Travel Terms & Conditions

ARB 1992

General Travel Terms and Conditions (ARB 1992)
Adaptation to the amended law on the consumer protection act BGBL (Official Federal Gazette) 247/93

1. Conclusion of the travel contract:
1.1. When making a reservation, the customer is offering the Oberösterreich Touristik GmbH a binding travel contract. The reservation is to be made in writing via the form provided. The reservation made by the applicant is binding for all named participants.
1.2. The reservation comes into being upon the issuing of a confirmation of booking for such reservation by the Oberösterreich Touristik GmbH. Any changes and subsidiary agreements to the concluded travel contract must be confirmed in writing by us.


2. Payment:
Our customers from Germany can pay in the amount free of charge to our German account. If the payment is made via our Austrian account, the domestic bank charges are to be borne by the customer and the foreign bank charges are to be borne by the payee. The quoted prices include all charges and all supplements.

3. Cancellation by the customer / alteration of a reservation
3.1. The customer is entitled to cancel the contract in writing at any time before commencement of the trip. In the case of such a cancellation or should the customer not commence the trip, we are entitled to charge the following cancellation fees:
Cycling, hiking, congress, conference, events:
up to 28 days before arrival: 20%
27 days to 14 before arrival: 30%
13 to 8 days before arrival: 50%
7 to 1 day before arrival: 70%
on the due arrival date or later: 90%
of the price.
All other types of holiday
up to 28 days before arrival: 10 %
27 days to 14 before arrival: 30 %
13 to 8 days before arrival: 50 %
7 to 4 days before arrival: 60 %
in the case of cancellation on or after the 3rd day and non-commencement of the trip: 75% of the price.
3.2. Each registered participant may be replaced by a third party should we be informed of this up to three days before commencement of the trip. The Oberösterreich Touristik GmbH is entitled to oppose the participation of the third party for a good reason. The aforementioned cancellation conditions apply in this case. Should a replacement take the place of the registered person, this does not alter the original contract. We charge a fee of € 30 per person for this change in reservation. 3.3. For changing a reservation (changing the travel dates, the length of the stay, the destination, etc.), we charge a processing fee of € 30 per person.

4. Services:
The offer made by the Oberösterreich Touristik GmbH for the period of travel is binding for the scope of the services specified in the contract. Any deviating information or agreements derived from arranging travel agencies, brochures of the destination / hotel or other third parties are not binding.


5. Liability and limitation of liability:
5.1. The Oberösterreich Touristik GmbH is liable as part of the duty to take care as a prudent businessman for the conscientious preparation of holidays, the careful selection and supervision of the service providers and the correctness of the description of services valid for the relevant period during the period in time of printing our brochure.
5.2. Participation is at the customers’ own risk. Minors may only participate in the presence of a parent or guardian.
5.3. Each participant bears the responsibility of being physically fit enough to face the challenges faced by the holiday.
5.4. Compliance with road traffic regulations is also the responsibility of the participant.
5.5. The conditions of carriage of the relevant transport company apply to all methods of transport (bus, boat, train, etc.).
5.6. Should, for reasons which we cannot influence, (reconstruction, renovation works, etc.), a planned visit not be available, we may not be held responsible.
5.7. Should any damage occur caused exclusively by any service providers selected by us or which are the result of neither wilfulness nor gross negligence on our part, our liability – irrespective of the cause in law – shall be limited to three times the sum total of the holiday.
5.8. Should damage occur due to loss or damage of your luggage transported by us, we are only liable should we be responsible for this damage and should we immediately be notified in writing of this damage. However, liability is limited to a maximum of € 370 per piece of luggage and person.
5.9. Should a trip be cancelled due to reasons out of our control (strike, natural disaster, etc.), or should less than 8 people participate in a trip – provided no other number is specified in the relevant description – we reserve the right to cancel the trip. In this case, you will be immediately informed and any payments already received shall be returned immediately. No further claims may arise.


6. Guarantee:
6.1. Corrective measures
Should the trip not be carried out in accordance with the contract, the customer is entitled to demand corrective measures. The stipulations of the contract are specified by the description of services on the one hand and, on the other hand, local practice at the destination. The Oberösterreich Touristik GmbH is entitled to refuse the claim for corrective measures should the corrective measures demand disproportionate expense, yet is entitled to make corrective measures in the form of equal or higher-quality substitute services. The customer may only refuse to accept such substitute services for an important, objectively recognisable reason.
The demand for corrective measures is to be directed directly to us or to our courier in the destination. However, the courier is not empowered to recognise claims.
6.2. Reduction of the price
The customer is entitled to claim a reduction on the cost of the trip for the duration of the non-performance of the services stipulated in the contract until implementation of the corrective measures by the Oberösterreich Touristik GmbH, upon his or her return home. The reduction does not apply in the case that the guest culpably fails to indicate the defects in good time to those authorities stated in point 6.1 to allow corrective measures to be implemented.


7. Duty to cooperate:
7.1. Should the guest not receive his or her travel documents in good time before commencement of the holiday, he or she must inform the Oberösterreich Touristik GmbH of this immediately.
7.2. The guest is obliged to do anything he or she can reasonably be expected to do in the case of any disruptions to services in order to contribute toward the alleviation of the disruption and to keep any ensuing damage as low as possible or to avoid such altogether. In particular, the customer is obliged to immediately make known his or her complaints to the authority indicated in point 6.1. These offices are responsible for implementing corrective measures in so far as this is possible. Should the customer culpably fail to indicate the defects, no claim for reduction shall apply.


8. Miscellaneous:
8.1. The customer is responsible for compliance with all passport, visa, customs and health regulations.
8.2. The invalidity of any individual regulations in the travel contract does not result in the invalidity of the overall contract.


9. Jurisdiction / applicable law:
9.1. The contractual relationship is subject to Austrian law. Place of jurisdiction is Linz.
9.2. For legal action taken by the tour operator against the customer, the place of residence of the customer is binding, unless the legal action is directed at fully-qualified merchants or persons who do not have a general place of jurisdiction in Austria. In this case, the headquarters of the tour operator is binding.

Tour operator:
OÖ Touristik GmbH
A-4041 Linz/Donau, Freistädter Straße 119,
Tel.: +43 (0)732/72 77 - 200
Commercial register number 88092y; registration in the tour operator registry of the federal ministry for economic affairs: 1998/0129


Dear guest,
By Austria’s joining the EU, tour operators are legally obliged to safeguard the holiday price paid by the customer in accordance with the EU package holiday guidelines (article no. 7).
The safeguarding of the customer’s money is provided by means of a bank guarantee. This banking house is instructed to guarantee / return these payments to the customers in accordance with the duties entered into.