General Terms and Conditions of Red Sea Hotels
Scope of application
Express Travel International GmbH (hereinafter referred to as "ETI") can act as a travel agent (Section A) and/or as a tour operator (Section B).
ETI is considered a travel agent if travel contracts for individual travel services (e.g. flight, hotel, etc.), package tours (as defined in Section 2 (2) PRG) and linked travel services (as defined in Section 2 (5) PRG) are brokered by ETI between the tour operator or service provider on the one hand and the traveler on the other.
ETI is considered a tour operator if ETI puts together package tours (within the meaning of Section 2 (2) PRG) either directly or via another entrepreneur or together with another entrepreneur and contractually promises or offers them (cf. Section 2 (7) PRG).
The following terms and conditions form the basis for contracts between the travel agent (Section A) or the tour operator (Section B) and its customers/travelers (as defined in Section 2 (6) PRG).
A. ETI as TRAVEL AGENT:
1. Booking/conclusion of contract
1.1. In order to effectively agree on the general terms and conditions, these must be made known to the traveler by ETI before the contract is concluded or the traveler must be given the opportunity by ETI to view the general terms and conditions before the contract is concluded. The general terms and conditions can be accessed at www.eti.at.
1.2. For the contractual relationship between the traveler and the arranged tour operator, the arranged transport companies (e.g. train, bus, plane, ship, etc.) and other arranged service providers, the general terms and conditions on which this contractual relationship is based and effectively agreed apply of the arranged tour operator, transport company or other service provider.
1.3. The booking can be made in writing or (by telephone). (Tele)verbal bookings will be confirmed immediately in writing by ETI.
1.4. ETI uses booking forms that contain all the essential information about the traveler's order with reference to the travel advertisement on which the booking is based (catalogue, brochure, etc.).
1.5. The traveler who has ETI make a booking for himself or a third party is considered the client. Similarly, within the meaning of Section 7 Paragraph 2 PRG, he assumes the obligations arising from the agency agreement towards ETI (e.g. payment of fees, etc.).
1.6. The representations and descriptions of package tours and other services in the catalog and on the homepage of ETI, the tour operators and other service providers serve as mere advertising materials and do not represent offers in accordance with Section 4 PRG.
1.7. The fundamental suitability of a package tour in the specific case for people with limited mobility does not mean that every individual service included in the package tour contract can be used by the respective person with limited mobility.
1.8. The conclusion of the package travel contract between the tour operator or the service provider and the traveler takes place through the existence of consistent declarations of intent regarding the essential contract components (price, service and date), with the travel offer being made by the traveler in writing or (by telephone). Is accepted. The traveler will be provided with a copy of the contract/booking confirmation in accordance with Section 6 PRG upon or immediately after conclusion of the contract.
1.9. Special requirements of the traveler only become part of the contract if confirmed by the tour operator or service provider within the meaning of Section 6 Paragraph 2 Z 1 PRG.
2. The traveler's duty to provide information
2.1. The traveler must provide ETI with all personal (e.g. first and last names, date of birth, nationality, etc.) and factual information (e.g. planned import/take of medication, prostheses, animals, sports equipment, etc.) required and relevant for the package trip in a timely manner before concluding the contract, completely and truthfully
2.2. The traveler has ETI about all circumstances relating to him or her fellow travelers (e.g. allergies, food intolerance, lack of travel experience, etc.) and about his or the special needs of his fellow travelers (in particular limited mobility, poor health). condition and other restrictions) which may be relevant for the creation of travel offers or for the preparation and/or implementation of a package tour with the services to be agreed in each case (e.g. for hiking trips, etc.).
3. Duties of the travel agent, information and other additional services
3.1. ETI advises and informs the traveler based on the information provided by the traveler. ETI is not obliged to inform the traveler about generally known conditions (e.g. topography, climate, flora, fauna and culture, customary local conditions, etc.) at the travel destination.
3.2. General information on passport and visa requirements, health policy formalities as well as foreign exchange and customs regulations for travelers with Austrian citizenship can be obtained by selecting the desired destination country at https://www.bmeia.gv.at/reise-urlaub/reiseinformation/laender / - or, in the case of EU citizens, from their respective representative authorities. If possible, ETI will also provide relevant information upon request. ETI is not liable for any disadvantages resulting from non-compliance with these regulations, unless the traveler has been inadequately or incorrectly informed by ETI. It is understood that traveling abroad generally requires a travel document valid for the country of destination. The traveler is responsible for the validity of the required travel documents. If it is necessary to obtain a visa to enter a certain country, the traveler is responsible for obtaining it on time. The traveler is responsible for complying with the necessary health formalities communicated to him.
3.3. ETI creates non-binding travel suggestions for the traveler based on their information. These do not represent offers within the meaning of Section 4 PRG.
3.4. If the traveler expresses to ETI a specific interest in a travel proposal made to him by ETI, ETI will create a travel offer based on the travel proposal in accordance with the requirements of Section 4 PRG. The traveler will be given the standard information sheet in accordance with the PRG. The travel offer created by ETI is binding for the tour operator or, in the case of associated travel services or individual travel services, for the service provider.
3.5. The necessary booking documents, vouchers, transport documents and entry tickets, information on the planned departure times and, if applicable, the check-in deadlines as well as the scheduled stopovers, connecting connections and arrival times will be provided to the traveler by ETI in good time before the planned start of the package tour at the delivery/contact address last provided by him.
4. Obligations of the traveler
4.1. All contractual documents transmitted by ETI (e.g. package travel contract, booking confirmation, vouchers, vouchers, etc.) must be checked by the traveler for the factual accuracy of the traveler's information/data contained therein and for any discrepancies (particularly typographical errors; e.g. names, date of birth, etc.) as well Check for incompleteness. Any inaccuracies/deviations/incompleteness must be reported to ETI by the traveler immediately in writing.
4.2. The traveler must immediately notify ETI in writing of any restrictions and changes in accordance with point 2.2 that arise after conclusion of the contract and before the start of the package tour.
4.3. The traveler is obliged to pay in full and on time the fees agreed in the package travel contract in accordance with the payment provisions. The traveler is obliged to indemnify ETI in the event of non-payment and resulting damage to ETI (advance payments from ETI).
5. Price and service changes before the start of the trip
5.1. ETI will inform the traveler about price changes by the tour operator in accordance with Section 8 PRG and/or unilateral, insignificant changes to the content of the package travel contract by the tour operator in accordance with Section 9 Paragraph 1 PRG in a clear and understandable manner at the delivery/contact address last provided by the traveler and clearly announced on a durable medium.
6. The traveler’s duty to provide information
6.1. The conclusion of insurance (e.g. trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, international travel health insurance, delay protection, personal protection, etc.) to ensure adequate coverage of costs in the event of risks materializing in the period from the date of the package travel contract to at the end of the package tour is recommended by ETI.
6.2. Unless expressly agreed otherwise, the respective costs of travel insurance are not included in the travel price. Travel insurance is also offered as part of the brokerage services provided by ETI. The insurance contract is concluded exclusively between the traveler and the travel insurer listed. Claims from the respective insurance contract cannot be asserted against ETI, but only directly against the insurer.
7. Liability
7.1. ETI is not liable for the provision of the brokered service, nor for the provision of a service that the traveler has booked on site, or for the provision of a service that ETI has not arranged.
7.2. ETI is not liable for any property damage or financial loss to the traveler that occurs in connection with the booking, provided that it is due to unavoidable and extraordinary circumstances within the meaning of Section 2 Paragraph 12 PRG.
8. Fee for the travel agency
8.1. ETI is entitled to appropriate remuneration for the work it performs.
9. Delivery of declarations, data protection
9.1. The traveler's last address (e.g. email address) provided to ETI is considered their delivery/contact address. Any changes must be reported by the traveler immediately.
9.2. Declarations that the traveler sends to ETI by email are deemed to have been received as soon as they can actually be accessed by ETI. If sent outside of business hours, the traveler's email is deemed to have been received by ETI at the beginning of the next working day.
9.3. The personal data provided by the traveler will be processed and used electronically by ETI to the extent necessary to establish, implement or terminate the travel contract and for customer service. ETI complies with the provisions of the GDPR when collecting, processing and using personal data. ETI's data protection declaration is available at https://www.eti.at/datenschutz/
B. ETI as a TOUR OPERATOR
1. Booking/conclusion of contract
1.1. In order to effectively agree on the general terms and conditions, whereby they become part of the package travel contract, these must be made known to the traveler by ETI before the contract is concluded or the traveler must be given the opportunity by ETI to view the general terms and conditions before the contract is concluded. The general terms and conditions can be accessed at www.eti.at.
1.2. The booking can be made in writing or (by telephone). (Tele)verbal bookings will be confirmed immediately in writing by ETI.
1.3. If the traveler makes a booking for third parties (fellow travelers), he thereby confirms that he has been authorized by them to obtain an offer, to agree on the general terms and conditions and to conclude a package travel contract on their behalf. The traveler who makes a booking for himself or for a third party is considered the client. Similarly, within the meaning of Section 7 Paragraph 2 PRG, he assumes the obligations arising from the contract with ETI (e.g. payments, withdrawal from the contract, etc.).
1.4. The representations and descriptions of package tours and other services in the catalog and on the ETI homepage serve as mere advertising materials and do not represent offers in accordance with Section 4 PRG.
1.5. The fundamental suitability of a package tour in the specific case for people with limited mobility does not mean that every individual service included in the package tour contract can be used by the respective person with limited mobility.
1.6. The contract between ETI and the traveler is concluded through the existence of consistent declarations of intent regarding the essential contract components (price, service and date), whereby the travel offer is accepted by the traveler in writing or (by telephone). The traveler will be provided with a copy of the package travel contract/booking confirmation in accordance with Section 6 PRG upon or immediately after conclusion of the contract.
1.7. Special requirements from the traveler will only become part of the contract if confirmed by ETI in accordance with Section 6 Paragraph 2 Z 1 PRG.
1.8. Within the framework of the provisions of Section 7 PRG, the traveler is entitled to transfer the package travel contract to a third person who meets the contract conditions. ETI points out that changes to the traveler's name are treated as cancellations by some airlines, other carriers or service providers, which may result in additional costs for the traveler, which must be borne by the traveler himself.
1.9. In order to effectively agree on the general terms and conditions, whereby they become part of the package travel contract, these must be made known to the traveler by ETI before the contract is concluded or the traveler must be given the opportunity by ETI to view the general terms and conditions before the contract is concluded. The general terms and conditions can be accessed at www.eti.at.
2. The traveler's duty to provide information
2.1. The traveler must provide ETI with all personal (e.g. first and last names, date of birth, nationality, etc.) and factual information (e.g. planned import/take of medication, prostheses, animals, sports equipment, etc.) necessary and relevant for the package trip in a timely manner before concluding the contract, completely and truthfully.
2.2. The traveler has ETI about all circumstances relating to him or her fellow travelers (e.g. allergies, food intolerance, lack of travel experience, etc.) and about his or the special needs of his fellow travelers (in particular limited mobility, poor health). condition and other restrictions) which may be relevant for the creation of travel offers or for the preparation and/or implementation of a package tour with the services to be agreed in each case (e.g. for hiking trips, etc.).
3. Tasks of ETI as a tour operator
3.1. ETI advises and informs the traveler based on the information provided by the traveler. ETI is not obliged to inform the traveler about generally known conditions (e.g. topography, climate, flora, fauna and culture, customary local conditions, etc.) at the travel destination and is not liable for this.
3.2. General information on passport and visa requirements, health policy formalities as well as foreign exchange and customs regulations for travelers with Austrian citizenship can be obtained by selecting the desired destination country at https://www.bmeia.gv.at/reise-urlaub/reiseinformation/laender / - or, in the case of EU citizens, from their respective representative authorities. If possible, ETI will also provide relevant information upon request. ETI is not liable for disadvantages resulting from non-compliance with these regulations, unless the traveler was inadequately or incorrectly informed by ETI or a vicarious agent. It is understood that traveling abroad generally requires a travel document valid for the country of destination. The traveler is responsible for the validity of the required travel documents. If it is necessary to obtain a visa to enter a certain country, the traveler is responsible for obtaining it on time. The traveler is responsible for complying with the necessary health policy formalities communicated to him.
3.3. ETI creates non-binding travel suggestions for the traveler based on their information. These do not represent offers within the meaning of Section 4 PRG.
3.4. If the traveler expresses to ETI a specific interest in a travel proposal made to him by ETI, ETI will create a travel offer based on the travel proposal in accordance with the requirements of Section 4 PRG. The traveler will be given the standard information sheet in accordance with the PRG. This travel offer created by ETI is binding for ETI.
3.5. ETI expressly reserves the right to make changes to the pre-contractual information contained in the travel offer due to changes in prices or services. Such changes will be communicated to travelers clearly, comprehensibly and clearly before the package travel contract is concluded and will require the traveler's consent to be effective.
3.6. The necessary booking documents, vouchers, transport documents and entry tickets, information on the planned departure times and, if applicable, the check-in deadlines as well as the scheduled stopovers, connecting connections and arrival times will be provided to the traveler by ETI in good time before the planned start of the package tour at the delivery/contact address last provided by him.
3.7. Travel agents are not authorized to conclude different agreements with the traveler, to provide the traveler with information or to make promises to the traveler if this results in a change in the content of the package travel contract, if the contractually guaranteed services from ETI are exceeded or if there is a contradiction would become a travel offer. Unless otherwise expressly agreed, information and representations in travel catalogs and internet advertisements that were not published by ETI are not the subject of the travel offer or the content of the package travel contract and therefore have no binding effect on ETI.
4. Obligations of the traveler
4.1. All contractual documents transmitted by ETI (e.g. package travel contract, booking confirmation, vouchers, vouchers, etc.) must be checked by the traveler for the factual accuracy of the traveler's information/data contained therein and for any discrepancies (particularly typographical errors; e.g. names, date of birth, etc.) as well as incompleteness check. Any inaccuracies/deviations/incompleteness must be reported to ETI by the traveler immediately in writing.
4.2. The traveler must immediately notify ETI in writing of any restrictions and changes in accordance with point 2.2 that arise after conclusion of the contract and before the start of the package tour.
4.3. Unless otherwise expressly agreed, the traveler is obliged to make a deposit of 10% of the travel price within 14 days of receipt of the package travel contract, but no earlier than 11 months before the end of the package tour.
4.4. If the package travel contract is concluded within 20 days before the planned departure, the traveler must pay the entire travel price upon receipt of the package travel contract.
4.5. If the traveler violates the payment obligations incumbent on him in accordance with points 4.3, 4.4 or other express agreement, ETI is entitled, after a reminder has been given with a deadline, to withdraw from the contract and to claim damages in accordance with the flat rate compensation (cancellation fee). close.
4.6. With regard to the obligation of travelers to immediately report any non-conformity with the contract (request for remedial action) noticed during the trip, reference is made to point 7.2.
5. Travel insurance
5.1. The conclusion of insurance (e.g. trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, international travel health insurance, delay protection, personal protection, etc.) to ensure sufficient coverage of costs in the event of risks materializing in the period from the date of the package travel contract until the end The package tour is recommended by ETI.
5.2. Unless expressly agreed otherwise, the respective costs of travel insurance are not included in the travel price. Travel insurance is also offered as part of the brokerage services provided by ETI. The insurance contract is concluded exclusively between the traveler and the specified travel insurer. Claims from the respective insurance contract cannot be asserted against ETI, but only directly against the insurer.
6. Price and service changes before and after the start of the trip
6.1. In accordance with Section 8 Paragraph 1 PRG, ETI expressly reserves the right to make price changes in accordance with Section 8 Paragraph 2 PRG after conclusion of the package travel contract up to 20 days before the start of the package tour at the latest. ETI must inform the traveler of the price increase clearly, comprehensibly and clearly on a durable medium at the delivery/contact address they last provided, stating the reasons with a calculation. In the event that the costs specified in Section 8 Paragraph 2 PRG decrease between the conclusion of the contract and the start of the package tour, the traveler is entitled to a price reduction in accordance with Section 8 Paragraph 4 PRG.
6.2. In accordance with Section 9 PRG, ETI expressly reserves the right to unilaterally make insignificant changes to other contents of the package travel contract that do not affect the price after conclusion of the package travel contract. ETI must inform the traveler of the change to the delivery/contact address last provided to him clearly, comprehensibly and clearly on a durable medium. become.
7. Liability and warranty
7.1. ETI has no liability for services booked at the destination from other service providers.
7.2. If the traveler notices a lack of conformity during the provision of the travel services agreed in the package travel contract, he or she must immediately notify ETI directly or ETI's local representative at the travel destination of this non-conformity, citing its specific name. The traveler is obliged to help ETI improve or remedy the non-conformity.
7.3. If a breach of contract occurs, the traveler is generally obliged to mitigate the damage (§ 1304 ABGB).
7.4. The traveler's right to seek redress on his own only exists in the event that ETI does not comply with a request for redress made in accordance with point 7.2 after the traveler has set a reasonable deadline.
7.5. If the traveler fails to inform ETI about a perceived non-conformity as required under point 7.2, this can be attributed to the traveler as contributory negligence (§ 1304 ABGB).
7.6. ETI and its vicarious agents (e.g. airlines, hotel operators, etc.) expressly reserve the right to refuse the transport and/or accommodation of a traveler who has failed to inform ETI sufficiently and in a timely manner in accordance with point 2.2 about their limited mobility and/or or special needs.
7.7. ETI is not liable for the realization of the general life risk of the traveler during the package tour (e.g. natural disasters, illnesses of the traveler, official closures, etc.).
7.8. If the traveler's valuables are stolen during the package tour, this means that the general life risk is generally borne by the traveler himself.
7.9. ETI's liability for property damage and financial loss to the traveler due to unforeseeable and/or unavoidable circumstances that ETI did not have to take into account, as well as for excusable errors or even negligence, is increased according to the amount limited to three times the travel price.
7.10. Laws and regulations, instructions and orders from the staff on site, as well as commandments and prohibitions (e.g. ban on swimming, ban on diving, etc.) must be followed by the traveler. In the event of non-compliance by the traveler, ETI is not liable for any resulting personal injury or damage to property of the traveler or any personal injury or damage to property of third parties.
7.11. The traveler must inform ETI fully and truthfully about payments and services received from other service providers and third parties, which are to be offset against the traveler's claims for damages or price reductions against ETI.
8. Withdrawal by the traveler without paying a flat rate compensation
8.1. If the traveler withdraws from the contract in accordance with Section 10 Paragraph 2 PRG due to unavoidable and extraordinary circumstances at the travel destination or in its immediate vicinity, which significantly impair the implementation of the package tour or the transport of travelers to the travel destination, then the traveler has he must provide ETI with a written statement about this.
9. Withdrawal of the traveler with payment of a flat rate compensation
9.1. The traveler may withdraw from the contract at any time upon payment of a flat rate compensation (cancellation fee). He is obliged to provide ETI or the travel agent with a written declaration of his withdrawal.
9.2. Unless expressly agreed otherwise in the travel contract, the following flat-rate compensation (cancellation fees) apply per person: Cancellation: up to 31 days before departure 25% of the travel price; from the 30th to 15th day before departure 50% of the travel price; from the 14th to the 4th day before departure; 85% of the travel price; from the 3rd day (72 hours) before departure 100% of the travel price. Special conditions apply to hotel accommodation, holiday apartments, boat trips, one-day bus trips, special trains and scheduled air travel at special rates.
9.3. ETI reserves the right to demand higher, specific compensation in deviations from the aforementioned flat rates of the cancellation scale according to point 9.2, provided ETI can prove that higher expenses were incurred than the applicable flat rate. In this case, ETI is obliged to specifically quantify and substantiate the requested compensation, taking into account the expenses saved and any other use of the travel services. This applies in particular to trips marked with the travel type “MIXX”.
9.4. If the traveler stays away from departure because he lacks the will to travel, or if he misses departure due to an act attributable to him or because of a coincidence that happened to him (no-show) and it is made clear that the traveler will no longer be able to use the remaining travel services can or wants to, he must pay a flat rate compensation amounting to 100% of the travel price.
10. Withdrawal from ETI after the start of the package tour
10.1. ETI will be released from fulfilling the contract without being obliged to refund the travel price if the traveler disrupts the package tour through grossly improper behavior (e.g. abuse of alcohol or drugs, non-compliance with a smoking ban, disregard of certain clothing regulations, for example when visiting religious places or when eating meals, criminal behavior, disruptive behavior towards fellow travelers, failure to comply with the tour guide's instructions such as regular late arrival, etc.) despite a warning being given, disrupts the travel process or fellow travelers and disrupts it to an extent , which is likely to impair the holiday relaxation of third parties or fellow travelers or to frustrate the purpose of the trip.
11. Delivery of declarations, data protection
11.1. The traveler's last address (e.g. email address) provided to ETI is considered their delivery/contact address. Any changes must be reported by the traveler immediately.
11.2. Declarations that the traveler sends to ETI by email are deemed to have been received as soon as they can actually be accessed by ETI. If sent outside of business hours, the traveler's email is deemed to have been received by ETI at the beginning of the next working day.
11.3. The personal data provided by the traveler will be processed electronically and used by ETI to the extent necessary to establish, implement or terminate the travel contract and for customer service. ETI complies with the provisions of the GDPR when collecting, processing and using personal data. ETI's privacy policy is available at
https://www.eti.at/datenschutz/
12. Bankruptcy Protection
ETI is registered under number 2005/0024 in the tour operator directory at the Federal Ministry of Economics and Labor and at Accelerant Insurance Europe SA under the pole number. A52234 Insolvency insured (GISA – number 25119367). In the event of insolvency, all claims must be reported within 8 weeks directly to the responsible insolvency processor at Cover-Direct Versicherungsmakler und Werbeagentur Ges.m.b.H., Hietzinger Hauptstrasse 35 DG, A-1130 Vienna T +43 (0) 1 / 969 08 40 Emergency DW 5 .
13. Late payment
If the due deposit or remaining payment is not paid within five days despite a reminder, we can withdraw from the contract and, as flat-rate compensation, the cancellation fees agreed upon in the event of the traveler's withdrawal calculate.
14. Rebooking
If, at the request of the traveler, changes are made to the travel date, travel destination, location, start of travel, accommodation, meal rate or type of transport after booking the trip, the organizer ETI reserves the right to do so -account for any additional costs incurred as a result. Flight rebookings are not possible for offers and bookings with the travel type MIXX. Rebooking is generally only possible upon request and subject to availability and based on the contractual travel price. Deviations depending on the travel service and type of travel are reserved.
15. No-show
No-show occurs if the traveler fails to depart because he lacks the will to travel or if he misses the departure because of an act attributable to him or because of a coincidence that happened to him ;umt. If it is also clear that the traveler can no longer or does not want to use the remaining travel services, he or she must pay the above-mentioned flat rate compensation.
Address: Express Travel International GmbH
Karlsplatz 3, 1010 Vienna,
Tel.: +43 1 — 5124216,
Fax: +43 1 - 5124217,
Email: info@eti.at, www .eti.at
As of: January 2023, subject to change!
