General Terms and Conditions


Terms and conditions of Blaguss Reisen GmbHGeneral terms and Conditions of Blaguss Touristik

General contract- and transport conditions of Blaguss Reisen GmbH

1. Price agreements only apply to the specified travel route and the indicated travel duration. If the actual travelled distance is exceeded—for reasons that are within the customer or passenger’s area, due to safety reasons or traffic-related needs—the corresponding additional mileage will be billed retroactively.
Up to an additional €60 will be billed per started hour if the agreed travel time is exceeded.

2. Blaguss Reisen GmbH is liable for the punctual provision of the running vehicle that was ordered in writing, unless there are circumstances that Blaguss Reisen GmbH could not avert despite all reasonable measures. Blaguss Reisen GmbH is not liable for claims by passengers who fail to arrive at the departure time announced by the driver or tour guide at stopovers. Blaguss Reisen GmbH is not liable for claims from passengers who have to be left behind because they do not have the required identification documents (valid passport, visa, etc.) with them. Likewise Blaguss Reisen GmbH is not liable for the late arrival at stopovers or at the final destination.

3. Bus size and maximum number of passengers
The bus may not carry more than the maximum number of passengers. Regardless of the confirmation sent, Blaguss Reisen GmbH remains the right to use a bus with a higher seating capacity than stated.

4. Items (e.g. hand luggage) which can easily be stored within a passenger’s seating area without affecting other passengers, may be brought onto the bus at the passenger’s own risk and free of charge.
Travel luggage must be packed and sealed in a manner that the contents are protected against loss, deterioration, or damage. The owner's name and mailing address must be indicated on the luggage pieces.
Hazardous, bulky, or other unusual pieces of luggage may be excluded from being taken along. Travel luggage will only be taken along on the basis of available cargo space. Passengers are responsible for the loading of their luggage onto the bus. Blaguss Reisen GmbH is not liable for pieces of luggage that have been lost after unloading. Similarly, Blaguss Reisen GmbH is not liable for luggage that is left or forgotten in the bus overnight.
Blaguss Reisen GmbH is liable for any loss, deterioration, or damage to transported luggage during transport according to existing motor traffic regulations, particularly those under the provisions of the Commercial Code concerning the rights and obligations of a carrier as well as the provisions of the Civil Code. In the case of liability, Blaguss Reisen GmbH is obligated to pay the amount of proven damages, however no more than 55 euros per piece of luggage. Blaguss Reisen GmbH is neither liable for travel luggage which was defectively packaged, damaged or unsealed nor for cash and valuables.

4a. Transportation of bicycles
Blaguss Reisen GmbH is not liable for any possible damages that may occur during the loading and unloading of bicycles that are transported in a bike trailer.

5. If a passenger soils or damages the bus or its equipment, the orderer shall bear the costs for cleaning and/or repair as well as compensate any related loss of earnings for the time the bus cannot be used.

6. Animals that can be transported without any threat or harassment of passengers may be carried with the driver or tour guide's approval.

7. The driver is obligated to comply with the prescribed pauses during the travel services.

8. If a client withdraws from the contract, Blaguss Reisen GmbH is entitled to the compensation of the travel costs already incurred, which covers at least a €20 handling fee. In addition for withdrawal by the purchaser

beginning with the 21st working day before the ordered date 10%
beginning with the 14th working day before the ordered date 40%
beginning with the 7th working day before the ordered date 70%

of the payment agreed upon, or arising from the contract, shall be billed as a cancellation fee. If the cancellation occurs on the day of the ordered date or immediately preceding a Sunday or public holiday, the cancellation fee shall be 90% of the agreed payment.

9. After completion of the trip the purchaser is obligated to confirm the exact number of persons, time of return, any route changes, etc. on the provided form.

10. Any complaints regarding deficiencies in the execution of the travel contract shall be immediately recorded in writing on this form below, otherwise the right to make a claim for abatement or compensation damages shall be forfeited.

11. Unless otherwise explicitly agreed on, payments with debt discharging effect can only be made directly to Blaguss Reisen GmbH, and not to the driver.

12. Jurisdiction is Oberpullendorf.

The passenger rights in bus transport apply.



AGB Blaguss Reisen GmbHGeneral terms and Conditions of Blaguss Touristik

General travel conditions of BLAGUSS Touristik GmbH

General Travel Conditions (ARB 1992) conform to the amendment to Consumer Protection Law Federal Gazette 247/93 and to the Warranty Amendment Act, Federal Law Gazette I no. 48/2001. Jointly discussed in the consumer political advisory body in the Ministry of Health, Sports and Consumer Protection in accordance to sec. 73. para. 1 1994 Trade Act (GewO) and of sec. 8 of the Regulation of the Ministry of Economic Affairs in the 1994 version of the Performance Regulations for the Travel Agency Industry (now sec. 6, acc. Federal Law Gazette II no. 401/98). BLAGUSS Touristik GmbH recognizes the “General Travel Conditions (ARB 1992)” for the most part. Full text is available at the travel agency and at www.reisebueros.at under ‘laws, regulations and contracts’.

Provisions deviating from AGB 1992 are displayed in color below and are compared to the corresponding general travel conditions. The additional special conditions take precedence.

ARB 1992:

B. THE TRAVEL AGENCY AS AN ORGANIZER:

2. Change in the person of the travel participant

A change in the person of the traveller is possible if the substitute person meets all requirements for participation. This can be carried out in two ways:

2.1. Assignment of the right to travel
The performance obligations of the booking party under the travel contract remain in force if all or any claims under this agreement are assigned to a third party. In this case the booking party bears the resulting costs.

2.2. Transmission of the travel event
The customer may transfer the contractual relationship to another person if he or she is prevented from proceeding with the travel event. The organizer shall be notified of the transfer either directly or via the agent within a reasonable time before the date of departure. The travel organizer may announce a specific period beforehand. The transferor and the transferee shall be liable for the unsettled payment and, where appropriate, jointly and severally for the additional costs arising from the transfer.
A change in the person of the travel participant is only possible according to the specific requirements of the respective service providers (airlines, agency, hotel, etc.) and must be made no later than 21 days before departure. Our rebooking fee is €25 per person plus any transaction costs accruing of the aforementioned service providers.

5. Legal bases for non-performance

5.1. Warranty
The customer is provided with a warranty claim in the event of no or poor service. In this case the customer agrees to the provision of a faultless performance or improved poor performance by the organizer within a reasonable time instead of claiming a conversion or reduction in price. The service provider shall either rectify the default or provide service that is of equivalent or higher value and that also meets the customer’s explicit approval.

5.2. Indemnity
If the tour organizer or the assistants culpably violate the obligations contractually incumbent upon the organizer, then the organizer is obligated to compensate the customer for the resulting damage. Indemnity due to damage from slight negligence is excluded. To the extent that the tour organizer is responsible for persons other than the employees, the organizer is liable—except in cases of personal injury— if neither willful misconduct nor gross negligence is proven. Besides willful misconduct or gross negligence, the tour organizer is not liable for items, which are usually not taken along, unless the custody of these objects has been taken with the knowledge of the circumstances. Therefore the customer is recommended to not take objects of special value along. It is furthermore advised to keep all personal objects safe at all times.

7. Withdrawal from the contract

7.1. Withdrawal by the customer prior to travel

a) Withdrawal without cancellation fee
Irrespective of the legally granted withdrawal rights, the customer can withdraw without the operator having redress in the following cases occurring before commencement of the service: If essential elements of the contract, including the travel price paid, are significantly changed.
In any case, frustration of the intended reason and/or character of the travel event, as well as an increase in the agreed travel price of more than 10 per cent in accordance with section 8.1 constitute such contract amendments.The organizer is obligated to explain the contract amendment to the customer without delay either directly or through the travel agency and to instruct the customer either to accept it over the existing option or to withdraw from the contract. The customer must exercise his right to choose immediately. If the operator is at fault for occurrence of the event that qualifies the customer to withdraw, the organizer is obligated to compensate the customer for damages in relation to this. Liability of damages due to slight negligence is excluded.

b) Entitlement to compensation
If the customer does not exercise the withdrawal option pursuant to a) and the tour organizer cancels the trip for reasons which are not the fault of the customer, the customer can request the provision of another travel event of equal value instead of reversal of the agreement, insofar as the organizer is in a position to be able to provide such service. Besides the right to an option the customer also has the right to compensation for non-performance of the contract unless the provisions described in clause 7.2 are applicable. In case of sight negligence the liability shall be excluded.

c) Withdrawal with cancellation fee
The cancellation fee is a percentage of the travel price and is based on the time of the withdrawal as well as on the respective type of travel. The total price of the contractually agreed upon service is understood to be the trip or package price. The customer is entitled to withdraw from the contract without payment in all cases that do not fall under item a). The court can mitigate disproportionate cancellation fees.

The following cancellation rates result per person depending on the type of travel:

1. Special flights (charter), group IT (all-inclusive group travel in regular service), bus tours (multi-day trips)
Up to the 30th day before departure 10%
from the 29th to the 20th day before departure 25 %
from the 19th to the 10th day before departure 50 %
from the 9th to the 4th day before departure 65 %
from the 3rd day (72 hours) before departure 85 %
of the travel prices.
In derogation of the No-Show-rates stated in the ARB 1992, the cancellation rates for trips from this catalogue are the following: No-Show 100%. The court can mitigate disproportionate cancellation fees.

2. Individual IT (individual package tours in regular service), railway travel company (expect special trains)
Up to the 30th day before departure 10%
from the 29th to the 20th day before departure 15 %
from the 19th to the 10th day before departure 20 %
from the 9th to the 4th day before departure 30 %
from the 3rd day (72 hours) before departure 45 %
of the travel prices.

3. Day trips / Pre-bookes shuttles (without admission tickets or additional service) or shuttles (e.g. Seespiele Mörbisch) can be reimbursed. Special cancellation conditions may apply. Special conditions apply for hotel accommodations, vacation apartments, ship cruises, one-day bus rides, special trains, and regular service airline trips at special rates. These must be listed in the detailed program.

BLAGUSS Toiristik's SPECIAL CACELLATION CONDITIONS

1. for all air travel
100% of the air ticket costs after ticket issuance (see the booked airline general terms and conditions: information at your travel office)

2. Individual IT (individual all-inclusive trips on regular service)
Up to the 30th day before departure 10%
from the 29th to the 20th day before departure 25 %
from the 19th to the 10th day before departure 50 %
from the 9th to the 4th day before departure 65 %
from the 3rd day (72 hours) before departure 85 %
busservice Adria: No-Show (at non-attendance) 100%
of the travel prices.

3. Seat-in trips
All trips with the comment "Guarateed execution"
Up to the 40th day before departure 10%
from the 39th to the 15nd day before departure 30 %
from the 14st to the 8th day before departure 50 %
from the 7th to the 2nd day before departure 75 %
24 hours or less 100%

4. Event, Music or Sports trips
With cancellation of a music trip, the cancellation rates pursuant to 7.1 of the ARB for the travel price, minus the administration tickets, come into use. The administration cards are billed in full.

5. Additional services
Musical cards, city cards, transfer value tickets, museum passes, etc. are excluded from return and exchange as of booking.
Note: These special cancellation conditions supersede the above ARB provisions.

Withdrawal declaration
The following is to be noted when withdrawing from the contract: The customer (client) may announce withdrawal from the contract any time to the travel office at which the travel was booked. It is recommended to cancel

  • by registered letter or
  • in person with concomitant written explanation

d) No-show
No-show occurs when the customer fails to appear at departure because he lacks the desire to travel or if he misses the departure because of negligence beyond his control or due to a random happenstance that has befallen him. If it is further clarified that the customer no longer can or wants to take advantage of the remaining travel service, he has to pay 85 percent of the travel price. In case the rates mentioned above are unreasonable, the court can mitigated them in individual cases.

7.2. Withdrawal of the organizer prior to departure
a)  The organizer is released from the contract if from the outset certain in the tender the minimum number of participants is not achieved and the customer was notified in writing of cancellation within the time periods specified below or in the description of the travel event:

  • up to 20. Day before departure on trips of more than six days,
  • up to the 7th day before departure on trips of 2 to 6 days,
  • up to 48 hours before departure on day trips.

Minimum number of participants: 150 people on charter flight trips; 20 people on group trips with scheduled flights and 25 people on bus trips (if not indicated otherwise during the trip).

7.3. The organizer's withdrawal after departure
The organizer is released from the contract if within the scope of a group trip the customer persistently disrupts journey by grossly improper behavior despite a warning. In this case, the customer, if he is at fault, is obligated to compensate the organizer for damages.
If a third party concludes the travel contract, he shall be liable for all damages caused by the traveller, jointly and severally (e.g. trustee). Minors and under-age travel participants may only report for the trip in question with a supervisory or accompanying person. In addition every traveler must me in the physical, mental and physiological position to fulfill personal tasks independently as well as fulfill the requirements of the booked trip. The traveler, respectively the person booking, must state all health impairments in order to ensure that the choice and schedule of the trip take these impairments into account. The driver tour guide will provide help in emergencies if possible (e.g. docto's visites, transport to hospital, etc.); however they will not assume any further care responsibilities. The organizer reserves the right to withdraw from the contract if for any reason a traveler cannot continue with the trip (e.g. hospital stay, ect.) or if the travel group cannot continue on the trip because of a fact belonging to the sphere of the travelling person. Should the trips in this catalogue not correspond to the physical constitution of the customer, an individual solution may be developed in one of our branches or on the telephone.

8. Contract amendments

8.1. Price changes
The organizer reserves the right to increase the tour price confirmed with the booking for reasons not dependent on his will if the travel date is more than two months after contract signing. Such reasons are solely the change in transport costs such as fuel costs, fees for certain services such as landing taxes, embarkation or disembarkation fees at ports and airports, or the exchange rates applicable to the particular travel event.

A reduction for these reasons must be passed on to the passengers. Price increases within the two-month period can only be made within the two-month period if the reasons for them have been negotiated in detail at time of booking and were noted on the booking form.

The price may not be changed beginning on the 20th day before the departure date. A price change is only permissible then if an exact calculation of the new price is provided when the agreed upon conditions are present. Price changes and the circumstances surrounding them must be immediately explained to the customer. The customer's withdrawal without cancellation fee from the contract is possible in any case when the travel price is changed by more than 10 per cent (see section 7.1.a).

8.1.1. Small-group surcharge
Failure to achieve the minimum number of participants prescribed in the catalogue or laid down in an announcement leaves it is up to the organizer to collect a small-group surcharge, which shall not exceed 10% of the travel price. This small-group surcharge does not entitle withdrawal from the trip if the latter is actually conducted in small groups according to the catalogue announcement.
The provisions of item 7.1.(a)—cost-free cancellation option with price changes of more than 10%—remain in full force.

Additional special travel conditions and information from BLAGUSS Touristik

1. Booking / Contract conclusion
Your reservation is binding once it has been confirmed in writing to you or your travel agency. A deposit of 10% of the package price must be paid upon booking. The outstanding balance must be paid upon  the delivery of the travel documents, no earlier than two weeks prior to your departure.

2. Organizer- Protection of customer funds
Pursuant to the EU-Package Travel Directive dated 13th June 1990 (90/314/EEC, article 7) implemented in Austrian law pursuant to Travel Agent Security Regulations (RSV), Federal law Gazzete 11 no. 10/1998 as amended by Federal Law Gazette 11. no. 118/1998.
BLAGUSS Touristik GmbH (headquarters: 7000 Eisenstadt, company register 200225z at Eisenstadt District Court), located at Wiedner Hauptstraße 15, 1040 Vienna, is registered in the Federal Ministry of Economics and Labour's list of organizers under the registration number 1998/0174.
Pursuant to the Travel Agency Regulation (RSV), a Raiffeisen Landesbank for Burgenland bank guarantee protects customers' deposits for all-inclusive holidays organized by BLAGUSS Touristik GmbH in the event of insilvencey uder the following conditions:
The deposit is made less than eleven months before the end of the trip and is not more than 10% of the price. The outstanding balance is paid no earlier than 20 days before departure (early prepayments or balances exceeding this amount may not be demanded and are not covered).
The RSV ensures any customer payments for travel services that are no longer provided, and for necessary expenses for the return trip. In case of insolvency all claims must be made within 8 weeks at the following liquidator: Europäische Reiseversicherung AG, 1220 Wien, Kratochwjlestraße 4, Tel. 01 317 25 00, Fax 01 317 25 00 199.

3. Rate status
All listed prices are quoted per person in Euros. Tariffs, taxes and exchange rates based on the rates of 01.12.2015. We reserve the right to correct printing errors or mistakes. Services. which are not explicitly mentioned in the package are not included in the all-inclusive price (e.g. additional admissin fees, surtaxes or local taxes, personal expences, etc.). Furthermore, cultural subsidies, the so called "bed tax" (especially in Italy, however other contries are also implementin this) are generally not included, since this usually must be paid in cash locally.

4. Services outside of the catalogue
We will gladly arrange services (hotel room, tickets for events, etc.) for you at the offered destinations, even if these are not listed in the catalogue. We act merely as a facilator for these provided services and explicity state that we are not liable for defective performances (see ARB 1992,3). We charge an one-time fee of €50 for each booking for this service.

5. Program variations
Please be aware that in the case of a change in circumstances beyond our responsible control (weather, traffic, changed opening hours, local events, etc.), short-term route or schedule adjustments may occur (these will not change the sense or purpose of the trip). These adjustments do not constitute justification for refund claims. The first and last day of the trip are deemed the day of arrival and departure. The arrival and departure (e.g. flight schedule) can be subject to changes or delays (traffic, road conditions, etc.). The program of the first and last day is therefore not confirmed; the travel guide may decide in a tour if time permits. the accommodation is generally through the listed hotels, however we reserve the right for changes (of the same or higher category); in which case a reimbursement or cancellation claim is not justified.

6. Travel guide / driver
The travel description in the catalogue lists a tour guide for your further information which are assigned at that time. The named tour guide and driver are not part of the contract. A change does not justify any claims.

7. Hand luggage
Please do not leave any valuable objects (handbags, cameras, etc.) when leaving the bus (even during the day). You are responsible for your luggage at all times. These are not insured and will not be reimbursed if stolen.

8. Seating
Seats are assigned to passengers for all bus trips when booking is required (shuttles and bath transfers exclude: free choice of seating). When booking a request can be made, however these are not deemed contractually binding. BLAGUSS is entitled to change the seating, in which case a
refund or cancellation claim cannot be made.

9. Small groups
We will try our best to conduct the trip if the minimum number of participants is not reached. We reserve the right to use smaller busses that do not have an on board kitchen or lavatory.

10. Rebooking bus trips
We charge €25 per booking for a change in boarding location or name. A rebooking fee of €25 per person is charged to rebook to a different date of the same trip, provided that the transfer takes places more than 4 weeks before the departure of the original dates. The stated cancellation conditions apply for rebooking requirements under the four-week deadline.

11. Foreign Busses
Foreign busses meet local, customary standards, which may deviate from the Austrian bus standards in terms of comfort, on-board lavatory and air condition.

12. Flights
Flight seats are booked in the economy class. The flight timers listed are guideline times which can change depending on the airline and airport take-off and landing permissions. Only the flight times printed on the ticket are valid. Announced flight schedule changes do not entitled to compensation for increased travel costs such as overnight stays and taxis. We must reserve the right to make airline and flight-plan changes due to the long scheduling period. Transfers are possible. Appropriate changes do not justify claims for cost-free cancellation or refund. Luggage, on-board meals, etc. are matters of the respective airline. Hoteliers are not obligated to provide breakfast with early morning departure. Meals offered on board the aircraft are considered part of the booked meal service. Currently applicable airport taxes, security fees, and fuel surcharges are already included in the trip price accordingly for new bookings.

13. Seat-in trips
There are several trips with a minimum participant number of two persons. We work together with experienced partners who book customers of several international providers in their trips to ensure your departure. A local tour guide (generally German-speaking) conducts and manages the trip. Please contact the local representative for complaints. The total price of seat-on tours includes the price of the flight ticket in the listed class. If this class is no longer available, the total price of the trip may change.

14. House Pets
Small pets (weight up to max. 5kg) are allowed in our busses as long as they are kept in a transport box in the foot area of your seat and that their conveyance has been requested and confirmed upon booking. Hotels are not authorized to charge cleaning fee. Ensure that you bring the necessary papers for your house pet's border crossings along with you. Srict quarantine regulations apply for certain countries.

15. Disclosure
It is well known that a valid passport or identity card is required for traveling abroad. We explicitly refer to necessary visas for Austrian citizens in the travel information. Please contact your travel agent if you hold a different citizenship.

16. Service charge
Please note that your travel agent usually imposes a fee for booking (services charge or booking fee). Keep in mind that neither banks nor credit card companies nor post offices provide their services for free. The service fee covers your booking's foreign expenses. If you book your trip at a BLAGUSS-Travel bureau, we will charge a service fee of €19 per person.

Please also note the additional travel conditions according to the current travel catalog:

Reiseziele.Glücksmomente
Reisewelten 2016/2017


Reiseziele.Glücksmomente
Reisewelten 2016