Salzburg Limousines by Clemens Fagerer
Telephon +43 664 52 89 190 Mail office@salzburg-limousines.at

Terms and Conditions



Terms of Use


Salzburg Limousines (in the following text reffered to as "we", "our" or "us") invites you to view, use and download information from our web site, conditioned upon your agreement to comply fully with the following "Terms and Conditions of Use" which we, in our discretion, may modify from time to time:

Restrictions on Use:
You may download, reproduce and retransmit material displayed on this web site for non-commercial, personal use. If you do so, you agree that we retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of our web site for public or commercial purposes, including any text, images, audio, or video without our written permission. Please contact us (contact details on the about page) for further qestions.

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E-mail:
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any information. With respect to any communications you make to us, including but not limited to questions, comments, suggestions, feedback, and the like, you
1.: understand and agree that we reserve the rights to respond or not respond, in its discretion, to any questions submitted by you;
2.: understand and agree that such content will be deemed non-confidential;
3.: agree not to submit content that is infringing or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with or otherwise adversely affect the operation of another's computer, or surreptitiously intercept or expropriate any system, data or personal information; and 4.: grant us the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media, and waive any moral rights you may have in such content.

Third Party Information:
Links to other web sites operated by other entities are included as a convenience to you. We make no representation regarding the content or accuracy of any other web site, which you may access through this one. We are not responsible for the content found on other web sites, which is linked from this page. The existence of these links on our website does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s).

Linking to our Site:
Unless otherwise set forth in a written agreement between you and us, you must adhere to our linking policy as follows:
1.: any link to our web site must be either a text only link clearly marked with our name or a harcoded link in our unaltered logo (changes in size are the exception),
2.: the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks,
3.: the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us,
4.: when selected by a user, the link must display the web site on full-screen and not within a "frame" on the linking web site, and
5.: we reserve the right to revoke its consent to the link at any time and in its sole discretion.

Disclaimer of Warranties:
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
We make no warranty as to the accuracy, completeness, currency, or reliability of any content available through this web site. You are responsible for verifying any information before relying on it. Use of the web site and the content available on the web site is at your sole risk. We makes no representations or warranties that use of the web site will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the web site is free of viruses. Some counties, directives or states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability:
Your use of the web site or any content on the web site is at your own risk. We specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the web site, even if we have been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the web site, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the web site or viruses, whether caused in whole or in part by negligence, acts of nature, telecommunications failure, theft or destruction of, or unauthorized access to the web site, or related information or programs. Some counties, directives or states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Violations and Additional Policies:
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this web site, including the right to block access from a particular Internet address to the web site.

Governing Law:
These terms and conditions shall be governed and construed in accordance with the laws of the European Union, Austria and Salzburg without regard to conflict-of-laws provisions. We make no representation that the information in the web site is appropriate or available for use in other locations, and access to our site from territories where the content of our web site may be illegal is prohibited. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These "Terms and Conditions of Use" and all documents incorporated herein by reference constitute the entire agreement between us and you with respect to our web site.

If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

This Disclaimer is available in other languages and forms but the current one is legit and will be enforced.



GENERAL TRAVEL TERMS AND CONDITIONS (ARB 1992)


Adaptation to the amendment to the Consumer Protection Act, Federal Law Gazette 247/93 and to the Warranty Right Amending Law, Federal Law Gazette I No.48/2001
Jointly discussed in the consumer-political advisory body of the Federal Minister for Health, Sports and Consumer Protection in accordance with § 73 subsection 1 of the Trade, Commerce, and Industry Regulation Act 1994 [Gewerbeordnung] and § 8 of the regulation of the Federal Minister for economic affairs in the version dated 1994 on the provisions regarding the exercise of the travel agency industry [Ausübungsvorschriften für das Reisebürogewerbe] (now § 6, according to Federal Law Gazette II No. 401/98).

The travel agency may act as agent (section A) and/or as tour operator (section B).

The agent accepts the obligation to make an afford to provide an entitlement for services of other parties (operators, carriers, hoteliers, etc.).

Tour operator is the company either offering several touristic services at a package price (package holiday/travel organisation) or promising to render individual touristic services as services on own account and for this purpose usually providing own brochures, advertisements, etc.

If third party services are arranged (e.g. optional trips at the holiday resort), a company acting as tour operator may also act as agent if it refers to this
function as agent.

The following conditions constitute the contractual text usually used by travel agencies as agents (section A) or as tour operators (section B) to conclude contracts with their customers/travellers (annotation: in the sense of the Consumer Protection Act).

The special conditions

- of the arranged tour operators,
- of the arranged carriers (e.g. train, bus, airplane and ship) and
- the other arranged service providers

prevail.

A. THE TRAVEL AGENCY ACTING AS AGENT
The following conditions are the bases of the contract (agent’s contract) concluded between customers and an agent.

1. Booking/contract conclusion
The booking can be effected in writing, per telephone or verbally. The travel agency should immediately confirm verbal bookings or bookings per telephone in writing.

Travel agencies should use booking notes containing all necessary details regarding the customer's order and referring to the travel advertisement (catalogue, brochure, etc.) forming the basis of the booking.

With regard to its own services or arranged services, the agent must – according to § 6 of the provisions regarding the exercise of the travel agency industry – refer to these applicable GENERAL TRAVEL TERMS AND CONDITIONS. In case of differing travel terms and conditions, he must demonstrably advise the customer of these differences and hand them out before contract conclusion.

If services of foreign contractors (service providers, tour operators) are arranged, foreign law may apply as well.

Whoever completes a booking for himself or for a third party, is regarded as principal contractor and in default of differing declarations, accepts the obligations under the contract award towards the travel agency (payments, contract cancellation, etc.).

In the booking, the travel agency may request a service charge and a (minimum) deposit. Both the balance and the compensation of cash expenses (telephone expenses, fax costs, etc.) become due upon the hand-over of the travel documents (these do not include personnel documents) of the respective tour operator or service provider at the travel agency.

Upon or immediately after the contract conclusion, travel organisations accepting bookings are obliged to communicate a confirmation regarding the travel contract to the traveller (travel confirmation).

2. Information and other incidental services
2.1 Information on passport, visa, foreign currency, customs and health Regulations
It is commonly known, that a valid passport is needed for travels abroad.

Additionally the travel agency must inform the customer about the corresponding foreign passport, visa and health entry provisions and – upon request – about foreign currency and customs regulations if they can be obtained in Austria. The customer himself is responsible for compliance with these regulations. If possible, the travel agency will – against compensation – take charge of the provision of a visa that might be necessary. Upon request, the travel agency will - if possible - give information about special regulations for foreigners, stateless persons as well as persons holding a double citizenship.

2.2 Information regarding the travel service
The travel agency is obliged to present the service of the tour operator or the service provider to the best of its knowledge in consideration of the characteristics of the arranged contract and the circumstances in the respective country or destination.

3. Legal status and liability
The travel agency’s liability covers

- the thorough selection of the respective tour operator and/or service provider as well as the thorough analysis of gained experience;
- the unobjectionable provision of services including the corresponding information of the customer and the delivery of the travel documents;
- the demonstrable forwarding of notices, declarations of intent and payments between the customer and the procured company and vice versa (like e.g. of changes in the agreed service and the agreed price, notices of cancellation, complaints).

The travel agency will not be liable for the provision of the service procured and/or obtained by it.

Together with the travel confirmation, the travel agency must notify the customer about the company name (product name), the address of the tour operator and – if applicable – of an insurer if this information is not already contained in the brochure, catalogue or other detailed means of advertising. If it does not do so, it is liable towards the customer as operator and/or service provider.

4. Impairments of performance
If the travel agency violates the duties incumbent on it under the contractual relationship, it is obliged to compensate the customer the resulting damage unless it proves that it has neither acted intentionally nor in a grossly negligent way.

For breaches of contract due to slight negligence, the travel agency is obliged to compensate the customer the resulting damage up to the amount of the commission of the procured business.

B. THE TRAVEL AGENCY AS TOUR OPERATOR
The following conditions are the bases of the contract – hereinafter referred to as travel contract – concluded between the booking party and a tour operator either directly or through an agent. In case of a direct conclusion, the agent’s obligations analogously apply to the tour operator.

The tour operator generally accepts the applicable GENERAL TRAVEL TERMS AND CONDITIONS, deviations are highlighted in all its detailed advertising documents according to § 6 of the provisions regarding the exercise on of the travel agency industry.

1. Booking/contract conclusion
The travel contract is concluded between the booking party and the tour operator if there is an agreement regarding the material parts of the contract (price, service and date). This results in rights and duties for the customer.

2. Change in the person of the traveller
A change in the person of the traveller is possible if the replacing person meets all conditions regarding the participation and can be completed in two ways.
2.1 Assignment of the claim to the travel service
The booking party’s obligations under the travel contract remain effective if it assigns all or single claims under this contract to a third party. In this case, the booking party will bear the resulting additional costs.
2.2 Transfer of the travel event
Where the customer is prevented from proceeding with the package, he may transfer his booking to another person. The tour operator must be informed about the transfer either directly or via the agent within a reasonable period before the departure date. The tour operator may notify a specific period in advance. The transferring party and the replacing person will be jointly liable for both the unbalanced remuneration and the additional costs arising from the transfer.

3.Contents of the contract, information and other incidental services
Exceeding the duty to inform also applicable to the agent (namely information on passport, visa, foreign currency, customs and health entry regulations), the tour operator must provide sufficient information about the service offered. The service descriptions in the catalogue and/or brochure valid at the time of the booking as well as the other information contained therein are the subject matter of the travel contract, unless differing agreements have been made at the booking. It is, however, recommended to record such agreements in writing.

4. Travels including special risks
If travels include special risks (e.g. expeditions), the tour operator will not be liable for the consequences of risks outside of his scope of duty.

The tour operator’s obligation to thoroughly prepare the journey and to thoroughly select the persons and companies commissioned with the provision of the single travel services remains unaffected.

5. Legal bases in case of impairments of performance
5.1 Warranty
If the service has not been rendered or only been rendered imperfectly, the customer has a right to claim.

The customer agrees that instead of his claim to conversion or price reduction, the tour operator will – within a reasonable period – provide an unobjectionable service or improve the imperfect service.

Remedy can take place by removing the failure or by providing an equal or better replacement service that is subject to the customer’s explicit consent.
5.2 Compensation
If the tour operator or his assistants violate the duties of the contractual relationship either intentional or by negligence, the tour operator is obliged to compensate the damage.

To the extent, the tour operator is responsible for other persons than his employees, he will only be liable – except in cases of personal injury – if he does not prove that they have acted in an intentional or grossly negligent way.

Except in case of intention or gross negligence, the tour operator will not be liable for objects that are usually not brought along unless he has taken these objects in custody knowing the circumstances.

The customer is therefore advised not to carry along objects of special value. Moreover, it is recommended to orderly keep the objects that have been brought along.
5.3 Notification of failures
The customer must immediately inform the tour operators representatives of every failure in the performance of the contract that he locates during the journey. This implies that the customer has been notified about a representative and that the latter is available on site without considerable efforts. If this notification is omitted, this will not affect the customer’s right to claim described under 5.1. This omission can, however, be imputed to him as contributory negligence and thus decrease his possible claims for damages. In this respect it is, however, necessary that the operator has informed the customer about this duty of notification in writing, either directly or via the agent. Equally, the customer must have been notified at the same time that any omission regarding this notification will not affect his right to claim, that it can, however, be imputed as contributory negligence.

If applicable and for lack of a local representative, it is recommended to either inform the respective service provider (e.g. hotel, airline) or the tour operator himself about failures and to request remedy.
5.4 Special liability laws
Regarding flights, the tour operator will – inter alia – be liable under the Warsaw Convention and its additional conventions, in journeys by train and bus under the Railway and Motor Vehicle Liability Law.
6. Assertion of possible claims
In order to simplify the assertion of claims, the customer is advised to obtain a written confirmation regarding the non provision of services or improper performance respectively to secure receipts, evidences and witnesses.

Consumer warranty claims can be asserted within 2 years.

Claims for damages will become time-barred after 3 years.

In the interest of the traveller, it is recommended to immediately assert claims after having returned from the journey directly at the tour operator or via the procuring travel agency as upon an increasing delay, difficulties regarding the evidence have to be anticipated.

7. Cancellation of the contract
7.1 Cancellation on the part of the customer before the beginning of the Journey
a) Cancellation without cancellation fees
Apart from the legally granted cancellation rights, the customer may – without the operator having claims against him - cancel the contract if the following cases occur before the beginning of the service:

If material components of the contract including the travel price are changed to a considerable extent.

The frustration of the conditioned purpose and/or character of the travel event as well as an increase in the agreed travel price by more than 10% effected according to section 8.1 will in each case constitute such contract modification.

The tour operator is obliged to immediately notify the customer the contract modification either directly or via the procuring travel agency and to simultaneously instruct him regarding the existing option to either accept the contract modification or the cancel the contract; the customer must immediately exercise his option.

If the operator is responsible for the occurrence of the event entitling the customer to the cancellation, the operator is obliged to compensate the customer’s damages.
b) Claim to replacement services
If he does not make use of the cancellation possibilities according to letter a) and in case of cancellation by the tour operator without the customer’s fault, the customer may – instead of the contract rescission – request the contract performance by means of the participation in any other equal journey if the operator is able to provide this service.

Apart from the right to the option, the customer is also entitled to a claim for damages due to non-performance of the contract, unless the cases of 7.2 take effect.
c) Cancellation with cancellation fees
The cancellation fee is a percentage of the travel price and with regard to its amount, depends on the time of the notice of cancellation and the respective type of journey. The travel price or the package price is the overall price of the contractually agreed service.

In all cases not mentioned under letter a), the customer is – against payment of a cancellation fee – entitled to cancel the contract. In case the cancellation fees are not reasonable, they can be abated by court.

Depending on the type of journey, the following cancellation rates result per person:

Special flights (charter), group IT (group package tours using regular service), motor-bus group excursions (journeys lasting several days)
until 30 days prior to departure...10%
29 to 20 days prior to departure...25%
19 to 10 days prior to departure...50%
9 to 4 days prior to departure ...65%
as of 3 days (72 hours) prior to departure ...85% of the travel price.
Individual IT (individual package tours using regular service), train group excursions (except for special trains) until
30 days prior to departure ...10%
29 to 20 days prior to departure ...15%
19 to 10 days prior to departure...20%
9 to 4 days prior to departure ...30% as of
3 days (72 hours) prior to departure...45%
of the travel price.

Special conditions apply for hotel accommodation, holiday flats, ship travels, one-day bus travels, special trains and scheduled flights at special tariffs. The latter are to be listed in the detailed program.

Notice of cancellation
When cancelling the contract, you have to note the following:
The customer (principal) may inform the travel agency at which the travel has been booked at any time that he will cancel the contract. In case of cancellation, it is recommended to do this

- by registered letter or
- personally, with a simultaneous written declaration.

d) No show
No show means if the customer does not appear for the departure, whether he does not want to travel or if he misses the departure for any negligence for which he is responsible or for any coincidence that happens to him. If it has been clarified that the customer cannot or does not want to make use of the remaining travel service, he must pay according to the type of journey 85% of the package price (e.g. special flights) and respectably 45% of the package price (e.g. individual IT). If the rates mentioned above are not reasonable, they can be abated by court in the special case.

7.2 Cancellation by the tour operator prior to departure
a) The tour operator will be released from the contract if a minimum number of participants specified in the advertisement is not achieved and if the customer has been notified about the cancellation in writing within the following periods or those mentioned in the travel description:

- until 20 days prior to departure in journeys of more than 6 days,
- until 7 days prior to departure in journeys of 2 to 6 days,
- until 48 hours prior to departure in day trips.

If the operator is responsible for the non-achievement of the minimum number of participants to an extent exceeding slight negligence, the customer is entitled to request compensation. This compensation is limited by the amount of the cancelation fee. The assertion of any damage exceeding this amount is, however, not excluded.

b) The cancellation is based on force majeure, i.e. due to exceptional and unforeseeable events that cannot be influenced by the party referring to force majeure and the consequences of which couldn’t have been avoided despite applying the necessary care. This does, however, not include overbooking, but it includes governmental orders, strikes, war or situations similar to war, epidemics, natural disasters, etc.

c) In cases of letters a) and b), the customer will be compensated the deposited amount. He is entitled to the option according to 7.1.b, 1st paragraph.
7.3 Cancellation on the part of the tour operator after the beginning of the journey
The tour operator is released from the contract performance if within the scope of a group travel, the customer lastingly and despite a warning disturbs the travel performance by grossly improper behaviour.

If it was the customers fault, the customer is obliged to compensate the tour operator for the damage he has incurred.

8. Changes in the contract
8.1 Price revisions
The tour operator reserves the right to increase the travel price confirmed in the booking for reasons not depending on his will if the period between the conclusion of the contract and the departure is longer than two months. Such reasons only include changes in the transportation costs, e.g. the fuel costs, the dues, taxes or fees chargeable for certain services, like landing taxes, embarkation and disembarkation fees in harbours and corresponding fees on airports or the exchange rates to be applied to the particular package.

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

Within the two-month period, price increases may only be effected if the reasons for this have been separately negotiated in the booking and stated on the booking note.

During the 20 days prior to the departure date stipulated, the price stated in the contract shall not be increased.

A price revision is only admissible if upon compliance with the agreed requirements, an exact description for the calculation of the new price has been provided, as well. The customer must be immediately notified of the price revision and its reasons. If the price increase is more than 10 percent, the customer is entitled to withdraw from the contract without cancelation fees. (see section 7.1.a.).
8.2 Service modifications after beginning of the travel

- In changes for which the operator is responsible, the regulations as specified in section 5 (legal bases in case of impairments of performance) will apply.

- If it turns out after the departure that a significant proportion of the contractually agreed services will or cannot be provided, the operator must – without
additional remuneration – make suitable alternative arrangements so that the journey can be continued. If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the tour operator shall, where appropriate, provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed. Furthermore, in the case of non-performance or improper performance of the contract the tour operator is obliged, to assist the customer to the best of his abilities in the solution of problems.

9. Provision of information to third parties
Even in urgent cases, information regarding the names of the travellers and their whereabouts will not be provided to third parties unless the traveller has explicitly requested an information provision. The costs caused by the transmission of urgent messages are for the customer’s account. Thus, the travellers are advised to notify their relatives the exact holiday address.

10. General
Sections 7.1. letter c, formerly letter b (cancellation), 7.1. letter d, formerly letter c (no-show) as well as 8.1. (price revision) listed under section B are non-binding association recommendations under 1 Kt 718/91-3 and as such are now registered under 25 Kt 793/96-3 in the Register of Cartels.

This is a translation from the German original. Only the German original is of binding validity.



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