Conclusion of the Travel Agreement
- By registering, the Customer undertakes to enter into a travel agreement with EUROFUN TOURISTIK GMBH (hereinafter referred to as EUROBIKE). Registration shall take place in writing on the form designated for this purpose. A telephonic, oral or other form of registration with us or one of our partner agencies shall be equally binding. Registration shall be carried out by the registering party for all co-named participants. The registering party firmly agrees to these conditions of travel, including on behalf of and for the co-named participants.
- The agreement shall come into being upon acceptance by EUROBIKE or its partner agencies upon sending the booking confirmation.
- Subsidiary agreements and amendments to the concluded travel agreement shall require our written confirmation.
After receipt of the booking confirmation, a down payment of 20%, however not more than € 100,- per person shall be due. The balance due shall be paid no sooner than 20 days before the start of the journey – at the same time the travel documents are handed over to the travellers. Accounts are available to you in Austria, Germany and Switzerland for your payment. Please note that the full amount due must be credited to our account; any banking charges shall borne by the travel participants.
III. Cancellation by the Customer/Substitute Participants/Changes to the Reservation
The Customer may withdraw from the agreement at any time prior to the start of travel. We recommend that the Customer communicate his or her cancellation in writing. In the event of a cancellation or no-show, we shall be entitled to charge the following fees (percentages refer to the price of travel):
– Up to 28 days before the start of travel: 20 % min. € 50,-
– From 27 to 14 days prior to the start of travel: 30 %
– From 13 to 8 days prior to the start of travel: 50 %
– From 7 to 4 days prior to the start of travel: 70 %
– From 3 days and no-show: 90 %
– By travel expensen 100% on the travel price.
We recommend a travel withdrawal insurance, please note that the insurance doesn’t work for travel expenses. For that case you shall take another insurance.
- Each registered travel participant may allow a third-party to take his or her place if he or she notifies us thereof in writing up to three days prior to the start of travel. EUROBIKE may refuse the third party’s participation for good cause. The conditions of cancellation above shall apply. If a substitute person takes the registered participant’s place, this shall not affect the original contract. We shall be entitled to charge € 50,- for change fees.
- Changes to the booking in terms of number or types of rooms, hotel category and type of board shall, providing such is possible in the hotels and there is sufficient capacity available, is basically possible up to 14 days prior to the start of travel. Nonetheless, we will however have to charge you for the time and effort involved. For each change, we shall charge you € 50,-.
- With regard to the scope of the contractual services, the descriptions of service provided 0n the current website www.giroditoscana.com shall be authoritative, but not however any differing statements or promises by intermediary travel agencies, town or hotel brochures or other third parties. The stopover locations are the most frequent and main stopover destinations on the cycling tours. Under certain circumstances, we must require your consent to be placed in towns in the immediate vicinity without any deductions.
- The price of travel listed is per person based on occupancy in a double bed room. If available, a single bed room can be booked for a surcharge. In some hotels however there are only a limited number of single bed rooms meaning that you may if necessary have to make due with a simpler room or, under certain circumstances, have to go to another hotel or private bed and breakfast. If, exceptionally, no single bed room can be made available, you will have to share a room in a two bed room. In this case you will of course receive a prorated refund.
- For families, we grant the following discounts off the basic price and extra nights as a third person in a double room with two full paying guests: 0 to 5.99 years old: 100% (any costs incurred shall be paid on site), 6 to 11.99 years old: 50%, 12 to 14.99 years old: 25%, age 15 and up: 10%
Liability and Limitation of Liability
- EUROBIKE shall be responsible for making pre-travel preparations, careful selection and monitoring of the service providers as well as for the accuracy of the descriptions of service valid for the period of travel at the time our catalogue is printed.
- Travellers shall take part in our cycling journeys at their own risk. Minors may only participate in a journey when accompanied by a parent or guardian.
- Every travel participant shall be responsible for ensuring that his or her health is suitable for the requirements of travel.
- In addition, every travel participant shall be responsible for the observance of traffic regulations.
- The conditions of carriage of the particular transport companies shall apply to all means of transport (bus, boat, airplane, etc.).
- If, due to reasons beyond our control (adaptations, renovations, etc.) a scheduled tour cannot take place, we cannot assume any liability.
- In the event of damage caused solely by one of the service providers selected by us or which is not due to premeditation or gross negligence on our part, then our liability shall be limited, regardless of the legal basis, to three times the price of the journey.
- In the event of loss or damage to travel luggage, we shall only be liable if the loss or damages is caused by us and is communicated to us immediately after the occurrence. In this event, we shall only be liable for up to a max. of EUR 200.00 per person. We assume no liability for: items which are not usually transported in travel luggage, means of payment of any sort, for visual damage and damage to handles and wheels or damages to pieces of luggage weighing more than a total of 20 kg. We recommend that you take out a travel security package to cover these risks.
- Transportation of customer bicycles before, during and after our cycling journeys is possible at the customer’s own risk only. The settings of our cycle carriers are fitted to our rental bicycles, therefore minor damages (e.g. scratches to the paintwork) can occur. Consequently, we cannot be made liable for damages originating from transportation. Above mentioned limitation of liability is also applicable for partner tours and transportation via third parties.
- If a journey is cancelled due to reasons beyond our control (strike, natural disaster, etc.) or if the minimum number of participants of guided group tours (8 people) and bike & boat tours (15 people or as listed in the offers) is not reached, we reserve the right to cancel the journey up to 25 days before the planned travel date. In this event you shall be notified without delay and will be refunded any amounts already paid to us. You shall not be entitled to any compensation beyond this.
- Remedies: If the travel service cannot be performed as specified in the agreement, the Customer can demand redress. What is contractually specified shall be based on the one hand on the description of service and on the other on what is customary in the destination country. EUROBIKE can refuse a remedy if it requires disproportional costs and efforts but shall also be entitled to provide a remedy in the form of services of equal or greater value. Substitute services can only be refused by the Customer for a significant, objectively identifiable reason. The demand for a remedy shall be communicated directly to us or to the guide. The guide shall have no authority to recognise claims.
- Travel Price Reduction: The Customer may, after returning from the journey, request a reasonable reduction in the price of travel (discount) for the duration of the contractually non-contractually compliant portion of the journey until a remedy is provided by EUROBIKE. The reduction shall not apply if and to the extent that the traveller, through his or her fault, fails to communicate the deficiency to the parties listed in Item VI (1) in a timely manner so as to enable them to provide a remedy.
- Any claims must be lodged with us no later than one month after the contractually scheduled end of travel.
VII. Duty to Cooperate
- If the traveller does not receive the travel documents in a timely manner, he or she must inform EUROBIKE without delay.
- The traveller is required, in the event of any issues disrupting the provision of the services as described in the agreement, to take all reasonable steps to contribute to remedying the disruption any to minimise or avoid any damage. The Customer is, in particular, required to lodge his or her complaints without delay to the parties named in VI (1). These parties shall be in charge of providing a remedy if such is possible. If the Customer fails, through his or her fault, to communicate a deficiency, than he or she shall have no claim to a reduction in price.
- The Customer shall be responsible for complying with all passport, visa, customs and health regulations.
- We must reserve the right to make changes to prices and services and to correct any mistakes and typographical errors.
- The invalidity of individual provisions in the travel agreement shall not invalidate the rest of the agreement.
- Jurisdiction/Applicable Law
- The agreement is governed by Austrian Law.
- The Customer may only bring legal action against EUROBIKE at its registered place of business.
- The Customer’s place of residence shall be authoritative for actions by the travel against the customer unless the action is directed against general merchants or persons without a general place of jurisdiction in Austria. In this case, the registered office of the tour operator shall be authoritative.
For all journeys declared on the homepage www.giroditoscana.com, the EUROFUN-group (Eurobike, Eurotrek, Rückenwind, SE-Tours, Espace Randonnée, Radreisefreunde) is the operator. For all other tours, EUROBIKE – EUROFUN TOURISTIK is the travel booking agent.
Subject to changes to the offering and mistakes, typographical errors and calculation errors.
With us, your money is insured
Pursuant to the Travel Agency Guarantee Decree [Reisebürosicherungsverordnung (RSV)] for all-inclusive journeys offered by EUROBIKE – EUROFUN TOURISTIK GMBH (registration number 1999/0035 in the Directory of Tour Operators of the Federal Ministry of Economics, Family and Youth, customer funds are secured subject to the following conditions: any payments exceeding those indicated in Item II or previously paid down payments and payments of balances owing may not be demanded nor are they secured. The guarantor or insurer is Volksbank Braunau, 5280 Braunau (bank guarantee no. 5746).
Filing of any claims must be done with the liquidator (Europäische Reiseversicherung AG, Kratochwjlestestraße 4, 1220 Vienna, Tel. no. +43(1) 317 25 00, Fax. no. +43(1) 319 93 67) within 8 weeks insolvency being declared.
Applications for refunds must be submitted, duly documented within 8 weeks of the claim arising. You shall receive a corresponding insurance certificate along with your booking confirmation.