Terms & conditions

The basis of the terms and conditions of Reisebüro TakePlace e.U. are the General Travel Conditions in their current version (Allgemeine Reisebedingungen, ARB 1992). In addition, we would like to draw your attention to the following conditions, which you accept as binding with your booking. The client/travel participant is referred to below as the customer. The contractual language is German.

1. Conclusion of contract

You make an offer to Reisebüro TakePlace e.U., which may be made in writing, orally or by telephone. Whoever books for a group declares with the booking that they are sufficiently authorised by the participants. In addition, the obligations of the individual participants arising from the contract remain in place. Your booking only becomes binding for us once we have confirmed the content and the price of all services to you in writing. All amendments to the contract require a written confirmation from us.

2. Payment

Unless separately agreed in individual contracts, the following payment terms apply: on conclusion of the contract, 10% of the travel price is to be paid. The remaining payment is to be paid at the earliest 14 days before the start of the trip.

3. Amendments to the contract

Price changes: TakePlace e.U. reserves the right to increase the price in the following cases: changes in fuel costs, in tariffs, fees, charges, taxes and exchange rates. From 20 days before the start of the trip, TakePlace e.U. may no longer make any price changes. Should these costs fall, the travel price is reduced to the same extent. In the case of increases of more than 10% of the travel price, the customer is in any case entitled to withdraw free of charge.

Change of service: Should unforeseeable events occur shortly before the start of the trip or during the trip which TakePlace e.U. had no influence over or could not have known about (e.g. illness of a tourist guide or an artist, or the non-appearance of a means of transport or similar), TakePlace e.U. will endeavour to preserve the character and the purpose of the trip.

4. Taking out travel insurance

We urgently recommend that our customers take out appropriate travel insurance (cancellation and health insurance). You will find corresponding offers on our website under “Travel Insurance”.

5. Cancellation conditions

Our cancellation conditions deviating from the ARB 1992 are stated in your booking confirmation in each case. Should no cancellation conditions be stated, the cancellation conditions of the ARB apply. Any declaration of withdrawal by the customer must be transmitted to TakePlace e.U. in writing. The declaration of withdrawal is deemed accepted from the moment it is received by TakePlace e.U. The customer bears all cancellation fees and other obligations incurred up to that moment. In the case of a no-show, the cancellation fee amounts to 100% of the travel price.

6. Services not used

Services not used during the trip cannot be refunded.

7. Additional services used by the customer

Should the customer, or a participant of the trip booked by the customer, use additional services from a service provider without written consent from TakePlace e.U. (e.g. consumption of additional food and drink, exceeding the time of a transfer, ordering an additional transfer, booking an additional hotel room, extending the rental of various premises), the customer is liable for all costs incurred and, in addition, for the related possible personal injury, property damage and financial loss towards TakePlace e.U., towards the service provider and towards the other participants of the trip or of the event.

8. Notification of defects

Where a service is not provided or is provided defectively, the customer has a warranty claim. The customer agrees that TakePlace e.U., in fulfilment of the warranty claims of its customers, assigns to them the corresponding warranty claims that TakePlace e.U. holds against its service providers. The customer further agrees that, instead of the customer's claim to rescission or price reduction, TakePlace e.U. provides a defect-free service within a reasonable period or remedies the defective service, insofar as this is compatible with the nature of the service to be provided. Defects must be notified to TakePlace e.U. in writing immediately after they occur. If the customer fails to observe this immediate duty of notification, this may be counted against the customer as contributory fault within the meaning of § 1304 ABGB (Austrian Civil Code) and accordingly lead to a reduction of the customer's claims.

9. Assertion of any claims

Warranty claims can only be asserted in court within 6 months. The limitation period begins on the day on which the trip ends according to the contract.

10. Liability

The liability of TakePlace e.U. is excluded for delays or services not provided which are caused by circumstances outside the control of TakePlace e.U. These include, for example, force majeure, strikes, terrorist attacks, revolutions, outbreak of hostilities, riots, civil unrest, acts of governments and authorities (including, but not limited to, the refusal or withdrawal of licences or permits), explosions, flooding, fire, thunderstorms, fog or bad weather, illness, machine damage, looting, interruptions or incidents in the utility supply (including, but not limited to, electricity, gas, water and telecommunications), renovations initiated by the hotel, lock-outs or boycotts, embargoes and blockades.

Liability for financial loss in the case of slight negligence is excluded; otherwise it is limited to a maximum of twice the travel price, but no more than Euro 3,000. Liability for property damage and other damage based on slight negligence is excluded; otherwise liability is limited to 10% of the travel price, but to a maximum compensation sum of Euro 3,000.

Within the scope of the statutory provisions, TakePlace e.U. accepts no liability for damage or losses that could arise from or in connection with the use of the contents of the TakePlace e.U. website. This applies in particular to technical faults, harmful components, lack of availability of the website as well as the loss of programs or electronic data. When using various links on takeplace.at you leave the website of TakePlace e.U. Accordingly, TakePlace e.U. accepts no liability or responsibility for the contents and the use of those websites.

11. Participation in sporting activities

The customer/travel participant acknowledges that participation in sporting activities takes place at their own risk. The customer/travel participant is urged to take out appropriate insurance. It is contractually agreed that sporting activities (e.g. balloon flights, kayaking, mountain biking, bungee jumping, canyoning, glacier safari, helicopter flights, high ropes courses, kitesurfing, climbing/via ferrata, paragliding, tandem jumps, rafting, river tubing, snow tubing, skiing, snowboarding, windsurfing) do not constitute tourist services and are exclusively brokered by TakePlace e.U.

12. Copyright information

The entire content of the website takeplace.at is protected by copyright. The contents of this website may therefore not be altered, reproduced for commercial purposes, stored, publicly displayed or performed in any way without the prior express written consent of TakePlace e.U.

13. Final provisions

1. The law of the Republic of Austria applies.
2. Should individual provisions of this contract be invalid or become invalid, the validity of the remaining provisions of the contract is not affected thereby. It is agreed that the invalid provisions, or the provisions that have become invalid, are replaced by rules which come economically closest to the sense and purpose of the invalid provisions or the provisions that have become invalid.

14. Place of jurisdiction

The place of jurisdiction for all disputes arising directly or indirectly from this contract is the Bezirksgericht für Handelssachen Wien (District Court for Commercial Matters, Vienna).