TERMS AND CONDITIONS AUSTRIA
EMI.CONCEPT Travel Agency GmbH
1. Scope of application
a. EMI. CONCEPT Tour Operator: EMI.CONCEPT Travel Agency GmbH, represented by Andrea Popp, Schottenfeldgasse 2-4 / 22, 1070 Vienna ("EMI.CONCEPT") operates a website under the URL http://www.ayurveda4health.at or http//: http://www.ayurvdaforhealth.at These terms and conditions ("TOS") apply to the services offered by EMI.CONCEPT on the website, including services provided by telephone, fax, or e-mail. EMI.CONCEPT acts solely as the organizer of transport, accommodation and related services (flights, round trips, hotel bookings, etc. (hereinafter referred to as "travels")) with regard to the services listed on the website.
2. booking
a. Making the reservation: You can first select and compile your travel through various travel service categories on the EMI. CONCEPT website. By completing the inquiry form, the additional information fields about yourself and other travelers in the request form, as well as the sending of the signed offer form and the deposit and later full payment of the travel, you assign us to perform a transport service or any other service related to the execution of your trip. You are bound to your booking contract. You have the opportunity to read and review the offer at any time prior to completing the booking in order to identify and correct any errors. By making a booking, you accept the terms and conditions of EMI.CONCEPT in the version valid at the time of booking. To make a booking, you must be 18 or older. As far as services of foreign companies (service providers, tour operators) are mediated, foreign law can also be applied.
You hereby agree that the personal information provided by you during the booking process, such as first name, surname, postal address, e-mail address, telephone number is stored and processed by EMI. CONCEPT in order to process the booking within the framework of the legal authorization. A transfer of your personal data to third parties, especially providers and tour operators, takes place exclusively within the legal framework and in the course of the booking process. Any revocation has no effect on data applications directly covered by the law, in particular the processing necessary for the performance of the contract.
b. Conclusion of contract: By sending the signed offer by email or by fax, you submit an offer to conclude a contract with EMI.CONCEPT. The booking made by you will only be deemed accepted by us at the time you received the booking confirmation and the journey was paid a deposit for and later paid in full.
c. Booking Confirmation: You also have the obligation to immediately check the booking confirmation sent to you for correctness. Please inform EMI.CONCEPT of any deviations in the confirmation from your original booking immediately after becoming aware.
d. No right of revocation: In principle, as a consumer within the meaning of the KSchG, you can withdraw from a contract concluded by distance selling in accordance with § 5e KSchG.
Pursuant to § 5f Z 1 KSchG, the customer has no right of withdrawal for services, the execution of which is commenced as agreed with the consumer within seven working days (§ 5e (2), first sentence) from the conclusion of the contract. Further, according to § 5f Z 7 KSchG, the customer has no right of withdrawal for contracts for leisure services pursuant to § 5c (2) 2 KSchG, which in particular include services in the areas of accommodation and transport, if the contractor undertakes to contract the services at a certain time or within a specified period. Accordingly, you have no statutory right of withdrawal for distance contracts.
3. Registration on the website
a. No obligation to register: Basically, as a guest you can use our services on our website and make a request. Your data will be deleted after settlement of the booking, unless there are statutory storage requirements.
b. Cancellation: You can cancel your request at EMI.CONCEPT at any time. Simply send a message to EMI.CONCEPT in text form (for example by e-mail, fax or mail) and we will delete your information immediately if it is no longer needed to provide you with services ordered.
c. Exclusion in the event of a breach of terms of use: In the event of a breach of these Terms of Use or reasonable suspicion that an infringement exists, EMI.CONCEPT shall be entitled at any time to exclude the respective user from the use of this website and / or services after a reasonable time limit has expired as soon as already made bookings are completed. For elementary violations of the user or a reasonable suspicion for this, a prior warning is unnecessary.
4. Services provided by EMI.CONCEPT
a. Maximum number of hotel room bookings: Upon request to EMI.CONCEPT, no more than 2 rooms can be requested for the same hotel / same time period through the EMI.CONCEPT website. Should we find that you have reserved more than two rooms in total as part of separate request procedures, your request will be canceled and a cancellation fee may apply. If you wish to request and book 3 or more rooms, please contact the group bookings department at EMI.CONCEPT. Our staff will process your request and then contact you to complete the booking. In any case, the signing of a written contract and / or the payment of a non-refundable deposit is required.
b. Information in the event of a change in the itinerary: It is also an integral part of the service provided by EMI.CONCEPT that if changes to your itinerary should occur at short notice, e. g. if flights are relocated or canceled, out staff will try to inform you by phone call or by e-mail.
c. Travel Information / Travel Assessment: EMI.CONCEPT will be emailing you some travel information to your destination prior to your departure and will be asking you how you liked the trip upon your return. Like the EMI.CONCEPT website, these e-mail messages as well as the confirmation e-mail for your booking may contain a small amount of advertising from EMI.CONCEPT or EMI.CONCEPT contractors.
You hereby expressly consent to the use of your personal data for marketing purposes by EMI.CONCEPT, in particular also the sending of commercial messages, also by e-mail (§ 107 Telecommunications Act 2003). This consent to the use of the data and the consent to commercial advertising can be revoked by you at any time - even separately - by e-mail.
d. Information in English: The travel services offered by EMI.CONCEPT are partly fed directly from international travel booking systems or linked directly to them. Such travel offers often contain regulations in English, which may also affect the type and extent of the travel services offered. If you have any problems understanding this information, please contact the EMI.CONCEPT customer service at 01 8040088 (landline fixed network, mobile phone rates may vary by provider).
e. Booking documents of hotel, flight and transfer: You will receive the flight ticket, the transfer confirmation and the hotel confirmation by post or email!
5. Payment, booking fee and taxes
a. Booking fee: EMI.CONCEPT may charge a booking fee for arranging flights. This will not be refunded in the event of cancellation or rebooking of the flight by the customer, unless the cancellation by the customer is due to the fault of EMI.CONCEPT and / or its vicarious agents.
b. Billing: The price of the services booked is either (i) paid to EMI.CONCEPT, which accepts the payments on behalf of the providers, and / or (ii) directly to the providers. The customer may be charged by more than one party.
c. Payment methods: flight & hotel, tours, hotels and can only be paid by bank transfer to EMI.CONCEPT. The possible payment methods are listed on every trip and other bookable services and can vary.
d. Payment for flight bookings: If EMI.CONCEPT receives the payment of a customer for the booking of an air travel service, EMI.CONCEPT acts for the provider of the respective air travel service. In this case, the contract exists with regard to the air travel service between the customer and the provider of the respective air travel service.
e. Taxes on hotel bookings: The taxes levied on advance payment of hotels correspond to the anticipated taxes for the booking and use of the rooms, taking into account the occupancy, sales and consumption charges (and the like) that a provider pays the hotel for the taxes due to the rental of the room. The hotels charge the provider the respective tax amounts. The hotels are responsible for paying the applicable taxes to the respective authorities. Neither EMI.CONCEPT travel agency GmbH nor the provider act as Co-Landlord of the hotel booked by the customer. The applicable taxes and rates vary greatly depending on the location of the hotel. The taxes actually paid by the provider to the hotel may differ from the taxes levied, depending on the applicable rates, controllability, etc. at the time of the client's current stay at the hotel.
6. Cancellation, cancellation, non-arrival of the journey
a. Resignation: The resignation from the journey must be explained to the respective tour operator or provider. You may contact EMI.CONCEPT in writing via fax or e-mail, stating your travel plan number.
b. Cancellation costs: If you finally withdraw from the contract, the amount of the costs incurred will be determined by the terms of the tour operator or provider. We recommend to get a travel cancellation insurance.
c. Contest due to error: If you wish to cancel your binding booking due to an error on your part (for example due to typing errors), you are legally obligated to replace EMI.CONCEPT with the loss of trust, i. those financial disadvantages that have arisen due to the reliance on the validity of the booking.
d. Failure to participate on a flight route: Please refer to the relevant carrier's instructions for information on when a route may be canceled in the event of non-arrival (for example, return flight if no outbound).
e. Combination of single tickets: EMI.CONCEPT may allow the customer to combine two single flights and book them together instead of one round trip ticket. Combined single flights increase the choice of flight options, are often cheaper, and can combine flights from the same airline or different airlines.
Unlike return tickets, each individual ticket is subject to its own rules, restrictions and fees. If one of the combined single flights is affected by a flight change (e.g. a cancellation or a change of the flight time), which leads to the fact that the customer must also change the other booked single flight, the customer is responsible for all resulting fees and also for changing the other single flight.
f. Rebooking: The conditions for a rebooking depend heavily on the booked travel service and can also lead to a rebooking fee of the provider, as far as he has informed about them in his terms and conditions.
7. Information on passport, visa, foreign exchange, health regulations
a. Austrian Citizenship: Any reference to the EMI.CONCEPT website for passport, visa, foreign exchange or health policy of your destination will presume that you are an Austrian citizen. If this is not the case, please contact the embassy or consulate responsible for you with regard to this information.
b. Third party information: EMI.CONCEPT makes no representations or warranties as to the accuracy, completeness or timeliness of this information at the time of this information, as EMI.CONCEPT relies on third party information (tour operators or government agencies) and may change its terms at any time.
8. Conduct and liability of the user
a. Non-Commercial Use: This website is for your personal and non-commercial use. You may not otherwise use, provide, make available, translate, process any information, products or services that you receive through this website, including, but not limited to, duplication or distribution in wireless or wired form.
b. Compliance with applicable law and these Terms of Use: You may not use this website or services in a manner that violates applicable law of the Republic of Austria or these Terms of Use.
c. Liability for your actions and actions of third parties: You are liable for the use of this website by you, in particular the minors living in your household, in accordance with the statutory provisions. Any request for information on this website made by minors on your behalf must be monitored. Information provided by you or members of your household on your behalf using this website must be accurate and complete.
d. Prohibition of speculative and fake bookings: Any speculative request made in exploitation of a manifestly incorrect pricing or fraudulent request, or any request and subsequent booking made in anticipation of increased demand, is prohibited without limitation. The means of requesting travel through this website may only be used to make lawful inquiries and bookings for you.
e. Indemnification of Third Party Claims: You release EMI.CONCEPT and its agents from any and all third party claims, including the costs of reasonable legal action and defense claimed against EMI.CONCEPT or its vicarious agents for culpable conduct on your part.
9. Liability of EMI.CONCEPT
a. Information on the EMI.CONCEPT website: EMI.CONCEPT CARES ABOUT THE ACCURACY OF THE INFORMATION ON THE SITE AND HAS CREATED THE CONTENT OF THE WEBSITE WITH THE GREATEST CARE. WITH REGARD TO THE FREE DELIVERY OF THE INFORMATION; THE FILLING OF DATA AND THE EXISTING SAFETY RISKS ON THE INTERNET IT IS SIMPLY IMPOSSIBLE TO COMPLETELY PREVENT ERRORS; VIOLATIONS OF LAW OR OVERSIGHTS COMPLETELY. FOR INDIVIDUAL INFORMATION ON THE TRIPS, EMI.CONCEPT DEPENDS ON THE INFORMATION OBTAINED FROM THE PARTICULAR ORGANIZERS. EMI.CONCEPT HAS NO POSSIBILITY TO CHECK THIS INFORMATION FOR ITS ACCURACY. THEREFORE, EMI.CONCEPT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THIS INFORMATION. THE SAME APPLIES TO OTHER INFORMATION CONTAINED ON THE SITE AND PROVIDED BY THIRD PARTY. THE RULES UNDER THIS PARAGRAPH 9.a DO NOT INCLUDE THE LIABILITY OF EMI.CONCEPT FOR ITS OWN DAMAGES UNDER THE PROVIDER AGREEMENT.
b. No contractual assurances or warranties: NEITHER EMI.CONCEPT NOR ITS PARTNER COMPANIES MAY PROVIDE ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATION, OR WARRANTY, BECAUSE THIS IS DONE WITHIN AN INDIVIDUAL COMMUNICATION WITH YOU.
c. Availability and provision of the travel: EMI CONCEPT IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THE TRIP AT THE TIME OF BOOKING OR FOR THE PROVISION OF THE BOOKED TRIP.
d. Hyperlinks: HYPERLINKS ON THE EMI.CONCEPT WEBSITE ARE PROVIDED TO YOU ONLY AS INFORMATION. EMI.CONCEPT HAS NO INFLUENCE ON THE CONTENT OF THIS SITES. THE INCLUSION OF HYPERLINKS OF SUCH WEBSITES BY EMI.CONCEPT DOES NOT IMPLY ANY CONSIDERATION OF THE CONTENT ON SUCH WEBSITES OR ANY RELATIONS WITH THEIR OPERATORS. EMI.CONCEPT ASSUMES NO RESPONSIBILITY FOR THE CONTENTS; THE ACCURACY; COMPLETENESS AND UPDATES OF INTERNET OFFERS LINKED TO THE WEBSITE.
e. Liability for ordinary negligence: ANY LIABILITY OF EMI.CONCEPT IS LIMITED TO INTENTION AND GROSS NEGLIGENCE.
f. IN THE CASE OF SPECIAL RISK TRAVEL, THE ORGANIZER SHALL NOT BE LIABLE FOR THE CONSEQUENCES INCURRED AT THE ADMISSION OF THE RISKS.
G. Maximum Liability: THE LIABILITY OF EMI.CONCEPT IS LIMITED IN SLIGHT NEGLIGENCE FOR EVERY INDIVIDUAL CASE TO THE MAXIMUM AMOUNT FOR THE BOOKED SERVICE WHICH RESULTS FROM THE CLAIM.
H. Exclusion of Liability: TO THE EXTENT ALLOWED BY PRODUCT LIABILITY LAW, PERSONAL INJURY OR BREACH OF CONTRACTUAL MAJOR SERVICE OBLIGATIONS AND OTHER LEGAL WARRANTY, THIS PREVIOUS LIMITATION OF LIABILITY IS EXPRESSLY EXCLUDED.
i. Extension of the limitation of liability to third parties: TO THE EXTENT THAT EMI.CONCEPT'S LIABILITY IS EXCLUDED, THIS IS ALSO APPLICABLE TO THE PERSONAL LIABILITY OF EMI.CONCEPT'S EMPLOYEES, LEGAL REPRESENTATIVES AND BENEFICIARIES.
10. Data Protection
For information about how EMI.CONCEPT handles personal information, see our Privacy Statement.
11. Final Provisions
a. Ineffective or unenforceable proisions: If one of the above provisions - as far as it does not affect a main performance obligation - should prove ineffective or unenforceable, the remaining provisions remain valid.
b. Governing Law and Jurisdiction: This Agreement shall be governed by Austrian substantive law excluding its referral norms and the UN Sales Convention. For consumers within the meaning of the Consumer Protection Act, this choice of law applies only to the extent that the consumer is more favorable to the provisions of the law of the country in which he has his habitual residence. The place of jurisdiction for all disputes arising directly or indirectly from the use of the website, including the question of the applicability of the terms and conditions, shall be the exclusive venue of the court responsible for 1010 Vienna. The choice of court does not apply to consumers i. P. D. Consumer Protection Act.
c. Change of Terms: EMI.CONCEPT reserves the right to change the conditions at any time. By using the website after posting changes, you submit to the new terms. Travels booked at the time of change will not be affected by this change.
d. Storage of the terms and conditions: Your booking information and the terms and conditions of the booking (together the contract) are stored by EMI.CONCEPT. The current version of the Terms and Conditions is available for download at the URL http://ayurvedaforhealth.at/index.php?pid=13. EMI.CONCEPT stores all older terms and conditions. For your safety we ask you to save or print the latest version at the time of booking.
e. Available languages: A booking by the acceptance of a booking offer via this website can only be made in German.
f. Customer service: Our customer service is available by phone Mon - Thurs 9-17 clock on the phone number 01 8040088 (landline at local rates, mobile phone rates may vary by provider) available.
