These General Terms and Conditions (hereinafter referred to as "GTC") apply to the services provided by Tripmakery GmbH (hereinafter referred to as "Tripmakery") to travel groups. Travel groups within the meaning of these GTC are both consumers and entrepreneurs within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG).
2.1. Tripmakery provides an online booking platform for group travel (www.tripmakery.com) through which accommodation contracts between travel groups and accommodation providers (e.g. hotels, motels, bed & breakfasts, etc.) are arranged, as well as payment processing services.
2.2. The travel group submits its travel requests via the online booking platform by filling in the information fields and providing contact details. The request is completed by clicking on the "Continue to offers" button.
2.3. Tripmakery forwards this request to the relevant accommodation providers, who then send a booking offer to Tripmakery if they have available capacity. The accommodation providers attach all contractual terms and conditions (in particular the payment and cancellation terms) and their general terms and conditions to the booking offer (hereinafter referred to as the "booking offer"). Each booking offer is forwarded to the travel group immediately.
2.4. By clicking on the "Complete reservation" button in this booking offer, the travel group reserves the rooms at the conditions specified in the accommodation provider's booking offer. Tripmakery forwards this reservation to the accommodation provider.
2.5. After the accommodation provider has confirmed the reservation, Tripmakery sends a booking confirmation to the travel group.
2.6. In some cases, accommodation providers also make "automatic booking offers" available for booking on the online booking platform. These "automatic booking offers" also contain all contractual terms and conditions (in particular the payment and cancellation terms) as well as the accommodation provider's general terms and conditions.
2.7. In the case of "automatic booking offers", the travel group books the "automatic booking offer" by clicking on the "Complete reservation" button. Tripmakery immediately sends a booking confirmation to the travel group.
2.8. The travel group is not required to pay commission for the brokerage of an accommodation contract with an accommodation provider.
2.9. Tripmakery is not liable for the success of the mediation.
3.1. By forwarding a booking offer to the travel group in accordance with section 2.3 of these GTC, Tripmakery submits an offer to the travel group to conclude a contract for the mediation of an accommodation contract with an accommodation provider at no cost to the travel group.
3.2. The agency agreement between the travel group and Tripmakery is concluded when the travel group reserves rooms at the conditions specified in the accommodation provider's booking offer in accordance with section 2.4 of these GTC.
3.3. In the case of "automatic booking offers", the agency contract between the travel group and Tripmakery is concluded by booking an offer from the accommodation provider made available on the online agency platform in accordance with section 2.7 of these GTC.
4.1. By making a reservation as described in section 2.4 of these GTC, the travel group submits an offer to conclude an accommodation contract. By confirming the reservation in accordance with section 2.5 of these GTC, the accommodation provider accepts the offer to conclude an accommodation contract. This concludes the accommodation contract.
4.2. The "automatic booking offers" of the accommodation provider described under point 2.6 of these GTC constitute offers to conclude an accommodation contract. The accommodation contract is concluded when the travel group accepts the offer of the accommodation provider made available on the online booking platform by clicking on the "Complete reservation" button in accordance with point 2.7 of these GTC.
4.3. The travel group acknowledges that the accommodation contract is binding upon receipt of the booking confirmation and that, unless the accommodation provider provides for a right of withdrawal, there is no longer any right of withdrawal.
4.4. The accommodation contract exists directly and exclusively between the travel group and the accommodation provider. The travel group and the accommodation provider undertake to agree directly with each other on any contractual provisions not regulated in the accommodation contract (e.g. the accommodation provider's general terms and conditions).
4.5. Tripmakery does not act as a tour operator via the online booking platform, but exclusively as an agent for the accommodation contract.
4.6. Any agreements between the travel group and the accommodation provider that deviate from this shall not affect these GTC.
5.1. In its function as an agent for the accommodation contract, Tripmakery handles certain payment procedures for the (advance) payment of the total price of the travel group to the accommodation provider. These include (depending on availability) bank transfers, credit card payments or other types of online payments made for and on behalf of the accommodation provider (as full payment). Tripmakery may engage a third party (hereinafter referred to as the "payment processor") to process the payment. The payment processing service is offered free of charge.
5.2. For each booking, the payment processor will collect the deposit or full payment of the total price of the booking, as announced by the accommodation provider, and process it in accordance with the accommodation provider's payment terms for the booking in question. As Tripmakery processes the payment of the travel group for the accommodation provider, the payment obligations of the travel group are fulfilled in accordance with the payment terms of the accommodation provider upon timely receipt of the payment by the payment processor. Insofar as the accommodation provider's payment terms provide for several down payments or partial payments, the travel group's payment obligation is fulfilled upon timely receipt of the respective down payment or partial payment by the payment processor. For the sake of good order, it should be noted that in the event of late payment, even if only one of several payments is late, the accommodation provider is entitled to withdraw from the accommodation contract in accordance with the accommodation provider's terms of payment or the respective statutory provisions.
5.3. The accommodation provider is only entitled to issue an invoice to the travel group for the total price of the booking (and shall send the travel group an invoice after the first request on its part), including or in addition to (as required by applicable law) all relevant taxes, fees and surcharges. No part of this contract shall be construed or implied to mean that Tripmakery acts as a principal or (re)seller.
6.1. As Tripmakery does not become a contractual partner in the respective accommodation contract, the accommodation provider is the sole contact person for the travel group with regard to the processing of the accommodation contract and any queries regarding the accommodation contract.
6.2. Withdrawal from the accommodation contract must be declared to the respective accommodation provider via Tripmakery's online booking platform. Due to the cancellation fees usually payable to the accommodation provider in the event of withdrawal from the accommodation contract, Tripmakery recommends taking out travel cancellation insurance. All changes to the accommodation contract with the accommodation provider must also be made via Tripmakery's online booking platform. The travel group shall indemnify and hold Tripmakery harmless for any damages of any kind resulting from a violation of this provision.
6.3. The travel group undertakes to assert all rights to which it is entitled under the accommodation contract concluded and any additional ancillary points contractually agreed with the accommodation provider (e.g. the accommodation provider's general terms and conditions) in accordance with point 4.4 of these GTC directly against the contractual partner (accommodation provider).
7.1. Tripmakery endeavours to ensure the accuracy of the information on the online booking platform and the information provided regarding suitable accommodation providers, and has compiled the content of the online booking platform and the respective booking offers with the greatest possible care. However, in view of the free (commission-free) provision of information, the wealth of data and the existing security risks on the Internet, it is impossible to completely avoid errors, legal violations or oversights. The booking offers forwarded to the travel group are based exclusively on the information provided by the accommodation providers. Tripmakery cannot verify the accuracy of this information nor guarantee that it is correct and complete. Tripmakery is therefore not liable for the accuracy, completeness or timeliness of this information from accommodation providers.
7.2. Tripmakery is not liable for the availability of accommodation at the time of booking.
7.3. If the travel group qualifies as a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) as amended, Tripmakery's liability for slight negligence is excluded.
7.4. If the travel group qualifies as an entrepreneur within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), Tripmakery's liability for slight and gross negligence is excluded. In this case, the travel group bears the burden of proof for the existence of fault.
7.5. In both cases (section 7.3 and section 7.4), consequential damages, immaterial damages or indirect damages as well as lost profits shall not be compensated.
8.1. For Tripmakery, the protection of the data provided by the travel group in the context of the accommodation contract has the highest priority.
8.2. Tripmakery only collects, processes and uses personal data that is necessary for the provision of Tripmakery's services and the use and operation of the online booking platform.
8.3. Further information on the handling of personal data can be found in Tripmakery's privacy policy, available at https://tripmakery.com/en-gb/privacy-policy.
9.1. The place of performance for all obligations arising from the agency agreement is Tripmakery's registered office in Vienna, Austria.
9.2. These GTC are subject to Austrian law, excluding its referral provisions and the UN Convention on Contracts for the International Sale of Goods.
9.3. The court with jurisdiction at Tripmakery's registered office shall have exclusive jurisdiction for all disputes arising from or in connection with these GTC.
9.4. Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the invalid provision in terms of its essential content. This shall apply mutatis mutandis in the event of loopholes in these GTC.