A. Scope of application
1. The following general terms and conditions of travel (TCT) (Allgemeine Reisebedingungen (ARB)) shall apply to all business relations between Edelweiß Bike Travel Reise GmbH (in the following “EBTR”, “tour organiser” or “travel agent”) and its customers (in the following referred to as “travellers”). The version that is respectively valid at the time of the conclusion of the contract shall be decisive, respectively. Differing, deviating or supplementary general terms and conditions shall not be part of the contract, even with knowledge thereof, unless their applicability is expressly agreed to in writing. Nevertheless, separate terms and conditions mentioned in the different travel offers shall take in any case priority.
2. Travellers are persons concluding a contract, or, respectively, a preliminary contract concerning travel services with EBTR as travel agent or, respectively, as tour organiser concerning travels or, respectively, also any other person on whose behalf this person enters into a contract with and any person that assigns its claims to one of these persons (the purchaser)
B. Organising and procuring package tours
1. General provisions
The following provisions shall apply to all journeys organised or procured by EBTR which are governed by the Package Tours Act (Pauschalreisegesetz).
2. Contract conclusion
2.1. If a traveller is interested in a registration for a package tour, EBTR shall give the traveller a standardised information sheet tailored to the requested package tour with information about the significant properties of the travel service and all other information required by law. Furthermore, the traveller shall be given the present TCT in question in this context.
2.2. A registration handed in by the traveller for a package tour after the handover of the pre-contractual information as well as the TCT shall be a binding offer. When handing over the offer, the traveller accepts the pre-contractual information according to the standardised information sheet and the validity of the TCT in question. The registration can be done in writing or by phone. The pre-contractual information shall be provided orally if the order is made via phone. Bookings made via phone after any and all information was provided orally are valid.
2.3. The contract between the traveller and EBTR shall be concluded at the time at which the registration has been confirmed by EBTR by means of handing over or sending a written approval and a copy of the contract (contractual document). The contractual document shall show the whole content of the contract, in particular also any and all pre-contractual information and the TCT. The pre-contractual information as well as the present TCT shall become part of the contract. If the contract for the package tour is concluded when both contracting parties are present, the traveller shall have a right to a paper version. In the case of contracts concluded outside of business premises in the sense of sec. 3 cl. 1 of the Austrian Long Distance and Remote Sales Act (Fern- und Auswärtsgeschäfte-Gesetz; FAGG), the traveller accepts that he may, alternatively, also receive the copy or confirmation of the contract for the package tour on another durable data carrier (for example e-mail).
2.4. If multiple travellers are being registered at the same time, the traveller who carries out the registration shall be liable for the payment of the invoiced amount. It shall be assumed that one acts on one’s own behalf.
3. Information obligations
3.1. By delivering the standardised information sheet and the TCT before the conclusion of contract and the contractual document after the conclusion of contract, EBTR fulfils the statutory information obligations.
3.2. As travel agent, or, respectively, tour organiser of package tours, EBTR shall be obliged, inter alia, to inform travellers about the valid provisions concerning passport, visa, foreign currency, customs duty and vaccinations including the approximate deadlines for attaining visas and for processing formalities with the police in charge of sanitary and public health associated with the package tour. Each participant shall however be responsible himself/herself for observing these provisions. It is presumed to be known that generally a valid passport is required to travel abroad; it is the responsibility of the traveller himself/herself to make sure that the passport is valid.
3.3. Provided that the travel agent or tour organiser carries out the registration within the framework of electronic systems for travel authorisation (for example ESTA/USA, e-Visa/Turkey, eTA/Canada) for the traveller, any liability concerning the correct submission of data into the system shall be excluded.
With the registration, at the earliest, however, eleven months before With the registration a down payment of USD 500.00 shall be made. The Remaining payment shall be paid into the account of EBTR without any further request 60 days before the journey starts – concurrently against delivery of the travel documents. In case of procured journeys, the payment conditions of the respective organiser or, respectively, service provider shall apply. EBTR expressly reserves the right to cancel the booking for the traveller at his/her own expense if payment deadlines are not complied with.
5. Transfer of and changes to the contract for the package tour
5.1. Transfer: The traveller may transfer the contract for the package tour to a person that fulfils all terms and conditions of the contract and is suitable for the package tour In case of package tours in Europe, the traveller shall inform EBTR in writing or via e-mail on the transfer within a reasonable period of at least seven days before the beginning of the package tour. In case of package tours to other continents, a longer period may be scheduled in the contractual documents due to longer processing times Adequate processing fees as well as other necessary fees, charges and costs may be prescribed for the transfer. In this context it is to be noted that many airlines or other carriers or service providers may treat changes to the date of the journey or the name of the traveller as cancellations and bill same accordingly. Should this lead to additional costs, then these costs shall be invoiced to the traveller. In the case of replacement participants, EBTR incurs in particular rebooking fees, the amount of which depends on the respective service providers, but is at least USD 95,00 per person. The traveller who transfers the contract for the package tour and the person who enters the contract are liable as joint and several debtors for the still outstanding amount of the tour price as well as for the fees, charges and costs incurred as a result of the transfer.
5.2. Price change: After conclusion of the contract for the package tour, a price change of up to 8 % of the total price shall be possible at any time if EBTR notifies the traveller of this at least 20 days before the beginning of the package tour on a permanent data carrier, stating the reasons for the price increase and presenting a calculation. In addition, a price increase shall always be possible if the price change results directly from a change
a) in the price of passenger transport due to the cost of fuel or other energy sources,
b) the amount of taxes and duties payable on contractually agreed travel services levied by third parties not directly involved in the provision of the package tour, including residence taxes, landing fees, embarkation or disembarkation fees at ports and airport charges, or
c) of the exchange rates applicable to the package tour.
In case of a price reduction, EBTR may deduct actual administrative expenses from the reimbursement owed to the traveller.
5.3. Other changes: Other insignificant changes to the contract for the package tour by EBTR are permitted and shall be accepted by the traveller. EBTR shall inform the traveller in a clear and comprehensible manner on a permanent data carrier (for example paper or e-mail) sent1 to the address last notified by the traveller of such changes.
5.4. Changes due to external circumstances which are beyond the control of EBTR: Due to seasonal occurrences and current weather conditions as well as other circumstances which are beyond the control of EBTR (road blockades, strikes, mudslides, snow, pass barriers, etc.) EBTR reserves the right to change the tour route and thus the accommodations and other services according to necessity. In doing so, EBTR shall make an effort not to change the nature of the tour and to provide equivalent services. EBTR shall make an effort to fix the tour dates on dates on which the weather conditions for a vehicle journey in the respective tour region are favourable. EBTR shall not bear any responsibility for bad weather conditions which might occur or climate-induced weather changes; insofar the participant shall not be entitled to claim the reimbursement of the tour and rental price.
5.5. Change in the person of the guide: If a guide of EBTR has an accident during the journey and cannot continue the tour, the second guide shall take over as tour guide. The traveller must follow the instructions of the second guide. If only one guide is designated for the tour, EBTR shall make an effort to replace the dropped out guide within a reasonable time. If there are reasonable delays or changes to the itinerary due to an accident, these shall be accepted by the traveller.
6. Withdrawal rights before the beginning of the package tour
6.1. Withdrawal rights of the traveller due to changes: If EBTR is forced to substantially change a significant travel service or if any special requirements of the traveller cannot be fulfilled or if EBTR has to increase the travel price by more than 8 %, EBTR shall inform the traveller about this immediately in a clear and comprehensible manner on a permanent data carrier (for example paper or e-mail) and the traveller may agree to the change or withdraw from the contract without payment of any compensation within 14 days upon notification of the change. If the traveller does not make a declaration within 14 days, this shall be regarded as approval of the change. In case of withdrawal from the contract for the package tour, the traveller may agree to another tour as a substitute if EBTR offers this. Otherwise, EBTR shall refund any and all payments made to date within 14 days from the declaration to withdraw. If the changes to the contract for the package tour or the package tour offered as a replacement result in a reduction of the quality or the costs of the package tour, the traveller shall be entitled to a reasonable price reduction (see point 8.).
6.2.1. The traveller may withdraw from the contract for the package tour at any time before the beginning of the package tour without giving reasons. Changes in dates requested by the traveller shall be considered as cancellation and new registration.
6.2.2. In the event of cancellation by the traveller, the following compensation lump sums shall be laid down:
until 60 days before the beginning of the journey USD 300.00
until 42 days before the beginning of the journey USD 500.00
until 31 days before the beginning of the journey 30 %
from 30 days before the beginning of the journey 100 %
No-show 100 %
from the respective travel price. It is recommended taking out a travel cancellation insurance. A one-time rebooking at the latest 60 days before the start of the tour shall be possible free of charge. After having realized a rebooking, the cancellation charge amounts to at least USD 500.00 per person.
6.2.3. For the calculation of the cancellation fee, the date of receipt of the declaration by EBTR shall be decisive.
6.2.4. The traveller may withdraw from the travel contract without payment of compensation only if he proves that unavoidable or exceptional circumstances arise at or in the immediate vicinity of the place of destination which substantially affect the performance of the package tour or the passenger transport to that place of destination. In this case, the traveller shall be entitled to a reimbursement of payments already made, but shall not be entitled to compensations.
6.2.5. In case of non-compliance with the payment deadlines, EBTR shall be free to cancel the contract at the expense of the traveller.
6.3. b) No-show: If the traveller fails to appear on the departure date because he is not willing to travel or if he misses the departure because of negligence imputable to him or because of a coincidence that occurred to him, 100 % of the travel price may be retained.
6.4. Withdrawal right of EBTR: EBTR may withdraw from the contract for the package tour before the beginning of the package tour for full reimbursement of all payments made for the package tour, but without payment of any additional compensation, if
a) fewer persons than the minimum number of participants specified in the contract have registered for the package tour and the declaration to withdraw reaches the traveller 20 days before the beginning of the package tour for journeys of more than six days, seven days before the start of the package tour for journeys between two and six days, 48 hours before the beginning of the package tour for journeys of less than two days, or
b) if EBTR is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and the declaration to withdraw is received by the customer immediately, but at the latest before the beginning of the package tour.
If EBTR decides to carry out the package tour even if the number of participants falls below the minimum number, the traveller shall accept minor deviations from the catalogue of services. Unless otherwise stated, the service of the tour guide shall be cancelled if the number of participants falls below the minimum number.
6.5. Reimbursement: In the event of cancellation, EBTR shall refund to the traveller within 14 days payments already made – less any lump-sum compensation payments. The traveller shall not be entitled to any further claims for compensation for damages.
7. Provision of the contractual service
7.1. EBTR as tour organiser shall be responsible for the provision of all services agreed upon in the contract for the package tour, regardless of whether these services are to be provided by EBTR or by others.
7.2. Notification obligation of the traveller: The traveller undertakes to notify EBTR immediately of any breach of contract and any other defect in the performance of the contract which he perceives during the performance of the travel service agreed upon in the contract for the package tour. In principle, this does not affect the traveller’s warranty claims. However, a violation of the obligation to give notice of defects may be attributed to the traveller as contributory negligence and as such reduce any claims for compensation for damages. In any case, the traveller must cooperate in reducing the damage. If necessary, in absence of a local representative, it is advisable for the traveller to inform the respective service providers (hotel, airline) or directly the travel agency of the defect and to demand remedy.
7.3. Warranty: If a contractual service is provided defectively, EBTR shall make an effort to remedy the breach of contract, unless this is impossible or involves disproportional costs or if the defect was caused by the traveller or by his fellow travellers themselves or, respectively, in breach of their duty to cooperate. If a substantial part of the travel services agreed upon cannot be provided in accordance with the contract, EBTR shall offer the traveller a reasonable alternative arrangement to continue the package tour at no additional cost for the traveller. If the defective performance of the contractual service or the arrangement taken results in a lower quality of the package tour, the traveller shall be entitled to a reasonable price reduction (see point 8.). The traveller may not reject any arrangements offered pursuant to this paragraph if they are comparable with the services agreed upon in the contract for the package tour or if an appropriate price reduction is granted.
7.4. Withdrawal rights of the customer after the start of the package tour: If a breach of contract substantially affects the performance of the package tour and if EBTR does not remedy this within a reasonable period, the traveller may withdraw from the contract for the package tour without payment of compensation, provided that the continuation of the package tour measured in terms of an average traveller cannot reasonably be expected of him. If the transport is part of the package tour, the passenger shall be entitled to immediate return transport by EBTR, unless return transport is not possible due to unavoidable and exceptional circumstances. In the latter case, EBTR shall bear the costs of the necessary accommodation of the traveller for a period of three nights, unless the law provides for longer periods.
7.5. Withdrawal from the contract by EBTR after the start of the journey: EBTR shall only be released from its obligation to fulfil the contract if the traveller within the framework of a group trip durably impairs the performance of the journey by grossly improper conduct despite a warning. In this case, the traveller – provided that the fault lies with him – shall be obliged to compensate the damage to EBTR.
7.6. General life risk of the traveller: A package tour generally entails a change in the familiar surroundings. A materialization of the general life risk of the traveller associated with this, such as (making no claim to be exhaustive), stress, nausea (for example due to climatic changes), fatigue (for example due to a humid and muggy climate), digestion problems (for example due to unaccustomed food, spices, etc.), and/or the occurrence of a risk possibly associated with the journey fall within the sphere of the traveller and are not to be attributed to the tour organiser. If the traveller does not use services that have been duly offered to him for the stated reasons or if he declares his withdrawal from the contract for such a reason, he shall not be entitled to assert warranty claims or claims for the return of parts of travel services that have not been used.
8. Price reduction and compensation for damages
8.1. The traveller shall be entitled to a price reduction and compensation for damages in accordance with statutory provisions. The traveller agrees that EBTR – instead of fulfilling the traveller’s claim to conversion or price reduction – provides a service free of defects or improves the defective service within a reasonable time limit. The defect can be rectified by remedying the defect or by providing an equivalent replacement service or a replacement service of higher value that is subject to the customer’s express consent.
8.2. The traveller shall not be entitled to claims for warranty and compensation for damages if EBTR proves that a breach of contract
a) may be attributed to the traveller or
b) that a general life risk of the traveller or, respectively, a general risk associated with the package tour occurs which falls under the sphere of the traveller or
c) may be attributed to a third party that is not involved in the provision of the travel service covered by the contract for the package tour and the breach of contract was neither foreseeable nor avoidable or
d) may be attributed to unavoidable and extraordinary circumstances.
8.3. For material damage and financial loss of the traveller which may be attributed to unforeseeable and/or unavoidable circumstances that the tour organiser did not have to expect as well as for excusable mistakes up to negligence, the liability shall be limited to three times the tour price on the basis of Art. 14 of the Directive (EU) 2015/2302 (package travel directive) in accordance with sec. 6 par. 1 cl. 9 of the Consumer Protection Act (Konsumentenschutzgesetz; KSchG). Insofar the Montreal Convention on International Carriage by Air of 2001, the Protocol of 2002 to the Athens Convention relating to the Carriage by Sea of 1974 or the Athens Convention concerning International Carriage by Rail of 1980 last amended in 1999 restrict the extent of the compensation for damages or the conditions under which a provider of a travel service included in a contract for a package tour has to pay compensation for damages, these restrictions shall also apply to the tour organiser.
8.4. Regarding motorcycle or bicycle tours, EBTR shall not be liable for any objects that are normally not brought along to such journeys, unless EBTR has kept them in safe custody in knowledge of the circumstances. It is thus recommended to the traveller not bring along any objects of a special value. Furthermore, it is recommended to properly hold the objects brought along in custody.
8.5. If the traveller violates his contractual obligations, in particular his notification obligation concerning perceived breaches of contract, this shall be taken into account as contributory negligence (see point 7.2).
8.6. Warranty claims can be asserted within 2 years. Claims for compensation for damages expire after 3 years.
8.7. In order to facilitate the assertion of claims, the traveller is advised to obtain written confirmations attesting that services were not provided or provided defectively and, respectively, to gather proof, evidence and witnesses. In the interest of the traveller, it is recommendable to assert claims without delay after having returned from the journey directly vis-à-vis EBTR since it can be expected that the more time passes by the more difficulties of gathering evidence will arise.
8.8. The traveller shall be liable for any and all damages he culpably or at least negligently caused to EBTR pursuant to provisions of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch; ABGB) The traveller shall in any case be liable for all personal and material damages he culpably caused and hold EBTR harmless against all claims of third parties which are asserted directly vis-à-vis EBTR in connection with such damages. Damages culpably caused by the traveller shall in particular, but not exclusively, be damages which are due to driving errors, a lack of ability to drive and, respectively, improper driving behaviour (e.g. driving on the back wheels coming off the ground, racing starts with spinning tyres, non-compliance with safety distances, etc. – driving on walkways, etc.) and driving in a condition impairing the fitness to drive.
9. Special provisions concerning vehicle rental, driving behaviour, number of rooms, etc.
9.1. Motorcycle rental: The motorcycle rental of the respective booked category shall form the subject-matter of the service provided by EBTR. The state of the vehicles conforms to the respective country-specific circumstances. The customer shall in any case not have a claim to be provided with a new vehicle or a vehicle with full equipment. In order to take-over the rental vehicle, the traveller shall dispose of a valid driving licence for the rental vehicle. This proof shall be provided at the start of the tour. If this obligation is not complied with, EBTR reserves the right not to hand over the rental vehicle and to exclude the traveller from participating in the tour. In this case, EBTR shall not be obliged to reimburse paid services of any kind whatsoever and shall not be liable for additional costs which are incurred by the traveller due to this circumstance. The equipment of the booked vehicles varies from tour to tour and from rental station to rental station. No conclusions may be drawn from the images of vehicles used in the sales documents of EBTR as regards the equipment of the vehicles. More detailed information concerning the rental vehicles and their equipment may be available upon request directed to EBTR. EBTR shall endeavour to provide the traveller with the requested vehicle model, however, it reserves the right to replace it with a comparable vehicle model in case of an unforeseeable situation such as a technical defect, an accident, a theft or a similar incident. If EBTR is unable to provide a comparable vehicle model, EBTR shall reimburse to the traveller the difference between the daily rate of the vehicle and the booked vehicle model. Any other liability on the part of EBTR shall hence be excluded. When renting a vehicle, the customer shall additionally be obliged to pay a security deposit when taking over the vehicle. The amount of the security deposit conforms to the respective excess of the vehicle insurance which the customer undertakes to pay in case of an insured event. This security deposit shall be reimbursed when the vehicle is returned undamaged. Some rental stations on site demand an additional rental contract which shall be concluded on site at the respective rental station. EBTR will forward such a rental contract upon request before the tour is booked. The rental period is not interrupted if the vehicle cannot be used, to whomsoever the fault is attributable, or if the renter is not fit to drive. EBTR shall not be obliged to replace a damaged vehicle during a tour. In case of a technical defect of the rental vehicle, the traveller undertakes to inform the local contact person of EBTR about it without delay. The traveller is aware that motorcycles are equipped with various electronics and that it may happen that certain indications/indicator lights appear on the display without being able to assume therefrom that there is an actual technical defect. The traveller accepts that it will not be possible that EBTR examines such errors during the journey.
9.2. Bicycle rental: The bicycle rental shall form the subjectmatter of the service on the part of EBTR. The state of the bicycles conforms to the respective country-specific circumstances. The customer shall in any case not have a claim to be provided with a new bicycle. No conclusions may be drawn from the images of bicycles used in the sales documents of EBTR as regards the equipment of the bicycles. More detailed information concerning the rental bicycles and their equipment may be available upon request directed to EBTR. The rental period is not interrupted if the renter is not fit to ride the bicycle, it is neither interrupted if the bicycle cannot be used, provided that the fault is not attributable to EBTR. EBTR shall only be obliged to replace a damaged bicycle during a tour if the fault of the damage lies with EBTR. In case of a technical defect of the rental bicycle, the traveller undertakes to inform the local contact person of EBTR without delay about this defect.
9.3. Own vehicle: Travellers who participate in an EBTR tour with their own vehicle shall themselves be responsible for guaranteeing a state of their vehicle which conforms to the law and a perfect technical condition. In case of disruption of performance on the part of EBTR which is due to the failure to comply with this state, the traveller shall be obliged vis-à-vis EBTR to reimburse any damage that might be caused. The customer shall bear any costs additionally incurred (e.g. for recovering a vehicle, for safely parking the vehicle under a roof, for remedying technical defects, etc.). EBTR cannot offer a vehicle insurance to travellers who participate in a tour with their own vehicle.
9.4. Driving licence and driving ability: By completing the booking, the traveller declares to possess a driving licence for the vehicle used in the tour that is valid for the time of the journey and to dispose of the required ability to drive in order to drive this vehicle safely on the tour itinerary. The traveller shall inform EBTR without delay on any and all changes regarding his driving licence which have an influence on his tour participation (e.g. revocation of driving licence, etc.). If it turns out after the booking and before the start of the journey that the traveller does not dispose of a driving licence valid for the duration of the journey, EBTR shall be released from its obligation to continue to further fulfil the contract by invoicing the cancellation rates indicated under point 6.2 of these terms and conditions. If it turns out after the start of the journey that the traveller does not dispose of a driving licence valid for the duration of the journey or does not have the necessary ability to drive in order to drive the vehicle used safely on the tour itinerary, the legal consequences of point 7.5 shall apply. Different participants take part in EBTR journeys. Naturally, the individual participants’ driving ability differs and the traveller undertakes to show consideration for the other participants. If the ability to drive of a traveller is not sufficient, EBTR shall be released from its obligation to fulfil the contract according to point 7.5.
9.5. Local provisions: The traveller shall participate in the road traffic of the respective tour destination on his own responsibility and is obliged to observe the provisions of the local traffic regulations. Penalties, administrative fines or similar as well as damages to legally protected interests of third parties which are due to the non-compliance with local traffic regulations shall be paid by the traveller.
9.6. Health, alcohol and medicine: Please note that a good general state of health corresponding to the respective tour description is a prerequisite for participating in the tour. Travellers who do not fulfil these prerequisites can be excluded from participating in the entire tour or in individual legs of the tour without substantiating a claim vis-à-vis EBTR. It is in any case recommended to consult a doctor before the tour starts. In case of doubts regarding the state of health of the traveller, EBTR shall upon its request be presented a medical certificate. The traveller shall not be allowed to consume alcoholic beverages and, respectively, take medicine or other substances which influence the fitness to drive during the day as long as he still has to drive the vehicle. This shall also apply to travellers who participate in the journey as front passengers. It shall only be permitted to drink alcoholic beverages after the end of the respective day tour and after the vehicle has been parked for the night. If alcohol is consumed or if medicine and other impairing substances are taken after the end of the respective day tour, the traveller shall ensure that the state impairing the fitness to drive no longer exists on the next morning at the beginning of the day tour. In case of infringement, the legal consequences of point 7.5 shall apply.
9.7. Off-road driving: Off-road driving with vehicles provided by EBTR shall not be permitted outside of the itinerary respectively determined by EBTR. It shall neither be permitted to improperly use the rental vehicles. The traveller shall fully bear the damages caused by unauthorized off-road driving and an improper use.
9.8. Individual responsibility: The guide provided by EBTR only determines a rough itinerary which the traveller shall follow on his individual responsibility and the traveller shall be obliged to adjust his style of driving to the respective prevailing circumstances and his ability to drive. If the traveller is unable to follow an itinerary, he shall stop to continue driving and inform the guide without delay.
The traveller alone shall be responsible to duly stow away the luggage on the vehicle. Any liability of EBTR for this case shall be excluded. It is recommended not to bring along personal valuables and documents storing them in the vehicle (side pockets, etc.) but to keep them in a bag tight to the body.
9.9. Number of rooms: For some journeys, a limited amount of single rooms is available. They are allocated according to the order of incoming bookings expressly requesting single rooms.
If a booking of an individual person includes the request to share a double room with another participant in the travel, EBTR shall make an effort to find a room-mate for that person. If this fails, the price of a single room will be invoiced.
10. Special provisions for the Edelweiss World Tours (Edelweiss-Welttouren), the Edelweiss World Tour Stage Tours (Edelweiss Welttour Etappen-Touren) and Edelweiss Adventure Tours (Edelweiss Adventure Touren) with expedition character
If the traveller books an Edelweiss World Tour, Edelweiss World Tour Stage Tour, Edelweiss Adventure Tour with expedition character, the following special provisions shall apply:
In derogation of point 4, a down payment of 10 % of the total price shall be made. The remaining payment shall be paid without any further request as follows:
- 9 months before the start of the tour 36 % of the travel price
- 6 months before the start of the tour 36 % of the travel price
- 3 months before the start of the tour 18 % of the travel price
10.2. Change in the person of the traveller: In case of a transfer pursuant to point 5.1, the additional costs incurred amount to at least USD 500.00 in any case. The transfer may be made three months before the departure date at the latest.
10.3. Withdrawal from the contract by the traveller before the start of the journey with cancellation charge:
In derogation of point 6.2, the following cancellation charges shall apply to vehicle journeys:
- until 12 months before the start of the journey USD 1,800.00
- less than 12 months until 9 months before the start of the journey 10 % of the travel price
- less than 9 months until 6 months before the start of the journey 60 % of the travel price
- less than 6 months before the start of the journey 100 % of the travel price.
It is recommended to take out a travel cancellation insurance.
10.4. Point 9.1 and 9.2 (Motorcycle and Bicycle rental) do not apply. If a vehicle of EBTR is used, it shall be rented out pursuant to the general terms and conditions of rental. (Miet-AGBs).
10.5. Documents: The traveller is obliged to possess throughout his entire participation current and valid documents which are required in order to participate in the tour and which are issued on the name of the traveller. This also refers to the vehicle of the traveller. The documents necessary in any case are: a passport, at least valid until 6 months after the end of the tour; a driving licence of the home country, an international driving licence, at least valid until the end of the tour; a proof of ownership, an automobile registration and an insurance for the vehicle of the participant; a Carnet de Passage (where necessary); a proof of vaccination (where necessary); visas (where necessary). Any other necessary documents are based on the contract documents.
10.6. Special risk associated with the Edelweiss World Tours (Edelweiss-Welttouren), the Edelweiss World Tour Stage Tours (Edelweiss Welttour Etappen-Touren) and Edelweiss Adventure Tours (Edelweiss Adventure Touren) with expedition character: The booking of the participant is based on the traveller being fully aware of the fact that further dangers and risks in addition to the usual dangers and risks of a motorcycle journey may occur when participating in the Edelweiss World Tour, the Edelweiss World Tour Stage Tour and the Edelweiss Adventure Tour with expedition character. These dangers and risks are, however, not exclusively: physical strain for which the traveller is not prepared; extreme weather conditions suddenly occurring; isolation from normal basic medical care; problems with transport or evacuation after accidents. The traveller is fully aware of the fact:
a) that the joy and enthusiasm of participating in the Edelweiss World Tour, the Edelweiss World Tour Stage Tour and the Edelweiss Adventure Tour with expedition character is partly due to the incalculable risk of riding a motorcycle across less developed countries and engaging in activities which represent a significantly higher safety risk than those at home. The enthusiasm for these incalculable risks is a decisive reason why the traveller books the tour.
b) that participating in the Edelweiss World Tour, the Edelweiss World Tour Stage Tour and the Edelweiss Adventure Tour with expedition character. Basically requires a high level of flexibility and acceptance of alternatives by the traveller such as, but not exclusively: the fact that the destination of the day cannot be reached; itinerary and hotel changes; illness of the guide or of a participant; mechanical defects; changes of flights; strikes; difficulties in crossing the border and other unforeseeable incidents.
c) the luggage and property is brought along to the journey by the traveller at his own risk.
d) the countries which are crossed are at least most of the time less developed and that the local safety awareness differs considerably from the safety awareness at home. The participant accepts all consequences impacting his health which arise out of such different behaviour patterns, lifestyles, traffic behaviour and cultures.
10.7. By participating in the Edelweiss World Tour, the Edelweiss World Tour Stage Tour and the Edelweiss Adventure Tour with expedition character, the traveller expressly declares to accept the authority and the decisions of the tour guides, the team accompanying the tour and the EBTR employees during the journey. If one of these persons decides that due to the state of health or, respectively, the behaviour of the traveller the continuation of the tour is at risk, the traveller may be excluded from continuing to participate in the tour.
11.1. Ordinance on Insurances of Travel Agencies (Reisebüroversicherungsverordnung, RSV): Pursuant to the Ordinance on Insurances of Travel Agencies (Reisebüroversicherungsverordnung, RSV), customer funds are in case of package tours by EBTR secured through a bank guarantee. Any additional payments made or down payments or, respectively, remaining payments made in advance shall only be covered to the extent that the tour organiser is entitled to receive them. The security payment shall be used first and foremost in order to satisfy payments accepted in accordance with the regulations.Guarantor: Bank guarantee with the liability number (Haftungsnummer) 1.302.512 deposited at the bank Tiroler Sparkasse, Sparkassenplatz 1, 6010 Innsbruck, Austria.
Registration number in the list of organisers of the Federal Ministry of Economy, Family and Youth (Veranstalter-Verzeichnis des Bundesministeriums für Wirtschaft, Familie und Jugend): 1998/0182
Liquidator: Europäische Reiseversicherung AG, Kratochwjlestraße 4,
1220 Vienna, Austria, tel.: +43 (1) 317.2500, fax: +43 (1) 319.9367
Any and all claims have to be reported to the liquidator within 8 weeks upon occurrence of an insolvency, otherwise the claim will be lost:
11.2. Travel insurance: EBTR recommends taking out a travel insurance to cover withdrawal costs, travel luggage, accident, illness and third party liability.
11.3. Vehicle insurance for EBTR motorcycles: Upon request of the traveller, EBTR shall draft an offer for taking out an extended vehicle insurance to reduce the excess of the vehicle insurance.
C. Travel procurement of individual services and package tours not covered by the Package Tours Act (Pauschalreisegesetz, PRG) and special provisions for the arrangement of related travel services.
1. General Provisions
1.1. The following provisions shall apply to the arrangement of individual services by EBTR as well as to the arrangement of contracts for package tours and related travel services
a) with a duration of less than 24 hours which do not include overnight accommodation,
b) which are offered or arranged only occasionally and without profit and only to a limited group of travellers, or
c) if the contract is concluded on the basis of a general agreement on the organisation of business trips between two entrepreneurs.
Additionally, the provisions for contracts for package tours shall apply if, when composing a type of travel service with one or more tourist services, such services account for less than 25 % of the total value of the package, they do not constitute an essential feature of the composition and are not advertised as such.
1.2. The following provisions shall apply analogously to travel arrangements of individual services and of package tours which are not covered by the Package Tours Act (Pauschalreisegesetz, PRG): Section B. 2.4 (Registration of multiple travellers at the same time), 4. (Payment), 5.1 (Transfer of the contract), 5.2 (Price changes of the contract).
2. Contract conclusion
2.1. The arrangement contract between the traveller and EBTR shall be concluded at the time at which the registration has been confirmed by EBTR in writing. The registration must be made on the registration form provided for this purpose. A registration shall only be possible if the traveller acknowledges the validity of the TCT printed on the registration form.
2.2. The statutory information obligations of the tour organiser shall be deemed fulfilled with the confirmation concerning the travel contract. This confirmation shall, in particular, comprise the name of the company/the name of the product, the address of the tour organiser and, if applicable, the insurance company.
2.3. Insofar as services of foreign entrepreneurs (service providers, tour organisers) are being arranged, foreign law may also apply.
2.4. If the registration takes place via distance selling, EBTR shall undertake to inform the traveller of the contents of the contract prior to the conclusion of the contract pursuant to sec. 4 of the Austrian Long Distance and Remote Sales Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG). Pursuant to sec. 18 par. 1 cl. 10 of the Austrian Long Distance and Remote Sales Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG), the traveller shall have no withdrawal right for services associated with leisure activities and services in connection with accommodation for purposes other than residential purposes and in connection with the rental of motor vehicles.
3.1. As tour organiser, EBTR shall be happy to inform travellers about the valid provisions concerning passport, visa and entry with the police in charge of sanitary and public health associated with the journey, on request also about provisions concerning foreign currency and customs duty as far as these can be found out in Austria. However, the traveller himself shall be responsible for observing these provisions. It is presumed to be known that generally a valid passport is required to travel abroad. As far as possible, EBTR shall against remuneration take care of obtaining any necessary visa. Upon request, EBTR shall as far as possible provide information on particular provisions for foreigners, stateless persons as well as holders of dual
citizenships. All disadvantages arising out of the non-fulfilment of the aforementioned provisions shall be at the detriment of the traveller.
3.2. Provided that the travel agent or tour organiser carries out the registration within the framework of electronic systems for travel authorisation (for example ESTA/USA, e-Visa/Turkey, eTA/Canada) for the traveller, any liability concerning the correct submission of data into the system shall be excluded.
3.3. As travel agent, EBTR shall endeavour to present the service of the tour organiser or the service provider to be arranged to the best of its knowledge, taking into account the special features of the contract to be arranged or, respectively, the circumstances of the respective destination.
3.4. When booking travel insurances, EBTR always acts as an agent. The respective insurance conditions of the travel insurance company shall apply. The insurance conditions shall be handed out together with the booking confirmation.
The liability in the course of the arrangement activities extends to a) the careful selection of the respective organiser or, respectively, service provider,
b) the flawless performance of services by EBTR,
c) the forwarding of declarations of intent and payments between the travellers and the mediated company and vice versa. EBTR shall expressly not be liable for the performance of the arranged or, respectively, procured service.
5. Default in performance
EBTR as travel agent shall only be liable in the event of a breach of the duties incumbent on EBTR under the contractual relationship only in case of intent or gross negligence.
6. Special provisions for the travel arrangement of related travel services:
Related travel services shall exist if the traveller separately selects services with EBTR offered by various service providers in case of a single contact and pays for such services with EBTR or if EBTR specifically arranges for further service, provided that the contract for this additional service is concluded 24 hours after the first booking confirmation at the latest. EBTR shall have special statutory information obligations in the case of travel arrangements for such related travel services. EBTR shall inform the traveller before the conclusion of the contract that he may not claim any rights that apply exclusively to package tours pursuant to the standardised information sheet required by law and that each service provider is only liable for the contractual performance of its service and that the traveller benefits from insolvency protection.
D. Activity as tour organiser beyond the Package Tours Act (Pauschalreisegesetz, PRG)
1. General information:
It is referred to the provisions in section B 4 (Payment), 5.1 (Transfer of the contract), 5.2 (Price changes of the contract), 6.4 and 7.5 (Withdrawal rights of EBTR), 6.2 Cancellation), 6.3 (No-show) and 7.2 (Notification obligation of the traveller) and 9. (Ordinance on Insurances of Travel Agencies (Reisebüroversicherungsverordnung, RSV)) and these provisions shall also apply analogously to the activity as tour organiser of EBTR beyond the Package Tours Act (Pauschalreisegesetz, PRG).
2. Conclusion of contract and information:
Section C 2.1 and 2.4 (Conclusion of contract) as well as 3.1 and 3.2 (Information) applies analogously. The description of services shall be based on the catalogue or, respectively, brochure valid at the time of the booking as well as further information contained therein. Agreements deviating from the catalogue must be expressly stated in the booking confirmation.
3. Changes to services:
3.1. Changes to the programme shall be reserved for all journeys. The travel times and tour guides stated shall be non-binding.
3.2. If a double or a room for multiple persons is booked and he arrives alone, the traveller shall be aware that he has to pay for the additional costs incurred (in particular surcharge for single occupancy)
and undertake to do so.
4. Legal bases in case of default in performance
4.1. Warranty: In case of a service not provided or provided defectively, the traveller shall have a claim to warranty. The traveller agrees that the organiser – instead of fulfilling the traveller’s claim to conversion or price reduction – provides a service free of defects or improves the defective service within a reasonable time limit. The traveller shall in any case be obliged to notify a representative of the organiser in order to improve the defective service.
4.2. Compensation for damages:
4.2.1. If EBTR as organiser or one of its vicarious agents culpably breach one of the duties incumbent on it under the contractual relationship, EBTR shall be obliged to compensate the travellers for any resulting damage if all other legal requirements are met.
4.2.2. Insofar as EBTR has to take responsibility for other persons than its employees, EBTR shall only be liable in case of intent and gross negligence.
4.2.3. For all motorcycle rides, the participation shall be based on an autonomous motorcyclist. All hikes take place at one’s individual responsibility and at one’s own risk under the guidance of the tour guide. A considerable degree of prudence shall be assumed for every traveller. Therefore, EBTR shall not accept any responsibility for accidents, damage or other irregularities arising within the framework of the part of a journey relating to riding a motorcycle. The traveller confirms this with his registration. EBTR shall thoroughly prepare all journeys. EBTR shall not give any guarantees for the fulfilment of subjectively envisioned travel destinations. It is in the nature of journeys that a certain residual risk and uncertainty remain for the traveller.
4.2.4. Except for intent and gross negligence, EBTR as tour organiser shall not be liable for any objects that are normally not brought along, unless EBTR has expressly kept them in safe custody. It is thus recommended that the travellers do not bring along any objects of special value. Furthermore, it is recommended to properly hold the objects brought along in custody.
4.3. Limitation of compensation for damages: Any claims for compensation for damages shall be limited to the amount of the travel price.
4.4. Special liability laws: The organiser shall be liable, inter alia, pursuant to the Warsaw Convention and its Supplementary Agreement in the case of air travel, in the case of rail and bus travel pursuant to the Railway and Motor Vehicle Liability Act (Eisenbahn- und Kraftfahrzeughaftpflichtgesetz).
4.5. Complaint period: Defects, or, respectively, complaints shall be reported to us as organiser in writing within 4 weeks after the return, failing which they will be lost.
5. Assertion of any claims:
In order to facilitate the assertion of claims, the traveller is advised to obtain written confirmations attesting that services were not provided or provided defectively and, respectively, to gather proof, evidence, witnesses. In the interest of the traveller, it is recommendable to assert claims without delay after having returned from the journey directly vis-à-vis EBTR since it can be expected that the more time passes by the more difficulties of gathering evidence will arise.
E. General provisions
1. Information about the names of the travellers and of the whereabouts of travellers must not be disclosed to third persons even in urgent cases, unless the traveller has expressly requested to have information disclosed. The costs caused by the transmission of urgent messages shall be borne by the traveller.
2. The address (for example e-mail address) last notified to the tour organiser shall be the postal and contact address of the traveller. Changes are to be made known by the traveller immediately. The traveller is advised to do this in writing.
3. Oral agreements with an agency of EBTR, with EBTR or with a tour guide of EBTR shall only be effective if they have been confirmed by EBTR in writing. Tour guides shall not be entitled to give undertakings which diverge from the travel contract concluded with EBTR. Printing errors and calculation errors may be corrected by EBTR at any time.
4. The photographs, diapositives and videos produced by representatives of EBTR during the tours are the property of EBTR under copyright law. EBTR shall be entitled to use this material for advertising purposes, even if the participant is recognizable on it, without incurring any costs for EBTR owed to the participant. EBTR shall be entitled to disclose names, addresses and contact data of the participant to other tour participants and to partners of EBTR who can use these names and addresses for advertising purposes, unless the participant expressly refuses this disclosure in writing.
5. For all legal disputes arising from the business relation between EBTR and its customers, the competent court at the registered office of EBTR shall be competent ratione loci and materiae.
6. Austrian law shall apply. The TCT of the Professional Association for Travel Agencies (Fachverband für Reisebüros) as amended shall only apply on a subsidiary basis, in particular concerning the cancellation rates stated therein.
7. If individual provisions of the contract with the traveller including these TCT be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is ineffective in whole or in part shall be replaced by a provision that comes as close as possible to the economic success of the invalid one.
Version: 01 August 2019 EBT (E / USD/ ROW)