Terms & Conditions ARB
The travel agency may act as an intermediary (section A) and / or as an organiser (section B). The intermediary assumes the obligation to endeavor to obtain a claim to the services of others (organisers, transport companies, hoteliers, etc.). Organiser is the company that either offers several tourist services at a flat rate (package tour / travel event) or promises to provide individual tourism services as own services and generally provides its own brochures, tenders, etc. available. A company acting as a tour operator can also act as an intermediary when providing outside services (for example, optional outing at the resort), as long as it refers to this intermediary function.
For all used denomination and names, the chosen form applies according to Art 7 B-VG for women and men in the same way.
When booking our journey you enter into a contract with Wunder Travel Greece / WTG. These booking conditions are the terms and conditions of that contract. Please read them carefully.
1. Booking / contract
The booking can be made online via the webpage-booking-tool or in writing - by e-mail. Travel agents should use confirmations that have all the essential information about the customer's order, with reference to the travel advertisement underlying the booking. As far as services of foreign entrepreneurs (service providers, tour operators) are mediated, foreign law can also be applied. The person who makes a booking for himself or a third party is thus deemed to be the client and, unless otherwise stated, assumes the obligations arising from the order placed with the travel agency (payments, withdrawal from the contract, etc.). At the time of booking, the travel agent may request a processing fee and a deposit or full payment on a binding reservation. Travel companies are obliged to provide the traveler with a confirmation of the travel contract (travel confirmation) at or immediately after conclusion of the contract.
2.1 Information about passport, visa, foreign exchange, customs and sanitary regulations
It is generally necessary to have a valid passport for travel abroad. Besides, the customer is self-responsible for compliance with these regulations. If possible and after appropriate authorisation, the travel agency may help in organising a visa. The customer himself has to obtain information as to whether - due to his citizenship or special bilateral or multilateral agreements - he needs a visa for the planned journey. We will not accept any liability for any problem, inconvenience etc which might occur, resulting from a lack of information.
2.2 Information about the travel service
The travel agency is obliged to present to the best of its knowledge the service to be provided by the tour operator or service provider, taking into account the individuality of the respective arranged contract and the circumstances of the respective destination country.
3. Legal status and liability
The liability of the travel agency extends to - the careful selection of the respective organiser or service provider as well as the careful evaluation of gained experience; - the adequate provision of services, including appropriate information for the customer and delivery of the travel documents; - the demonstrable forwarding of advertisements, declarations of intent and payments between the customer and the mediated company and vice versa (such as changes in the agreed service and the agreed price, resignations, complaints). The travel agency is not liable for the provision of the mediated or provided by him performance. The tour operator must provide the customer with the travel confirmation the company name (product name), the address of the tour operator and possibly an insurer, unless this information is already in the brochure, catalog or other detailed promotional materials. If this fails, the customer is liable as the organiser or service provider.
4. Impairment of performace
If the travel agency violates the obligations incumbent on it from the contractual relationship, it is obliged to compensate the customer for the resulting damage if it does not prove that he is not guilty of intent or gross negligence. For breaches of contract due to minor negligence, the travel agency is obliged to compensate the customer for damages limited to the amount of the provision for the arranged business.
The travel agency as organiser
The following terms and conditions form the basis of the contract - hereinafter referred to as the travel contract - which the booker concludes with an organiser either directly or through the use of an intermediary. In the event of a direct conclusion, the organiser will meet the brokerage obligations accordingly. The organiser generally recognizes the present GENERAL TERMS AND CONDITIONS.
Bookings / conclusion of contract
The travel contract is concluded between the booker and the organiser if there is agreement on the essential components of the contract (price, service and deadline). This results in rights and obligations for the customer. See the Supplementary Provisions and Customer Money Back up instead under Travel Agencies Insurance directive RSV
Change in the person of the travel participant
A change in the person of the traveler is possible if the replacement person fulfills all conditions for participation and can be done in two ways.
2.1 Assignment of the right to travel service
The booker's obligations under the travel contract shall remain valid if he assigns all or individual claims from this contract to a third party. In this case, the booker bears the resulting additional costs.
2.2 Transfer of the travel event
If the customer is prevented from entering the travel event, he may transfer the contractual relationship to another person. The transfer must be notified to the organiser, either directly or through the intermediary, within a reasonable time before the departure date. The tour operator can announce a specific deadline in advance. The transferor and the acquirer shall be liable for the unpaid fee and, if applicable, for the additional costs resulting from the transfer to undivided hands.
5.1 Warranty
The customer has a warranty claim in case of non or insufficient performance. The customer agrees that the organiser provides him with a impair free service or improves the concerned service within a reasonable period of time instead of his claim for conversion or price reduction. Remedies can be made in such a way that the defect is remedied or through an equivalent or higher value replacement, which also finds explicit consent of the customer, is provided.
5.2 Damage Compensation
If the organisers or his assistants culpably violate the obligations incumbent upon the organiser from the contractual relationship, the latter is obliged to compensate the customer for the resulting damage. Insofar as the tour operator is responsible for persons other than his employees, he is liable - except in cases of personal injury - only if he does not prove that they are neither intentional nor grossly negligent. Except in the case of intent and gross negligence, the tour operator shall not be liable for items that are not normally taken unless he has taken them into custody in the knowledge of the circumstances. It is therefore recommended to the customer not to take any items of special value. Furthermore, it is recommended to store the personal belongings properly.
5.3 Notification of defects
The customer must immediately notify a representative of the organiser of any failure to fulfill the contract, which he determines during the trip. This presupposes that he has been announced to him and can be reached on the spot without significant effort. The omission of this notification does not change the customer's warranty claims. However, it can be credited to him as contributory negligence and thus reduce his possible claims for damages. If necessary, in the absence of a local representative, either inform the respective service provider (eg hotel, airline) or the organiser directly about any deficiencies and request redress.
6. Assertion of any claims
In order to facilitate the assertion of claims, the customer is recommended to be given written confirmations about the non-performance or inadequate performance of services or to secure evidence or witnesses. Warranty claims can only be asserted within 2 years. Claims for damages expire after 3 years. It is advisable in the interest of the traveler to assert claims immediately upon return from the trip, either directly to the organiser or through the intermediary travel agency, as with increasing delay difficulties can be expected.
7. Resignation from the contract
7.1 Cancellation of the customer before departure
a) Cancellation without cancellation fee
Apart from the legally granted rights of withdrawal, the customer may, without the organiser having claims against him, withdraw in the following cases that occur before the start of the service: If essential components of the contract, in particular the travel price, are significantly changed. In any case, the thwarting of the intended purpose or character of the travel event and an increase in the agreed travel price by more than 10 percent is such a contract change. The organiser is obligated, either directly or through the intermediary travel agency, to immediately notify the customer of the change of contract, informing him of the existing choice of either accepting the contract amendment or withdrawing from the contract; the customer has to exercise his choice without delay. If the organiser is at fault for the occurrence of the event entitling the customer to withdraw, the organiser is obliged to pay the damages.
b)No show
No-show occurs when the customer misses the departure because he lacks the travel will or misses the departure due to negligence or accident. Even if it can be seen that the customer can not or does not want to use the remaining travel service, he is not entitled to a refund of the already paid travel price including booking costs.
7.2 Cancellation of the organiser before departure
a) The organiser will be released from the contract if the minimum number of participants of 34 persons, specified in the announcement is not reached by 14.05.2019 - 22:00 MEST. In this case, the organiser will notify the customer in writing on 15.05.2019 - to the previously announced e-mail address. The already paid travel price will be returned to the customer immediately.
b) The cancellation is due to force majeure, due to unusual and unpredictable events to which the person relying on force majeure has no influence and whose consequences could not have been avoided despite due diligence. However, this does not include overbooking, but government orders, strikes, war or war-like conditions, epidemics, terrorist acts, natural disasters, etc.
c) In cases a) and b), the customer receives back the amount paid.
7.3 Resignation of the organiser after commencement of the journey
The organiser is then exempted from the performance of the contract if the customer, as part of a group travel, disturbs the implementation of the trip by grossly improper conduct, regardless of a warning, sustainable. In this case, the customer, if he is at fault, is obliged to compensate the organiser for compensation.
8. Amendment of the contract8.1 Price changes
The organiser reserves the right to increase the travel price confirmed with the booking for reasons that are not dependent on his will, if the travel date is more than 2 months after the conclusion of the contract. Such reasons shall be limited to changes in transport costs, such as fuel costs, charges for certain services, such as landing fees, ports of embarkation or disembarkation fees at airports and the corresponding exchange rates applicable to the travel event concerned. For a price reduction for these reasons, this is to pass on to the traveler. Within the two-month period, price increases can only be made if the reasons for this have been individually negotiated at the time of booking and noted on the booking slip. From the 20th day before the departure date, there is no price change. A price change is only permissible if an exact specification for the calculation of the new price is provided if the agreed conditions are met. The customer must be informed immediately about price changes and their circumstances. If the travel price is changed by more than 10%, the customer can withdraw from the contract without a cancellation fee.
8.2 Changes of service after commencement of travel
If, after departure, a significant part of the contractually agreed services is not provided or can not be provided, the organiser must take reasonable measures without additional charge so that the travel event can continue to be carried out. If such arrangements can not be made or if they are not accepted by the customer for valid reasons, the organiser may have to provide for an equivalent possibility without additional charge, with which the customer is transported to the place of departure or to another place agreed with him , Incidentally, the organiser is obligated to help the customer in case of non-performance or inadequate fulfillment of the contract in order to overcome any difficulties.
9. Providing information to third parties
Information about the names of the participants and the whereabouts of travelers are not given to third parties, even in urgent cases, unless the traveler has explicitly requested information. The costs arising from the transmission of urgent messages are borne by the customer. It is therefore recommended to travel participants to give their relatives the exact holiday address.
10. Special travel conditions
Since the offered trip is a special, exclusive event, it can only be operated if the minimum number of participants , which is 34 persons has been reached. Customers who have booked within a period of less than 14 days before the end of 14.05.2019 - 22:00 MEST, expressly waive their right of withdrawal of 14 days in accordance with § 18 para 1 no 10 FAGG. Customers who have bindingly booked after 30.04.2019 will be specifically informed about this exemption from the statutory right of withdrawal and expressly declare that they agree with the restriction of the statutory right of withdrawal – which allows to exercise the right of withdrawal only until 14.05.2019 21:59 MEST. The booking of the travel offer will only become a binding reservation if the minimum number of participants of 34 persons was reached on 14.05.2019 - 22:00 MEST and the travel price according to the booking confirmation has been received by the tour operator or has been released by credit card. The tour operator will inform the customer about this on 15.05.2019 via e-mail - to the e-mail address given at the time of booking.