General Terms and Conditions for Guided Tours by Licensed Tourist Guides
The contract covering the carrying out of guided tours, including additional services may be closed under the following terms:
1. These contractual terms become valid when agreed to individually by the contractual partners.
2. If no special or unusual arrangements have been made, a standard guided tour at a standard local fee is deemed to have been agreed upon. When in doubt, standard local costs in Vienna and for Viennese tourist guides are for example deemed to be those normally charged by Viennese tourist guides (data gathered via a survey among its members and published annually by The Association of Licensed Vienna Tourist Guides). This report may be ordered at: www.guides-in-wien.at. Concerning the federal provinces, surveys and/or recommendations of local professional organisations are to be considered authoritative. When in doubt, the contract is to be interpreted according to the official job description of authorised tourist guides published by trade association for Leisure Establishments of the Austrian Economic Chamber (Wiedner Hauptstrasse 63, 1045 Vienna. (Trade Association for Leisure Establishments, Straße der Wiener Wirtschaft 1, A-1020 Vienna, T +431 514 50 Dw 4211 | F Dw 4216, www.freizeitbetriebe-wien.at)
3. The tour manager, and tour escort-related activities of a tourist guide (§126 section 4 of the GewO), and in particular transfers, are to be treated as guided tours.
4. The agent is requested to charge his/her clients separately for services provided by the tourist guide in accordance with his/her contract for services (guiding fee) and a general booking fee for the procurement of services.
5. Cancellation policy:
If the client cancels in writing at least 21 days before the agreed tour date (cancellation must reach tourist guide personally), then no cancellation fees must be paid to the tourist guide. If the client cancels between 7 and 20 days before the agreed tour date, then a cancellation fee of half of the agreed guiding fee must be paid. If the client cancels less than 6 days before the agreed tour date, then the guiding fee must be paid in full. The date of cancellation and the agreed tour date count as days when calculating the deadline. The cancellation fees outlined here are lump-sum penalties which are to be paid regardless of fault or previously occurred damages. The cancellation fee is to be paid for each individual cancelled guided tour.
6. Waiting periods:
In case the client is delayed, the tourist guide is obliged to wait for one hour for the client at the agreed-upon meeting place. If the tourist guide is delayed, then the client must wait for 15 minutes for the tourist guide. The waiting period is calculated into the total duration of the guided tour.
In case of an unavoidable hindrance the tourist guide is obliged to provide an equally qualified substitute. The client must be informed of the replacement.
Payment is to be made in cash immediately following services rendered or immediately after receipt of invoice without deduction. Any bank charges are free of charge for the beneficiary. Otherwise any bank charges may be invoiced. Program preparations may be invoiced separately. Terms of interest on reminder fees and late payments are based on Austrian regulations.
9. If the tour was imparted by a travel agency/operator, the guide is not allowed to recommend that the client books directly via the tourist guide in the future. Unless otherwise stipulated, the guide is permitted to offer the client additional tours, if the travel agency/operator has planned no other programme for the client and no conflict of interest results.
10. All tours subject to copyright and other laws pertaining to the protection of intellectual property. Audio and video recordings during the tours are strictly prohibited.
11. Adults agree to accept all risks and tour guides cannot be held liable for any physical or property damages incurred by clients during tours.
12. Jurisdiction Vienna/ Austria.