General terms and conditions of business

The travel bureau can act as an agent (section A) and / or as an operator (section B).

The agent assumes the responsibility to attempt attempt to obtain a claim to services of others (operator, transport company, hotelier, etc.).

 The operator is the company that either offers several tourist services at a package price (package tour / travel event) or promises to render individual tourist services on its own account and provides in addition its own brochures, tenders etc.

 A company which acts as a tour operator can also act as an agent, if external services are procured (e.g. optional excursion at the holiday spot), as long as it indicates its function as agent.

 The following terms and conditions constitute the text of the contract with which travel bureaus generally conclude an agreement as agent (section A) or as operator (section B) with their customers / travellers (note: in accordance with the PRG (People and Travel Association)).

 The specific terms and conditions proceed:
- of the procuring tour operator
- of the procuring transport company (e.g. railway, bus, flight or ship) and
- of the other procuring service providers

 A. THE TRAVEL BUREAU AS AGENT
The following terms and conditions are the basis of the agreement (agency agreement) concluded between the customer and an agent.

 1. Booking / Signing of the agreement
The booking can be made in writing or verbally (in person or telephonically). Verbal bookings should be promptly confirmed in writing by the travel bureau.

Travel bureaus should use booking forms that feature all essential details about the customer’s order with reference to the booking’s basic tour description (catalogue, brochure, etc.).

 In view of their own services and those of the operators procured by them in accordance with § 6 of the administration regulations for the travel bureaus industry, the agents are required to verifiably make the customer aware of the objective general travel terms and conditions, as well as the divergent travel terms and conditions, and in this case to deliver them before the conclusion of an agreement.

As far as services of foreign companies (service providers, tour operators) are procured, foreign law might also become applicable.

The person booking for themselves or for others counts as a constituent and, in the absence of other declarations, takes over the responsibility of placing orders opposite the travel bureau (payments, cancellation of agreement, etc.).

At the time of booking, the travel bureau can demand a handling fee and a (minimum) deposit. The outstanding payment as well as the reimbursement of cash outlays (telephone fees, telegraph output, etc.) are due at the time of the delivery of travel documents (including personal documents) of the respective operator or service provider at the travel bureau.

Travel companies which receive bookings are obliged to present the traveller with a confirmation of the travel agreement (travel confirmation) at, or immediately after, the conclusion of an agreement.

2. Information and other benefits

2.1. Information about passport, visa, foreign currency, customs and health inspection rules
It is assumed that a passport is generally needed for travel into foreign countries. The travel bureau has to make the customer aware of all other foreign passport, visa and customs and health inspection travel rules, as well as inform the customer on request about foreign exchange and customs regulations as far as these are attainable in Austria. Other than that, the customer is responsible for adhering to these rules. If possible, for a fee, the travel bureau will obtain the necessary visa.

On request, the travel bureau will issue information about special regulations for foreigners, stateless people and dual citizens.

2.2. Information about the travel service
The travel bureau is obliged to portray, to the best of their knowledge, the procured services of a tour operator or service provider under consideration of the features of each procured agreement and the circumstances of each place or country of destination.

 3. Legal status and liability

The liability of the travel bureau stretches to the careful choice of an operator or service provider as well as the careful evaluation of acquired experiences

- perfect procurement of services, including providing the customer with appropriate information and issuing of travel documents

- verifiable forwarding of notifications, declarations of intent and payments between customers and procured companies and vice versa (e.g. changes in agreed upon services and prices, cancellations and complaints).

 The travel bureau is not liable for the realisation of the procured or obtained services. Along with the booking confirmation the travel company has to provide the customer with the company name (product name), the address of the tour operator and, if applicable, of an insurer, as far as these are not already included in the brochure, catalogue or other detailed promotional material. If the travel bureau neglects to do so, it will be liable to the customer as a tour operator or service provider.

 4. Disruption of services

Should the travel bureau neglect the obligations which form part of a contractual relationship, it will be responsible for compensating the customer for the resulting damages, if it cannot disprove intent or gross negligence.

 For the breach of contract as a result of minor faults the travel bureau is responsible for compensating the customer for the resulting damages up to the amount of the commission of the brokered transaction.

 B. THE TRAVEL BUREAU AS TOUR OPERATOR

The following terms and conditions are the basis of the agreement – hereinafter referred to as travel agreement – concluded between the customer and an operator, either directly or through an agent. In case of a direct agreement, agent duties apply to the operator.

 The tour operator principally recognises the general travel terms and conditions, variances are made clear in all the organiser’s detailed advertising material in accordance with § 6 of the performance regulations.

 1. Booking / signing of agreement

The travel agreement between the customer and the tour operator is concluded when there is consensus over the essential parts of the agreement (price, service and date). This results in the customer having rights and duties.

 2. Change of person travelling

A change in the person travelling is possible when the stand-by meets all the conditions for participation and can be made in two ways.

 2.1. Assignment of the claim to travel services

The customer’s duties resulting from the travel agreement remain in place when he or she assigns all or individual claims of the travel agreement to a third party. In this case, the customer making the reservation is responsible for all the resulting extra costs.

 2.2. Transfer of the travel event

If the customer is unable to travel, he or she can transfer the travel agreement to another person. The transfer has to be reported either directly or via the agent within a suitable time before the departure date. The tour operator can declare a specific time period beforehand. The transferor and the acquirer are jointly liable for the outstanding fee and, as the case may be, for the transfer of the resulting extra costs.

 3. Content of agreement, information and other additional services

Apart from the responsibility carried by the agent to inform the customer about such things as passport, visa, foreign exchange and customs and health inspection travel rules, the tour operator has to adequately inform the customer about the services offered. The service description as well as all other information featured in the valid catalogue or brochure at the time of booking are part of the travel agreement, unless other agreements are reached at the time of booking. It is recommended to reach such agreements implicitly in writing.

 4. Travel which includes particular risks

For trips which include particular risks (e.g. an expedition) the tour operator is not liable for the consequences caused by the onset of these risks, if these are outside of the scope of its obligations. This does not prejudice the obligation of the tour operator to thoroughly prepare the journey and to carefully select the persons and companies employed to render the various services required.

 5. Legal basis in case of defaults

 5.1. Warranty

The customer has a warranty claim in case of services not rendered or rendered inadequately. The customer herby agrees that in case of a claim for a change or price reduction arising, the tour operator shall provide faultless service or rectify the default within a reasonable period of time.

Remedy can be provided by rectifying the default or providing a replacement service of equal or higher value, if this meets with the explicit consent of the customer.

 5.2. Compensation for damages

If the tour operator or its assistants culpably breach the operator’s duties resulting from the contractual relationship with the customer, then the tour operator is obliged to compensate the customer for the damages thereby incurred.

 Insofar as the tour operator assumes responsibility for people other than its employees, the operator shall be liable – with the exception of personal injury – only, if it cannot disprove intent or gross negligence.

 Other than in cases of intent or gross negligence the tour operator is not liable for objects which would normally be taken along on a tour, other than it has taken these into safekeeping in the knowledge of the circumstances.

 It is therefore recommended that the customer does not bring along objects of special value. It is also recommended that the objects brought along on the trip are duly stored.

 5.3. Communication of shortcomings

The customer shall immediately notify a representative of the tour operator of any shortcomings in the realisation of the agreement experienced during the tour. This presupposes that the representative has been made known to the customer and that they are reachable at the time and place without considerable effort. The failure to give notice does not change anything about the warranty claim of the customer described in 5.1. It can, however, count as contributory negligence and may reduce the available claims for compensation. The tour operator, though, is obliged to have pointed out the notification obligation to the customer, either directly or through the agent. At the same time, the customer must have been informed that the failure to notify the operator would not influence the customer’s warranty claim; it could, however, be counted as contributory negligence. As the case may be, in the absence of a local representative, it is recommended that the customer informs either the individual service provider (e.g. hotel, airline) or the tour operator about shortcomings directly and asks for redress.

 5.4. Special liability laws

With airline travel, the tour operator is, among others, liable in accordance with the Warsaw Convention and its supplementary agreement, with railway and bus travel in accordance to the Railway and Motorcar Liability Act.

 6. Raising of possible claims

To simplify the raising of possible claims, it is recommended to the customer that they ask for a written confirmation of the shortcomings in the rendering of services and respectively to secure invoices, evidence, witnesses. Warranty claims of consumers can be asserted within two years. Compensation claims expire after three years. In the interest of the traveller, it is recommended to submit claims to the operator or via the procuring travel bureau immediately after the return from the trip, as delays can lead to evidential difficulties.

 7. Cancellation of agreement

7.1. Cancellation by the customer prior to travel

a) Cancellation with no cancellation fee 

Apart from cancellation rights as defined by the law, the customer has the right of cancellation prior to the commencement of services without the tour operator raising any claims against him or her in the following cases:

- If essential parts of the agreement, including the price, are substantially modified.

- In any case, the frustration of the stipulated purpose or the character of the travel event, or the increase of the agreed travel price as per clause 8.1. by more than 10%, are such modifications of the agreement.

 The tour operator is obliged, either directly or via the procuring travel bureau, to immediately notify the customer about the agreement modification, and to instruct the customer about the choice possibilities of either accepting the agreement modifications or cancelling the agreement; the customer has to exercise his or her right of choice without delay.

 As far as the tour operator is responsible for the occurrence of the circumstance that entitles the customer to a cancellation, the tour operator is liable for the compensation for damages to the customer.

 b) Entitlement to compensation

If the customer does not choose the option of cancelling the agreement as per a) above, and the tour operator cancels the travel service for a reason that the customer is not at default for, then the customer can, instead of demanding the execution of the agreement, also demand another equivalent travel service, provided that the tour operator is capable of satisfying such a demand.

Apart from the right of choice, the customer also has a right to claim damages because of the operator’s failure to execute the agreement, as far as the cases of 7.2. do not come into effect.

 c) Cancellation with cancellation fee (agent and tour operator)

The cancellation fee is proportional to the travel price and the amount is determined by the time of the cancellation notification und the respective travel type. The travel price or the package price is understood as the total price of the contractually agreed upon service.

The customer is entitled in all cases not mentioned in a) above to withdraw from the agreement by paying a cancellation fee.

If the cancellation fee is inappropriate, the client has the right to petition a court for a reduction.

 Depending on the type of trip, the following cancellation rates per person apply:

 1. Boat trip

The cancellation rates depend on the respective trip and will be sent to you with the travel offer.

 2. Individual package tours

Up to 28 days before the commencement of the trip: 20% (minimum, though, EUR 50,-)

From 27 to 8 days before the commencement of the trip: 50% of the travel price

From 7 day to the arrival day / no-show: 100% of the travel price

 Advice of cancellation

The following is to be considered when cancelling:

The customer (client) can inform the travel bureau where the trip was book about withdrawing from the agreement at any time. With a cancellation, it is recommended that

- it is done with a registered letter or

- in person, with a simultaneous declaration in writing.

 7.2. Tour operator’s cancellation before the commencement of travel

a) The tour operator is relieved from the fulfilment of the agreement when the prior officially announced minimum number of participants for the trip is not reached and the customer is informed about the cancellation in writing within the time period mentioned in the tour description or within the following timeframes:

 - up to 20 days before the commencement of travel for trips of more than 6 days,

- up to 7 days before the commencement of travel for trips of 2 to 6 days,

- up to 48 hours before commencement of travel for day trips.

 If the tour operator is at default beyond minor negligence for not achieving the minimum number of participants, the customer may claim damages; the amount of the damages shall be calculated based on the cancellation fee. Claiming an amount of damages in excess of this amount shall not be excluded.

 b) The cancellation occurs as a result of force majeure, meaning due to extraordinary and unforeseeable events over which the person claiming force majeure has no influence and the consequences of which could not have been avoided, despite due diligence. This does not include overbooking, but it does include government directives, strikes, war or warlike events, epidemics, natural disasters and so forth.

 c) In cases a) and b) the customer shall be refunded the amount paid. The right of choice according to 7.1. b, first paragraph, is due to the customer.

 7.3. Tour operator’s cancellation before the commencement of travel

The tour operator is relieved from the fulfilment of the agreement if a customer within a group, despite being warned, continually disturbs the carrying out of the tour by gross improper behaviour. In such a case, the customer, as far he or she is to blame, shall pay damages to the tour operator.

 8. Change of agreement

 8.1. Price change

The tour operator reserves the right to increase the tour price confirmed at booking for reasons beyond the operator’s control if the trip is scheduled later than two months after the conclusion of the agreement.

Such reasons shall be exclusively a change in transport costs, e.g. fuel price, payment for certain services such as landing fees, embarkation or disembarkation fees in ports and appropriate fees at airports, or the exchange rate applicable for the relevant trip.

A price reduction for these reasons shall be passed on to the customer.

 The price increases can be applied within the two-month deadline only when the reasons for the change are individually negotiated and listed on the booking form. In the last 20 days prior the commencement of travel the price shall not change.

A price change is only allowed if, upon the presentation of agreed preconditions, there is also an exact indication of how the new price is calculated.

The customer is to be notified of any price changes and their circumstances without delay.

 Should the travel price change by more than 10 percent, the customer has the option to cancel the agreement without cancellation fees (see paragraph 7.1.a.).

 8.2. Change of service after commencement of travel

- In case of changes for which the tour operator is responsible, the provisions set forth in clause 5 (legal basis in case of defaults) shall be applicable.

- If it turns out after the commencement of travel that a significant part of the services set forth in the agreement is not or cannot be performed, the tour operator shall take measures for ensuring that the tour can continue without charging additional fees.

- If these measures are not taken or they are rejected by the customer for compelling reasons, then the tour operator has to, as the case may be, provide the customer without additional cost with an alternative option that will take him or her to the point of their departure or another location agreed upon with the customer.

- Apart from that, in case of not fulfilling or fulfilling the agreement inadequately, the tour operator is obliged to do anything in its power to assist the customer in overcoming difficulties.

 8.3. Booking change by customer (change of reservation)

If the customer makes changes to the reservation (changes in date, hotel category, tour route, catering, etc.) up to 28 day before arrival, we charge a handling fee of € 25, up to 10 days before arrival a handling fee of € 50 (once-off per reservation). A change to another trip is only possible with a cancellation and then a new booking.

 9. Providing information to third parties

Information about names of the tour participants and their whereabouts will not be provided to third parties, not even in urgent cases, unless this was specifically requested by a tour participant. Costs incurred by relaying of urgent messages shall be borne by the customer. We therefore recommend that tour participants inform their next of kin about their exact holiday address.

 C. OTHER

 1. Protection of travel funds

1.1. Agent

All travel and accommodation bookings and the issue of travel vouchers are undertaken by SunBike as a travel agent. Not included are the tours that are identified as a SunBike-Tour. The protection of customer funds according to EU regulation is undertaken through the operators of the individual programmes.

 1.2. Tour operator

The tours operated by SunBike are identified. For these trips the following protection of customer funds is provided:

• Liquidator for the protection of customer funds is the Europäische Reiseversicherung, Kratochwjlestr. 4, 1220 Wien. Emergency number: 0043 (0) 1 5044400.

• Guarantor is the Raiffeisenbank Köstendorf-Neumarkt-Schleedorf, Landstr. 4, 5203 Köstendorf. Validity of banker’s guarantee: 31.01.2021

• Tour operator number in operator registry: 2007-0008 / GISA number: 18216158

 Please note that all claims for any losses of benefit should be registered with the liquidator within 8 weeks of the occurrence of the event.

 2. Jurisdiction / Governing law

 - This agreement shall be subject to the laws of Austria.

- The customer can file a lawsuit against SunBike in its place of business.

- For lawsuits of the travel bureau / tour operator against the customer, the customer’s place of residence is decisive, unless it concerns fully qualified traders or persons who do not have a general legal domicile in Austria. In such a case, the seat of the tour operator is decisive.

 3. Terms of payment

3.1. Credit card payments – a system fee of 2% is added to the invoice.

3.2. Bank transfer: Our account in Austria is at your disposal for payments at no extra charge. Potential transfer fees are payable by the customer!

 Bank account SunBike:

Raiffeisenbank Wallersee

• IBAN: AT09 3502 1000 0125 3285

• BIC: RVSAAT2S021

 3.3. Deposit: After receipt of the booking confirmation, a deposit of 20% of the travel price has to be paid. This is due earliest 11 months before the agreed end of the trip.

 3.4. Payment of balance SunBike as operator:

The balance is due earliest 20 working days before commencement of travel.

3.4.1. Payment of balance SunBike as agent:

The balance is due earliest 4 weeks before commencement of travel.

 3.5. Travel material: Travel material will be sent to you when your payment reflects in our account (invoice, hotel list, hotel vouchers, vouchers for all services which feature in the offer). Approximately 3 to 4 weeks before arrival, you will receive arrival information (address of the arrival hotel, date of the customer welcome…). Depending on the trip, the tour information (route book, brochures about the region, luggage tags) will be given to you at the hotel after arrival or at the customer welcome.

 4. Exclusion of liability for the content of online offers

The author assumes no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to damages of material or immaterial nature caused by the use or disuse of the presented information or through the use of faulty and incomplete information are fundamentally excluded, provided there is no demonstrable fault of an intentional or grossly negligent nature on the part of the author.

 All offers are subject to change and non-binding. The author expressly reserves the right to alter, amend, delete or cease publication temporarily or permanently of parts of pages or the entire offer without separate announcement.

 4.1. References and links

In instances of direct or indirect references to third party Internet websites (“links”) which lie outside the responsibility of the author, liability would only and exclusively be accepted if and when the author possessed the knowledge of such and if and when it would be technically possible and feasible for the author to have prevented the use of such illegal content.

The author therefore declares that the corresponding link was free of illegal content at the time of publication. The author has no influence whatsoever on the current and future design and content of the linked / referred to websites. As a result, the author expressly distances themselves from any and all contents of the linked and / or referred to pages which have changed after the links have been set. This statement is valid for all links and references within the website created by the author as well as for the links and references from third parties in guest books, discussion forums, and mailing lists. Sole responsibility for illegal, erroneous or incomplete content, and especially for damages arising from the use or neglect of information offered in this way, is borne by the provider of the website to which referral was made, and not by the author who made the referral to the publication in question by the use of links.

 4.2. Copyright and licence rights

 The author aims to observe the copyright of any graphic, audio documents, video sequences or text in all publications, to use their own graphics, audio documents, video sequences and texts or to make use of licence free graphics, audio documents, video sequences or texts.

 All protected brand names and trademarks mentioned in the Internet offer are unrestrictedly subject to the terms of the respective and valid labelling laws and the ownership rights of the respective registered owners. The sole mention of a trademark on this website should not lead to the assumption that it is not protected by the rights of a third party!

 The copyright for published objects created by the author remains the property of the author of the pages. All reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permissible without the explicit permission of the author.

 4.3. No warning without prior contact

If the content or the design of this page violate the rights of third parties or legal regulations, please send us a message without invoicing. We guarantee that all proven copyright violations will be removed promptly, without the need from your side to seek legal assistance. Should you seek legal assistance regardless, you have no right according to § 254 of the Civil Code to claim the resulting costs.

 4.4. Validity of this liability disclaimer

 This disclaimer is to be regarded as part of the Internet offer from which this page has been referred. Should sections or individual formulations of this statement not, no longer or not fully comply with the current law, all other sections of the document remain unaffected as regards their contents and their validity.

 5. EU online arbitration platform

EU online arbitration platform

 D. Data protection declaration

We take the interests of data protection very seriously and would like to make sure that your privacy is protected when you use our offers. In the following data protection declaration, we would like to explain how your data will be treated.

 1.1. Homepage

To improve the offer on our webpage, we access and store specific data without personal reference. As soon as you request a file from our webpage, data is accessed and stored by default.

This dataset is made up of, among others:

·         the transferred data amount,

·         the access status (i.e. whether the file has been transferred or possibly not found etc.)

·         a description of the type as well as the version of the used web browser

·         day and time of the search

This data is evaluated exclusively for internal statistical purposes and for technical administration of the webpage; a transfer to third parties, including extracts, does not take place. No personal data will be saved.

 1.2. Collection and storage of personal data

Personal data will be collected by us only if you provide it to us voluntarily. In the course of your order the following personal data will be collected in particular: form of address, name, address, e-mail address, telephone number. Additionally, payment details such as bank connection are collected when you order.

 If you order our newsletter, your e-mail address is collected.

 The personal details you share with us (form of address, name, address, e-mail address, telephone number, bank connection) are stored legally and according to the regulations of the Federal Data Protection Act and the Telemedia Act. Any personal information will be obviously treated with confidentiality.

 1.3. Use of personal data

Your personal data will be used without your additional explicit consent for the processing of your order. For the processing of payment your payment details will be passed on to the commissioned financial institution. The data is not disclosed to third parties in any other way. However, we are authorised to inform relevant authorities about your personal data in individual cases, provided your data is requested for the purpose of fulfilling their legal powers (e.g. prosecution).

 1.4. Use of data for catalogue advertising, e-mail advertising without newsletter registration and your right of objection.

If we receive your e-mail address or your address in connection with a sale of a product or a service, a homepage registration or a travel inquiry and you have not objected to it, we reserve the right to send you regular offers about similar products to the one already purchased from our assortment via e-mail or catalogue. You can object this use of your e-mail address / address any time by sending us a message via the contact option described below without incurring any costs other than the transmission costs in accordance with the basic tariffs.

 1.5. Use of personal data with newsletter registration

When you register for our newsletter, we use the personal data required for it or separately shared by you, to regularly send you our newsletter. You can unsubscribe from the newsletter at any time, either using the contact option described below or the link provided in the newsletter.

 1.6. Cookies

The sales webpage uses cookies in some areas to facilitate the use of the webpage. Cookies are small text files which your Internet browser saves on your computer. If you call up the respective webpage again, the cookies allow recognition of your computer. This results in, e.g., that once entered information is available when an order form is filled in again. We usually use cookies that are automatically deleted from your hard disk when you close your Internet browser (so-called session cookies). Other cookies remain on your computer, and are responsible for the recognition of your computer at the next visit (persistent cookies). We use the information contained in cookies to facilitate the use of our webpage and to adjust the webpage to your needs. You can change the storage of cookies in your browser settings at any time by choosing the option “accept no cookies”. We would like to point out, however, that in this case you might not be able to use our webpage to its full extent.

 1.7. Web analysis

Currently, web analysis tools are not in use.

 1.8. Safety

Because the safety of your data is important to us, your personal data is secured with a safe SSL-connection, as it is used in online banking, when you log on to your costumer account or send an order. Only when you enter your information in our contact form or in an email request does encryption not take place.

 1.9. Information, notification, blocking and deletion

To delete your customer-login send an informal email to office@sunbike.info. You can request information about our stored data free of charge at any time. If need be, you have the right to have your stored data corrected, blocked or deleted. If deletion conflicts with legal or contractual obligations, we will block the data.

 Upon request, we will provide you at any time with the complete and free information about your or your company’s dataset, correct, block or delete it as well as happily answer any questions about the collection, storage and use of your data.


 E. Package tour rights

See details in menu item Q&A.


 Errors and typing errors reserved.

 

Heinz Hechenberger,

Salzburger Straße 31/20

A-5202 Neumarkt/W.

 

Tel.: +43-(0)6216 40805

Fax: +43-(0)6216 40805-5

Email: office@sunbike.info

Internet: www.sunbike.info

 

General manager: Heinrich Hechenberger

Place of business: Neumarkt am Wallersee

Regional court Neumarkt

VAT number: ATU56271368

GISA number: 18216158

 

Dated: January 2020

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