Allgemeine Geschäftsbedingungen

General Terms and Conditions for Travel Agents

COLUMBUS Reisen GmbH & Co.KG.

1. Scope of Application

1.1. The Travel Agent mediates travel contracts for individual travel services (such as flight, hotel, etc.), package tours (within the meaning of § 2 para 2 PRG), and linked travel arrangements (within the meaning of § 2 para 5 PRG) between the tour operator or service provider, on the one hand, and the traveller, on the other hand. The Travel Agent provides its services in accordance with legal provisions, particularly the Package Travel Act (PRG) and the Package Travel Regulation (PRV), with the diligence of a prudent business person. In the following, Travel Agent refers to the company COLUMBUS Reisen GmbH & Co.KG., Universitätsring 8, 1010 Wien.

1.2. These General Terms and Conditions are considered agreed upon if they were transmitted before the traveller is bound to a contract by a contractual declaration or if the traveller was able to view their content. They form the basis of the agency contract concluded between the Travel Agent and the traveller.

1.3. The present General Terms and Conditions apply to the agency contract (cf. section 1.2). For contractual relationships between the traveller and the mediated tour operator, the mediated transport companies (e.g., train, bus, plane, and ship, etc.) and other mediated service providers, their respective general terms and conditions apply, provided they were transmitted to the traveller—before the traveller is bound to a contract by a contractual declaration—or the traveller was able to view their content and the content of the terms and conditions is not unlawful or violates existing law.

2. Duties of the Travel Agent

2.1. Based on the information provided by the traveller, the Travel Agent prepares travel proposals for the traveller. These are non-binding and therefore do not constitute an offer within the meaning of § 4 PRG. If no travel proposals can be prepared based on the traveller's information, the Travel Agent will inform the traveller. The travel proposals are based on the traveller's information, which means that incorrect and/or incomplete information provided by the traveller can form the basis of the travel proposals, in the absence of clarification by the traveller. When preparing travel proposals, parameters such as (without claim to completeness) the price, the professional competence of the tour operator/service provider, discounts, the best price principle, and more may be used.

2.2. If the traveller has a specific interest in one of the travel proposals submitted to them by the Travel Agent, the Travel Agent will prepare a travel offer based on the travel proposal in accordance with the requirements of § 4 PRG, as far as they are relevant for the trip. The travel offer prepared by the Travel Agent is binding on the tour operator or, in the case of linked travel arrangements or individual travel services, the service provider. A contract between the tour operator or, in the case of linked travel arrangements or individual travel services, between the service provider and the traveller comes into effect when the travel offer is accepted by the traveller (= traveller's contractual declaration, cf. 1.3).

2.3. The Travel Agent advises and informs the traveller based on the information provided by the traveller to the Travel Agent. The Travel Agent presents the package tour of the tour operator, or in the case of linked travel arrangements or individual travel services, the service of the service provider, to be mediated to the traveller according to their information, taking into account the local conditions of the respective destination country/place, as well as any special features associated with the trip (e.g., expedition trips) to the best of their knowledge. There is no obligation to provide information about generally known facts (e.g., topography, climate, flora and fauna of the destination desired by the traveller), unless the type of trip requires separate clarification or the clarification of facts is necessary for the provision and course or execution of the service to be mediated. In principle, it must be considered that the traveller consciously decides on a different environment, and the standard, equipment, food (especially spices), and hygiene are based on the regional standards/criteria customary for the respective destination country/place. Furthermore, the traveller has the option of reading more detailed information on local conditions, especially regarding the location, place, and standard (local custom) of the services to be mediated, generally in the catalogue or on the website of the respective tour operator.

2.4. The Travel Agent informs the traveller in accordance with § 4 PRG, before the traveller is bound to a package travel contract by a contractual declaration: 2.4.1. About the existence of a package tour by means of the Standard Information Sheet in accordance with § 4 para 1 PRG. Furthermore, the Standard Information Sheet for package tours can generally be viewed – if available and printed or uploaded – in the catalogue or on the website of the respective tour operator. 2.4.2. About the information listed in § 4 para 1 PRG, provided this is relevant for the package tour to be mediated and necessary for the execution and provision of services (e.g., for a pure beach holiday, no information on sightseeings as for study tours, etc., is required, unless they are part of the agreed services). Furthermore, this information can generally be viewed – if available – in the catalogue or on the homepage of the respective tour operator. 2.4.3. Whether the package tour to be mediated to the traveller is generally suitable for persons with reduced mobility, provided this information is relevant for the package tour concerned (§ 4 para 1 Z 1 lit h PRG). A person with reduced mobility, analogous to Art 2 lit a VO 1107/2006 (rights of disabled air passengers and air passengers with reduced mobility), is a person with a physical disability (sensory or motor, permanent or temporary) that restricts the use of components of the package tour (e.g., use of a means of transport, accommodation) and requires an adaptation of the services to be mediated to the special needs of this person. 2.4.4. About general passport and visa requirements of the destination country, including the approximate time limits for obtaining visas, and for carrying out health formalities (§ 4 para 1 Z 6 PRG), provided this information is relevant for the package tour concerned. Upon request, the Travel Agent provides information about foreign exchange and customs regulations. Furthermore, general information on passport and visa requirements, health formalities, and foreign exchange and customs regulations for travellers with Austrian citizenship can be obtained by selecting the desired destination country at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ – or for EU citizens from their respective representative authorities. It is presumed to be known that a valid passport (e.g., not expired, not reported as stolen or lost, etc.) is usually required for travel abroad, for the validity of which the traveller is responsible. The traveller is responsible for complying with the health formalities communicated to them. The traveller is responsible for obtaining a necessary visa, unless the Travel Agent has agreed to take over the procurement of such.

2.5. The Travel Agent informs the traveller, before the traveller is bound by a contractual declaration, in accordance with § 15 para 1 PRG in the case of linked travel arrangements, that the traveller cannot assert any rights that apply exclusively to package tours, and that each service provider is only liable for the contractual provision of their service, as well as that the traveller benefits from insolvency protection according to the Package Travel Regulation. The Travel Agent complies with this duty to inform in accordance with § 15 para 2 PRG if they provide the corresponding Standard Information Sheet in accordance with PRG Annex II, provided the type of linked travel arrangements is covered in one of these Standard Information Sheets.

2.6. Special requests of the traveller in the sense of customer wishes (e.g., sea view) are generally non-binding and do not give rise to a legal claim as long as these wishes have not been confirmed by the tour operator for package tours in the sense of a stipulation of the traveller according to § 6 para 2 Z1 PRG or by the service provider for linked travel arrangements or individual travel services in the sense of a stipulation of the traveller. If a confirmation is made, a binding promise of performance exists. The declarations of the Travel Agent constitute a commitment to forward the traveller's wishes to the tour operator/specific service provider and are not a legally binding promise as long as they have not been confirmed by the tour operator or, in the case of linked travel arrangements or individual travel services, by the service provider.

3. Traveller's Duty to Inform and Cooperate

3.1. The traveller must communicate all personal data (e.g., date of birth, nationality, etc.) and factual information (e.g., planned import/carrying of medications, prostheses, animals, etc.) required and relevant for the trip to the Travel Agent in good time, completely, and truthfully. The traveller must inform the Travel Agent about all circumstances concerning themselves or their co-travellers (e.g., allergies, food intolerance, no travel experience, etc.), and about their or their co-travellers' special needs, in particular about existing reduced mobility or health status and other restrictions, which may be relevant for the preparation of travel proposals/offers or for the execution or performance of the trip and travel services (e.g., for hiking trips, etc.), if necessary by providing complete qualified proof (e.g., medical certificate).

3.2. The traveller is recommended, if there is reduced mobility or other restrictions or special needs within the meaning of section 3.1. (e.g., requirement of special medication, regular medical treatments, etc.) that are likely to impair the execution of the trip, to clarify with a doctor before booking whether the necessary fitness to travel exists.

3.3. If a restriction of the traveller's mobility or other restrictions within the meaning of 3.1. only arise in the period between contract conclusion and the start of the trip, the traveller must immediately notify the Travel Agent – with written form recommended for reasons of proof – so that the latter can inform the tour operator or, in the case of linked travel arrangements or individual travel services, the service provider accordingly.

3.4. The traveller who makes a booking for themselves or third parties through the Travel Agent is considered the client and, analogous to § 7 para 2 PRG, assumes the obligations arising from the agency contract towards the Travel Agent (e.g., payment of the fee, etc.), unless another agreement is made.

3.5. The traveller is obliged to check all contractual documents transmitted through the mediation of the Travel Agent (e.g., package travel contract, booking confirmation, vouchers) for factual correctness regarding their information/data and for any deviations (spelling mistakes; e.g., names, date of birth) as well as incompleteness, and in the event of inaccuracies/deviations/incompleteness, to immediately notify the tour operator for correction – with written form recommended for reasons of proof.

3.6. In the event of the impossibility of the contractually agreed repatriation of the traveller due to unavoidable and extraordinary circumstances, the tour operator bears the costs for the necessary accommodation for a maximum of 3 nights. This does not apply to travellers with reduced mobility (pursuant to Article 2A of Regulation IG No. 1107/2006 on the rights of disabled air passengers and air passengers with reduced mobility) and their accompanying persons, pregnant travellers, unaccompanied minor travellers, and travellers requiring special medical care, provided the named persons notify the tour operator or travel agent of their special needs, which did not exist at the time of booking or did not have to be known to them, 48 hours before the start of the trip.

3.7. The traveller must, in accordance with § 11 para 2 PRG, immediately and completely report every lack of conformity of the agreed travel service perceived by them, taking into account the respective circumstances, including a specific designation of the lack of conformity/defect, to the tour operator so that the tour operator can be enabled to remedy the lack of conformity on site – if this is possible or expedient depending on the individual case – taking into account the respective circumstances (e.g., time difference, impossibility of contact in the case of an expedition trip, existence of an alternative or an exchange/improvement possibility, etc.) and any associated effort (e.g., cleaning a replacement room, finding a replacement hotel). If a lack of conformity occurs during the usual business hours of the Travel Agent through whom the package tour was booked, the traveller must report the lack of conformity to them. The traveller is recommended to use written form for this, especially for reasons of proof. Outside usual business hours, the traveller must report lacks of conformity to the representative of the tour operator on site, or, if one is not available and/or not contractually owed, directly to the tour operator at the emergency number provided in the package travel contract. Failure to report a lack of conformity, if remedy on site was possible and reporting was also reasonable, has an impact on any warranty claims of the traveller. Failure to report can also be credited as contributory fault (§ 1304 ABGB) with regard to claims for damages in accordance with § 12 para 2 PRG. A report of a lack of conformity does not yet effect a promise of performance by the tour operator.

3.8. The traveller is obliged to pay the fees agreed within the framework of the concluded contract in full and on time according to the payment terms. The traveller holds the Travel Agent harmless for the damage incurred by the Travel Agent in the event of non-payment (advance payments by the Travel Agent).

3.9. In the event of the assertion and receipt of payments from claims for damages or price reduction in the sense of § 12 para 5 PRG (e.g., compensation payment according to Art 7 Air Passenger Rights Regulation) or in the event of the receipt of other payments and services from service providers or third parties that are to be offset against the traveller's claims for damages or price reduction against the tour operator (e.g., payments from the hotel), the traveller must fully and truthfully inform the Travel Agent or tour operator of this circumstance.

4. Insurance

4.1. In principle, it should be noted for holiday trips that no valuable items, important documents, etc., should be taken along. For important documents, the creation and use of copies – as far as their use is permitted – is recommended. The theft of valuables cannot be excluded and must generally be borne by the traveller themselves, as the realization of the general life risk.

4.2. It is recommended to take out insurance (cancellation insurance, trip interruption insurance, travel baggage insurance, travel liability insurance, overseas health insurance, delay protection, personal protection, etc.) that ensures sufficient coverage from the date of the package travel contract until the end of the package tour.

5. Package Travel Contract

5.1. The traveller receives an original copy of the contract document or a confirmation of the contract on a durable medium (e.g., paper, email) upon conclusion of a package travel contract or immediately thereafter. If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded away from business premises within the meaning of § 3 Z 1 FAGG, the traveller agrees to receive the original copy or confirmation of the package travel contract alternatively also on another durable medium (e.g., email).

5.2. The traveller will receive the booking documents, vouchers, transport tickets, and entry tickets, information on the planned expected departure times and, if applicable, on scheduled intermediate stops, connecting services, and arrival times, at the last delivery/contact address provided by them, in good time before the start of the package tour, unless otherwise agreed. Should the documents/papers just mentioned contain inaccuracies/deviations/incompleteness in the sense of 3.5., the traveller must contact the Travel Agent or Tour Operator (cf. 3.5.).

6. Price Changes Before the Start of the Trip

6.1. The Travel Agent informs the traveller at the last address provided by them, clearly, comprehensibly, and prominently on a durable medium (e.g., paper, email) about price changes in the sense of § 8 PRG, which the tour operator has reserved in the package travel contract, at the latest 20 days before the start of the package tour, stating the reasons for the price change.

7. Changes to the Service Before the Start of the Trip

7.1. The Travel Agent informs the traveller at the last address provided by them, clearly, comprehensibly, and prominently on a durable medium (e.g., paper, email) about insignificant changes to the content of the package travel contract, which the tour operator has reserved in the package travel contract and which they make unilaterally in accordance with § 9 para 1 PRG.

7.2. Insignificant changes are – to be assessed in each individual case – minor, objectively justified changes that do not significantly alter the character and/or the duration and/or the content of the services and/or the quality of the booked package tour.

7.3. Significant changes can be a substantial reduction in the quality or value of travel services that the tour operator is forced to make, if the changes concern essential characteristics of the travel services and/or have an influence on the package tour and/or travel processing. Whether a change or reduction in the quality or value of travel services is significant must be assessed in the individual case, taking into account the type, duration, purpose, and price of the package tour, as well as the intensity and duration and causality of the change, and possibly the culpability for the circumstances that led to the change.

7.4. If the tour operator is forced, in accordance with § 9 para 2 PRG, to make significant changes in the above sense to those essential characteristics of the travel services that make up the character and purpose of the package tour (cf. 4 para 1 Z 1 PRG), or if they cannot fulfill stipulations of the customer that were expressly confirmed by the tour operator, or if they increase the total price of the package tour according to the provisions of § 8 PRG by more than 8%, the traveller may:

• Agree to the proposed changes within a reasonable deadline set by the tour operator, or
• Agree to participate in a substitute trip, provided one is offered by the tour operator, or
• Withdraw from the contract without payment of a compensation lump sum.

The Travel Agent will therefore inform the traveller in the cases just mentioned, at the last address provided by them, clearly, comprehensibly, and prominently on a durable medium (e.g., paper, email) about the following points:

• The changes to the travel services and, if applicable, their effects on the price of the package tour.
• The reasonable deadline within which the traveller must inform the tour operator of their decision, as well as the legal effect of not providing a declaration within the reasonable deadline.
• If applicable, the package tour offered as a substitute and its price.

The traveller is recommended to use written form for their declaration. If the traveller does not make a declaration within the deadline, this is considered agreement to the changes.

8. Liability

8.1. The Travel Agent is liable within the framework of § 17 PRG for booking errors (e.g., spelling mistakes), provided these are not due to an erroneous, incorrect, or incomplete statement by the traveller or to unavoidable and extraordinary circumstances within the meaning of § 2 para 12 PRG.

8.2. The Travel Agent is not liable for property and financial damages of the traveller arising in connection with the booking, provided they are due to unavoidable and extraordinary circumstances within the meaning of § 2 para 12 PRG.

8.3. The Travel Agent is not liable for the provision of the service mediated by them or for the provision of a service that was not mediated by them or was not promised by them to be mediated to the traveller, or not for additional services booked by the traveller themselves locally after the start of the trip. If the Travel Agent fails to comply with its duties to inform or its duties regarding insolvency protection in the sense of § 15 para 1 and 2 PRG when mediating linked travel arrangements, they are liable according to the provisions of §§ 7 and 10 as well as section 4 of the PRG, which otherwise apply only to package tours.

8.4. If the Travel Agent mediates a package tour of a tour operator with a registered office outside the EEA, they must prove that the tour operator complies with the obligations mentioned in section 4 of the PRG (provision of the agreed services, warranty, damages, duty of assistance). If this is not the case, the Travel Agent is liable for compliance with the said obligations in accordance with § 16 PRG.

9. Travel Agent's Fee:

The Travel Agent is entitled to a reasonable fee for its activities.

9.1. If the Travel Agent prepares a travel offer corresponding to the traveller's information, the fee (consultation fee) per travel offer and per interested party is: EUR 75.

9.2. If a booking of services (e.g., package tour, flight, or hotel) with the respective tour operator or service provider comes about through the Travel Agent, the fee (service fee) per booking and per traveller is: EUR 35.

9.3. If the traveller wishes to have the package travel contract transferred to another person in the sense of § 7 PRG, the Travel Agent is entitled to the actual and not unreasonable costs of the transfer, but in any case, a processing fee of EUR 29.

9.4. For changes (e.g., rebooking, name change) that are necessary due to erroneous or incomplete information from the traveller, the Travel Agent is entitled to the actual and not unreasonable costs, but in any case EUR 75 (cf. 3.5.), analogous to § 7 para 2 PRG.

9.5. The service fees and consultation fees charged by us must be paid in full and are not refundable, even in the event of a cancellation or trip cancellation by the service provider.

10. Delivery - Electronic Correspondence

10.1. The last address known to the Travel Agent (e.g., email address) is considered the delivery/contact address of the traveller. Changes must be immediately reported by the traveller. The traveller is recommended to use written form for this.

Information on Statutory Insolvency Protection:

For trips/services booked with COLUMBUS Reisen GmbH & Co KG. as the authorized travel service provider within the meaning of the provisions of the Package Travel Ordinance (PRV, BGBl. II Nr. 260/2018), a bank guarantee has been deposited with Erste Bank der österr. Sparkassen AG (Am Belvedere 1, 1100 Wien) in the event of insolvency.

In the event of insolvency, all claims must be registered directly with the competent insolvency administrator AWP P&C S.A., Niederlassung für Österreich, Linzer Straße 225, A-1140 Wien, by telephone: +43 1 52503-6853 or email vertragsverwaltung@allianz.com within 8 weeks.

Details on the travel service authorization of COLUMBUS Reisen GmbH & Co.KG. can be found on the website https://www.gisa.gv.at/abfrage under the GISA number 23950955.

General Terms and Conditions for the Business Division COLUMBUS Congress & Events Valid from 01/01/2023

I. Validity and Scope of Application

1.1. These General Terms and Conditions (GTC) shall apply exclusively to the business transactions of the COLUMBUS Congress & Events division of COLUMBUS GmbH & Co.KG – hereinafter briefly referred to as "COLUMBUS". These GTC are binding for all current and future business transactions with COLUMBUS, without the need for a further agreement. All services provided by COLUMBUS are carried out exclusively on the basis of these GTC.

1.2. The GTC are available for inspection at COLUMBUS in the current valid version and can be accessed on the homepage at https://www.columbus.at/agb_d. COLUMBUS reserves the right to amend these GTC at any time without prior notice.

1.3. Deviating terms or supplementary regulations (e.g., general terms and conditions, purchasing or payment terms) of the customer are not applicable. They shall not apply even if they are not explicitly contradicted again upon conclusion of the contract. Deviating terms or supplementary regulations shall only become part of the contract if they have been expressly confirmed by COLUMBUS in writing.

1.4. Ancillary agreements, reservations, amendments, and additions to these GTC and other contracts with COLUMBUS must be made in written form to be effective.

1.5. Should individual provisions of these GTC be ineffective, this shall not affect the binding nature of the remaining provisions and the contracts concluded based on them. The ineffective provision shall be replaced by an effective provision that comes closest to its meaning and purpose.

II. Offer and Contract Conclusion, Cost Estimate

2.1. The basis for the conclusion of the contract is the respective offer and/or cost estimate from COLUMBUS, or the customer's order, which specifies the scope of services and the remuneration. Offers from COLUMBUS are always non-binding and subject to change, unless they are expressly designated as binding.

2.2. The contract is concluded by the acceptance of the order by COLUMBUS. Acceptance must be made in written form (e.g., by signing a framework project agreement).

2.3. With regard to restaurants and programs, the customer must notify COLUMBUS of a binding confirmation of the number of participants for invoicing purposes no later than three working days before the event, otherwise the customer shall indemnify and hold COLUMBUS harmless from any damages and disadvantages.

2.4. Cost estimates from COLUMBUS are non-binding and subject to a fee. A cost estimate is prepared by COLUMBUS to the best of its professional knowledge, but no guarantee is given for its accuracy. Should costs increase by more than 20% after the order has been placed, COLUMBUS will inform the customer. The cost overrun is considered approved by the customer if the customer does not object in writing within 4 days of this notification. For cost overruns of less than 20%, a separate notification is not required and COLUMBUS may invoice these costs to the customer.

III. Confidentiality / Intellectual Property

3.1. Project concepts, event ideas, plans, sketches, cost estimates, and all other documents and materials created, provided, or contributed to by COLUMBUS remain the intellectual property of COLUMBUS.

3.2. The use of such documents outside of the agreed and intended use, in particular the passing on, reproduction, publication, and "making available" – including copies of excerpts – requires the express written consent of COLUMBUS.

3.3. The customer further undertakes to keep confidential any operational and business secrets that they may have received from the business relationship.

IV. Scope of Services, Duties to Cooperate

4.1. COLUMBUS's obligation to perform the service begins at the earliest when the customer has fulfilled all prerequisites for execution, which may be described in the contract or in information provided to the customer before the contract was concluded, or which the customer must have known based on knowledge or experience.

4.2. The scope of the services to be provided results from the customer's order or the service description or the information in the contract with the customer. Subsequent changes to the content of the service require written form.

4.3. Reasonable, objectively justified minor changes to the service execution by COLUMBUS are deemed approved by the customer in advance.

4.4. Objectively justified partial deliveries and services are permissible and may be invoiced separately by COLUMBUS.

4.5. With the delivery "Ex Works" (Ab Werk), delivered goods are considered accepted.

4.6. COLUMBUS is entitled to pass on the order in part or in its entirety to subcontractors. The subcontracting is carried out either in COLUMBUS's own name or in the name of the customer, but in any case, at the customer's expense.

4.7. The customer has the opportunity to check all services of COLUMBUS (in particular all preliminary designs, sketches, final drawings, etc.) carefully before placing the order and to communicate any desired changes. By placing the order, all services to be provided by COLUMBUS are deemed approved by the customer.

4.8. The customer will immediately provide COLUMBUS with all information and documents required for the provision of the service. They will inform COLUMBUS of all events that are significant for the execution of the order, even if these circumstances only become known during the execution of the order. The customer bears the costs incurred because work has to be repeated or delayed by COLUMBUS due to their inaccurate, incomplete, or subsequently changed information.

4.9. The customer is further obliged to check the documents provided for the execution of the order for any existing third-party rights (e.g., copyrights). In particular, the customer guarantees the legal permissibility of the use of the documents provided by them and shall indemnify and hold COLUMBUS completely harmless in this regard. COLUMBUS will only arrange for an external legal check upon the written request of the customer; the costs associated with this shall be borne by the customer.

V. Deadlines

5.1. Stated delivery or service deadlines are only considered approximate and non-binding, unless expressly agreed upon as binding. Binding date agreements must be confirmed by COLUMBUS in writing.

5.2. If the performance of COLUMBUS is delayed for reasons for which COLUMBUS is not responsible, such as unavoidable or unforeseeable events (force majeure), in particular delays by contractors of COLUMBUS or circumstances attributable to the customer, especially due to the breach of the duty to cooperate, the performance obligations shall be suspended for the duration and scope of the hindrance, and the deadlines shall be extended accordingly. The same applies if the customer is in default with their obligations necessary for the execution of the order (e.g., providing documents or information). In this case, the agreed deadline will be postponed at least by the extent of the delay. If such delays last longer than 1 month, the customer and COLUMBUS are entitled to withdraw from the contract.

5.3. The customer's right to withdraw from the contract in the event of delays that make adherence to the contract unreasonable remains unaffected. The customer is only entitled to withdraw from the contract due to delay in contract fulfilment by COLUMBUS after setting a reasonable grace period – at least 2 weeks. The setting of the grace period must be done in writing by registered letter with simultaneous threat of withdrawal.

5.4. An obligation to pay damages on the grounds of delay exists only in the event of intent or gross negligence on the part of COLUMBUS.

VI. Prices and Payment Terms

6.1. Prices are always quoted in EURO. The statutory value-added tax will be invoiced additionally at the respective valid rate. The prices quoted are "Ex Works" (Ab Werk). Packaging, transport, loading, and shipping costs, customs, and insurance are to be borne by the customer.

6.2. COLUMBUS is entitled to invoice the services rendered (partially) in partial invoices. In the case of partial payments, a loss of the instalment benefit (Terminverlust) occurs if even only one partial payment is not made on time or not in full. Upon the occurrence of the loss of the instalment benefit, the entire outstanding balance becomes immediately due for payment. The respective (partial) invoice amounts are due for payment no later than 14 days from the invoice date.

6.3. Unless otherwise agreed, the fee claim of COLUMBUS for each individual service arises as soon as it has been rendered. However, COLUMBUS is entitled to demand advance payments to cover expenses as follows:

• 25% of the estimated total amount after order confirmation,
• 40% of the estimated total amount 3 months before the service is rendered,
• 30% of the estimated total amount 3 weeks before the service is rendered,
• 5% remaining amount immediately upon receipt of the final invoice and after the service is rendered.

6.4. For projects/groups whose total turnover is less than EUR 40,000, COLUMBUS will invoice a daily rate of at least EUR 900 for "Project Management" and assistance during the stay. For projects/groups with fewer than 30 participants or whose total turnover is less than EUR 20,000, COLUMBUS will invoice a daily rate of at least EUR 900 for "Project Management" and assistance during the stay, as well as a processing fee of EUR 60 per person for communication and coordination.

6.5. All services provided by COLUMBUS that are not expressly covered by the agreed fee will be remunerated separately. All cash outlays incurred by COLUMBUS are to be reimbursed by the customer. In particular, special expenses requested by the customer during an event can be billed separately by COLUMBUS. COLUMBUS charges a fee of 10% of the total amount for this.

6.6. In the event of payment delays, default interest in the amount of 12% above the base interest rate plus a EUR 40 processing fee will apply. Furthermore, the customer undertakes to reimburse COLUMBUS for the resulting dunning and collection costs, insofar as these are necessary for the appropriate legal prosecution, in the event of payment default. COLUMBUS hereby expressly reserves the right to claim further damages caused by the delay.

6.7. If the customer is in default of payment within the framework of other contractual relationships existing with COLUMBUS, COLUMBUS is entitled to suspend the fulfillment of its obligations under this contract until payment is made by the customer. In this case, COLUMBUS is also entitled to declare all claims for services already rendered from the current business relationship with the customer immediately due.

6.8. If the payment deadline is exceeded, granted benefits, such as discounts, reductions, etc., shall lapse and be added to the invoice amount.

6.9. The customer is not entitled to offset their own claims against claims by COLUMBUS. A right of retention by the customer is excluded.

VII. Contract Termination / Reduction

7.1. Cancellations of orders must be made in written form. The time of receipt by COLUMBUS is decisive for the timeliness of the cancellation. In the event of receipt of a cancellation – unless otherwise agreed in a written contract – the following cancellation and reduction fees will be invoiced:

The claim for compensation for further damages remains unaffected.

7.2. A cancellation after the start of the execution of an order is inadmissible. COLUMBUS is entitled to withdraw from an order if changes in the customer's solvency occur between the submission of the offer and the execution, or if circumstances become known that call the customer's solvency into question. In such a case, COLUMBUS also reserves the right to declare all other services already rendered immediately due.

7.3. COLUMBUS is entitled to withdraw from the contract with immediate effect, in particular, if there is an important reason. An important reason exists in particular if:

• the execution of the service is impossible for reasons for which the customer is responsible, or is further delayed despite the setting of a grace period of 14 days;
• justified concerns exist regarding the customer's creditworthiness, and the customer neither makes advance payments upon request by COLUMBUS nor provides adequate security before the agency's performance;

VIII. Retention of Title

8.1. The goods delivered or otherwise handed over by COLUMBUS remain the property of COLUMBUS until all obligations arising from the contract have been paid in full.

8.2. A resale is only permissible if COLUMBUS was notified thereof in good time beforehand, stating the name and exact address of the buyer, and COLUMBUS agrees to the sale in writing. In the event of written consent, the customer's claim for the purchase price is hereby assigned to COLUMBUS, and COLUMBUS is authorized at any time to notify the third-party debtor of this assignment.

8.3. If the customer is in default of payment, COLUMBUS is entitled to demand the return of the reserved goods after setting a reasonable grace period.

8.4. The customer must immediately notify COLUMBUS of the opening of insolvency proceedings over their assets or the seizure of the reserved goods; any costs incurred by COLUMBUS in enforcing its claims are to be reimbursed by the customer. COLUMBUS is also entitled to enter the location of the reserved goods – insofar as is reasonable for the customer (e.g., during usual business hours) – and to take possession of the reserved goods in order to realize them in the best possible way through private sale or by auction with business partners, without prejudice to the buyer's payment and other obligations.

IX. Copyright

9.1. All services provided by COLUMBUS, as well as the individual workpieces and original designs, remain the property of COLUMBUS and can be reclaimed by COLUMBUS at any time – especially upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose of use. The acquisition of usage or exploitation rights to COLUMBUS's services always requires the complete payment of the fee invoiced by COLUMBUS for them.

X. Warranty

10.1. The warranty is governed by the statutory provisions. In the case of justified and claimed defects, the customer is primarily only entitled to the right to rectification or replacement of the service by COLUMBUS, for which a reasonable period must be granted. COLUMBUS is entitled to refuse the rectification of the service if it is impossible or associated with a disproportionately high effort for COLUMBUS.

10.2. Minor or other changes to the service obligation that are reasonable for the customer are deemed approved in advance.

10.3. Occurring defects must be reported and justified in writing no later than 2 days after the service is rendered by COLUMBUS. If the notification of defects is not raised properly and in due time, the service is deemed properly accepted and approved, unless it is a defect that was not recognizable upon inspection within the aforementioned period. Such defects must be reported immediately after discovery, otherwise the service is also deemed approved with regard to this defect. The assertion of warranty or damage claims as well as the right to challenge due to error based on defects are excluded in these cases.

10.4. The inspection of the goods merely by random sampling is not considered a proper inspection.

10.5. COLUMBUS is only obliged to pay damages in all relevant respects in the event of intent or gross negligence. Liability becomes time-barred within 6 months from knowledge.

10.6. The liability of COLUMBUS is limited in amount to the order value excluding taxes.

XI. Liability

11.1. COLUMBUS is liable only for damages caused intentionally and by gross negligence, with the exception of personal injuries. Liability for slight negligence is excluded. Any liability is limited to typically foreseeable damages to the customer and is limited in amount to the contractually agreed and paid remunerations due for the underlying services. Liability for lost profits, consequential damages, indirect, and indirect damages is excluded in any case. Any claim for damages can only be asserted in court within six months after the claimant has become aware of the damage, but no later than two years after the purchase of the goods, otherwise it shall be time-barred.

11.2. COLUMBUS provides the services with the utmost care but is not liable for services provided by or obtained from third parties.

XII. Final Provisions

12.1. Should one or more provisions of these GTC be ineffective, the effectiveness of the remaining provisions shall not be affected.

12.2. The contract is subject to Austrian law with the exclusion of conflict of law rules and the UN Sales Convention.

12.3. The exclusive jurisdiction of the court competent for commercial matters in Vienna, Inner City, is agreed for any disputes arising out of or in connection with this contract.

12.4. The place of performance is the registered office of COLUMBUS.

General Terms and Conditions for Travel (GTC 1992)

Adaptation to the amendment of the Consumer Protection Act (KSchG) Federal Law Gazette 247/93 and the Warranty Law Amendment Act (GewRÄG), Federal Law Gazette I No. 48/2001

Jointly agreed upon in the Consumer Policy Advisory Board of the Federal Minister for Health, Sports and Consumer Protection in accordance with § 73 para. 1 GewO 1994 and § 8 of the Regulation of the Federal Minister for Economic Affairs in the 1994 version on the rules for the exercise of the travel agency trade (now § 6, according to Federal Law Gazette II No. 401/98).

The travel agency can act as an Agent/Mediator (Section A) and/or as an Organizer (Section B).

The Agent/Mediator undertakes the obligation to endeavor to procure a claim to services provided by others (organizer, transport company, hotelier, etc.).

An Organizer is the company that either offers several tourist services at a package price (Package Tour/Travel Arrangement) or promises to provide individual tourist services as its own services and generally provides its own brochures, advertisements, etc., for this purpose.

A company acting as a travel organizer can also act as an Agent/Mediator when mediating third-party services (e.g., an optional excursion at the holiday destination), provided it points out this mediating function.

The conditions set out below represent the contractual text under which travel agencies usually conclude contracts with their customers/travellers (Note: in the sense of the KSchG) as Agents/Mediators (Section A) or as Organizers (Section B).

The special conditions of:

• the mediated tour organizers,
• the mediated transport companies (e.g., train, bus, aircraft, and ship) and
• the other mediated service providers take precedence.

A. THE TRAVEL AGENCY AS AGENT/MEDIATOR

The following conditions form the basis of the contract (agency contract - Geschäftsbesorgungsvertrag) that customers conclude with an Agent/Mediator.

1. Booking / Conclusion of Contract

The booking can be made in writing or orally (telephonically). Oral (telephonic) bookings should be confirmed by the travel agency in writing immediately.

Travel agencies should use booking forms that contain all essential details about the customer's order, referencing the travel advertisement (catalogue, brochure, etc.) on which the booking is based.

With regard to its own service and the service of the organizer mediated by it, the Agent/Mediator must refer to the present GENERAL TERMS AND CONDITIONS FOR TRAVEL in accordance with § 6 of the Rules for the Exercise of the Travel Agency Trade, demonstrably draw attention to any deviating travel conditions, and hand them over in this case before concluding the contract.

Insofar as services of foreign entrepreneurs (service providers, tour organizers) are mediated, foreign law may also apply.

The person making a booking for themselves or for third parties is thereby considered the client (Auftraggeber) and, in the absence of a different declaration, assumes the obligations arising from the order towards the travel agency (payments, withdrawal from the contract, etc.).

Upon booking, the travel agency may require a processing fee and a (minimum) down payment. The remaining payment and the reimbursement of cash outlays (telephone charges, telex costs, etc.) are due at the travel agency upon handing over the travel documents (which do not include personal identity documents) of the respective organizer or service provider.

Travel businesses that accept bookings are obliged to provide the traveller with a confirmation of the travel contract (travel confirmation) at or immediately after the conclusion of the contract.

2. Information and Other Ancillary Services

2.1. Information on Passport, Visa, Foreign Exchange, Customs, and Health Regulations

It is presumed to be known that a valid passport is generally required for travel abroad.

The travel agency must inform the customer about the respective additional foreign passport, visa, and health entry regulations, and upon request, about foreign exchange and customs regulations, insofar as these can be ascertained in Austria. Furthermore, the customer is solely responsible for complying with these regulations. If possible, the travel agency undertakes the procurement of any necessary visa for a fee.

Upon request, the travel agency will, if possible, provide information about special regulations for foreigners, stateless persons, and holders of dual citizenship.

2.2. Information on the Travel Service

The travel agency is obliged to present the service of the tour organizer or service provider to be mediated to the best of its knowledge, taking into account the specifics of the contract mediated in each case and the conditions of the respective destination country or place.

3. Legal Status and Liability

The liability of the travel agency extends to:

• the careful selection of the respective organizer or service provider, as well as the careful evaluation of gained experience;
• the faultless procurement of services, including appropriate information to the customer and the handing over of travel documents;
• the demonstrable forwarding of notices, declarations of intent, and payments between the customer and the mediated company and vice versa (such as changes to the agreed service and the agreed price, declarations of withdrawal, complaints).

The travel agency is not liable for the actual provision of the service mediated or procured by it.

The travel business must provide the customer with the company name (product name), the address of the tour organizer and, if applicable, of an insurer, together with the travel confirmation, unless this information is already contained in the brochure, catalogue, or other detailed advertising material. If it fails to do so, it is liable to the customer as the organizer or service provider.

4. Breach of Contract

If the travel agency breaches its obligations arising from the contractual relationship, it is obliged to compensate the customer for the resulting damage, unless it proves that it is not chargeable with intent or gross negligence. In the event of breach of contract due to minor fault, the travel agency is obliged to compensate the customer for the resulting damage up to the amount of the commission from the mediated transaction.

B. THE TRAVEL AGENCY AS ORGANIZER

The following conditions form the basis of the contract – hereinafter referred to as the travel contract – which those who book conclude with an organizer either directly or by using an agent. In the event of direct conclusion, the organizer shall be responsible for the duties of the agent mutatis mutandis. The organizer fundamentally recognizes the present GENERAL TERMS AND CONDITIONS FOR TRAVEL, and deviations are made apparent in all its detailed advertising material in accordance with § 6 of the Rules for the Exercise of the Travel Agency Trade.

1. Booking / Conclusion of Contract

The travel contract comes into effect between the person booking and the organizer when there is agreement on the essential contractual components (price, service, and date). This creates rights and obligations for the customer.

2. Change in the Person of the Traveller

A change in the person of the traveller is possible if the substitute person meets all conditions for participation, and can take place in two ways.

2.1. Assignment of the Claim to Travel Service

The obligations of the person booking under the travel contract remain in force if they assign all or individual claims from this contract to a third party. In this case, the person booking bears the resulting additional costs.

2.2. Transfer of the Travel Arrangement

If the customer is prevented from starting the travel arrangement, they may transfer the contractual relationship to another person. The transfer must be communicated to the organizer either directly or via the agent within a reasonable period before the departure date. The travel organizer may announce a specific deadline in advance. The transferor and the acquirer are jointly and severally liable for the still outstanding fee and, if applicable, for the additional costs arising from the transfer.

3. Contract Content, Information, and Other Ancillary Services

Beyond the duties to inform that also apply to the agent (namely information on passport, visa, foreign exchange, customs, and health entry regulations), the organizer must provide sufficient information about the service offered by them. The service descriptions in the catalogue or brochure valid at the time of booking, as well as the other information contained therein, are the subject of the travel contract, unless otherwise agreed upon during the booking. However, it is recommended to record such agreements in writing.

4. Travel with Special Risks

For travel with special risks (e.g., expedition character), the organizer is not liable for the consequences that arise during the occurrence of the risks if this happens outside their area of responsibility. The organizer's obligation to carefully prepare the trip and to carefully select the persons and companies entrusted with providing the individual travel services remains unaffected.

5. Legal Basis for Breach of Performance

5.1. Warranty

The customer has a warranty claim in the event of non-performance or deficient performance. The customer agrees that the organizer will provide them with a defect-free service or improve the deficient service within a reasonable period instead of their claim for rescission (Wandlung) or price reduction. Remedy can take place in such a way that the defect is corrected or an equivalent or higher-value substitute service, which also finds the customer's express consent, is provided.

5.2. Damages

If the organizer or their auxiliary persons culpably breach the obligations incumbent upon the organizer from the contractual relationship, the organizer is obliged to compensate the customer for the resulting damage. Insofar as the tour organizer is responsible for persons other than their employees, they are liable – except in cases of personal injury – only if they do not prove that these persons are chargeable with neither intent nor gross negligence. Except in cases of intent and gross negligence, the tour organizer accepts no liability for objects that are not usually taken along, unless they have taken them into custody with knowledge of the circumstances. The customer is therefore recommended not to take items of special value. Furthermore, it is recommended that the items taken along be properly secured.

5.3. Notification of Defects

The customer must immediately notify a representative of the organizer of any defect in the fulfillment of the contract that they discover during the trip. This presupposes that such a representative was disclosed to them and can be reached on site without significant effort. Failure to provide this notification does not change the customer's warranty claims described under 5.1. However, it can be credited to them as contributory fault and thereby reduce their potential claims for damages. However, the organizer must have informed the customer of this duty to notify, either directly or via the agent, in writing. Likewise, the customer must have been simultaneously informed that a failure to notify does not affect their warranty claims, but can be credited as contributory fault. If necessary, in the absence of a local representative, it is advisable to inform either the respective service provider (e.g., hotel, airline) or the organizer directly of the defects and to request a remedy.

5.4. Special Liability Laws

The organizer is liable for air travel, among other things, according to the Warsaw Convention and its supplementary agreement, and for rail and bus travel according to the Railway and Motor Vehicle Liability Act (Eisenbahn- und Kraftfahrzeughaftpflichtgesetz).

6. Assertion of Possible Claims

In order to facilitate the assertion of claims, the customer is recommended to obtain written confirmations of the non-provision or deficient provision of services or to secure documents, evidence, and witnesses. Warranty claims by consumers can be asserted within 2 years. Claims for damages become time-barred after 3 years. It is in the traveller's interest to assert claims immediately after returning from the trip directly with the organizer or through the mediating travel agency, as increasing delay makes difficulties in providing evidence likely.

7. Withdrawal from the Contract

7.1. Withdrawal by the Customer Before the Start of the Trip

a) Withdrawal Without Cancellation Fee Apart from the statutory rights of withdrawal, the customer can withdraw, without the organizer having claims against them, in the following cases occurring before the start of the service: When essential components of the contract, including the travel price, are significantly changed. In any case, the frustration of the stipulated purpose or character of the travel arrangement, as well as an increase in the agreed travel price by more than 10 percent made in accordance with Section 8.1., constitutes such a contract change. The organizer is obliged to immediately declare the contract change to the customer, either directly or via the mediating travel agency, and to instruct them about the existing choice between accepting the contract change or withdrawing from the contract; the customer must exercise their right of choice immediately. If the organizer is at fault for the occurrence of the event that entitles the customer to withdraw, the organizer is obliged to compensate the customer for the damage.

b) Claim for Substitute Service If the customer does not make use of the withdrawal options according to lit. a and in the event of cancellation by the travel organizer without the fault of the customer, they can demand, instead of the reversal of the contract, its fulfillment by participating in an equivalent different travel arrangement, provided the organizer is capable of providing this service. In addition to the right of choice, the customer also has a claim for damages due to non-fulfillment of the contract, unless the cases in 7.2. apply.

c) Withdrawal With Cancellation Fee The cancellation fee is a percentage of the travel price and is determined by the time of the declaration of withdrawal and the respective type of trip. The travel price or package price is understood as the total price of the contractually agreed service. The customer is entitled to withdraw from the contract in all cases not mentioned under lit. a against payment of a cancellation fee (Stornogebühr). In the event of the unreasonableness of the cancellation fee, it can be mitigated by the court.

The following cancellation rates per person result depending on the type of trip:

1. Special flights (Charter), Group-IT (Group package tours on scheduled services), Bus company tours (multi-day trips):
   • up to the 30th day before the start of the trip.....................10%
   • from the 29th to the 20th day before the start of the trip.........25%
   • from the 19th to the 10th day before the start of the trip.........50%
   • from the 9th to the 4th day before the start of the trip............65%
   • from the 3rd day (72 hours) before the start of the trip..........85% of the travel price.
2. Individual-IT (Individual package tours on scheduled services), Rail company tours (excluding special trains):
   • up to the 30th day before the start of the trip.....................10%
   • from the 29th to the 20th day before the start of the trip.........15%
   • from the 19th to the 10th day before the start of the trip.........20%
   • from the 9th to the 4th day before the start of the trip............30%
   • from the 3rd day (72 hours) before the start of the trip..........45% of the travel price.

Special conditions apply to hotel accommodation, holiday apartments, sea voyages, one-day bus trips, special trains, and scheduled air travel at special fares. These must be stated in the detailed program.

Declaration of Withdrawal When withdrawing from the contract, note: The customer (client) can notify the travel agency where the trip was booked at any time that they are withdrawing from the contract. In the event of a cancellation, it is recommended to do this:

• by registered letter or
• in person with a simultaneous written declaration.

d) No-show No-show occurs when the customer is absent from departure because they lack the will to travel, or if they miss the departure due to negligence on their part or a random event that befell them. If it is also clarified that the customer can no longer or does not want to use the remaining travel service, they must pay 85 percent of the travel price for the types of travel according to lit. c 1. (Special flights, etc.), and 45 percent for the types of travel according to lit. c 2. (Individual-IT, etc.). In the event of the unreasonableness of the above rates, they can be mitigated by the court in individual cases.

7.2. Withdrawal by the Organizer Before the Start of the Trip

a) The organizer is released from the fulfillment of the contract if a minimum number of participants specified in the advertisement from the outset is not reached and the customer was notified of the cancellation in writing within the deadlines specified in the description of the travel arrangement or the following deadlines:

• up to the 20th day before the start of the trip for trips of more than 6 days,

   

• up to the 7th day before the start of the trip for trips of 2 to 6 days,

   

• up to 48 hours before the start of the trip for day trips.

   

If the organizer is at fault for the failure to reach the minimum number of participants that goes beyond slight negligence, the customer can demand damages; this is lump-summed with the amount of the cancellation fee. The assertion of damages exceeding this amount is not excluded.

b) The cancellation takes place due to force majeure, i.e., due to unusual and unpredictable events over which the person invoking force majeure has no influence and whose consequences could not have been avoided despite the application of due care. However, this does not include overbooking, but it does include government orders, strikes, war or warlike conditions, epidemics, natural disasters, etc.

c) In cases a) and b), the customer receives the amount paid back. The right of choice according to 7.1.b, 1st paragraph is available to them.

7.3. Withdrawal by the Organizer After the Start of the Trip

The organizer is released from the fulfillment of the contract if the customer, in the context of a group trip, persistently disrupts the execution of the trip through grossly improper conduct, regardless of a warning. In this case, the customer, if at fault, is obliged to compensate the organizer for the damage.

8. Changes to the Contract

8.1. Price Changes

The organizer reserves the right to increase the travel price confirmed with the booking for reasons that are not dependent on their will, provided the travel date is more than two months after the conclusion of the contract. Such reasons are exclusively the change in transport costs – such as fuel costs – the duties for certain services, such as landing fees, embarkation or disembarkation fees in ports, and corresponding fees at airports, or the exchange rates applicable to the travel arrangement in question. In the event of a price reduction for these reasons, this must be passed on to the traveller. Within the two-month period, price increases can only be made if the reasons for this were individually negotiated at the time of booking and noted on the booking form. From the 20th day before the departure date, there is no price change. A price change is only permissible if, given the agreed prerequisites, a precise statement for the calculation of the new price is also provided. Price changes and their circumstances must be declared to the customer immediately. In the event of a change in the travel price of more than 10 percent, the customer's withdrawal from the contract without a cancellation fee is possible in any case (see Section 7.1.a.).

8.2. Changes to Services After the Start of the Trip

• In the event of changes for which the organizer is responsible, the regulations as set out in Section 5 (Legal Basis for Breach of Performance) apply.
• If it turns out after departure that a significant part of the contractually agreed services is not being provided or cannot be provided, the organizer must take appropriate measures without additional charge to ensure that the travel arrangement can continue to be carried out. If such arrangements cannot be made or are not accepted by the customer for compelling reasons, the organizer must, without additional charge, provide for an equivalent possibility to transport the customer to the place of departure or to another place agreed with them. Furthermore, the organizer is obliged to assist the customer to the best of their ability in overcoming difficulties in the event of non-fulfillment or deficient fulfillment of the contract.

9. Providing Information to Third Parties

Information about the names of the travellers and their locations will not be given to third parties, even in urgent cases, unless the traveller has expressly requested that information be provided. The costs arising from the transmission of urgent messages are borne by the customer. Travellers are therefore recommended to inform their relatives of their exact holiday address.

10. General

Sections 7.1. lit. c (formerly lit. b, Withdrawal), 7.1. lit d (formerly lit. c, No-show), and 8.1. (Price changes) listed under B are registered in the Cartel Register as a non-binding association recommendation under 1 Kt 718/91-3 and are now registered as such under 25 Kt 793/96-3.