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General Travel Conditions (ARB1992)
By request we will send you the extended version
Deliberated jointly in the Advisory Council for Consumer Affairs of the Federal Ministry for health, Sport and Consumer Protection in accordance with §73 subsection 1 Industrial Code and §8 of the Regulation of the Federal Minister for Economic Affairs in the 1994 version concerning the Regulations for the licence to Pursue the Trade of a Travel Agency.
The Travel agency shall be entitled to act as agent (section A) and/or as operator (Section B). The agent assumes the obligation to endeavour to procure a claim to services performed by others (operator, transport company, hotelier etc.). The operator is the company which either offers several tourist services for a package price (package tour/organised tour) or promises to provide individual tourist services themselves and generally makes available their own brochures, advertisements etc. A company which acts as a tour operator can also act as agent of services rendered by third parties are procured (optional excursion at the holiday resort) in as far as they indicate this function as agent.
The conditions listed below represent those conditions according to which travel agencies acting either as agent (section A) or as operator (section B) usually conclude their contracts with their customers/travellers (note: in the sense of Consumer Protection Act).
Special Conditions - of the tour operator acting as agent - the transport services procured (e.g. rail, bus, aeroplane and ship) and -other providers of services which are procured have priority.
A. The Travel Agency as Agent
The following conditions are the basis for the contract (Agency Agreement) which the customer concludes with an agent.
1. Booking/Concluding the Contract
A booking may be made in writing, verbally or by telephone (Bookings which are made by telephone should be confirmed immediately by the travel agency). Travel agencies should use booking forms which show all important details of the order placed by the customer, referring to the advertisements which formed the basis for the booking (catalogue, brochure etc.). The agent must refer to these GENERAL CONDITIONS OF TRAVEL with regard to the services rendered by himself and the services of the operator procured by him in accordance with the Regulations for the Licence to Pursue the Trade of Travel Agent, and must draw special attention to conditions of travel which deviate from them and in such a case to deliver them before conclusion of the contract. Insofar as the services of foreign companies are procured (supplier of services, tour operator) foreign law may also become applicable. The person who undertakes a booking for another is counted as the principal and, of a declaration to other effect is lacking, accepts the obligations resulting from an order being placed with the travel agent (payment, cancellation of the contract etc.). The travel agent is entitled to demand a processing fee and a (minimum) deposit. The remaining payment as well as the refund of cash expenses (telephone charges, telex costs etc.) must be made when the travel documents (personal documents are not included) of the tour operator or supplier of services are handed over at the travel agency. Travel companies which accept bookings are obliged to give the traveller, upon or immediately after the conclusion of contract, confirmation of the travel contact (confirmation of the travel contract).
2. Information and other additional services
2.1. Information concerning passport, visa currency, customs and health regulations.
It is presumed that it is known that possession of a valid passport is generally required for journeys abroad. The travel agency must inform the customer of foreign passport, visa and health requirements which go above and beyond this, and also on request provide information concerning currency and customs regulations insofar as this can be obtained in Austria (especially from TIM). Otherwise the customer is responsible for adhering to these regulations. If possible the travel agency undertakes to acquire any necessary visa for a fee. On request the travel agency provides information concerning special regulations applicable to foreigner, stateless persons as well as persons with dual nationality.
2.2. Information about travel services
The travel agency is obliged to represent the services of the tour operator or providers of services according to his best knowledge taking in to account the peculiarities of the contract secured and to point out the conditions in the country of destination or resort destination.
3. Legal status and liability
The travel agency's liability covers - the careful selection of the tour operator or supplier of services as well as the careful evaluation of past experience. - the perfect procurement of services including providing appropriate information for the customer and handing over travel documents. - the proven transmittal of notification, declarations of will and payments between the customer and the companies upon whose behalf the travel agency acted as agent and vice-versa (e.g. alterations the agreed services and the agreed price, cancellation declarations, complaints). The travel agency is not liable for provision of the services it procures or arranges. The travel company must make known to the customer the product name, the address of the tour operator and where necessary the name of an insurance company when confirming the booking of these details are not contained in the prospectus, catalogue or other detailed advertising material. If it fails to do so it is liable to the customer as tour operator or supplier of services.
4. Impairment of the performance of an obligation
If the travel agency violates the obligations resulting from the contract, it is obliged to compensate the customer for the damage arising therefrom unless it can prove that it is guilty of neither intent nor gross negligence. For violations of the contract due to lesser fault the travel agency is obliged to compensate the customer for damage arising therefrom to the sum of the provision for the business concluded.
B. The Travel Agency as Tour Operator
The conditions below are the basis of the contract - hereafter referred to as travel contract - which the party booking concludes, either directly or using the services of an agent, with the operator. If the contract is concluded directly, the obligations of the agent shall apply to the operator. The operator shall recognise these GENERAL CONDITIONS OF TRAVEL, deviations must be made clear in all detailed advertising material according to §8 of the licensing regulations.
1. Booking/Conclusion of Contract The travel contract comes into existence between the party booking and the operator when there is agreement concerning the significant parts of the contract (price, service and date). This results in rights and obligations for the customer.
2. Substitution of the person travelling
It is possible to substitute the person travelling of the substitute meets all conditions for participation. This may take place in two ways:
2.1 Renouncing the claim to travel services
The obligations arising from the travel contract on the part of the party booking remain in force of they renounce all or individual claims resulting from this contract to third parties. In this case the party booking bears all additional costs, which arise.
2.2. Transferring the holiday
If the customer is prevented from consuming the holiday he can transfer the contract relationship to another person. The transfer must be made known to the tour operator either directly of via the agent within an appropriate time limit before the date of departure. The tour operator is allowed to specify this period of time. The party transferring and the substitute are full liable for payments, which have not been made, and for any additional costs arising from the substitution.
3. Contract content, information and other additional services
In addition to the obligations concerning information which also affect the agent (namely information concerning passport, visa, currency, customs and public health regulations, the tour operator must provide sufficient information about the services being provided. The descriptions of services contained in the catalogue or brochure at the time of booking, as well as other information contained therein are subject matter of the contract, unless other agreements were made in the booking. Therefore it is recommended that such agreements are made unconditionally in writing.
4. Journeys with special risks
For journeys with special risks (e.g. with the character of an expedition) the operator is not liable for consequences which arise in the course of the risk being entered so long as these are outside the sphere of its obligations. The obligations of the tour operator to carefully prepare the journey and the carefully select the persons and companies responsible for providing individual services remain unaffected.
5. Legal basis of services are impaired
5.1. Guaranty
The customer has a claim to guaranty of services are not provided or are impaired. The customer shall agree that the operator shall provide services which are not impaired or improve the impaired service within a suitable time in place of his claim for change or a reduction in price. Redress may be made in the form that the deficiency is corrected or a substitute service of the same or a higher value is provided which meets with the express approval of the customer
5.2. Compensation
Is the operator or his accessories culpably violate the obligations of the operator arising from the contractual relationship; they are obliged to compensate the customer for the damage caused. Insofar as the tour operator is liable for persons other than their employees, he is only liable - except in cases of personal injury - if he cannot prove that there was neither intention nor gross negligence. Neither, unless there was intent or gross negligence, is the operator liable for objects which are not usually taken, unless he took these into care with knowledge of the circumstances. Therefore it is recommended that the customer does not take objects of special value with him. Furthermore it is recommended that objects, which are taken, are properly stored.
5.3. Complaints
The customer must inform a representative of the operator without delay of all deficiencies concerning the fulfilment of the contract which he notices during a holiday. The precondition for this is that such a representative was made known to him and that his representative can be reached on the spot with no particular effort. Failure to inform the representative does not change the customer's right of guaranty as described in Point 5.2. It can, however, count as contributory fault and thus reduce possible claims to compensation. The operator must either inform the customer directly and in writing, or via the agent, of this obligation to inform. Equally the customer must be informed that failure to complain does not affect his right of guaranty but that it may be counted as contributory fault. If necessary and there is no local representative it is recommended that the customer directly informs the supplier of services (e.g. hotel, airline) or the operator of deficiencies and demands redress.
5.4. Special laws concerning liability
For air travel the operator is liable in accordance with the provisions, among others, of the Warsaw Agreement and Supplementary Agreements and for rail and bus travel according to the Railway and Motor Vehicle Liability Act.
6. Asserting Claims To simplify the assertion of claims it is recommended that the customer makes sure that he is given written confirmation of the non-provision of impaired provision of services or to secure proof, supporting evidence or witnesses. Claims made under the guaranty can only be asserted within 6 months. Claims for compensation become statute barred after 3 years. In the interests of the traveller it is recommended that claims are asserted immediately after returning from the holiday at the tour operator directly or via the travel agency which acted as agent, as with increasing delay difficulties of proof concerning evidence must be reckoned with.
7. Withdrawing from the contract
7.1. The customer withdraws before the start of the journey
a) Cancellation without a cancellation fee Apart from the right of cancellation allowed by law the customer may, without the operator having claims against him, withdraw before the start of services under the following circumstances: If significant parts of the contract, including the price of the holiday, are greatly changed. In any case the frustration of the purpose or character of the holiday, as well as an increase of the agreed travel price by more than 10% according to sub-section 8.1. represent such changes to the contract. The operator is obliged, either directly or via the travel agency which acted as agent, to explain the change to the contract to the customer without delay and to inform him that he may either accept the change to the contract or withdraw form the contract; the customer must exercise his right of choice without delay. Insofar as the operator is to blame for the events which entitle the customer to withdraw, the operator is obliged to compensate the customer.
b) Right to substitute services The customer can, if he does not make use of the possibility of withdrawal according to clause a) and if the tour operator cancels without there being any fault on the part of the customer, demand that the contract is not nullified but fulfilled by participation in a holiday of equivalent value provided the operator is able to provide such a service. In addition to the right of choice the customer also has a right to compensation on the grounds of nun-fulfilment of the contract insofar as this is not due to 7.2.
c) Withdrawal with a cancellation fee The cancellation fee stands in a percentage relationship to the price of the holiday and is amount is determined by the time of cancellation and the kind of travel. The travel price or package price is to be understood as the whole price of contractually agreed services. The customer is entitled to withdraw from the contract in all cases not contained in clause a) against payment of a cancellation fee. In Cases where the cancellation fee is inappropriate this can be reduced by a Court of Law. Depending on the kind of travel the following cancellation rates apply per person:
1. Special flights (Charter), Group-IT (Group Package, Tours using scheduled transport), Group Travel on Busses (tours lasting several days) up to 30 days before the start of the holiday.......
10% from 29 to 20 days before the start of the holiday
25% from 19 to 10 days before the start of the holiday
50% from 9 to 4 days before the start of the holiday
65% from 3 d (=72 hrs.) before the start of the holiday
85% of the cost of the holiday.
2. Individual IT (individual tours using scheduled transport), Group Travel using Rail Transport (excluding special trains) up to 30 days before the start of the holiday.......
10% from 29 to 20 days before the start of the holiday
15% from 19 to 10 days before the start of the holiday
20% from 9 to 4 days before the start of the holiday
30% from 3 d (=72 hrs.) before the start of the holiday
45% of the cost of the holiday.
Special conditions apply for hotel accommodation, holiday flats, travel by ship, one-day bus trips, special trains and scheduled air services at special rates. These must be listed in the detailed programme. Declaration of withdrawal When withdrawing from the contract the following must be noted: The customer (person placing the order) may inform the travel agency where the journey was booked that they are withdrawing from the contract at any time. When cancelling it is recommended that this done - by means of a registered letter - in person with a written declaration to be handed over at the same time. d) No-show No-show is when the customer does not arrive for departure because he lacks the will to travel or when he misses departure due to his own carelessness or because of chance. If in addition it is made clear that the customer cannot or does not wish to make use of the remaining services he must pay 85% of costs for travel listed under clause b.1. (special flights etc.), 45 % of the costs for travel listed under clause b.2. (individual IT etc.). In individual cases these rates can be reduced by a Court of Law if they are inappropriate.
7.2. Cancellation on the part of the operator before the start of a holiday
a) The operator is freed from fulfilling the contract if the minimum number of participants as published in the contract is not reached and the customer is informed in writing within the time limit given in the description of the holiday or within the following periods of time: - up to 20 days before the start of holidays lasting longer than 6 days - up to 7 days before the start of holidays lasting between 2 and 6 days - up to 48 hours before the start of day trips If it is the fault of the operator that the minimum number of participants is not reached for reasons which go beyond slight negligence, the customer shall be entitled to demand compensation; this is fixed at a lump sum in the amount of the cancellation fee. The assertion of damages which exceed this amount is no ruled out.
b) Cancellation takes place due to force majeure, i.e. due to extraordinary and unpredictable events upon which the party claiming force majeure has no influence and the consequences of which could not have been avoided even of all necessary had been taken. This does not, however, include overbooking, but does include state decrees, strikes, war or war-like operations, epidemics, natural disasters etc.
c) In cases a) and b) the customer will receive back any payments he has made. He has the right of choice according to 7.1.b.1. 7.3. Cancellation on the part of the operator after the start of the holiday The operator is freed from fulfilling the contract if the customer, within the framework of a group holiday, persistently disturbs the performance of the holiday by his grossly improper conduct in spite of receiving a warning. In this case the customer, insofar as he is at fault, is obliged to compensate the operator for the damage.
8. Amendments to the contract
8.1. Price changes
The operator reserves the right to increase the price, as confirmed in the booking, for reasons which are not dependent upon his will, insofar as the date of travel is more than two months after conclusion of contract. The sole reasons for such increases are changes in the cost of transport - such as fuel - taxes for certain services such as landing fees, embarkation and disembarkation fees in harbours and corresponding fees at airports of the exchange rates to be used for the holiday in question. If prices are reduced for these reasons the reductions must be passed on to the traveller. Within the two month time limit price increases may only be made of the reasons for them are negotiated at the time of booking and were recorded on the booking form. There may be no price increase from the 20th day before departure onwards. Price changes are only permitted if in the event of the agreed preconditions detailed disclosures concerning the new price are made. Price changes and the circumstances surrounding them must be made known to the customer without delay. If the price changes by more than 10% it is possible for the customer to withdraw from the contract in all cases without payment of a cancellation fee (see section 7.1.a).
8.2. Changes in services after the start of the holiday
For changes for which the operator is liable those regulations apply as are listed in section 5 (legal basis for impaired services). - If after departure a significant part of the contractually agreed services cannot be or are not provided, the operator must take the necessary measures at no additional charge to ensure that the holiday can be continued. If such measures cannot be taken or if they are not accepted by the customer for good reason the operator must be conveyed to the place of departure or to another place agreed by him. In the event that the contract is not or only improperly fulfilled the operator is obliged to do his utmost to help the customer overcome difficulties.
9. Giving information to third parties
Even in cases of emergency information concerning the name of the travellers and place where they are staying will not be given to third parties, unless the traveller specifically requested that it be given. Costs arising from the delivery of urgent messages to the customer will be invoices to the customer. Therefore travellers are recommended to inform their next of kin of their exact holiday address.
10. General
The section listed under B.7.1 clause c, earlier clause b (cancellation), 7.1. d formerly c (no-show) as well as 8.1. (price changes) are registered as non-binding cartel recommendations under 1 Kt 718/93-3 in the cartel register.
IMPRESSUM: Owner, Editor, Association of the travel agencies in the Federal Economical Chamber of Austria, A-1045 Vienna, Wiedner Hauptstraße 63.
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