General Terms and Conditions "Reisebüro Traivelling
The following terms and conditions are the basis of the contract (contract of agency) that customers conclude with an intermediary. THE TRAVEL AGENCY AS INTERMEDIARY - Within the framework of these general terms and conditions, Traivelling acts exclusively as an intermediary, never as an organiser!
1. Booking/Conclusion of contract
The booking can be made in writing or (remotely) verbally. Bookings made orally or by telephone will be confirmed in writing by Traivelling immediately. With regard to its own services and the services of the organiser brokered by Traivelling, reference is made to the present GENERAL TRAVEL CONDITIONS in accordance with § 6 of the regulations for the travel agency business and to any travel conditions that deviate from them. If services are arranged by foreign companies (service providers, tour operators), foreign law may also apply. The person who makes a booking for himself or herself or for third parties is thus deemed to be the client and, in the absence of a declaration to the contrary, assumes the obligations arising from the placing of the order with Traivelling (payments, withdrawal from the contract, etc.). When making a booking, Traivelling may charge a handling fee and a (minimum) deposit. The final payment as well as the reimbursement of cash expenses (telephone expenses, telex costs, etc.) are due upon delivery of the travel documents (not including personal documents) of the respective organizer or service provider to Traivelling.
2. Information and other additional services
2.1 Information on passport, visa, foreign exchange, customs and health regulations
It is assumed that a valid passport is generally required for international travel. Traivelling will inform the customer about the respective foreign passport, visa and health police entry regulations that go beyond this and, on request, about foreign exchange and customs regulations, insofar as these can be obtained in Austria. Otherwise, the customer himself is responsible for compliance with these regulations. Where possible, Traivelling will take over the procurement of any necessary visas for a fee. On request, Traivelling will, if possible, provide information on special regulations for foreigners, stateless persons and holders of dual citizenship. 2.2 Information on travel services Traivelling will present the mediated service of the tour operator or service provider to the best of its knowledge, taking into account the particularities of the respective mediated contract and the circumstances of the respective destination country or destination.
2.2 Information about travel services
Traivelling will present the mediated service of the tour operator or service provider to the best of its knowledge, taking into account the particularities of the respective mediated contract and the circumstances of the respective destination country or destination.
3. legal status and liability
The liability of Traivelling extends to
- the careful selection of the respective organiser or service provider as well as the careful evaluation of experience gained;
- the proper provision of services, including informing the customer accordingly and handing out the travel documents;
- the demonstrable forwarding of notifications, declarations of intent and payments between the customer and the brokered company and vice versa (such as changes to the agreed service and the agreed price, declarations of withdrawal, complaints).
Traivelling is not liable for the provision of the service it mediates or procures. Traivelling shall provide the customer with the travel confirmation with the company name (product name), the address of the tour operator and, if applicable, an insurer under one, unless this information is already contained in the brochure, catalogue or other detailed advertising material.
4. default in performance
For breaches of contract due to minor negligence, Traivelling is only liable to the customer up to the replacement of a direct loss arising from this and only up to the amount of the commission of the brokered transaction.
5th Appendix: Supplementary conditions of the travel agent Traivelling
The homepage of Traivelling serves only as an advertising medium. The rail travel and other services presented on it do not constitute offers. Providers in the sense of these terms and conditions are, for example, railway companies, bus companies, ferry companies or other transport companies and service providers. The general terms and conditions of the provider (including the transport conditions of the transport companies) apply in addition to the present terms and conditions of Traivelling. The general terms and conditions of the provider may contain special payment conditions, provisions on due dates, liability, cancellation, rebooking and repayment (where applicable) as well as other booking and tariff conditions. In case of doubt, we recommend that you consult with the respective provider regarding their applicable terms and conditions before making a booking.
5.1 Clarification
Traivelling is liable for the procurement of valid tickets, but not for the fulfilment of the travel opportunity by the tour operator or the contractual partners (flight, train, bus companies etc.). Traivelling only brokers the tickets, tickets and reservations selected by the client. The contractual obligations of Traivelling are fulfilled with the sending of the last tickets, tickets etc. to be purchased according to the booking confirmation. Traivelling is not obliged to pass on to the client information on any changes regarding departure and arrival times, places and times of transfer, the connections to be made there, health or entry regulations in the destination country. In general, Traivelling makes every effort to pass on new information that may be relevant to the client, but does not assume any guarantee for this. The client is obliged to contact its provider directly. Should the documents and materials provided by Traivelling show any inaccuracies, deviations or incompleteness, the client must contact Traivelling immediately in writing. Traivelling assumes no liability for the correctness of bookings that are incorrect due to incorrect information provided by the client.
5.2 Conclusion of contract
The brokerage contract is concluded between the client and the broker in the following two steps: Firstly, Traivelling sends the client information about the essential elements of the contract in writing by e-mail, this is the "offer". It contains the total price of the ticket package (all tickets including the agency fee), the service (especially route and transfers), and the date (travel duration). Secondly, the client fills in the request sequence (from typeform.com) linked by the agent in the offer e-mail. This is the "booking". Here the client agrees to the terms and conditions, the privacy policy and two-stage payment method. (The payment method is always two-stage except in exceptional cases, see below). Traivelling then mails the down payment invoice to the client. The client must transfer the invoice amount to the agent account immediately and without deduction. In any case, Traivelling only becomes active once the invoice amount has been received in the agent account. The account holder is Matthias Bohun, the account number is IBAN: EN 60 1001 1001 2623 9912 27, BIC: NTSBDEB1XXX
5.3 Client's right of withdrawal - action by Traivelling
Consumers generally have a 14-day right to withdraw from the online mediation contract - see European Consumer Rights Directive (Directive 2011/83/EU).
This Directive was implemented in Austria in June 2014 in the Act on Foreign and External Business (FAGG). In the EU Directive, however, a number of exceptions are defined which also affect us, as exceptions in this regard include tickets for train, bus and ferries.
This means that the client no longer has the right to withdraw from the contract at the latest after the amount of the down payment invoice has arrived in the trading account. So please be careful after receiving our individual offer when filling out the booking form! Also important: Traivelling only becomes active as soon as the client's money has arrived on the account! If the client does not meet his payment obligations from the down payment invoice, Traivelling reserves the right not to book or issue commissioned tickets and other travel documents, and to declare withdrawal from the contract by e-mail after a reminder with a deadline. This period is normally 14 days.
If the client does not meet his payment obligations after Traivelling has become active, Traivelling reserves the right to retain the entire agency fee. In the event of withdrawal from the brokerage contract after Traivelling has taken action, a refund of both parts of the brokerage fee (the fixed part and the variable part based on the estimated ticket costs, see below) is never possible.
So in conclusion: In the event of withdrawal from the brokerage contract after the broker has become active, if no tickets have yet been purchased by the broker, only a refund of the estimated ticket costs paid minus the variable part of the brokerage fee (15% of these estimated ticket costs) is possible. In the event of withdrawal from the brokerage contract after the broker has become active, if tickets have already been purchased by the broker on behalf of the principal, only a refund of the estimated ticket costs paid, less the 15% of these estimated ticket costs, less the costs for tickets already purchased, is possible.
5.4 Payment in two steps - down payment invoice and final invoice
We would like to have low prices for our customers! Therefore we do not calculate the highest possible ticket price, but we want to pass on the real ticket costs to our customers in the end! That's the way it works: Because the exact total price - due to the long-term nature of the booking and the volatility of ticket prices - is not yet fixed at the time of booking, Traivelling charges the client the total price in two instalments: the first invoice ("down-payment invoice") contains the preliminary estimated ticket costs and the total agency fee (the fixed portion and the variable portion of the agency fee).
The second invoice ("Final Invoice") contains the amount by which the actual (final) ticket cost differs from the estimated (preliminary) ticket cost determined in the down payment invoice.
If the ticket costs are higher in the end, the principal must pay the difference. If the real (final) ticket costs are lower than the estimated (preliminary) ticket costs, the difference will be offset against the order in the final invoice and, if necessary, transferred. This difference may be a maximum of 15% plus or 15% less than the estimated ticket costs.
The total price is therefore made up of the price of the brokered Ticket Package and the brokerage fee. The brokerage fee consists of a fixed portion (covers our fixed costs, is calculated in advance according to estimated working hours) and a variable portion (15% of the ticket package price estimated in the down payment invoice).
5.5 Payment - Procedure
Immediately after receiving the booking form and researching the booking possibilities, Traivelling will send the client the down payment invoice. This first invoice contains the estimated (preliminary) ticket costs and the total agency fee. It is to be paid without delay. As soon as Traivelling has booked the last missing ticket, it sends the client the final invoice. This contains the difference between estimated (provisional) and real (final) ticket costs. It is to be paid without delay. Insofar as Traivelling invoices transport services and receives payments, this is done in the name and for the account of the respective provider of the service. In this case, Traivelling is authorised by the provider to assert the claims out of court and, if necessary, in court.
5.6 Exception: Payment in one step with one invoice
If Traivelling estimates that the ticket costs at the time of booking are likely to remain constant over the long term, so that the price fluctuation until the last ticket is booked appears negligible, Traivelling will only send the client a single invoice. Traivelling will then indicate this in its offer. This invoice is to be paid without delay so that Traivelling can take action.
5.7 Price changes of tickets between order placement and booking
Traivelling reserves the right to make price changes after the conclusion of the brokerage contract and at the latest after the purchase of the last ticket of the brokered ticket package.
Traivelling will inform the client in the final invoice to be sent by e-mail of the difference between the previously estimated and the real ticket costs. The final total price of the ticket costs may increase or decrease by 15% of the provisional total price of the ticket costs agreed upon at the time of conclusion of the contract. A change in the final total price in relation to the provisional total price of more than 15% constitutes a justified reason for the customer to immediately withdraw from the contract without paying a compensation lump sum or cancellation fee. However, price changes are permissible in the event of changes in the following costs after conclusion of the contract, without this giving rise to a right of withdrawal: costs of passenger transport tickets, brokerage fees to third parties (agencies, private individuals), any reservation, stay, landing, embarkation or disembarkation fees in ports, as well as fees for services in ports, generally due to an increase or decrease in the prices of the brokered services, including due to changes in exchange rates in relation to the exchange rate on the day the brokerage contract is concluded.
5.8 Value added tax
Traivelling does not charge sales tax, because Traivelling is sales tax free in the sense of §6 (1) Z 27 UStG > small business regulation. You can therefore not claim input tax with Traivelling.
5.9 Purchase, provision, delivery and deposit of tickets
Unless otherwise agreed, the client will be provided with the booking receipts, tickets, e-tickets, pick-up codes, vouchers, reservation confirmations, reservations, information on the planned departure times, connections and arrival times of Traivelling at the last delivery/contact address or e-mail address provided by the client in good time before the start of the trip. Should these documents and records contain inaccuracies, deviations or incompleteness, the client must contact Traivelling in writing without delay. In order to optimize costs for the client, tickets, unless they are electronic tickets that can be delivered by e-mail, are purchased locally and, as a rule, handed over, deposited or made available for collection by Traivelling's partners. In this case, delivery by post/parcel service is only possible and reasonable in exceptional cases - these additional costs are to be paid by the client in addition to the total travel price, unless otherwise agreed at the time of booking. With regard to the tickets and other documents that are deposited for collection along the route of the journey, the client will receive all necessary information and receipts before the start of the journey. Traivelling will inform the client in a timely manner, in particular about the appropriate place for collection. As a rule, it is not possible to change the pick-up location at the request of the client. If it is, the client must pay Traivelling the additional costs incurred.
5.10 Right of withdrawal of the intermediary
Traivelling guarantees that it buys the tickets in the name of the client and on his account, depending on availability. In the event that some of the tickets provided for in the itinerary agreed at the time of booking are not available, Traivelling will attempt to arrange suitable alternative transport. These alternative transportations may have different travel times, transfers, categories of transport from the original travel plan and must be accepted by the client. Should this also be impossible, and if the client receives his or her declaration of withdrawal at the last e-mail address provided by him or her without delay, at the latest before the complete purchase of all tickets for the brokered trip, Traivelling can withdraw from the brokerage contract. If Traivelling withdraws from the brokerage contract, it will reimburse the traveller for the travel price paid to date, but the traveller is not required to pay any additional compensation.
5.11 Cancellations and changes to tickets already booked
The possibility of a cancellation or change of the Traivelling for the client booked tickets and the respective conditions for it, depend on the trading conditions of the respective offerer. The client must note that some providers do not allow the cancellation or modification of tickets booked by the client or only under certain conditions.
If the client wishes his cancellation or change requests to be processed by Traivelling, he can - insofar as this possibility is provided for by the respective provider - address these requests to Traivelling exclusively in writing by e-mail to office@traivelling.com. This request must be made in good time so that Traivelling can guarantee timely processing. However, a cancellation or change via Traivelling is excluded if it is less than 14 days before the start of the respective travel/travel service. Should the client wish to cancel or change at such short notice, he must in any case contact the respective provider directly. Traivelling reserves the right to charge a separate handling fee of 60 euros for each case of such a cancellation or change requested by the client, unless the desired cancellation or change is due to a fault of Traivelling. Processing fees for cancellations or changes of bookings that include several of these travel services are to be paid cumulatively according to the processing fees for the respective travel services. The processing fee charged by Traivelling does not include the costs (processing or cancellation fees) that may be charged by the respective travel service provider. These costs charged by the service provider must be paid to Traivelling by the client. The client himself is responsible for bringing his cancellation or change requests into line with other travel services booked by him.
5.12 Visa
Outside Europe, travellers usually need a valid visa for the respective stays. The websites of the Austrian, German and Swiss Foreign Ministries offer travellers a good overview of which visa they need for which country. Traivelling is not obliged to obtain the appropriate visas.
5.13 Liability
The Client shall comply with laws and regulations, instructions and orders of the personnel of the local transport companies, as well as commandments and prohibitions. In particular, the client must strictly follow the directives and instructions received from Traivelling, which enable the client to obtain deposited tickets, tickets etc. Traivelling will make every effort to provide the deposited tickets, etc., but cannot guarantee their provision etc. if the client disregards instructions for obtaining them in a timely manner and in accordance with the specifications, or if the absence of documents, booking confirmations transmitted by the agent, etc., makes it impossible to obtain tickets, etc. deposited by the agent. The obligation to provide all necessary proof is the sole responsibility of the customer (traveller).
5.14 Insurance
Traivelling recommends that the client himself conclude an insurance policy (travel cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, foreign travel health insurance, protection against delays, personal protection, etc.), which guarantees sufficient coverage from the date of the brokerage contract until the end of the planned trip. Traivelling does not provide insurance coverage, nor does Traivelling review the insurance coverage provided by the tour operator.
5.15 Delivery - electronic correspondence
The delivery/contact address of the client is the last known email address of the client. The client must notify Traivelling of any changes without delay. 5.16 Method of payment At the moment it is not possible to pay for your booking by credit card and therefore you may be able to benefit from travel insurance linked to the credit card. At the moment the only payment method is by bank transfer to Traivelling's account.