Das Leben Spüren – Embrace Life

GENERAL TERMS AND CONDITIONS – ALLGEMEINE GESCHÄFTSBEDINGUNGEN

General Terms and Conditions (= AGB) of Karin Kropik – Das Leben Spüren – Embrace Life (AGB-KK); as of December 2023), referred to as ‘the organizer’; ‘us’ and ‘we’; respectively:

1. GENERAL

Our General Terms and Conditions (AGB) form the contractual basis of our services as an organizer. We specialize in designing, organizing, and accompanying short trips (hikes combined with excursions) and hiking retreats (several hikes within a week). Accommodation, meals, flights, transfers, etc. must be organized and covered by the participants themselves. In addition, we organize and accompany day tours near Vienna (Lower Austria). In this case, we organize or arrange transport to the starting point of the respective hike on a case-by-case basis. Please note that we do not offer package tours.

2. REGISTRATION / CONCLUSION OF CONTRACT

The travel contract is concluded between the customer and the organizer if there is agreement on the essential contractual components (price, services, and date). This results in rights and duties for the customer. The service descriptions on the webpage valid at the time of the booking and the other information contained therein are the subject matter of the travel contract, unless differing agreements have been made at the booking. It is, however, recommended to record such agreements in writing. The customer is required to register online using the booking form. The registration is binding upon receipt of the booking confirmation. We assume that the customer has informed her-/himself in advance about the rights and obligations based on this AGB-KK and accepts these as the contractual basis of the contract. This also applies to possible other participants registered by the customer. Furthermore, we assume that the customer carefully read and took note of the respective retreat or tour description. This also applies to possible other participants registered by the same person.

Requirements for participation in the retreat/short trip

The participant is responsible for independently meeting the requisite prerequisites for participation in the retreat or short trip, at their own expense. This responsibility encompasses, notably, the booking and potential cancellation of accommodation, transportation, meals, and other travel arrangements.

3. PAYMENT CONDITIONS

Booking of a day tour

The total trip price is due after completing the online booking process.

Booking of a retreat or short trip

Long-term booking up to 60 days before the retreat/short trip start date

A deposit is required upon receiving the booking confirmation. The deposit amount can be found in the service description on the respective retreat/trip booking page. The deposit must be transferred to the account specified in the booking confirmation within 7 days. The remaining payment is due no later than 30 days before the start of the retreat.

Booking at short notice from 60 days before the retreat/short trip start date

For bookings made within 60 to 30 days before the retreat/short trip start date, payment of the total price is required immediately upon completion of the booking. The customer must ensure that the total amount is credited to the specified account; any payment transaction charges associated with foreign currency payments shall be borne by the customer. If we act merely as an agent for a trip, the terms of payment of the respective tour operator or service provider shall apply.

Online booking and payment system

We use the online booking system of TicketingHub and the payment provider Stripe. By booking a tour, retreat, or short trip with us online via our website, the booker agrees to TicketingHub‘s Terms of Service and Stripe‘s Terms of Service. Alternatively, payment can be made by regular bank transfer.

4. CANCELLATION POLICY

The cancellation fee is a percentage of the purchase price and concerning its amount, depends on the time of the notice of cancellation and the respective service type. Cancellations must be made in writing. Depending on the type of service (day tour, short trip, or retreat), the following cancellation fees result per person:

Day tours

For a full refund, cancel at least 7 days before the start date of the tour. After that, we cannot grant any refund. Cancellation after the start of the day tour or no-show: 100%. We allow a 15-minute grace period for late arrivals. This is a gesture of goodwill from us, and there is no legal right associated with it.

Retreats and Short trips

For a full refund, cancel at least 60 days before the start date of the retreat/short trip. After that, the following cancellation fees in percentage of the retreat/short trip price apply:

From 59 days up to 30 days before the start date of the retreat/short trip: 15 %
From 29 days up to 0 days before the start of the retreat/short trip: 100%

For companies (B2B):

For a full refund, cancel at least 30 days before the start of the tour. After that, we cannot grant any refund. Cancellations must be made in writing.

No-show

A “no-show” occurs when a customer does not attend a pre-booked retreat, short trip, or day tour, including instances where the customer opts out of participation or misses the engagement due to their own negligence or unforeseen circumstances. Customers have to settle the total cost of the booked retreat/short trip/day tour, amounting to 100% of the total price.

5. WITHDRAWAL FROM THE CONTRACT BY THE ORGANIZER

The organizer will be released from the contract if the minimum number of participants specified in the retreat/short trip/day tour description has not been achieved and if the customer has been notified about the cancellation in writing within the following periods or those mentioned in the respective description:

until 30 days before the start of a retreat of more than 5 days,
until 15 days before the start of a short trip of 2 to 4 days,
until 24 hours before the start of a day tour

Any payments made will be reimbursed.

Exclusion of organizer liability: participant claims and contractual relationships with Third Parties

The organizer assumes no responsibility for any claims made by participants arising from their contractual engagements with accommodation, airlines, transportation companies, and the like. This provision also encompasses claims filed by participants following the cancellation of their hotel, flight, transfer bookings, etc., subsequent to the retreat cancellation.

Withdrawal in the event of bad weather conditions – only applicable for day tours

In case of bad weather, in particular heavy precipitation, the organizer can withdraw from the contract and cancel the day tour up to 24 hours before the start of the tour. The customer will be offered a different date or a full refund. The decision as to whether bad weather is present in this sense or not lies solely with the organizer.

Highly improper behavior of the participant

The organizer is released from the contract performance if, within the scope of a group retreat, the customer continuously and despite a warning disturbs the retreat experience by highly improper behavior. If it was the customer’s fault, the customer is obliged to compensate the organizer for the damage she/he has incurred.

6. CHANGE IN THE PERSON OF THE PARTICIPANT

A change in the person of the participant is possible if the replacing person meets all conditions regarding the participation. Where the customer is prevented from participating in the booked retreat/trip, he/she may transfer his booking to another person. The organizer must be informed about the transfer directly within a reasonable period before the departure date. The organizer may notify a specific period in advance. The transferring party and the replacing person will be jointly liable for both the unbalanced remuneration and the additional costs arising from the transfer.

7. TRIPS WITH SPECIAL RISKS

Hiking retreats and tours are considered trips with special risks. Before you start your retreat or tour, we would like to point out the specific dangers associated with hiking in the great outdoors, which are not always foreseeable or cannot be excluded. Due to the nature of a hiking retreat/tour, certain circumstances (weather changes, floods, rockfall, injuries, road and trail conditions, technical problems, official regulations, etc.) may lead to deviations from the original tour or retreat description. This also applies to transport (route changes, vehicle defects, traffic jams, temporary transport defects). Unusual exertion, temperatures, and climatic conditions can put excessive strain on the cardiovascular system. In the event of accidents in the mountains and remote nature areas, it may take longer for external help to arrive or external help may even not be possible in some cases.

Any delays, restrictions, or omission of program items due to the above-mentioned reasons will be acknowledged by the participant as a possible disturbance and not as a travel shortcoming. The participant is aware of these circumstances, which form a basis for the conclusion of the contract and about which he/she was informed before the conclusion of the contract.

We are not liable for damages caused by not following the instructions of the hiking guides. The obligation to follow the instructions of the hiking guides regarding the correct carrying out of the tour as well as the safety of the participants is part of the travel contract. Anyone who violates this contractual obligation must compensate us for the resulting damages. If a specified guide is unavailable, a replacement guide will be provided. This does not constitute a reason for rescission.

8. SELF RESPONSIBILITY / HEALTH STATUS

Your participation is at your own risk and full awareness of the specific potential dangers associated with the booked travel or tour. If you are unsure about your health or physical condition, please seek medical advice. You are responsible for complying with the physical requirements set out in the tour description. There is therefore no claim for reimbursement of a service in the event of interruption of travel due to a lack of physical prerequisites.

Personal medication must always be carried with you. The tour guide/hiking guide may confidentially enquire about the health status of the participants to guarantee the safety of individual participants or the whole group and, if necessary, exclude individual participants from the whole tour or individual program items if the performance requirements specified in the tour or travel description cannot be met. Whether the state of health and physical fitness are sufficient for the planned tour or journey should therefore be clarified with a health practitioner before the booking. Hiking retreats are not suitable for people with limited mobility.

Arriving on time at the agreed meeting point and taking along the corresponding hiking equipment is also part of self-responsibility.

9. HIKING EQUIPMENT

We expressly point out that adequate hiking equipment is a prerequisite for participation in retreats and hiking tours. Particularly noteworthy here is the need for hiking boots with good traction – sneakers, sandals, or flip-flops are not suitable. In case of insufficient footwear and other inadequate equipment, participants can be excluded from the tour for safety reasons and no legal claims can be asserted. Adequate equipment also includes taking personal medication for known chronic diseases (e.g. allergies, asthma, diabetes, etc.), sun protection (hat, cap, sun cream), rain protection as well as protection against wind and cold (depending on the season also warm cap and gloves), as it can cool down severely in the mountains even in summer when the weather changes. It is also very important to carry enough water. The participants agree to follow the instructions of the hiking guide/the tour guide, respectively.

10. WALKING TIMES

The walking times given in the retreat or tour description are average values. The actual walking time depends on the physical condition of each participant, the group size, the weather conditions, the trail conditions, and unforeseeable events (e.g. closure of woodland due to forestry work). Temporal fluctuations in either direction are unavoidable and no legal claims can be derived from deviations in the indicated walking time.

11. PROGRAM CHANGES / UNFORESEEABLE EVENTS

We would like to point out that we offer individual tours and retreats and that there may therefore be shifts and changes in routes for various reasons. All defined benefits are to be understood in such a way that changes in performance due to changed or postponed routes can occur for good reasons (e.g. official arbitrariness, illness of travel participants, necessary repairs of means of transport, changes in the weather, changes in road and path conditions, etc.) and no warranty claims can be asserted as a result. Reaching a specific destination is not subject of the contract.

The organizer is entitled to change the timing or content of a retreat or a short trip or to omit individual components of it, provided that this does not change the overall character of the retreat or short trip.

The organizer is entitled to use other hiking guides/tour guides to conduct the retreat or short trip if the originally named hiking guide/tour guide is unable to attend. The replacement of the hiking guide/tour guide does not entitle the participant to withdraw from the contract or to terminate the contract.

We have no influence on unexpected and unforeseeable events, natural disasters, political unrest, etc., and resulting program changes and there is no claim for reimbursement.

12. PICTURES & VIDEOS

We retain the prerogative to utilize photographs and videos depicting participants or those provided to us on our website and social media channels. The participant herewith affirms their consent to being photographed and filmed. Should there be a change of preference, the participant retains the right to rescind their consent on-site before the start of any recordings.

13. INSURANCE

The prices of our tours do not include any trip cancellation insurance, trip interruption insurance, or travel health insurance. It is also recommended to take out salvage cost insurance. It includes a helicopter rescue, which is not covered by regular health insurance. We strongly recommend taking out appropriate insurance.

14. CHANGES AND ERRORS

Errors, changes in price and programs, and printing- and typesetting errors are reserved.

15. ORGANIZER / JURISDICTION

Karin Kropik, Zeillergasse 42, 1170 Vienna, Austria. The place of the jurisdiction is Vienna, Austria. The contractual language is German.

This is a translation from the German original. Only the German original is of binding validity.

Das Leben Spüren – Embrace Life

GENERAL TERMS AND CONDITIONS – ALLGEMEINE GESCHÄFTSBEDINGUNGEN

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