Terms and Conditions
1.1. These terms and conditions apply to the relationship between artemezzo by Martha OG (hereinafter: FF) and the customer (hereinafter: AG).
1.2. These terms and conditions also apply if the AG does not itself make use of the services offered by the FF, but rather arranges it for third parties (hereinafter: participants).
2. Conclusion of the contract
2.1. A booking request to the FF can be made by e-mail, web form, telephone or post. After receiving the request, the client receives a written order confirmation, which has to be signed by the client or confirmed online as a binding order. This creates the contract.
2.2. If the client is a consumer, he hereby declares that he has taken note of the information provided there in accordance with FAGG, in particular in Sections 4 and 8 FAGG, in the event of a booking request via the web form.
3. Service content
3.1. The content of the services owed by the FF results from the written order confirmation that the FF has sent or handed over to the AG.
3.2 In the absence of such an express agreement, the FF shall agree on the content of the tour with the client or the participants on site.
3.3. If no specific services have been agreed, the FF will determine the content of the services at its own discretion within an agreed time frame.
3.4. Insofar as the FF presents works protected by copyright or uses titles within the scope of its services, the AG undertakes not to violate these resulting rights.
4.1. The remuneration owed for the provision of the services under point 3 results from the written order confirmation.
4.2. If no express fee regulation has been made, an appropriate fee is deemed to have been agreed. In case of doubt, the appropriate remuneration for services in Upper Austria is the remuneration usually charged by Viennese tourist guides, which the Association of Viennese Tourist Guides publishes annually in the course of its survey among its members.
4.3. If the AG places one or more participants in the FF, these participants must be invoiced separately for the fee for the FF and any booking fee incurred by the AG.
4.4. The FF is entitled to invoice its remuneration in advance after the written order confirmation has been sent and to make its services dependent on the payment of the invoice. Otherwise, the fee is due at the end of the tour and must be paid in cash and without any deductions.
5. Cancellation conditions
- Up to 14 days before the service: 20% of the fee as a flat rate for organizational expenses
- 14 – 3 days before the service: 50% of the agreed tour fee
- less than 3 days before the service or in the event of no-show: 100% of the agreed fee
6. Schedule adherence
6.1. If the client or the participants are late, the FF is obliged to wait 30 minutes at the agreed meeting point for the client or the participants.
6.2. The client and the participants are obliged to wait at least 15 minutes for the FF in the event of its delay. The waiting time is included in the duration of the tour. The client is obliged to inform the participants about this waiting obligation.
6.3. The client will instruct the participants to provide the time (e.g. return times, …) and organizational information (e.g. putting down dangerous objects, umbrellas, keeping the group together, observing public order and house rules, carrying ID cards, avoiding danger spots … ) of the FF.
7. Representation and power of attorney
7.1. The FF is entitled to arrange a technically suitable and authorized replacement in the event of an unavoidable hindrance. The client or the participants must be informed about this immediately.
7.2. The FF is entitled to subcontract parts of the planned tour to other people (e.g. museum, gardens, zoo, etc.) and has power of attorney, on behalf of and on behalf of the AG, to also arrange admissions, trips, meals, demonstrations, performances or other events to book.
8.1. Before the start of the tour, the FF will explain the content and process of this. If the client or a participant in the tour has concerns that they cannot or only partially participate in the tour or parts of it due to personal restrictions, they must inform the FF immediately. The assessment of whether the client or the participants in a tour are able to do so based on their own (physical) condition is the responsibility of each client and participant. With the conclusion of the contract, the client declares that he can manage the planned route for the tour independently and without physical help from the FF or declares that the participants he has referred are capable of doing so.
8.2. The FF is not a sports instructor. In particular, if the tour takes place with the help of vehicles (bicycles, Segways or the like) or other sports equipment, the client declares that he and the participants he has referred can adequately operate these devices after brief instruction by the FF.
8.3. A liability of the FF for damages to the client or participants resulting from the consumption of food or beverages during the tour (especially when participating in tastings or the like) is excluded.
8.4. The FF is not liable for a (partial) thwarting of the tour if the reason for the thwarting is not in his sphere (weather, surprising construction work, …).
8.5. The risk of any further travel being delayed after the tour rests solely with the client and the participants. The FF is not liable for any resulting damage, provided that the FF is not at fault.
8.6. The FF does not perform any tour guide activities and is also not the organizer of a trip within the meaning of § 31b KSchG.
8.7. The client and the participants will observe the provisions of copyright law during the tours. Targeted film and sound recordings by the FF during the tours are prohibited without the consent of the FF.
9. Final provisions
9.1. The place of performance of the contract is the place where the tour is to be carried out.
9.2. The place of jurisdiction for disputes arising from or in connection with this contract is the seat of the FF.
9.3. The application of Austrian law is expressly agreed.