Contact me for your Private Tour in Vienna.

1. Scope

1.1. These General Terms and Conditions (GTC) apply to all legal transactions between the tour guide (hereinafter referred to as “TG”) or tour manager (hereinafter referred to as “TM”) (hereinafter jointly referred to as the “Contractor”) and the client (hereinafter referred to as the “Client”).

1.2. These GTC apply without restriction to Clients who are entrepreneurs. If the Client is a consumer within the meaning of Section 1 (1) of the Consumer Protection Act (Konsumentenschutzgesetz), these GTC shall apply insofar as this Act does not provide otherwise.

1.3. If the Client books the Contractor’s services not for themselves but for third parties (hereinafter referred to as “Participants”), the Client undertakes to instruct the Participants to comply with the rights and obligations set out in Section 6 of these GTC.

2. Conclusion of Contract

2.1. A booking request may be submitted to the Contractor by email, web form, telephone, or post.

2.2. Upon receipt of the booking request, the Client shall receive a written offer within a period of seven (7) days, setting out the agreed services and the remuneration to be charged. The offer must be signed by the Client and returned to the Contractor in PDF format. If the Client is an entrepreneur, the offer must be signed in the name of the company. Upon return of the signed offer, the contract shall be deemed concluded. The Contractor is not obliged to accept any booking request and may reject such request without stating reasons.

3. Scope of Services / Limitation of Services

3.1. Services of the Tour Guide

3.1.1. The Tour Guide provides guided tours of various kinds in order to present and explain to the Client and the other Participants the historical wealth and the artistic and cultural heritage of Austria, its sights, the social, societal, and political situation in a national and supranational context, as well as other cultural, sporting, and social events.

3.1.2. The start and end of the tour, the exact meeting point, the Tour Guide’s contact details, and the scope of the services owed shall be set out in the written offer sent or handed over by the Tour Guide to the Client.

3.1.3. In the absence of such an express agreement, the Tour Guide shall agree on the content of the guided tour on site with the Client, a representative authorized by the Client, or the Participants.

3.1.4. If no specific services have been agreed upon, the Tour Guide shall determine the content of the services at their own discretion within an agreed time and location framework.

3.1.5. Insofar as the Tour Guide presents or uses titles of works protected by copyright or related rights in the course of providing services, the Client undertakes not to infringe any rights arising therefrom.

3.1.6. The Tour Guide is entitled to exclude the Client or individual Participants from the services, to cancel the tour, or to terminate it prematurely if, due to the conduct of the Client or any other Participant, or due to excessive consumption of alcohol or drugs by such person, the provision of services becomes unreasonable for the Tour Guide.

3.1.7. Due to force majeure or weather-related circumstances (e.g. black ice, heat, flooding, storms, or severe weather warnings), the Tour Guide may restrict the services, modify them at their own discretion, or cancel them entirely.

3.2. Services of the Tour Manager

3.2.1. The Tour Manager is responsible for the administrative support of the Client and the other Participants as well as for ensuring compliance with the travel itinerary, and is additionally entitled to provide brief information on sights and points of interest.

3.2.2. The Tour Manager shall be available to the Client and the other Participants for administrative matters during the trip. The Tour Manager shall endeavor to attend to the concerns of the Client and the Participants with due care; however, the Tour Manager does not owe any particular success.

3.2.3. The start and end of the tour management services, the exact meeting point, the Tour Manager’s contact details, and the scope of the services owed shall be set out in the written offer sent or handed over by the Tour Manager to the Client.

3.2.4. Any modification of the travel itinerary shall also result in a corresponding modification of the Tour Manager’s services.

3.2.5. Insofar as the Tour Manager presents or uses works protected by copyright or related rights in the course of providing services, the Client undertakes not to infringe any rights arising therefrom.

3.2.6. The Tour Manager is entitled to exclude the Client or individual Participants from certain services (such as evening events) if, due to the conduct of the Client or a Participant, or due to excessive consumption of alcohol or drugs by such person, the provision of services becomes unreasonable for the Tour Manager.

3.2.7. Due to force majeure or weather-related circumstances (e.g. black ice, heat, flooding, storms, or severe weather warnings), the Tour Manager may restrict the services, modify them at their own discretion, or cancel them entirely.

4. Remuneration

4.1. The remuneration owed for the provision of the services shall be set out in the Contractor’s written offer.

4.2. If no express remuneration arrangement has been agreed, reasonable remuneration shall be deemed agreed. An hourly rate of EUR 90.00 shall be considered reasonable remuneration.

4.3. Unless otherwise agreed in individual cases, the remuneration shall be due at the latest after the services have been rendered. If the remuneration is agreed to be due prior to the provision of the services, the Contractor shall be entitled to exclude the Client and other Participants from the provision of the services if the invoice has not been paid prior to commencement of the services.

4.4. If the Contractor is subject to value added tax, the Client shall pay the agreed remuneration plus value added tax, unless otherwise provided by intra-Community exemption provisions.

4.5. If the Contractor is a small business within the meaning of Section 6 (1) item 27 of the Austrian Value Added Tax Act (Umsatzsteuergesetz), the Contractor shall inform the Client thereof as part of the order confirmation.

4.6. If the services are not provided, in whole or in part, for reasons falling under Sections 3.1.6, 3.1.7, or 7.1 to 7.2, this shall not affect the amount of the agreed remuneration. Any remuneration already paid shall not be refundable in such cases.

5. Cancellation Conditions

5.1. As a rule, the Client and the Participants are bound by the booked services. However, the Contractor grants the Client a limited right of cancellation.

5.2. Any right of withdrawal to which a consumer is entitled under the Austrian Distance and Off-Premises Contracts Act (FAGG) shall remain unaffected.

5.3. No cancellation fee shall be payable to the Tour Guide if written notice of cancellation is received by the Contractor no later than fourteen (14) days prior to the agreed service date. In the event of such short-notice cancellation, the Tour Guide can, if at all, accept an alternative assignment only with considerable effort.
No cancellation fee shall be payable to the Tour Manager if written notice of cancellation is received no later than four (4) weeks prior to the agreed commencement of the tour management services. Due to the longer duration of tour management services (several days or weeks), it is possible, if at all, to accept an alternative assignment within this short period only with considerable effort.

5.4. If the Client cancels a guided tour between three (3) and fourteen (14) days prior to the agreed date, or cancels tour management services between three (3) days and four (4) weeks prior to the commencement thereof, a cancellation fee amounting to fifty percent (50%) of the agreed remuneration shall be payable.

5.5. If the Client cancels less than three (3) days prior to the agreed date of the guided tour or the commencement of the tour management services, the full agreed remuneration shall be payable. In such cases, it is almost impossible to accept another assignment. At this point, the Contractor will also have already incurred substantial effort in preparing the services. The preparation effort is specific to the booked services and cannot be used for another assignment.

5.6. Both the day of cancellation and the agreed service date shall be included in the calculation of the notice period. The decisive factor for calculating the period shall always be the receipt of the cancellation by the Contractor.

5.7. The cancellation fees are liquidated damages payable regardless of fault or of any actual damage incurred.

5.8. The cancellation fee shall be payable separately for each individual cancellation and per Participant.

6. Obligations of the Client

6.1. The Client shall be subject to the following duties of cooperation and disclosure:

6.1.1. The Client shall carefully read the written offer with regard to the level of fitness required and assumed for the booked services.

6.1.2. Prior to the commencement of the tour, the Tour Guide shall explain the content, duration, and course of the tour. If the Client or any Participant has concerns that they may not be able or may only be able to participate in the tour or parts thereof—e.g. due to personal limitations—they shall inform the Tour Guide without delay. The assessment of whether the Client or the Participants are able to take part in a tour based on their own (physical) condition shall be the responsibility of each Client and each Participant individually. The Tour Guide assumes that the Client and the Participants are able to complete the planned route independently and without physical assistance from the Tour Guide. If the Client or a Participant does not feel capable of doing so, or if such concerns arise during the tour, the Client and the respective Participant are obliged to inform the Tour Guide accordingly. The same shall apply to any personal fears of the Client.

6.1.3. The instructions of the Contractor regarding safety precautions, staying together as a group, and the conduct of the Client and the other Participants shall be complied with.

6.2. The Client shall be responsible for ensuring that the other Participants also comply with their disclosure obligations towards the Contractor.

6.3. The Contractor shall take into account the personal circumstances of the Client and the other Participants. However, no entitlement to a refund shall arise due to partial or non-use of the services as a result of the Client’s or Participants’ own level of fitness or personal fears.

7. Adherence to Schedule

7.1. If the Client or a Participant is likely to be unable to arrive on time for the agreed start of the tour, the Client or their authorized representative is obliged, as soon as they become aware of the reason for the delay, to inform the Tour Guide by telephone of the expected duration of the delay.

7.2. The Tour Guide shall wait for at least fifteen (15) minutes after the agreed start time of the tour. In cases covered by Section 7.1, the waiting time shall be counted as part of the agreed tour duration.

7.3. If no information is provided to the Tour Guide in accordance with Section 7.1 within fifteen (15) minutes after the agreed start time, the Tour Guide shall not be obliged to wait any longer. In this case, the Tour Guide shall be released from their obligation to provide the service, and their entitlement to remuneration shall remain in full.

7.4. If the Tour Guide is delayed, they shall—provided the Client has supplied a telephone number of a contact person—inform that person of the delay. In the event of a delay by the Tour Guide, the Client and the Participants are obliged to wait at least fifteen (15) minutes for the Tour Guide. The Client or their authorized representative is obliged to inform the Participants of this waiting obligation.

7.5. The Client or a representative authorized by the Client shall instruct the Participants to comply with the time schedule of the tour (e.g., return times) and with the Tour Guide’s organizational instructions, including but not limited to depositing dangerous items, staying together as a group, observing public order and house rules, carrying identification documents, and avoiding hazardous areas.

8. Representation and Authorization

8.1. The Contractor shall be entitled, in the event that they are unable to perform the agreed services, to engage or arrange a professionally qualified and authorized substitute. The Client and the other Participants shall be informed in advance of this and of the name of the substitute.

8.2. The Contractor shall be entitled to delegate parts of the tour in museums, churches, other places of worship, gardens, or zoos to other persons. The Client hereby grants the Contractor authorization to arrange and book, on the Client’s account and in the Client’s name, admissions, transportation, meals, demonstrations, performances, or other events as part of the tour.

9. Liability

9.1. The Contractor is not a sports instructor. If the tour or tour management involves the use of vehicles, means of transport, or sports equipment, the Client and the Participants shall receive a brief instruction on their use beforehand. The Client and the Participants are obliged to follow these instructions and to strictly observe the operating manuals. Any liability for failure to comply with instructions or operating manuals is excluded.

9.2. The Contractor shall not be liable for any damages to the Client or Participants resulting from the consumption of food or beverages, or from participation in tastings during the tour or tour management.

9.3. The Contractor shall not be liable for (partial) impossibility, unplanned interruption, or delay of the tour or travel if the cause lies outside the Contractor’s sphere of control. The Tour Guide is entitled to interrupt or cancel the tour if, in their view, a safe execution or completion of the tour is not possible.

9.4. Any risk of delay for subsequent travel not organized by the Contractor after the tour or tour management rests solely with the Client and the Participants. The Contractor shall not be liable for any resulting disadvantages, provided the Contractor is not at fault for the delay.

9.5. The Contractor does not conclude a package travel contract and is not a tour operator.

9.6. The Client and the Participants shall comply with copyright provisions during the tours. Deliberate filming or audio recording by the Client during tours or tour management is prohibited without the Contractor’s consent.

10. Final Provisions

10.1. The place of performance of the contract shall be the location where the tour is to take place.

10.2. The place of jurisdiction for disputes arising from or in connection with this contract shall be the registered office of the Contractor, unless Section 14 of the Austrian Consumer Protection Act (KSchG) applies.

10.3. Austrian law shall apply.