The following General Terms and Conditions also apply to all registrations or bookings made via the online platform. By marking the field General Terms and Conditions for a registration/booking, you accept the General Terms and Conditions of H2 CANDO GmbH.
Contract conditions of H2 CANDO GmbH (hereinafter referred to as H2). Status: July 2019.
Our following contractual conditions apply to all contracts concluded by H2 with our customers as an agent and/or organizer. Terms and conditions of our customers which deviate from our terms and conditions cannot be accepted by us. Our contractual conditions are also the basis for all future contracts between us and the customer.
A.1 Conclusion of contract
All our offers, in particular also on our homepage, are subject to change without notice. The traveler’s order/booking is a binding offer. We are free to either accept or reject offers within 14 days of receipt. The acceptance takes place after our choice by sending a travel or meeting confirmation by post office, telefax or E-Mail. If a travel or event confirmation is not sent, this shall be deemed a rejection of the offer. The person who makes a booking for himself or for third parties or makes an offer shall be deemed to be the client and customer upon acceptance by us and shall assume the obligations arising from the placing of the order towards H2 (payments, withdrawal from the contract, etc.).
A.2 Prices, due date
In principle, the price agreed for the services ordered shall be that which results from our homepage, brochures or other documentation. These prices include value added tax, taxes, fees, etc., if any. After receipt of the booking confirmation a deposit of 20% of the travel price is due. Residual payments may be received at the earliest 21 days before departure and only train by train against handing over of the travel documents to the traveller. In the event of default in payment, the statutory default interest shall be payable.
A.3 Ban on offsetting
The possibility of offsetting open claims of the customer against the price claim of H2 is expressly excluded, unless mandatory statutory provisions prevent this.
A.4 Consumer protection and special right of withdrawal
The provisions of the Consumer Protection Act apply exclusively to our customers who are consumers within the meaning of the Consumer Protection Act (hereinafter referred to as “KSchG”). In particular, consumers are entitled pursuant to §3 KSchG to withdraw from contracts concluded with us by way of distance selling, subject to a period of fourteen working days, unless one of the exceptions pursuant to §5f KSchG applies. Saturdays do not count as working days. It is sufficient if the declaration of withdrawal is sent within the period. The withdrawal period begins on the day the contract is concluded. However, the right of withdrawal does not exist if the performance of the service is already commenced within the withdrawal period as agreed.
A.5 Miscellaneous, choice of law and place of jurisdiction
The contract language is German. Subsidiary agreements, supplements and amendments to the contract must be made in writing. Should any provision of this contract or any part thereof be or become invalid, the validity of the remainder of the contract shall not be affected. The contracting parties undertake to replace the ineffective provision with one that most closely corresponds to the purpose of the contract in economic terms. All contracts concluded between H2 and the customer are subject to Austrian law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. For any disputes between the parties, the competent court for 8130 Frohnleiten, Austria shall have exclusive jurisdiction, provided that there is no other compulsory court of jurisdiction, in particular for consumers. Place of performance is 8130 Frohnleiten, Austria.
A.6 Data protection
When you make a booking, we collect personal data necessary for the fulfilment and execution of the travel contract. This data is stored electronically by us, processed and – if necessary for the purpose of the contract – transmitted to third parties, e.g. service providers such as hotels and airlines.
We follow the legal provisions of the DSG i.d.gF, which are referred to separately.
B. H2 AS INTERMEDIARY
As an intermediary, H2 undertakes to endeavour to procure a claim for the services of others (organisers, transport companies, hoteliers, etc.). Unless otherwise specified below, the conditions under A. General B.1. Booking/Conclusion of Contract apply.
At the time of booking, H2 may charge a handling fee and a deposit at the statutory rate. The remaining payment as well as the reimbursement of cash expenses (telephone expenses, telex costs etc.) are due when H2 hands over the travel or event documents (this does not include personal documents) of the respective organiser or service provider (at the earliest 3 weeks before departure). Insofar as services of foreign entrepreneurs are brokered, foreign law may also apply.
B.2 Information and other ancillary services
B.2.1. information on passport, visa, currency, customs and health regulations
The customer confirms that he/she is aware that a valid passport is generally required for travel abroad and that he/she is responsible for the validity of the travel documents at the time of travel. H2 has to inform the customer about the respective additional foreign passport, visa and health-policy entry regulations as well as on request about foreign exchange and customs regulations in the respective journey of customary and generally necessary extent, as far as these can be found out in Austria and the obtaining of this information is reasonable for H2. The customer himself is responsible for compliance with these regulations. By separate agreement with the customer, H2 will procure any necessary visa for a fee. On request, H2 will provide information on special regulations for foreigners, stateless persons and holders of dual citizenships, insofar as these can be obtained in Austria and the collection of this information is reasonable for H2.
B.2.2 Information on travel service, legal status and liability
H2 is obliged to present the service of the tour operator or service provider to be brokered to the best of its knowledge, taking into account the particularities of the contract brokered in each case and the circumstances of the respective destination country or place. However, our liability extends exclusively to the careful selection of the respective organiser or service provider as well as the careful evaluation of experience gained; the flawless provision of services including corresponding information to the customer and delivery of travel or event documents; the forwarding of advertisements, declarations of intent and payments between the customer and the brokered company and vice versa (e.g. changes to the agreed service and price, declarations of withdrawal, complaints). In particular, H2 shall not be liable for the provision of the mediated or procured service. With the travel or event confirmation, H2 shall inform the customer of the company name (product name), the address of the organizer and, if applicable, of an insurer, provided that this information is not already available from the homepage, brochure, catalogue or other detailed advertising material. If we fail to do so, H2 shall be liable to the customer as organizer or service provider.
B.3. service disruptions, compensation for damages
The customer is obliged to inform H2 immediately of defects and/or damage in writing and describing the defect / damage. Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. The existence of gross negligence must be proven by the injured party; this does not apply to consumers as defined by the Consumer Protection Act. In the event of claims for damages, H2 is obliged to compensate the customer up to the amount of the commission of the brokered transaction.
C. H2 AS ORGANIZER
As an organiser, H2 is a contractual partner who either offers several tourist services at a package price (package tour/tour event) or promises to provide individual tourist or other services as his own services and concludes a corresponding contract with the customer either directly or using an intermediary. In the case of a direct contract, the organiser shall meet the obligations of the intermediary analogously. If H2 acts as an organiser, H2 can also act as an agent if external services are brokered (e.g. optional excursion at the holiday resort), provided that this agent function is referred to. In this case, the special conditions of the brokered tour operators, the brokered transport companies (e.g. train, bus, plane and ship) and/or the other brokered service providers take precedence. Unless otherwise specified below, the conditions under A. General shall apply.
C.1. change in the person of the participant
A change in the person of the participant can only be requested by the customer in accordance with the following points C.1.1. or C.1.2 and only if the substitute person fulfils all conditions for participation in the trip or event. The Organizer must be notified of the change either directly or via the intermediary within a reasonable period before the departure or event date. The organizer may give notice of a specific deadline in advance. In any case, H2 has the right, within one week of receipt of the corresponding declaration by the customer, to reject the bill without giving reasons. In this case, the contract with the customer shall remain fully valid.
C.1.1 Assignment of the claim to performance
The customer’s obligations under the contract shall remain unaffected if he assigns all or individual claims under this contract to a third party with H2’s consent. In this case, the Customer shall bear the resulting additional costs.
C.1.2 Transfer of the event
The customer may transfer the entire contractual relationship to another person with the consent of H2. The transferor and the acquirer shall be liable for the outstanding remuneration and, if applicable, for the additional costs incurred as a result of the transfer.
C.2 Health of the Participating Customer
In the case of trips with special risks (e.g. expedition character, sports trips) or trips with an emphasis on physical activity or outdoor activities, the organiser shall not be liable for the consequences arising in the course of the occurrence of the risks if this occurs outside his area of responsibility. In general, the customer declares that he is aware of the particular health requirements of the respective trip or event and that he is solely liable for ensuring that his state of health permits participation in the agreed service. In case of doubt, a medical certificate must be provided to H2 upon request. H2 shall in no case be liable for any damages. The Organiser’s obligation to carefully prepare the trip or event and to carefully select the persons and companies commissioned to provide the individual services remains unaffected.
C.3 Legal basis in the event of default in performance
The customer has a warranty claim in the event of non-performance or defective performance. The customer agrees that the organizer will provide him with a defect-free service or improve the deficient service within a reasonable period of time instead of his claim to rescission or price reduction. Remedial action can be taken in such a way that the defect is remedied or an equivalent or higher-value replacement service is provided, which is also expressly approved by the customer.
C.3.2 Notification of defects
The customer must immediately inform a local representative of the organiser of any defect in the fulfilment of the contract which he discovers during the trip or event. The omission of this notification does not change the warranty claims of the customer described under C.3.1., but can be credited to the customer as contributory negligence and thus reduce his possible claims for damages. In the absence of a local representative, it may be advisable to either inform the respective service provider (e.g. hotel, airline) or directly the Organiser of any defects and demand remedy.
C.3.3 Compensation for damages
Insofar as H2 is liable for persons other than its employees, H2 shall not be liable – except in cases of personal injury – if H2 proves that they acted intentionally or grossly negligently. Within our legal duty of safe custody, H2 shall not be liable for objects of customers which are not usually taken along – except H2 has taken this into custody with knowledge of the circumstances – or for objects which are not properly kept by the customer, except in the case of intent and gross negligence.
C.4 Withdrawal from the contract
C.4.1 Cancellation by the customer before the start of the journey or the start of the event
a) Withdrawal without payment of compensation: Apart from the legally granted rights of withdrawal or the consumer’s special right of withdrawal in accordance with point A.4, the customer may withdraw from the contract prior to the commencement of performance if essential elements of the contract are substantially changed. In any case, the frustration of the agreed purpose or character of the event, as well as an increase of the agreed price by more than 8 percent in accordance with Section 5.1, shall constitute a material and substantial change to the contract. The Tour Operator is obliged to declare the contract change to the Customer either directly or through the intermediary travel agency without delay and to inform the Customer of the existing option of either accepting the contract change or withdrawing from the contract; the Customer is entitled to withdraw from the contract in writing within one week of receipt of the notification, otherwise it will expire. If the organizer is to blame for the occurrence of the event entitling the customer to withdraw, the organizer is obliged to pay compensation to the customer.
b) Claim for compensation: The customer may, if he does not make use of the cancellation options according to lit. a or in the event of cancellation by the tour operator through no fault of the customer, instead of rescinding the contract, demand fulfilment of the contract by participating in another equivalent tour event, provided that the tour operator is in a position to provide this service.
c) Withdrawal with compensation payment: The customer is entitled to withdraw from the contract against payment of a compensation payment, provided that a) it is not a case mentioned under letter a or b) it is a travel or event contract, the total price of which exceeds EUR 100. The compensation payment shall be in proportion to the price. The total price of the contractually agreed service is to be understood as the travel, package or event price. Unless otherwise stated in the booking documents, the following compensation payment shall apply: up to 30 days before the start of the tour/event: 10% of the total price / from 29th to 20th day: 25% / from 19th to 10th day: 50% / from 9th to 4th day: 65% / from 3rd day: 85%. The customer can inform the organizer at any time by registered letter or personally with simultaneous written declaration that he withdraws from the contract according to the present provision.
d) No-show: No-show occurs when the customer fails to depart because he/she lacks the will to travel or fails to depart due to negligence or chance. If it is made clear that the customer cannot or does not want to make use of the remaining travel service, he must pay 100 per cent of the travel price.
C.4.2 Cancellation by the Tour Operator before the start of the tour
a) The Organiser shall be released from the performance of the contract if a minimum number of participants specified in the invitation to tender is not reached from the outset and the Customer has been notified in writing of the cancellation within the periods specified in the description of the event or within the following periods: – up to the 20th day before the start of the trip or event for trips/events of more than 6 days, – up to the 7th day before the start of the trip or event for trips/events of 2 to 6 days, – up to 48 hours before the start of the trip or event for one-day trips/events. If the organizer is at fault for not reaching the minimum number of participants beyond slight negligence, the customer can claim damages. Otherwise, the customer shall have no claims against H2 arising from this provision.
b) H2 may cancel the trip or event due to the prevention of force majeure, i.e. due to unusual and unforeseeable events over which the person invoking force majeure has no influence and the consequences of which could not have been avoided despite exercising due care. However, this does not include overbooking, but does include state orders, strikes, war or warlike conditions, acts of terrorism, epidemics, natural disasters, etc.
c) In cases a) and b) the customer can assert his right according to C.4.1.b or he will receive back the amount already paid until cancellation.
C.4.3 Cancellation by the Organiser after commencement of the journey
The organiser shall be released from the performance of the contract if the customer or participant, within the framework of a trip or event, disturbs the performance of the same through grossly improper conduct, notwithstanding a warning, or endangers himself and/or third parties through his conduct. In this case, the customer and/or participant is obligated to compensate the organizer for any damages incurred, provided he is at fault.
C.5 Changes to the contract
C.5.1 Price changes
The organizer reserves the right to increase the price confirmed with the booking for reasons that do not depend on his will, if the date is more than two months after the conclusion of the contract. Such reasons are exclusively changes in transport costs, such as fuel costs, charges for certain services, such as landing fees, embarkation or disembarkation fees in ports and corresponding charges at airports, or the exchange rates applicable to the event in question. Price increases can only be made within the two-month period if the reasons for them were negotiated in detail when the booking was made and noted on the booking slip. From the 20th day before the date there will be no price change. A price change is only permissible if the agreed prerequisites are met and the exact details for calculating the new price are provided. Price changes and their circumstances are to be explained to the customer immediately. If the price is changed by more than 8 percent, the customer may withdraw from the contract without compensation (see point C.4.1.b).
C.5.2 Changes in services after commencement of the trip or the start of the event.
In the case of changes for which the Organizer is responsible, the provisions set out in C.3 (Legal basis for service disruptions) shall apply. – If, after departure or commencement of the event, a substantial part of the contractually agreed services is not provided or cannot be provided, the Organiser shall take appropriate precautions at no additional charge to ensure that the event can continue. If such precautions cannot be taken or if they are not accepted by the customer for valid reasons, the organizer shall, if necessary, provide an equivalent means of transporting the customer to the place of departure or to another place agreed with the customer without additional payment. Furthermore, in the event of non-fulfilment or defective fulfilment of the contract, the organiser is obliged to assist the customer to the best of his ability in overcoming difficulties.
C.6. provision of information to third parties
Information about the names of the participants and the whereabouts of travellers will not be given to third parties, even in urgent cases, unless the participant has expressly requested such information. The costs arising from the transmission of urgent messages shall be borne by the customer. It is therefore recommended that participants provide their relatives with the exact address.
C.7 Copyright Consent
With the conclusion of the contract, the customer declares his agreement as defined by § 78Abs1UrhG (German Copyright Act) that portraits made in the course of a trip or event may be stored by H2 and used in the course of business by his person, provided that this does not impair the dignity of the customer. In particular, the Customer consents to the depiction on the homepage, in brochures, advertising material and the like.
H2 CANDO GmbH, as Austrian tour operator, has fully implemented the legal provisions of §PRG and §PRV and is registered as such in the Gewerbeinformationssystem Austria (GISA) under the GISA number 31079273. The travel insolvency insurance in accordance with the Package Travel Ordinance is in place.
Amount of cover: unlimited. Expiry date: unlimited. The insurer is: HDI Global SE, HDI Platz 1, 30659 Hannover. Possible claims are to be addressed to: TVA-Tourismusversicherungsagentur GmbH (liquidator), Baumannstrasse 9, 1030 Vienna. Emergency number: +43 1 361 90 77 44.