General terms and conditions

Silvia Paul Fiaker Betriebs GmbH, UID: ATU61153129

1. Scope

1.1 These general terms and conditions (GTC) apply to all contracts for Fiaker services concluded between Fiaker Paul (hereinafter “Contractor”) and the customer (hereinafter “Customer”).

1.2 Deviating conditions of the customer are not accepted unless the contractor expressly agrees to their validity.

2. Services/subject matter of the contract

2.1 The contractor offers horse-drawn carriage rides, guided tours and all services associated with operating the horse-drawn carriage.

2.2 The scope of services is agreed in writing or orally in the respective order. Changes or additional services must be paid separately.

3. Conclusion of contract

3.1 The contractor's offers are subject to change. A contract is only concluded with an express booking confirmation, by telephone or by written/electronic confirmation of the order.

3.2 When booking by telephone or verbally, the information provided in the offer is considered binding.

4. Prices and Payment

4.1 The agreed prices include statutory sales tax and other price components, unless otherwise stated.

4.2 The customer acknowledges that the prices of the carriage rides offered relate to the entire carriage and are to be considered regardless of the number of people. (Excluded are services and trips that are explicitly marked with a price per person — e.g.: “Secrets of the Fiaker”) The maximum number of people per carriage is 4 adults, as well as 1-2 children up to a maximum of 8 years of age.
The contractor assumes no liability for any resulting damage. Any damage is to be borne by the customer.

4.3 Additional costs (e.g. waiting times, special requests, routes outside the usual area, etc.) are to be borne by the customer.

4.4 Payment terms: Payments are to be made in accordance with the agreed contract details.

5. Cancellation/Withdrawal

5.1 The customer can withdraw from the booked service under the following conditions:

• up to 24 hours before the agreed appointment: free

• later: 100% of the agreed price;

• In case of no-show without timely cancellation: also full price.

5.2 The contractor reserves the right to cancel the contract for important reasons (e.g. force majeure, health reasons, horse failure, extreme weather conditions). In this case, the customer will receive back payments that have already been made or is entitled to compensation. Further compensation claims are excluded.

6. Liability

6.1 In accordance with legal provisions, the contractor is liable for damages in the event of intent and gross negligence as well as for personal injury and property damage.

6.2 The contractor is only liable for slight negligence if an essential contractual obligation has been breached (“cardinal obligation”), and limited to the typically foreseeable damage.

6.3 Liability for horses: The customer acknowledges that transporting and handling live animals entails risks. The contractor is not liable for damage that occurs independently of proper care and management, in particular if there is force majeure or unforeseeable animal behavior.

6.4 The customer is liable for damage caused by his own fault. This includes all damage caused by unauthorized touching and not being discussed in advance with the coachman or the person responsible for the horses or similar interactions.

7. Customer's safety and obligations to cooperate

7.1 The customer must provide all information necessary for the implementation in good time and in full (e.g. number of people, special requirements, meeting point, weather conditions).

7.2 The customer must follow the instructions of the driver or accompanying person, in particular with regard to safety (e.g. loading, handling in the car or with the horses).

7.3 In the event of violations of obligations to cooperate and the provision of false information, the customer is liable for any resulting damage. In addition, the contractor reserves the right to reject the customer or to prohibit entry and onward travel in the event of a breach of obligations to cooperate.

7.4. The customer undertakes to arrive at the agreed location punctually at the agreed time. The customer accepts that delays caused by him or delayed departure of the carriage lead to a reduction in travel time and therefore to limited performance. A claim for compensation is excluded in such cases.

8. Weather & force majeure

8.1 In the event of severe weather, heavy rain, storms or similar conditions as well as other unforeseeable events that endanger safety, the contractor may postpone or cancel the service.

8.2 In such a case, deposits already made will be refunded or a replacement service will be offered.

9. Data protection

9.1 The contractor collects, processes and uses the customer's personal data for the purpose of fulfilling the contract and fulfilling legal obligations.

9.2 Data will only be passed on to third parties insofar as it is necessary to carry out the order or is required by law.

9.3 The customer has the right to information, correction, deletion and restriction of the processing of their data, insofar as this is provided for by law.

10. Final provisions

10.1 Amendments and additions to the contract, including these terms and conditions, must be made in writing. Electronic form (e.g. email) is sufficient, if agreed.

10.2 Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally admissible provision that comes as close as possible to the economic purpose.

10.3 The place of fulfilment and jurisdiction is the registered office of the contractor, to the extent permitted by law.

10.4 Austrian law applies.

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