General Terms and Conditions
Terms and Conditions of Travel & Insurance
General Terms and Conditions – Customers | Package Travel Information
TOUR OPERATORS ARE OBLIGATED TO GUARANTEE THE TRAVEL PRICE PAID BY A CUSTOMER. THIS COVERAGE IS SECURED BY A PACKAGE TRAVEL INSURANCE ISSUED BY HDI GLOBAL SE, HDI-PLATZ 1, 30659 HANNOVER/GERMANY.
IN CASE OF INSOLVENCY, THE INSURANCE PROVIDER IS OBLIGATED TO GUARANTEE OR RESTITUTE THE PAYMENT. OUR NUMBER IN THE NUMBER IN THE AUSTRIAN BUSINESS INFORMATION SYSTEM (Gewerbeinformationssystem [GISA]) IS 1722-9494.
1) Conclusion of contracts
1.1. Your registration for one of our holiday packages constitutes a binding offer to the Tourism Association Attersee-Attergau for the conclusion of a travel contract. Any registration must be made in writing. The registration by the applicant shall also be binding for all other travellers named in the registration.
1.2. The contract is deemed concluded when the Tourism Association Attersee-Attergau accepts the booking by sending a booking confirmation. Amendments and side-agreements are subject to a written confirmation by the Tourism Association Attersee-Attergau.
A deposit of 20 % of the total is payable at the earliest 11 months prior to the agreed end of the package booked. The outstanding payment is payable at the earliest two weeks before the start of the package, with travel documents being provided in return. Any deposits or outstanding payments exceeding the required amounts or transferred before the earliest possible dates may not be claimed and are not guaranteed. A bank confirmation or paying-in slip from the bank must be transmitted 3 days prior to arrival. Payments in cash and at the destination can only be made to staff of the Tourism Association Attersee-Attergau. In case the payment is not received prior to the arrival of the guests, check-in will not be possible and the Tourism Association reserves the right to cancel the booking. Delayed payments shall give rise to customary interest for default. The purchaser shall be obligated to not only pay the notice fees but also the cost incurred in enforcing the claims. Our bank details: account holder: Tourismusverband Attersee-Attergau, Raiffeisenbank Attersee-Süd, Hauptstr. 14, 4866 Unterach am Attersee, IBAN: AT27 3436 3000 0121 8130, BIC: RZOOAT2L363.
Any transfer made shall be free of cost for the beneficiary.
3) Withdrawal by the customer/rebooking
3.1. The customer may withdraw in writing from the contract at any time before the beginning of the holiday package. In case of a withdrawal or a no-show, we reserve the right to charge withdrawal fees as explained below: The Terms and Conditions of the Austrian Hotel Insurance (Österreichischen Hotelversicherungsbedingungen (ÖHV)) as amended shall apply. We will be happy to provide you with a copy.
Please note the modifications of the ÖHV under item c): (non-mandatory provisions) Terms of cancellation:
Up until the 28th day before the beginning of the holiday package: 20 %
From the 27th to the 14th day before the beginning of the holiday package: 30 %
From the 13th to the 6th day before the beginning of the holiday package: 60 %
From the 5th day before the beginning of the holiday package to the day of arrival: 85 % of the total travel cost.
3.2. Each traveller may be replaced by a third person subject to a corresponding notice up to 3 days before the beginning of the holiday package. The Tourism Association Attersee-Attergau may reject the participation of a third person for important reasons. In such case, the above-mentioned terms of cancellation shall apply. In case a third person replaces a registered traveller, the initial contract remains unaffected. We shall charge EUR 10 per person for the resulting extra work.
3.3. In case of rebooking (changes in the travel dates, the duration or the destination) we shall charge a service fee of EUR 10.
The scope of the agreed services is defined by the service description as set out in the offer issued by the Tourism Association Attersee-Attergau with regard to the travel dates but not by any assertions or promises made by travel agencies acting as brokers, brochures of the villages or hotels or other third parties. The same applies to changes in opening hours or timetables
5) Liability and limitations of liability
5.1. The Tourism Association Attersee-Attergau shall be liable for diligently preparing its holiday packages, carefully selecting and monitoring the service providers and ensuring the accuracy of the service descriptions at the time the offer is submitted to the customer in accordance with the duties of care of a prudent business person.
5.2. Participation in the holiday packages is at everyone’s own risk. Minors may only participate if accompanied by a parent or legal guardian.
5.3. By booking a holiday package, each traveller affirms, that he is in suitable health conditions for the holiday package. Respecting road traffic regulations also lies within the responsibility of each traveller.
5.4. For any kind of transportation (bus, boat, train, etc), the conditions of carriage of the relevant transportation undertaking apply.
5.5. If a service agreed cannot be provided and the reason therefore lies outside of the sphere of influence of the Tourism Association Attersee-Attergau (e.g. reconstruction, renovation, etc), the Tourism Association Attersee-Attergau cannot be held responsible.
5.6. In case of damage caused exclusively by one of our service providers or damage caused by the Tourism Association Attersee-Attergau neither wilfully nor with gross negligence, our liability shall be limited to twice the cost of the holiday package, irrespective of the legal grounds of the resulting claims.
5.7. In case of damage to or loss of your luggage, we assume liability only if we have caused the damage and if this was made known to us in writing immediately upon occurrence and only up to a maximum of EUR 100.- per piece of luggage and person.
5.8. In case a booked holiday package cannot be provided for reasons outside of our sphere of influence (strike, natural catastrophe etc.) we reserve the right to cancel such packages. In this case travellers will be notified and reimbursed without delay. Further claims are excluded.
6.1. Remedial action
In case the holiday package is not provided in accordance with the contract, the customer may claim remedial action. What the term ‘in accordance with the contract’ shall mean is defined by the description of services on the one side and local customs of the destination country on the other side. The Tourism Association Attersee-Attergau may refuse remedial action if it requires unreasonable efforts and/or costs but is entitled to provide equivalent or superior compensation services as correction instead. Such compensation service can only be refused by the customer for important and evident reasons. Any claim for remedial action must be addressed to us directly or to a contact person on site named by us. In any case, the travel guide is not entitled to accept claims.
6.2. Abatement of the travel price
Upon return, customers can claim abatement of the travel price for the portion of the package affected by non-contractual performance until remedial action was taken by the Tourism Association Attersee-Attergau. Such an abatement shall not be granted if the traveller culpably fails to timely notify the competent bodies indicated in item 6.1. about the fault in order to allow for remedial action.
7) Duty to cooperate
7.1. Should the traveller not receive the travel documents in time before the departure, he shall notify the Tourism Association Attersee-Attergau without delay.
7.2. In case of failure in the performance of the contract, the traveller is obligated to reasonably contribute to the remediation of the default and to reasonably strive to minimise or avoid possible damage. In particular, the customer is obligated to immediately notify the competent bodies indicated in item 6.1. about his claims. These bodies are thereby charged with remediation if at all possible. Should the customer culpably fail to give notice of a default, he shall not be entitled to abatement.
8) Miscellaneous provisons
8.1. Customers are responsible for complying with any passport, visa, customs or health regulations themselves.
8.2. If any of the provisions of a travel contract is proven invalid or unenforceable, this shall not affect the validity of the contract as such.
9) Place of jurisdiction/governing law
9.1. The contract is subject to Austrian law. The place of jurisdiction shall be the provincial court of Wels (Landesgericht Wels).
9.2. For any legal action taken by the tour operator against a customer, the residence of the customer shall determine the court of jurisdiction and governing law, unless the action is taken against a registered trader or a person not subject to Austrian jurisdiction, in which case the seat of the tour operator shall determine the applicable law.
Operator: Tourismusverband Attersee-Attergau, Managing Director: Christian Schirlbauer, Nußdorfer Straße 15, A-4864 Attersee am Attersee, VAT no.: ATU46820604, Number in the Austrian businesses information system (Gewerbeinformationssystem [GISA]) 1722-9494.
According to the Austrian regulation on insurance and guarantee obligations for travel agencies (Reisebürosicherungsverordnung (RSV)), amounts paid by customers in relation with package travels organised by the Tourism Association Attersee-Attergau are covered by insurance subject to the following conditions: A deposit of 20 % of the total is payable at the earliest 11 months prior to the agreed end of the package. The outstanding payment is payable at the earliest two weeks before the start of the package, with travel documents being provided in return. Any deposits or outstanding payments exceeding the required amounts or transferred before the earliest possible dates may not be claimed and are not guaranteed. Insurer/guarantor: HDI Global SE, HDI Platz 1, 30659 Hannover/Germany, (insurance valid from 1st January 2019). Any claims must be made with the liquidator within 8 weeks of the occurrence of an insolvency: TVA-Tourismusversicherungsagentur GmbH, Baumannstr. 9/8, 1030 Wien, 24-hours-Emergency number: +43 1 361 9077 44, e-mail: email@example.com.
Standard information form for package travel contracts
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Tourismusverband Attersee-Attergau will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, Tourismusverband Attersee-Attergau has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
More information on key rights under Directive (EU) 2015/2302.
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.
If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Tourismusverband Attersee-Attergau has taken out insolvency protection with HDI Global SE, HDI-Platz 1, 30659 Hannover/Germany. Travellers may contact the following entity or, where applicable, the competent authority TVA-Tourismusversicherungsagentur GmbH, Baumannstraße 9/8, 1030 Wien, 24-h-Emergency Number: Phone +43 1 361 9077 44, Fax +43 1 361 9077 25, e-mail: firstname.lastname@example.org if services are denied because of Tourismusverband Attersee-Attergau insolvency.
Directive (EU) 2015/2302 as transposed into national law