General travel conditions

(Please note: different terms and conditions apply for alpine huts & hut villages – please click here)
(Please note: different terms and conditions may apply during congress dates - details on request)
Dear Costumer,

the following detailed travel conditions of Mondial GmbH & Co. KG become part of the travel contract upon booking.

The following terms and conditions regulate the contractual relationship between you as traveller who takes use of the services of Mondial GmbH & Co. KG, Operngasse 20b, 1040 Vienna (shortly: Mondial) and us.

Mondial may act as travel agent (section A) and / or as a tour operator (section B). Conditions that apply to Section A and / or B are listed in Section C (General).

A) Travel Agent

1. Scope

1.1. The travel agent brokers travel contracts for individual travel services (e.g. flight, hotel etc.), for package travel (as defined in Art. 2 Para. 2 Package Travel Directive (PTD)) as well as for linked travel arrangements (as defined in Art. 2 Para. 5 Package Travel Directive (PTD)) between the tour operator or service provider on the one hand and the traveller on the other hand. The travel agent provides their services in accordance with the legal regulations, in particular the Package Travel Directive (PTD), and the Package Travel Ordinance (PTO) with the diligence of a prudent contractor.

Hereinafter, the company Mondial is defined as travel agent with its commercial locations.

1.2. The General Terms and Conditions shall be deemed to have been agreed, if they have been made available before the traveller is bound to a contract by a declaration of contract or if the traveller was able to view their contents. They constitute the foundation of the contract of agency which exists between the travel agent and the traveller.

1.3. The present General Terms and Conditions shall apply to the contract of agency (cf. item 1.2). For contractual relationships between the traveller and the brokered tour operator, the brokered transport companies (e.g. train, bus, plane and ship etc.) and other brokered service providers, the respective general terms and conditions apply, provided that they are made available to the traveller before the traveller has been bound to a contract by a contract declaration or the traveller could view their contents and the contents of the terms and conditions are not illegal or violate existing law.

2. Role of the Travel Agent

2.1. In accordance with the information supplied by the traveller, the travel agent compiles travel proposals for the traveller. These are non-binding and as such do not constitute offers in the sense of Art. 4 PTD. If it is not possible to compile travel proposals on the basis of the information provided by the traveller, then the travel agent shall notify the traveller of this.

The travel proposals are based on the information provided by the traveller, which is why incorrect and/or incomplete information supplied by the traveller - in the absence of clarification from the traveller - may form the basis of the travel proposals. When compiling travel proposals, it is possible, for example, to use the price, the expertise of the tour operator/service provider, discounts, the best price principle and other factors, if applicable, as parameters (without any claim to completeness).

2.2.If the traveller expresses a concrete interest in one of the travel proposals submitted to them by the travel agent, the travel agent shall prepare a travel offer on the basis of the travel proposal in accordance with the provisions of Art. 4 PTD, insofar as these are relevant for the tour. The travel offer, prepared by the travel agent, commits the tour operator or, in the case of linked travel arrangements or individual travel services, the service provider. A contract between the tour operator and the traveller or, in the case of linked travel arrangements or individual travel services, between the service provider and the traveller is concluded.

2.3.When the travel offer is accepted by the traveller (= declaration of contract of the traveller, cf. 1.3).

2.4.The travel agent advises and informs the traveller based on the information which the traveller submits to the travel agent. The travel agent represents to the best of their knowledge the package travel of the tour operator brokered according to the traveller's information or, in the case of linked travel arrangements or individual travel services, the service of the service provider taking into account the customary conditions in the country of destination as well as taking into account any particularities associated with the tour (e.g. expedition tours). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the traveller), provided, depending on the type of trip, there are no circumstances which require separate clarification or clarification of the circumstances is not necessary for the provision and the course or performance of the service. In principle, it is important to note that the traveller consciously chooses a different environment and that the quality, facilities, food (seasoning in particular) and hygiene levels are related to the regional standards/criteria customary for the country/place of destination. In addition, the traveller has the opportunity to obtain more detailed information on the customary local conditions from the catalogue or on the website of the respective tour operator, in particular with regard to the location, place and standard (customary in the country) of the services to be provided.

2.5.The travel agent shall inform the traveller in accordance with Art. 4 PTD before the traveller is bound to a package travel contract by a declaration of contract:

2.5.1Of the existence of a package tour by means of a standard information sheet pursuant to Art. 4 Para. 1 PTD. In addition, the standard information sheet for package travel can be referred to - if available in printed or digital form - in the catalogue or on the website of the respective tour operator.

2.5.2. Of the information listed in Art. 4 Para. 1 PTD, insofar as it is relevant for the package tour that may be arranged and it is necessary for the execution and provision of services (e.g. in the case of an exclusively beach holiday, no references to sightseeing tours as in the case of study trips etc. are necessary, insofar as these are not part of the agreed services). In addition, this information can be viewed - if available - in the catalogue or on the homepage of the respective tour operator.

2.5.3. Of whether the package holiday to be brokered for the traveller is generally suitable for persons with reduced mobility, provided that this information is relevant to the package tour in question (Art. 4 Para. 1 No.1(h) PTD). A person with reduced mobility is a person with a physical disability (sensory or motor, permanent or temporary), in accordance with Art. 2 (a) VO 1107/2006 (Rights of disabled persons and persons with reduced mobility when travelling by air), who limits the use of components of the package (e.g. use of certain means of transport, accommodation) and as such necessitates the services to be adapted to the special needs of this person.

2.5.4.Of general passport and visa requirements of the country of destination, including approximate time limits for obtaining visas and for completing health care formalities (Art. 4 Para. 1 No. 6 PTD), provided that this information is relevant to the package in question. Upon request, the travel agent will provide information on foreign currency and customs regulations. General information on passport and visa requirements, health care formalities as well as foreign currency and customs regulations for travellers with Austrian citizenship can moreover be obtained by selecting the desired country of destination under https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/. EU citizens can request this information from their relevant representative authorities. It is assumed that a valid passport (which e.g. is not expired, not reported stolen or lost, etc.) is generally required for travel abroad, and the traveller is responsible for its validity. The traveller is responsible for complying with the health care formalities of which they have been notified. The traveller is responsible for obtaining the necessary visa, unless the travel agent has agreed to process the procurement of such a visa.

2.6.In accordance with Art. 15 Para. 1 PTD the travel agent shall inform the traveller in the case of linked travel arrangements, before the traveller is bound by a declaration of contract, that the traveller cannot make use of any rights which apply exclusively to package travel, that each service provider is only liable for the contractual provision of their service and that the traveller benefits from insolvency protection in accordance with the package travel ordinance. In accordance with Art. 15 Para. 2 PTD, the travel agent is deemed compliant with this duty of information, if they provide the relevant standard information sheet in accordance with Appendix II, PTD, provided that the type of linked travel arrangement is covered by one of these standard information sheets.

2.7. Special requests by travellers which are akin to customer preferences (e.g. sea view) are fundamentally non-binding and do not result in a legal claim, provided these requests have not been confirmed by the tour operator as a requirement of the traveller in accordance with Art. 6 Para. 2 No. 1 PTD or for linked travel arrangements or individual travel services said request has not been confirmed by the service provider as a requirement of the traveller. If a confirmation is issued, a binding service agreement exists.
The travel agent's declarations represent a commitment to forward the traveller's requests to the tour operator/relevant service provider and do not constitute a legally binding agreement as long as they have not been confirmed by the tour operator or, in the case of linked travel arrangements or individual travel services, by the service provider.

3. Obligation of the Traveller to Provide Information and Cooperate

3.1. The traveller is to provide the travel agent with all personal (e.g. date of birth, citizenship etc.) and factual (e.g. planned carriage/importing of medication, prostheses, animals, etc.) information, which is relevant to the trip in a timely, complete and truthful manner. The traveller must notify the travel agent of any issues relating to its person or its fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.), and of its and their special needs, in particular with regards to any limited mobility or health-related issues and other restrictions which may be relevant for either the preparation of travel proposals/ travel offers or for the execution of the tour and provision of travel services (e.g. for hiking trips etc.), if necessary by submitting a complete qualified certificate (e.g. medical certificate).

3.2. In the instance of reduced mobility or other limitations or special needs in accordance with item 3.1 (e.g. requirement of special medication, regular medical treatment, etc.), which would possibly affect the execution of the trip, the traveller is advised to consult a doctor prior to booking as to whether the traveller in question is able to travel.

3.3. If the mobility of the traveller only becomes reduced in the period between contract conclusion and trip commencement or if other restrictions within the meaning of item 3.1 arise during said period, then the traveller must inform the travel agent immediately - for reasons of proof it is recommended to do so in writing - so that the travel agent can inform the tour operator or, in the case of linked travel agreements or individual travel services, the service provider accordingly.

3.4. The traveller, who has had a booking made for themselves or a third party by the travel agent, is considered to be the client and thus assumes the obligations of the contract of agency vis-a-vis the travel agent (e.g. payment of costs etc.) in accordance with Art. 7 Para. 2 PTD, unless another agreement applies.

3.5. The traveller is obliged to check all contractual documents (e.g. package travel contract, booking confirmation, vouchers) provided by the travel agent for factual correctness of their details / data and for any deviations (spelling mistakes; e.g. names, date of birth) as well as for incompleteness and, in the event of inaccuracies / deviations / incompleteness, to inform the tour operator immediately for correction - whereby the written form is recommended for reasons of proof.

3.6.In order to ensure that travellers with reduced mobility (in accordance with Art. 2(a) of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air) and their co-travellers, pregnant travellers, unaccompanied travelling minors and travellers in need of special medical care, are not subject to the tour operator's limited obligation to bear the costs of the accommodation which is necessary as a result of impossible return transport due to unavoidable and exceptional circumstances, the travellers concerned must inform the tour operator or travel agent of their special needs at least 48 hours before the start of their journey.

3.7. In accordance with Art. 11 Para. 2 PTD, the traveller is obligated to immediately and comprehensively report any perceived deviation from the agreed travel services, including the concrete description of the deviation/issue, in acknowledgement of the respective circumstances, so that the tour operator is able to remedy the deviation - insofar as this is possible or feasible, depending on the individual case - taking into account the respective circumstances (e.g. time difference, impossibility of contacting the expedition, existence of an alternative or an exchange/upgrade option, etc.) and the associated costs (e.g. cleaning the replacement room, finding a replacement hotel). If a violation of contract occurs during the normal business hours of the travel agent through whom the package was booked, the traveller is obligated to report the violation to the travel agent. The traveller is advised to notify the agent in writing, for reasons of proof in particular. Outside normal business hours, the traveller must immediately notify the tour operator's representative of any violation of contract or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the package travel contract. Failure to report a violation of contract shall have an effect on any warranty claims of the traveller if remedial action could have been taken on site and if such reporting could have been reasonably expected. In accordance with Art. 12 Para. 2 PTD, failure to report a deviation can also be considered as contributory negligence in relation to claims for damages (Art. 1304 ABGB (Austrian civil code)). Reporting a violation of contract does not immediately guarantee services from the tour operator.

3.8. The traveller is obliged to pay the agreed fees in accordance with the terms of payment on time and in full to Mondial:

3.9.Upon booking 20% ​​of the travel price (for bookings under EUR 250,- at least EUR 25,-) are due. The deposit will be credited against the travel price. The balance is payable up to 20 days before departure

3.10.Even if the tour operator or service provider has to provide the traveller with the necessary travel documents and information in good time before the start of the journey, Mondial reserves the right to hand them over upon receiving the final payment.

3.11.The traveller indemnifies the travel agent for the damage incurred in the event of non-payment by the travel agent (advance payments from the travel agent).

3.12.In the event of claims for compensation or price reductions and the receipt of payments for compensation or price reductions in accordance with Art. 12 Para. 5 PTD (e.g. compensation in accordance with Art. 7 of the Air Passenger Rights Ordinance) or in the event of the receipt of other payments and services from service providers or third parties that must be offset with the claims for compensation or price reductions of the traveller against the tour operator (e.g. payments by the hotel), the traveller shall inform the travel agent or tour operator of this situation completely and truthfully.

3.13.When paying by direct debit (SEPA), SDD Mondial requires (if necessary through the travel agency) a direct debit mandate, which allows Mondial to debit from your checking account with the price to be paid (advance and final payment) by direct debit. The direct debit mandate is part of the confirmation.

4. Travel Contract

4.1. A contract between the tour operator or in the case of connected travel services or individual travel services between the service provider and the traveller is concluded when a booking order is made by the travel applicant (possibly additionally via a travel agency) to Mondial.

4.2. The travel applicant can book via mail, online, in person or by phone. Mondial will confirm electronic and telephone bookings immediately by electronic means. The confirmation of receipt does not constitute confirmation of the acceptance of the booking. The contract will not become binding until the booking and the price (possibly via an intermediary travel agency) has been confirmed by means of an invoice / travel confirmation.

4.3. The traveller will receive a copy of the contract document or a confirmation of the contract on a durable medium (such as paper, email).

If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded outside of business premises within the meaning of § 3 Z 1 Remote and External Business Act (FAGG), the traveller agrees to receive the execution or confirmation of the package travel contract alternatively also on another durable data medium (for example email).

4.4. Unless otherwise agreed, the traveller shall be issued with booking receipts, vouchers, tickets and admission passes, information on planned departure times and, if applicable, scheduled intermediate stops, connections and arrival times at the last delivery/contact address provided by the traveller in good time before the start of the package tour.

Even if the tour operator or service provider has to provide the traveller with the necessary travel documents and information in good time before the start of the journey, the travel agent reserves the right to hand them over upon receipt of the final payment. The following individual services must be paid in full at the time of booking or ticketing: scheduled train and ferry tickets and insurance. If the advance payment and / or the final payment are not settled in accordance with the agreed terms of payment, the travel agent is entitled to withdraw from the travel contract after reminder with deadline and to charge cancellation fees. If the mentioned documents contain mistakes, deviations, incompleteness within the meaning of 3.5. the traveller has to contact the travel agent or tour operator (cf. 3.5.).

5. Price Change before Departure

5.1. Der Reisevermittler setzt den Reisenden an der von ihm zuletzt bekanntgegebenen Adresse klar, verständlich und deutlich auf einem dauerhaften Datenträger (z.B. Papier, Email) über Preisänderungen im Sinne des § 8 PRG, die sich der Reiseveranstalter im Pauschalreisevertrag vorbehalten hat, spätestens 20 Tage vor Beginn der Pauschalreise unter Angabe der Gründe der Preisänderung, in Kenntnis.

6. Changes to Service Prior to Commencement of Travel

6.1. The travel agent shall inform the traveller clearly, comprehensibly and explicitly via a permanent data carrier (e.g. paper, e-mail) of insignificant changes to the contents of the package travel contract, as reserved by the tour operator in the package travel contract, and which the tour operator unilaterally carries out in accordance with Art. 9 Para. 1 PTD.

6.2. Insignificant changes are defined as (whereby this is to be judged in each individual case) minor, objectively justified changes which do not significantly change the nature and/or the duration and/or the service content and/or the quality of the booked package travel.

6.3. Significant changes may result in a significant reduction in quality or value of the travel services which the tour operator is obliged to provide, if the changes affect essential features of the travel services and/or influence the package travel and/or travel execution. Whether a change or reduction in the quality or value of travel services is to be defined as significant or not, must be assessed on a case-by-case basis, taking into account the nature, duration, purpose and price of the package tour as well as the intensity, duration and cause of the change and, where appropriate, whether any party can be made responsible for the circumstances that led to the change.

6.4.If, in accordance with Art. 9 Para. 2 PTD, the tour operator is forced to make such aforementioned significant changes to the central features of the travel services which define the nature and purpose of the package travel (cf. 4 Para. 1 No. 1 PTD) or if the tour operator is unable to fulfil the requirements of the client, which were expressly confirmed by the tour operator, or if the tour operator increases the total price of the package by more than 8% in accordance with the provisions of Art. 8 PTD, the traveller may

• iagree to the suggested changes within a reasonable certain period, as defined by the tour operator, or
• agree to participate in an alternative tour, provided this is offered by the tour operator, or
• withdraw from the contract without paying compensation fees.
  

For this reason, the travel agent shall, in the aforementioned cases, inform the traveller at the address last provided by the traveller of the following in a clear, comprehensible and explicit manner on a permanent data carrier (e.g. paper, e-mail):

• changes in the travel services and, where appropriate, their impact on the price of the package
• the reasonable period within which the traveller must inform the tour operator of their decision and the legal effect of failing to notify the operator of said decision within the reasonable period,
• where appropriate, the replacement package tour offered and its price.
  

The traveller is advised to submit their decision in writing. If the traveller does not submit a decision within said period, this shall be considered as agreement to these changes.

7. Liability

7.1. In accordance with Art. 17 PTD, the travel agent is liable for booking errors (e.g. spelling mistakes) provided these are not based on an erroneous or incorrect or incomplete submission of the traveller or due to unavoidable and extraordinary circumstances in accordance with Art. 2 Para. 12 PTD.

7.2. The travel agent is not liable for property damage and financial losses of the traveller in connection with the booking, if they are due to unavoidable and extraordinary circumstances in accordance with Art. 2 Para. 12 PTD.

7.3. The travel agent shall not be liable for the provision of the service they have brokered or for the provision of a service which they have not brokered or promised to broker to the traveller or for additional services booked by the traveller themselves after commencement of the journey.
If the travel agent does not fulfil their duties to provide information or to protect against insolvency in accordance with Art. 15 Para. 2 PTD when brokering linked travel arrangements, they shall be liable in accordance with the provisions of Art. 7 and 10 as well as the 4th paragraph of the PTD which are otherwise only applicable to package tours.

7.4.If the travel agent brokers a package tour of a tour operator based outside the EEA, the travel agent must prove that the tour operator complies with the requirements specified in paragraph 4 of the PTD (Provision of the agreed services, warranty, compensation, duty to assist). If this is not the case, the travel agent is liable for compliance with the aforementioned requirements in accordance with Art. 16 PTD.

8. Fees for Changes and Cancellations:

If the traveller changes or cancels the booking Mondial will charge fees, unless different conditions have been stated or agreed.

8.1.The traveller may change or cancel the booked travel services at any time prior to departure. The date of receipt of declaration at Mondial is decisive. Declarations received after the office hours (Monday-Friday after 6pm) are considered received at the beginning of the next working day. It is recommended to explain the change or cancellation in writing.

8.2. The conditions for rebooking and cancellations are listed in section C, item 1 and 2.

8.3. As the intermediary travel agency, Mondial is entitled to charge a cancellation processing fee of EUR 28 per person, up to a maximum of EUR 56 per trip, notwithstanding item 8.2.

B) Tour Operator

1. Scope and Definitions

A tour operator is an entrepreneur who either directly or via another entrepreneur or together with another entrepreneur compiles package tours (as defined in Art. 2 Para. 2 PTD) and contractually arranges or offers them (cf. Art. 2 Para. 7 PTD). The tour operator provides their services in accordance with the legal regulations, in particular the Package Travel Directive (PTD), and the Package Travel Ordinance (PTO) with the diligence of a prudent contractor. An entrepreneur is any natural or legal person who meets the requirements for an entrepreneur in accordance with Art. 1 KSchG (Consumer Protection legislation) (cf. Art. 2 Para. 9 PTD).

Hereinafter the company Mondial GmbH & Co. KG is defined as tour operator.

1.2. The General Terms and Conditions shall be deemed to have been agreed, if they have been made available before the traveller is bound to a contract by a declaration of contract or if the traveller was able to view their contents. The General Terms and Conditions supplement the package travel contract concluded with the traveller. If the traveller is booking for third parties (fellow travellers), they confirm that they have been authorised by said third parties to procure an offer for them, to agree to the general terms and conditions for them and to conclude a package travel contract for them. In the case of doubtful existence of an apparent authority, a written confirmation of the provided documents/information must be given by each fellow traveller. The traveller, who is making a booking for themselves or a third party, is thus considered to be the client and thus assumes the obligations of the contract with the tour operator (e.g. payments, withdrawal from the contract, etc.) in accordance with Art. 7 Para. 2 PTD, unless otherwise agreed.

1.3. A traveller is any person who intends to conclude a contract subject to the provisions of the Package Travel Directive (e.g. package travel contract) or who is entitled to use travel services on the basis of such a contract.

1.4. The catalogue and the homepage of the tour operator merely serve as advertising material. The package tours and other services listed therein do not constitute offers (cf. 2.2.).

1.5.A package travel contract is the contract for a package tour concluded between the tour operator and the traveller.

1.6. The price of the tour is considered to be the amount to be paid by the traveller as stated in the package travel contract.

1.7. A person with reduced mobility is a person with a physical disability (sensory or motor, permanent or temporary), in accordance with Art. 2 (a) VO 1107/2006 (Rights of air passengers with disabilities or reduced mobility), that limits the use of components of the package (e.g. use of a means of transport, accommodation) and as such necessitates the services to be adapted to the special needs of this person.

1.8. Unavoidable and extraordinary or unforeseeable circumstances are defined as incidents/events/occurrences beyond the control of the person referring to them whereby the consequences of said circumstances could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious issues of security such as terrorism, outbreaks of infectious diseases, natural disasters, weather conditions preventing a safe journey, etc.) (cf. Art. 2 Para. 12 PTD).

1.9. The Package Travel Directive and the General Terms and Conditions do not apply to package travel contracts concluded between two entrepreneurs based on a general agreement on the organisation of business trips (e.g. framework contract).

2. Role of the Tour Operator

2.1. In accordance with the information supplied by the traveller, the tour operator compiles travel proposals for the traveller. These are non-binding and as such do not constitute offers in the sense of Art. 4 PTD. If it is not possible to compile travel proposals on the basis of the information provided by the traveller (no different options, no services etc.), then the tour operator shall notify the traveller of this.
The travel proposals are based on the information of the traveller, which is why incorrect and/or incomplete information supplied by the traveller - in the absence of clarification by the traveller - may form the basis of the travel proposals. When compiling travel proposals, for example the price, the expertise of the tour operator/service provider, discounts, the best price principle and other factors, may at best serve as parameters (without any claim to completeness).

2.2. If the traveller has a concrete interest in one of the travel proposals submitted to them by the tour operator, the tour operator shall prepare a travel offer on the basis of the travel proposal in accordance with the provisions of Art. 4 PTD, insofar as these are relevant for the trip. The travel offer compiled by the tour operator commits the tour operator. The pre-contractual information contained in the travel offer may vary due to price or service changes, provided the tour operator has reserved this right in the travel offer, the tour operator informs the traveller clearly, comprehensibly and explicitly of the changes prior to conclusion of the package travel contract and the changes are made by mutual agreement between the traveller and the tour operator (cf. Art. 5 Para. 1 PTD).

2.3.The tour operator offers the traveller advice and information based on the information provided to the tour operator by the traveller. The tour operator presents the package tour requested by the traveller to the best of their knowledge, taking into account the customary conditions in the country of destination as well as any special features associated with the package tour (e.g. expedition tours). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the desired destination etc.), provided, depending on the type of package tour, there are no circumstances which require separate clarification or clarification of the circumstances is not necessary for the provision and the course or performance of the agreed services. In principle, it must be noted that the traveller consciously chooses a different environment and that the quality, facilities, food (seasoning in particular) and hygiene levels are related to the regional standards/criteria customary for the country/place of destination. In addition, the traveller has the opportunity to obtain more detailed information on the customary local conditions, in particular with regard to the location, place and quality (customary in the country) of the agreed services, from the catalogue or the website of the tour operator.

2.4. The tour operator shall inform the traveller in accordance with Art. 4 PTD before the traveller is bound to a package travel contract by a declaration of contract:

2.4.1.Of the existence of a package tour by means of a standard information sheet pursuant to Art. 4 Para 1 PTD. In addition, the standard information sheet for package travel can be viewed on the website of the tour operator.

2.4.2. Of the information listed in Art. 4 Para. 1 PTD, insofar as it is relevant to the arranged package travel and it is necessary for the execution and provision of services (e.g. in the case of an exclusively beach holiday no references to sightseeing tours as in the case of study trips etc. are necessary, insofar as these are not part of the agreed services). In addition, this information can be viewed - if available - in the catalogue or on the homepage of the respective tour operator.


2.4.3. Of whether the package holiday to be arranged is generally suitable for persons with reduced mobility (cf. item 1.6.), provided that this information is relevant to the package in question (Art. 4 Para. 1 No.1(h) PTD).


2.4.4. Of general passport and visa requirements of the country of destination, including approximate time limits for obtaining visas and for completing health care formalities (Art. 4 Para. 1 No. 6 PTD), provided that this information is relevant to the package in question. Upon request, the tour operator will provide information on foreign currency and customs regulations. General information on passport and visa requirements, health care formalities as well as foreign currency and customs regulations for travellers with Austrian citizenship can moreover be obtained by selecting the desired country of destination under https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/. EU citizens can request this information from their relevant representative authorities. It is assumed that a valid passport (which e.g. is not expired, not reported stolen or lost, etc.) is generally required for travel abroad, and the traveller is responsible for its validity. The traveller is responsible for complying with the health care formalities of which they have been notified. The traveller is responsible for obtaining the necessary visa, unless the tour operator has agreed to process the procurement of such a visa.


2.5. Special requests by travellers which are akin to customer preferences (e.g. sea view) are fundamentally non-binding and do not result in a legal claim, provided these requests have not been confirmed by the tour operator as a requirement of the traveller in accordance with Art. 6 Para. 2 No. 1 PTD. If a confirmation is issued, a binding service agreement exists. If the tour operator accepts a customer preference, this merely represents an agreement to forward said requests to the relevant service provider or to clarify their feasibility and does not constitute a legally binding guarantee as long as it has not been confirmed by the tour operator.


If the traveller does not book directly with the tour operator (e.g. by visiting the branch, requesting information by telephone or e-mail, etc.), but through a travel agent, the provisions of item 2 (section A) of these General Terms and Conditions shall apply.

3. Responsibilities of the Travel Agent and Locally Booked Services

3.1. Travel agents are not authorised by the tour operator to make different agreements, to provide information or make assurances which alter the agreed content of the package travel contract, go beyond the scope of the contractually agreed services of the tour operator or contradict the travel offer. Travel catalogues and internet tenders which have not been published by the tour operator are not binding for the tour operator and the tour operator is not obligated to provide said services provided they have not been made the subject of the travel offer or the content of the service obligation of the tour operator by express agreement between the tour operator and the traveller.


3.2. Services booked on site with a third party tour operator or with service providers who are not accountable to the tour operator are not binding for the tour operator and do not fall within its service obligation and are not attributed to the tour operator unless these services have been expressly confirmed/authorised by the tour operator.

4. Obligation of the Traveller to Provide Information and Cooperation

4.1. The traveller is to provide the tour operator - if applicable via a travel agent, if such an agent was used to facilitate the booking - with all personal (e.g. date of birth, citizenship etc.) and factual (e.g. planned carriage/importing of medication, prostheses, animals, etc.) information, which is relevant to the package tour in a timely, complete and truthful manner. The traveller must notify the tour operator of any issues relating to its person or its fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.), and of its and their special needs, in particular with regards to any reduced mobility or health-related issues and other restrictions which may be relevant for the preparation of travel offers or for the execution of a package tour with the travel services to be agreed on (e.g. for hiking trips etc.), if necessary by submitting a complete qualified certificate (e.g. medical certificate).

4.2. In the instance of reduced mobility or other limitations or special needs in accordance with item 4.1 (e.g. requirement of special medication, regular medical treatment, etc.), which would possibly affect the execution of the trip, the traveller is advised to consult a doctor prior to booking as to whether the traveller in question is able to travel.

4.3. If the reduced mobility of the traveller only has occurred in the period between contract conclusion and trip commencement or if other restrictions within the meaning of item 4.1 arise during said period, then the traveller must inform the tour operator of this change immediately - for reasons of proof it is recommended to do so in writing - so that the tour operator can decide whether the traveller can still take part in the package tour without endangering themselves or their fellow travellers or whether they are entitled to exclude the traveller and withdraw from the contract. If the traveller does not fulfil their obligation to provide information completely or in a timely manner and the tour operator declares their withdrawal from the contract, the tour operator is entitled to compensation in accordance with the compensation rate.

4.4. The traveller, who is making a booking for themselves or a third party (fellow travellers), is considered to be the client and assumes the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the client is entitled to withdraw from the contract, etc.) in accordance with Art. 7 Para. 2 PTD (cf. 1.2), unless otherwise agreed.

4.5. The traveller is obligated to check all contractual documents (e.g. package travel contract, booking confirmation, vouchers) provided by the tour operator for factual correctness of their details/data and for any deviations (spelling mistakes; e.g. names, date of birth) as well as for incompleteness and, in the event of inaccuracies / deviations / incompleteness, to inform the tour operator immediately for correction - whereby the written form is recommended for reasons of proof. Any additional costs incurred as a result, provided these additional costs are based on incorrect or inaccurate information provided by the traveller, shall be borne by the traveller.

4.6. If it is not possible to provide the contractually agreed return transport of the traveller due to unavoidable and exceptional circumstances, the tour operator shall bear the costs for the necessary accommodation for a maximum of three nights. This does not apply to travellers with reduced mobility (in accordance with Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and their co-travellers, pregnant travellers, unaccompanied minors and travellers in need of special medical treatment, provided that the said persons inform the tour operator of their special needs, which did not exist at the time of booking or had not yet to be known to them, 48 hours before the start of the journey

4.7. In accordance with Art. 11 Para. 2 PTD, the traveller is obligated to immediately and comprehensively report any perceived deviation from the agreed travel services, including the concrete description of the deviation/issue, in acknowledgement of the respective circumstances, so that the tour operator is able to remedy the deviation, insofar as this is possible or feasible, depending on the individual case (e.g. time difference, impossibility of contacting the expedition, existence of an alternative or an exchange/upgrade option, etc.), and the associated costs (e.g. cleaning the replacement room, finding a replacement hotel etc.). If the traveller is booking through a travel agent and a breach of contract occurs during the business hours of the travel agent, the traveller must notify the travel agent of the violation of contract. The traveller is advised to notify the agent in writing, for reasons of proof in particular. Outside normal business hours, the traveller must immediately notify the tour operator's representative of any violation of contract or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the package travel contract. Failure to report a violation of contract shall have an effect on any warranty claims of the traveller if remedial action could have been taken on site and if such reporting could have been reasonably expected. In accordance with Art. 12 Para. 2 PTD, failure to report a deviation can also be considered as contributory negligence in relation to claims for damages (Art. 1304 ABGB (Austrian civil code)). Reporting a deviation does not immediately guarantee services from the tour operator.

4.8. The traveller is obligated to pay the price of the tour agreed within the framework of the package travel contract in full and on time in accordance with the terms of payment.

4.9. In the event of claims for compensation or price reductions and the receipt of payments for compensation or price reductions in accordance with Art. 12 Para. 5 PTD (e.g. compensation in accordance with Art. 7 of the Passenger Rights Ordinance) or in the event of the receipt of other payments and services from service providers or third parties that are to offset the claims for compensation or price reductions of the traveller against the tour operator (e.g. payments by the hotel), the traveller shall inform the travel agent or tour operator of this situation completely and truthfully.

4.10. In the event of a breach of contract, the traveller is fundamentally obligated to minimise the damage (§ 1304 ABGB).

5. Persons with Reduced Mobility

5.1. Whether a package tour is specifically suitable for persons with reduced mobility must be clarified in each individual case, whereby the type and extent of the reduced mobility, the nature of the package tour (e.g. study trip, city break etc.), the country/place of destination, the means of transport (e.g. bus, plane, ship etc.) and the accommodation (e.g. hotel, alpine hut, tent etc.) must be taken into account. Persons with reduced mobility must therefore ask the tour operator whether the chosen package is suitable for their concrete situation. The specific suitability of a package tour for persons with reduced mobility does not mean that all the services contained in the package travel contract can be used without reservation by the person with reduced mobility (e.g. a hotel complex may have suitable rooms and other areas for persons with reduced mobility. However, this does not mean that the entire facility (e.g. use of the pool etc.) is suitable for persons with reduced mobility). If this is the case and the person with reduced mobility decides to book the package tour, the tour operator will keep a handicap record. This serves as the basis of the package travel contract which is to be concluded.


5.2. The tour operator may turn down a package travel booking by a person with reduced mobility if the tour operator and/or one of its agents (e.g. hotel, airline, etc.), having carefully assessed the specific requirements and needs of the traveller, comes to the conclusion that the traveller cannot be transported or accommodated safely and in accordance with the safety regulations or if the tour operator and/or one of its agents concludes that the specific package tour is not suitable for the traveller.

5.3. The tour operator and/or one of its agents (e.g. airline, hotel etc.) reserves the right to refuse carriage/accommodation to a traveller who has failed to sufficiently inform the tour operator of their reduced mobility and/or special needs in accordance with 4.1. and/or 4.3. of the General Terms and Conditions so that the tour operator and/or agent is able to assess the possibility of safe and organisationally practicable carriage/accommodation.

5.4. For reasons of safety, the tour operator reserves the right to refuse travellers to participate in the package tour if in the opinion of the tour operator and/or one of its agents (e.g. airline, hotel, etc.), they are unable to travel or are not suitable for the package due to the itinerary, the destination, etc., or pose a threat to themselves or others during the package tour.

6. Travel Registration and Travel Contract

6.1. The travel contract concluded between the person making the booking and the tour operator is only effective, if Mondial confirms the booking and the price to this person. If the content of travel confirmation deviates from the content of the application, it is a new offer. The contract is concluded on the basis of this new offer, if the booking person declares the acceptance by express declaration, deposit or final payment.

The traveller will receive a copy of the contract document or an invoice or confirmation of the contract on a durable medium (such as paper, e-mail).

If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded outside business premises in accordance with Art. 3 No. 1 FAGG, the traveller agrees to receive the copy or confirmation of the package travel contract on an alternative permanent data carrier (e.g. e-mail).

6.2. The conclusion of the contract results in rights and obligations for the tour operator and for the traveller.

Unless otherwise agreed the traveller is obliged to make an advance payment of 20% of the travel price after receipt of the Invoice / travel confirmation (for bookings less than EUR 250,- at least EUR 25,-). The payment will be offset against the travel price. The balance is due 20 days before departure.

6.3. If a contract is concluded within 20 days before departure, the entire travel price must be paid immediately upon receipt of the invoice / travel confirmation, either by bank transfer to the specified account or via an alternative payment method

6.4. The following individual services are already due upon booking or ticketing: flight, train and ferry tickets and insurance.

If the traveller does not comply with the payment obligations in accordance with 6.2-6.4, the tour operator reserves the right to declare withdrawal from the contract and to demand damages in accordance with the compensation rate.

6.5. When paying by direct debit SEPA Direct Debit, SDD Mondial requires (possibly via the travel agency) a mandate, which allows the debit of your checking account with the price to be paid (arrival and final payment) by direct debit. The mandate is part of the confirmation.

6.6. Unless otherwise agreed, the traveller shall be provided with the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned anticipated departure times and, if applicable, on scheduled stopovers, connections and arrival times at the delivery / contact address last announced by him / her in good time prior to the start of the package tour. If the above-mentioned documents contain incorrectness or deviation / incomplete within the meaning of 4.5. the traveller has to contact the travel agent or tour operator (cf. 4.5.).

7. Substitute Persons

7.1. In accordance with Art. 7 PTD, the traveller has the right to transfer the package travel contract to another person who fulfils all contractual requirements and is also suitable for the package tour (criteria may include gender, (non-)pregnancy, physical condition, required/ adequate level of vaccination/ vaccination protection, certain knowledge and skill set, visas, valid entry permits, non-existence of an entry ban, etc.). If the other person does not fulfil all contractual requirements or is not suitable for the package tour, the tour operator may object to the transfer of the contract. The tour operator must be informed of the transfer of the contract via a permanent data carrier (e.g. paper, e-mail) within a reasonable period of days, but at no less than seven days before the start of the trip. A minimum handling fee has to be paid for the transfer of the package travel contract, as well as for any additional costs incurred.
The traveller who transfers the package travel contract and the person entering into the contract shall be liable to the tour operator as joint and several debtors for the outstanding amount of the tour price and the minimum handling fee, as well as any additional costs that may arise.

7.1.1. The traveller is entitled at any time, in exchange for a compensation fee (rebooking fee), to change the contracted appointment or the duration, unless this is expressly excluded (for example in the context of a group travel with booked return flights).
Depending on the type of travel, there are different compensation packages per person (rebooking fees). The amount of fees for rebooking is regulated in section C, item 1.

7.2. Many airlines, other carriers or service providers treat changes to the traveller's date or name as cancellations and charge them accordingly. If additional costs arise, these will be charged to the traveller (analogous to § 7 (2) PRG).

8. Price Changes Before Departure

8.1. In the package travel contract, the tour operator reserves the right to make price changes after conclusion of the package travel contract but no less than 20 days before the first day of the package tour. The tour operator shall inform the traveller clearly, comprehensibly and explicitly via a permanent data carrier (e.g. paper, e-mail) of price changes no less than 20 days before the start of the package tour, stating the reasons for the price change. This information shall be sent to the last address provided by the traveller.

8.2. Changes to the price of the tour are permissible, if the following fees change after conclusion of the contract:

1. costs of passenger transport resulting from the changes to the cost of fuel or other energy sources;


2. the amount of taxes and levies payable on contractually agreed travel services, such as residence fees, landing fees, embarkation or disembarkation fees at ports, corresponding airport charges and fees for services at ports or airports;


3. the exchange rates applicable to the package.

With regard to 1) any change to the price of the tour shall correspond with the additional amount as calculated by the service provider for bus, train or flight or rather XX% of the travel price per dollar of the price increase of a barrel of fuel (NY-MEX Index), with regard to 2) any change to the price of the tour shall correspond with the full amount of the additional fees, with regard to 3) any change to the price of the tour shall correspond to the change in exchange rates.
In the event of price reductions, the amount of the price reduction shall be refunded to the traveller. However, the tour operator can deduct the relevant administrative expenses from this figure. At the traveller's request, the tour operator shall provide proof of said administrative expenses.

8.3. In the event of an increase of more than 8% of the travel price (as per Art. 8 PTD), 9.4. shall apply. The traveller reserves the right to accept the increase as an amendment to the contract, to agree to taking part in an alternative trip - if offered - or to withdraw from the contract without being obligated to pay a compensation rate. Insurance premiums which have already been paid cannot be refunded to the traveller.

9. Changes to the Service Prior to Commencement of Travel

9.1. The tour operator may make insignificant changes to the provided services, provided they have reserved the right to do so within the contract. The tour operator or the travel agent, provided the package tour has been booked via such an agent, shall inform the traveller clearly, comprehensively and explicitly of the changes via a permanent data carrier (e.g. paper, e-mail) at the address last notified by the traveller.

9.2. Insignificant changes are defined as (whereby this is to be judged in each individual case) minor, objectively justified changes which do not significantly change the nature and/or the duration and/or the service content and/or the quality of the booked package travel.

9.3. Significant changes, which the tour operator is forced to make, may result in a significant reduction in the quality or value of the travel services, if the changes affect essential features of the travel services and/or influence the package travel and/or travel execution. Whether a change or reduction in the quality or value of travel services is to be defined as significant or not, must be assessed on a case-by-case basis, taking into account the nature, duration, purpose and price of the package tour as well as the intensity, duration and cause of the change and, where appropriate, whether any party can be made responsible for the circumstances that led to the change.


9.4. If, in accordance with Art. 9 Para. 2 PTD, the tour operator is moved to make such aforementioned significant changes to the central features of the travel services which define the nature and purpose of the package travel (cf. 4 Para. 1 No. 1 PTD) or if the tour operator is unable to fulfil the requirements of the traveller, which were expressly confirmed by the tour operator, or if the tour operator increases the total price of the package by more than 8% in accordance with the provisions of Art. 8 PTD, the traveller may

• agree to the suggested changes within a reasonable certain period, as defined by the tour operator, or


• agree to participate in an alternative tour, provided this is offered by the tour operator, or


• withdraw from the contract without paying a cancellation fee

For this reason, the tour operator shall, in the aforementioned cases, inform the traveller at the address last provided by the traveller of the following in a clear, comprehensible and explicit manner on a permanent data carrier (e.g. paper, e-mail):

• changes in the travel services and, where appropriate, their impact on the price of the package


• the reasonable period within which the traveller must inform the tour operator of their decision and the legal effect of failing to notify the operator of said decision within the reasonable period,


• where appropriate, the replacement package tour offered and its price.

The traveller is advised to submit their decision in writing. If the traveller does not submit a decision within said period, this shall be understood as agreement to these changes.

10. Itinerary/Changes

10.1. It is possible that the package tour may deviate from the advertised or contractually agreed route, the stops on the trip may be moved or brought forward and/or the planned sightseeing tours may be cancelled or changed due to environmental and weather influences (e.g. rain, wind, avalanches, mud slides, etc.), natural disasters (e.g. earthquakes, floods, hurricanes, etc.), border closures, government regulations, traffic issues, changes in flight times, terrorist attacks, power failures, opening hours changed at short notice, etc. (without any claim to completeness). In such cases, the tour operator will endeavour to offer equivalent alternatives or, if necessary, to make up for omitted activities elsewhere.

11. Warranty

11.1. If there is a breach of contract because an agreed travel service has not been provided or has not been provided adequately (= in violation of the contract), the tour operator shall remedy the breach of contract providing the traveller or their fellow travellers (e.g. family members) have not themselves prompted said breach and/or are not in violation of their duties to cooperate and/or the remedial action is not impeded by the traveller and/or the remedial action would not be impossible or would not be associated with disproportionate costs. The traveller must give the tour operator a reasonable deadline by which the breach of contract must be remedied, whereby the deadline must be assessed in each individual case, based on the type/purpose/duration of the package tour, the notified breach of contract, the time of notification (e.g. late in the evening etc.), as well as the time required to procure an alternate solution e.g. an object (relocation etc.). A deadline must be communicated to the representative of the tour operator on site or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the package travel contract.

11.2. If the traveller fails to comply with their duty to provide information in accordance with item 4.7. or their duty to cooperate (e.g. to view an alternative room offered by the tour operator or to pack their suitcases in order to change rooms etc.) or they set an unreasonably short deadline for the tour operator to remedy the breach of contract or they do not support the tour operator within the scope of what is reasonable in remedying the breach of contract or they improperly refuse the alternative services offered by the tour operator to remedy the breach of contract, the traveller shall bear the adverse legal consequences (cf. item 4.7.).

11.3. If the tour operator does not remedy the breach of contract within a reasonable period of time, the traveller may remedy the situation themselves and demand compensation for the necessary expenses from the tour operator (cf. Art. 11 Para. 4 PTD). The principle of the duty to minimise damage applies, i.e. the damage incurred (e.g. costs for alternative services) must be kept to a minimum, whereby this minimum is to be based on the duration, value and purpose of the journey. In addition, the breach of contract must be viewed objectively.

11.4. If it is not possible to provide a substantial part of the agreed travel services in accordance with the contract, the tour operator shall offer the traveller, at no extra cost, provided this is possible based on the situation and circumstances (on site)(this would be impossible if e.g. only one hotel were available in the booked category), other appropriate arrangements (alternative services) for the continuation of the package tour which, insofar as possible, are of the same or higher quality as the contractually agreed services; the same shall also apply if the traveller is not returned to the place of departure in accordance with the contract. If the other options offered by the tour operator result in a lower standard of package tour than the contractually agreed services (e.g. half board instead of all-inclusive), the tour operator shall grant the traveller an appropriate price reduction. The traveller may only refuse the proposed alternative arrangements if they are not comparable with the services agreed in the package travel contract or if the price reduction granted is not reasonable. If the traveller rejects the alternative arrangement, the traveller must demonstrate that the other options offered by the tour operator are not equivalent or comparable to the contractually agreed services and/or that the price reduction offered is not sufficient.

11.5. If the breach of contract is associated with significant consequences relating to the performance of the package tour in accordance with item 11.3. and if the tour operator does not remedy said breach of contract within a reasonable period of time as defined by the traveller taking the circumstances and the breach of contract in question into account (cf. 13.1.), the traveller may withdraw from the package travel contract without needing to pay a cancellation fee, provided the continuation of the package tour would not be reasonable for the average traveller, and, if necessary, the traveller may assert warranty claims and claims for damages in accordance with Art. 12 PTD. If the traveller withdraws from the package travel contract, they should be aware that this is associated with a certain risk, as both the significance of the consequences of any breach of contract and the feasibility of continuing the tour must be assessed in the subjective individual case (by a judge) and the result of this assessment may differ from the traveller's point of view. If no other alternatives can be offered in accordance with item 13.4. or if the traveller rejects the other alternatives offered in accordance with item 13.4., the traveller is entitled to assert warranty claims and claims for damages in accordance with Art. 12 PTD even without terminating the package travel contract in the event of a breach of contract. If the traveller rejects the alternative arrangement, the traveller must demonstrate that the other options offered by the tour operator are not equivalent or comparable to the contractually agreed services and/or that the price reduction offered is not sufficient. Where passenger transport is included in the package, the tour operator shall, in the cases referred to in this paragraph, also ensure the immediate return of the traveller by an equivalent transport service at no additional cost to the traveller.

11.6. If the tour operator does not withdraw from the package tour, despite being unable to provide services due to unavoidable and extraordinary circumstances (cf. 17.1.) but instead offers replacement services, the additional costs incurred as a result shall be borne proportionately by the traveller.

12. Withdrawal by the Traveller without Payment of a Compensation Rate

12.1. The traveller may withdraw from the package travel contract before the start of the package tour - without paying a cancellation fee - in the following cases:

12.1.1. If unavoidable and exceptional circumstances arise at or in the immediate vicinity of the place of destination, whereby said unavoidable and exceptional circumstances are to be assessed on a case-by-case basis taking into account the scope of the contract and the reach of the particular circumstance which entails the risk, which significantly affect the performance of the package tour or the carriage of travellers to the place of destination in accordance with item 11.3. If the traveller withdraws from the contract in these cases, they are entitled to full reimbursement of all payments made for the package tour, but not to additional compensation (cf. Art. 10 Para. 2 PTD).

12.1.2. In the cases referred to in item 11.4.
The tour operator is to be notified of the traveller’s withdrawal - whereby written form is recommended for reasons of proof (e.g. paper, e-mail).

12.2. The traveller may withdraw from the package travel contract after commencement of the package tour in the cases described in item 13.5 - without being liable for a compensation rate.

13. Withdrawal by the Traveller with Payment of a Cancellation Rate

13.1. The traveller is entitled at any time to withdraw from the contract against payment of a compensation rate (cancellation fee). The tour operator is to be notified of the traveller’s withdrawal - whereby written form is recommended for reasons of proof (e.g. paper, email). If the package tour was booked through a travel agent, then the traveller can also notify said agent of the withdrawal. The traveller is recommended to notify the relevant party of the traveller’s withdrawal via a permanent data carrier (e.g. paper, email).

13.2. The cancellation fee shall be calculated as a percentage of the price of the tour and shall be based on the price at the time the cancellation is made together with the expected savings in terms of expenses and additional earnings from reusing the travel services. If the cancellation fee is inappropriate, it may be moderated by a court.

13.3. Depending on the type of package tour, cancellation fees apply per person. The cancellation conditions are regulated in section C, item 2.

14. No-show

14.1. A no-show applies when the traveller does not leave the country because they do not wish to travel or they do not leave the country due to an action which they are responsible for or due to a random event that happened to them. If it becomes clear that the traveller is no longer able or willing to utilise the remaining travel services, they must pay the compensation rate regulated in section C, item 2.

15. Withdrawal of the Tour Operator Before the Start of the Trip

15.1. The tour operator may withdraw from the package travel contract before the start of the package tour if they are prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and the traveller receives the notification of the withdrawal without delay at the last delivery/contact address provided by the traveller, prior to the start of the package tour (cf. Art. 10 Para. 3 (b) PTD).

15.2. The tour operator may withdraw from the package travel contract before the start of the package tour if fewer persons than the minimum number of participants specified in the contract have registered for the package tour and the traveller receives the notification of the withdrawal of the tour operator at the last delivery/contact address provided by the traveller, within the period specified in the contract, but no later than:

a) 20 days before the start of the package tour for trips lasting more than six days
b) seven days before the start of the package tour for trips between two and six days,
c) 48 hours before the start of the package tour for trips lasting less than two days,

(cf. Art. 10 Para. 3 (a) PTD).

15.3. If the tour operator withdraws from the package travel contract in accordance with items 17.1. or 17.2., they will refund the price of the tour to the traveller, but they will not be obligated to pay any additional compensation.

16. Withdrawal of the Tour Operator Before the Start of the Trip

16.1. The tour operator shall be released from their obligation to fulfil the contract without being obligated to refund the price of the tour if the traveller has prevented the package tour from taking place due to grossly improper behaviour (e.g. alcohol, drugs, non-observance of a smoking ban, disregarding certain clothing regulations e.g. when visiting religious sites or eating food, illegal behaviour, disruptive behaviour towards fellow travellers, non-compliance with the instructions of the tour guide (e.g. regular late arrival etc.), despite receiving a warning, with the result that the itinerary is disrupted or fellow travellers are affected to such an extent that it is possible that the holiday relaxation of third parties or fellow travellers is affected or the purpose of the trip is negated. In such a case the traveller is obliged to compensate the tour operator for the resulting damages.

17. General Risk to the Traveller

17.1. A package tour usually entails a change in the familiar surroundings. The associated general risks to the traveller, such as (without claiming completeness) stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid climate), digestive problems (e.g. due to unfamiliar spices, food etc.), and/or any risk associated with the trip, for example (without claiming completeness) earache during diving trips, altitude sickness during high-altitude trips, seasickness during cruises and much more, are borne by the traveller and are not attributable to the tour operator.

17.2. If, for the above-mentioned reasons, the traveller does not use the services which have been offered to them in accordance with the contract or if they decide to withdraw from the contract for such a reason, they are not entitled to assert warranty claims or claims for compensation for the unused portions of the travel services.

18. Liability

18.1. If the tour operator or service providers which are answerable to the tour operator culpably violate the obligations incumbent on the tour operator, in accordance with the contract with the traveller, then the tour operator shall be obligated to compensate the traveller for the resulting damages.

18.2. The tour operator is not liable for personal, material and financial damages of the traveller which occur in connection with booked services, provided that they

18.2.1. occur as a result of a general risk to the traveller or a possible general risk associated with the package tour, which are risks to be borne by the traveller (cf. 19.1)

18.2.2. can be attributed to the fault of the traveller;

18.2.3. are attributable to a third party who is not involved in the provision of the travel services in accordance with the package travel contract and the breach of contract was neither foreseeable nor avoidable; or

18.2.4. are due to unavoidable and exceptional circumstances.

18.3. In the instance of trips associated with particular risks (e.g. expeditions), the tour operator is not liable for consequences which arise as a result of the materialisation of said risks, provided they take place outside the tour operator’s area of responsibility. The obligation of the tour operator to carefully prepare the package tour and to carefully select the persons and companies entrusted with the provision of the individual travel services remains unaffected.

18.4. The traveller must obey laws and regulations, instructions and orders of the staff on site, as well as rules and restrictions (e.g. bathing restriction, diving restriction etc.). If the traveller fail to observe any of the above stipulations, the tour operator is not liable for any resulting damages to the person or property of the traveller or damages to the person or property of third parties.

18.5. The tour operator shall not be liable for the provision of the service which they have not confirmed or for additional services booked by the traveller themselves on site after commencement of the journey with a third party or a service provider for whom the tour operator is not accountable.

18.6. The traveller is advised not to take any objects of special importance with them. Furthermore, it is recommended that luggage is properly stored and insured (cf. item 5.1.).

18.7. Insofar as the Montreal Convention on International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention on Carriage by Sea 1974 or the Convention on International Carriage by Rail 1980 as amended in 1999 restrict the scope of compensation or the conditions under which a provider of a travel service covered by the package travel contract is liable to pay compensation, these restrictions shall also apply to the tour operator (cf. Art. 12 Para. 4 PTD).

19. Assertion of Claims

19.1. In order to facilitate the assertion and verification of alleged claims, it is recommended that the traveller obtain written confirmation of non-performance or inadequate performance of services or secure evidence, proof and witness statements.

19.2. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.

19.3. In the interest of the traveller, it is advisable to assert claims directly with the tour operator or via the travel agent comprehensively and concretely immediately after returning from the package tour, since longer delays are associated with more difficulties in proving claims.

C) General

The following conditions apply to both Section A and Section B, unless otherwise agreed during booking.

1. Rebooking by the Traveller

1.1. Rebooking
The traveller is entitled at any time to change the payment of a compensation fee (rebooking fee), the date agreed in the contract or the duration, unless this is expressly excluded.

Depending on the type of travel, compensation per person will be charged (rebooking fees) as follows:

1.1.1. for hotel only booking:

• up to 14 days prior to departure EUR 25,- per person
• up to 3 days prior to departure 40%
• after 3 days prior to departure 75% of the travel price

1.1.2. for Chalets & Holiday resorts:

• up to 91 days prior to departure: EUR 25,- one-time
• from 90 days prior to departure a change of date or transfer to another object is only possible with cancellation and new booking (cf. fees in item 2.2.)

1.1.3. for flight or train package travels:

• up to 31 days prior to departure 40%
• up to 15 days prior to departure 55%
• up to 4 days prior to departure 70%
• after 3 days prior to departure 95% of the travel price

1.1.4. for other travel packages (without flight or train):

• up to 31 days prior to departure 20%
• up to 15 days to prior departure 35%
• up to 4 days prior to departure 75%
• after 3 days prior to departure 90% of the travel price

2. Cancellation by the Traveller

A cancellation of the booked travel services is possible at any time prior to departure against payment of a compensation fee (fee) to Mondial. The receipt of the declaration of withdrawal at Mondial is decisive. Declarations received after the office hours (MON-FRI 6pm) are valid only at the beginning of the next working day. it is recommended to explain the cancellation by writing.

2.1.1. cancellation fees for hotel only reservations

• up to 23 days prior to departure 20%
• up to 16 days prior to departure 30%
• up to 8 days prior to departure 50%
• up to 4 days prior to departure 65%
• after 3 days prior to departure 80%
• day of departure (no-show) 95% of the travel price

2.1.2. cancellation fees for Chalets & Holiday resortss

• up to 91 days prior to departure 20%
• up to 65 days prior to departure 50%
• after 55 days prior to departure 100%

2.1.3. cancellation fees for additional services

• for special bookings (eg tickets for opera / theater etc.) the cancellation fee is 100%

2.1.4. for flight and train package travels

• up to 31 days prior to departure 40%
• up to 15 days prior to departure 60%
• up to 4 days prior to departure 80%
• after 3 days prior to departure (+ No-show) 95% of the travel price

2.1.5. for other package travels (without flight or train)

• up to 31 days prior to departure 20%
• up to 15 days prior to departure 40%
• up to 4 days prior to departure 80%
• after 3 days prior to departure (+ No-show) 95% of the travel price

3. Delivery Address - Electronic Correspondence

The delivery / contact address of the traveller is the address last given to Mondial (e.g. email address). Changes are to be announced by the traveller immediately. The traveller is advised to do so in writing.

4. Insurance

4.1. When travelling on holiday, it is important to note that valuable objects, important documents etc. should fundamentally not be taken on the trip. In the case of important documents, it is recommended that copies are made and used, provided copies are accepted. It is not possible to exclude the possibility of theft of valuables and therefore the travellers must take responsibility for this risk themselves. 4.2. It is recommended to take out insurance cover (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.), which guarantees sufficient coverage from the date of the package travel contract until the end of the package tour.

5. Data Protection

5.1. Information about the names of the participants and the whereabouts of travellers are not given to third parties, even in urgent cases, unless the traveller has expressly requested information and the claimant will be notified at the time of booking. The costs of sending urgent messages are borne by the traveller. It is therefore recommended to the travellers to inform their relatives about the exact holiday address.

5.2. Mondial processes personal information in accordance with the latest privacy legislation. (EU GDPR)

5.3. Please find more information about the privacy policy of Mondial here.

6. Travel Agency Security Regulations (Insolvency Protection acc. to EU Directive)

6.1. If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. MONDIAL Gesellschaft m.b.H. & Co. KG is secured by a bank guarantee. The guarantor is the Sparkasse Baden, Hauptplatz 15, 2500 Baden. Europäische Reiseversicherung AG acts as the processor (address: Kratochwjlestrasse 4, 1220 Vienna, emergency number: +43 1 317 25 00). Travelers have to contact the processor within 8 weeks if they receive benefits due to the insolvency of MONDIAL Gesellschaft m.b.H. & Co. KG. Details on the entitlement to exercise travel services from MONDIAL Gesellschaft m.b.H. & Co. KG can be found on the website https://www.gisa.gv.at/abfrage under the GISA number 23570801.

7. Court of Jurisdiction

Lawsuits against Mondial must be filed at the registered office. In the event of a lawsuit of the tour operator against the customer the place of residence of the customer will be decisive. For lawsuit against the customer or contracting partners of the travel contract, the merchants, legal persons under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is unknown at the time when the lawsuit is filed, the place of jurisdiction will be the registered office of the tour operator.

The preceding provisions will not apply,

• if and insofar as contractually mandatory provisions of international agreements that are applicable to the travel contract between the customer and the tour operator, result in favour of the customer or
• if and insofar as mandatory provisions applicable to the travel contract in the EU Member State to which the customer belongs, are more favourable to the customer than the corresponding Austrian provisions.

The tour operator does not take part in dispute settlement proceedings in front of a consumer arbitration board. Please find details on the entitlement to travel benefits of Mondial GmbH & Co. KG on the website https://www.gisa.gv.at/abfrage under GISA No. 23570801.

General Conditions for alpine huts & hut villages

Please read them carefully:

1. Conclusion of the contract/booking

Your booking is a binding offer to conclude a rental contract for the selected rental property for the selected period. Due to the lack of further services, there is no package travel contract within the meaning of the PRG. The contract becomes binding for us when we confirm your registration in writing or by email. Confirmation usually takes place via email. If desired, this can be done by fax or post. This usually takes place immediately, unless further questions are required from our contractual partners.

2. Service Description

The brochure information and the content of the registration confirmation are decisive for our services. All “distances” are to be understood as approximate information and should only give you an approximate impression of the area surrounding the object. It is important to us that many of our properties are located in the wild. Tourist information about the destination is not part of the contract.

3. Payment

3.1 Advance and final payment

Upon receipt of the booking confirmation/invoice an advance payment of 20% of the price in addition to the booking fee amounting to € 25.00 is due immediately. The final payment is due 4 weeks before the start of the rental period. The booking fee is non-refundable in the event of cancellation for which we are not responsible. If a payment is delayed, we are entitled to withdraw from the contract after setting a grace period of 8 days and if you are at fault for the late payment, to claim the damage caused as a result.

3.2 Additional charges

Fees for the individual properties quoted under item "additional charges" are not included in the price and have to be paid directly to the owner on site. In the event of special events the additional charges are to be paid in full and are excluded from price reductions.

3.3 Deposit

When taking over the property, the cabin owner/manager can charge a deposit, which is intended to secure any claims for damages due to damage caused culpably to the rental property or through improper use and to be offset against additional costs. You are obliged to treat the rental property and the inventory within it gently and carefully. You are also required to report any damage immediately. If you culpably breach this obligation, you may be liable for the damage caused. You assume liability for accompanying persons, including minors. The deposit will be refunded after the rental property has been properly returned and offset against additional costs.

4. Occupancy rate of rental property

The residential units may only be occupied by a maximum of the number of people stated in the catalog, unless permission is given for additional people. Children are also considered persons. If the number of people arrive exceeds the contractually agreed number, we can limit the stay to the contractually agreed number of people without being liable to the customer for any resulting disadvantages. If we confirm in writing that there are more people occupancy than stated in the property description, it is usually to be expected that there will be no additional sleeping accommodation or appropriate apartment furnishings.

5. Arrival and departure

Typically, you can take over the rental property from 3 p.m. on the day of arrival. If you have to use local means of transport or lifts to get there, you must comply with their operating times. If the customer fails to fully or partially use the defect-free object, a refund or partial refund of the price paid is not possible. Anyway, the rental property must be returned clean-swept. Usually you are expected to leave the rental property by 9 a.m. on the day of departure.

6. Pets

It is generally not allowed to bring pets along - more information concerning this you will find in the description of the property. Pets must be listed on the registration. It is prohibited to bring more pets than stated when booking. Excess pets can be turned away.

7. Changes in services and in price

If the booked rental property cannot be made available due to circumstances for which we are not responsible, we can withdraw from the contract and cancel the booking. Of course, we will then try to offer an equivaltent replacement object, but we are not obliged to do so. If no alternative object can be found or you do not accept the alternative accommodation, the full travel price will be refunded to you.

We reserve the right to correct errors and gross calculation errors before the contract is concluded. You will of course be informed about this before booking. Deviations of individual services from the content of the contract that occur after the contract has been concluded and that were not brought about by us contrary to good faith are permitted if the deviations are objectively justified, minor and reasonable for the customer.

8. Cancellation

8.1 No right of withdrawal according to FAAG

The FAGG generally applies to distance selling and off-premises contracts between entrepreneurs and consumers. However, services in the areas of accommodation and in connection with leisure activities are expressly excluded from the right of withdrawal in accordance with Section 18 Paragraph 1 Z 10 FAGG, provided that a specific time or period is provided for the fulfillment of the contract.

8.2 Cancellation with cancellation fee

You can withdraw from the contract at any time before the rental begins by making a written declaration and paying the cancellation fees. Since it is usually impossible to find a replacement tenant for the huts and holiday homes at short notice, please understand our increased cancellation conditions and rates.

In the event of a cancellation, our claim is:

• Until 364 days prior to the rental period we charge nothing
• 363 until 301 days prior to the rental period we charge 10 %
• 300 until 203 days prior to the rental period we charge 15 %
• 202 until 91 days prior to the rental period we charge 20 %
• 90 until 56 days prior to the rental period we charge 50%
• 55 until 35 days prior to the rental period we charge 75%
• from 34 days prior to the rental period we charge 90%

Declarations of withdrawal, rebookings and changes in booking become effective on the day we receive the statement in written form. Declarations that arrive out of our office hours are valid not until the beginning of the next working day. Any savings or resulting benefits will be credited. Any savings or benefits that exceed the difference between the rental price and the cancellation fee will be taken into account, but not the booking fee.

9. Cancellation insurances

Please note that we do not include insurances in our services. We recommend to contract a cancellation insurance along with your booking.

10. Messages

Report any complaints or defects immediately - telephone number: 00 43 (0) 22 43 - 31 689 or via mail info@huettenpartner.at . This is the only way that any defects can be eliminated immediately. The omission of this notification can be counted as contributory negligence and may reduce any claims for damages.

11. Performance defects

You can demand a price reduction or terminate the contract if deficiencies in performance affect the use of the rental property in more than just a minor way and no remedial action has been taken within a reasonable period of time. In the event of termination, however, you must pay for the services used less any price reduction.

12. Liability

Our liability, apart from personal injury and breach of primary contractual obligations, is excluded in cases of slight negligence.

13. General

All information in our online catalog is as of December 2023. All types of information are provided to the best of our knowledge and belief.

Hüttenpartner Alm- Ski- und Wanderhütten Vermietung GmbH Sitz A-3400 Klosterneuburg
The law of the Republic of Austria is decisive.