Terms and Conditions

The conditions of GESAR Travel & more EU, Austria apply.

GESAR Travel & more EU – Austria
fully reg. Travel Agency (605037)

Hauptstr. 153/19
2391 Kaltenleutgeben

Tel: 0043-650-4168339 (Daniela Luschin-Wangail)

E-mail: daniela@gesar-travel.com

SPECIAL TERMS & CONDITIONS

addendum to General travel terms & conditions (ARB 1992)

01. Preface

We want to point to the particular dangers of hiking, trekking, jeep tours, etc. in secluded areas, high altitude mountains, or deserts, etc. before your commencement of travel. (But please know that we only want to highlight every possible event/problem/danger, like in a package insert of some medicine; in no case do those events occur on a regular basis!) Like in the Alps, a dangerous situation can suddenly develop, such as: a change in the weather pattern, rock fall, floods, injuries… Additionally, at high altitudes there can occur certain diffiulties in connection with adapting to the elevation. Your body has to adapt – the altitude, the temperature and the unusual physical effort put a strain on your circuit. Some trips might have very remote destinations, so there can be some delay if you need help from outside the area after an accident – or assistance from outside cannot be possible at all. These Special terms & conditions on hand are effective in addition to the General travel terms & conditions (ARB 1992), in case of contradiction the BRB apply primarily, the ARB 1992 secondary.

02. Our Concern

We want to promote a fair tourism with a positive effect on the country. We have local guides accompanying you on your journeys, they serve as middlemen and -women between the cultures and facilitate good communication with the people of the country.

03. Registration and Payment

Registration takes place in written form via e-mail. The travel contract is concluded if all the conditions of the contract are mutually agreed upon (prices, services and date in written acknowledgment). After you receive your travel confirmation an advance payment of 10 % of the travel price is due. Final payment is due twenty days before commencement of travel at the earliest – (on the principle of delivery vs. payment, i.e. travel documents are handed out after payment). When we act as agents, please refer to the terms of payment of the respective operator (e.g. the airline). Payment by credit card is possible with a surcharge of 1.5 % of the amount due.

04. Cancellation Rules

Until 60 days before commencement of travel: 10%; 59th-30th day: 20%; 29th-20th day: 50%; 19th-10th day: 65%; 9th-4th day: 85%; from the 3rd day or when interrupting a trip or you fail to appear at departure: 100%; based on the amount invoiced. There are certain cases where an even higher or different amount of cancellation fees is charged, e.g. ffor certain travel countries (like, for example, Bhutan) and special tours. But all this will be expressly stated on the specific tour programme and on yor booking confirmation. For cancellations of flight bookings we will charge cancellation fees as per airlines policy and add a handling fee of 50 EUR.

05. Personal Responsibility/State of Health

Participation in our trips happens at your own risk, being aware of all the particular dangers. Our clients are responsible for following all the rules for passport, visa, foreign exchange, customs, airport and health regulations regardless of our duty to supply information. We advise that you consult your doctor in case of preexisting conditions and unstable state of health before your trip. Every participant is responsible for the assessment of his or her fitness level and physical shape, we make sure to inform you about fitness requirements for every trip. I want to specifically point out that in case of travel interruption, you are not entitled to a refund of payments already made.

06. Adventure Aspect

Trekking-, expedition- or hiking trips are “special risk travels” as defined by the General travel terms & conditions. The character of a trekking-, expedition- or hiking trip can – under certain circumstances – demand changes from the original plan (weather, conditions of roads and paths, official arbitraryness, technical failures/defects, etc.) This is particularly concerning transport (changes of flight plans, temporary lack of transportation, vehicle defects, animal illness, etc.). So, if there are any delays, limitations or cancellation of parts of the program for one of those reasons, the contracting parties anticipate the possibilities of those incidents and it is not seen as a defect. No warranty claims can be requested for that reason. Nevertheless, we guarantee meticulous planning and careful arranging of our tours. The tour operator is liable for any personal or property damage resulting from a fault on our part – occuring despite the aforementioned principles. There is only one exception, we are not liable for property damage due to ordinary negligence – this also includes external service. The upper limit for (non-personal) damages is the triple travel price you paid. If there are limitations to the damage claims or if claims are not possible to file at one of our servide providers (through international agreements), there are the same regulations applying to our services. We are not liable for damages that happen because our tour guide’s instructions were not followed! It is an obligation to follow the instructions of our tour guides (concerning performance during the tour and safety of the participants), it is an important part of your travel contract. If someone is culpably transgressing his or her contractual obligation, he or she has to make good any damages occuring for the tour operator. If an accompanying traveler is unable to attend, we will provide a substitute companion – this is not a reason to cancel the tour (at our cost). Means of transport are not luxury vehicles, the conditions on the road are sometimes rough, so our equipment is functional, not luxurious. There is no liability for damages of luggage.

07. Acts of Nature beyond control

There is no influence on unforeseen circumstances like acts of nature, political unrest, etc. – resulting changes of the itinerary are possible, but no warranty claims can be requested for that reason. If those incidents result in higher/additinal cost, it is hereby agreed that the price of travel will be raised accordingly. Also at the expence of the travel participant: additional costs due to acts of nature, offical order or other reasons beyond or control (e.g. additional costs for airfare, accommodation, hotel or transfer). There can be isolated cases where an overnight stay in a shared room is necessary (instead of the double/single room agreed upon), no warranty claims can be requested for that reason.

08.Route changes or adjustments

We want to point out that we are not selling “off-the-shelf” tours, and changes to the itinerary can occur due to various reasons. It shall be understood that all our services can be subject to change due to changes or diversions of the routes for just cause (e.g. worsening of weather conditions, a change in the conditions of roads or paths, unforeseen weakness or illness of tour participant, important repair of vehicles, official arbitraryness, etc.) – no warranty claims can be requested for that reason. It is not a part of the travel contract that you reach a certain destination on your tour.

09. Specifications of hiking times

Our estimations of the character of a tour are always going to be an average. The actual time walked is a sum of the hiking speed and local conditions, there is always room for variation – in one or the other direction. No legal claim can be derived from different hiking times.

10. Travel insurance

Travel insurance is NOT included in our prices, but we strongly advise to buy travel insurance. Especially for hiking-, expedition- and trekking-tours.

11. Travel Bankruptcy Insurance

In case of bankruptcy all claims have to be filed within 8 weeks directly at the appropriate liquidator: TVA-Tourismusversicherungsagentur GmbH, Baumannstrasse 9, 1030 Vienna. Phone:+43 1 361 90 77 44.

12. Operator/Jurisdiction

Tour operator: GESAR Travel & more EU, Hauptstrasse 153/19, 2391 Kaltenleutgeben, Österreich
Operator-Nr.: 2012/0032
Place of jurisdiction is Mödling.

Bank details: Sparkasse Kremstal-Pyhrn, BLZ: 20320, KtoNr: 25001075852
IBAN-Code: AT212032025001075852, BIC: ASPKAT2LXXX

On legal gronds, we have to contrast our own Special Terms & Conditions (BRB) with the General Travel Terms & Conditions (ARB) for your information.

General travel terms & conditions (ARB 1992)

(ARB 1992)
Adaptation to the amendment to the Consumer Protection Act BGBl. 247/93 and to the Warranty Rights Amendment Act, BGBI. I No 48/2001

Together they consult in the Consumer Policy Advisory Council of the Federal Minister for Health, Sport and Consumer Protection in accordance with § 73 para. 1 GewO 1994 and § 8 of the Ordinance of the Federal Minister for Economic Affairs in the 1994 version on the operating regulations for the travel agency trade (now § 6, according to BGBl. II No. 401/98).

The travel agency may act as an intermediary (Section A) and/or as an organiser (Section B).

The intermediary undertakes to endeavour to secure a right to the services of others (organizers, transport companies, hoteliers, etc.).

Organizer is a company which either offers several tourist services at a flat price (package tour/travel event) or promises to provide individual tourist services as its own services, generally providing its own brochures, tenders, etc.

A company acting as a tour operator may also act as an intermediary in the case of third-party services (e.g. optional excursion to the holiday destination) provided that it makes reference to this intermediary function.

The following terms and conditions represent the contract text for which travel agencies usually conclude contracts as intermediaries (Section A) or as organizers (Section B) with their customers/travelers (note: within the meaning of the KSchG).

The special conditions

– the intermediary tour operators,
– the transport companies involved (e.g. rail, bus, airplane and ship) and
– the other mediated service providers

go ahead.

A.THE TRAVEL AGENCY AS AN INTERMEDIARY

The following terms and conditions are the basis of the contract (customership agreement) which customers conclude with an intermediary.

1. booking/conclusion of contract

The booking can be made in writing or (remote) orally. (Tele-) verbal bookings should be confirmed immediately in writing by the travel agency.

Travel agencies should use booking vouchers that contain all essential information about the client’s order, with reference to the travel advertisement (catalogue, brochure, etc.) on which the booking is based.

With regard to his own performance and to the performance of the organiser mediated by him, the intermediary shall, in accordance with § 6 of the Practice Regulations for the Travel Agency trade, apply to the actual

GENERAL TERMS AND CONDITIONS OF TRAVEL, draw attention to demonstrably deviating travel conditions and, in this case, hand them over before the conclusion of the contract.

Insofar as services of foreign entrepreneurs (service providers, tour operators) are mediated, foreign law may also apply.

The person who makes a booking for himself or for a third party is therefore considered to be the principal and, in the absence of any other declaration, assumes the obligations arising from the placing of the order vis-à-vis the travel agency (payments, withdrawal from the contract, etc.).

At the time of booking, the travel agent may charge a processing fee and a (minimum) deposit.

The final payment as well as the replacement of cash expenses (telephone charges, telex charges, etc.) are due when the travel documents (not including personal documents) of the respective tour operator or service provider are handed over to the travel agency.
Travel companies that accept bookings are obliged to provide the traveller with a confirmation of the travel contract (travel confirmation) at or without delay after the conclusion of the contract.

2. Information and other ancillary services

2.1. Information on passport, visa, currency, customs and health regulations

Known is assumed that a valid passport is usually required for travel abroad.

The travel agency shall inform the customer about the applicable foreign passports, visas and health-police entry regulations as well as about foreign currency and customs regulations upon request, insofar as they can be found out in Austria. In addition, the customer is responsible for compliance with these regulations. If possible, the travel agency will arrange for a visa for a fee.

If possible, the travel agency will provide information on special regulations for foreigners, stateless persons and holders of dual citizenship.

2.2. Information about the travel service

The travel agency is obliged to present to the best of its knowledge the service to be mediated by the tour operator or service provider, taking into account the particularities of the respective contract mediated and the circumstances of the respective destination country or destination.

3. Legal Status and Liability

The liability of the travel agency shall extend to:

– the careful selection of the respective organizer or service provider and the careful evaluation of the experience gained;
– the proper provision of services, including appropriate information for the customer and follow-up of travel documents;
– the demonstrable transmission of announcements, declarations of intent and payments between the client and the mediated company and vice versa (such as changes to the agreed service and the agreed price, declarations of withdrawal, complaints).

The travel agency shall not be liable for the provision of the services provided or procured by it.

The tour operator shall provide the customer with the travel confirmation with the company word (product name), the address of the tour operator and, if applicable, of an insurer under one, unless this information is already contained in the brochure, catalogue or other detailed promotional material. If it fails to do so, it is liable to the customer as organiser or service provider.

4. performance disruptions

If the travel agency breaches its obligations under the contractual relationship, it is obliged to compensate the customer for the resulting damage, if it does not prove that it is not guilty of wilful intent or gross negligence.

For breach of contract due to lesser negligence, the travel agency is obliged to compensate the customer for any resulting damage up to the amount of the commission of the brokered transaction.

B. THE TRAVEL AGENCY AS ORGANIZER

The following conditions are the basis of the contract – hereinafter referred to as the travel contract – which the booking party concludes with an organiser either directly or with the assistance of an intermediary. In the event of direct conclusion, the organizer shall fulfil the obligations of intermediaries accordingly.

The organizer recognises in principle the present GENERAL TERMS AND CONDITIONS,

Deviations are shown in all its detailed advertising documents in accordance with § 6 of the Exercise Regulations.

1. Booking/Conclusion of contract

The travel contract is concluded between the booking party and the organiser if there is agreement on the essential elements of the contract (price, service and date). This gives rise to rights and obligations for the customer.

2. Change in the person of the traveler

A change in the person of the traveler is possible if the replacement person fulfils all the conditions for participation and can be done in two ways.

2.1. Assignment of entitlement to travel services

The obligations of the booking party under the travel contract remain valid if he assigns all or individual claims under this contract to a third party. In this case, the booking party shall bear the resulting additional costs.

2.2. Transmission of the travel event

If the customer is prevented from starting the travel event, he may transfer the contractual relationship to another person. The transfer must be communicated to the organizer either directly or through the intermediary within a reasonable period before the departure date. The tour operator may announce a specific deadline in advance. The transferor and the transferee shall be jointly liable for any unpaid remuneration and, where appropriate, for any additional costs incurred as a result of the transfer.

3. Contract content, information and other ancillary services

In addition to the information obligations incumbent on the intermediary (i.e. information on passports, visas, foreign currency, customs and sanitary entry regulations), the organiser must provide sufficient information on the services offered by him. The service descriptions in the catalogue or brochure valid at the time of booking and the other information contained therein are the subject of the travel contract, unless otherwise agreed upon at the time of booking. However, it is recommended that such agreements should be in writing.

4. Travel with special risks

In the case of journeys with special risks (e.g. expedition character), the organizer is not liable for the consequences that arise in the course of the occurrence of the risks, if this occurs outside its area of responsibility.

This does not affect the tour operator’s obligation to prepare the trip carefully and to carefully select the persons and companies responsible for the provision of the individual travel services.

5. Legal bases in the event of disruptions in performance

5.1. Warranty

The customer has a warranty claim in the event of non-performance or defective performance.

The customer agrees that the organiser shall provide him with a fault-free service or improve the defective service in lieu of his right to conversion or price reduction within a reasonable period of time.

Remedies may be made in the way that the defect is rectified or a substitute service of equal or higher value, which also receives the express consent of the customer, is provided.

5.2. Compensation

If the organizer or his assistants culpably violate the obligations incumbent on the organizer from the contractual relationship, the latter shall be obliged to compensate the customer for the resulting damage.

Insofar as the tour operator is liable for persons other than its employees, it shall be liable – except in cases of personal injury – only if it fails to prove that they were not wilful or grossly negligent.

Except in the case of wilful intent and gross negligence, the tour operator shall not be liable for items not normally taken with him, unless he has taken them into custody with knowledge of the circumstances.

It is therefore recommended that the customer does not take any items of special value with him. It is also recommended that the items taken with you are properly stored.

5.3. Notification of Defects

The Customer shall immediately notify a representative of the Organizer of any defect in the performance of the contract that he discovers during the trip. This presupposes that one has been made known to him and that he can be reached on the spot without any significant effort. The omission of this communication does not alter the provisions of point 5.1. described warranty claims of the customer. However, it may be imputed to him as co-fault and to this extent reduce any claims for compensation. However, the organiser must have informed the customer in writing, either directly or through the intermediary, of this obligation to notify. Likewise, the customer must have been informed at the same time that failure to communicate does not affect his warranty claims, but can be credited as co-fault. If necessary, in the absence of a local representative, it is advisable to inform either the respective service provider (e.g. hotel, airline) or directly the organiser of any deficiencies and to request remedial action.

5.4. Liability Special Laws

The operator is liable for air travel under, inter alia, the Warsaw Convention and its Additional Convention, and for rail and bus travel under the Railway and Motor Vehicle Liability Act.

6. Assertion of any claims

In order to facilitate the assertion of claims, the customer is recommended to obtain written confirmation of non-provision or defective provision of services or to secure documents, proofs and witnesses.

Warranty claims can only be asserted within 6 months. For bookings from 1 January 2002 onwards, a two-year deadline applies to consumers.

Claims for damages expire after 3 years.

It is advisable in the interest of the traveller to make claims immediately after returning from the trip directly with the organiser or through the intermediary travel agency, as with increasing delay there are likely to be difficulties of proof.

7. Cancellation of the contract

7.1. Cancellation by the customer before the start of the trip

a) Cancellation without cancellation fee
Apart from the statutory right of withdrawal, the Customer may withdraw without the organiser having any claims against him in the following cases, which occur before the beginning of the service:

If essential elements of the contract, which also includes the travel price, will be changed significantly.

In any case, the avoidance of the conditional purpose or character of the travel event, as well as an in accordance with Section 8.1. an increase in the agreed travel price by more than 10 percent such a contract – amendment. The organizer is obliged, either directly or through the intermediary travel agency, to inform the client of the contract modification without delay and to inform him of the existing option either to accept the contract modification or to withdraw from the contract; the client has to exercise his right of choice without delay.
If the organizer is at fault for the occurrence of the event that entitles the customer to withdraw, the organizer is obliged to compensate the customer.

b) Entitlement to compensation
The customer can, if he is lit by the withdrawal possibilities loudly. a does not make use of the contract and, in the event of cancellation by the tour operator without the fault of the customer, demand fulfilment of the contract by participating in an equivalent other travel event, provided that the tour operator is able to provide this service.

In addition to the right to vote, the customer is also entitled to compensation for damages due to non-performance of the contract, except in the cases of 7.2. come to bear.

c) Cancellation with cancellation fee
The cancellation fee is proportional to the price of the trip and depends on the date of cancellation and the type of trip. The travel price or flat-rate price is the total price of the contractually agreed service.
The customer is not under lit in all. a above mentioned cases against payment of a cancellation fee entitled to withdraw from the contract. If the cancellation fee is inappropriate, it may be moderated by the court.
Depending on the type of travel, the following cancellation rates apply per person:

1. Special flights (charter), groups – IT (group packages on scheduled services), bus company trips (multi-day trips)
up to 30 days before the start of the journey…………………………………………….10%
from the 29th to the 20th day before departure………………………………………..25%
from the 19th to the 10th day before departure…………………………………………50%
from the 9th to the 4th day before departure……………………………………………65%
from the 3rd day (72 hours) before departure…………………………………………..85%
the price of the trip.

2. Individual – IT (individual scheduled packages), rail company travel (except special trains)
up to 30 days before the start of the journey…………………………………………….10%
from the 29th to the 20th day before departure………………………………………..15%
from the 19th to the 10th day before departure…………………………………………20%
from the 9th to the 4th day before departure……………………………………………30%
from the 3rd day (72 hours) before departure…………………………………………..45%
the price of the trip.

Special conditions apply for hotel accommodation, holiday apartments, boat trips, bus trips, special trains and scheduled flights at special fares. These are listed in the detailed programme.

Declaration of withdrawal
Withdrawal from the contract, the following must be observed:
The customer (principal) may at any time inform the travel agency with which the trip has been booked that he/she withdraws from the contract. In the event of a cancellation, it is recommended to do so – by registered letter or – in person with a simultaneous written declaration.

d) No-show

No – show occurs if the customer does not leave due to a lack of will to travel or if he fails to leave due to negligence or accident. If it is also made clear that the customer cannot or does not want to use the remaining travel service, he has lit aloud for travel types. c 1. (special flights, etc.) 85 per cent, according to lit. c 2. (individual – IT, etc.) to pay 45 percent of the travel price.

If the above-mentioned rates are inappropriate, they may be moderated by the court on a case-by-case basis.

7.2. Cancellation by the organizer before the start of the trip

a) The organizer is exempted from performance of the contract if a minimum number of participants specified in the invitation to tender is not reached and the client has been notified in writing of the cancellation within the following deadlines indicated in the description of the tour event:
– up to the 20th day before the start of the journey in the case of journeys of more than six days,
– up to the 7th day before departure for journeys of 2 to 6 days,
– up to 48 hours before departure for day trips.

If the organizer is at fault for not reaching the minimum number of participants beyond simple negligence, the customer may demand compensation, which is lump summed up with the amount of the cancellation fee. The assertion of damages in excess of this amount shall not be excluded.

b) Cancellation is due to force majeure, i.e. due to unusual and unforeseeable events beyond the control of the party invoking force majeure and the consequences of which could not have been avoided despite due diligence. However, this does not include overbooking, but rather government orders, strikes, war or warlike conditions, epidemics, natural disasters, etc.

(c) In cases where: (a) and b) the customer will receive back the amount paid. The right to vote according to 7.1.b, 1st paragraph is granted in the.

7.3. Cancellation by the organizer after the start of the trip

The organizer is released from the performance of the contract if the customer in the course of a group trip interferes with the execution of the trip by grossly improper conduct, regardless of a warning.

In this case, the customer is obliged to compensate the organiser for the damage if he is at fault.

8. Changes to Contract

8.1. Price Changes

The organizer reserves the right to increase the travel price confirmed with the booking for reasons beyond its control, if the travel date is more than two months after the conclusion of the contract. Such reasons shall be limited to changes in the transport costs, such as fuel costs, of charges for certain services, such as landing fees, boarding or disembarkation fees at ports and related charges at airports, or to the exchange rates applicable to the event in question.

In the event of a price reduction for these reasons, it must be passed on to the traveller.

Price increases may only be made within the two-month period if the reasons for them have been negotiated in detail 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, in the event of the agreed conditions, a precise indication for the calculation of the new price is provided. Price changes and their circumstances must be explained to the customer immediately.

In the event of a change in the price of the trip by more than 10 percent, the customer can withdraw from the contract without a cancellation fee (see Section 7.1.a.).

8.2. Changes in service after the start of the trip

– Changes for which the organiser is responsible shall be subject to the rules set out in Section 5 (Legal Basis for Disruptions in Performance).
– If, after departure, it transpires that a significant part of the contractually agreed services is not or cannot be provided, the organizer must make reasonable arrangements without additional charge to enable the travel event to continue.

If such arrangements cannot be made or are not accepted by the Customer for valid reasons, the Organizer shall, if necessary, provide an equivalent means of transporting the Customer to the place of departure or to another place agreed with the Customer without additional charge. In the event of non-performance or defective performance of the contract, the organizer is obliged to assist the customer to overcome difficulties to the best of its ability.

9.Provision of information to third parties

Auskünfte über die Namen der Reiseteilnehmer und die Aufenthaltsorte von Reisenden werden an dritte Personen auch in dringenden Fällen nicht erteilt, es sei denn, der Reisende hat eine Auskunftserteilung ausdrücklich gewünscht. Die durch die Übermittlung dringender Nachrichten entstehenden Kosten gehen zu Lasten des Kunden. Es wird daher den Reiseteilnehmern empfohlen, ihren Angehörigen die genaue Urlaubsanschrift bekanntzugeben.

10. General

Sections 7.1 listed under B. letter c, formerly letter b (withdrawal), 7.1. lit d, formerly lit. c (no show) and 8.1. (Price changes) are a non-binding association recommendation under 1 Kt 718/91-3 and are now entered as such under 25 Kt 793/96-3 in the cartel register.

You can also download the STC (special travel conditions) and Terms and Conditions as PDF.

For us it is always important to have a good relationship with our guests. Therefor we kindly ask you to contact us immediately if there is any trouble. Only if you do so it is possible for us to try to solve the problem. We appreciate it a lot to look together for a solution that soothes both sides. Until now it was always possible to find ways that are acceptable for both sides.

We know our responsibilites and we are ready to accept our mistakes – because it is also a way of getting better and learn more.

We are humans and we like to keep our business relations human as well. It would be great if you see it the same way!