Terms and Conditions of the Travel Agent
Scope of Application
1.1. The travel agent facilitates travel contracts for individual travel services (such as flights, hotels, etc.), package tours (according to § 2 (2) PRG), as well as linked travel arrangements (according to § 2 (5) PRG) between the tour operator or service provider on one hand and the traveler on the other hand. The travel agent provides its services in accordance with the legal provisions, especially the Package Travel Act (PRG), as well as the Package Travel Regulation (PRV), with the care of a diligent entrepreneur.

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In the following, the term "travel agent" refers to the company Imperial Tours & Events Paul Tupy e.U., Dr. Sigmund Stransky-Straße 11/4, 2540 Bad Vöslau.

1.2. The General Terms and Conditions are deemed agreed upon if they have been transmitted or if the traveler had the opportunity to view their content before being bound by a contractual declaration. They form the basis of the service contract concluded between the travel agent and the traveler.

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1.3. The present General Terms and Conditions (see point 1.2) apply to the service contract. For contractual relationships between the traveler and the contracted tour operator, the contracted transportation companies (e.g., train, bus, airplane, and ship, etc.), and other contracted service providers, the respective general terms and conditions of those parties apply if they have been transmitted to the traveler or if the traveler had the opportunity to view their content before being bound by a contractual declaration, provided that the content of the terms and conditions is not unlawful or in violation of existing laws.

 

Responsibilities of the Travel Agent

2.1. Based on the traveler's information, the travel agent creates travel proposals for the traveler. These proposals are non-binding, therefore they do not yet constitute offers within the meaning of § 4 PRG (Package Travel Act). If travel proposals cannot be created based on the traveler's information, the travel agent informs the traveler accordingly.

The travel proposals are based on the traveler's information, which means that incorrect and/or incomplete information provided by the traveler may serve as the basis for the travel proposals due to lack of clarification by the traveler. When creating travel proposals, various parameters may be considered, such as (without claiming to be exhaustive) the price level, the expertise of the tour operator/service provider, discounts, best price principle, and other factors.

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2.2. If the traveler expresses specific interest in one of the travel proposals presented by the travel agent, the travel agent creates a travel offer based on the proposal, in accordance with the provisions of § 4 PRG, to the extent that they are relevant to the trip. The travel offer created by the travel agent binds 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 traveler is concluded when the traveler accepts the travel offer (i.e., the traveler's contractual declaration, see 1.3).

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2.3. The travel agent advises and informs the traveler based on the information provided by the traveler. The travel agent presents the package travel offered by the tour operator, or in the case of linked travel arrangements or individual travel services, the services provided by the service provider, taking into account the customary conditions of the respective destination country/destination and considering any specific characteristics associated with the trip (e.g., expedition trips), to the best of their knowledge. There is no obligation to provide information about generally known conditions (e.g., topography, climate, flora and fauna of the desired destination) unless circumstances exist depending on the nature of the trip that require separate clarification, or unless the clarification of conditions is necessary for the provision, execution, or conduct of the service to be provided. In general, it should be noted that the traveler consciously chooses a different environment, and the standards, amenities, food (especially spices), and hygiene adhere to the regional standards/criteria customary for the destination country/destination. Furthermore, the traveler has the opportunity to find detailed information about the customary conditions of the destination country/destination, particularly regarding location, place, and standard (local customs), in the catalog or on the website of the respective tour operator.

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2.4. The travel agent informs the traveler, in accordance with § 4 PRG, before the traveler is bound by a package travel contract, about:

2.4.1. The existence of a package travel through a standard information sheet, in accordance with § 4 (1) PRG. Furthermore, the standard information sheet for package travel can generally be viewed in the catalog or on the website of the respective tour operator, if available and printed or uploaded.

2.4.2. The information specified in § 4 (1) PRG, if relevant to the package travel being arranged and necessary for its execution and provision of services (e.g., no information about sightseeing is required for a pure beach vacation, unless it is part of the agreed services). Furthermore, this information can generally be viewed in the catalog or on the website of the respective tour operator, if available.

2.4.3. Whether the package travel being arranged is generally suitable for persons with reduced mobility, if this information is relevant to the specific package travel (§ 4 (1) (h) PRG). A person with reduced mobility, according to Article 2 (a) of Regulation 1107/2006 (Rights of disabled persons and persons with reduced mobility when traveling by air), is a person with a physical disability (sensory or motor, permanent or temporary) that restricts the use of components of the package travel (e.g., means of transport, accommodation) and requires adaptation of the services being arranged to the specific needs of that person.

2.4.4. General passport and visa requirements of the destination country, including approximate deadlines for obtaining visas and handling health-related formalities (§ 4 (1) (6) PRG), if this information is relevant to the specific package travel. Upon request, the travel agent provides information on currency and customs regulations. Furthermore, general information on passport and visa requirements, health-related formalities, as well as currency and customs regulations for travelers with Austrian citizenship can be obtained by selecting the desired destination country at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ - or by EU citizens from their respective representation authorities. It is assumed that it is commonly known that a valid passport (e.g., not expired, not reported as stolen or lost, etc.) is generally required for travel abroad, for which the traveler is responsible for ensuring its validity. The traveler is responsible for complying with the health-related formalities communicated to them. If a necessary visa is required, the traveler is responsible for obtaining it, unless the travel agent has agreed to arrange it on their behalf.

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2.5. The travel agent informs the traveler, before they are bound by a contractual declaration, in accordance with § 15 (1) PRG in the case of linked travel arrangements, that the traveler cannot claim rights that apply exclusively to package travel, and that each service provider is solely liable for the proper provision of their service, and that the traveler is entitled to insolvency protection under the Package Travel Directive. The travel agent fulfills this obligation to provide information in accordance with § 15 (2) PRG by providing the corresponding standard information sheet according to Annex II of the PRG, provided that the type of linked travel arrangements is covered by one of these standard information sheets.

 

2.6. Special requests of the traveler in terms of customer preferences (e.g., sea view) are generally non-binding and do not give rise to any legal entitlement, unless these requests have been confirmed by the tour operator for package travel as specified by the traveler in accordance with § 6 (2) (1) PRG, or by the service provider for linked travel arrangements or individual travel services as specified by the traveler. If a confirmation is provided, a binding commitment to provide the service exists.
The statements of the travel agent represent an assurance to forward the traveler's requests to the tour operator/specific service provider and are not legally binding commitments until they have been confirmed by the tour operator or the service provider for linked travel arrangements or individual travel services.

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Obligations to inform and cooperate of the traveler

3.1. The traveler must provide the travel agent with all personal (e.g., date of birth, nationality, etc.) and factual information (e.g., planned importation/carrying of medications, prosthetics, animals, etc.) that are necessary and relevant for the trip, in a timely, complete, and truthful manner. The traveler must inform the travel agent of any circumstances related to themselves or their fellow travelers (e.g., allergies, food intolerances, lack of travel experience, etc.), as well as any special needs of themselves or their fellow travelers, particularly the presence of limited mobility or health conditions and other limitations that may be relevant for the creation of travel proposals/offers or for the implementation of the trip and travel services (e.g., for hiking trips, etc.), if necessary by providing a complete and qualified proof (e.g., medical certificate).

 

3.2. The traveler is advised that if they have limited mobility or other limitations or special needs as mentioned in point 3.1 (e.g., the need for specific medication, regular medical treatments, etc.) that may appear to affect the execution of the trip, they should consult with a doctor before making a booking to ascertain whether they are fit to travel.

 

3.3. If any limitation of mobility or other limitations as described in 3.1 arise between the conclusion of the contract and the start of the trip, the traveler must immediately inform the travel agent, preferably in writing for evidentiary purposes, so that the travel organizer or, in the case of linked travel arrangements or individual travel services, the service provider can be appropriately informed.

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3.4. The traveler who makes a booking on behalf of themselves or others through the travel agent is considered the principal and assumes, unless otherwise agreed, the obligations under the agency agreement towards the travel agent (e.g., payment of fees, etc.), in accordance with § 7 (2) PRG.

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3.5. The traveler is obligated to verify the accuracy of all contract documents (e.g., package travel contract, booking confirmation, vouchers) provided by the travel agent regarding their information/data, as well as any deviations (typos, such as names, birth dates) or incompleteness, and immediately inform the tour operator of any inaccuracies/deviations/incompleteness for correction, preferably in writing for evidentiary purposes.

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3.6. In the event that the contracted return transportation of the traveler becomes impossible due to unavoidable and extraordinary circumstances, the tour operator shall bear the costs of necessary accommodation for a maximum of 3 nights. This does not apply to travelers with limited mobility (according to Article 2A of Regulation No. 1107/2006 on the rights of disabled persons and persons with reduced mobility when traveling by air) and their accompanying persons, pregnant travelers, unaccompanied minors, and travelers requiring special medical assistance, provided that these individuals notify the tour operator or travel agent of their special needs, which did not exist at the time of booking or were not known to them, 48 hours before the start of the trip.

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3.7. In accordance with § 11 (2) PRG, the traveler must immediately and completely report any deviation from the agreed-upon travel service, taking into account the specific circumstances, including a specific description of the deviation/deficiency, to the tour operator so that the tour operator can take action to remedy the deviation on-site, if feasible or advisable, taking into account the specific circumstances (e.g., time difference, impossibility of contact during an expedition trip, availability of an alternative or replacement/improvement option, etc.), and the potential associated effort (e.g., cleaning a replacement room, identifying an alternative hotel). If a deviation occurs during the regular business hours of the travel agent through whom the package tour was booked, the traveler must report the deviation to them. It is recommended that the traveler use written form, particularly for evidentiary purposes. Outside of regular business hours, the traveler must report any deviations to the representative of the tour operator on-site, or if such a representative is not available and/or not contractually obligated, directly to the tour operator using the emergency contact number provided in the package travel contract. Failure to report a deviation, if it could have been rectified on-site and reporting was reasonable, may affect any warranty claims by the traveler. The omission of reporting may also be considered contributory negligence (§ 1304 ABGB) with regard to claims for damages according to § 12 (2) PRG. Reporting a deviation does not imply a commitment by the tour operator to provide compensation.

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3.8. The traveler is obligated to pay the fees agreed upon within the scope of the contract in a timely and complete manner, according to the payment terms. In the event of non-payment, the traveler indemnifies the travel agent for any damages incurred (advance payments made by the travel agent).

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3.9. In the event of making claims and receiving payments for compensation or price reductions according to § 12 (5) PRG (e.g., compensation payment under Article 7 of the Passenger Rights Regulation) or receiving other payments and benefits from service providers or third parties that are to be credited towards the traveler's claims for compensation or price reductions against the tour operator (e.g., hotel payments), the traveler must fully and truthfully inform the travel agent or tour operator about this matter.

Insurance

4.1. It is generally advised that valuable items, important documents, etc., should not be brought on holiday trips. For important documents, making and using copies is recommended, to the extent that their use is permitted. Theft of valuables cannot be ruled out and is generally the responsibility of the traveler as an inherent risk of life.

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

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Package Travel Contract
5.1. The traveler shall receive a 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 traveler is entitled to a paper version. In the case of contracts concluded outside of business premises within the meaning of § 3 para. 1 FAGG, the traveler agrees to receive the copy or confirmation of the package travel contract alternatively on another durable medium (e.g., email).

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5.2. The traveler shall be provided, at the last known address/contact information provided by them, with the booking documents, vouchers, transport tickets, and admission tickets, as well as information on the planned estimated departure times and, if applicable, scheduled intermediate stops, connecting flights, and arrival times in a timely manner before the start of the package travel, unless otherwise agreed. If the aforementioned documents/materials have inaccuracies/deviations/incompleteness as described in 3.5, the traveler should contact the travel agent or tour operator (see 3.5).

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Price Changes Before the Start of the Trip
6.1. The travel agent shall inform the traveler, at the last known address provided by them, clearly, comprehensibly, and on a durable medium (e.g., paper, email), about any price changes within the meaning of § 8 PRG that the tour operator has reserved in the package travel contract, no later than 20 days before the start of the package travel, stating the reasons for the price change.

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Changes to the Services Before the Start of the Trip
7.1. The travel agent shall inform the traveler, at the last known address provided by them, clearly, comprehensibly, and on a durable medium (e.g., paper, email), about insignificant changes to the content of the package travel contract that the tour operator has reserved in the package travel contract and that it unilaterally makes in accordance with § 9 para. 1 PRG.

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7.2. Insignificant changes are, to be assessed on a case-by-case basis, minor, objectively justified changes that do not significantly alter the character and/or duration and/or content and/or quality of the booked package travel.

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7.3. Significant changes may involve a significant reduction in the quality or value of the travel services, which the tour operator is forced to make, if the changes affect essential characteristics of the travel services and/or have an impact on the package travel and/or its execution. Whether a change or reduction in the quality or value of the travel services is significant must be assessed on a case-by-case basis, taking into account the nature, duration, purpose, and price of the package travel, as well as the intensity, duration, causality of the change, and, if applicable, the culpability of the circumstances that led to the change.

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7.4. If, according to § 9 para. 2 PRG, the tour operator is compelled to make significant changes, in the aforementioned sense, to those essential characteristics of the travel services that constitute the character and purpose of the package travel (see § 4 para. 1 point 1 PRG), or if the tour operator cannot fulfill customer specifications that have been explicitly confirmed by the tour operator, or if the tour operator increases the total price of the package travel in accordance with the provisions of § 8 PRG by more than 8%, the traveler may:

- Within a reasonable period of time determined by the tour operator, agree to the proposed changes, or
- Agree to participate in an alternative trip, if offered by the tour operator, or
- Withdraw from the contract without paying any compensation.
Therefore, in the aforementioned cases, the travel agent shall inform the traveler, at the last known address provided by them, clearly, comprehensibly, and on a durable medium (e.g., paper, email), about the following points:

- The changes to the travel services and, if applicable, their impact on the price of the package travel.
- The reasonable period within which the traveler must inform the tour operator of their decision and the legal consequences of not submitting a declaration within the reasonable period.
- If applicable, the alternative package travel offered and its price.
The traveler is advised to use written form for their declaration. If the traveler does not submit a declaration within the specified period, this will be considered as consent to the changes.

Liability
8.1. The travel agent is liable for booking errors (e.g., spelling mistakes) within the scope of § 17 PRG, unless they are attributable to a mistaken or faulty or incomplete statement by the traveler or to unavoidable and extraordinary circumstances within the meaning of § 2 para. 12 PRG.

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8.2. The travel agent is not liable for property damage and financial loss incurred by the traveler in connection with the booking, if they are attributable to unavoidable and extraordinary circumstances within the meaning of § 2 para. 12 PRG.

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8.3. The travel agent is not liable for the provision of the services they have arranged or for the provision of a service that has not been arranged by them or not promised by them to the traveler, nor for additional services booked by the traveler themselves after the start of the trip. If the travel agent fails to fulfill their obligations to provide information or to provide insolvency protection within the meaning of § 15 para. 1 and 2 PRG in the mediation of linked travel services, they shall be liable according to the provisions applicable only to package travel in §§ 7 and 10, as well as in the 4th section of the PRG.

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8.4. If the travel agent mediates a package travel of a tour operator based outside the EEA, they must provide evidence that the tour operator complies with the obligations mentioned in the 4th section of the PRG (provision of agreed services, guarantee, compensation for damages, duty to provide assistance). If this is not the case, the travel agent is liable for compliance with the mentioned obligations according to § 16 PRG.

Remuneration of the Travel Agent:
The travel agent is entitled to reasonable remuneration for their services.

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9.1. If the travel agent prepares a travel offer corresponding to the traveler's specifications, the fee (consulting fee) per travel offer and per interested party is EUR 75.

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9.2. If the traveler books services (e.g., package travel, flight, or hotel) through the travel agent with the respective tour operator or service provider, the fee (service fee) per booking and per traveler is EUR 24.

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9.3. If the traveler wishes to transfer the package travel contract to another person within the meaning 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 24.

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9.4. For changes (e.g., rebooking, name change) required due to incorrect or incomplete information provided by the traveler, the travel agent is entitled to the actual and not unreasonable costs, at least EUR 75, analogously to § 7 para. 2 PRG (see 3.5.).

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Delivery - Electronic Correspondence
10.1. The address (e.g., email address) provided by the traveler to the travel agent is considered the delivery/contact address of the traveler. Any changes must be promptly communicated by the traveler. It is recommended that the traveler use written form when making such changes.