All inquiries addressed to, and bookings placed with, EUTRACOR shall be solely governed by the terms and conditions contained herein.
Customers may make reservations exclusively in writing.
2. Privity of Contract
Privity of contract shall be established only after written confirmation and acceptance of a reservation by EUTRACOR.
3. Prices, Fees, Travel Documents
Price information is given only on request. In the event of an increase in hotel costs, for example, or increases of fees or taxes levied on specific services (city tax, taxes in general), or an increase of exchange rates affecting the tour concerned, EUTRACOR reserves the right to change the tour prices quoted in the offer to an extent reflecting the total increase of the price per person. All vouchers and travel-related documents shall be issued either by EUTRACOR or, in exceptional circumstances, by the costumer. Issuance of a voucher or any other travel-related document by costumer requires express prior consent by EUTRACOR or must be subsequently approved by EUTRACOR in writing. In this case the costumer’s vouchers must be sent to EUTRACOR (by email) no later than 7 days before departure. The costumer’s vouchers must be clearly and legibly marked „booked & paid via EUTRACOR“.
4. Terms of Payment
In order to guarantee performance of service the following terms of payment must be unconditionally observed, unless something contrarily is agreed:
A deposit of 70 % of the total price of the tour is due on the release day. The remainder of the payment due must be credited to the account of EUTRACOR 14 days prior to departure at the latest. In certain cases (e.g. trade fairs, major events, large-scale projects, serial bookings) payment may be required at an earlier date. Such advanced due dates will be included in the contract.
In the event payment is not effected at maturity the costumer shall be considered in arrears. Additional reminders or requests for payment by EUTRACOR are not required. Any written proof of remittance of payment shall only be accepted if such proof has been made out by, and transmitted via, the costumer’s bank. All payments shall be effected free of banking charges and quoting EUTRACOR as the recipient. In case, EUTRACOR has granted more generous payment conditions e.g. in a longterm partnership, these conditions are valid only, a) as long as the costumer’s credit ranking does not get worse (basis: credit ranking of „Basel II“ or similar org. at the day of the agreement) and/or b) permanents continuously are settled without delay. Will the credit ranking get worse and/or payments are continuously settled with delay, automatically and immediately payment conditions as in clause 4. will come in force, also if this concerns a current operation.
5. Tour Participants and Minimum Number of Participants
For tour packages the minimum number of participants specified for the individual tours shall apply. EUTRACOR will state the minimum number of participants required for a specific tour when making an offer. If the required minimum number of participants can not be reached EUTRACOR reserves the right to change the price of the tour. Such price changes will take into account the additional expense per person incurred by EUTRACOR because of an insufficient number of tour participants. If the minimum number of participants can not be reached, EUTRACOR furthermore reserves the right to terminate or cancel the contract if EUTRACOR deems such a course of action necessary. In this event EUTRACOR shall notify the costumer of such a cancellation without delay and shall be entitled to claim damages calculated on the basis of the amounts and conditions stipulated in clause 9.1. (Cancellation by Client).
6. Travel Insurance
Travel insurance is not offered by EUTRACOR and is the responsibility of the customer.
7. Change of Contractually Agreed Services
EUTRACOR reserves the right to modify individual contractual services or to change the program if said change has become necessary after the conclusion of the contract, provided that such of modifications of service or changes of program will be effected on equal or superior category levels.
8. Complaints – Mandatory Co-operation of Customer
In the unlikely event that services can not be performed as stated, the customer, i.e. the tour operator, its bus driver, tour guide or group manager, or the individual passenger, as the case may be, shall be required to co-operate with EUTRACOR by filing their complaints, without delay and while still residing at the tour destination, with EUTRACOR.
All claims a failure to perform the contractually agreed tour services shall be made in writing within seven days after the contractual end of the tour. All claims made after this date shall only be considered if the customer has been unable to assert his claims within the specified period due to reasons beyond customer’s control. If the customer fails to notify EUTRACOR of any failure to perform without delay and while still residing at the tour destination, all claims concerning a failure to perform the contractually agreed tour services, especially depreciation of services, shall be forfeit.
9. Cancellation of a contract
9.1. Cancellation by Client
If a customer chooses to cancel a booking already made, the following cancellation fees or administrative fees according to the release date agreed in the reservations contract can be applied respectively, unless something contrarily is agreed:
a) Cancellation until 49 days prior to arrival:
Administrative fee of EURO 400,00
b) Cancellation with release within 49-42 days prior to arrival:
20 % of the full tour price.
c) Cancellation with release within 41-34 days prior to arrival:
35 % of the full tour price.
d) Cancellation with release within 33-26 days prior to arrival:
50 % of the full tour price.
e) Cancellation with release within 25-18 days prior to arrival:
80 % of the full tour price.
f) Cancellation 17 days before arrival or less:
100 % of the full price concerned.
These provisions concerning cancellation fees may be altered in exceptional circumstances (e.g. trade fairs, major events, congresses, holidays); in these cases, an earlier date for free-of-charge cancellations may be stipulated and shall be included in the contract between the parties.
In the case that national or local laws (where the tour takes place) – by the release as well as the percentage of the cancellation – are more restrictive than the ones stated above, conditions according to the local law will apply.
9.2. Cancellation by EUTRACOR
EUTRACOR shall be entitled to cancel the contract in the event that
- the agreed minimum number of participants (cf. clause 5) has not been reached;
- the other party fails to meet its financial commitments within the contractual relationship and/or fails to observe the relevant terms and conditions of the contract. EUTRACOR grants an additional period of 3 workdays in order to show proof of payment as stipulated in clause 4. If EUTRACOR chooses to cancel the contract subsequent to the aforementioned instances EUTRACOR is entitled to claim damages calculated on the basis of the amounts and conditions stipulated in clause 9.1. (Cancellation by Client);
- Furthermore, we reserve the right to terminate this contract without notice in the event of Force Majeure, industrial disputes, civil strife, natural disaster, epidemics, acts of government or public authority, or fundamental political change; EUTRACOR shall not accept liability for any damage or costs incurred by costumer as a result of the aforementioned causes.
- provided nothing to the contrary has been agreed, until 3 months prior to arrival, in case the hotel (contractual partner of EUTRACOR) makes use of his right to withdraw from his contract with EUTRACOR (e.g. specific national or local rules and regulations for hotel business, such as for example AGBH 2006 in Austria);
- and in cases where national or local laws and/or existing usage enable the supplier of the service to cancel the contract with EUTRACOR.
In all cases of cancellation via EUTRACOR, EUTRACOR is neither obliged to reimburse for damages occurred, nor to provide alternative accommodation.
10. Exclusion of Liability
10.1. General Exclusion of Liability
EUTRACOR does neither accept liability for any failure to perform contractually agreed services which is demonstrably caused by reasons beyond the control of EUTRACOR nor for any such failure caused by „Force Majeure“ and/or Acts of God.
10.2. Exclusion of Liability in case of Insolvency of the contractual partner of EUTRACOR
In case that due to insolvency of the supplier the operator of that respective a hotel, restaurant, ecc., should not be able anymore to guarantee services and/or accommodation for the guests in his or a similar structure (hotel,…) at the same conditions as booked, EUTRACOR will try of course to find an alternative possibility.
EUTRACOR is neither obliged to alternatively accommodate the guests, especially at the same conditions, nor can’t take any responsibility for any claim of damages.
11. Applicable Law, Place of Performance, Place of Jurisdiction
For all business transactions shall be solely governed Austrian Law. The place of performance shall be Vienna. The place of jurisdiction shall be the responsible court in Vienna.
12. Legal Invalidity of a Clause
If any of the provisions contained in these terms and conditions becomes legally invalid the remaining provisions shall continue in full force and effect.
13. Administration of EUTRACOR & Responsibility for the content
EUTRACOR OG, Marinelligasse 17/26, 1020 Wien, Austria. CEO: Sabine Haberler, Anna Jaworska.
Subject to change without notice. Editorial, printing and typesetting errors excepted.
© EUTRACOR OG.