AGB
General Terms and Conditions (GTC) The GTC apply to all services provided by [Tourmanagement Austria]. The GTC are an integral part of the contract concluded between [Tourmanagement Austria] and the customer. By placing an order, the customer acknowledges and explicitly accepts these GTC as part of the contract. Any changes or supplementary agreements to these GTC require written form and only apply to the respective business case. All terms used in these conditions apply to persons of both sexes.
II. Liability If the contracting party is a consumer, the liability of the entrepreneur for slight negligence, except for personal injury, is excluded. If the contracting party is an entrepreneur, the liability of the entrepreneur for slight and gross negligence is excluded. The [entrepreneur insert] also assumes no liability for the loss of personal belongings of customers during transportation. The customer is liable to the entrepreneur for any damage caused (including loss of earnings). In particular, the customer is obliged to reimburse all costs incurred by the entrepreneur due to contamination caused by the customer. Information on waiting or arrival times is non-binding. No liability is assumed for any delays caused by the entrepreneur.
III. Payment Terms The customer must pay the agreed amount before the start of the journey immediately after the transportation has been carried out, unless otherwise agreed. Even in the case of the customer's unintentional default of payment, the entrepreneur is entitled to charge default interest at a rate of 4% above the base rate annually. The entrepreneur is entitled to conclude the contract on the condition that the customer makes a deposit or pays the entire fare, provided that the entrepreneur has informed the customer of the required payment before the conclusion of the contract. The entrepreneur is not obliged to accept foreign currencies.
IV. Set-Off The customer waives the possibility of set-off. Only customers who are consumers and whose counterclaims are in a legal context with the claim, whose recognition by the entrepreneur is available, or whose claims have been legally established, are entitled to set-off.
V. Cancellation of the Contract; Cancellation Fee If a transport order agreed upon by the customer is cancelled, the entrepreneur must be reimbursed for the costs already incurred, at least 20% from the 5th working day before the ordered date, and 40% from the 3rd working day before the ordered date, of the agreed or resulting fee from the order as a cancellation fee. If the cancellation is made on the day of the ordered date, the cancellation fee is 60% of the fee. If the customer does not appear at the agreed pick-up location at the agreed pick-up time and no timely cancellation has been made by the customer, the entire agreed price of the transportation becomes due after 15 minutes have passed. In addition, the customer is obliged to reimburse all expenses and, in the event of the customer's fault, all damages incurred by the cancellation. If a deposit has been agreed upon and this is not paid by the agreed due date, the entrepreneur can withdraw from the contract without further notice.
VI. Force Majeure If performance of the contract becomes impossible due to force majeure, the entrepreneur can dissolve the contract without observing a notice period. Any claims for damages or the like by the customer are excluded.
VII. Place of Performance, Jurisdiction, and Choice of Law This contract is subject to Austrian formal and substantive law, with the exclusion of the rules of international private law and the UN Sales Convention. The exclusive jurisdiction of the court responsible for the entrepreneur's location is agreed for disputes arising from the contract. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and has his/her residence in Austria, the jurisdiction of the court responsible
