General Terms and Conditions for Business with Travel Agencies
TravelLab Solutions GmbH
1. Preamble and definitions
TravelLab Solutions GmbH, Schüttelstraße 101/17, 1020 Vienna, Austria, hereinafter referred to as “Contractor”, specializes in the customized administration of travel events for groups.
The Customers are usually travel agencies, i.e. businesses within the meaning of § 1 (1) Z 1 KSchG, hereinafter referred to as “Customer”.
The travel agencies in turn offer their services to their Customers, hereinafter “end customers”.
For the purpose of better readability, no gender-specific differentiation is made. This is done without the intention of discrimination.
2 . Scope and delimitation
All business relations between the Contractor and the Customer are subject to these General Terms and Conditions of Business (hereinafter referred to as “GTC”) in the version applicable at the time of the conclusion of the transaction. These GTC supersede those of the Customer.
For the avoidance of doubt, it is stated that the Contractor has no contractual relationship with the end Customer. The Contractor shall not be liable for any disruptions in the relationship between the Customer and its end customers.
3. Offer and conclusion of the contract
These terms and conditions form an integral part of the offer which the Contractor makes to the Customer. With the acceptance of the offer, these GTC are considered as agreed.
4. Payment modalities
Services must be paid for in advance unless otherwise agreed. The Contractor is entitled to withhold his performance as long as the Customer has not fulfilled his performance obligations. The Contractor shall not be liable for damages resulting from the fact that the Customer has not fulfilled its payment obligations.
The quoted prices are in EUR.
In case of doubt, the sales tax is not yet included. The amounts stated at the time of ordering shall apply in each case.
Cost estimates of the Contractor are without guarantee in case of doubt (§ 1170a Abs 2 ABGB „Austrian Civil Code“).
Payment shall be made by bank transfer to the account indicated by the Contractor. Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between the Contractor and the Customer.
The Contractor’s claims become due upon presentation of the invoice. If the receivables are not paid within seven days, the Contractor will demand 9.2% above the respective prime rate per year of statutory default interest from the due date in accordance with § 456 UGB („Austrian Commercial Code“). In the event of default, the Customer undertakes to reimburse the Contractor for the reminder and collection expenses incurred by the Contractor, insofar as they are necessary for appropriate legal prosecution.
5. Right to cancellate
If the Customer does not want to or cannot take up an already agreed order, he can cancel the order under the following conditions:
In order to make use of his right of cancellation, a reasoned written notification must be sent before the agreed start of the trip:
TravelLab Solutions GmbH
Schüttelstraße 101/17, 1020 Wien, Austria
Telephone: +43 1 388 38 83 10
whereby the following cancellation rules apply:
Up to 31 days before the agreed date of travel, the order can be canceled and refunded 100% (based on the agreed fee).
Up to 24 days prior to the agreed date of travel, the order can be canceled and refunded up to 80% (based on the agreed payment).
Up to 19 days before the agreed start of the trip, the order can be canceled and refunded at a rate of 60% (based on the agreed payment).
Up to 14 days before the agreed start of the trip, the order can be canceled and refunded up to 40% (based on the agreed payment).
Up to seven days before the agreed start of the trip, the order can be canceled and refunded at a rate of 20% (based on the agreed payment).
Less than seven days before the agreed start of the trip, the order cannot be canceled and the entire agreed fee must be paid (taking into account point 6).
The date of receipt of the cancellation declaration in the sphere of the Contractor is decisive.
6. Performance failures
The Contractor is not responsible if he cannot fulfill his obligations from the contractual relationship due to circumstances for which he or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunication services as well as force majeure.
If the trip fails due to circumstances that are on the side (“sphere”) of the Customer, he bears the price risk. However, the Contractor must allow himself to offset what he has saved or deliberately failed to acquire by not carrying out the work (§ 1168 para. 1 ABGB).
The behavior of the end customer is to be attributed to the sphere of the Customer.
7. Force majeure
In cases of force majeure, the parties to the contract are entitled to withdraw from the contract on an extraordinary basis.
The Customer shall provide evidence that a case of force majeure exists.
In this case, he shall reimburse Contractor for any expenses which Contractor has incurred in anticipation of the performance of this contract until the time of receipt of the extraordinary notice of termination by Customer.
Cases which are within the sphere of the Customer, which could have been avoided by him or which were already recognizable for him at the time of the conclusion of the contract, do not entitle the Customer to an extraordinary notice of termination. These cases are not to be qualified as cases of force majeure.
8. Short-term changes and replacements
The Contractor is entitled to make short-term changes or replacements with regard to the agreed services. There is no default in performance if the substitute performance is at least equivalent to the originally agreed performance.
9. Data protection and protection of business and trade secrets
The transfer of data and information to the respective required business partners are permitted to the extent necessary for the fulfillment of the contractual relationship (Art 6 para. 1 lit b GDPR). Otherwise, the contracting parties are obliged to maintain secrecy about the circumstances and data related to the other party, of which they become aware as a result of the present business relationship, and in particular to observe data secrecy. These obligations to maintain data and business secrecy also apply beyond the contractual relationship.
The Contractor may process data of the Customer for advertising purposes on the basis of predominantly legitimate interests (Art 6 para. 1 lit f GDPR). The Customer is entitled to object to the processing of his data for advertising purposes (Art 21 para. 2 GDPR).
More detailed information on data protection can be found in the data protection declaration: https://www.travellabsolutions.com/privacy-policy.
10. Disclaimer for external contents
The Contractor is not liable for external information that is opened by means of an electronic reference (link). As soon as the Contractor becomes aware or aware that illegal information is being linked, the Contractor will immediately delete this link.
11. Liability and warranty
The liability of the Contractor for slight negligence is excluded. The liability is limited to the number of damages typically foreseeable at the time of conclusion of the contract.
This limitation of liability shall not apply with regard to personal injury or for damages under the Austrian Product Liability Act („Produkthaftungsgesetz“).
The Contractor is not liable to the Customer for loss of profit.
The Contractor is not liable for any disruptions in performance and damages in the relationship between the Customer and the end customer.
The Customer has to take care to take out adequate liability insurance.
12. Involvement of subcontractors
The Contractor may use subcontractors for the performance of his obligations under this contract.
13. Court of jurisdiction and applicable law
This contractual relationship is based on Austrian law and is deemed agreed. The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of referral norms is excluded. The exclusive place of jurisdiction is Vienna.
14. Duration of the contractual relationship
The contractual relationship with the customer begins with the conclusion of the contract. If a one-time service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, it can be terminated by giving 14 days’ notice to the last day of a month. The right to extraordinary termination at any time remains unaffected.
15. Further issues
If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid provision shall be replaced by such valid provision which comes as close as possible to the economic intent of both parties to the agreement.
Amendments to these terms and conditions as well as supplements to these terms and conditions are only valid if they are agreed and signed in writing. E-mails fulfill the written form in this sense.
The Contractor recommends that the Customer saves these terms and conditions permanently.
Information („Impressum“) pursuant to § 5 ECG, § 25 MedienG and § 14 UGB:
TravelLab Solutions GmbH
T +43 1 388 38 83 10
F +43 1 388 38 83 99
Company register number: FN 428684 v
Member of the Austrian Federal Economic Chamber
Business purpose: Travel agency – Tour Operator
Author: Attorney at law Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.
A copy of these terms and conditions, or even parts thereof, requires the consent of the author