GENERAL TERMS AND CONDITIONS
Jointly discussed in the Consumer Policy Advisory Council of the Austrian Federal Minister for Health, Sports and Consumer Protection in accordance with Section 73 (1) GewO [Austrian Trade Code] 1994 and Section 8 of the regulation issued by the Austrian Federal Minister for Economic Affairs [1994 version] concerning the Ausübungsvorschriften für das Reisebürogewerbe [Provisions on Exercise of the Functions of the Travel Agency Industry] (now Section 6, according to BGBl. [Austrian Federal Law Gazette] II No. 401/98).
The travel agency may act as an agent (Section A) and/or as a tour operator (Section B).
An agent is obliged to endeavour to arrange services of other parties (tour operators, transport companies, hoteliers etc.).
A tour operator is a company that either offers various tourist services for a package price (package tour/organised tour) or promises to provide individual tourist services itself and, to this end, generally makes available its own brochures, advertisements etc. A company acting as a tour operator may also act as an agent in cases where third-party services are arranged (e.g. an optional excursion at the holiday resort), provided that it points out this agent function. The following terms and conditions constitute the contractual text that travel agencies acting either as an agent (Section A) or as a tour operator (Section B) usually use to conclude contracts with their customers/tour participants (note: as defined by the KSchG [Austrian Consumer Protection Act]).
Any special terms and conditions
- of the tour operators whose services are arranged by the travel agency,
- of the transport companies (e.g. rail, bus, plane and ship) whose services are arranged by the travel agency, and
- of other service providers whose services are arranged by the travel agency
shall take precedence.