Important Notice

The German version of these Terms and Conditions is legally binding.
The English and Czech versions are provided for convenience only.
In case of discrepancies, the German version shall prevail.

1. Scope of Application

1.1 The travel agent arranges travel contracts for individual travel services (such as flights, accommodation, or other travel-related services), package holidays within the meaning of Section 2 (2) of the Austrian Package Travel Act (Pauschalreisegesetz – PRG), as well as linked travel arrangements within the meaning of Section 2 (5) PRG, between the respective tour operator or service provider on the one hand and the traveller on the other hand.The travel agent provides its services in accordance with the applicable statutory provisions, in particular the Austrian Package Travel Act (PRG) and the Package Travel Ordinance (PRV), and with the due care of a prudent business operator. For the purposes of these Terms and Conditions, the term “travel agent” shall refer to the company Via Montes e.U.

1.2 These General Terms and Conditions shall be deemed agreed upon if they have been provided to the traveller, or if the traveller has had the opportunity to review their content, before the traveller becomes bound by a contractual declaration. They form the basis of the agency agreement concluded between the travel agent and the traveller.

1.3. The present General Terms and Conditions (see Clause 1.2) shall apply to the agency agreement concluded between the travel agent and the traveller. For contractual relationships between the traveller and the arranged tour operator, the arranged transport companies (e.g. railway, bus, airline, or shipping companies), as well as other arranged service providers, the respective general terms and conditions of those providers shall apply, provided that such terms and conditions have been made available to the traveller before the traveller becomes bound by a contractual declaration, or the traveller has had the opportunity to review their content, and provided that such terms and conditions are not unlawful or contrary to mandatory legal provisions.

1.4 Via Montes e.U. acts – depending on the designation indicated for the respective accommodation – either as an intermediary (travel agent) or as the accommodation provider. In the case of mediation, the accommodation contract is concluded directly between the guest and the respective accommodation provider. Where Via Montes e.U. acts as the accommodation provider, Via Montes e.U. itself becomes the contractual partner of the guest. The respective role results from the property description and the booking confirmation.

2. Duties of the Travel Agent

2.1 Based on the information provided by the traveller, the travel agent prepares travel proposals for the traveller. Such proposals are non-binding and do not constitute offers within the meaning of Section 4 of the Austrian Package Travel Act (PRG). If no travel proposals can be prepared on the basis of the information provided by the traveller, the travel agent shall inform the traveller accordingly. The travel proposals are based exclusively on the information provided by the traveller. Therefore, incorrect and/or incomplete information provided by the traveller may form the basis of the travel proposals if the traveller fails to clarify or correct such information. When preparing travel proposals, the travel agent may take into account, without limitation, factors such as price levels, the professional competence or reliability of the tour operator or service provider, discounts, best-price principles, and other relevant parameters.

2.2 If the traveller expresses a concrete interest in one of the travel proposals submitted by the travel agent, the travel agent shall prepare a travel offer based on such proposal in accordance with the requirements of Section 4 of the Austrian Package Travel Act (PRG), insofar as such requirements are applicable to the respective travel service. The travel offer prepared by the travel agent shall be binding upon the tour operator or, in the case of linked travel arrangements or individual travel services, upon the respective service provider.

2.3 The travel agent shall advise and inform the traveller on the basis of the information provided by the traveller.

The travel agent shall describe the package holiday of the tour operator to be arranged, or in the case of linked travel arrangements or individual travel services, the services of the respective service provider, taking into account the customary conditions in the respective destination country or destination, as well as any specific characteristics associated with the travel (e.g. expedition travel), to the best of its knowledge.

The travel agent shall not be obliged to provide information regarding generally known circumstances (such as topography, climate, flora and fauna of the destination selected by the traveller), unless the nature of the travel requires specific information due to particular circumstances, or where such information is necessary for the proper performance or execution of the arranged service.

It shall be understood that the traveller deliberately chooses a different environment, and that standards regarding accommodation, facilities, food (including spices), and hygiene are generally based on the customary regional standards and criteria applicable in the respective destination country or destination.

2.4 In accordance with Section 4 of the Austrian Package Travel Act (PRG), the travel agent shall provide the traveller, before the traveller becomes bound by a contractual declaration relating to a package travel contract, with the following information:

2.4.1 Information on the existence of a package holiday by means of the standard information form pursuant to Section 4 (1) PRG.

2.4.2 Information listed in Section 4 (1) PRG, insofar as such information is relevant to the respective package holiday and necessary for its performance and execution (for example, information regarding sightseeing activities is not required for a pure beach holiday, unless such activities form part of the agreed services).

2.4.3 Information as to whether the package holiday to be arranged is, in general, suitable for persons with reduced mobility, insofar as this information is relevant to the specific package holiday (Section 4 (1) no. 1 lit. h PRG).

For the purposes of these Terms and Conditions, a person with reduced mobility shall be understood, in analogy to Article 2 lit. a of Regulation (EC) No. 1107/2006 (concerning the rights of disabled persons and persons with reduced mobility when travelling by air), as a person whose mobility when using transport or accommodation services is reduced due to any physical disability (sensory or motor, permanent or temporary), and whose condition requires appropriate adaptation of the travel services to be arranged.

2.4.4 Information on general passport and visa requirements of the destination country, including approximate timeframes for obtaining visas and completing health-related formalities (Section 4 (1) no. 6 PRG), insofar as such information is relevant to the respective package holiday.

Upon request, the travel agent shall also provide information regarding foreign exchange and customs regulations.

In addition, general information concerning passport and visa requirements, health-related formalities, as well as foreign exchange and customs regulations for Austrian nationals may be obtained by selecting the respective destination country at:

https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/

EU citizens may obtain such information from their respective diplomatic or consular authorities.

It is assumed as generally known that international travel typically requires a valid passport (e.g. not expired, not reported as lost or stolen). The traveller is solely responsible for ensuring the validity of the required travel documents.

The traveller is also solely responsible for complying with the communicated health-related formalities.

Unless the travel agent has expressly agreed to arrange the necessary visa, the traveller shall be responsible for obtaining any required visa.

2.5 In the case of linked travel arrangements, the travel agent shall inform the traveller, before the traveller becomes bound by a contractual declaration, in accordance with Section 15 (1) of the Austrian Package Travel Act (PRG), that:

• the traveller may not invoke rights which apply exclusively to package holidays;

• each service provider shall be solely responsible for the proper performance of its respective contractual service; and

• the traveller shall benefit from insolvency protection in accordance with the Austrian Package Travel Ordinance (PRV).

The travel agent shall fulfil this information obligation pursuant to Section 15 (2) PRG by providing the relevant standard information form set out in Annex II of the PRG, provided that the type of linked travel arrangement concerned is covered by one of those standard information forms.

2.6 Special requests made by the traveller (e.g. sea view) are, in principle, non-binding and do not give rise to any legal entitlement, unless such requests have been expressly confirmed:

• in the case of package holidays, by the tour operator as a binding specification pursuant to Section 6 (2) no. 1 PRG; or

• in the case of linked travel arrangements or individual travel services, by the respective service provider.

Only upon such confirmation shall a binding commitment regarding the requested service arise.

Any statements made by the travel agent shall merely constitute an undertaking to forward the traveller’s requests to the tour operator or respective service provider and shall not constitute a legally binding commitment, unless and until such requests have been expressly confirmed by the tour operator or service provider.

 

3. Accommodation Bookings where Via Montes e.U. Acts as Provider

3.1 Provider Role

Where Via Montes e.U. is expressly designated as the provider of an accommodation, the accommodation contract shall be concluded directly between the guest and Via Montes e.U.

In such cases, Via Montes e.U. shall be responsible for the proper provision of the accommodation in accordance with the agreed contractual terms.

3.2 Performance by Third Parties

Via Montes e.U. shall be entitled to engage third parties for the fulfilment of its contractual obligations, including, but not limited to, property owners, property management companies, cleaning services, and technical service providers.

3.3 Liability for Vicarious Agents

Such third parties shall be deemed vicarious agents (Erfüllungsgehilfen) of Via Montes e.U. within the meaning of Section 1313a of the Austrian Civil Code (ABGB).

3.4 No Package Travel

Unless expressly stated otherwise, the services offered do not constitute package holidays within the meaning of the Austrian Package Travel Act (PRG).

 

4. Duty of Disclosure and Cooperation of the Traveller

4.1 The traveller shall provide the travel agent, in a timely, complete, and truthful manner, with all personal information (e.g. date of birth, nationality, etc.) and factual information (e.g. intended import or transport of medication, prostheses, animals, etc.) necessary and relevant for the travel arrangement.

The traveller shall further inform the travel agent of all circumstances relating to the traveller’s person or to accompanying travellers (e.g. allergies, food intolerances, lack of travel experience, etc.), as well as of any special needs of the traveller or accompanying persons, in particular any reduced mobility, health conditions, or other limitations which may be relevant for the preparation of travel proposals or travel offers, or for the organisation and performance of the travel and travel services (e.g. hiking trips).

Where necessary, such information shall be supported by appropriate and complete documentation (e.g. a medical certificate).

4.2 A traveller who makes a booking through the travel agent for themselves or for third parties shall be deemed the principal and, unless otherwise agreed, shall assume, mutatis mutandis in accordance with Section 7 (2) PRG, all obligations arising from the agency agreement towards the travel agent (including, but not limited to, payment of the agreed remuneration).

4.3 The traveller shall be obliged to review without undue delay all contractual documents transmitted through the travel agent (e.g. package travel contracts, booking confirmations, vouchers) for accuracy with regard to their personal data and other information provided, and for any discrepancies (e.g. spelling errors such as names or dates of birth) or omissions. In the event of inaccuracies, discrepancies, or omissions, the traveller shall notify the tour operator without undue delay in order to request correction. Written notification is recommended for evidentiary purposes.

4.4 In order to ensure that the limited cost liability of the tour operator for necessary accommodation in the event that return transport cannot be provided due to unavoidable and extraordinary circumstances does not apply to travellers with reduced mobility (within the meaning of Article 2(a) of Regulation (EC) No. 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air), their accompanying persons, pregnant travellers, unaccompanied minors, and travellers requiring special medical assistance, the affected travellers must inform the tour operator or the travel agent of their specific needs at least 48 hours prior to the commencement of the travel.

4.5 Pursuant to Section 11 (2) of the Austrian Package Travel Act (PRG), the traveller shall notify any lack of conformity of the agreed travel services that the traveller becomes aware of, without undue delay and in full, including a specific description of the lack of conformity or defect, taking into account the respective circumstances, in order to enable the tour operator to remedy the lack of conformity on site, where such remedy is possible or reasonable in the individual case, having regard to the circumstances (e.g. time differences, impossibility of communication during expedition travel, availability of alternatives or possibilities of replacement or improvement) and the effort required (e.g. cleaning a replacement room, arranging alternative accommodation). If a lack of conformity occurs during the regular business hours of the travel agent through whom the package holiday was booked, the traveller shall notify the travel agent accordingly. For evidentiary purposes, written notification is recommended. Outside the regular business hours of the travel agent, the traveller shall notify the representative of the tour operator at the destination or, if such representative is not present and/or not contractually required, directly the tour operator via the emergency contact details provided in the package travel contract. Failure to report a lack of conformity shall affect any warranty claims of the traveller if on-site remedy would have been possible and reporting would have been reasonable under the circumstances. In accordance with Section 12 (2) PRG, such failure may also be taken into account as contributory negligence within the meaning of Section 1304 of the Austrian Civil Code (ABGB) with regard to any claims for damages. The notification of a lack of conformity shall not constitute an acknowledgement of liability or a binding performance commitment by the tour operator.

4.6 The traveller shall be obliged to pay the agreed remuneration within the stipulated time limits. Where payment processing is carried out by Via Montes e.U. in the name and on behalf of the accommodation provider, the accommodation provider shall remain the creditor of the service.

4.7 If the traveller asserts and receives payments based on claims for damages or price reduction within the meaning of Section 12 (5) of the Austrian Package Travel Act (PRG) (e.g. compensation pursuant to Article 7 of Regulation (EC) No. 261/2004 on air passenger rights), or receives any other payments or benefits from service providers or third parties which are to be offset against claims for damages or price reduction against the tour operator (e.g. payments made by the hotel), the traveller shall fully and truthfully inform the travel agent or the tour operator thereof.

4.8 Where Via Montes e.U. acts solely as an intermediary, any defects or lack of conformity shall be reported without undue delay directly to the respective accommodation provider. Via Montes e.U. shall assist the traveller, within the scope of its intermediary role, in communication with the accommodation provider, but shall not assume any independent obligation to perform accommodation services.

 

5.Insurance

5.1 As a general rule, travellers are advised not to bring valuable items, important documents, or similar items on holiday. For important documents, it is recommended to make and use copies, insofar as their use is permitted. The theft of valuables cannot be excluded and shall, as a general rule, be borne by the traveller as part of the general life risk.

5.2 Travellers are advised to take out appropriate insurance (e.g. travel cancellation insurance, travel interruption insurance, travel baggage insurance, travel liability insurance, international health insurance, delay protection, personal protection, etc.) providing adequate coverage from the date of conclusion of the package travel contract until the end of the travel.

5.3 The conclusion of suitable insurance coverage shall generally be the responsibility of the guest. This recommendation applies irrespective of whether Via Montes e.U. acts as an intermediary or as the accommodation provider in the respective booking.

 

6.Price Adjustments Prior to the Commencement of Travel

6.1 The prices confirmed at the time of booking shall be decisive. Any price changes after the conclusion of the contract shall only be permissible if expressly agreed between the guest and the respective contractual partner.

 

7. Changes to Services Prior to the Commencement of Travel

7.1 Changes to the booked accommodation may become necessary due to unforeseeable circumstances (e.g. damage to the accommodation, official orders, or cases of force majeure). In such cases, the respective contractual partner shall be responsible for informing the guest and, where possible and reasonable, for arranging equivalent alternative accommodation. Where Via Montes e.U. acts solely as an intermediary, the implementation and organisation of such changes shall be the sole responsibility of the respective accommodation provider.

 

8. Liability

8.1 The travel agent shall be liable, within the scope of Section 17 of the Austrian Package Travel Act (PRG), for booking errors (e.g. clerical errors), unless such errors are attributable to incorrect, erroneous, or incomplete information provided by the traveller or to unavoidable and extraordinary circumstances within the meaning of Section 2 (12) PRG.

8.2 The travel agent shall not be liable for material or financial damage suffered by the traveller in connection with the booking where such damage is attributable to unavoidable and extraordinary circumstances within the meaning of Section 2 (12) PRG.

8.3 The travel agent shall not be liable for the performance of services arranged by it, nor for services which were not arranged or expressly confirmed by it, nor for additional services booked independently by the traveller after the commencement of travel. If, in the case of linked travel arrangements, the travel agent fails to comply with its information obligations or insolvency protection obligations pursuant to Section 15 (2) PRG, the travel agent shall be liable in accordance with Sections 7 and 10 and the 4th Chapter of the PRG, which otherwise apply only to package holidays.

8.4 Where the travel agent arranges a package holiday of a tour operator established outside the EEA, the travel agent shall demonstrate that the tour operator complies with the obligations set out in the 4th Chapter of the PRG (performance of agreed services, warranty, damages, duty of assistance). If this is not the case, the travel agent shall be liable pursuant to Section 16 PRG for compliance with those obligations.

8.5 Where Via Montes e.U. acts solely as an intermediary, Via Montes e.U. shall not be liable for the proper performance of the arranged accommodation services. Liability in this respect shall rest exclusively with the respective accommodation provider.

8.6 Where Via Montes e.U. acts as the accommodation provider, Via Montes e.U. shall be liable within the limits of the applicable statutory provisions for the proper performance of the contractually agreed services. Via Montes e.U. shall be entitled to engage third parties (e.g. property owners, property managers, or service companies) for the performance of its obligations.

8.7 Liability for slight negligence shall be excluded, except in cases of personal injury or damage resulting from the breach of essential contractual obligations.

 

9. Remuneration

9.1 Intermediary Model

Where Via Montes e.U. acts solely as an intermediary, Via Montes e.U. shall receive a commission from the respective accommodation provider for its services. No separate agency fee shall be charged to the traveller. The total price payable by the traveller includes the accommodation services as specified in the booking process.

9.2 Provider Model

Where Via Montes e.U. acts as the accommodation provider, the remuneration for the accommodation is included in the total price. No separate agency fee shall apply.

 

10. Service of Notices – Telephone Number

10.1 The contact details most recently provided by the traveller to the travel agent or accommodation provider (e.g. email address and telephone number) shall be deemed the valid address for service and communication. The traveller shall notify any changes without undue delay.

The traveller is obliged to provide a valid telephone number at which they can be reached during the travel period, in particular to ensure a smooth arrival, key handover, and communication in the event of short-notice organisational changes or emergencies. Written notification is recommended for evidentiary purposes.

If the traveller cannot be reached due to incorrect or missing contact details, any resulting disadvantages shall be borne by the traveller.

 

11. Payment and Cancellation Terms for Accommodation Bookings (Depending on the Provider Role)

11.1 Via Montes e.U. acts – depending on the designation of the respective accommodation – either as an intermediary or as the accommodation provider. The decisive factor shall be the provider role indicated in the property description and the booking confirmation.

11.2 Payment and Cancellation Terms where Acting as Intermediary
Where Via Montes e.U. acts solely as an intermediary, the accommodation contract shall be concluded directly between the guest and the respective accommodation provider. In such cases, payment and cancellation terms shall be governed exclusively by the terms and conditions of the accommodation provider.

These terms shall be communicated to the guest during the booking process or in the booking confirmation. Where payment processing is carried out through Via Montes e.U., this shall be done in the name and on behalf of the accommodation provider.

Via Montes e.U. may charge a service or agency fee for its intermediary services. Where applicable, such fee shall be separately indicated and shall be non-refundable in the event of cancellation.

11.3 Payment and Cancellation Terms where Acting as Provider
Where Via Montes e.U. acts as the accommodation provider, Via Montes e.U. shall become the contractual partner of the guest. In this case, the payment and cancellation terms specified in the property description and booking confirmation shall apply. The booking confirmation shall be solely decisive for the scope of services as well as for the applicable payment and cancellation terms.

11.4 Refunds shall be made using the payment method originally used for the booking. Processing shall be carried out either by Via Montes e.U. as payment processor or directly by the accommodation provider if payment was made directly to the latter.

11.5 The guest is expressly advised to take out travel cancellation insurance as well as adequate travel health insurance in order to protect against financial risks, in particular in the event of cancellation or interruption of travel.