General Terms & Conditions (T&C)

  1. Scope of Application
    1. These T&C apply to all legal transactions between Tales & Tours DK e. U. (hereinafter: “Guide”) and the Client (hereinafter: “Client”).
    2. These T&C apply to Clients who are entrepreneurs without restriction. If the Client is a consumer within the meaning of § 1 para. 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), these T&C apply insofar as this law does not stipulate otherwise.
    3. If the Client books the services of the Guide not for themselves, but for third parties (hereinafter “Participants”), the Client undertakes to instruct the Participants to comply with the rights and obligations stipulated in points 8 and 11 of these T&C.
  2. Conclusion of Contract
    1. A booking inquiry can be made to the Guide via email, web form, telephone, or mail.
    2. Upon receipt of the booking inquiry, the Client will receive a written offer from the Guide (usually via email), specifying the agreed services and the fee to be charged. The contract is concluded as soon as the Client accepts this offer in writing or via email (e.g., by confirmation). A handwritten signature is not strictly required for this unless explicitly requested by the Guide in individual cases. The Guide is not obligated to accept a booking inquiry and may reject it without stating reasons.
    3. Unless a different period is stated in the written offer, the Guide is bound by the prices and conditions mentioned in the offer for 14 days from the date of issue. After this period, the offer is non-binding; the Guide is no longer obliged to provide the service under the originally stated conditions. Until the binding acceptance by the Client, the offered dates remain available to the Guide (subject to prior sale). Obvious errors in writing or calculation in the offer are not binding for the Guide.
    4. Online Bookings:
      If the booking is made via the Guide’s website or through partner booking portals (e.g., TripAdvisor, Viator, GetYourGuide, etc.), the contract is concluded—deviating from point 2.2—directly upon completion of the electronic booking process (clicking the payment-required booking button) and the subsequent booking confirmation (usually automated via email). A separate, signed offer is not required in this case.
  3. Scope of Service / Limitation of Service
    1. The Guide offers guided tours of various types to show and explain to the Client and other Participants the historical riches and the artistic and cultural heritage of Austria, the sights, the social and political situation in the national and supranational context, as well as other cultural, sporting, and social events.
    2. The start and end of the tour, the exact meeting point, the contact details of the Guide, and the content of the owed services are derived from the written offer sent or handed over to the Client by the Guide.
    3. If no specific services have been agreed upon, the Guide will determine the content of the services at its own discretion within an agreed price, time, location, and content framework.
    4. Insofar as the Guide presents (copyright) protected works or uses titles within the framework of its services, the Client undertakes not to infringe upon these resulting rights.
    5. The Guide is entitled to exclude the Client or individual Participants from its services, or to cancel or terminate the tour if the provision of the service is unreasonable for the Guide due to the behavior of the Client or another Participant, or due to excessive consumption of alcohol or drugs by such a person.
    6. Due to force majeure, weather conditions (e.g., black ice, heat, flooding, storm or weather warnings), or circumstances beyond the Guide’s sphere of influence (e.g., a museum visit not being possible), the Guide may limit, amend, or completely cancel the services at its own discretion.
  4. Tours Booked Directly with the Guide and Payment Terms
    1. The fee owed for the provision of services is derived from the written offer of the Guide.
    2. If no explicit fee agreement has been made, a reasonable fee is deemed agreed. The publications of the Association of Licensed Vienna Tour Guides applicable for the year the service is performed (based on their member survey) serve as the benchmark for appropriateness and local custom in Vienna. Costs for any means of transport (coach, Vienna public transport, etc.) or entrance fees are not included.
    3. Should the order processing require planning effort exceeding the usual extent (e.g., complex program development or specific preparations), the Guide is entitled to charge for this additional effort separately.
    4. The Guide is entitled to request advance payments (deposits) or full payment in advance (prepayment). The Guide may set a specific deposit as part of the booking; this must be paid by the deadline stated in the order confirmation or invoice. If payment is not made on time, the Guide is entitled to exclude the Client from service provision. For new clients, an obligation for partial or advance payment generally applies. Unless a prepayment was agreed, the fee is due at the latest after the service has been provided.
    5. The agreed fee is net. If the Guide is subject to VAT, they must inform the Client within the order confirmation. In the event of VAT liability of the Guide, the Client must pay the agreed fee net plus VAT, unless otherwise provided due to intra-community exemption rules.
    6. The group size is limited to 20 people, unless otherwise agreed in individual cases.
    7. If the service is not provided in whole or in part for reasons falling under 3.5, 3.6, or 9.1 to 9.2, this does not affect the amount of the agreed fee. Fees already paid are non-refundable in these cases.
  5. Booking of Online Offered Tours and Payment Regulation
    1. Online offered tours are considered services that the Guide offers via its website or partner portals (e.g., TripAdvisor, Viator, GetYourGuide, etc.) and which can be booked directly via a booking portal of the aforementioned sites.
    2. The fee owed for the provision of services is derived from the price stated by the Guide on its website or partner portals for the tour offered online. Costs for any means of transport (tour bus, Wiener Linien, etc.) or entrance fees are not included (unless stated separately in the offer).
    3. Unless otherwise agreed in individual cases, the fee is due upon booking and must therefore be paid in advance via the booking portal (e.g., via bank transfer, credit card, PayPal, or other payment options).
    4. The group size is limited to 20 people, unless otherwise agreed in individual cases.
  6. Cancellation Policy
    1. The Client and the Participants are generally bound to booked services. However, the Guide grants the Client a limited right of cancellation.
    2. According to § 18 para. 1 no. 10 FAGG, there is no statutory right of withdrawal for services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the performance of the contract. Since the tours offered by the Guide are such services for fixed dates, revocation under the FAGG is excluded. Only the cancellation conditions stated here apply.
    3. Cancellations by the Client must be made in writing via email to dominik@talesandtoursvienna.com
    4. The Client does not have to pay a cancellation fee to the Guide if written notification of the cancellation is received by the Guide at least 21 days before the agreed service date.
    5. If the Client cancels a tour between 3 and 21 days before the agreed date, half of the agreed fee is to be paid as a cancellation fee.
    6. If the Client cancels less than 3 days before the agreed tour date, the full agreed fee is to be paid.
    7. In the case of agreed additional effort due to standard tours adapted at the Client’s request or specifically developed individual tours, extended deadlines apply:
      • Up to 30 days before service: free cancellation.
      • 30 to 14 days before service: 50% of the agreed tour fee.
      • Under 14 days before service or in case of no-show: 100% of the agreed fee.

        References to the existence of such an adapted tour/special tour will be explicitly identified as such in the Guide’s offer.
    8. The cancellation day and the agreed service day are included in the deadline calculation. The receipt of the cancellation by the Guide is always decisive for the calculation of the deadline.
    9. The cancellation fees are flat-rate penalties that must be paid regardless of fault or actual damage incurred.
    10. The cancellation fee must be paid separately for each individual cancellation and per Participant.
    11. The Guide is entitled to withdraw from the contract if:
      • For tours with a stated minimum number of participants, this is not reached 5 days before the date,
      • The Guide is absent due to an unavoidable hindrance (e.g., sudden, acute illness or accident) and, despite efforts, fails to provide a professionally suitable substitute in accordance with point 7.1.

        In these cases, the Client will be informed immediately. Payments already made will be refunded immediately and in full. At the Client’s request, it is optionally possible to postpone the tour date. Further claims by the Client (e.g., compensation for travel costs or additional costs for substitute bookings) are excluded, provided the Guide is not guilty of gross negligence regarding the hindrance.
  7. Representation and Power of Attorney
    1. The Guide is entitled to use or appoint a professionally suitable and authorized substitute in the event of a hindrance to performing the agreed services. The Client will be informed of this and the name of the substitute in advance.
    2. The Guide is entitled to delegate parts of the tour to other persons in museums, churches, other houses of worship, gardens, zoos, or other facilities. The Client grants the Guide power of attorney to arrange and book entrance fees, transport, catering, demonstrations, performances, or other events on behalf of the Client and in their name.
  8. Obligations of the Client
    1. The Client is subject to the following duties to cooperate and provide information:
      • The written offer must be read carefully by the Client regarding the fitness necessary and assumed for the booked service.
      • The Guide will explain the content, duration, and process before the start of the tour. Should the Client or a Participant have concerns that they cannot or do not wish to participate in the tour or parts thereof, for example, due to personal limitations, they must inform the Guide immediately. The assessment of whether the Client or the Participants are able to participate in a tour due to their own (physical) condition is the responsibility of the Client and each Participant themselves. The Guide assumes that the Client and the Participants can complete the planned route independently and without physical assistance from the Guide. Should the Client or a Participant feel unable to do so, or should such concerns arise during a tour, the Client and the respective Participant are obliged to inform the Guide. The same applies to personal anxieties of the Client.
      • The instructions of the Guide regarding safety precautions, keeping the group together, and the conduct of the Client and other Participants must be followed.
    2. The Client is responsible for ensuring that other Participants also comply with their notification obligations toward the Guide.
    3. Personal sensibilities of the Client and other Participants will be considered by the Guide. There is no claim to a refund for partial or non-utilization of the service due to one’s own fitness condition or personal anxieties.
  9. Adherence to Schedule
    1. If the Client or a Participant is expected not to arrive on time for the agreed start of the tour, the Client or their authorized representative is obliged to inform the Guide of the expected duration of the delay by telephone immediately upon becoming aware of a reason for hindrance.
    2. The Guide will wait at least 15 minutes after the agreed tour start time. The waiting time of the Guide will be included in the agreed tour duration in the cases of point 9.1.
    3. If no information is provided to the Guide according to point 9.1 within 15 minutes after the agreed tour start time, the Guide is not obliged to wait any longer. In this case, the Guide is released from its obligation to perform, and its claim to the fee remains in full.
    4. Should the Guide be delayed, they will inform a contact person—provided the Client has given the Guide a telephone number. The Client and the Participants are obliged, in the event of a delay by the Guide, to wait for the Guide for at least 15 minutes. The Client or their authorized representative is obliged to inform the Participants of this duty to wait.
    5. The Client or their authorized representative will instruct the Participants to comply with the timing specifications of the tour (return times) and the organizational requirements of the Guide (removing dangerous items, keeping the group together, maintaining public order and house rules, carrying IDs, avoiding danger zones).
    6. Should the agreed tour duration be extended at the Client’s request or exceeded due to reasons within the Client’s or Participants’ sphere (e.g., delay, delays in the process), the Guide is entitled to charge this separately. An extension is only possible if the Guide agrees (e.g., because no follow-up appointments are pending); there is no claim to this. For every commenced hour of overtime, a fee of EUR 100.00 incl. VAT is considered agreed.
  10. Invoice Submission
    1. The Client agrees to electronic invoice submission via email.
  11. Liability
    1. The Guide is not a sports instructor. If the tour or travel assistance is carried out with the aid of vehicles, means of transport, or sports equipment, the Client and the Participants will be briefly instructed on their use before use. The Client and the Participants are obliged to follow the instructions and strictly observe the operating manuals. Liability for non-compliance with instructions and operating manuals is excluded.
    2. Liability of the Guide for damages to the Client or Participants resulting from the consumption of food or drinks and from participation in tastings during the tour or travel assistance is excluded.
    3. The Guide is not liable for (partial) impossibility or unplanned interruption or delay of the tour or trip if the reason does not lie within its sphere. The Guide is entitled to terminate or cancel the tour if, from its point of view, safe execution or completion is not possible.
    4. The risk that any onward journey not organized by the Guide after the tour or travel assistance is delayed lies exclusively with the Client and the Participants. Liability of the Guide for any resulting disadvantages is excluded, provided the Guide is not at fault for the delay.
    5. The Guide does not conclude a tour operator contract and is not a tour operator.
    6. The Client and the Participants will observe copyright provisions during the tours. Targeted film and sound recordings by the Client during tours or travel assistance are prohibited without the Guide’s consent.
  12. Data Protection
    1. The Guide points out that the use of WhatsApp and other social media is necessary to carry out its activities.
  13. Severability Clause
    1. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected.
  14. Final Provisions
    1. The place of performance for the contract is the location where the tour is to be carried out.
    2. The place of jurisdiction for disputes arising from or in connection with this contract is the registered office of the Guide, Vienna, unless § 14 KSchG applies.
    3. The application of Austrian law is agreed upon.