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Terms and Conditions:
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1. Extent of service |
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1.1 |
With your reservation you are making a binding contract with us - you can reserve in person, by telephone or in writing. You are bound to your reservation until you receive confirmation from us, or for 10 days at the most. The contract is complete on receipt of our booking confirmation. Should the content of the booking confirmation differ from the content of the reservation ( e.g. because we could no longer fulfil your wishes ) then a new offer will be made to which we are bound for 10 days. The contract on the basis of this new offer will be complete if you accept within the stated time: you can also pay a deposit or the whole amount. Alterations must be queried immediately.
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1.2 |
Additional agreements or alterations to the services / excursions as described in the programme must be arranged and agreed with us. Any alterations should be made in writing (best by mail). Travel agencies are not in a position to promise anything which differs from that which is offered in our latest leaflets /programmes /tours or to make any differing or additional arrangements.
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1.3 |
Services as agreed in the contract will appear on the booking confirmation / receipt. Services will be as stated in the programme or in the standard offer - provided that nothing to the contrary has been noted in the booking confirmation.
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1.4 |
The details provided by you will be used solely for the purpose of arranging tours and customer service.
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2. Payment |
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2.1 |
On receipt of your booking confirmation, either 10% of the total cost or Euros 100 is due - whichever amount is higher. Balance of payment should be transferred into our bank account at the latest 21 days before the tour date: there will be no reminder of payment.
For bookings made less than three weeks before the tour date or for amounts less than Euros 100, then payment should be made without delay and the full amount. You will receive your receipt of payment once services have been tendered, or by arrangement. If the deposit, as arranged by us, or the balance has not been paid by the tour date, then we are fully entitled to dissolve the contract and to charge cancellation fees.
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2.2 |
Cancellation charges and administration fees are payable in the case of changes to your booking.
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2.3 |
If a longer period of payment has been agreed, interest will be payable from 30 days after receipt of your bill: short-term interest will be charged at 5% above the official bank rate.
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3.Customer cancellation, change of booking, change of name |
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3.1 |
You may cancel any time before the tour date. The decisive factor is when the cancellation reaches us. We recommend that you send your cancellation recorded delivery. Should you cancel, following charges will apply: up to 30 days before tour date, 10% of services booked are charged as cancellation fees. Should you cancel closer to the tour date, then following charges will apply: up to 21 days before tour, 15% ; up to14 days beforehand, 25%; up to 7 days beforehand, 40%; from the 6th day beforehand 50%; the day beforehand until 1700h, 70%. For cancellations on the day, no show or if services are not used, then cancellation charges are 100%. We reserve the right to prove damages.
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3.2 |
We will accept alterations to bookings ( e.g. tour date ) up to 30 days before tour date, provided that the changes are feasible. Alterations made later than this date will be treated as cancellations and may incur charges.
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3.3 |
Until the tour date, you can request that a third party take your place and obligations relating to the contract. We can however raise objection, if this third party cannot fulfil the participation requirements, or if his participation is against legal or official orders. Should a third party enter the contract, then both he and you are responsible for payment of the total price of the tour and any possible costs which may arise from the acceptance of the third party.
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3.4 |
Where the Motion Company acts as an agent for other services ( e.g. accommodation ), then terms of business of the actual service provider are taken as agreed.
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3.5 |
It is not possible to transfer the rights of the party who has booked the tour to a third party, not even to husband / wife.
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4. Unclaimed Services |
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4.1 |
Should you not use all services due to an earlier journey home or other important factors, then we will do our best to claim reimbursement with our service providers. This obligation will not be applicable in the case of irrelevant services or if legal or local agreements forbid reimbursement.
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5. Your rights in the case of shortcomings |
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5.1 |
Should you not receive services as stated in the contract, then you can demand remedial action. We can refuse this remedial action if it requires excessive expenditure.
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5.2 |
You can claim a reduction in the price of the tour for the duration booked. This claim is only valid if you inform us immediately of any shortcomings.
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5.3 |
Should services as agreed in the contract be severely impaired by shortcomings, or if you cannot reasonably be expected to continue with your tour due to shortcomings, then you may legally terminate the contract. Beforehand you must have given us reasonable time to take remedial action. Fixing such a deadline however is not necessary if remedial action is not possible or if it is refused by us.
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5.4 |
Slight variations which arise through risks or peculiar circumstances, but which are within the range of the natural demands of offered activities or services, are not classed as shortcomings and we accept no responsibility.
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6. Withdrawal / cancellation by the organizer |
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6.1 |
We can withdraw from the contract up to two weeks before the tour date if the minimum number of participants as stated in the offer or other documents which have become binding, has not been reached. In this case you can demand to take part in a tour of comparable cost, as long as we can offer such without extra costs. You must state your claim immediately.
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6.2 |
We reserve the right to cancel in exceptional cases and without warning if you continually interrupt our programme, endanger the safety of the participants or behave in such a manner, in breach of contract, that immediate cancellation without warning is completely justified.
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7. Limitations of Liability |
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7.1 |
As long as damages caused by the organizer are neither intentional nor grossly negligent, or as long as the organizer is takes sole responsibility for the fault of one of his suppliers, then the liability for damages, which are not physical, is limited to three times the excursion price.
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7.2 |
Our liability for damages caused by unauthorized actions, so long as they are not physical damages, is limited to three times the tour price; the available amount however is at least Euro 4100.
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7.3 |
We accept no responsibility for articles or valuables left in the care of Motion employees.
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7.4 |
With reference to point 10 of these terms and conditions, the partner to this contract agrees to take sole responsibility of the following: that he / she fulfils the necessary physical and mental requirements which are vital to participating safely in the tour as booked and that the organizer cannot be blamed in this respect.
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8. Insurance |
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8.1 |
With travel insurance, you can insure yourself against the cancellation charges as mentioned in nr. 5. We recommend an insurance, which will repatriate in the case of sickness or injury. This sort of insurance can be booked via the Uniqua Insurance Company www.uniqua.at or via the Elvia Insurance Company www.elvia.de.
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9. Making a claim, lapse of claim |
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9.1 |
Claims against part, full or insufficient fulfilment of services must be sent to us, at the address as stated on the contract, within a month after the tour date. After the stipulated period has expired, then claims can only be accepted if the customer can prove that an act of God delayed the sending of the claim. It is up to the customer to prove his / her case.
The claims as mentioned above lapse after a year. The limitation period begins on the day when, according to contract, the tour should end.
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10. Participation Requirements / Safety |
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10.1 |
Ability to swim is absolutely necessary for all activities with water. In the interest of all the participants' safety, you must follow the instructions of the guide or trainer at all times.
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10.2 |
Persons, who are not in full control of their physical and mental abilities (e.g. through alcohol, drugs or medicine ), will not be allowed to participate. In this case, no refund will be given. Otherwise, conditions of participation as written in the description, should be followed.
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10.3 |
Most of the tours and excursions offered are of sporting, adventurous character and therefore demand a degree of fitness and health. It is up to you to find out if you are suitable for the demands of a particular tour and if necessary to get a doctor's opinion of the health risks involved. Before the excursion begins, you must inform the guides and trainer, who are looking after your tour, if you have any personal limitations due to illness or disability.
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10.4 |
We reserve the right to offer alternative tours to the same value if (weather) conditions are too extreme; or to cancel the tour and return payment.
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11.Court of Jurisdiction |
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11.1 |
Action against the organizer may only be brought in the appropriate local court in the area where the organizer is based. In the case of charges brought by the organizer against the customer, then the home address of the customer is important - unless the charges are brought against persons who have moved abroad since the contract was made or whose address or place of residence is not known when proceedings are begun.
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12. Further |
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12.1 |
Should any of the conditions of travel as mentioned above be ineffective or inadmissible, this has no effect on the other conditions of travel. Sub agreements need to be drawn up in writing to make them legally effective.
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Conditions Contract
Center Lofer · Andreas Voglstätter · A-5090 Lofer 330
