|

GENERAL TERMS
AND CONDITIONS
I.) GENERAL TERMS:
1. The following terms of business apply to all journeys Majestic
Imperator Train De Luxe Waggon Charter Ges.m.b.H [in short:
Majestic Imperator] organises and undertakes and to all other
services (organisation of events, etc.) offered in connection
with these journeys. Any deviations from these terms are only
legally valid and binding if they have been confirmed in writing
by Majestic Imperator's managing director. Terms which have
been sent to Majestic Imperator and differ from the company's
terms of business, or any oral agreements not confirmed in
writing, are not legally valid or binding.
2. All offers, contracts, confirmations, preparations, and
the necessary supervision to guarantee a perfect train, ride
as well as all the invoicing will be handled at Majestic Imperator's
head office in Vienna.
3. All offers, when accepted by a client, only become valid
after written confirmation by Majestic Imperator's managing
director.
4. As far as possible, Majestic Imperator uses historical
carriages for all journeys; given the extensive maintenance
required for such carriages, it may happen that one or the
other carriage is not available on request. Therefore Majestic
Imperator reserves the right - before or even during a journey
- for technical reasons to exchange these carriages for others,
which may be newer or offer a different design from the originally
selected one, without clients being able to set up a legal
claim. The same conditions apply to historical locomotives,
which for technical reasons may be exchanged for more modern
locomotives with a different type of engine (steam, electric,
diesel).
5. As far as services beyond the charter of carriages and
the organisation of journeys are concerned, Majestic Imperator
is entitled to use the services of third parties.
6. You may change the number of passengers until 20 days before
your departure without extra cost (minimum number of passengers
remains 20).
II.) TERMS OF PAYMENT:
1. All prices are quoted in EURO. Any information provided
in other currencies is only to help clients to get a better
understanding of our prices; such information is not legally
binding.
2. Clients are asked to settle their account in advance, according
to the following terms: 10% of the total amount upon written
acceptance of our offer an additional 20% of the total amount
to be received by Majestic Imperator 60 days prior to the
beginning of the journey the remainder (70%) of the total
amount to be received no later than a fortnight prior to the
beginning of the journey any possible additional charges to
be paid immediately after receipt of the final invoice.
3. Payments must be made in such a way that they are received
by the deadlines stated above.
4. If payment is not received in time, Majestic Imperator
is entitled to withdraw from the deal.
III.) CANCELLATION FEES:
1. In addition to all cases provided by law, the client is
entitled to withdraw from the deal at any time. The cancellation
has to be made in writing. In case of cancellation by the
client, Majestic Imperator is entitled to the following cancellation
fees: 10% of the total amount due if cancellation is received
more than 59 days prior to the beginning of the journey 30%
of the total amount due if cancellation is received between
59 and 14 days prior to the beginning of the journey. 100
% of the total amount due if cancellation is received less
than 14 days prior to the beginning of the journey. These
fees are due and payable one day after the cancellation by
the client has been received by Majestic Imperator.
2. If the total amount due is not received by Majestic Imperator
at least eight (8) working days prior to the beginning of
the journey, Majestic Imperator is entitled to withdraw from
the contract, allowing the client two more days to settle
the account, without prejudice to any other right or remedy
which Majestic Imperator may have.
IV.) WARRANTY AND INDEMNITY:
1. If the journey or part of the journey or any of the services
offered in connection with it have to be changed or cancelled
due to force majeure, the client is not entitled to any compensation.
Natural catastrophes, war, public unrest or rebellion, acts
of terrorism or threats thereof, a breakdown of public order,
technical or organisational difficulties, impassable tracks,
or other reasons which make the journey impossible, are to
be considered as force majeure.
2. We do not and cannot warrant for the compliance with time
tables presented to us, because all regular trains, including
regular freight trains, take precedence over our special trains.
Therefore we only warrant for transportation to a specific
destination, but not for the time of arrival. Therefore clients
are not entitled to any compensation or indemnity if we are
unable to stick to our original time table and to arrive at
our destination at a specific time.
3. Majestic Imperator is only liable for any kind of damage
to, loss of, or destruction of any personal property of our
passengers, if such damage is caused wilfully and knowingly
or due to negligence by us or any third party we are legally
responsible for.
4. Passengers are forbidden to behave in an offensive or any
other way which might endanger the life or property of any
other person. If a passenger disobeys this rule or any necessary
orders issued by Majestic Imperator's personnel on the train,
he or she is liable for any damage done to us or any third
parties affected. Moreover, we reserve the right to relegate
such passengers without any compensation at any train station
of our choice during a regular stop of our train.
5. Our clients are liable for the behaviour of their own guests
and business partners.
V.) PLACE OF PERFORMANCE, RELEVANT LAWS,
AND LEGAL VENUE:
1. All claims Majestic Imperator might have against its clients,
including claims for indemnity, have to be made in Vienna.
2. Austrian law applies in case of any dispute arising due
to or in connection with this contract.
3. All disputes arising due to or in connection with this
contract have to the settled at the respective court with
commercial jurisdiction in the 1. district of Vienna. §
14 KSchG is unaffected by this.
> Download
Terms of Trade and Business [.pdf]

|