Terms and Conditions

Terms and Conditions

These general business and tour terms and conditions apply for all bookings and with business activities of GH-Sport Tours GmbH (FN 503555 y) and with its Haller Pro+ road bike tour brand, and as such become the content of the package tour contract and/or purchase agreement entered into between you and GH-Sports Tours GmbH.

Please read through these general business and tour terms and conditions carefully before booking. Please observe the tour information at www.hallercycling.pro and the details in your booking confirmation sent out after a booking is made.

1. Purpose of the contract and contractual relationship

These business and tour terms and conditions govern the business relationship between GH-Sport Tours GmbH with its ‘Haller Pro+ Cycling’ brand, hereinafter GH-Sport Tours GmbH, and its customers within the framework of cycling tours offered by GH-Sport Tours GmbH and additional services offered.

2. Organiser

Unless otherwise expressly mentioned, the company GH-Sport Tours GmbH (FN 503555 y), with its registered office at Ossiachersee Straße 40, 9520 Sattendorf, Austria, appears as the contractual partner for the tours and additional associated offers described on the websites and in all other means of communication. GH-Sport Tours GmbH holds a license for trading as a travel agency (GISA number: 207/31451253). GH-Sport Tours GmbH is the organiser of the cycling tours offered and, as such, a business partner for all services offered, defined in more detail below, however not for additional services offered in the course of package tours offered by third parties or purchased in addition by customers.

3. Insolvency insurance

Information about insolvency insurance required by law: GH-Sport-Tours GmbH has taken out insolvency insurance with HDI  Global SE, HDI-Platz 1, D-30659 Hanover. TVA-Tourismusversicherungsagentur GmbH, Baumannstraße 9/8, 1030 Vienna acts as the liquidator, 24-hour emergency number: Tel. +43 1 361 9077.

Travellers are to contact the liquidator within 8 weeks of them being refused services due to the insolvency of GH-Sport Tours GmbH. Details of the licence to exercise travel services held by GH-Sport Tours GmbH can be found on the website https://www.gisa.gv.at/abfrage under GISA number 31451253.

4. Contractual relationship between GH-Sport Tours GmbH and ist customers
4.1.   Range of services

Under the brand ‘Haller Pro+ Cycling’, GH-Sport Tours GmbH offers exclusive cycling tours. The fundamental concept of these cycling tours is based on customers becoming part of a cycling team during the booked tour and taking part in it true to the motto “Ride like a Pro”. GH-Sport Tours GmbH offers ‘PRO+ Tours’, ‘Private Tours’ and ‘Day Tours’. GH-Sport Tours GmbH are not to be classed as package tours with regard to the Package Travel, Holidays and Tours Directive.

The basis for the range of services of GH-Sport Tours GmbH are the tour descriptions corresponding to the respective tours offers published on the website www.hallercycling.pro and supplementary means of communication (brochures, catalogues, magazine, emails, social media postings etc.) and providing customers with all information with regard to the respective cycling tour. Along with these package cycling tours, GH-Sport Tours GmbH also offers cycling clothing and other items for sale. For all services not part of the services described for the respective cycling tour or in connection with the sale of merchandise from the shop, GH-Sport Tours GmbH is not a contractual partner and the contract is entered into with a third party. Replacement materials required by GH-Sport Tours GmbH customers during the cycling tour are to be purchased directly from the mechanic, who is also a contractual partner acting on their own behalf and at their own risk. GH-Sport Tours GmbH accepts no liability for resulting claims.

4.2.   Obligations to perform and Content of the contract

The contract enters into force between GH-Sport Tours GmbH and the customer. The purpose of the contract are the services offered by GH-Sport Tours GmbH and purchased by the customer described in detail in the respective tour descriptions. Services offered differ according to the cycling tour booked and associated service package. Only services offered by GH-Sport Tours GmbH become content of the contract.

All services beyond those offered in the tour description are additional services or supplementary products and must be booked and paid for additionally by the customers themselves, in particular regarding travel to and from the start and end point for the respective cycling tour. All flights, train journeys etc. for arrival and departure are organised and paid for by customers themselves. Only transfer from/to the airport according to the tour description is organised and paid for by GH-Sport Tours GmbH. It is expressly specified that services offered in connection with the respective cycling tours may differ from the original schedule based on necessary changes to the event organisation (see Clause 4.5 for more details).

4.3.   Entering into the contract and booking prodedure

Bookings for GH-Sport Tours GmbH cycling tours can be made verbally, by telephone, in writing by letter, SMS/WhatsApp, app or by email.

GH-Sport Tours GmbH offers its customers various cycling tours by different means (website, brochures, adverts etc.). Customers are informed of the specific range of services by means of the respective tour description. In accordance with Section 4 of the Austrian Package Tour Act (PRG) and Section 8 (3) of the Austrian Remote and External Business Act (FAGG), the customer is provided with all information and a standard information sheet about the significant features of the tour service and all other information required by law.

The following applies for bookings:

The booking form made available by GH-Sport Tours GmbH or via other means of communication (email, post etc.) serves as the basis for all bookings and the associated contract entered into between the customer and GH-Sport Tours GmbH. By signing the booking form, the customer makes a booking request offering to enter into a contract with GH-Sport Tours GmbH. The customer is bound by the booking request for 7 working days. GH-Sport Tours GmbH confirms the booking by providing customers with the tour confirmation (declaration of acceptance). The contract enters into force by the customer being provided with the tour confirmation on a permanent data carrier (email, paper etc.). Payment is made by transfer or credit card.

In particular, the following applies to bookings made via the GH-Sport Tours GmbH website:

The booking process is explained to the customer by GH-Sport Tours GmbH in simple terms in multiple languages, but where declarations other than in German do not apply to the content of the contract. Only German is applicable to the contractual relationship and communication with GH-Sport Tours GmbH. At any time during the completion process, customers are able to revoke and delete their entries and make appropriate changes. Customers select a specific cycling tour on the GH-Sport Tours GmbH website and confirm ‘Book’ if wanting to definitively book the Tour as binding. During the course of the booking process, customers are made aware of and are to confirm the general business and tour terms and conditions as well as the specific range of services. Before clicking on the order button and completing booking, customers are provided once again with a summary in a manageable format of all information about the selected services, in particular the tour description. By confirming the ‘Book’ button, customers book the service offered as binding. Payment is made by credit card. Receipt of the booking requiring payment is confirmed to the customer immediately after the booking is made by email or other electronic means. Confirmation of the tour booking by GH-Sport Tours GmbH and the associated entering into of the package tour contract can, however, be made directly in real time via the electronic booking itself using a window that appears, which is to be confirmed. Customers then receive a tour confirmation including invoice on a permanent data carrier (electronically or, on request, in paper format by post).

4.4.   Payment

On entering into the package tour contract, a down payment of 20% of the total price becomes due, payable within 7 days to the GH-Sport Tours GmbH account, IBAN: AT06 4213 0901 0102 1138, BIC: VBBOEATWWKLA. The outstanding amount must then be paid by no later than 20 days before the start of the tour by bank transfer and before the start of the tour to the GH-Sport Tours GmbH account. Where, despite this period up to the start of the tour, the entire invoice amount is not transferred, GH-Sport Tours GmbH is entitled to refuse the customer taking part in the tour and retain the down payment as reimbursement, or where this is still not paid to demand costs already incurred to be covered. The full fee for taking part in day tours is to be paid in advance.

For all bookings within less than 30 days before the start of the tour, the full tour price is payable within 14 days after receipt of the invoice, and in any event by no later than before the start of the tour, with prompt arrival in the GH-Sport Tours GmbH account essential.

In order to safeguard customer money, the organiser has taken out insolvency insurance, the costs for which are already included in the tour price.

On receipt of the total tour price in the GH-Sport Tours GmbH account, the customer will be sent all tour documents.

Where the customer fails to meet its payment obligation on time, even though GH-Sport Tours GmbH is prepared to provide the contractually agreed service, GH-Sport Tours GmbH is entitled to terminate the contract following a reminder. Any down payments already made can be retained by GH-Sport Tours GmbH to compensate for costs already incurred. In any event, the customer will be provided with a precise list of these costs.

4.5.   Changes to Prices and services

Services agreed according to the tour description may vary from the original offer. This may be before the start of the tour or even during it. GH-Sport Tours GmbH reserves the express right to change the individual elements of the respective cycling tour (such as stage itinerary or accommodation) for operational reasons, force majeure (weather conditions, earthquakes etc.), or other circumstances likely to affect the safety of participants, without however essentially amending the fundamental character of the tour. GH-Sport Tours GmbH is also entitled to modify the scope of services or itinerary based on circumstances beyond the control of GH-Sport Tours GmbH and, as a result, with no influence on any resulting necessary adaptations. This relevant decision is a matter for the tour leaders. Participants are informed about any changes to the scope of services immediately by GH-Sport Tours GmbH by means of email or verbally. Should the fundamental character be changed significantly, the customer is entitled to terminate the package tour contract at no charge within 14 days as of receipt of notification of the changes or the price reduction notified by GH-Sport Tours GmbH, provided that the customer accepts the changes to the contract. The customer failing to exercise its right to termination in good time is regarded as consent to, and acceptance of, the changes to the contract. The amount of any price reduction is in line with the extent of the change to the respective scope of services and is determined on an individual basis.

In addition, up to 20 days before the start of the tour GH-Sport Tours GmbH is entitled to pass on to the customer price increases due to various circumstance (additional costs, currency rate fluctuations etc.) of 8% of the total price. The customer will be made aware of this with the reasons. In this case, the customer is entitled to terminate the package tour contract for free if the price increase amounts to more than 8% of the total tour price.

Should the fundamental character of the tour change significantly, the customer having a claim to payment of a fixed settlement of 8% of the total price applies to significant amendments to the scope of performance according to the tour description once the tour has started. GH-Sport Tours GmbH is in no way responsible for significant amendments and modifications due to the tour leaders and guides based on protecting the physical integrity of the participants. GH-Sport Tours GmbH is not responsible for amendments to the planned itinerary, such as the tour being cancelled due to circumstances of force majeure or illness/death of individual participants, and it takes on no resulting additional costs. In general, in the event of non-performance or defective performance of the contract, GH-Sport Tours GmbH is obliged to diligently provide the travelling party with assistance in overcoming difficulties. The customers are to report and contest any defect in performance of the contract established during the tour without delay to the tour leaders. The customer is only entitled to claim compensation for lost enjoyment of holiday where GH-Sport Tours GmbH and its assistants are to blame. In the event of a return journey being impossible (due to unavoidable or extraordinary circumstances), GH-Sport Tours GmbH will make accommodation available for a maximum of three nights of an identical category, provided that GH-Sport Tours GmbH is responsible. This claim by customers against GH-Sport Tours GmbH ceases to apply in the event of lost flights or problems with other means of transport booked by customers themselves.

4.6.   Contract terminated by customers

By means of a written declaration to GH-Sport Tours GmbH, customers are able to terminate the tour contract at any time before the start of the tour. With the tour contract being terminated by the customer before the start of the of the tour, GH-Sport Tours GmbH no longer has a claim against the customer for payment of the full tour price, but it is entitled to compensation in the form of a cancellation fee. Cancellation fees are staggered in consideration of the timeframe between notice of the tour being terminated and the start of the tour, as well as in consideration of the moment of the notice of termination being received. The cancellation fee depends on the total price for the tour and is staggered with the following percentages:

up to 90 days before the start of the tour                                                                                                         free

from the 89th to 60th day before the start of the tour                                                                                  20%

from the 59th to 45th day before the start of the tour                                                                                  35%

from the 44th to 30th day before the start of the tour                                                                                  50%

from the 29th to 15th day before the start of the tour                                                                                  75%

as of the 14th day before the start of the tour                                                                                               100%

of the tour Price.

Customers prevented from starting the tour are able to transfer the contractual relationship to another person provided that they meet the requirements and conditions for taking part in the tour, in particular physical and psychological requirements and the organiser is informed of this transfer in writing by no later than 7 days before the start of the tour (received by us). The person transferring and the acquirer are joint and severally liable for the outstanding payment as well as any additional costs incurred for the transfer.

In the event of a no-show by customers, them cancelling the tour within 14 days of it staring, or deciding to break off the tour themselves, where negligent conduct is sufficient, reimbursement must be studied on a case-by-case basis and cannot be assured. In any event, GH-Sport Tours GmbH recommends its customers take out tour cancellation insurance for compensating any costs in this respect.

4.7.   Contract termindated by GH-Sport Tours GmbH

Termination before the start of the tour

GH-Sport Tours GmbH has the option of terminating the tour contract should the required minimum number of participants according to the tour description for the respective tour not be reached by 31 days before the start of the tour. GH-Sport Tours GmbH informs its customers of the respective minimum number of participants or, as may apply, the deadline for running the tour in the individual tour descriptions. Should the tour fall through against expectations, GH-Sport Tours GmbH must inform its customers in writing within an appropriate period. In addition, GH-Sport Tours GmbH has the option of terminating the tour contract due to force majeure or unusual and unforeseeable circumstances over which it has no influence and the consequences of which could not have been avoided, despite applying the required care. Where GH-Sport Tours GmbH terminates for the reasons stated, it shall return in full to the customer any down payments made, however no compensation payments whatsoever will be paid by GH-Sport Tours GmbH.

Termination during the tour:

GH-Sport Tours GmbH has the right to exclude individual participants from the respective tour and terminate the tour contract following a warning due to unreasonable conduct, in particular in the event of failure to comply with instructions by tour leaders or guide or other participants being put at risk. Where clients are at fault, they are to reimburse GH-Sport Tours GmbH with damages incurred, deducting any expenses saved by GH-Sport Tours GmbH. In this case, there is no entitlement to reimbursement of the contractually agreed tour price.

5. Participation requirements

Cycling tours offered by GH-Sport Tours GmbH require certain prerequisites to be met by customers. These prerequisites are split into the following areas:

State of health:

By entering into the contract, customers confirm meeting the physical and mental requirements for starting the cycling tour offered by GH-Sport Tours GmbH according to the tour description, in particular the required level of performance. Customers are to inform GH-Sport Tours GmbH before starting the tour of pre-existing illnesses and, during the cycling tour, tour leaders or guides of any acute health complaints arising (allergies, chronic illnesses etc.). GH-Sport Tours GmbH recommends those taking part in the tour undergo a thorough sports medical before starting. Should the tour leaders or guides be made aware of a participant becoming ill or injured during the course of the tour, they may be excluded from the tour. GH-Sport Tours GmbH is entitled to exclude participants not meeting the required health prerequisites or not disclosing any illnesses from the respective cycling tour at any time. Costs incurred due to this are to be borne customers themselves, and there is no entitlement to the tour price being reimbursed.

Material and equipment:

Before starting the cycling tour, participants receive from GH-Sport Tours GmbH a detailed list of equipment to bring along for the tour. In any event, customers are to bring a professionally serviced and working road bike as well as a helmet and suitable clothing. The customers themselves are responsible for transporting material to the cycling tour start point and any resulting damage. Customer cycles are cleaned and serviced on a daily basis by GH-Sport Tours GmbH mechanics to the extent of the service described in line with the tour description. Cycles are invariably not serviced on day tours. Assistance by guides or participants of day tours represents no offer by GH-Sport Tours GmbH, and material made available as an alternative to the customer will be charged at cost price with liability excluded. As the organiser, GH-Sport Tours GmbH undertakes no repairs or servicing work itself. Any work and material costs for repair work over and above occasional outlay for the mechanic (see tour description) are to be paid for by customers themselves and at the scene to the mechanic. The contractual partner is the mechanic acting on his own behalf and at his own risk. Customers must inspect their bikes themselves after servicing.

GH-Sport Tours GmbH is liable for safekeeping cycles in GH-Sport Tours GmbH vehicles and, where possible, at the respective accommodation, safeguarding the customers’ cycles in lockable rooms. During tours (for example on breaks), customers themselves are responsible for safeguarding their cycles. On day tours, cycle transport is secured. GH-Sport Tours GmbH is not liable for the theft of accessories, luggage or other items owned by customers or third parties. Customers themselves are responsible for safeguarding their valuables. Helmets are mandatory on all GH-Sport Tours GmbH cycle tours, and customers are to bring their own helmet.

6. Individual responsibility of customers

Due to its dynamic and being practised on open roads, cycling is a dangerous sport and therefore associated with corresponding risks. Above all, riding in groups, tackling tours over a number of days on mountain roads with steep, rapid descents and the high speeds reached when practising this sport stretch customers to their limits of physical and psychological performance. On entering into the contract, customers confirm that the cycling tour booked exposes them to potential danger and that they are aware of the associated risks. Customers are also aware that they themselves are responsible for handling their cycle and they are to conduct themselves in accordance with the instructions of guides and comply with the highway code of the respective destination. At all times, customers are to approach tour leaders or guides if they have concerns in a certain situation or feel compelled by peer pressure to behave in a way not in accordance with their level of performance or physical shape.

7. Compensation and liability limitation

GH–Sport Tours GmbH is liable for the proper performance of all contractually agreed tour services. GH–Sport Tours GmbH stipulates that liability only applies to injuries and material damage in accordance with the statutory provisions based on substantive Austrian law. Express reference is made to the following points, in particular liability limitations, individual responsibility and duties of the customer to inform. In any event, GH–Sport Tours GmbH accepts no liability whatsoever for conduct in breach of the contract by the customer and for harmful behaviour of third parties. All claims are time barred after two years as of potentially being made aware.

Injuries:

Of all types of sport, cycling is inherently dangerous. Along with practising this type of sport on open roads in normal traffic, the technical control as well as the physical and psychological requirements represent a significant potential for danger for those practising the sport. Every customer must be aware that they go cycling under their own responsibility and GH-Sport Tours GmbH will be held harmless, with the exception of wilful or grossly negligent conduct by GH-Sport Tours GmbH or its assistants. Customers partake in the respective tours at their own risk and must follow the instructions of tour leaders or, as may apply, guides. No liability whatsoever will be accepted by GH-Sport Tours GmbH for losses caused by other tour participants or third parties.

Material damage:

Liability for material damage is in accordance with statutory regulations, however liability for negligently caused damage by GH-Sport Tours GmbH and its assistants is capped to 10% of the gross total price per customer. No liability is accepted by GH-Sport Tours GmbH or, as may apply, only to the extent of the provisions of the terms and conditions for damage to or theft of travel luggage or cycles and bike accessories or luggage during the tour or transport. In addition, no liability whatsoever is accepted for services only arranged by GH-Sport Tours GmbH, i.e. provided by third parties.

8. Tour leader and guide instructions

Customers are to follow the instructions of the tour leaders and guides at all times. At the start of every cycle tour, there is an in-depth explanation and clarification of the upcoming cycle tour and the associated risks. Briefings and debriefings are held by tour leaders and guides on the morning or, as may apply, in the evening of every daily stage in which the individual stages, their features and points of danger are discussed in detail. GH-Sport Tours GmbH stresses that the cycle tours held are guided cycle tours rather than sports competitions. Tour participants going against the instructions of the tour leaders and guides entitles the latter to exclude one or more participants from the tour. In any event, additional costs incurred by customers are to be borne by themselves, and customers have no entitlement to any costs incurred for the rest of the itinerary being reimbursed.

9. Acting at one´s own risk

Every customer confirms that they have full knowledge and awareness of the risks associated with cycle sport and are in physical and psychological condition for taking part in the respective cycle tour according to the tour description.

10. Complying with the Highway Code of the respective country

Depending on the cycle tour, customers are to comply with the Highway Code or comparable regulations for the respective destination. GH-Sport Tours GmbH makes it clear that the cycle tours offered are not sports competitions and, as a result, the Highway Code is to be complied with accordingly. Under all circumstances, a cycle helmet is to be worn on all tours and proper material according to the tour description is to be worn.

11. Insurance

GH-Sport Tours GmbH strongly recommends taking out corresponding accident, illness, third-party liability, travel and cycle insurance. GH-Sport Tours GmbH’s cooperation partner, Care Consult insurance brokers, offers specialist insurance packages for all cycle tours.

12. Warranty

The customer shall inform the representatives of GH-Sport Tours GmbH (tour leaders, guides) of and contest all defects with services provided by GH-Sport Tours GmbH, otherwise customers share the blame, thus reducing compensation claims. By contrast, in the event of defects the customer shall contribute to enabling damage to be avoided or minimised. In these cases, GH-Sport Tours GmbH undertakes to ensure assistance, where assistance is possible and the measures are proportionate. GH-Sport Tours GmbH is entitled, including in the way assistance is rendered, for customers to receive substitute performance of the same or a higher value. Claims due to non-performance or performance services provided not in accordance with the contract are to be asserted with GH-Sport Tours GmbH within 14 days of the end of the tour. This deadline also applies to defects already reported during the tour.

13. Right to one´s own image

GH-Sport Tours GmbH documents every cycle tour with photo and video material published on several channels, in particular on social media channels and on GH-Sport Tours GmbH’s homepage. Selected photos and videos are used for advertising purposes and made accessible to a wide audience. As such, those taken part in tours hereby grant their consent to disseminating image and video material and its commercial use unless they expressly object on starting the tour.

14. Passport, visa, Health requirements

Customers are responsible themselves for applying for visas and bringing valid travel documents as well as complying with customs and current requirements, and observing health requirements of the respective country. In particular, customers from the USA and UK are reminded to familiarise themselves with the applicable travel requirements nearer the time. GH-Sport Tours GmbH will inform customers about relevant travel and health requirements in good time, however it is always customers themselves who are responsible for obtaining the corresponding documents and taking the appropriate health precautions such as vaccinations. Customers are to inform themselves about any vaccinations in advance of travelling, arrange for them in good time, and notify GH-Sport Tours GmbH of them promptly according to the tour description. In addition, the health regulations of the respective country are to be complied with and customers are to make themselves aware of them and study the relevant provisions of their own accord. GH-Sport Tours GmbH accepts no liability for any claims due to failed visa issues or in connection with claims arising from health, customs and currency regulations. Losses arising due to failure to comply with the corresponding regulations are borne by the client, even if the provisions have changed subsequently.

15. Third-Party services

No liability whatsoever is accepted by GH-Sport Tours GmbH for any third-party services such as massages, excursions, the services of the mechanic or taxi and bus companies etc. These services represent a stand-alone contractual relationship between the customer and a third party, and customers need to assert any claims against the third party. GH-Sport Tours GmbH is only liable for its own conduct and for that of persons answering to it.

16. Sale of merchandise

Along with cycle tours, GH-Sport Tours GmbH also offers various items (cycling tops, socks, t-shirts etc.) for sale. These items are sold via the online store.

The online sale is made by selecting the corresponding item and placing it in the shopping cart. Once confirmed, with the terms & conditions acknowledged and personal details provided, the goods are purchased by clicking on the Order button. GH-Sport Tours GmbH retains title to the goods until the purchase price is received in its account. Exchanging the goods is possible within 14 days. Shipping costs are to be paid by the customer. Only original goods, i.e. undamaged and unworn/unused goods can be exchanged. The customer will be automatically sent payment confirmation with the goods order. In addition, the relevant provisions of the Austrian Consumer Protection Act apply.

17. Governing low

Only substantive Austrian law applies to any legal disputes resulting from this contractual relationship. The reference provisions of international private law and the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

18. Data protection

Please observe the declarations regarding data protection on our website www.hallercycling.pro.

19. Jurisdiction

Sole jurisdiction for all disputes resulting from this contractual relationship is with the objective court covering the registered office of GH-Sport Tours GmbH. Bilateral jurisdiction agreements between customers and GH-Sport Tours GmbH throughout the course of the contractual relationship are expressly excluded. Alternative dispute resolution with arbitration bodies (consumer arbitration, online dispute resolution platform) is expressly desired by both sides and will be sought as the primary option.

This post is also available in: German



GH-Sport Tours GmbH
Ossiachersee Str. 40, 9520 Sattendorf, Austria

info@hallercycling.pro
+43 4248 2320-80

This post is also available in: German