These Terms and Conditions apply to all contracts concluded by a consumer or merchant (hereinafter referred to as the "customer") with the seller with regard to the goods and/or services presented by the seller in his online shop. The inclusion of own conditions of the customer is hereby contradicted, unless it is agreed otherwise. Deviating conditions of the customer do not apply, unless we have agreed to their validity in writing.
Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor can be attributed to their self-employment. Merchant within the meaning of these terms and conditions is a natural person, legal entity or public special fund that acts in the execution of a legal transaction in the exercise of their commercial activity or self-employment.
2. Contracting party
When you make a purchase on volietravel.com or volietravel.de you conclude a contract with:
Lambrechtgasse 10/26, 1040 Vienna
Tel.: +43 677 61763571
- hereinafter referred to as ‘seller’ or ‘we’.
3. Offer and Contract
The product descriptions presented in the online shop do not constitute binding offers by the seller but allow the customer to make a binding offer.
The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods and/or services into the virtual shopping cart and has gone through the electronic ordering process, he submits a legally binding offer with regards to the goods and/or services contained in the shopping cart by clicking on the button concluding the ordering process.
The seller can accept the offer of the customer within five days by submitting a written order confirmation to the customer or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or by asking the customer to pay after submitting his order.
If several of the mentioned alternatives are available, the contract is concluded at the time when the first of the mentioned alternatives occurs. Delivery times always apply from the time of the conclusion of the contract.
If the seller does not accept the offer of the customer within the mentioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
If the customer chooses the payment method "SOFORT” or "Paypal Express" in the online ordering process, he also issues a payment order to his payment service provider by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time when the customer finalizes the payment process by clicking the button “Complete Order”.
The deadline for the acceptance of offer begins on the day the order is placed by the customer and ends with the expiry of the fifth day, which follows the dispatch of the offer.
When submitting an offer via the online order form on the website, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (e.g. e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be accessed by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
Before the order is placed via the seller's online order form, the customer can correct his entries continuously using the usual operating functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
For the conclusion of the contract, the English and German language are available.
We confirm the receipt of your offer by an automatically generated e-mail to the address you have given us ("order confirmation"). This e-mail does not represent acceptance of your offer. Please check the order details in the order confirmation. If you find a mistake or change your mind about the order, please let us know as soon as possible.
The order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address he specified is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
4. Terms of delivery and delivery times
Our offers are open to all customers with a place of residence or place of business in a member state of the European Union.
Find more detailed information on the delivery conditions and deadlines on the page Delivery and Payment. The listed delivery times apply.
We are entitled to execute the order in partial deliveries without the customer's explicit request. In this case we carry all resulting additional delivery costs.
If we are prevented from adhering to the delivery deadlines by force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible, we will inform you as soon as possible. The delivery period is extended by the duration of these events.
5. Prices, delivery and payment terms
The prices listed in our online shop are in EUR and include all taxes, but not the delivery costs. The delivery costs can be found on the page Delivery and Payment. The amounts stated at the time of order apply. We will inform you again about the prices, taxes and delivery costs in the order summary before completing the order.
The payment methods accepted in our online shop are listed under Delivery and Payment. There you will find all the details regarding payment terms and fees.
Unless we agree otherwise with you, the invoice amount is due for payment immediately. In case of default, we are entitled to assert statutory default interest.
6. Retention of title
All goods delivered by us remain the property of the seller until the full payment is made by the customer.
7. Right of withdrawal
Consumers with place of residence within the EU are entitled to a right of withdrawal. Merchants, legal persons of public law or public special funds are not entitled to this right of withdrawal. Find more information about the right of withdrawal on the page Return Policy.
8. Transfer of risk
The goods are delivered by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. By way of derogation, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment at PayPal shall prevail.
If the transport service provider sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful delivery. This does not apply if the customer exercises his right of withdrawal effectively or if he is not responsible for the circumstance which led to the impossibility of delivery.
If the customer acts as a merchant, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment.
If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive.
By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold to consumers also passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment, if the customer has instructed the freight forwarder, the carrier or the person otherwise intended to carry out the shipment to carry out the work and the seller has not designated the person or business to the customer in advance.
9. Warranty and liability
The warranty is governed by the statutory rules.
We are exclusively liable for damages that we or our vicarious agents have inflicted on you intentionally or through gross negligence. This does not apply to the liability of damage to the person.
Additionally, the following applies for merchants:
- An insignificant defect generally does not justify any warranty claims
- The type of defect removal is chosen by the seller
- The statute of limitations does not start again if a replacement delivery takes place within the scope of the warranty
If the customer acts as an merchant within the meaning of the UGB, he meets the duty to inspection and objection according to § 377 UGB. If the customer fails to comply with the disclosure obligation regulated there, the goods are deemed approved.
10. Final provisions
Place of fulfillment is the registered office of our company.
All legal relationships shall be governed by the law of the Austrian Republic to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the country of residence of the consumer.
If the customer is a merchant, the exclusive place of jurisdiction is the location of the place of business of the seller.
For both the merchants actions against the consumer residing in the EU and actions brought by the consumer residing or staying in the EU against the merchant, the place of jurisdiction is the domicile of the consumer, unless the customer has his habitual residence in Austria, he may only be sued at his place of residence, but the merchant can be sued by the consumer at any legal place of jurisdiction.
11. Online dispute resolution
Consumers have the option of complaining to the EU's online dispute resolution platform: http://ec.europa.eu/odr. You can also address any complaints to the above mentioned e-mail address.