Terms and Conditions of TAKE THIS WALTZ Experience Agency GmbH (hereinafter TTW)
1. Booking | Contract:
The following conditions form the basis of the travel contract between TTW as tour operator and the customer. The travel contract can be made verbally or in writing. By booking the trip, the customer accepts these terms and conditions for himself as well as all other persons mentioned in the invoice (co-travelers) and confirms that he has been authorized by the fellow travelers to agree to these General Terms and Conditions. After the conclusion of the contract and unless otherwise expressly agreed in an individual case, the customer must transfer to the account named in the booking confirmation within 7 days after receipt of the booking confirmation, a down payment of 10% of the travel price. The first balance payment of 50% of the travel price must be received on the account mentioned in the booking confirmation 180 days before the start of the journey. The remaining amount of 40% of the travel price must be received on the account mentioned in the booking confirmation 45 days before the start of the journey. If the booking is made within 180 days before arrival, the total price is due in full. If the booking is made within 180 days of arrival, the customer must transfer a deposit of 60% of the price of the reservation within 7 days after receipt of the booking confirmation. The remaining payment of 40% of the tour price must be received on the account mentioned in the booking confirmation 45 days before the start of the journey.
If the customer does not pay the down payment or the outstanding balance in accordance with the agreed payment terms, although TTW is willing and able to provide the contractual services properly and has no legal or contractual right of retention, TTW is entitled, after a warning with deadline to cease to withdraw from the travel contract and to demand from the customer the cancellation costs in accordance with the provisions of point 5.
2. Transfer of the travel contract to another traveler:
The traveler may transfer the package travel contract to a person who meets all the terms of the contract. The traveler must notify TTW of the transfer within a period of at least 7 days prior to the start of the package journey on a durable medium. In the case of transfer, the person who transfers the package travel contract and the traveler who enters into the contract shall be jointly and severally liable to TTW for the outstanding amount of the tour price and the additional fees, charges and other costs resulting from the transfer. TTW will notify the passenger who transfers the contract of the actual cost of the transfer. TTW will then provide the traveler who transfers the contract with proof of the additional fees, charges and other costs resulting from the transfer of the package travel contract.
3. Subsequent change of the travel price:
TTW is entitled to increase the travel price after the conclusion of the package travel contract, if - informed TTW at the latest 20 days before the start of the package holiday on a durable medium, stating the reasons for the price increase and providing a calculation, and - it results directly from a change:
(a) the price of passenger transport as a result of the cost of fuel or other sources of energy; (b) the amount of taxes and duties payable on travel services by third parties not directly involved in the provision of the package, including resident's fees, landing fees, ports of call or disembarkation fees at airports, or
(b) the exchange rates applicable to the package.
1. If the price increase exceeds 8% of the price of the package, the traveler may agree to the proposed change within 7 days or withdraw from the contract without payment of compensation. If the traveler does not make a statement within this period, this is to be considered acceptance of the change. In the event of such cancellation of the package travel contract, the traveler may agree to a different package holiday - if possible, of equivalent or higher quality - as a replacement, if TTW offers it. Otherwise, TTW shall reimburse the traveler for all payments made by or on behalf of the latter without delay, but no later than 14 days after receipt of the declaration of withdrawal. § 12 (2) to (5) PRG applies accordingly. TTW informs the traveler without delay on a durable medium 1. about the change of price, 2. The period within which the traveler can agree or withdraw from TTW. 3. the legal consequence of the omitted explanation within the period and 4. the package holiday, if any, offered as a replacement and its price. If the package holiday offered as a replacement results in a reduction in quality, the traveler is entitled to a reasonable price reduction.
4. Modification of the package travel contract:
TTW is entitled to unilaterally change the contents of the package travel contract other than the price before the start of the package holiday if:
1. the change is irrelevant and
2. the traveler has been informed of the change on a durable medium.
If TTW is forced to significantly alter one of the essential characteristics of travel services prior to the start of the package or if the traveler's specific requirements can not be met, the traveler may agree to the proposed change or withdraw from the contract without payment of compensation within 7 days , If the traveler does not make a statement within this period, this is to be considered acceptance of the change. In the event of such cancellation of the package travel contract, the traveler may agree to a different package holiday - if possible, of equivalent or higher quality - as a replacement, if TTW offers it. Otherwise, TTW shall reimburse the traveler for all payments made by or on behalf of the latter without delay, but no later than 14 days after receipt of the declaration of withdrawal. § 12 (2) to (5) PRG applies accordingly. TTW informs the traveler without delay on a durable medium.
1. the proposed changes and, where appropriate, their impact on the price of the package,
2. the period within which the traveler can agree or withdraw from TTW.
3. the legal consequence of the omitted explanation within the period and
4.the package holiday, if any, offered as a replacement and its price.
If the changes to the package travel contract or the package holiday offered as a replacement result in a reduction in quality or a reduction in costs, the traveler is entitled to a reasonable price reduction.
5. Withdrawal from the package travel contract
a) before the start of the package:
aa) The traveler may withdraw from the package travel contract at any time without giving reasons before the start of the package holiday. If the traveler exercises this right of withdrawal, TTW is entitled to demand payment of the following cancellation fees:
until 180. day before departure ..... 20%
from 179th to 45th day before departure ... 60%
from 44th to 4th day before departure ....... 85%
from the 3rd day (72 hours) before departure ... 90% of the travel price.
At the request of the traveler TTW must justify the amount of the compensation.
(bb) The traveler may further withdraw from the package travel contract without payment of compensation before the start of the package if unavoidable and exceptional circumstances occur at or near the place of destination which materially affect the operation of the package or the transport of persons to the destination. If the traveler withdraws from the package holiday contract under this paragraph, he is entitled to a full refund of all payments made for the package holiday, but not to any additional compensation.
cc) withdrawal TTW TTW may withdraw from the package travel contract prior to the start of the package, in return for a full refund of all payments made for the package holiday, but without payment of any additional compensation,
1. if less than the minimum number of participants specified in the contract has been registered for the package holiday and TTW's declaration of withdrawal is given to the traveler within
(a) 20 days before the start of the package, for journeys of more than six days,
(b) seven days before the start of the package holiday for travel between two and six days,
c) 48 hours before the start of the package holiday for journeys that take less than two days, or
2. if TTW is prevented from fulfilling the contract due to unavoidable and exceptional circumstances and the declaration of withdrawal is received by the traveler immediately, but no later than before the start of the package holiday. In the case of a withdrawal according to aa) to cc), TTW has to pay the traveler all amounts paid by or on behalf of the package travel - in case of cancellation after aa) less compensation - without delay, but no later than 14 days from receipt of the cancellation notice, to
6. Provision of the contractual travel services
TTW is responsible for providing all travel services agreed in the package travel contract regardless of whether these services are to be provided under the contract by him or other travel service providers. The traveler shall immediately notify TTW of any lack of conformity which he undertakes during the provision of the travel services agreed in the package travel contract, taking into account the respective circumstances. If a contractually agreed travel service is not provided or only insufficiently provided, TTW shall remedy the lack of conformity, unless this is impossible or would involve disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel service concerned. If TTW does not rectify the lack of conformity within a reasonable period set by the traveler, the traveler can remedy the situation himself and demand from TTW the replacement of the necessary expenses. It is not necessary to set a deadline by the traveler if TTW refuses to remedy the lack of conformity or if prompt remedy is necessary. If a significant part of the agreed travel services can not be provided in accordance with the contract, TTW shall offer the traveler other reasonable additional arrangements for the continuation of the package which, if possible, are of equivalent quality or value to the contractually agreed services; The same applies even if the traveler is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by TTW result in a lower package quality compared to the contractually agreed services, TTW will grant the traveler a reasonable price reduction. The traveler can only use the suggested other arrangements if they are not comparable to those agreed in the package travel contract or if the price reduction granted is inappropriate. If the lack of conformity has a significant impact on the implementation of the package and TTW does not remedy the lack of conformity within a reasonable period set by the traveler, the traveler may withdraw from the package travel contract without payment of compensation and, if necessary, file claims in accordance with § 12 PRG. If no other arrangements can be offered or if the traveler refuses the other arrangements offered, the traveler may also be entitled to claim according to § 12 PRG without termination of the package travel contract. If the carriage of passengers is part of the package, TTW shall, in the cases referred to in that paragraph, also arrange for the immediate return of the passenger by an equivalent transport service at no extra cost to the traveler. If the traveler's return as agreed in the package travel contract is not possible due to unavoidable and exceptional circumstances, TTW shall bear the costs of the necessary accommodation of the traveler, if possible in an equivalent category, for a maximum of three nights. Where EU legislation on passenger rights provides for longer accommodation periods for the means of transport used to repatriate the passenger, those periods shall apply. The cost limitation referred to in the preceding paragraph shall not apply to persons with reduced mobility as referred to in Article 2 (a) of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when traveling by air, OJ EPO. 1, and their accompanying persons, for pregnant women and unaccompanied minors and for persons in need of special medical care, provided that TTW has been informed of the special needs of those persons at least 48 hours before the start of the package , In order to limit its duty to pay costs in accordance with the preceding paragraph, TTW can not invoke unavoidable and exceptional circumstances where the carrier concerned can not rely on such circumstances under EU law.
7. Price Reduction and Compensation
The passenger is entitled to a reasonable price reduction for each period of the package holiday affected by an infringement of contract. If, on the other hand, TTW proves that the infringement of contract is attributable to the traveler, the traveler is not entitled to a price reduction. The traveler is entitled to reasonable compensation from TTW for the damage suffered as a result of the infringement of contract. If the lack of conformity was extremely grave, the claim for damages also includes the right to a reasonable compensation for the loss of pleasure.
If, on the other hand, the traveler omits to an immediate report of a perceived infringement of contract, this can be credited to the traveler as contributory negligence.
The traveler is not entitled to compensation, as far as TTW proves that the infringement of contract is 1. attributable to the traveler,
2. attributable to a third party who is not involved in the supply of service of the travel services covered by the package travel contract, and the infringement of contract was neither foreseeable nor preventable, or,
3. due to unavoidable and exceptional circumstances.
In so far as the scope of the compensation or the conditions under which a provider of travel services covered by the package travel contract is to be compensated by international agreements which are binding on the European Union, these restrictions also apply to TTW.
TTW will provide immediate and adequate assistance to a traveler in trouble.
In particular, TTW will provide assistance as follows:
1. Provide appropriate information about health services, local authorities and consular assistance and
2. Assisting the traveler in the establishment of long-distance communication links and in the search for replacement of travel arrangements.
If the traveler has intentionally or negligently caused the difficulties him/herself, TTW shall be entitled to demand a reasonable compensation from the traveler which does not exceed the actual cost
9. Error of Travel Booking
TTW is liable for errors due to technical defects in the booking system only if these are also attributable to TTW. However, TTW is not liable for any booking errors attributable to the traveler or caused by unavoidable and exceptional circumstances.
10. Providing information to third parties
Information about names of travelers and whereabouts of travelers are not given to third parties even in urgent cases, unless the traveler has explicitly requested the right of disclosure. The costs arising from the transmission of urgent messages are borne by the customer. It is therefore recommended to travel participants to inform their relatives of the exact holiday address.
11. Withdrawal after Directive 97/7/EC (EU Directive on the protection of consumers in respect of distance contracts)
Package holidays are excluded from the scope of application of the FAGG pursuant to § 1 (2) (8), which is why travelers are not entitled to withdraw from the contract in accordance with § 11 FAGG when booking a package holiday. Even with mere transport contracts the right of withdrawal does not apply. In the case of other individual tourist services, the right of withdrawal pursuant to Section 18 (1) (10) FAGG is also excluded.
12. Jurisdiction and applicable law:
The contracting parties agree to the application of Austrian law. Place of jurisdiction is the Commercial Court Vienna. insofar as this is permissible in particular according to § 14
KSchG. If the traveler has domicile or habitual abode or is employed domestically, the jurisdiction of the court can only be established for an action against him in his or her district of residence, habitual residence or place of employment; this does not apply to legal disputes that have already arisen.
TTW undertake to participate in the dispute settlement of the Internet Ombudsman in
disputes: www.ombudsmann.at, Internet Ombudsman, Margaretenstraße 70/2/10, A-1050 Vienna.
Further information on the types of proceedings at www.ombudsmann.at or in the respective procedural guidelines : Procedural guidelines of the Internet Ombudsman for Alternative Dispute Resolution under the AStG (AStG arbitration procedure) http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStGVerfahren.pdf Guidelines for the conciliation procedure in the Internet Ombudsman outside the scope of the AStG
(Standard procedure) https://secure.ombudsmann.at/media/file/66.Richtlinien_Internet_Ombudsmann_StandardVerfahren.pdf
For the settlement of disputes with TTW the OS platform can also be used: http://ec.europa.eu/ consumers / odr.
Complaints may be directed by e-mail to: firstname.lastname@example.org or by mail to the address of business.
13. Ineffective clauses | changes:
Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid or invalid provision shall be replaced by a valid provision which corresponds as far as possible to the purpose of the invalid provision. In the
same way, this also applies to the closure of gaps, whereby it is important to note what rules the parties would have taken if they had been aware of the invalidity or incompleteness of the provision.
Changes to these terms and conditions must be validated in writing and signed by the managing directors of TTW or published by the company.
14. Data Protection:
TTW processes data only within the permitted legal framework. The TTW privacy statement can be found here.
The insurer specified below ensures to TTW that the traveler that
1. the travel price paid, as far as travel services due to insolvency or opening of insolvency proceedings over the assets of TTW fails and
2. necessary expenses incurred by the traveler as a result contracts) of insolvency or the opening of insolvency proceedings;
is/are being reimbursed.
Care Consult Versicherungsmakler GmbH
Kratochwjlestraße 4, 1220 Wien
Telefon: +43 1 3172600 73362