General terms and conditions of huntingtrip24 GmbH for the facilitation or organisation of hunting trips - Version of [10.01.2019]
Facilitation of trips / Applicability of these GTC
huntingtrip24 GmbH (FN 439298 b) with registered office in Vienna and business address at Mariahilfer Strasse 89a/24, 1060 Vienna (Website: http://www.huntingtrip24.com; Email: email@example.com; Telephone: 43 1 5814018 (hereinafter: “huntingtrip24” or “Intermediary”) is an intermediary who facilitates hunting trips around the world. It facilitates travel contracts for hunting trips via the website: http://www.huntingtrip24.com (hereinafter: “online booking platform”). Furthermore, huntingtrip24 itself also acts as a tour operator for hunting trips.
These GTC apply in the version as amended from time to time.
The General Terms and Conditions of Travel (Allgemeine Reisebedingungen – ARB) 1992 as amended from time to time, which can be accessed, for instance, at https://www.wko.at/branchen/w/tourismus-freizeitwirtschaft/reisebueros/ARB_deutsch_Aug08.pdf [in German language], and which are recommended by the Consumer Policy Board of the Austrian Federal Ministry of Health, Sport and Consumer Protection in accordance with Sec 73(1) of the Austrian Trade Regulation Act (Gewerbeordnung – GewO) 1994 and Sec 8 of the Order of the Federal Minister of Economics, Family and Youth in the version of 1994 on the performance regulations for the travel agency industry, are recognised.
Furthermore, we would like to point out that for bookings made on or after 1 July 2018, the provisions of the Package Travel Act (Pauschalreisegesetz – PRG) replace Sections 31(b) to 31(f) of the Consumer Protection Act (Konsumentenschutzgesetz – KSchG).
However, as hunting trips are subject to special conditions, please take note of the following points and deviations.
Use of the online booking platform
By using the online booking platform, the traveller/hunter is subject to these GTC.
By booking a hunting trip on the online booking platform, the traveller is commissioning huntingtrip24 to plan and organise the hunting trip booked.
Upon booking, the traveller will receive confirmation from huntingtrip24 of the hunting trip booked and/or the hunting trip contract, with which the hunting travel contract is entered into.
Termination of the hunting trip contract
The traveller can terminate the hunting trip contract at any time subject to the termination provisions received together with the offer before conclusion of the contract.
The traveller is not required to pay a separate fee to huntingtrip24 for use of the online booking platform.
The fee for travel services booked through the online booking platform must be paid to huntingtrip24 in advance.
The traveller will receive the payment terms before concluding a hunting trip contract. The booking confirmation also contains the notification of the advance payment, which is no more than 30% of the total amount. The remaining amount must be paid no later than 20 days before the start of the package. Should huntingtrip24 not receive the advance payment on time – despite having granted the traveller a grace period – it is not obliged to hand over the travel documents. In this case, the trip is deemed cancelled by the traveller. All expenses incurred will be charged to the traveller.
The final invoice will be based on the hunt report signed by the traveller. The invoiced amount is payable immediately upon receipt of the invoice. Unless otherwise agreed, all payment transactions are handled exclusively by huntingtrip24. Arrangements made directly with or payments made directly to the local service provider or third parties are generally not recognised.
The trophies remain the property of the respective local outfitter until full payment has been received. Unless otherwise expressly agreed in writing, trophies will only be handed over upon full payment of the hunting and trophy fees as well as any shipping fees and import duties.
The scope of the services is clearly defined in the offer and in the booking confirmation. Any arrangements made with the local service provider or third parties that deviate from this cannot be recognised or enforced.
huntingtrip24 reserves the right to increase the travel price confirmed upon booking for reasons outside its sphere of influence, provided that the travel date is more than two months after the conclusion of the contract. Such reasons can only be changes in transport costs (such as fuel costs), fees for certain services such as landing charges and airport charges, or the exchange rates applicable to the trip in question. As of the 20th day prior to departure, price changes are no longer permissible.
The hunt report is the only recognised basis for the final settlement. The hunt report must be drawn up in German and in the national language or in a language understandable to both the outfitter and the traveller/hunter. This report must include all services performed, all harvests and trophy weights. By signing the report, the traveller confirms that the information in the hunt report is correct. The hunt report is also the only recognised basis for any complaints. It is essential that complaints be communicated to the outfitter or service provider on site immediately and verifiably. Every complaint – even if it is immediately remedied – must be documented in the hunt report. Complaints not entered in the hunt report cannot be accepted. It is advisable to submit complaints to huntingtrip24 in writing within 14 days of the end of the trip, as they may be difficult to prove if submitted later.
Within the scope of the travel and hunting contract concluded with huntingtrip24, huntingtrip24 is only liable for the proper facilitation, the careful selection of the service provider and a correct specification of services. huntingtrip24 cannot assume any liability for the desired hunting success or trophy size; the traveller has no claim to a reduction or refund of the travel price. The traveller/hunter is always responsible for his/her own shot. If the guide clears a shot at a specific quarry, this only means that the traveller/hunter is allowed to shoot the quarry in question. It is at the discretion of the traveller/hunter, whether he/she wants to take the shot. If the traveller/hunter decides to take the shot, he/she bears all the consequences – also in view of misses, wounding and trophy size.
The traveller/hunter is responsible for transporting trophies back to his/her country of residence. huntingtrip24 is not liable for any damage to the trophies caused by improper handling, or for breakage, damage or loss of the trophy in the course of transport or shipping to the traveller’s country of residence.
Hunting trips are trips with special risks (expedition character) Neither huntingtrip24 nor the outfitter is liable for any consequences resulting from such risks, if they emerge outside of their area of responsibility. huntingtrip24 is not liable for any damage to the health or equipment of the traveller/hunter, insofar as huntingtrip24 is not at fault.
Duties and obligations of the traveller/hunter
The traveller/hunter is obliged to take all reasonable steps to help remedy any disruptions of the services or necessary changes to the itinerary that may occur. Furthermore, the traveller/hunter is obliged to observe the hunting laws of the respective hunting country and to follow the guide’s instructions. Violations of the aforementioned or hunting under the influence of alcohol can lead to the discontinuation of the hunt or the traveller’s exclusion from the hunt. Even in such a case, however, the full fee is payable, and the traveller/hunter will also be charged any additional costs for the rescheduling of flights, etc.
Termination on the part of the tour operator
huntingtrip24 and the local outfitter reserve the right to terminate the contract at any time if unforeseen circumstances, such as force majeure (acts of war, terror, strikes, unrest, natural disasters, etc.), jeopardise the proper performance of the trip in question. The same applies if the minimum number of participants stated in the offer is not reached through no fault of the tour operator beyond the degree of slight negligence.
In this case, huntingtrip24 will endeavour to provide the traveller with an equivalent or better substitute package. The traveller must accept this substitute package, unless he/she can prove that accepting the substitute package would exceed the limits of what is reasonable. If huntingtrip24 cannot provide the traveller with an appropriate substitute package, all advance payments will be refunded in full.
huntingtrip24 is registered with the Austrian Federal Ministry for Digital and Economic Affairs under the GISA number (Gewerbeinformationssystem Austria – Austrian Business Licence Information System): 34567812
We, huntingtrip24, have insured all our travellers for our tours by means of package travel insurance with HDI Global SE, HDI-Platz 1, 30659 Hanover, Germany in accordance with the Austrian Travel Agency Protection Regulation (Reisebürosicherungsverordnung – RSV).
This applies to:
payments already made, insofar as the travel service has not been performed in full or in part as a result of the insolvency of the tour operator, and
the necessary expenses for repatriation incurred as a result of the insolvency of the tour operator.
In accordance with Sec 7(1)(4) RSV, we hereby declare that we will cover advance payments of no more than 25% up to 2 weeks before the start of the trip.
Advance payments can only be accepted if they are made no earlier than 11 months before the agreed end of the trip.
Advance payments that are accepted earlier than 11 months before the agreed end of the trip or advance payments that exceed the covered 25% are not covered in accordance with the RSV.
The liability towards the traveller is limited to the amount paid by him/her and in the event of damage is limited to the aggregate liability. Should the amount insured not suffice to satisfy all claims, the customer’s claims will be satisfied proportionally.
huntingtrip24 does not additionally participate in any insurance pool in accordance with Sec 8 RSV. [Liquidator pursuant to Sec 3(1)(2) RSV: All claims must be submitted to HDI Global SE, HDI-Platz 1, 30659 Hanover, Germany, within 8 weeks of insolvency, otherwise claims are forfeited.]
Provision of information, documents, contracts, etc.
In order to be able to complete all formalities necessary for the journey – visa, weapon licences, hunting and shooting licences, etc. – in time, huntingtrip24 must receive the documents requested such as participant data, passport, weapon data, etc., at least  days before the start of the trip, unless otherwise agreed. If these documents do not reach huntingtrip24 in time, huntingtrip24 can no longer guarantee proper organisation of the hunting trip booked by the traveller, as the partners engaged by huntingtrip24 also need a reasonable period of time to complete all necessary formalities in time. If the deadline is not adhered to, the traveller must bear any additional costs or resulting cancellation costs, because the local outfitter cannot fill the traveller’s spot with another guest at such short notice.
The traveller expressly consents to the electronic provision or transmission of all relevant information, e.g. by email or as a PDF file or on any other durable medium.
The traveller expressly agrees that legally required information, instructions and order, contract or booking confirmations and/or contract documents need not be sent to the traveller in paper form, but may be provided on any other suitable permanent data medium, in particular in electronic form, e.g. through a website, email, fax or PDF document.
Traveller’s termination of the travel contract
The traveller can withdraw from the booked hunting trip at any time subject to the termination provisions received together with the offer before conclusion of the contract. Notice of termination must be given in writing. The postmark of the written termination constitutes the date of termination.
Unless otherwise agreed in writing, the traveller will be charged the following termination fees:
[For a termination no later than 61 days before the start of the package, 30% of the package costs will be charged as a termination fee.
For a termination between 60 and 31 days before the start of the package, 50% of the package costs will be charged as a termination fee.
For a termination less than 31 days before the start of the package, 100% of the package costs will be charged as a termination fee.]
The reason behind these termination provisions is that most permits are issued in the name of the traveller and cannot be transferred. In addition, a termination results in a considerable financial loss for the local outfitter, which cannot be compensated, as a replacement hunter can seldom be found at such short notice.
Premature discontinuation of the trip
If the traveller breaks off his/her trip prematurely for whichever reasons of his/her own, the full package price must always be paid. In this case, the traveller will be charged all additional costs for rebooking tickets, additional transfers, hotel costs, etc.
Should the travel and hunting itinerary be changed or interrupted after the start of the package due to unforeseeable events such as strike, war, unrest, terror, epidemics, natural disasters, fuel shortage or reasons with the same effect as the aforementioned, the traveller must bear all associated costs for rebooking tickets, hotels, transfers, etc.
The programmes and services of huntingtrip24 do not include any insurances. The traveller/hunter is obliged to take out an international hunting liability insurance. Furthermore, we recommend that travellers also take out a travel, a cancellation and, if desired, a luggage insurance. huntingtrip24 cannot assume liability for any damage caused by the traveller/hunter, by the local outfitter or by other service providers in the course of the package.
In order to be able to offer the traveller targeted travel services, as well as for the actual performance of travel services following conclusion of a travel contract, it may be necessary for huntingtrip24 to pass personal data of the traveller on to subcontractors or vicarious agents or other third parties. It is possible that the subcontractors or vicarious agents or other third parties that receive personal data are located in countries in which the applicable national data protection laws do not afford the same level of protection as the traveller’s country of residence or the country in which the intermediary or tour operator has its registered office. huntingtrip24 endeavours to encourage subcontractors or vicarious agents or other third parties to contractually commit to providing comprehensive data protection for the benefit of travellers. However, in the absence of direct sovereign powers to issue orders in the countries in which the registered offices of subcontractors or vicarious agents or other third parties are located, there is naturally a certain risk with regard to compliance with, or enforcement of actual compliance with the data protection measures provided. If a traveller does not agree or is not prepared to take these risks, he/she is strongly advised not to conclude a travel contract for travel outside his/her country of residence. The traveller hereby expressly agrees that the intermediary may transfer his/her personal data to the tour operator as well as to subcontractors or vicarious agents or other third parties.
It is possible that huntingtrip24 may organise prize competitions or sweepstakes of travel services. In the event that the traveller wins a prize within the scope of such a competition or sweepstakes, he/she expressly agrees that his/her first name and surname, photo and information about the trip won may be published, in particular on the online booking platform. It is a mandatory condition for the traveller’s participation in competitions or sweepstakes as well as the redemption of a won trip that the traveller gives his/her consent and refrains from subsequently revoking said consent.
The traveller may revoke this consent at any time. However, the traveller acknowledges that a potential consequence of such a revocation is that the performance of the travel services or ancillary services may not be possible.
Further information can be found in a separate privacy statement.
Applicable law & Place of jurisdiction
For any and all disputes between huntingtrip24 and the traveller, the exclusive jurisdiction of the competent court at the registered office of huntingtrip24 is agreed, unless mandatory consumer protection regulations provide that other legal venues are available to the traveller if he/she is a consumer.
The applicability of Austrian law is agreed with the exclusion of conflict of law provisions and the UN Convention on the International Sale of Goods.