General terms and conditions as travel agent Zillertal-reisen Oosterom GmbH

VALID FOR DEPARTURES FROM 01.05.2022
Below you will find the General Terms and Conditions of Zillertal-reisen Oosterom GmbH, which come into effect when you have made a booking on www.Zillertal-reisen.com.

1.1 The travel agent arranges travel contracts for individual travel services (such as flights, hotels, etc.), vacation packages (as defined in Section 2 (2) PRG) and related travel services (as defined in Section 2 (5) PRG) between the tour operator or service provider on the one hand and the traveler on the other . The travel agent performs its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG), and the Package Travel Ordinance (PRV) with the care of a prudent entrepreneur. In the following, travel agent means the company Zillertal-reisen Oosterom GmbH.

1.2 The general terms and conditions are deemed to be agreed when they have been transmitted or the traveler has been able to see their content. They form the basis of the agency contract concluded between travel agents and travelers.

1.3 The present general terms and conditions apply to the agency contract. The respective general terms and conditions apply to contractual relationships between the traveler and the brokered tour operator, the brokered transport companies (e.g. train, bus, plane and ship, etc.) and other brokered service providers, provided they have been communicated to the traveler or the traveler can see their content could and the content of the terms and conditions is not illegal or violates existing law.

2 tasks of the travel agent
2.1 Based on the information provided by the traveler, the travel agent creates travel suggestions for the traveler. These are non-binding, so they are not yet offers within the meaning of § 4 PRG. If, based on the information provided by the traveler, no travel suggestions can be made, the travel agent will point this out to the traveler. The travel suggestions are based on the information provided by the traveler, which is why incorrect and / or incomplete information provided by the traveler - in the absence of information from the traveler - can form the basis of the travel suggestions. When creating travel proposals, for example (without claiming completeness), the amount of the price, specialist skills of the tour operator / service provider, discounts, the best price principle and other, at most, can be used as parameters.

2.2 If the traveler has a specific interest in one of the travel suggestions submitted by the travel agent, the travel agent will create a travel offer based on the travel suggestion in accordance with the provisions of § 4 PRG, insofar as these are relevant to the trip. The travel offer created by the travel agent does not bind the tour operator or, in the case of connected travel services or individual travel services, the service provider. Intermediate sale,
Subject to price and flight time changes. A contract between the tour operator or, in the case of connected travel services or individual travel services between the service provider and the traveler, comes into being when the travel offer is accepted by the traveler (= contract declaration by the traveler).

2.3 The travel agent advises and informs the traveler on the basis of the information provided by the traveler to the travel agent. The travel agent provides the package tour of the tour operator to be conveyed to the traveler or, in the case of connected travel services or individual travel services, the service provider 's service taking into account the customary national conditions of the respective country of destination / destination as well as taking into account any special features associated with the trip (e.g. Expedition trips) to the best of our knowledge. There is no obligation to provide information about generally known circumstances (e.g. topography, climate, flora and fauna of the destination desired by the traveler), unless, depending on the type of travel, there are no circumstances that require separate clarification or if it is not necessary to provide information about the conditions for the provision and the process or the performance of the service to be mediated. Basically, it must be taken into account that the traveler deliberately chooses a different environment, and the standard, the equipment, the food (especially spices) and hygiene are based on the respective regional standards / criteria customary for the destination country / destination. In addition, the traveler has the possibility to read more detailed information about the country-specific conditions, in particular with regard to the location, location and standard (country-specific) of the services to be mediated, in principle in the catalog or on the website of the respective tour operator.

2.4 The travel agent informs the traveler in accordance with § 4 PRG before he is bound by a contractual declaration to a package travel contract:

2.4.1 On the existence of a package tour using a standard information sheet in accordance with Section 4 (1) PRG.

2.4.2 About the information listed in § 4 Para 1 PRG, provided that it is relevant for the package holiday to be arranged and is necessary for the implementation and provision of services (e.g. for a pure beach holiday, no information about visits as for study trips etc. is required, provided this are not part of the agreed services). In addition, this information can - if available - be viewed in the catalog or on the homepage of the respective tour operator.

2.4.3 Whether the package tour to be arranged for the traveler is generally suitable for people with reduced mobility, provided that this information is relevant for the package tour in question (Section 4 (1) 1 h PRG). A person with restricted mobility is analogous to Art 2 lit a VO 1107/2006 (rights of disabled air travelers and air travelers with limited mobility) a person with a physical disability (sensory or motor, permanent or temporary) who is claiming components of the package tour (e.g. use of a means of transport, accommodation) and requires adaptation of the services to be arranged to the special needs of this person.

2.4.4 About general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for handling health-related formalities (Section 4 (1) 6 of the PRG), provided this information is relevant for the package tour in question. Upon request, the travel agent will provide information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health-related formalities, and foreign exchange and customs regulations for travelers with Austrian citizenship can be obtained by selecting the desired country of destination at www.bmeia.gv.at/reise-sitzhalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities.
2.5 The travel agent informs the traveler, before he is bound by a contractual declaration, in accordance with § 15 Para. 1 PRG for connected travel services that the traveler cannot exercise any rights that apply exclusively to package tours and that each service provider only for the contractual ones The provision of his service is liable and that the traveler benefits from insolvency protection in accordance with the Package Travel Ordinance. The travel agent complies with this information obligation in accordance with section 15 (2) of the PRG if he provides the corresponding standard information sheet in accordance with PRG Annex II, provided the type of travel services connected is covered in one of these standard information sheets.

2.6 Special requests of the traveler in the sense of customer requests (e.g. sea view) are generally non-binding and do not trigger a legal claim as long as these requests are not made by the tour operator for package tours in the sense of a stipulation by the traveler in accordance with Section 6 Paragraph 2 Z1 PRG or for associated travel services or individual Travel services have been confirmed by the service provider in accordance with the traveler's requirements. If confirmation is given, there is a binding promise of performance.

2.7 The declarations by the travel agent represent a commitment to use, to forward the wishes of the traveler to the tour operator / specific service provider and are not a legally binding promise as long as they have not been confirmed by the tour operator or in the case of connected travel services or individual travel services by the service provider.

2.8 As is known, it is assumed that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is generally required for travel abroad, the validity of which is the responsibility of the traveler. The traveler is also responsible for observing the health formalities communicated to them. The traveler is responsible for obtaining a necessary visa, unless the travel agent has agreed to take care of it. The travel agent assumes no liability for the late issuance of the visa. In the event of stopovers, the traveler must also comply with the visa requirements of the respective countries.

2.8.1 Separate entry requirements apply to service passports, diplomatic passports, foreign passports or others.

2.8.2 Some airlines require a valid passport when returning, regardless of the entry requirements of the respective country!

3 Traveler's duty to inform and cooperate
3.1 The traveler must provide the travel agent with all necessary and relevant personal information (e.g. date of birth, nationality etc.) and relevant information (e.g. planned import / take away of medication, prostheses, animals, etc.) in good time, completely and truthfully. The traveler has the travel agent about all of his or her fellow travelers' circumstances (e.g. allergies, food intolerance, no travel experience etc.), and about his or the special needs of his fellow travelers, in particular about existing limited mobility or health status and other restrictions that apply to the creation of Travel suggestions / travel offers or for the execution or implementation of the trip and travel services may be relevant (e.g. for hiking trips etc.), if necessary with full qualified evidence (e.g. medical certificate).

3.2 The traveler is advised, if there is limited mobility or other restrictions or special needs within the meaning of point 3.1. (e.g. requirement of special medication, regular medical treatments etc.), which seem suitable to impair the travel arrangements, clarify with a doctor before booking whether the necessary travel ability is given.

3.3 If there is a restriction in the mobility of the traveler only in the period between the conclusion of the contract and the start of the trip or there are other restrictions within the meaning of 3.1. The traveler has to inform the travel agent immediately - whereby the written form is recommended for reasons of proof - so that the travel agent or the associated travel services or individual travel services can inform the service provider accordingly.

3.4 The traveler who makes a booking for himself or a third party through the travel agent is considered the client and takes over the obligations from the agency agreement towards the travel agent (e.g. Payment of the fee etc.).

3.5 The traveler is obliged to check all contractual documents (e.g. package tour contract, booking confirmation, vouchers, vouchers) transmitted by the travel agent for factual accuracy of his details / data and for any deviations (typing errors; e.g. name, date of birth) as well as incompleteness and in In the event of inaccuracies / deviations / incompleteness, the travel agent must be informed immediately for correction - the written form being recommended for reasons of proof.

3.6 This means that for travelers with reduced mobility (in accordance with Article 2 letter a of Regulation (EC) No. 1107/2006 on the rights of disabled air travelers and air travelers with reduced mobility) and their fellow travelers, for pregnant travelers, unaccompanied minor travelers and travelers who need special medical care, the tour operator's limited obligation to pay for the necessary accommodation in the event that return transport is not possible due to unavoidable and exceptional circumstances, the travelers concerned must inform the tour operator or travel agent of their special needs at least 48 hours before the start of the trip put.

3.7 Pursuant to Section 11 Paragraph 2 of the PRG, the traveler must immediately and completely report any non-conformity of the agreed travel services, taking into account the respective circumstances, including a specific description of the non-conformity / the defect, so that the tour operator can be put in a position to Non-conformity - insofar as this is possible or feasible depending on the individual case - taking into account the respective circumstances (e.g. time difference, impossibility to contact an expedition, existence of an alternative or an exchange / improvement option etc.) and the associated effort (e.g. replacement room) clean, find replacement hotel), to fix on site. If a breach of contract occurs during the normal business hours of the travel agent through which the package tour was booked, the Report the lack of conformity to the traveler. The traveler is advised to use the written form, particularly for reasons of proof. Outside normal business hours, the traveler must report any non-conformities to the tour operator's representative on site, or, if this is not available and / or is not contractually owed, to the tour operator directly under the emergency number provided in the package travel contract. In the event of failure to report a breach of contract, if remedial action was possible on site and a notification would also have been reasonable, this will have an impact on any warranty claims of the traveler. Failure to notify may also be counted as contributory negligence (§ 1304 ABGB) in accordance with § 12 Paragraph 2 PRG with regard to claims for damages. A report of a breach of contract does not result in a promise of performance by the tour operator.

3.8 The traveler is obliged to pay the fees agreed within the framework of the contract made in full and in due time in accordance with the payment terms. The traveler indemnifies the travel agent for the damage incurred by the travel agent in the event of non-payment (advance payments by the travel agent).

3.8.1 Full payment is only guaranteed if the fees agreed in the contract have been received in the travel agent's account or in cash. Payment slips or other bank confirmations will not be accepted as proof of full payment.

3.8.2 In the event of incomplete payment, the travel agent holds back the travel documents and the traveler is denied the start of the trip and the traveler is not entitled to the travel services being provided.

3.9 In the event of the assertion and receipt of payments from claims for damages or price reductions within the meaning of Section 12 (5) PRG (e.g. compensation payment in accordance with Art. 7 Passenger Rights Regulation) or in the event of other payments and services from service providers or third parties, Any claims for compensation or price reduction by the traveler against the tour operator (e.g. payments from the hotel) are to be fully and truthfully notified to the travel agent or tour operator. The multiple assertion of claims by the traveler is not permitted.

4 insurance
4.1. When traveling on vacation, it should be noted that no valuable objects, important documents, etc. should be taken with you. For important documents, the production and use of copies - as far as their use is permitted - is recommended. The theft of valuables cannot be ruled out and is generally borne by the traveler himself as a realization of the general risk to life.
4.2. It is recommended to take out insurance (for travel cancellation, interruption of travel, luggage, travel liability, travel health insurance, protection against delay, personal protection, etc.), which guarantees sufficient cover from the date of the travel contract until the end of the package tour. The traveler can read more information about insurance in the tour operator's catalog.

5 Booking / conclusion of contract / down payment / final payment
5.1 Upon conclusion of a travel contract or immediately thereafter, the traveler receives a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, email). made available.

5.2 Unless otherwise agreed, the traveler will be given the last delivery / contact address provided by him / her, unless otherwise agreed, with the booking vouchers, vouchers, tickets and tickets, information on the planned expected departure times and, if applicable, on planned intermediate stations, connecting connections and arrival times made available. If the documents / documents just mentioned are incorrect / deviations / incompleteness within the meaning of 3.5. the traveler must contact the travel agent or tour operator.

5.3. The contract is concluded between the traveler and the travel agent if there is agreement on the essential parts of the contract (price, service and date) and the traveler accepts the offer of the travel agent. This results in rights and obligations for the travel agent and for the traveler.
Down payment 30% After reservation> Payment within 14 days (min. 42 days before arrival)
Remaining payment 70% Payment 42 days before arrival
If the accommodation is booked separately via various booking platforms (such as Booking.com, Fewo.Direkt, Home-Away), other reservation and cancellation conditions are binding.
You can read these conditions when booking accommodation on the platforms.

5.4. If a contract is concluded within 42 days before arrival, the entire travel price is due upon receipt of the reservation confirmation.

5.5. If the traveler meets his payment obligations in accordance with 5.1, 5.2., 5.3. or 5.4. the travel agent reserves the right, after issuing a warning with a deadline, to withdraw from the contract and to claim compensation in accordance with the flat-rate compensation.
Before concluding the travel contract, you will receive information from the agent as to when the travel sum must be paid in full. The agent can request a down payment. He will announce the amount of the deposit before or after signing the travel contract.
If you have not fulfilled your financial obligations at the time specified by the intermediary, you are legally in default.
If you are in arrears, the intermediary or someone on his behalf will ask you to pay and you will have 14 days to meet your obligations. You are advised that from this date the agreement will be considered canceled if you do not pay.
The agent pays amounts already paid with the cancellation fees. If the departure date is within these 14 days, you must pay the full travel amount at least 24 hours before the departure date.
If you have not paid on time, you owe statutory interest for the amount due from the default date. After a reminder, you have to
pay the extrajudicial collection costs.
The extrajudicial costs amount to a maximum of 15% with a travel sum of up to 2500 €; 10% on the following 2500 €; 5% on the next 5000 € and 1% on the deductible with a minimum of 40 €. The travel agent may deviate from the above amounts and percentages to your advantage.

6 Price changes before the start of the trip
6.1 The travel agent shall provide the traveler at the address he last provided with clear, understandable and clear information on a permanent data medium (e.g. paper, email) regarding price changes within the meaning of § 8 PRG, which the tour operator has reserved in the package travel contract, at the latest 20 days Start of the package tour, stating the reasons for the price change, in knowledge.

7 Changes to the service before the start of the trip
7.1 The travel agent places the traveler at the last address given by him clearly, understandably and clearly on a permanent data medium (e.g. paper, email) about minor changes to the content of the travel contract, which the tour operator has reserved in the travel contract and which he unilaterally in accordance with § 9 Paragraph 1 of the PRG.

7.2 Insignificant changes are - and this must be checked in each individual case - minor, objectively justified changes which do not significantly change the character and / or the duration and / or the service content and / or the quality of the package tour booked.

7.3 Significant changes can be a significant reduction in the quality or value of travel services to which the tour operator is forced if the changes affect essential characteristics of the travel services and / or have an impact on the package tour and / or travel arrangements. Whether a change or reduction in the quality or value of travel services is significant must be taken into account in individual cases, taking into account the type, duration, purpose and price of the package tour, taking into account the intensity and duration and causation of the change and, if necessary, the The accusability of the circumstances that led to the change must be assessed.

7.4 If the tour operator is forced to make substantial changes in the above-mentioned sense of those essential characteristics of the travel services that make up the character and purpose of the package tour (cf. 4 (1) line 1 PRG) or can he impose the customer's requirements, which are dated Tour operators have been expressly confirmed, fail to meet or increase the total price of the package tour in accordance with the provisions of § 8 PRG by more than 8%, the traveler can
• agree to the proposed changes within a reasonable period of time set by the tour operator, or
• agree to take part in a replacement trip, provided that this is offered by the tour operator, or
• withdraw from the contract without paying any compensation.

The travel agent therefore informs the traveler in the cases just mentioned about the following points at the last address given by him clearly, understandably and clearly on a permanent data medium (e.g. paper, email):
• the changes in travel services and, if applicable, their effects on the price of the package tour
• the reasonable period within which the traveler has to inform the tour operator of his decision, as well as the legal effect of not submitting a declaration within the reasonable period,
• If applicable, the package tour offered as a replacement and its price
The traveler is advised to use the written form to explain it. If the traveler does not provide a declaration within the period, this is considered approval of the changes.

8 liability
8.1 The travel agent is liable within the framework of § 17 PRG for booking errors (e.g. typing errors), unless these are due to an erroneous or incorrect or incomplete statement by the traveler or to unavoidable and extraordinary circumstances within the meaning of § 2 paragraph 12 PRG.

8.2 The travel agent is not liable for damage to property and pecuniary damage to the traveler in connection with the booking, provided that they are due to unavoidable and exceptional circumstances within the meaning of Section 2 (12) PRG.

8.3 The travel agent is not liable for the provision of the service brokered by him or for the provision of a service that has not been brokered by him or has not been promised by the traveler or for any additional services booked by the traveler after the start of the trip on site.

9 Travel agent fees
The travel agent is entitled to a reasonable fee for his work.

9.1 If the travel agent creates a travel offer that corresponds to the information provided by the traveler, but if no booking is subsequently made, the fee (advisory fee) per travel offer is EUR 50. The traveler receives a travel voucher for the amount of the advisory fee.

9.2 If the travel agent books services (e.g. package tour, hotel, rental car, ship, etc.) with the respective tour operator or service provider, the fee (service fee) per traveler is EUR 20.

9.3 If the travel agent books flights with the respective tour operator or service provider, the fee (flight booking flat rate) per traveler, depending on the total flight price per person:
EUR 40 to EUR 199 total flight price
EUR 50 to EUR 399 total flight price
EUR 60 to EUR 599 total flight price
EUR 80 to EUR 799 total flight price
EUR 100 to EUR 999 total flight price
EUR 120 to EUR 1,199 total flight price
EUR 130 from EUR 1,200 total flight price

9.4 If the traveler wishes to transfer the package travel contract within the meaning of § 7 PRG to another person, the travel agent is entitled to the actual and not unreasonable costs of the transfer, but in any case a processing fee of EUR 30.

9.5 For changes (e.g. rebooking, name change) that are required due to incorrect or incomplete information provided by the traveler, the travel agent is entitled to the actual and not unreasonable costs, in any case EUR 20 per traveler plus the rebooking fees of the tour operator or service provider, in accordance with Section 7 Paragraph 2 PRG .

9.6 If services (e.g. package tours, hotels, rental cars, ships, etc.) are canceled by the respective tour operator or service provider, the fee is EUR 20 per traveler and for flights EUR 30 per traveler.

10 Cancellation
10.1 The traveler can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the cancellation notice by the travel agent. The usual business and processing times of the travel agent must be taken into account. The traveler is advised to declare the withdrawal in writing.

10.2 In the event of a cancellation, the tour operator or service provider is entitled to cancellation fees in accordance with the cancellation and cancellation conditions, which must be paid by the traveler.
Special conditions apply to hotel accommodation, holiday apartments, boat trips, day trips by bus, special trains and additional services (such as tickets etc.).

You can cancel free of charge up to 42 days before arrival.

Costs for cancellation from 42 days before departure until arrival

From 42 to 14 days before departure 70% of overnight stay amount
From 14 to 07 days before departure 90% of overnight stay amount
From 07 days to departure 100% of overnight stay amount

Amounts already paid in advance for ski passes, equipment rental and ski lessons can always be refunded for 100% up to 3 days of arrival

10.3 All previously charged fees of the travel agent are non-refundable in the event of a withdrawal.

10.4 Unless otherwise stated, the cancellation / no-show fee for arranged individual services, associated travel services and arranged travel packages or package tours organized by Zillertal-reisen Oosterom GmbH itself is 100% of the travel price.

11 Delivery - electronic correspondence
11.1 The last address given to the travel agent (e.g. email address) applies as the delivery / contact address of the traveler. Changes must be announced by the traveler immediately. It is recommended that the traveler use the written form.

12 Other provisions
12.1 Scheduled flights: Airlines stipulate that they use all booked flight routes. If a part of the route is not used, the airline may cancel the remaining flight routes and make an additional charge. The travel agent assumes no liability in the event of cancellation and any subsequent charges on the airline are borne by the traveler at full expense and will be charged to the traveler.

12.2 Duty to inform under data protection law: The personal data provided by the traveler are processed and used electronically insofar as they are necessary for the execution of the contract. All personal data of travelers are processed in accordance with Austrian and European data protection law. More information can be found at www. https://www.zillertal-reisen.com/en/privacy