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Terms of Service – EnterAnGo GmbH

Welcome to EnterAnGo GmbH (“EnterAnGo”, “us” “we”, “our”, “travel agent”, “tour operator”) website. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our websites including www.enterango.com, www.beta.enterango.com, fe1.enterango.com and any other websites that we may later own or operate (each, a “Site,” and collectively, the “Sites”); our mobile applications (“Apps”), our application program interfaces (“APIs”), and other products and services we may later own or operate (collectively, with the Sites, Apps, APIs, and the “Services”). EnterAnGo is a company incorporated under Laws of Austria, registered in Austria under:

EnterAnGo GmbH
Biberstraße 22,
1010 Vienna,
Austria
office@enterango.com

Section A – General Provisions

1. Introduction

1.1. These Terms of Service (“ToC”) – as well as our Privacy Policy – govern the use of the services on our EnterAnGo platform and are the basis for the user relationship existing between EnterAnGo and the users. Users are all visitors on our website and travellers who use our services. The EnterAnGo platform includes our websites and mobile apps.

1.2. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

1.3. In order to use all services on the EnterAnGo platform, a one-time free registration is required (see 2.). Some of the services offered are subject to payment. The event-based travel search can also be carried out without registration and is accessible to all users. If a booking is made on the EnterAnGo platform, the booked service can be a linked travel service or a package tour. The associated rights & obligations for linked travel services and package tours are described in sections B & C.

1.4. These ToC apply to the use of the EnterAnGo platform and exclusively regulate our own services. The search of travel connections using our search engine, the distribution of package tours and the brokering of linked travel services, the redirection to third-party booking platforms and the use of our travel management services.

1.5. In the case of redirection to other booking platforms, our ToCs do not refer to the terms of service under which the arranged transport or travel is carried out; here, the terms of service of the third-party providers are relevant. They also do not refer to the terms and service on which you book the tickets on the booking platforms of third-party providers, even if we have directed you there. These terms and conditions are governed by the terms and service of the third-party suppliers or travel agents.

2. Services of EnterAnGo

The services of the EnterAnGo platform are intended to make your travel planning easier, better and faster and to provide you with all detailed information on all travel segments as fast as possible, so that you can compare the travel options shown in each case and also book them if they are available. In addition, the EnterAnGo service is designed to support you in administrative processes in travel management and to considerably minimise the time spent.

2.1. Search engine & comparison platform for travel and accommodation options

2.1.1 EnterAnGo shows you various travel and accommodation options, for your trips to meeting and events based on your date specifications and settings. We collect and display your travel options from address to address with different means of transport (especially train, bus, plane, and car) between most places as well as your accommodation options at the destination in a clear and simple way. We rank the travel options according to time, costs and other criteria such as the carbon footprint, without making a claim to completeness or accuracy of the results. You have the possibility of comparing the travel and accommodation options according to travel duration, prices or other aspects. In addition, you can manually exchange sub-segments of a trip for other means of transport, based on your needs.

2.1.2 The results of the search query and their specific presentation and order do not constitute a recommendation or even an advertisement for the respective travel or accommodation option or a specific provider. If we do not have access to bookable live data, we label these travel segments as not bookable in the travel detail view. Please note that these labelled travel connections may have different arrival and departure times to those shown.

2.1.3 We make every effort to ensure the accuracy of the information on our platform. For the details of the trips and travel connections, we rely on the information provided to us by the respective service providers. Due to the enormous amount of data, we do not have the means to fully verify the accuracy and actuality of all the information we collect and present. In the case of sections that cannot be booked on EnterAnGo, please check the individual travel information yourself by using the link provided by us or by calling up the pages of the respective service provider/organiser directly.

2.2. Booking platform for travel and accommodation options

2.2.1. EnterAnGo offers you all online bookable parts of the journey as a package tour or as a linked travel service or as individual travel services.

2.2.2. EnterAnGo GmbH can act as travel agent (section B) and / or as tour operator (section C).
The following conditions represent the text of the contract for which EnterAnGo usually concludes contracts with its customers (note: in the sense of the KSchG) as an agent (section B) or as an organiser (section C).

The special conditions

• • • of the intermediated tour operators,
  • • the intermediated transport companies (e.g. train, bus, plane and ship) and
  • • other intermediated service providers shall take precedence.

2.2.3. Business trips organised and carried out on the basis of a framework agreement are not subject to the scope of the Federal Act on Package Travel and Related Travel Services (Package Travel Act [PTA]).

2.3. Registration with EnterAnGo

2.3.1. By registering with EnterAnGo, you have access to a wide range of services that make it much easier for you to organise and manage your travel activities.

2.3.2. You gain access to your individual user account by entering your name, your e-mail address and a password, as well as your consent to these Terms of Service, to our privacy policy and the confirmation that you have unlimited legal capacity and have reached the age of 16. All transmitted data will only be used in compliance with our privacy policy regulations. You can also register with certain social networks via your user account.

2.3.3. Each user may only register once on the EnterAnGo platform and affirms that he/she is not yet a registered user with EnterAnGo or has deleted his/her previously used user account.

2.3.4. If the registration is not completed, e.g. due to missing personal data or missing agreement to these terms and conditions, EnterAnGo will delete the (partially) created user account within ten days.

2.3.5. Every registered user must protect his/her registration data from unauthorised access by third-parties, misuse, or fraudulent use. The user must immediately report any unauthorised, abusive, or fraudulent use of their account, as well as any suspicion that their account may be at risk of such use, by emailing support@enterango.com. EnterAnGo will not refund any amounts paid by the user to EnterAnGo in the event of misuse until the user has reported the unauthorised access, misuse, or fraudulent use.

2.3.6. EnterAnGo has the right to terminate or cancel the account of any registered user in the event of misuse or fraudulent use of the account.

2.3.7. When you register as a user on the EnterAnGo platform, you can save your planned and completed trips and add further travel details as well as documents such as tickets and booking confirmations for your travel segments. In addition, you can create an individual user account and add additional details such as the possession of annual and discount cards (e.g. rail cards, frequent flyer programmes, etc.) or your travel preferences to best adapt the travel search to your personal needs.

2.3.8. If you link your user account to a company, you can also use the EnterAnGo travel management system, which is partly subject to payment. Please note that in order to use the travel management system, we must also forward personal data to your company. You can find more information on this in section 3.2 of our Privacy Policy.

2.4. Travel Management Service

2.4.1. In order to use our travel management services, a one-time registration is required (see 2.2). The registration is for free. The travel management service is partly subject to payment.

2.4.2. EnterAnGo offers you the possibility to significantly simplify your administrative activities related to your travel management.

2.4.3. In your company profile you can add important information about your administrative processes, as well as information about employees and their user rights, the company and frequently visited customers. EnterAnGo also offers an overview option (“dashboard”), where you can then filter for this information and display various evaluations of travel behaviour in your company. You can also make settings for travel management guidelines that are taken into account in the travel search of employees linked to the company.

2.4.4. The basis for the active use of Travel Management are trips planned via EnterAnGo. You can have the planned trips approved by an authorised person in your company using the trip approval function. You can add additional information or receipts to the trips themselves during or after the trip, which are required for your internal accounting. You can then approve the complete trip and forward it to the desired location in your company for final settlement. To do this, EnterAnGo provides you with various options for designing this interface. EnterAnGo does not offer its own automated travel expense reporting.

2.4.5. Please note that we cannot map all options of travel management processes and travel management policies that are common in your company via our platform. If you would like additional options that are important to you, we look forward to hearing from you. For more information on the storage of data through your contact, please refer to section 2.2.1 in our Privacy Policy.

2.5. EnterAnGo App

2.5.1. EnterAnGo also offers you a mobile application. This gives you access to all platform functions. In addition, the mobile application always provides you with information on the current and subsequent travel segments during your journey. 

2.5.2. Please note that a smartphone is required to use the mobile application and that any costs incurred during data transfer between the server and the mobile application are charged by the mobile phone provider and must be paid by the user.

2.6. Advertising

2.6.1. Users who use a payable EnterAnGo service at least once a year are classified by EnterAnGo as “paying customers” and we keep them free from advertising of external providers. EnterAnGo may inform paying customers about product updates and new features. The user can decide about the extent of this information by adjusting the settings in his/her user account.

2.6.2. All other users are classified by EnterAnGo as “non-paying customers”. EnterAnGo reserves the right for non-paying customers to offer advertisements and offers that may be of interest to these users. In addition, EnterAnGo may inform non-paying customers about product updates and new features.

3. Zahlungen

3.1. Payable services have to be paid in advance. The user can pay by different payment methods (credit card, Paypal, etc.). If a fee cannot be collected from a bank account specified by the user, e.g. due to insufficient funds in the account, the user shall bear all resulting costs, in particular bank charges in connection with the return of direct debits or comparable charges.

4. Warranty and Liability

We provide our services in a commercially reasonable manner and hope that you will enjoy using them. However, some things are not part of our services:

4.1. EnterAnGo does not warrant that the EnterAnGo platform will be available at all times, completely and without error, or that the required software and hardware will work without error.

4.2. EnterAnGo does not guarantee that the data transport via external systems, especially the internet or telecommunication networks, will not be tracked, recorded or falsified by third parties.

4.3. The use of EnterAnGo’s services is exclusively at the user’s own risk. This applies without limitation to the use of the hardware used, the downloading of own content by the user and any exploitation by the user of the data provided by EnterAnGo and the user. To the extent permitted by law, EnterAnGo does not assume responsibility for the accuracy of such data.

4.4. EnterAnGo does not provide any warranty for external links, banners or other information and advertising offers that may be placed for the user. Legal transactions concluded between the user and a third-party provider, e.g. via linked pages or banners, lead to contractual relationships exclusively between the user and the third party provider. EnterAnGo does not assume any liability for the services of third-party providers.

5. Disclaimer

5.1. EnterAnGo is liable within the existing legal regulations, no matter for which legal reason (pre-contractual, contractual, extra-contractual) only if a damage was caused by EnterAnGo, grossly negligent or intentionally. In case of slight negligence EnterAnGo is not liable towards companies and towards consumers only regarding injury of life, body, health. A liability of EnterAnGo towards companies for consequential damages, mere financial losses, loss of profit, damages from claims of third parties is excluded.

5.2. With the exception of the legally prescribed cases, neither EnterAnGo nor the companies affiliated with EnterAnGo are liable for damages which may arise from the use of contents made accessible via the online and mobile offer or other types of use of the online offer. This also applies to damages that may result from errors, problems, viruses or loss of data.

5.3. EnterAnGo cannot give any warranty, guarantee or assurance to its users regarding the accuracy, completeness, or timeliness of the information on the EnterAnGo platform. The same applies to all other information that we present on the EnterAnGo platform and which is or has been made available to us by third parties. For the same reasons, we are not liable for the availability of the travel or travel connections at the time of booking (on the third-party sites) or for the actual and defect-free provision of the service booked with a third party. Neither we nor our partners give any assurances or guarantees with regard to the information, products, services or software communicated or contained on our offer pages, in particular with regard to the suitability for a specific purpose – unless such have been expressly declared individually to our users. For services where the Package Travel Act (PTA) applies (see section C), the rights and obligations associated with the PTA apply.

5.4. EnterAnGo is not liable for faults or impairments within the network for which we are not responsible. We always endeavour to ensure error-free and uninterrupted technical operation of our service. However, we cannot assume any responsibility or liability for the undisturbed, timely and uninterrupted accessibility or usability of our offer. This applies in particular to technical delays and failures and any resulting damage.

5.5. The user assumes full liability for any complaint, action in court, out of court or of any other kind that arises from or is in any way connected with conflicts with other users. The user acknowledges and accepts that EnterAnGo shall not be liable under any circumstances and in any manner whatsoever for the acts or omissions of other users, including any damages arising from said acts or omissions.

6. Limitation of Liability

6.1. Our liability and also that of our employees, legal representatives or vicarious agents is limited to intent and gross negligence, unless essential contractual obligations (“cardinal obligations”) are violated on our part. In the event of slight negligence, we shall only be liable for typical and foreseeable damage and limited to the maximum amount of the service booked via EnterAnGo to which the asserted claim relates. These limitations of liability do not apply if claims are made under the Product Liability Act or other statutory warranty liability. The limitations of liability shall also not apply if death or physical injury or damage to health should have occurred as a consequence of the damage. Claims for compensation against us become time-barred within twelve months after they have arisen, unless they are based on an intentional act. You indemnify EnterAnGo and its vicarious agents from all claims of third parties, including the costs of reasonable legal prosecution and defence, which are asserted against us or our vicarious agents due to culpable behaviour on your part, in particular a culpable violation of these ToS.

7. Release of Liability by the user

7.1. The user indemnifies EnterAnGo from all claims, which third parties raise against EnterAnGo due to an infringement of their rights by the content posted by the user within the EnterAnGo platform or by his/her other use of the applications available via the EnterAnGo platform. In this case the user assumes the costs of a necessary legal defence of EnterAnGo, including all court and lawyer fees in the legal amount. This does not apply if the infringement of rights is not due to culpable behaviour of the user.

7.2. In case of a claim by a third party, the user is obliged to inform EnterAnGo immediately, truthfully and completely about all information available to him, which is necessary for an examination of the claims and a defence. Further claims for damages of EnterAnGo against the user remain unaffected.

8. Offers from third-parties

8.1. Our offer contains links to other websites which we do not operate or control ourselves and for which we are not responsible. We do not adopt the content of these other websites as our own and accept no responsibility for the legality or functionality of this content, nor are we liable for any loss or damage that may arise as a result of using these sites. We recommend that you carefully read the respective terms of use of the other websites.

8.2. EnterAnGo is not the provider of the travel and accommodation facilities merely arranged by us but offered and sold on the sites of third parties. EnterAnGo is neither involved in the presentation nor in the descriptions of such travel and accommodation opportunities and therefore has no responsibility for the content of these offers or contracts concluded (and claims resulting therefrom) between the users and the third parties.

9. Privacy Policy

9.1. Your personal data will be secured by us in accordance with the current state of the art. We are not liable for any impairment or misuse of this data by third parties, insofar as such misuse could not have been avoided with the appropriate state-of-the-art data protection measures. The use of our service and the information you provide to us for this use are subject to our Privacy Policy. When using the EnterAnGo platform, you must consent to the use of your information in accordance with our Privacy Policy.

10. Amendment of these Terms of Service (ToS)

10.1 Our offer will constantly expand in the future. Therefore, we reserve the right to change these terms of service at any time. Users will be notified of any changes (on our offer pages) at least 10 days before the changes or the new ToS come into effect. The continued use of our services beyond the designated date of the changes will be subject to the new terms of service. If you do not agree with the changes to the ToS or with individual clauses, we ask you to stop using our services no later than the date on which the changes come into effect.

11. Contact / Messages / Feedback

If you are of the opinion that certain contents on our offer infringe rights, in particular the intellectual property of third parties (or yours), you should inform us of this as soon as possible.

EnterAnGo GmbH
Biberstraße 22,
1010 Wien,
Österreich
office@enterango.com

Wir freuen uns auch über Ihre Rückmeldungen, über Verbesserungsvorschläge zu unserer Plattform, Anregungen und Lob („Feedback“). Helfen Sie uns, das Angebot für unsere Nutzer zu verbessern. Hinterlassen Sie Kommentare im Bereich Feedback, oder schreiben Sie uns einfach unter: office@enterango.com

We also welcome your feedback, suggestions for improving our platform, ideas and praise (“feedback”). Help us to improve the offer for our users. Leave comments in the Feedback section, or simply write to us at: support@enterango.com
Any Feedback you submit to us will be treated as non-confidential and non-proprietary. By submitting feedback to us, you grant us a non-exclusive, royalty-free, sub-licensable, perpetual licence to use and publish the ideas and materials contained therein for any purpose and without compensation to you. Of course, this will be done in accordance with our privacy policy.

12. Other Provisions

12.1. Some features and functionality, which are already presented in these ToS, may not yet be part of our offer or may be introduced by us successively. This also means that we are constantly changing and improving the offer of our platform and therefore cannot yet guarantee the 100% stability of the offer and the platform. Under certain circumstances, there may still be overloads in the operation of the platform or incorrect representations of the content.

12.2. Unless otherwise specified, all notices and other communications to Users permitted or required under this Terms of Service will be made electronically and transmitted by EnterAnGo via email or messaging services (such as SMS and WhatsApp).

12.3. If you are a resident of the EU, you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that EnterAnGo is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board to resolve disputes with consumers.

Before initiating any of the above dispute resolution procedures, we encourage you to contact us directly at support@enterango.com to resolve any of your complaints or suggestions.”

12.4. You and We agree to present all claims, disputes, and controversy in good faith to one another, giving each party enough time to evaluate the claim and respond accordingly, before commencing any arbitration or court proceedings

12.5. Sie und wir verzichten auf jedes Recht auf ein Schwurgerichtsverfahren, selbst bei gerichtlich entschiedenen Forderungen.

12.6. You and We agree that all claims (contractual and extra-contractual) may be resolved within 60 days of your notice to Us, and claims that are not resolved within that timeframe can be resolved through mandatory arbitration as described below.

12.7. You and we, each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not as a class, representative, or consolidated action. If a court or arbitrator determines in an action between you and us that any part of this class action waiver is unenforceable with respect to any claim, the arbitration agreement and class action waiver will not apply to that claim, but will continue to apply to any and all other claim that you or we may assert in that or any other action.

12.8. You and we, each waive any right to a jury trial, even for claims resolved in court.

12.9. If any provision of these Terms of Services is found to be invalid or unenforceable in whole or in part, this will not affect the validity of the remaining provisions or any contract entered into with the User. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision. This applies accordingly in the event of a loophole.

12.10. These terms of service and all legal relations and disputes between the users and EnterAnGo are exclusively subject to Austrian law with the exception of the reference norms and the UN Convention on Contracts for the International Sale of Goods.

12.11. Language of the Service Agreement. The Service Agreement is executed in the language selected by You (e.g. on Our Website, throughout the Booking). However please note that only the German version of the Terms of Service stated herein is legally binding. Translations have been provided purely for user convenience. In the event of any discrepancy between a translation and the German master of the Terms of Service stated herein, the German master shall prevail. 

12.12. The Austrian law applies to the application and interpretation of these terms of service. Place of fulfilment and jurisdiction is Vienna.

Section B

EnterAnGo as Travel Agent – General Terms of Service for Travel Agents

1. Scope

1.1. The travel agent brokers travel contracts for individual travel services (such as e.g. flight, hotel etc.), for package travel (as defined in Art. 2 Para. 2 Package Travel Directive (PTD)) as well as for linked travel arrangements (as defined in Art. 2 Para. 5 Package Travel Directive (PTD)) between the tour operator or service provider on the one hand and the traveller on the other hand. The travel agent provides their services in accordance with the legal regulations, in particular the Package Travel Directive (PTD), and the Package Travel Ordinance (PTO) with the diligence of a prudent contractor.

Hereinafter, the company EnterAnGo GmbH is defined as travel agent.

1.2. The General Terms of Service shall be deemed to have been agreed, if they have been made available before the traveller is bound to a contract by a declaration of contract or if the traveller was able to view their contents. They constitute the foundation of the contract of agency which exists between the travel agent and the traveller.

1.3. The present General Terms of Service shall apply to the contract of agency (see item 1.2). For contractual relationships between the traveller and the brokered tour operator, the brokered transport companies (e.g. train, bus, plane and ship etc.) and other brokered service providers, the respective General Terms of Service apply.

2. 2. Role of the Travel Agent

2.1. In accordance with the information supplied by the traveller, the travel agent compiles travel proposals for the traveller. These are non-binding and as such do not constitute offers in the sense of Art. 4 PTD. If it is not possible to compile travel proposals on the basis of the information provided by the traveller, then the travel agent shall notify the traveller of this.

The travel proposals are based on the information provided by the traveller, which is why incorrect and/or incomplete information supplied by the traveller – in the absence of clarification from the traveller – may form the basis of the travel proposals. When compiling travel proposals, it is possible, for example, to use the price, the expertise of the tour operator/service provider, discounts, the best price principle and other factors, if applicable, as parameters (without any claim to completeness).

2.2. If the traveller expresses a concrete interest in one of the travel proposals available on the travel agents web services, the traveller can then select the proposal. The traveller must provide all required personal all personal (e.g. date of birth, citizenship etc.) and factual information (see 3.1), as well as all payment details during the online booking process. Further, the traveller must agree that the traveller read, understood and agrees with all provided by the travel agent and required documents (e.g. terms of service, privacy policy, standard information sheet pursuant to Art. 4 Para. 1 PTD, etc.). A contract between the tour operator and the traveller or, in the case of linked travel arrangements or individual travel services, between the service provider and the traveller is concluded when the traveller approves the booking by clicking the final book button (= declaration of contract of the traveller, see 1.3) and the payment process was successful. Failed payments due to technical reasons where the travel agent is not responsible or due to insufficient funds on the travellers bank account or due to wrong payment details provided by the traveller (see Section A, 3.1) do not conclude a contract.

The travel agent shall send a booking confirmation, when traveller and the travel agent concluded a contract.

2.3. The travel agent informs the traveller based on the information which the traveller submits to the travel agent. The travel agent represents to the best of their knowledge the package travel of the tour operator brokered according to the traveller’s information or, in the case of linked travel arrangements or individual travel services, the service of the service provider taking into account the customary conditions in the country of destination as well as taking into account any particularities associated with the tour (e.g. combination of a business and leisure trip). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the traveller), provided, depending on the type of trip, there are no circumstances which require separate clarification or clarification of the circumstances is not necessary for the provision and the course or performance of the service. In principle, it must be noted that the traveller consciously chooses a different environment and that the quality, facilities, food (seasoning in particular) and hygiene levels are related to the regional standards/criteria customary for the country/place of destination.

2.4. 2.4. The travel agent shall inform the traveller in accordance with Art. 4 PTD before the traveller is bound to a package travel contract by a declaration of contract:

2.4.1. Of the existence of a package tour by means of a standard information sheet pursuant to Art. 4 Para. 1 PTD.

2.4.2. Of the information listed in Art. 4 Para. 1 PTD, insofar as it is relevant so that the package tour may be arranged and it is necessary for the execution and provision of services (e.g. in the case of an exclusively beach holiday, no references to sightseeing tours as in the case of study trips etc. are necessary, insofar as these are not part of the agreed services).

2.4.3. Of whether the package holiday to be brokered for the traveller is generally suitable for persons with reduced mobility, provided that this information is relevant to the package tour in question (Art. 4 Para. 1 No.1(h) PTD). A person with reduced mobility is a person with a physical disability (sensory or motor, permanent or temporary), in accordance with Art. 2 (a) VO 1107/2006 (Rights of disabled persons and persons with reduced mobility), who limits the use of components of the package (e.g. use of certain means of transport, accommodation) and as such necessitates the services to be adapted to the special needs of this person.

2.4.4. General passport and visa requirements of the country of destination, including approximate time limits for obtaining visas and for completing health care formalities (Art. 4 Para. 1 No. 6 PTD), provided that this information is relevant to the package in question. Upon request, the tour operator will provide information on foreign currency and customs regulations. EU citizens can request information on passport and visa requirements, health care formalities as well as foreign currency and customs regulations from their relevant representative authorities for travellers. It is assumed that a valid passport (which e.g. is not expired, not reported stolen or lost, etc.) is generally required for travel abroad, and the traveller is responsible for its validity. The traveller is responsible for complying with the health care formalities of which they have been notified. The traveller is responsible for obtaining the necessary visa, unless the travel agent has agreed to process the procurement of such a visa.

2.5. 2.5. In accordance with Art. 15 Para. 1 PTD in the case of linked travel arrangements, the travel agent shall inform the traveller, before the traveller is bound by a declaration of contract, that the traveller cannot make use of any rights which apply exclusively to package travel, that each service provider is only liable for the contractual provision of their service and that the traveller benefits from insolvency protection in accordance with the package travel ordinance. In accordance with Art. 15 Para. 2 PTD, the travel agent is deemed compliant with this duty of information if they provide the relevant standard information sheet in accordance with Appendix II, PTD, provided that the type of linked travel arrangement is covered by one of these standard information sheets.

2.6. Special requests by travellers which are akin to customer preferences (e.g. sea view in hotels) are fundamentally non-binding and do not result in a legal claim, provided these requests have not been confirmed by the tour operator as a requirement of the traveller in accordance with Art. 6 Para. 2 No. 1 PTD or for linked travel arrangements or individual travel services said request has not been confirmed by the service provider as a requirement of the traveller. If a confirmation is issued, a binding service agreement exists.

The travel agent’s declarations represent a commitment to forward the traveller’s requests to the tour operator/relevant service provider and do not constitute a legally binding agreement as long as they have not been confirmed by the tour operator or, in the case of linked travel arrangements or individual travel services, by the service provider.

3. Obligation of the Traveller to Provide Information and Cooperate

3.1. The traveller is to provide the travel agent with all personal (e.g. date of birth, citizenship etc.) and factual (e.g. planned carriage/importing of medication, prostheses, animals, etc.) information, which is relevant to the trip in a timely, complete and truthful manner. The traveller must notify the travel agent of any issues relating to its person or its fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.), and of its and their special needs, in particular with regards to any limited mobility or health-related issues and other restrictions which may be relevant for either the preparation of travel proposals/ travel offers or for the execution of the tour and provision of travel services, if necessary by submitting a complete qualified certificate (e.g. medical certificate).

3.2. In the instance of reduced mobility or other limitations or special needs in accordance with item 3.1 (e.g. requirement of special medication, regular medical treatment, etc.), which would possibly affect the execution of the trip, the traveller is advised to consult a doctor prior to booking as to whether the traveller in question is able to travel.

3.3. If the mobility of the traveller only becomes reduced in the period between contract conclusion and trip commencement or if other restrictions within the meaning of item 3.1 arise during said period, then the traveller must inform the travel agent immediately – for reasons of proof it is recommended to do so in writing – so that the travel agent can inform the tour operator or, in the case of linked travel agreements or individual travel services, the service provider accordingly.

3.4. The traveller, who has had a booking made for themselves or a third party by the travel agent, is considered to be the client and thus assumes the obligations of the contract of agency vis-a-vis the travel agent (e.g. payment of costs etc.) in accordance with Art. 7 Para. 2 PTD, unless another agreement applies.

3.5. The traveller is obliged to check all contractual documents (e.g. package travel contract, booking confirmation, vouchers) provided by the travel agent for factual correctness of their details / data and for any deviations (spelling mistakes; e.g. names, date of birth) as well as for incompleteness and, in the event of inaccuracies / deviations / incompleteness, to inform the tour operator immediately for correction – whereby the written form is recommended for reasons of proof.

3.6. In order to ensure that travellers with reduced mobility (in accordance with Art. 2(a) of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air) and their co-travellers, pregnant travellers, unaccompanied travelling minors and travellers in need of special medical care, are not subject to the tour operator’s limited obligation to bear the costs of the accommodation which is necessary as a result of impossible return transport due to unavoidable and exceptional circumstances, the travellers concerned must inform the tour operator or travel agent of their special needs at least 48 hours before the start of their journey.

3.7. In accordance with Art. 11 Para. 2 PTD, the traveller is obligated to immediately and comprehensively report any perceived deviation from the agreed travel services, including the concrete description of the deviation/issue, in acknowledgement of the respective circumstances, so that the tour operator is able to remedy the deviation – insofar as this is possible or feasible, depending on the individual case – taking into account the respective circumstances (e.g. time difference, impossibility of contacting, existence of an alternative or an exchange/upgrade option, etc.) and the associated costs (e.g. cleaning the replacement room, finding a replacement hotel). If a violation of contract occurs during the normal business hours of the travel agent through whom the package was booked, the traveller is obligated to report the violation to the travel agent. The traveller is advised to notify the agent in writing, for reasons of proof in particular. Outside normal business hours, the traveller must immediately notify the tour operator’s representative of any violation of contract or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the package travel contract. Failure to report a violation of contract shall have an effect on any warranty claims of the traveller if remedial action could have been taken on site and if such reporting could have been reasonably expected. In accordance with Art. 12 Para. 2 PTD, failure to report a deviation can also be considered as contributory negligence in relation to claims for damages (Art. 1304 ABGB (Austrian civil code)). Reporting a violation of contract does not immediately guarantee services from the tour operator.

3.8. The traveller is obligated to pay the fees agreed within the framework of the contract in full and on time in accordance with the terms of payment. The traveller shall indemnify the travel agent for any losses incurred by the travel agent in the event of non-payment (advance payments by the travel agent).

3.9. In the event of claims for compensation or price reductions and the receipt of payments for compensation or price reductions in accordance with Art. 12 Para. 5 PTD (e.g. compensation in accordance with Art. 7 of the Passenger Rights Ordinance) or in the event of the receipt of other payments and services from service providers or third parties that are to offset the claims for compensation or price reductions of the traveller against the tour operator (e.g. payments by the hotel), the traveller shall inform the travel agent or tour operator of this situation completely and truthfully.

4. Insurance

4.1 When travelling for business and on holiday, it is important to note that valuable objects, important documents etc. should fundamentally not be taken on the trip. In the case of important documents, it is recommended that copies be made and used, provided copies are accepted. It is not possible to exclude the possibility of theft of valuables and therefore the travellers must take responsibility for this risk themselves.

4.2 Organising insurance cover (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.), which guarantees sufficient coverage from the date of the package travel contract until the end of the package tour, is recommended.

5. Package Travel Contract

5.1. The traveller shall receive a copy of the contract document or a confirmation of the contract on a permanent data carrier (e.g. e-mail, or if available within the user account as a downloadable file) upon conclusion of a package travel contract or immediately thereafter. If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded outside business premises in accordance with Art. 3 No. 1 FAGG, the traveller agrees to receive the copy or confirmation of the package travel contract on an alternate permanent data carrier (e.g. e-mail).

5.2. Unless otherwise agreed, the traveller shall be issued with booking receipts, vouchers, tickets and admission passes, information on planned departure times and, if applicable, scheduled intermediate stops, connections and arrival times at the last delivery/contact address (e.g. e-mail address) provided by the traveller in good time before the start of the package tour. Should the aforementioned documents include any inaccuracies/deviations/incomplete information in accordance with 3.5, the traveller must contact the travel agent or tour operator (see 3.5).

6. Price Changes before Departure

6.1. The travel agent shall inform the traveller clearly, comprehensibly and explicitly via a permanent data carrier (e.g. e-mail) of price changes in accordance with Art. 8 PTD, as reserved by the tour operator in the package travel contract, no less than 20 days before the start of the package tour, stating the reasons for the price change. This information shall be sent to the last address provided by the traveller.

7. Changes to the Service Prior to Commencement of Travel

7.1. The travel agent shall inform the traveller clearly, comprehensibly and explicitly via a permanent data carrier (e.g. e-mail) of insignificant changes to the contents of the package travel contract, as reserved by the tour operator in the package travel contract, and which the tour operator unilaterally carries out in accordance with Art. 9 Para. 1 PTD.

7.2. Insignificant changes are defined as (whereby this is to be judged in each individual case) minor, objectively justified changes which do not significantly change the nature and/or the duration and/or the service content and/or the quality of the booked package travel.

7.3. Significant changes may result in a significant reduction in the quality or value of the travel services which the tour operator is obliged to provide, if the changes affect essential features of the travel services and/or influence the package travel and/or travel execution. Whether a change or reduction in the quality or value of travel services is to be defined as significant or not, must be assessed on a case-by-case basis, taking into account the nature, duration, purpose and price of the package tour as well as the intensity, duration and cause of the change and, where appropriate, whether any party can be made responsible for the circumstances that led to the change.

7.4. If, in accordance with Art. 9 Para. 2 PTD, the tour operator is moved to make such aforementioned significant changes to the central features of the travel services which define the nature and purpose of the package travel (see 4 Para. 1 No. 1 PTD) or if the tour operator is unable to fulfil the requirements of the client, which were expressly confirmed by the tour operator, or if the tour operator increases the total price of the package by more than 8% in accordance with the provisions of Art. 8 PTD, the traveller may

• • agree to the suggested changes within a reasonable certain period, as defined by the tour operator, or
  • agree to participate in an alternative tour, provided this is offered by the tour operator, or
  • withdraw from the contract without paying a cancellation fee.

For this reason, the travel agent shall, in the aforementioned cases, inform the traveller at the address last provided by the traveller of the following in a clear, comprehensible and explicit manner on a permanent data carrier (e.g. E-Mail):

• • changes in the travel services and, where appropriate, their impact on the price of the package
  • the reasonable period within which the traveller must inform the tour operator of their decision and the legal effect of failing to notify the operator of said decision within the reasonable period,
  • where appropriate, the replacement package tour offered and its price.

The traveller is advised to submit their decision in writing. If the traveller does not submit a decision within said period, this shall be understood as agreement to these changes.

8. Liability

8.1. In accordance with Art. 17 PTD, the travel agent is liable for booking errors (e.g. spelling mistakes) provided these are not based on an erroneous or incorrect or incomplete submission of the traveller or due to unavoidable and extraordinary circumstances in accordance with Art. 2 Para. 12 PTD.

8.2. The travel agent is not liable for property damage and financial losses of the traveller in connection with the booking, if they are due to unavoidable and extraordinary circumstances in accordance with Art. 2 Para. 12 PTD.

8.3. The travel agent shall not be liable for the provision of the service they have brokered or for the provision of a service which they have not brokered or promised to broker to the traveller or for additional services booked by the traveller themselves after commencement of the journey.

If the travel agent does not fulfil their duties to provide information or to protect against insolvency in accordance with Art. 15 Para. 2 PTD when brokering linked travel arrangements, they shall be liable in accordance with the provisions of Art. 7 and 10 as well as the 4th paragraph of the PTD which are otherwise only applicable to package tours.

8.4. If the travel agent brokers a package tour of a tour operator based outside the EEA, the travel agent must prove that the tour operator complies with the requirements specified in paragraph 4 of the PTD (Provision of the agreed services, warranty, compensation, duty to assist). If this is not the case, the travel agent is liable for compliance with the aforementioned requirements in accordance with Art. 16 PTD.

9. Remuneration of the Travel Agent

The travel agent shall be entitled to reasonable remuneration for their services.

9.1. If services are booked (e.g. package tour, flight or hotel) with the respective tour operator or service provider through the travel agent, the fee (booking fee) per booking and per traveller will be calculated and added during the online booking process.

9.2. If the traveller wishes to transfer the package travel contract to another person in accordance with Art. 7 PTD, the travel agent is entitled to the actual and not disproportionate costs of the transfer, but in any case a processing fee of € 50,–.

9.3. For changes (e.g. rebooking, name change), which are necessary due to incorrect or incomplete information provided by the traveller, the travel agent is entitled to the actual and not disproportionate costs, in accordance with Art. 7 Para. 2 PTD, in any case € 50,– (see 3.5.).

10. Delivery – Electronic Correspondence

10.1. The delivery/contact address of the traveller is the last address given to the travel agent (e.g. e-mail address). The traveller shall notify the travel agent of changes, immediately. The traveller is advised to notify the agent in writing.

Section C

EnterAnGo GmbH as Tour Operator – Terms of Service for Tour Operators of Package Travel in Accordance with the Package Travel Directive

1. Area of Application and Definitions

1.1. A tour operator is an entrepreneur who either directly or via another entrepreneur or together with another entrepreneur compiles package tours (as defined in Art. 2 Para. 2 PTD) and contractually arranges or offers them (see Art. 2 Para. 7 PTD). The tour operator provides their services in accordance with the legal regulations, in particular the Package Travel Directive (PTD), and the Package Travel Ordinance (PTO) with the diligence of a prudent contractor.
An entrepreneur is any natural or legal person who meets the requirements for an entrepreneur in accordance with Art. 1 KSchG (Consumer Protection legislation) (see Art. 2 Para. 9 PTD).

Ein Unternehmer ist jede natürliche oder juristische Person, der Unternehmereigenschaft nach § 1 KSchG zukommt (vgl § 2 Abs 9 PRG).

Hereinafter, company EnterAnGo GmbH is defined as tour operator.

1.2. The General Terms of Service shall be deemed to have been agreed, if they have been made available before the traveller is bound to a contract by a declaration of contract or if the traveller was able to view their contents. They supplement the package travel contract concluded with the traveller. If the traveller is booking for third parties (fellow travellers), they confirm that they have been authorised by said third parties to procure an offer for them, to agree to the General Terms of Service for them and to conclude a package travel contract for them. The traveller, who is making a booking for themselves or a third party, is thus considered to be the client and thus assumes the obligations of the contract with the tour operator (e.g. payments, withdrawal from the contract, etc.) in accordance with Art. 7 Para. 2 PTD, unless another agreement applies.

1.3. A traveller is any person who intends to conclude a contract subject to the provisions of the Package Travel Directive (e.g. package travel contract) or who is entitled to use travel services on the basis of such a contract.

1.4. The homepage of the tour operator merely serve as advertising material. The package tours and other services listed therein do not constitute offers (cf. 2.2.).

1.5. A package travel contract is the contract for a package tour concluded between the tour operator and the traveller.

1.6. The price of the tour is understood to be the amount to be paid by the traveller as stated in the package travel contract.

1.7. A person with reduced mobility is a person with a physical disability (sensory or motor, permanent or temporary), in accordance with Art. 2 (a) VO 1107/2006 (Rights of disabled persons and persons with reduced mobility), who limits the use of components of the package (e.g. use of a means of transport, accommodation) and as such necessitates the services to be adapted to the special needs of this person.

1.8. Unavoidable and extraordinary or unforeseeable circumstances are defined as incidents/events/occurrences beyond the control of the person referring to them whereby the consequences of said circumstances could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious issues of security such as terrorism, outbreaks of infectious diseases, natural disasters, weather conditions preventing a safe journey, etc.) (cf. Art. 2 Para. 12 PTD).

1.9. The Package Travel Directive and the General Terms of Service do not apply to package travel contracts concluded between two entrepreneurs based on a general agreement on the organisation of business trips (e.g. framework contract).

2. Role of the Tour Operator

2.1. In accordance with the information supplied by the traveller, the tour operator compiles travel proposals for the traveller. These are non-binding and as such do not constitute offers in the sense of Art. 4 PTD. If it is not possible to compile travel proposals on the basis of the information provided by the traveller (no different options, no services etc.), then the tour operator shall notify the traveller of this.

The travel proposals are based on the information of the traveller, which is why incorrect and/or incomplete information supplied by the traveller – in the absence of clarification from the traveller – may form the basis of the travel proposals. When compiling travel proposals, it is possible, for example, to use the price, the expertise of the tour operator/service provider, discounts, the best price principle and other factors, if applicable, as parameters (without any claim to completeness).

2.2. If the traveller has a concrete interest in one of the travel proposals available on the tour operators web services, the traveller can then select the proposal. The traveller must provide all required personal all personal (e.g. date of birth, citizenship etc.) and factual information (see 3.1), as well as all payment details during the online booking process. Further, the traveller must agree that the traveller read, understood and agrees with all provided by the travel agent and required documents (e.g. terms of service, privacy policy, standard information sheet pursuant to Art. 4 Para. 1 PTD, etc.). A contract between the tour operator and the traveller is concluded when the traveller approves the booking by clicking the final book button (= declaration of contract of the traveller, see 1.3) and the payment process was successful. Failed payments due to technical reasons where the travel agent is not responsible or due to insufficient funds on the traveller’s bank account or due to wrong payment details provided by the traveller (see Section A, 3.1) do not conclude a contract.

The travel agent shall send a booking confirmation, when traveller and the travel agent concluded a contract.

2.3. The tour operator offers the traveller advice and information based on the information provided to the tour operator by the traveller. The tour operator presents the package tour requested by the traveller to the best of their knowledge, taking into account the customary conditions in the country of destination as well as any special features associated with the package tour (e.g. combination of a business and leisure trip). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the desired destination etc.), provided, depending on the type of package tour, there are no circumstances which require separate clarification or clarification of the circumstances is not necessary for the provision and the course or performance of the agreed services. In principle, it must be noted that the traveller consciously chooses a different environment and that the quality, facilities, food (seasoning in particular) and hygiene levels are related to the regional standards/criteria customary for the country/place of destination.

2.4. The tour operator shall inform the traveller in accordance with Art. 4 PTD before the traveller is bound to a package travel contract by a declaration of contract:

2.4.1. Of the existence of a package tour by means of a standard information sheet pursuant to Art. 4 Para 1 PTD.

2.4.2. Of the information listed in Art. 4 Para. 1 PTD, insofar as it is relevant to the arranged package travel and it is necessary for the execution and provision of services (e.g. in the case of an exclusively agreed services).

2.4.3. Of whether the package holiday to be arranged is generally suitable for persons with reduced mobility, provided that this information is relevant to the package in question (Art. 4 Para. 1 No.1(h) PTD).

2.4.4. General passport and visa requirements of the country of destination, including approximate time limits for obtaining visas and for completing health care formalities (Art. 4 Para. 1 No. 6 PTD), provided that this information is relevant to the package in question. Upon request, the tour operator will provide information on foreign currency and customs regulations. EU citizens can request information on passport and visa requirements, health care formalities as well as foreign currency and customs regulations from their relevant representative authorities for travellers. It is assumed that a valid passport (which e.g. is not expired, not reported stolen or lost, etc.) is generally required for travel abroad, and the traveller is responsible for its validity. The traveller is responsible for complying with the health care formalities of which they have been notified. The traveller is responsible for obtaining the necessary visa, unless the tour operator has agreed to process the procurement of such a visa.

2.5. The tour operator shall inform the traveller of the identity of the operating airline in accordance with Art. 11 of Regulation 2111/05, provided that the identity is already known at the time the contract is concluded. If the operating airline has not yet been determined when the contract is concluded, the tour operator shall inform the traveller of the airline which is expected to operate the flight. As soon as the operating airline has been determined or if there is a change to the operating airline after the conclusion of contract, the traveller will be informed as soon as possible.

2.6. Special requests by travellers which are akin to customer preferences (e.g. sea view in hotels) are fundamentally non-binding and do not result in a legal claim, provided these requests have not been confirmed by the tour operator as a requirement of the traveller in accordance with Art. 6 Para. 2 No. 1 PTD. If a confirmation is issued, a binding service agreement exists.
Should the tour operator accept a customer preference, this merely represents an agreement to forward said requests to the relevant service provider or to clarify their feasibility and does not constitute a legally binding guarantee as long as it has not been confirmed by the tour operator.

2.7. If the traveller does not book directly with the tour operator (e.g. on the website, etc.), but through a travel agent, the provisions of point 2 of these General Terms of Service shall apply.

3. Responsibilities of the Travel Agent and Locally Booked Services

3.1. Travel agents are not authorised by the tour operator to make different agreements, to provide information or make assurances which alter the agreed content of the package travel contract, go beyond the scope of the contractually agreed services of the tour operator or contradict the travel offer. Travel catalogues and internet tenders which have not been published by the tour operator are not binding for the tour operator and the tour operator is not obligated to provide said services provided they have not been made the subject of the travel offer or the content of the service obligation of the tour operator by express agreement between the tour operator and the traveller.

3.2. Services booked on site with a third-party tour operator or with service providers who are not accountable to the tour operator are not binding for the tour operator and do not fall within its service obligation and are not attributed to the tour operator unless these services have been expressly confirmed/authorised by the tour operator (see also 20.5.).

4. Obligation of the Traveller to Provide Information and Cooperation

4.1. The traveller is to provide the tour operator – if applicable via a travel agent, if such an agent was used to facilitate the booking – with all personal (e.g. date of birth, citizenship etc.) and factual (e.g. planned carriage/importing of medication, prostheses, animals, etc.) information, which is relevant to the package tour in a timely, complete and truthful manner. The traveller must notify the tour operator of any issues relating to its person or its fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.), and of its and their special needs, in particular with regards to any reduced mobility or health-related issues and other restrictions which may be relevant for the preparation of travel offers or for the execution of a package tour with the to be agreed travel services, if necessary by submitting a complete qualified certificate (e.g. medical certificate).

4.2. In the instance of reduced mobility or other limitations or special needs in accordance with item 4.1 (e.g. requirement of special medication, regular medical treatment, etc.), which would possibly affect the execution of the trip, the traveller is advised to consult a doctor prior to booking as to whether the traveller in question is able to travel.

4.3. If the mobility of the traveller only becomes reduced in the period between contract conclusion and trip commencement or if other restrictions within the meaning of item 4.1 arise during said period, then the traveller must inform the tour operator of this change immediately – for reasons of proof it is recommended to do so in writing – so that the tour operator can decide whether the traveller can still take part in the package tour without endangering themselves or their fellow travellers or whether they are entitled to exclude the traveller and withdraw from the contract. If the traveller does not fulfil their obligation to provide information completely or in a timely manner and the tour operator declares their withdrawal from the contract, the tour operator is entitled to compensation in accordance with the compensation rate.

4.4. The traveller, who is making a booking for themselves or a third party (fellow travellers), is considered to be the client and assumes the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the client is entitled to withdraw from the contract, etc.) in accordance with Art. 7 Para. 2 PTD (see 1.2), unless another agreement applies.

4.5. The traveller is obligated to check all contractual documents (e.g. package travel contract, booking confirmation, vouchers) provided by the tour operator for factual correctness of their details/data and for any deviations (spelling mistakes; e.g. names, date of birth) as well as for incompleteness and, in the event of inaccuracies / deviations / incompleteness, to inform the tour operator immediately for correction – whereby the written form is recommended for reasons of proof. Any additional costs incurred as a result, provided these additional costs are based on incorrect or inaccurate information provided by the traveller, shall be borne by the traveller, whereby the fee shall be at least € 50,–.

4.6. Should it be impossible to provide the contractually agreed return transport of the traveller due to unavoidable and exceptional circumstances, the tour operator shall bear the costs for the necessary accommodation for a maximum of three nights. This does not apply to travellers with reduced mobility (in accordance with Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and their co-travellers, pregnant travellers, unaccompanied minors and travellers in need of special medical treatment, provided that the said persons inform the tour operator of their special needs, which did not exist at the time of booking or had not yet to be known to them, 48 hours before the start of the journey (see 4.3.).

4.7. In accordance with Art. 11 Para. 2 PTD, the traveller is obligated to immediately and comprehensively report any perceived deviation from the agreed travel services, including the concrete description of the deviation/issue, in acknowledgement of the respective circumstances, so that the tour operator is able to remedy the deviation, insofar as this is possible or feasible, depending on the individual case (e.g. time difference, impossibility of contacting, existence of an alternative or an exchange/upgrade option, etc.), and the associated costs (e.g. cleaning the replacement room, finding a replacement hotel etc.).

If the traveller is booking through a travel agent and a breach of contract occurs during the business hours of the travel agent, the traveller must notify the travel agent of the violation of contract. The traveller is advised to notify the agent in writing, for reasons of proof in particular. Outside normal business hours, the traveller must immediately notify the tour operator’s representative of any violation of contract or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the package travel contract. Failure to report a violation of contract shall have an effect on any warranty claims of the traveller if remedial action could have been taken on site and if such reporting could have been reasonably expected. In accordance with Art. 12 Para. 2 PTD, failure to report a deviation can also be considered as contributory negligence in relation to claims for damages (Art. 1304 ABGB (Austrian civil code)). Reporting a deviation does not immediately guarantee services from the tour operator.

4.8. The traveller is obligated to pay the price of the tour agreed within the framework of the package travel contract in full and on time in accordance with the terms of payment. In the event that the deposit or balance payment is not made in due time or is incomplete, the tour operator reserves the right, after issuing a reminder and setting a grace period, to withdraw from the contract and claim additional damages, irrespective of the compensation rate due.

4.9. In the event of claims for compensation or price reductions and the receipt of payments for compensation or price reductions in accordance with Art. 12 Para. 5 PTD (e.g. compensation in accordance with Art. 7 of the Passenger Rights Ordinance) or in the event of the receipt of other payments and services from service providers or third parties that are to offset the claims for compensation or price reductions of the traveller against the tour operator (e.g. payments by the hotel), the traveller shall inform the travel agent or tour operator of this situation completely and truthfully.

4.10. In the event of a breach of contract, the traveller is fundamentally obligated to minimise the damage (§ 1304 ABGB).

5. Insurance

5.1. When travelling for business and on holiday, it is important to note that valuable objects, important documents etc. should fundamentally not be taken on the trip. In the case of important documents, it is recommended that copies be made and used, provided copies are accepted. It is not possible to exclude the possibility of theft of valuables and therefore the travellers must take responsibility for this risk themselves.

5.2. Organising insurance cover (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.), which guarantees sufficient coverage from the date of the package travel contract until the end of the package tour, is recommended.

6. Booking/Conclusion of Contract/Deposit

6.1. The package travel contract is concluded between the traveller and the tour operator if they are in agreement on the basic components of the contract (price, service and date) and the traveller accepts the offer of the tour operator. This gives rise to rights and obligations for both the tour operator and the traveller.

6.2. Unless otherwise agreed, the traveller must pay 100% of the price of the tour in advance. The traveller can make the payment with different payment service providers (Credit Card, PayPal, etc.). In case the payment fails due to insufficient funds on the traveller’s bank account or due to wrong payment details provided by the traveller, the traveller needs to cover all costs incurred due to the failed payment (see Section A, 3.1).

6.3. In case the payment fails due to technical reasons where the travel agent is not responsible or due to insufficient funds on the traveller’s bank account or due to wrong payment details provided by the traveller (see Section A, 3.1) no contract is concluded.

6.4. If the traveller does not meet their payment obligations according to 6.2. for offline contracts, the tour operator reserves the right, after issuing a reminder and setting a deadline, to withdraw from the contract and to claim damages in accordance with the compensation rate.

7. Persons with reduced mobility

7.1. Whether a package tour is specifically suitable for persons with reduced mobility must be clarified in each individual case, whereby the type and extent of the reduced mobility, the nature of the package tour (e.g. adventure tour, business trip to places with limited mobility services, city break etc.), the country/place of destination, the means of transport (e.g. bus, plane, ship etc.) and the accommodation (e.g. hotel, homestays, etc.) must be taken into account. Persons with reduced mobility must therefore ask the tour operator whether the chosen package is suitable for their concrete situation. The specific suitability of a package tour for persons with reduced mobility does not mean that all the services contained in the package travel contract can be used without reservation by the person with reduced mobility (e.g. a hotel complex may have suitable rooms and other areas for persons with reduced mobility. However, this does not mean that the entire facility (e.g. use of the pool etc.) is suitable for persons with reduced mobility). If this is the case and the person with reduced mobility decides to book the package tour, the tour operator will keep a handicap record. This serves as the basis of the package travel contract which is to be concluded.

7.2. The tour operator may turn a package travel booking by a person with reduced mobility down if the tour operator and/or one of its agents (e.g. hotel, airline, etc.), having carefully assessed the specific requirements and needs of the traveller, comes to the conclusion that the traveller cannot be transported or accommodated safely and in accordance with the safety regulations or if the tour operator and/or one of its agents concludes that the specific package tour is not suitable for the traveller.

7.3. The tour operator and/or one of its agents (e.g. airline, hotel etc.) reserves the right to refuse carriage/accommodation to a traveller who has failed to sufficiently inform the tour operator of their reduced mobility and/or special needs in accordance with 4.1. and/or 4.3. of the General Terms of Service so that the tour operator and/or agent is able assess the possibility of safe and organisationally practicable carriage/accommodation.

7.4.For reasons of safety, the tour operator reserves the right to stop travellers from participating in the package who, in the opinion of the tour operator and/or one of its agents (e.g. airline, hotel, etc.), are unable to travel or are not suitable for the package due to the itinerary, the destination, etc., or represent a danger to themselves or others during the package tour.

8. Package Travel Contract

8.1. The traveller shall receive a copy of the contract document or a confirmation of the contract on a permanent data carrier (e.g. e-mail) upon conclusion of a package travel contract or immediately thereafter. If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded outside business premises in accordance with Art. 3 No. 1 FAGG, the traveller agrees to receive the copy or confirmation of the package travel contract on an alternative permanent data carrier (e.g. E-Mail).

8.2. Unless otherwise agreed, the traveller shall be issued with booking receipts, vouchers, tickets and admission passes, information on planned departure times and, if applicable, scheduled intermediate stops, connections and arrival times at the last delivery/contact address (e.g. e-mail address) provided by the traveller in good time before the start of the package travel. Should the aforementioned documents include any inaccuracies/deviations/incomplete information in accordance with 4.5, the traveller must contact the travel agent or tour operator (see 4.5).

9. Substitute Persons

9.1. In accordance with Art. 7 PTD, the traveller has the right to transfer the package travel contract to another person who fulfils all contractual requirements and is also suitable for the package tour (criteria may include gender, (non-)pregnancy, physical condition, required/ adequate level of vaccination/ vaccination protection, certain knowledge and skill set, visas, valid entry permits, non-existence of an entry ban, etc.). If the other person does not fulfil all contractual requirements or is not suitable for the package tour, the tour operator may object to the transfer of the contract. The tour operator must be informed of the transfer of the contract via a permanent data carrier (e.g. e-mail) within a reasonable period of 2 days after awareness, but at no less than seven days before the start of the trip.

A minimum handling fee of € 50, — is payable for the transfer of the package travel contract, unless additional costs are incurred. The traveller transferring the package travel contract and the person entering into the contract are jointly liable to the tour operator for the outstanding price of the tour and the minimum handling fee, as well as for any additional costs incurred.

9.2. Many airlines or other carriers or service providers treat changes to the travel date or the name of the traveller as cancellations and calculate them accordingly. If additional costs are incurred, these will be charged to the traveller (in accordance with Art. 7 Para. 2 PTD).

10. Price Changes Before Departure

10.1. In the package travel contract, the tour operator reserves the right to make price changes after conclusion of the package travel contract but no less than 20 days before the first day of the package tour. The tour operator shall inform the traveller clearly, comprehensibly and explicitly via a permanent data carrier (e.g. e-mail) of price changes no less than 20 days before the start of the package tour, stating the reasons for the price change. This information shall be sent to the last address provided by the traveller.

10.2. Changes to the price of the tour are permissible, if the following fees change after conclusion of the contract:

1. 1. 1) costs of passenger transport resulting from the changes to the cost of fuel or other energy sources (any change to the price of the tour shall correspond with the additional amount as calculated by the service provider for bus, train or flight);
   2. 2) the amount of taxes and levies payable on contractually agreed travel services, such as residence fees, landing fees, embarkation or disembarkation fees at ports, corresponding airport charges and fees for services at ports or airports (any change to the price of the tour shall correspond with the full amount of the additional fees);
   3. 3) the exchange rates applicable to the package (any change to the price of the tour shall correspond to the change in exchange rates).

Fee changes can result in price increases or price reductions.

In the event of price reductions, the amount of the price reduction shall be refunded to the traveller. However, the tour operator can deduct the relevant administrative expenses from this figure. At the traveller’s request, the tour operator shall provide proof of said administrative expenses.

10.3. In the event of an increase of more than 8% of the travel price (as per Art. 8 PTD), 11.4. shall apply. The traveller reserves the right to accept the increase as an amendment to the contract, to agree to taking part in an alternative trip – if offered – or to withdraw from the contract without being obligated to pay a compensation rate. Insurance premiums which have already been paid cannot be refunded to the traveller.

11. Changes to the Service Prior to Commencement of Travel

11.1. The tour operator may make insignificant changes to the provided services, provided they have reserved the right to do so within the contract. The tour operator or the travel agent, provided the package tour has been booked via such an agent, shall inform the traveller clearly, comprehensively and explicitly of the changes via a permanent data carrier (e.g. e-mail) at the address last notified by the traveller.

11.2. Insignificant changes are defined as (whereby this is to be judged in each individual case) minor, objectively justified changes which do not significantly change the nature and/or the duration and/or the service content and/or the quality of the booked package travel.

11.3. Significant changes, which the tour operator is forced to make, may result in a significant reduction in the quality or value of the travel services, if the changes affect essential features of the travel services and/or influence the package travel and/or travel execution. Whether a change or reduction in the quality or value of travel services is to be defined as significant or not, must be assessed on a case-by-case basis, taking into account the nature, duration, purpose and price of the package tour as well as the intensity, duration and cause of the change and, where appropriate, whether any party can be made responsible for the circumstances that led to the change.

11.4. If, in accordance with Art. 9 Para. 2 PTD, the tour operator is moved to make such aforementioned significant changes to the central features of the travel services which define the nature and purpose of the package travel (cf. 4 Para. 1 No. 1 PTD) or if the tour operator is unable to fulfil the requirements of the traveller, which were expressly confirmed by the tour operator, or if the tour operator increases the total price of the package by more than 8% in accordance with the provisions of Art. 8 PTD, the traveller may

• • agree to the suggested changes within a reasonable certain period, as defined by the tour operator, or
  • agree to participate in an alternative tour, provided this is offered by the tour operator, or
  • withdraw from the contract without paying a cancellation fee.

For this reason, the tour operator shall, in the aforementioned cases, inform the traveller at the address last provided by the traveller of the following in a clear, comprehensible and explicit manner on a permanent data carrier (e.g. e-mail):

• • changes in the travel services and, where appropriate, their impact on the price of the package
  • the reasonable period within which the traveller must inform the tour operator of their decision and the legal effect of failing to notify the operator of said decision within the reasonable period,
  • where appropriate, the replacement package tour offered and its price.

The traveller is advised to submit their decision in writing. If the traveller does not submit a decision within said period, this shall be understood as agreement to these changes.

12. Itinerary/Changes

12.1. It is possible that the package tour may deviate from the advertised or contractually agreed route, the stops (e.g. business meetings or events) on the trip may be moved or brought forward and/or the planned meeting or event may be cancelled or changed due to environmental and weather influences (e.g. rain, wind, avalanches, mud slides, etc.), natural disasters (e.g. earthquakes, floods, hurricanes, etc.), border closures, government regulations, traffic issues, changes in flight times, terrorist attacks, power failures, opening hours changed at short notice, etc. (without any claim to completeness). In such cases, the tour operator will endeavour to offer equivalent alternatives or, if necessary, to make up for omitted activities elsewhere.

13. Warranty

13.1. If there is a breach of contract because an agreed travel service has not been provided or has not been provided adequately (= in violation of the contract), the tour operator shall remedy the breach of contract providing the traveller or their fellow travellers (e.g. family members) have not themselves prompted said breach and/or are not in violation of their duties to cooperate and/or the remedial action is not impeded by the traveller and/or the remedial action would not be impossible or would not be associated with disproportionate costs. The traveller must give the tour operator a reasonable deadline by which the breach of contract must be remedied, whereby the deadline must be assessed in each individual case, based on the type/purpose/duration of the package tour, the notified breach of contract, the time of notification (e.g. late in the evening etc.), as well as the time required to procure an alternate solution e.g. an object (relocation etc.). A deadline must be communicated to the representative of the tour operator on site or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the package travel contract.

13.2. If the traveller fails to comply with their duty to provide information in accordance with item 4.7. or their duty to cooperate (e.g. to view an alternative room offered by the tour operator or to pack their suitcases in order to change rooms etc.) or they set an unreasonably short deadline for the tour operator to remedy the breach of contract or they do not support the tour operator within the scope of what is reasonable in remedying the breach of contract or they improperly refuse the alternative services offered by the tour operator to remedy the breach of contract, the traveller shall bear the adverse legal consequences (see point 4.7.).

13.3. If the tour operator does not remedy the breach of contract within a reasonable period of time, the traveller may remedy the situation themselves and demand compensation for the necessary expenses from the tour operator (see Art. 11 Para. 4 PTD). The principle of the duty to minimise damage applies, i.e. the damage incurred (e.g. costs for alternative services) must be kept to a minimum, whereby this minimum is to be based on the duration, value and purpose of the journey. In addition, the breach of contract must be viewed objectively.

13.4. If it is not possible to provide a substantial part of the agreed travel services in accordance with the contract, the tour operator shall offer the traveller, at no extra cost, provided this is possible based on the situation and circumstances (on site)(this would be impossible if e.g. only one hotel were available in the booked category), other appropriate arrangements (alternative services) for the continuation of the package tour which, insofar as possible, are of the same or higher quality as the contractually agreed services; the same shall also apply if the traveller is not returned to the place of departure in accordance with the contract. If the other options offered by the tour operator result in a lower standard of package tour than the contractually agreed services (e.g. half board instead of all-inclusive), the tour operator shall grant the traveller an appropriate price reduction. The traveller may only refuse the proposed alternative arrangements if they are not comparable with the services agreed in the package travel contract or if the price reduction granted is not reasonable. If the traveller rejects the alternative arrangement, the traveller must demonstrate that the other options offered by the tour operator are not equivalent or comparable to the contractually agreed services and/or that the price reduction offered is not sufficient..

13.5. If the breach of contract is associated with significant consequences relating to the performance of the package tour in accordance with 11.3. and if the tour operator does not remedy said breach of contract within a reasonable period of time as defined by the traveller taking the circumstances and the breach of contract in question into account (cf. 13.1.), the traveller may withdraw from the package travel contract without needing to pay a cancellation fee, provided the continuation of the package tour would not be reasonable for the average traveller, and, if necessary, the traveller may assert warranty claims and claims for damages in accordance with Art 12 PTD. If the traveller withdraws from the package travel contract, they should be aware that this is associated with a certain risk, as both the significance of the consequences of any breach of contract and the feasibility of continuing the tour must be assessed in the subjective individual case (by a judge) and the result of this assessment may differ from the traveller’s point of view. If no other alternatives can be offered in accordance with item 13.4. or if the traveller rejects the other alternatives offered in accordance with item 13.4., the traveller is entitled to assert warranty claims and claims for damages in accordance with Art. 12 PTD even without terminating the package travel contract in the event of a breach of contract. If the traveller rejects the alternative arrangement, the traveller must demonstrate that the other options offered by the tour operator are not equivalent or comparable to the contractually agreed services and/or that the price reduction offered is not sufficient. Where passenger transport is included in the package, the tour operator shall, in the cases referred to in this paragraph, also ensure the immediate return of the traveller by an equivalent transport service at no additional cost to the traveller.

13.6. If the tour operator does not withdraw from the package tour, despite being unable to provide services due to unavoidable and extraordinary circumstances (see 17.1.) but instead offers replacement services, the additional costs incurred as a result shall be borne at 100% by the traveller.

14. Withdrawal by the Traveller without Payment of a Compensation Rate

14.1. The traveller may withdraw from the package travel contract before the start of the package tour – without paying a cancellation fee – in the following cases:

14.1.1. If unavoidable and exceptional circumstances arise at or in the immediate vicinity of the place of destination, whereby said unavoidable and exceptional circumstances are to be assessed on a case-by-case basis taking into account the scope of the contract and the reach of the particular circumstance which entails the risk, which significantly affect the performance of the package tour or the carriage of travellers to the place of destination in accordance with 11.3. If the traveller withdraws from the contract in these cases, they are entitled to full reimbursement of all payments made for the package tour, but not to additional compensation (see Art. 10 Para. 2 PTD).

14.1.2. In the cases referred to in point 11.4.

The tour operator is to be notified of the traveller’s withdrawal – whereby written form is recommended for reasons of proof.

14.2. The traveller may withdraw from the package travel contract after commencement of the package tour in the cases described in point 13.5 – without being liable for a compensation rate.

15. Withdrawal by the Traveller with Payment of a Cancellation Fee

15.1. The traveller is entitled at any time to withdraw from the contract against payment of a compensation rate (cancellation fee). The tour operator is to be notified of the traveller’s withdrawal – whereby written form is recommended for reasons of proof. If the package tour was booked through a travel agent, then the traveller can also notify said agent of the withdrawal. The traveller is recommended to notify the relevant party of the traveller’s withdrawal via a permanent data carrier (e.g. e-mail).

15.2. The cancellation fee shall be calculated as a percentage of the price of the tour and shall be based on the price at the time the cancellation is made together with the expected savings in terms of expenses and additional earnings from reusing the travel services. If the cancellation fee is inappropriate, it may be moderated by a court.

15.3. Depending on the type of package tour, the following cancellation fees apply per person:

• • • 15.3.1 Hotel reservations only
      • • up to 25. days prior to departure: 20%
        • 25.–16. days prior to departure: 30%
        • 15.–8. days prior to departure: 50%
        • 7.–4. days prior to departure: 65%
        • 3.–1. day prior to departure: 80%
        • on departure day: 95%

      off tour price

15.3.2. Flight and train tours within Europe,

• • • • • up to 65. days prior to departure: 20 %
        • 64. – 30. days prior to departure: 30 %
        • 29. – 15. days prior to departure: 50 %
        • 14. – 2. days prior to departure: 90 %
        • 1.day – (24 hours) prior to departure: 100 %

      off tour price

15.3.3. Flight and train tours globally,

• • • • • up to 95. days prior to departure: 20 %
        • 94. – 30. days prior to departure: 35 %
        • 29. – 15. days prior to departure: 50 %
        • 14. – 2. days prior to departure: 90 %
        • 1. day (24 hours) prior to departure: 100 %

      off tour price

15.3.4. Additional extra services

• • • • • for additional extra services (e.g. tickets, etc.): 100 %

16. No-show

16.1. A no-show applies when the traveller does not leave the country because they do not wish to travel or they do not leave the country due to an action which they are responsible for or due to a random event that happened to them. If it becomes clear that the traveller is no longer able or willing to utilise the remaining travel services, they must pay 100% of the tour price for compensation.

17. Withdrawal of the Tour Operator Before the Start of the Trip

17.1. The tour operator may withdraw from the package travel contract before the start of the package tour if they are prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and the traveller receives the notification of the withdrawal without delay at the last delivery/contact address provided by the traveller, prior to the start of the package tour (see Art. 10 Para. 3 (b) PTD).

17.2. If the tour operator withdraws from the package travel contract in accordance with items 17.1., they will refund the price of the tour to the traveller, but they will not be obligated to pay any additional compensation.

18. Withdrawal of the Tour Operator after the Start of the Trip

18.1. The tour operator shall be released from their obligation to fulfil the contract without being obligated to refund the price of the tour if the traveller has prevented the package tour from taking place due to grossly improper behaviour (e.g. alcohol, drugs, non-observance of a smoking ban, disregarding certain clothing regulations e.g. when visiting religious sites or eating food, illegal behaviour, disruptive behaviour towards fellow travellers, non-compliance with the instructions of the tour guide (e.g. regular late arrival etc.), despite receiving a warning, with the result that the itinerary is disrupted or fellow travellers are affected to such an extent that it is possible that the holiday relaxation of third parties or fellow travellers is affected or the purpose of the trip is negated. In such a case the traveller is obliged to compensate the tour operator for the resulting damages.

19. General risk to the traveller

19.1. A package tour usually entails a change in the familiar surroundings. The associated general risks to the traveller, such as (without claiming completeness) stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid climate), digestive problems (e.g. due to unfamiliar spices, food etc.), and/or any risk associated with the trip, for example (without claiming completeness) earache during diving trips, altitude sickness during high-altitude trips, seasickness on a ferryboat and much more, are borne by the traveller and are not attributable to the tour operator.

19.2. If, for the above-mentioned reasons, the traveller does not use the services which have been offered to them in accordance with the contract or if they decide to withdraw from the contract for such a reason, they are not entitled to assert warranty claims or claims for compensation for the unused portions of the travel services.

20. Liability

20.1. If the tour operator or service providers which are answerable to the tour operator culpably violate the obligations incumbent on the tour operator, in accordance with the contract with the traveller, then the tour operator shall be obligated to compensate the traveller for the resulting damages.

20.2. The tour operator is not liable for personal, material and financial damages of the traveller which occur in connection with booked services, provided that they

20.2.1. occur as a result of a general risk to the traveller or a possible general risk associated with the package tour, which are risks to be borne by the traveller (cf. 19.)

20.2.2. can be attributed to the fault of the traveller;

20.2.3. are attributable to a third party who is not involved in the provision of the travel services in accordance with the package travel contract and the breach of contract was neither foreseeable nor avoidable; or

20.2.4. are due to unavoidable and exceptional circumstances.

20.3. In the instance of trips associated with particular risks, the tour operator is not liable for consequences which arise as a result of the materialisation of said risks, provided they take place outside the tour operator’s area of responsibility. The obligation of the tour operator to carefully prepare the package tour and to carefully select the persons and companies entrusted with the provision of the individual travel services remains unaffected.

20.4. The traveller must obey laws and regulations, instructions and orders of the staff on site, as well as rules and restrictions (e.g. bathing restriction, diving restriction etc.). Should the traveller fail to observe any of the above stipulations, the tour operator is not liable for any resulting damages to the person or property of the traveller or damages to the person or property of third parties.

20.5. The tour operator shall not be liable for the provision of the service which they have not confirmed or for additional services booked by the traveller themselves on site after commencement of the journey with a third party or a service provider for whom the tour operator is not accountable.

20.6. The recommended transfer time between two modes of transport (e.g. from train to plane, from car to train, etc.) by the tour operator can be changed to shorter transfer times on the travellers own risk. The tour operator shall not be liable for any costs (e.g. missed flights, missed hotels, loss of business, etc.) due to too short transfers set by the traveller. The tour operator warns the traveller about this risk on the website of the tour operator before the booking can made.

20.7. The traveller is advised not to take any objects of special importance with them. Furthermore, it is recommended that luggage is properly stored and insured (cf. 5.1.).

20.8. Insofar as the Montreal Convention on International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention on Carriage by Sea 1974 or the Convention on International Carriage by Rail 1980 as amended in 1999 restrict the scope of compensation or the conditions under which a provider of a travel service covered by the package travel contract is liable to pay compensation, these restrictions shall also apply to the tour operator (see Art. 12 Para. 4 PTD). .

21. Assertion of Claims

21.1. In order to facilitate the assertion and verification of alleged claims, it is recommended that the traveller obtain written confirmation of non-performance or inadequate performance of services or secure evidence, proof and witness statements.

21.2. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.

21.3. In the interest of the traveller, it is advisable to assert claims directly with the tour operator or via the travel agent comprehensively and concretely immediately after returning from the package tour, since longer delays are associated with more difficulties in proving claims.

22. Delivery – Electronic Correspondence

22.1. The delivery/contact address of the traveller is the last address given to the tour operator (e.g. e-mail address). The traveller shall notify the tour operator of changes, immediately. The traveller is advised to notify the operator in writing.

23. Providing information to third parties

23.1. Information as to the names of the travellers and the whereabouts of travellers shall not be disclosed to third parties, even in urgent cases, unless the traveller has explicitly requested the provision of information and the recipient is disclosed at the time of booking. The costs arising from the transmission of urgent messages shall be borne by the traveller. It is therefore recommended that travellers provide their supervisors, bosses, colleagues, and relatives with the exact address during their tour.

24. Remuneration of the Tour operator

24.1. The travel agent shall be entitled to reasonable remuneration for their services. For additional bookings, changes (e.g. rebooking, name change), which are necessary due to incorrect or incomplete information provided by the traveller, the travel agent is entitled to the actual and not disproportionate costs, in accordance with Art. 7 Para. 2 PTD, in any case € 50,–.

Vienna: 30. April 2021