Terms and Conditions for package tours of ErasBus Trips
1.1. With booking/signing up, which can be in written form, with e-mail, orally or via the internet, the traveler bindingly offers the conclusion of the contract to the tour operator according to the tour description. The tour operator will immediately confirm the arrival of electronic bookings via email. This arrival confirmations does not represent a booking confirmation.
1.2. The contract will be solely concluded by written arrival of the booking confirmation. This does not apply to bookings that are made 7 days or less before travel begin, in this case the conclusion will be also effective with oral or telephonic confirmation.
1.3. The traveler that is issuing the booking is liable for all obligations of people he included in his/her booking, if he/she accepted this obligation in expressly written form.
1.4. If the content of the booking confirmation differs from the content in the tour description, a new offer of the tour operator has been made, which is binding for the upcoming 10 days. The contract is being concluded if the traveler accepts the new offer within the given time.
2.1. An insurance certificate is not to be handed over if the trip does not exceed a duration of 24 hours, no overnight stay is included and the trip price does not exceed €75.
2.2. With conclusion of the contract, a payment of 100% has to be made.
2.3. The possible remaining payment is payable till 29 days prior tour start if it is certain the the trip will happen and can not be cancelled due to in clause 7.2 named circumstances. In case of booking of multiply tickets, the down payment and remaining payment need to be made within one payment each.
2.4. In case the down payment and/or remaining payment is not being made within the mentioned times, the tour operator is entitled to withdraw the contract after reminder with payment deadline. In this case the tour operator is entitled to charge compensation fees according to clause 5.3.
2.5. In case the down payment has been agreed, the insurance certificate has been delivered and the tour operator is able to perform the booked service, the tour operator is entitled to refuse the use of the booked service if the full payment has not been made. The right of the traveler to withhold a controversial, from the tour operator demanded price raise after conclusion of the contract, remains unaffected.
3.1. The service obligation of the tour operator arises solely from the content of the booking confirmation and the related service description as well as the agreements that have been made between the traveler and the tour operator.
3.2. Service providers (accommodations, food establishments, sport provider, transport companies for ship, bus, plane, any means of transport, city guides, etc.) are not entitled from the tour operator to make any assurances or reach an agreement, that exceeds or contradicts the tour description of the tour operator, whose offer or booking confirmation or changes the agreed content of the contract.
3.3. City-, Accommodation- or establishment-brochures, that are not handed over by the tour operator are non-binding for it, insofar as they haven’t been made part of the contractual service of the tour operator.
3.4 Exact departure times and exact departure locations may be changed until 3 days before trip start or on short notice due to severe issues such as road blocks, etc.
Alternations and deviations of the agreed content of the travel contract, that have been necessary after conclusion of the contract, and that haven’t been caused in bad faith of the tour operator, are allowed, insofar as the alternations oder deviations are not significant, not leading to a significant alternation of the service and not compromise the entire performance or the booked trip. Possible warranty claims remain unaffected, insofar as the alternated service does show any imperfection. The tour operator is obliged to inform the traveler immediately about any service alternation or service deviation. Where necessary, the tour operator will offer the traveler a change of booking or to withdraw the contract at no charge.
5.1. The traveler is entitled to withdraw of the contract until 7-days before the trip. Within 7-days to trip only 50% of the payment can be refunded. The tour operator recommends to declare his/her withdraw in written form.
5.2. In case the traveler withdraws the contract or does not show up to the trip, the tour operator is entitled to claim compensation for the prior made trip arrangements and for the resulting expenses. For the calculation of the before mentioned expenses the tour operator considers the usually saved expenses and the usually possible other usage of the service.
5.3. The tour operator is entitled to claim its compensation generally as a percentage of the full tour price according to the following breakdown and the time left between the withdraw and start of the trip. Cancellations are only after confirmation from booking office.
5.4. The traveler’s right to proof that the tour operator has no or significantly less costs than mentioned above stays untouched. In this case, the traveler is obliged to pay the lower costs.
5.5. Instead of a general compensation according to the before mentioned regulation, the tour operator is entitled to claim its specific occurred costs respectively to the legal regulations. Those can also be higher than the before mentioned general compensations. In this case, the tour operator is obliged to proof the made expenses in detail.
5.6. If after conclusion of the contract but no later than 7 days before the tour start, due to requests of the traveler, trip changes for dates which match those days in the trip description, occur, the tour operator is entitled to charge a change of booking fee of 15€. Request to change the booking, that occur after 7 days before the trip can only be done, if possible at all, by withdrawing the contract under the conditions in clause 5.3. and simultaneous new registration. This does not affect changes in the booking that only cause minor costs.
5.7. The right of the customer to name a surrogate remains untouched through the above mentioned regulation. The tour operator is entitled to charge a fee for the change of booking. For a name change or departure city change that is requested till 8 days prior to trip departure, a fee of 15€ applies, per traveler. For package tours including flights, the tour company needs to be contacted if a name change is possible. For any name change/departure city change (if possible at all) that occurs from the 7th day prior to the trip, a fee of 50€ applies.
5.8. The conclusion of a travel cancellation insurance as well as an insurance to cover the costs for repatriation in case of sickness or accident is highly recommended as those are not included in the tour package price.
In case the traveler does not make use of single tour package services due to an early return voyage or other compelling reasons, the tour operator will make an effort to to get a refund from the service providers due to the saved disbursals. This obligation lapses if the service is irrelevant or if the refund is impaired by official or legal clauses.
7.1. The tour operator is entitled to terminate the travel contract without previous notice after the start of the tour. This applies if the traveler disturbs the trip despite a warning or if the traveler acts in violation of the contract in a great measure so that the immediate cancelation of the contract is justified. An immediate exclusion from the trip can also be taken into consideration if the traveler commits a crime (e.g. criminal damage, stealing, bodily injury, drug consumption). If the tour operator terminates the travel contract, it still qualifies for the tour price. However the tour operator has to impute the saved disbursal as well as the benefits that occur through an alternative usage of the not used services, including the refunded amount of the service provider.
7.2 The tour operator is entitled to withdraw the travel contract due to a before mentioned minimum number of participants according to the following clauses:
The minimum number of participants is mentioned on the booking page or the booking confirmation refers to the applicable statement in the trip description. The tour operator is obligated to immediately inform the traveler about the cancellation of the trip if its certain the the trip can not be executed due to not matching the minimum number of participants.
A withdraw of the contract through the tour operator later than 29 days before the trip starts is not possible. The traveler is entitled, in case of termination of the contract through the tour operator, to demand an at least equal trip, if the tour operator is able to offer such trip without more costs for the traveler. The traveler has to claim this immediately after the tour operator informed the traveler about the termination.
The contractual liability of the tour operator for damages that are not bodily injuries is limited to the triple tour price.
-if the damage of the traveler has not been precipitated intentional or grossly negligent
-if the tour operator is responsible for an occurred damage only through the culpability of a service provider
9.1. In case the trip does not get executed as the contract states, the traveler is entitled to demand remedy. The tour operator is entitled to refuse remedy if it requires a unproportional effort. The tour operator can also provide a remedy through performing an equal compensation.
9.2. For the duration of a non conventionary trip, the traveler is entitled to demand appropriate reduction of the tour price (reduction). The tour price has to be reduced proportionally to the value of the trip compared to the actual value of the trip that would have been at the time of purchase.
9.3. The traveler is obligated to inform the tour operator immediately about his/her complaint. If the traveler culpably does not inform the tour operator about a deficiency, the above mentioned entitlement for reduction does not apply.
9.4. If due to a deficiency, the trip gets significant disturbed and the tour operator does not provide remedy within a reasonable time, the traveler is entitled within the limits of statutory regulations to withdraw the travel contract – in his/her own interest and due to conservation of evidence in written form. This also applies, if the trip is not reasonable for the traveler as a result of deficiency due to important, for the tour operator not recognizable reason. The determination of a deadline is not needed if remedy is impossible or if remedy is being refused through the tour operator or if the withdrawal of the contract is being justified through a special interest of the traveler. The traveler owes the tour operator the percentage of the tour price of the used services that have been in his/her interest.
9.5. Unregarded the reduction of the trip price or the withdrawal of the contract, the traveler is entitled to demand compensation due to non-fulfilment of the contract. This does not apply if the deficiency of the trip results from a circumstance the tour operator is not responsible for.
10.1. Claims resulting from non-fulfilment of the contract (trip) need to be enforced by the traveler against the tour operator within one month after the contractual end of the trip. After the end of the before mentioned deadline, the traveler is able to enforce a claim only if he/she has been prevented from complying with the deadline without any fault.
10.2. Claims of the traveler resulting from damage of life, body or health, that are caused by intentional or negligent breach of duty of the tour operator or a legal representative or a performing agent of the tour operator, will prescribe within three years. This does also apply for claims to reimbursement other damages that result from an intentional or grossly negligent breach of duty of the tour operator or a legal representative or a performing agent of the tour operator.
10.3. The prescription according to clause 10.2. starts with the day on which the trip is contractually supposed to end .
10.4. The prescription in held in check if there are existing negotiations about the claims or the claims justifying circumstances between the traveler and the tour operator. This applies until the tour operator declines the resumption of the negotiation. The prescription eventuates earliest after three month of the above mentioned negotiation time.
11.1. The tour operator is obligated to inform citizens of the European Union about Passport- and Visa regulations of the country that the traveler is traveling to before conclusion of the contract. Citizens of other countries can get information hereof at the responsible consulate. No singularities concerning the traveler and the fellow travelers will be assumed (e.g. statelessness or double nationality).
11.2. Exclusively the traveler is responsible to the acquisition and carriage the required documents as well as the compliance with possible toll and foreign currency regulations. The traveler is required to bring the travel documents as informed by the tour operator prior to the trip. Possible disadvantages or additional charges (e.g. cancellation costs) that result from the disregard of the before mentioned regulations are to be charged of the traveler. This does not apply if the tour operator failed to inform the traveler right, insufficient or culpable not.
11.3. Without previous written permission, no minors are allowed on the trips.
The baggage transport takes place in normal extent. This means per person a maximum of one suit case or travel bag and one hand luggage. With prior given approval, exceptions are possible. Any taken piece of baggage needs to be controlled by the traveler when a possible transfer occurs.
13.1. For the entire law- and contractual relationship between the tour operator and the travelers who do not have a general residence/place of business in Austria, solely the Austrian law applies.
13.2. Decisive for any lawsuit against the traveler is his/her residence. This does not apply if the lawsuit is against fully-qualified traders, corporate body governed by private law, corporate body under public law or persons who have their usual residence in a foreign country or whose residence or usual stay is not known at the time of the lawsuit.
13.3. If international conventions or conventions of the European Union that apply to the travel contract work in favor of the traveler, the previous clauses do not apply.
Tour Operator is:
Tribus Business GmbH
Opernring 1, E Block, Room 633
1010 Vienna, Austria