GTC

I. General Terms and Conditions for Travel Agency Services by Imst Tourismus
(GTC Agency)
Version dated 03/05/2019

Travel agent:
Imst Tourismus(hereinafter: ‘TVB’)
Managing Director: Bernd Kiechl, BA MA
Johannesplatz 4, 6460 Imst, Austria
Telephone: +43 (0) 5412 6910
Telephone: +43 (0) 5412 69108
E-mail: info@imst.at
Web: www.imst.at
VAT ID: ATU44682802

1. Scope of Application

1.1 These General Terms and Conditions (‘GTCs’) apply when using travel agency services provided by TVB, irrespective of whether they are booked using the online booking system (in writing, orally, by fax or telephone) or otherwise. These GTCs therefore determine the content of the agency contract between the guest and TVB on one hand, and the content of the travel contract between the guest and the accommodation provider on the other.

1.2 These General Terms and Conditions are not applicable if TVB only serves as an operator of package tours (the package tour contract is concluded directly between TVB and the guest). In such cases, the ‘General Terms and Conditions for Booking Packaging Tours with Imst Tourismus (GTCs Agency)’ shall be applicable. The term ‘package tours’ in these GTCs is identical to that defined in the Federal Law on package tours and associated travel services (Package Tour Act, ‘PRG’; Section 2, Para 2 of PRG).   

2. Contractual relationship between TVB and the guest

TVB enables guests to book travel services offered by third parties. In this context, TVB does not offer any travel services of its own accord. When a booking is placed, the guest and TVB enter into a (free) booking contract only. No package tours are offered, which is why the provisions of the Austrian Package Tour Act (PRG) are not applicable to this agency contract. The General Terms and Conditions for Travel (ARB 1992) are also not applicable to the agency contract.

3. Contractual relationship between the accommodation provider and the guest

3.1 Entry into force of the travel contract
When serving as a travel agent, TVB acts as an intermediary on behalf of the guest, and declarations of intent are passed on to the corresponding accommodation provider. By placing a booking, the guest extends an offer to the accommodation provider to conclude a contract. The contract is concluded on written confirmation (e.g. by e-mail) by TVB or the accommodation provider (reservation confirmation sent).

3.2 Applicable provisions
Unless otherwise agreed in the individual agreement or the present GTCs (e.g. deviating cancellation or payment conditions), the General Terms and Conditions for the Hotel Sector 2006 (AGBH 2006) are applicable to the travel contract concluded between the guest and accommodation provider. They are linked separately in the booking process and can be accessed at all times under www.imst.at/de/regionsinfo/service/agb-s.

As a result, the contractual relationship between the guest and the accommodation provider is determined by the individual agreement, the present GTCs and AGBH 2006. In the event of deviations in content, the individual agreement has priority over the other contractual components and the present GTCs have priority over AGBH 2006.

Specific stipulations by the guest shall only become part of the contract if they are stipulated during the booking process and expressly accepted by TVB or the accommodation provider.

The guest must familiarise themselves with the valid house rules of the accommodation provider and comply with them. For example, this includes regulations on bringing pets to the accommodation.

4. Payment

The prices stated in the booking offer are in euros (€), including VAT. Other costs and supplementary fees (e.g. local taxes) shall be stated separately.

The applicable payment terms and the means of payment accepted shall be stipulated individually in the offer. For detailed information on the valid provisions, see the offer and the order confirmation.

Where credit card payments are accepted, in some cases credit cards shall be authorised via TVB’s system for credit card payments. The data shall be forwarded to the accommodation provider for charging. Guests must pay any remaining amounts of the travel price, plus local taxes, to the accommodation provider itself.

5. Communication from the guest

All communication from the guest on changes or cancellation must be submitted to the accommodation provider as indicated by the order confirmation. TVB shall not accept any liability for forwarding notifications, declarations of intent etc. between the guest and the accommodation provider after conclusion of the contract.

6. Accommodation providers

6.1 Hotel classifications

Any hotel classification is based on assessment of the accommodation provider by the Professional Association for the Hotel Industry of the Austrian Chamber of Commerce.

6.2 Information on the accommodation provider

The information on accommodation providers (features etc.) provided on the booking platform is based on the accommodation provider’s own indications. TVB shall not accept liability for this information.

7. Rights of withdrawal, cancellation, early departure

7.1 Rights of withdrawal

For travel services where TVB acts as an agent, consumers have no right of withdrawal under the Austrian Act On Distance Contracts And Off-Premises Contracts (FAGG) (Section 18 Par. 1 Cl. 10 of FAGG).

The accommodation provider is entitled to withdraw in accordance with 5.1 to 5.4 of AGBH 2006.

7.2 Withdrawal by the guest - ‘Cancellation’

Subject to deviating individual agreements, the cancellation provisions of AGBH 2006 (5.5 and 5.6 of AGBH 2006) shall apply in the event of withdrawal by the guest (‘Cancellation’) for the travel contract arranged as an agent:

Up to 3 months before the guest’s agreed arrival date at the latest, the accommodation contract can be cancelled without payment of cancellation fees via a unilateral declaration by the contract partner.

Outside the period defined in the paragraph above, withdrawal via unilateral declaration of the contract partner shall only be possible subject to the following cancellation fees:

• up to 1 month before the arrival date: 40% of the entire arrangement price;
• up to 1 week before the arrival date: 70% of the entire arrangement price;
• in the last week before the arrival date: 90% of the entire arrangement price;

If the guest cancels the booking (within 3 months before arrival), the accommodation provider is entitled to withhold the advance payment for the accommodation for travel contracts for which TVB serves as an agent, and the guest shall be obliged to pay the remaining cancellation fee according to the above schedule.

Irrespective of this, individual cancellation conditions can also be stipulated. For detailed information on the valid provisions, see the offer and the order confirmation.

7.3 Early departure of the guest

If the guest departs early, the accommodation provider remains entitled to demand the entire agreed fee. However, the accommodation provider shall deduct any costs saved due to non-utilisation of the services or earned by alternative rental of the rooms ordered. Savings shall only be deemed accrued if the respective accommodation provider is fully booked in the corresponding period, and the room can be rented to other guests due to cancellation by the guest.

8. Data privacy

8.1 The guest acknowledges that when they contact TVB (inquiry, booking, stay etc), various personal data is processed. For details on this, see TVB’s Privacy Policy, which can be accessed online (https://www.imst.at/en/privacy-policy) or is available in TVB’s branches. The guest acknowledges and consents to this Privacy Policy.

9. Passport and visa conditions

Guests themselves are responsible for compliance with all passport, visa, customs and currency regulations and all health authority formalities.

10. Insurance

10.1 TVB itself does not offer any travel insurance. It is recommended that guests conclude insurance policies for cancellation costs, travel liability, health and accidents.

11. Final provisions

11.1 This agency contract and all resulting disputes are subject to material Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall not affect the protection offered by mandatory legal provisions of the state in which a consumer has their habitual abode.

11.2 Outside the scope of application of the European Legal Venue and Enforcement Regulation Act and the Austrian Consumer Protection Act, the Austrian court technically and regionally responsible for the domicile of TVB shall have exclusive jurisdiction.

11.3 The place of performance for all services provided by TVB and its vicarious agents is A-6460 Imst.

11.4 If no agreement can be reached with a consumer in a dispute, we shall announce the Arbitration Centre for Consumer Transactions (http://verbraucherschlichtung.or.at/) as the competent, state-approved arbitration body in accordance with the Alternative Dispute Resolution Act (AStG). The European Commission also provides an online conflict resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr. However, TVB fundamentally refuses to participate in out-of-court conflict resolution proceedings. Moreover, no internal complaints procedures shall be applicable. If you have suggestions or complaints, please contact info@imst.at.

11.5 Agreements deviating from or supplementing these GTCs must be made in writing for validity. The same shall be true for a waiver of the written form requirement.

11.6 All communication and contract conclusion (contractual language) shall be made exclusively in German. These GTCs can be amended or rewritten at any time. The GTCs shall the be valid from the day after their publication on the website https://www.imst.at.

11.7 Should one or individual provisions of these GTCs or contractual relationships governed by the GTCs be or become invalid, the validity of the remaining agreement shall not be affected. The contractual partners undertake to replace the invalid provision(s) with a provision or provisions as close as possible to the economic outcome of the original provision(s).

II. General Terms and Conditions for Booking Package Tours with Imst Tourismus
(GTCs Operator)
Version dated 21/12/2018

Package Tour Operator:
Imst Tourismus(hereinafter: ‘TVB’)
Managing Director: Bernd Kiechl, BA MA
Johannesplatz 4, 6460 Imst, Austria
Telephone: +43 (0) 5412 6910
Telephone: +43 (0) 5412 69108
E-mail: info@imst.at
Web: www.imst.at
VAT ID: ATU44682802
GISA number: 21405587

1. Scope of Application

1. These General Terms and Conditions (‘GTCs’) apply when booking ‘package tours’ with Imst Tourismus, irrespective of whether they are booked using the online booking system or otherwise (in writing, orally, by fax or telephone).
2. The term ‘package tours’ in these GTCs is identical to that defined in the Federal Law on package tours and associated travel services (Package Tour Act, ‘PRG’; Section 2, Para 2 of PRG).
3. The General Terms and Conditions are not applicable if TVB only serves as an agent for the travel services (i.e. the travel contract is concluded directly between the accommodation provider and the guest). In such cases, the ‘General Terms and Conditions for Travel Agency Services by Imst Tourismus (GTCs Agency)’ shall be applicable.

2. Contractual relationship between Imst Tourismus and the guest

1. For package tours provided by TVB as an operator, the guest books directly with TVB.
2. By placing a booking, the guest extends an offer to TVB to conclude a contract. The contract is concluded on written confirmation (e.g. by e-mail) by TVB.
3. The travel contract between TVB and the guest is governed by the individual agreement in the booking process and the present GTCs. The subject of the contract is the provision of travel services by TVB, whereby the latter also uses the services of vicarious agents.
4. The General Terms and Conditions for Travel (ARB 1992) recommended by the Travel Agencies Association in conjunction with the Travel Agency Board of the Consumer Policy Council shall not be applicable as they have not been adapted to the current legal situation.
5. Specific stipulations by the guest shall only become part of the contract if they are stated during the booking process and expressly accepted by TVB.
6. In accordance with Section 9 Para 1 of PRG, TVB is entitled to make ‘non-material’ amendments to the contract. The guest shall be informed of such amendments accordingly. Moreover, TVB is also entitled to propose contractual amendments to the guest per Section 9 Para 2 of PRG; if the guest does not consent to these contractual amendments, and if they are not willing to accept any alternative offer made, the guest shall only be entitled to withdraw from the contract without compensation.
7. The guest must familiarise themselves with the valid house rules of the accommodation provider and comply with them. For example, this includes regulations on bringing pets to the accommodation.

3. Provision of travel services and representatives on-site

1. To provide the contractually agreed travel services, various vicarious agents are contracted. In spite of this, as tour operator, TVB is responsible for proper provision of all travel services included in the package tour contract.
2. If a guest gets into difficulties during the tour, TVB is obliged and willing to provide appropriate assistance without delay. In particular, it can do so by providing suitable information on health services, local authorities and consular assistance, as well as support in establishing long-distance communications and finding alternative travel arrangements. TVB can request reasonable compensation for its assistance, if the guest’s difficulties are intentionally or negligently self-inflicted. This compensation must not exceed the costs actually incurred.
3. If the guest is in difficulties or wishes to complain about a contract violation, they can contact the TVB closest to the travel destination directly. See the very top of this document for the contact data of the TV.

4. Prices, payment terms and methods of payment

1. The prices stated in the booking offer are in euros (€), including VAT. Other costs and supplementary fees shall be stated separately.
2. On conclusion of the contract, but no later than 11 months before the agreed end of the tour, the customer shall make an advance payment to TVB of 10%. The entire remaining cost of the tour shall be paid by the customer parri passu in return for provision of the travel documents 20 days before the start of the tour.
3. Payment can be made by credit card (MasterCard, VISA), Paypal or via advance credit transfer to TVB bank account specified in the booking process.

5. Warranty, compensation for damages

1. Should TVB fail to provide the contractually agreed travel services, should the services it provides be defective, or should the guest suffer damages, the rights to which the guests are entitled shall be governed by the legal provisions, in particular Sections 11 f of PRG.
2. Contractual violations perceived by the guest during provision of the travel services agreed in the travel contract must be reported to TVB without delay taking the respective circumstances into consideration. The contact data for TVB can be found at the very top of this document. If notice of defects is not given (in time), this can be attributed to the guest as contributory negligence.
3. Except in cases of intent and gross negligence, TVB shall not be liable for damages to items which are not normally taken along when traveling. This shall not apply if TVB has taken these items specifically for safekeeping. Accordingly, it is recommended that guests do not take any particularly valuable items with them, and that they store any such items appropriately.
4. The guest shall be liable to TVB or the accommodation provider for any damages they or other people who accept services of TVB or accommodation provider with the awareness and volition of the guest, culpably cause.

6. Rights of withdrawal

1. Before starting the tour, the guest is entitled to withdraw from the travel contract without stating reasons. Unless Section 9 Para 2 of PRG (withdrawal from the contract for package tours without compensation) is applicable, the guest must pay the following lump-sum compensation depending on when the withdrawal is received by TVB:

• until the 60th day before the start of the journey: 10% of the total price of the package tour;
• from the 59th day to the 30th day before the start of the journey: 50% of the total price of the package tour;
• from the 29th day to the 8th day before the start of the journey: 70% of the total price of the package tour;
• from the 7th day before the start of the journey: 90% of the total price of the package tour.

until the 60th day before the start of the journey 10%

59th - 30th day before the start of the journey 50%

29th - 8th day before the start of the journey 70%

from the 7th day before the start of the journey 85%

2. If the guest fails to show for the tour (no show) without informing TVB in time in advance (at least 3 days before the start of the tour in accordance with the contract), a lump-sum compensation of 95% of the price of the accommodation service shall be payable.

3. For package tours operated by TVB, there is no right of withdrawal per FAGG (Sect 1 Para 2 No 8, Sect 18 Para 1 No 10 of FAGG).

4. If the guest departs early, TVB remains entitled to demand the entire agreed fee. However TVB shall deduct any costs saved due to non-utilisation of the services or earned by alternative rental of the rooms ordered. Savings shall only be deemed accrued if the respective accommodation company is fully booked in the corresponding period, and the room can be rented to other guests due to cancellation by the guest. The guest shall bear the burden of proof for the savings.

5. Where the booking documents stipulate a minimum number of participants, TVB reserves the right to cancel the tour up to 7 days (for tours of up to six days) or 20 days (for tours of seven days or more) before the start of the travel service if the minimum number of participants is not reached.

6. If TVB is prevented from fulfilling the contract due to the inevitable and extraordinary circumstances, it can withdraw from the contract without compensation in accordance with Section 10 Para 3 No 2 of PRG.

7. Transfer of the package tour contract

1. In accordance with Sect 7 Para 1 of PRG, the guest is entitled to transfer the package tour contract to another person who fulfills all contractual conditions. TVB must be informed of the transfer of the contract with appropriate notice before the start of the tour on a permanent data medium. In the event of a transfer, the transferring party, and the person to whom the contract is transferred shall be liable as joint and several debtors for the outstanding amount, as well as additional fees, charges and other costs incurred for the transfer.

8. Early termination of the package tour contract

1. TVB is entitled to cancel the package tour contract with immediate effect if the guest makes significantly detrimental use of the rooms provided, or their inconsiderate, offensive or otherwise grossly rude behaviour spoils the stay for the other guests or the owner, or if the guest falls ill with a contagious disease. If this is the case, the guest is not entitled to demand compensation for services from the original package tour control that are no longer consumed.

9. Data privacy

1. The guest acknowledges that when they contact TVB (inquiry, booking, stay etc), various personal data is processed. For details on this, see TVB’s Privacy Policy, which can be accessed online (https://www.imst.at/de/regionsinfo/service/impressum) or is available in TVB’s branches. The guest acknowledges and consents to this Privacy Policy.

10. Passport and visa conditions

1. Citizens of EU states, EEA states and Switzerland do not require a visa to enter the Republic of Austria (however, travel identity documents are required). All other nationalities require visas when entering the Schengen area or the federal territory of Austria. For non-working visits (i.e. without professional activities) of up to 90 days per 180-day period, these persons therefore require a Schengen visa. Citizens of certain countries are exempt from these visa requirements. For further information on the specific passport and visa requirements and the necessary health authority formalities, refer among others to the Federal Ministry for Europe, Integration and Foreign Affairs (https://www.bmeia.gv.at/). According to the information currently accessible there, visa applications should be made no earlier than 3 months before the start of the travel service and no later than 3 weeks before the start of the travel service.
2. Guests themselves are responsible for compliance with all passport, visa, customs and currency regulations and all health authority formalities.

11. Insolvency protection

1. TVB is protected from insolvency via a bank guaranty provided by Sparkasse Imst AG. Claims by guests shall be assessed and processed in accordance with PRV and the processing agreement by Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, +43 (0) 1 317 25 00. The guest must contact the processor within 8 weeks if services are refused due to insolvency of TVB. Details on the authorisation of TVB to provide travel services can be accessed at https://www.gisa.gv.at/abfrage under the GISA number 21405587.

12. Insurance

1. TVB itself does not offer any travel insurance. It is recommended that guests conclude insurance policies for cancellation costs, travel liability, health and accidents.

13. Choice of law, court of jurisdiction, dispute resolution

1. This contractual relationship is exclusively subject to Austrian law with the exception of the international conflict of law rules.
2. Outside the scope of application of the European Legal Venue and Enforcement Regulation Act and the Austrian Consumer Protection Act, the Austrian court technically and regionally responsible for the domicile of TVB shall have exclusive jurisdiction.
3. The place of performance for all services provided by TVB and its vicarious agents is A-6460 Imst.
4. If no agreement can be reached with a consumer in a dispute, we shall announce the Arbitration Centre for Consumer Transactions (http://verbraucherschlichtung.or.at/) as the competent, state-approved arbitration body in accordance with the Alternative Dispute Resolution Act (AStG). The European Commission also provides an online conflict resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr. However, TVB fundamentally refuses to participate in out-of-court conflict resolution proceedings. Moreover, no internal complaints procedures shall be applicable. If you have suggestions or complaints, please contact info@imst.at.

14. Final provisions

1. Agreements deviating from or supplementing these GTCs must be made in writing for validity. The same shall be true for a waiver of the written form requirement.
2. These GTCs can be amended or rewritten at any time. The GTCs shall the be valid from the day after their publication on the website www.imst.at.
3. Should one or individual provisions of these GTCs or contractual relationships governed by the GTCs be or become invalid, the validity of the remaining agreement shall not be affected. The contractual partners undertake to replace the invalid provision(s) with a provision or provisions as close as possible to the economic outcome of the original provision(s).

III. GTCS FOR THE HOTEL INDUSTRY 2006
The General Terms and Conditions for the Hotel Industry provide the contract contents based on which Austrian accommodation providers generally conclude accommodation contracts with their guests -PDF file:
- ENGLISH
- ENGLISCH