GENERAL CONDITIONS OF TRAVEL

In addition to the general regulations laid down by the law on travel agreements, we would like to draw our customers' attention to the following conditions which they accept with their booking confirmation:

1. Completion of the travel booking contract, confirmation of booking
When you request a booking you - as a client - enter a binding contract with Mondial GmbH & Co KG, Operngasse 20b, 1040 Vienna. This can be made either in a written form, orally or by telephone. The requester now enters a contract obligation for all participants which were mentioned in the inquiry.
For us as a travel operator the reservation contract is binding as soon as we confirm you the booking and the price of your journey in a written form via your travel agency. If the content of the travel confirmation differs from the content of your request, a new offer has been made, which we are obliged to maintain for 10 days. Within this deadline you the booker of the request, are obliged to inform us whether you wish to finalise the travel booking contract on this basis with the operator or not.

2. Payment:
2.1. 10% of the total costs of the reservation are to be paid upon confirmation of the booking (EUR 12,- for bookings less than EUR 250,-). The prepayment will be counted against the price of the journey. The outstanding balance has to reach us 14 days before departure. You will not receive the travel documents until the reservation has been fully paid. If this amount has not been paid in full, we are not obliged to deliver the documents. Further we are allowed to withdraw from the reservation contract or claim damages for default.
2.2. Cancellation charges have to be paid immediately.

3. Services, prices:
3.1. The extent of the services included in the contract is completely limited to the services outlined in this catalogue and the relevant details in the confirmation of the reservation. Alternative arrangements, which affect the services listed in the contract, must be confirmed in a writing form. However the travel organizer expressly reserves the right to change details in the offer before completion of the contract for objectively authorized, significant and unpredictable reasons.
3.2. If your booking covers different travel seasons, the price of the journey will be calculated proportionately, according to the relevant valid price table in the catalogue.
3.3. Any additional brochures (for instance local town or hotel brochures) which have been consulted while making the booking are for information purposes only and their contents cannot be guaranteed.

4. Contract alterations:
4.1. Price variation:
The travel organiser reserves the right to increase the prices confirmed at the time of booking, provided that this is for reasons beyond his control and that the date of travel is more than two months after the completion of the contract. Such reasons may be the increase of fuel, rates, fees, taxes and exchange rates. Additional reasons for an increase in price must be declared when the contract is concluded. Price revisions may only take place within the two month period, if the reasons are detailed at the time of booking and stated on the booking document. The client must be informed of any price increases and their cause. If the cost of travel is increased by more than 10% the client is entitled to withdraw from the contract without any cancellation charge.
4.2. Changes in services after commencement of travel
If the travel program cannot be carried out after the start of travel because of any unforeseeable and with all due care unavoidable reason, then the travel organiser (tour escort or his or her representative) will do his or her best to offer alternative arrangements so that the character and, as far as possible, the purpose of the travel program remain. If this is not possible the travel organiser will try to provide alternative services to the best possible conditions, providing the client gives his or her consent to it. If this is not possible either, the client is entitled to a refund of the full cost of the amount including the total travel cost for the non-delivered service. The client must also be brought back, providing that a return transportation is included in the contract.

Provision of information to a third party:
Information concerning the names of the travel participants or their whereabouts will not be passed on to a third party, even in cases of urgency, unless the travelling person has expressly asked for information to be passed on. Any costs which arise through the delivery of urgent messages will be borne by the client. Travel participant are therefore advised to leave exact details of their whereabouts to their friends or family.

6. Cancellation by the client, change of reservation or in person travelling:
6.1. In addition to the client's legally existing cancellation rights, the client may also cancel the booking before the start of travel for the following reasons, without facing any charges by the travel organiser:
1. If there is a change in services, when this change is not reasonably acceptable to the client, in particular when the reason is neither factually justified nor minor. Non-minor reasons are especially changes which affect the purpose or character of the travel arrangements.
2. When an increase in price exceeds more than 10% of the agreed reservation cost (see paragraph 4.1. price variation). The travel organiser is obliged to immediately inform the client directly, or through the respective travel agency, of any changes and their causes. At the same time he must advise him that a non-reply on behalf of the client will be understood as an acceptance of the changes. Providing that the travel organiser is more than a little responsible for the events which entitle the client to withdraw, the travel organiser is liable to pay damages to the client.
Cancellation fees for flight package tours, charter aviation or conventional hotel bookings:
Up to 23 days prior to departure 20%, however at least EUR 25,- per person,
Up to 22–16 days prior to departure 30%,
Up to 15–8 days prior to departure 50%,
Up to 7–4 days prior to departure 65%
Up to 3–1 days prior to departure 80%.
On the day of departure or in case of absence (No-show) 100%.         
A no-show occurs when a client does not appear at the time at the time of travel, either because he or she wishes no longer to travel or is hindered through an accidental event.
A combination of a flight package tour often needs the use of special tariffs from network carriers, and the conditions of these tariffs differ from the here expressed cancellation and changing fees. In this case the travel organiser separately makes the client aware of the respective changes on the balance/travel confirmation.
We suggest our clients to take out a travel cancellation insurance. It would be a pleasure for us to make you an offer on your request.
In case of cancellation or other non-purchases of transport documents or other service vouchers a refund according to our conditions can only be carried out, when the original of the transport document resp. service voucher is returned to us.
Cancellation fees for (train) ticket reservations:
If the tickets cannot be resold, the full cost (100%) will be charged. For tickets which have definitely been confirmed and which are sold to other clients, there will be a charge of 20%.
Alteration fees:
Alteration fees (up to 1 day prior to arrival): EUR 25,-, for train and flight package tours and charter aviation, the expressed cancellation fees are to be considered as the alteration fees.
6.2. Up until the start of the travel reservation, the traveller can request that a third person enters into the rights and obligations of the travel contract instead of him or herself. The travel organiser can refuse to accept the third person if this person does not fulfil any necessary requirements for travel or his or her participation is against legal regulations or official instructions. If a third person should enter into the contract then both he or she and the original traveller are jointly liable to the travel organiser for the payment of the costs of the travel arrangements and any additional costs which may be occurred by making this change.

7. Services which are not consumed:
If you are unable to consume certain travel services because you had to end your stay before the planned date or for other urgent reasons, we will try to obtain a refund for the unused services from our suppliers. This is not possible if the services are totally insignificant or if a refund would be against legal or official regulations.

8. Annulment of contract due to unusual circumstances:
If the travel arrangements are complicated, endangered or negatively affected by circumstances beyond our control which were not unforeseeable when the contract was completed, then both you - the traveller - and we - the travel organiser - may terminate the contract. If the contract is terminated we can demand appropriate compensation for services which have already been consumed or which are yet to be delivered in order to end the travel arrangements.

9. The travel organiser's liability:
Within the bounds of a respectable merchant's obligation to care, the travel organiser is liable for:

• precise planning of the travel arrangements,
• the careful selection and control of the suppliers,
• the accuracy of the description of all the travel services as they appear in this brochure, providing that the travel organiser has not advised a change in the offer details before the completion of the contract, as mentioned in paragraph 3,
• The proper delivery of agreed services.

10. Legal basis for service complaints:
10.1. Warrantee:
The client has the right to claim for services which have not or not satisfactorily been delivered. The client agrees that, instead of his claim for change or a suitable reduction in price, the organiser will provide a faultless service with an appropriate time limit, or improve the unsatisfactorily service. Remedial action may take place in a way that the fault is amended or an equivalent or superior substitute service provided which also meets the client's expressed approval. It is therefore absolutely necessary to inform the respective supplier of the fault immediately, or to contact the organiser directly and request remedial action.
10.2. Recovery of damages:
If the organiser or his agents should be guilty of violating the organiser's duties as laid down in the contract, then the latter is obliged to provide compensation to the client for the arising damages. When the organiser vouches for other people than his own employees, he is only liable when he does not prove that these were acting with intent or with culpable negligence. Apart from cases of intent and culpable negligence the travel organiser is not liable for any items which are not normally taken along, unless, aware of the circumstances, he or she has taken them into safekeeping. The client is therefore advised not to take any items of particular value with him or her. In addition we recommend that any items which are taken on the journey are to be kept safely. It is the duty of the client to minimise the damages as far as possible. That means in particular that he or she must register his or her complaint and demands without delay. If the client fails to do so, then his or her right to compensation for any further damages which may not have arisen if he or she had registered his or her complaint immediately, diminishes or becomes non-existent.

11. Duty to cooperate:
If you have any complaints or criticism, you yourself must contact the organiser. In order to handle any claims, for example inferior services, it is essential that there is a written confirmation from the person whom you presented the complaint. The traveller's claims can only be discounted when he or she cannot be held liable.

12. Assertion of any possible claims:
In order to facilitate the assertion of claims it is recommended that the client obtains a written confirmation of the non-provision or unsatisfactorily nature of services, or makes sure that he or she has documents, proofs and witnesses. All claims can only be dealt within 6 months and claims become invalid after 3 years. In the interest of the traveller it is recommended that all claims should be made to the organiser immediately after the traveller's return, or through the travel agency acting on his or her behalf, because the longer the delay the more difficult it is in general to prove the matter.

13. Ineffectiveness of certain points in the contract:
If certain points in the contract become ineffective, this does not mean the whole of the contract to be ineffective.

14. Court of jurisdiction:
Claims against the travel organiser should be made to the company headquarters.

15. Price alterations up until the time of booking in your travel agency are reserved.
The details of this catalogue were correct at the time of getting into print in June 2006. The correction of printing errors and obvious mistakes in calculation is also reserved without any special notification. Despite careful processing, all details are subject to change.

16. Passport, visa- and health regulations:
The travel organiser is responsible for informing citizens of the country in which the travel arrangements are being offered about passport, visa and health regulations, as well as eventual changes before the start of the journey. For citizens of other countries information can be obtained from the appropriate consulate. [top of page]