AGB

In accordance with the following decrees and laws

§ 73 Abs. 1 GewO 1994, §8,

§ 6, BGBI. II Nr. 401/98

the travel agency may act as agent or tour operator.

The agent accepts the obligation to make an effort to provide an entitlement for services of other parties (operators, carriers, hoteliers).

The tour operator is the company either offering one or more touristic service in a package, or promising to render individual touristic services on own account, and, in general, provides its own brochures and advertisements for this.

If third party services are arranged (e.g. optional trips at the holiday resort), the company acting as tour operator may also act as agent if it refers to this function as agent.

Hunting trips fall under special conditions, these will be discussed in the following. Therefore, we kindly ask you to read the following paragraphs carefully. By signing the application form for a hunting trip, you certify that you have read and accepted the terms and conditions of the contract.

1. Booking / contract conclusion: By signing the application form (booking) you charge the travel agency to plan and organize the travel. With the signed application (booking) you certify that you have read and accepted the General Terms and Conditions. Upon your application, you shall receive a written travel confirmation, thus concluding the travel contract. If third party services are arranged from a foreign country, foreign legal practice may be employed. Whoever completes a booking for himself or for a third party, is regarded as principal contractor and in default of differing declarations, accepts the obligations under the contract award towards the travel agency (payments, contract cancellation, etc.) In the booking, the travel agency may request a service charge and a (minimum) deposit. Both the balance and the compensation of cash expenses (telephone expenses, fax costs, etc.) become due upon the hand-over of the travel documents (these do not include personal documents). You can end the travel contract anytime, in accordance with the offer made prior to the contract conclusion and with the conditions of the cancellation. So that the travel agency can comply with the formalities (visa, gun licenses, hunting-, and shooting licenses) within the deadlines, the documents that the travel agency requests (passport, EU gun passport, passport photos, details of the gun(s), and the like) should arrive at least 40 days prior to the start date of the travel. In case these documents do not arrive by the deadline, the travel agency cannot guarantee that the booked travel can be organized according to the plans, as the partners of the travel agency also work according to preset deadlines. In case this deadline is not met, the customer is supposed to bear the extra costs and the cancellation fees resulting from missing the deadlines; as the local hunting provider cannot sell the travel to another customer within such short time.

2. Payment and deposit conditions: You are informed about the payment conditions upon receiving the travel offer from the travel agency. Along with the travel confirmation, you shall receive the bill about the specified deposit to be paid, which cannot be more than 20% of the total calculated price of the travel. The remaining balance should be paid upon receiving the travel documents, 14 days prior to the start date of the travel at the earliest. In case the deposit is not paid – despite the demand for payment –, providing the travel documents cannot be claimed. In this case, the travel is considered to be cancelled and all expenses incurring are to be settled by the customer. The final bill is calculated based on the signed hunting records. Settling the final bill is due upon receiving the bill. All payments should be made to the travel agency, unless a different agreement is signed. Direct payments to local providers or to third parties cannot be made, such payments are not recognized, these cannot be claimed. The local hunting provider retains the possession of the trophies until the final bill has been settled by the customer. Unless otherwise agreed in writing, the trophies are sent out only after the following costs are paid in full: hunting and trophy expenses; shipping and customs clearance charges; customs duties.

3. Services: The nature of the services are clearly defined in the offer and in the contract. Differing agreements made with the local providers or third parties are not recognized, these cannot be claimed. Information on passport, visa, foreign currency, customs and health regulations: It is commonly known that a valid passport is needed for travels abroad. The travel agency must inform the customer about the corresponding foreign passport, visa and health entry provisions and – upon request – about foreign currency and customs regulations if this information can be obtained in Austria. The customer himself is responsible for compliance with these regulations. If possible, the travel agency – at an extra charge – takes charge of the provision of a visa that might be necessary. Upon request, the travel agency – if possible – gives information about special regulations for foreigners, stateless persons as well as persons holding a double citizenship. The travel agency is obliged to present the service of the tour operator or the service provider to the best of its knowledge in consideration of the characteristics of the arranged contract and the circumstances in the respective country or destination.

4. Legal status and liability: The travel agency’s liability covers the thorough selection of the respective tour operator and / or service provider as well as the thorough analysis of gained experience, the unobjectionable provision of services including the corresponding information of the customer and the delivery of the travel documents, the demonstrable forwarding of notices, declarations of intent and payments between the customer and the procured company and vice versa (like e.g. of changes in the agreed service and the agreed price, notices of cancellation, complaints). The travel agency will not be liable for the provision of the service procured and / or obtained by it. Together with the travel confirmation, the travel agency must notify the customer about the company name (product name), the address of the tour operator and – if applicable – of an insurer, if this information is not already contained in the brochure, catalogue or other detailed means of advertising. If the travel agency fails to do so, it is liable towards the customer as operator and / or service provider.

5. Impairments of performance: If the travel agency violates the duties incumbent on it under the contractual relationship, it is obliged to compensate the customer the resulting damage unless it proves that it has neither acted intentionally nor in a grossly negligent way. For breaches of contract due to slight negligence, the travel agency is obliged to compensate the customer the resulting damage up to the amount of the commission of the procured business.

6. Price revisions: The tour operator reserves the right to increase the travel price confirmed in the booking for reasons not depending on his will if the period between the conclusion of the contract and the departure is longer than two months. Such reasons only include changes in the transportation costs, e.g. the fuel costs, the dues, taxes or fees chargeable for certain services, like landing taxes, embarkation and disembarkation fees in harbors and corresponding fees on airports or the exchange rates to be applied to the particular package. During the 20 days prior to the departure date stipulated, the price stated in the contract shall not be increased.

7. Hunting records: The hunting records are the only basis for the calculation of the final bill. The hunting records have to be kept in German language, on the language of the country, and on a language that is mutually understandable for both the customer and the hunting provider. The records have to include the services used / purchased, shots, weights and sizes of trophies. The validity of the data in the records are confirmed by the customer and the hunting area. Moreover, the hunting records are the only basis for any possible complaints. Complains have to be reported provably then and there to the provider of the service and via telephone to the travel agency. Each complaint – even if it has been handled – has to be registered in the hunting records. Complaints that are not registered in the hunting records shall not be recognized. It is advisable to validate any possible complaints in writing in the travel agency’s office within 7 days from the end of the travel, complaints dated later can be difficult to prove.

8. Cancellation by the tour operator: We, and the local hunting provider reserve the right to cancel the contract anytime due to exceptional and unforeseeable events that cannot be influenced by the party. These events include vis major, war, act of terrorism, strike, public riots and situations similar to war, natural disasters and any event that make the planned travel impossible to carry out. The same applies to situations when the minimum number of participants specified in the advertisement is not achieved. In these cases, the travel agency is not considered to be liable. In such cases, the travel agency shall do his best to offer a replacement travel in a similar or higher value. This replacement travel has to be accepted, unless it is proven that accepting this travel goes beyond the bounds of acceptability. If the travel agency cannot offer a replacement travel, the deposit is refunded in full to the customer.

9. Travel, deposit and travel agency insurances: Viola Jagdreisen is a travel agency that acts as travel agent, not as tour operator. We have a valid special insurance at Care Consult Insurance Company (Kratochwjlestrasse 4, A-1220 Wien) for travel agencies.

   The insurance covers:

   • Financial damages caused by the travel agency’s activity as agent.
   • Civil damages for the travel agency;
   • Financial damages due to incorrect calculation and employment of tariffs.

   Deposit:

   • In accordance with § 7 Abs. 1 Ziff. 4 RSV we inform you that we accept deposits (maximum 20%) earlier than 2 weeks before the start date of the travel.
   • Deposits are accepted 11 months before the end of the respective travel the earliest.
   • Deposits that are paid earlier than 11 months before the end of the respective travel or are more than 20% are not covered by the RSV insurance.

10. Cancellation by the customer: In accordance with the cancellation conditions (given as an appendix to the contract) the customer may cancel the contract anytime. Cancellation of the contract is only possible in writing. The date showed by the postmark is considered as the date of the cancellation. In case of cancellation – regardless of the reason of the cancellation – unless there is another agreement, the following cancellation fees apply.

    If the cancellation takes place:

    • until 61 day prior to departure, 30% of the total calculated price of the travel is charged as cancellation fee.
    • 31 to 60 days prior to departure, 50% of the total calculated price of the travel is charged as cancellation fee.
    • less than 31 days prior to departure, 100% of the total calculated price of the travel is charged as cancellation fee.

    The reason for the establishment of the cancellation conditions: licenses and hunting documents are generally issued under the name of the customer, and cannot be transferred to another customer. Thus, the local hunting provider suffers significant financial damages due to cancellations that cannot be compensated, as it is impossible to find a substitute customer in such a short timeframe. Our prices do not include travel cancellation insurance or baggage insurance. It is advisable to arrange a suitable insurance package, a relevant offer is included in the travel offer that you get from the travel agency.

11. Break journey, returning before the planned end of the travel: In case a travel is broken before the planned date by the customer due to any reason, the full calculated price of the travel has to be paid. All extra charges, transfer of tickets, transfer-bookings, hotel charges and the like has to be settled by the customer.

12. Insurances: The programs and the services offered by this travel agency do not include insurances. The customer has to take care of having an international hunting insurance, and inform the travel agency about the reference number of this insurance. Additionally, we advise to arrange a travel, a cancellation insurance and a baggage insurance. The travel agency cannot take responsibility for any damages that arise in connection with the travel and the customer, the local provider or a third party suffers.

13. Flight tickets: The travel agency offers to take charge of the provision of the flight tickets at a small extra charge if you charge us with this task. Then, this is a binding agreement, after the flight tickets are issued, these have to be paid for. Re-bookings , changes of dates or cancellations always incur extra charges that have to be paid for by the customer.

14. Vis Major: If the customer changes or breaks journey and hunting due to a Vis Major event (strike, war, public riots, terror, epidemics, natural disasters, fuel shortage or other reasons with similar effect) occurring during the travel, the re-bookings, hotel charges, transfer charges and all charges in connection with these have to be paid for by the customer.

15. Other provisions: The fact that certain points of the contract cannot be completed gives no reason to end the contract in case a replacement service of the same, or higher value is offered by the travel agency. All our offers or offers that can be found on our website apply to conditions as of 1st August, 2010, allowing for the possibility that certain mistakes occur in the printing or in texts.

    No parts (excerpts or whole) of our documents or website may be reproduced or copied, persons doing so have to bear legal responsibility.

16. Legal remedy: Based on the current Terms and Conditions, all the contracts between Viola Jagdreisen and the customers, including the preparation, negotiation and conclusion of the contracts abide exclusively by the Austrian law. All legal issues that arise between the parties of the contract fall under the range of effect of the Eisenstadt District Court, the proceeding decision-maker authority in charge where the premises of Viola Jagdreisen belong.