The legal basis
GENERAL TERMS AND CONDITIONS
PDM Touristik GmbH
Acts as service provider (“the Service Provider”) and offers tourist and travel services to tour operators. The Service Provider is a European Destination Management Company with more than 25 years’ experience with Customized Group Tour Packages in the youth and adult segment with Head Office in Vienna, Austria.
The Tour Operator
The Tour Operator is a well-established outgoing tour operator in the country of origin and wishes to purchase such Customized Group Tour Packages in order to offer and resale those to its customer base as part of its own travel packages.
The Service Provider offers for sale to the Tour Operator on a per booking basis Customized Group Tour Packages, including transportation, accommodation and any other providers (the “Tour Packages”).
The Service Provider shall provide the Tour Operator’s customers with the services as described at the time of booking. The content or terms and conditions of the Tour Packages may change from time to time. The Service Provider shall inform the Tour Operator immediately about any changes to the Tour Packages. For the avoidance of doubt, it is in the Service Provider’s sole discretion to modify the Tour Packages where and when it deems it necessary.
The Tour Operator shall pay to the Service Provider for each Tour Package the price as applicable for that Tour Package on the booking date (the “Package Price”).
The Service Provider shall provide the Tour Operator with a price list and inform it immediately about any changes to the Package Prices. For the avoidance of doubt, the Package Prices may be subject to change, and it is in the Service Provider’s sole discretion to change Package Prices where and when it deems it necessary.
All prices are given in EUR, including any service charges and taxes. Prices are non-commissionable rates. If the costs for providing booked services increase as a consequence of fee or tax increases, currency devaluation, government decisions or similar circumstances, the Service Provider shall be entitled to impose surcharges on the Tour Operator that correspond to the increase in cost.
Package Prices are payable and due in two instalments:
• 30% of the total amount ninety (90) days prior to departure date and
• 70% balance payment of the outstanding amount thirty (30) days prior to the departure date
Any non-refundable deposits requested to the Service Provider are excluded from those regulations mentioned in article 5 and will be charged to the Tour Operator in advance.Invoices will be forwarded by the Service Provider via e-mail. Payment is to be
made free of charge for the receiver to the following bank account:
PDM Touristik GmbH
BIC address: GIBAATWWXXX
IBAN code: AT95 2011 1290 5534 1400
Confirmation and Preliminary Name List
Any bookings and changes to bookings must be notified in writing by the Tour Operator to the Service Provider immediately.
Thirty (30) days prior to the departure date a Preliminary Name List will be provided by the Tour Operator to the Service Provider. The Name List includes: name of participant, passport number, gender, age, specific food requirements if needed.
7. Cancellations and Changes
Any cancellations and changes must be notified in writing by the Tour Operator to the Service Provider immediately.
The Tour Operator shall pay to the Service Provider the following cancellation charges if an entire Tour Packages or part of it is cancelled:
• From ninety (90) days until thirty (30) days prior to the departure date, 20% of the bookers can be cancelled without charge. For every further cancellation, a cancellation charge of 50% of the Package Price applies.
• From twenty-nine (29) days until seven (7) days prior to the departure date, another 20% of the bookers can be cancelled with a cancellation charge of 50% of the Package Price. For every further cancellation, a cancellation charge of 100% of the Package Price applies.
• From six (6) days until the departure date, a cancellation charge of 100% of the Package Price applies.
Whereas, any non-refundable prepayments made by the Service Provider and in accordance with the Tour Operator, are excluded from those regulations mentioned in article 7.
Changes in booked services and prices
The Tour Operator acknowledges and accepts that reduction of participants due to cancellations can result in changes to the content of Tour Packages and services booked and can affect Package Prices.
Information of Bookers / Complaints
The Tour Operator shall inform the Bookers on the content of the booked Tour Packages and the terms and conditions on which the booked services will be rendered by the Service Provider. In particular, the Tour Operator shall provide the Bookers with the relevant Tour Package’s brochure/terms and conditions applicable at the time of booking and inform them that:
• any complaints have to be made on location to the supplier in charge in order to take immediate remedial action, and that
• if such efforts are not successful, the Service Provider has to be addressed immediately in order to find a solution.
In case complaints are made to the Tour Operator, the Tour Operator shall forward such complaints immediately to the Service Provider.
The Tour Operator agrees to defend, indemnify and hold harmless the Service Provider and the Bookers from and against any and all claims arising out of or resulting, in whole or in part, from the Tour Operator’s performance of or failure to perform its obligations hereunder.
The Service Provider acts as intermediary between transportation companies, hotels and any other providers or individual and the clients. However, the Service Provider accepts no responsibility for loss, accidents, delays, omissions and errors caused by the suppliers, and can therefore neither be held responsible for any possible additional expenses nor for payment of compensations.
The Service Provider is not liable for the costs or defective services, delays, changes in program, breaking off the journey or other situations which are caused by strike, war, weather, fire, natural disaster, quarantine, hijacks and terror or any other “force majeure” incidents.
The Tour Operator is responsible and liable to pay compensation for possible damage caused by him or the participants of the services.
12. Governing Jurisdiction
Austrian law is in force. Place of jurisdiction is Vienna, Austria.
PDM Touristik GmbH
Zehenthofgasse 29, 1190 Vienna, Austria
T +43 1 478 80 90 – 0
F +43 1 478 80 90 – 20
Registration Chamber of Commerce: FN: 182993h
VAT identification number: ATU47698406