The contract is concluded with the purchase of the ticket. Online purchases of tickets are only possible if the customer has expressly requested the reservation and thus the valid booking of the seats before the end of the cancellation period, so that the seats can also be kept free. The customer expressly waives his right of withdrawal when making an online purchase. All agreed conditions apply, even if a ticket dealer or organizer sells tickets for our tours, as agreed with the customer.
Feasibility of tours
If the tour requires the permission of an administrative authority (e.g. the tour “The Central Cemetery at Night” requires permission from the “Friedhöfe Wien”), this is always a prerequisite for the tour to take place. If this permit is withdrawn, even if at short notice, or if the minimum number of 15 participants is not reached 24 hours before the appointment so that the tour cannot take place, the organizer will refund the ticket price and cancel the tour. The same procedure applies in the event of non-feasibility due to force majeure or other obstacles that cannot be averted by GabiTours with reasonable effort. In any case, it is considered unreasonable if the effort exceeds the ticket income. The ticket buyer expressly waives any other claims for compensation.
There is no right to take back or exchange tickets. Passing on the tickets is permitted, but the organizer must be informed of this, the organizer must be informed of the names of the new ticket holders, the conditions for participation must be made known to the new ticket holder by the ticket seller and accepted by the latter, otherwise the ticket seller is liable to the new ticket owner for claims that arose from ignorance of the conditions.
Tickets with reduced price
Discount tickets are only valid for those entitled to a discount and only entitle participation if the conditions for the discount are met. As proof, you must bring an official photo ID with you to the tour.
For various guided tours it is necessary to agree additional specific conditions. These are pointed out when the ticket is purchased and the buyer expressly agrees to them. These conditions are always to be understood as supplements to these terms and conditions and can additionally limit granted rights. Should there be an interpretation in the design that establishes a contradiction, the stricter definition and more comprehensive obligation for the customer always apply here.
2 – When booking individual private tours
The contract regarding the implementation of a tour / of tours including ancillary services is concluded under the following conditions:
These contractual conditions are valid if this has been agreed in detail between the contracting parties orally, in writing or by telex. All agreed conditions apply, even if an intermediary or organizer sells tickets for our tours, as agreed with the customer.
If no separate or deviating regulation has been stipulated, a customary local tour at a customary local fee shall be deemed to have been agreed. In case of doubt, the customary fee in Vienna or for Viennese tourist guides is the fee usually charged by Viennese tourist guides, which the association of certified Viennese tourist guides publishes annually in the course of its survey among its members.
Travel manager activities of a tourist guide (§ 126 Para. 4 GewO), in particular transfers, are to be treated like guided tours.
The client is requested to invoice his customer separately for the service contract fee for the services of the tourist guide (tour fee) and any booking fee for the mediation of the tourist guide service.
The client does not have to pay the tour guide a cancellation fee if the cancellation is made in writing no later than 14 days (received by the tour guide) before the tour date. If the client cancels less than 14 days before the agreed tour date, the full agreed fee must be paid. The day of cancellation and the agreed tour day are included in the calculation of the deadline. The cancellation fees mentioned here are flat-rate penalties that are to be paid regardless of fault or damage that has occurred. The cancellation fee must be paid separately for each canceled tour.
If the client is late, the guide is obliged to wait for the client for 1 hour at the agreed meeting point. For his part, the client agrees to wait 15 minutes for the guide. The waiting time is included in the tour duration.
In the event of an unavoidable hindrance, the tourist guide undertakes to provide a professionally equivalent, authorized replacement. The client must be informed of this as far as possible.
Terms of Payment
Payment is made in cash after the service has been rendered or immediately after invoicing without any deductions. When paying by check, bank charges of up to EUR 13 can be charged. Program creations are charged separately. Default interest is 1% per month (12% p.a.).
The tourist guide is prohibited from advising guests brought to him by the client to direct their orders directly to him in the future. Unless this is expressly excluded in writing, he may, however, if no other program is planned by the tour operator or travel agent, offer the guests city walks on foot after the mediated tour. Likewise, the client is prohibited from directly booking a representative that may be sent in the future. A brokerage fee of 30% to be paid by the client to GabiTours in the event of circumvention is deemed to have been agreed. Sound and film recordings during the guided tours are prohibited.