Terms & Conditions
The “Allgemeine Reisebedingungen” in their most recent version (ARB 1992) form the basis of the terms and conditions of the travel agency TakePlace e.U. In addition we would like to draw your attention to the following conditions which are obligatory with your booking. The customer is called client hereafter. The contractual language is German.
1. Conclusion of the contract:
You make an offer towards the travel agency TakePlace e.U. which can be carried out in writing, orally or by telephone. By booking for a group you declare with the booking that you are sufficiently authorised by the participants. Moreover, each participant has his own obligations to the contract. Your booking is only binding for us from the moment when we have reconfirmed the contents and the price of all services in writing. Any amendment of the contract requires a written reconfirmation from us.
Unless the terms of payment are separately agreed upon in individual contracts, the following terms apply: When the contract is concluded, 10% of the price for travel must be paid. The outstanding payment must be paid at the latest 21 days prior to departure. If the outstanding payment has not arrived at TakePlace e.U. by that date, TakePlace is authorised to withdraw from the contract and to demand compensation from the client. The client is liable for the cancellation charges.
3. Amendments to the contract
TakePlace e.U. reserves its right to raise the price in the following cases: change of fuel prices, change of rates, fees, dues, taxes and exchange rates. From 20 days on before start of the journey TakePlace is not permitted to change prices. In the event of a decrease in these costs the price for the trip will be cut to the same extent. In the event of an increase in price of more than 10% for the trip, the client has the right to withdraw from the contract.
Alteration of service:
In the event of unforeseeable circumstances near departure or during the trip (e.g. disease of a tourist guide, an artist or non-appearance of means of transport or the like) on which TakePlace e.U. has no influence or knowledge, TakePlace e.U. will aim to maintain the characteristics and aims of the trip. Should this not be possible, TakePlace e.U. reserves its right to change the services and will offer appropriate compensation to the client.
4. Conclusion of a travel insurance contract:
We strongly recommend our clients to take out an appropriate travel insurance contract (cancellation and health insurance). Offers to this effect can be found on our website under “Travel Insurance”.
5. Cancellation conditions
Any cancellation conditions which differ from the ARB 1992 can be found in each booking confirmation. If no cancellation conditions are declared, the cancellation conditions of the ARB apply. The client must transmit any statement of withdrawal from the contract in writing to “TakePlace”. The statement of withdrawal from the contract is considered as obligatory from the moment of confirmation by “TakePlace”. The client is liable for all cancellation charges incurred until this time, and all other incurred commitments. In the event of No-Show the cancellation charge constitutes 100% of the travel costs.
6. Services which have not been called upon
The alteration and cancellation of services or services that have not been called upon during the trip can not be compensated.
7. Additional Services which the client calls upon
If the client or participant of the reserved trip claims additional services with a service provider (e.g. consumption of additional food and beverages, deliberate delay of a transfer, booking of an additional transfer, booking of an additional hotel room, extension of rentals of miscellaneous accommodations) in spite of non-existence of a written agreement by TakePlace e.U., the client is liable for all costs incurred and additionally for potential injuries to persons, damage to property and financial losses which relate to the usage of those additional services. This liability exists towards TakePlace e.U., the service provider and towards the other participants of the trip or of the event.
8. Notification of deficiencies
In case of a lack of, or faulty execution of services the client has a warranty claim. The client agrees to the fact that, in compliance with the warranty claims of its clients, TakePlace e.U. conveys the correspondent warranty claims of its service providers belonging to TakePlace e.U. upon the clients. Furthermore, the client agrees that TakePlace e.U., instead of meeting his claim to replace the service or to reduce the price, performs a service without deficiencies or corrects the poor service within a reasonable period of time as far as this is compatible with the character of the service that is supposed to be performed. The client must notify TakePlace e.U. about deficiencies immediately after the occurrence of the deficiency in writing. If the client does not attend to his duty of notification, the expiration of all his claims is provided for.
9. Declaration of possible claims
Warranty claims can only be lodged within 6 months. The limitation begins on the day the trip ends according to the contract.
Liability of “TakePlace” is excluded in the event of delay or services which have not been carried out which are caused by circumstances beyond the control of TakePlace e.U. These include for example acts of God, strikes, terrorist attacks, revolutions, outbreak of hostilities, riots, civil demonstrations, acts by governments and authorities (including, but not limited to the denial of licences or permits), explosions, floods, fire, thunderstorms, fog or bad weather, sickness, engine trouble, looting, interruptions or breakdowns in the public services (including, but not limited to electricity, gas, water and telecommunication), renovations, locking-out or boycott, embargoes and blockades instigated by the hotel.
The liability for financial losses through slight negligence is excluded, in other cases limited to a maximum of double the cost of the trip, however not exceeding 5.000 Euros.
The liability for damage to property and other damage due to slight negligence is excluded, in other cases limited to 10% of the cost of the trip, however limited to a maximum compensation sum of 5.000 Euros.
TakePlace e.U. assumes no liability within the limits of legal regulations for damages or losses that could result from or in connection with the utilisation of the contents of the TakePlace e.U. website. This also applies especially to malfunctions, bad components, lack of availability of the website as well as loss of programmes or electronic data. The links at www.takeplace.at will let you leave the website of TakePlace e.U. The linked sites are not under the control of “TakePlace” and thus TakePlace e.U. is not liable or rather responsible for the contents and utilisation of these websites.
12. Attendance at sportive activities
The client takes note of the fact that the attendance at sportive activities takes place at his own risk. The participant is instructed to take out an appropriate insurance contract.
14. Copyright information
All contents of the website www.takeplace.at are copyrighted. You may not modify the content of this website or copy, store or make it available to the public for any commercial purpose without TakePlace e.U.’s prior explicit and written permission.
15. General terms
a.) These terms and conditions shall be exclusively governed by Austrian law.
b.) If any of the provisions of this contract should be invalid or become invalid, the validity of the remaining provisions shall not be affected. The invalid provisions or provisions that have become invalid are replaced by provisions which are most likely to correspond economically to the spirit and purpose of the invalid provisions or the provisions that have become invalid.
16. Place of jurisdiction
Any disputes arising directly or indirectly hereunder will be settled before a court of law in Vienna.
Valid: until 31.12.2015