holiday: 10% of the total price of the package holiday;
from the 59th day to the 30th day before departure: 50% of the total price of the package holiday;
from the 29th day to the 8th day before departure: 70% of the total price of the package holiday;
from the 7th day before departure: 90% of the total price of the package holiday.
up to the 60th day before departure: 10%
59th - 30th day before departure: 50%.
29th - 8th day before departure 70%
85% from the 7th day before departure
2. in the event of non-commencement of the trip without timely (at least 3 days before the contractual start of the trip) prior notification of the TVB by the guest ("no show"), a flat-rate compensation amounting to 95% of the price of the accommodation service shall be payable.
3. there is no right of cancellation under the FAGG for package tours organised by the TVB (§ 1 para. 2 no. 8, § 18 para. 1 no. 10 FAGG).
4. if the guest departs prematurely, the TVB remains entitled to demand the full agreed remuneration. However, the TVB shall deduct what it has saved as a result of the non-utilisation of the services or what it has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the respective accommodation establishment is fully booked in the relevant period and the room can be rented to other guests due to the guest's cancellation. The guest bears the burden of proof of the saving.
5. if a minimum number of participants is stated in the booking documents, the TVB reserves the right to cancel the trip up to 7 days (for trips up to six days) or 20 days (for trips of seven days or more) before the start of the trip if the minimum number of participants is not reached.
6. if the TVB is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances, it may withdraw from the contract without compensation in accordance with § 10 para. 3 no. 2 PRG.
7 Transfer of the package holiday contract
The guest has the right to transfer the package travel contract to another person who fulfils all contractual conditions in accordance with § 7 Para. 1 PRG. The TVB must be informed of the transfer of the contract on a durable medium within a reasonable period before the start of the holiday. In the event of a transfer, the transferor and the person to whom the contract is transferred shall be jointly and severally liable for the outstanding amount of the travel price, the additional fees, charges and other costs incurred as a result of the transfer.
8. premature termination of the package travel contract
The TVB is entitled to terminate the package travel contract with immediate effect if the guest makes significantly detrimental use of the rooms provided or if the guest's inconsiderate, offensive or otherwise grossly improper behaviour makes living together unpleasant for the other guests or the owner or if the guest is infected with a contagious disease. In this case, the guest may not demand compensation for services from the original package holiday contract that can then no longer be consumed.
9. data protection
The guest acknowledges that various personal data will be processed when contacting the TVB (enquiry, booking, stay, etc.). Details can be found in the TVB's privacy policy, which is available online(https://www.imst.at/impressum) or in the TVB's offices. The guest acknowledges and agrees to this privacy policy.
10 Passport and visa regulations
Citizens of EU states, EEA states and Switzerland do not require a visa to enter the Republic of Austria (but must carry travel documents). All other nationals are subject to visa requirements when entering the Schengen area or the federal territory of Austria. For visiting stays (without gainful employment) of up to 90 days per 180-day period, these persons therefore require a Schengen visa. Nationals of certain countries are exempt from this visa requirement. Further information on the special passport and visa requirements as well as the necessary health formalities can be obtained from the Federal Ministry for Europe, Integration and Foreign Affairs(https://www.bmeia.gv.at). According to the information currently available there, a visa application should be submitted at the earliest 3 months and at the latest 3 weeks before travelling.
The guest is responsible for complying with all passport, visa, customs and foreign exchange regulations as well as all health formalities.
11. insolvency insurance
The TVB is insured against insolvency by means of a bank guarantee from Sparkasse Imst AG. Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, +43 (0) 1 317 25 00, will check and process the guest's claims in accordance with the PRV and the processing agreement. The guest must contact the processor within 8 weeks if services are refused due to the insolvency of the TVB. Details of TVB's authorisation to provide travel services can be found at https://www.gisa.gv.at/abfrage under the GISA number 21405587.
12. insurance
The TVB itself does not offer travel insurance. The conclusion of travel cancellation, travel liability, health and accident insurance is recommended.
13. choice of law, place of jurisdiction, dispute resolution
This contractual relationship shall be governed exclusively by Austrian law with the exception of the conflict of law rules of private international law. Outside the scope of application of the EuGVVO and the KSchG, the Austrian court with subject-matter and local jurisdiction for the registered office of the TVB shall have exclusive jurisdiction for disputes arising from this contractual relationship.
The place of fulfilment for all services of the TVB and its vicarious agents is A-6460 Imst.
If no agreement can be reached with a consumer in a dispute, we will inform the arbitration board for consumer transactions(http://verbraucherschlichtung.or.at/) as the competent state-recognised arbitration board within the meaning of the AStG (Alternative Dispute Resolution Act). The European Commission also provides a platform for online dispute resolution (OS), which can be accessed at http://ec.europa.eu/consumers/odr. However, the TVB does not participate in out-of-court dispute resolution procedures. Internal complaints procedures are also not used. If you have any suggestions or complaints, please contact info@imst.at.
14 Final provisions
Agreements that deviate from or supplement these GTC must be made in writing in order to be valid. This also applies to any waiver of the written form requirement.
These GTC may be amended or revised at any time. The GTC shall then apply from the day following the new publication on the website www.imst.at.
The invalidity of one or individual provisions of these GTC or of the contractual relationship governed by the GTC shall not affect the validity of the remaining agreement. The contracting parties undertake to replace the invalid provision(s) with a provision that comes as close as possible to the economic effect of the invalid provision(s).
III. GENERAL TERMS AND CONDITIONS FOR THE HOTEL INDUSTRY
The general terms and conditions for the hotel industry represent the contractual content on which Austrian accommodation providers usually conclude accommodation contracts with their guests - PDF file:
GERMAN I ENGLISH
