Terms and Conditions

Terms of Use and Conditions of www.atav.at

Owner and Data Controller

GTS Ground Transfer Service GmbH
Patrizigasse 12/1-2, 1210 Vienna, Austria

Company registration number: FN 588382v
UID: ATU65791618

Owner contact email: contact@atav.at

Definitions / Interpretations

“Company”, “we”, “us”, “our” means GTS Ground Transfer Service GmbH.

“Customer” means the person who pays for the Booking.

“Passengers” means all passengers named and unnamed on the Booking.

“Lead passenger” means the first passenger named on the Booking.

“You” and “your” means any customer, including all passengers (or any of them as applicable) named on a Booking.

“The Transport Operator” means the professional transport service provider that will perform the transfer.

“Booking” means the booking for transfer services made with us.

“Transfer service” means any service provided by us for the carriage of passengers by road and includes any other service provided by us relating to or incidental to that carriage.

“Drop Off Location” means the location set out in the Booking to which the Passengers are to travel.

“Pick Up Location” means the location at which the Customer has agreed to meet the Vehicle and Driver.

“Pick Up Time” means the local time (using the local time applying at the Pick Up Location) at which the Customer has agreed to meet the Transport Operator.

“Journey” means the travel between the Pickup Location and the Drop-off Location as agreed in the Booking, which shall include any subsequent additional and / or amended travel agreed between the Passengers and the Transport Operator.

“Transfer Voucher”, “Booking Voucher”, “Voucher” means the written confirmation of the Booking we will send to you by email.

“Contract” means the Booking and these Terms, and any other terms and conditions stated to apply to the Booking.

“Terms” means these terms and conditions.

“Website”, “Websites” means www.atav.at or any other website owned or operated by us.

Contractual Relationship

We provide transport management services, for individuals and groups. We trade as “ATAV.at” and also as “ATAV.at”, of which we have sole ownership.

For trading purposes, we have the telephone number +43 660 265 62 82, and operate through the following websites: www.atav.at / www.atav.at with email address contact@atav.at. For the purpose of providing our service, we work with Transport Operators who deliver a professional Transfer Service for transporting people, or act as an agent with capacity to offer transport services.

These terms and conditions (the “Terms”), together with your Booking made in accordance with the Terms, constitutes a contract for the Transfer Service between You and the Transport Operator which is entered into by You and by us acting as agent for and on behalf of the Transport Operator. We are not responsible for, and shall have no liability in respect of, any acts or omissions of the Transport Operator including, without limitation, any failure or delay to supply the Transfer Service or otherwise affecting the Journey which is caused by the Transport Operator.

These Terms shall apply to all contracts for the provision of our Transfer Service to the exclusion of all other terms and conditions.

However You choose to book, it is important to understand how and when and with whom a contract is formed. The technical steps required for a contract to be formed are as follows. When we offer the Transfer Service on the Website, we are inviting You to make an offer to purchase the Transfer Service from the Transport Operator. You do not make this offer until You choose to do so by clicking 'Book Now' on our 'Payment Details' page.

We may change the Terms from time to time and You are advised to check the Website to consider any changes to the Terms which apply to you and / or any Passenger.

Without prejudice to the provisions of clause Law and Jurisdiction, your purchase of the Transfer Service and the provision of the Transfer Service is subject to the corresponding laws of the country and / or state in which the Journey takes place.

The Terms apply to any Booking that You make on or through the Website, so You should make sure that You are aware of their contents. The Terms contain important exclusions and limitations of liability.

Before requesting a service offered on our Website you should ensure that you have read and understood these Terms, as they will govern any subsequent Contract. By making a Booking, you confirm you have read these Terms and have the legal capacity to accept them on behalf of yourself and all the Passengers. If you do not understand any of the Contract conditions, we strongly recommend that you contact Customer Service before proceeding with any booking. If you do not wish to be bound by these Terms, regrettably you may not make a booking with us.

If You have any questions, please feel free to contact us. Please note that any contract referred to in the Terms will be with You and all correspondence will be sent to the address given by You during the booking process, even where a third party actually pays for the Transfer Service. For the avoidance of doubt, nothing contained in the Terms shall entitle any third party other than the Transport Operator to any benefit or rights pursuant to the Contracts (Rights of Third Parties) Act 1999.

Online Booking Procedure

The person making the Booking must be at least 18 years of age and has the responsibility to follow the online booking process, ensure all the details provided are correct and complete.

The contract becomes legally binding only when you have received your transfer voucher by email. In the event of the Transport Operator being unable to provide the requested services, you will be informed and reimbursed the full amount (if applicable) by the same method as the payment was made, leaving us with no further liability to you.

You are required to acknowledge all notifications we make to you. However, in the event that you fail to acknowledge receipt of an email, the records that exist on our email server shall be considered as proof of reception.

The act of us sending you the confirmation of charges and payments made by you shall not be considered as binding you to any contract.

Minors are strictly prohibited from seeking any service from us, and their parents, legal guardians or other persons responsible for them should contact us immediately should a minor make a Booking with the Company for the provision of a service in order to enable us to cancel the registration forthwith. Minors are not allowed to travel with us without an adult passenger in their company.

Price and Payment

Except where You and / or any Passenger agree to changes to the Journey with the Transport Service Provider and / or the Transport Operator, all tolls, congestion charges, taxes and gratuity charges are included in the price quoted on the Website and shown on the Booking. Any additional tolls, congestion charges, taxes and gratuity charges arising out of changes to the Journey must be paid by You or the Passenger, as appropriate.

You and / or the Passengers may be charged if changes are made to your Journey once the Passengers have been picked up by the Transport Operator. Such additional charge will be agreed locally with the Transport Operator and paid to the Transport Operator at the Pickup Time (by such means as we or the Transport Operator shall indicate). The Transport Operator reserves the right to decline any unreasonable requests to amend the Journey and neither we nor the Transport Operator shall have any liability to You if You make changes to the Journey that are not acceptable to the Transport Operator.

We will pre-authorise – if applicable – (put a temporary hold on the full amount chargeable for your Booking, but no funds will be debited from your account at that time) when we receive your Booking.

We will take payment in full once we have confirmed your Booking with the Transport Operator or arrive at the Drop Off Location.

We accept all widely used payment methods including cash, credit card (American Express, MasterCard/Diners International, Visa), debit card (American Express, MasterCard/Diners International, Visa, Visa/Delta, Visa/Electron), bank transfer and PayPal. The use of PayPal is only possible for bookings exceeding a certain amount and the customer will be charged an admin fee.

Prices are charged in Euros and any currency conversion facility is provided as an approximation tool only.

Changes

The Transfer Voucher includes your requested Pick Up Location and your Drop Off Location. Any changes to these or any other details must be made via the methods provided in the Transfer Voucher or sent in writing by email to customer-support@atav.at, phone, chat (WhatsApp or Facebook Messenger) or requested through the “Contact Page” section of the Website prior to the date of travel and will not take effect until checked with the Transport Operator and confirmed to you by email.

You are liable for any increased service cost resulting from requested change. The first change will be made free of charge, additional changes may incur a 15 € administration fee.

Once the contract becomes legally binding, the Customer is requested to notify us in writing by email to customer-support@atav.at, phone, chat (WhatsApp or Facebook Messenger) or through the “Contact Page” of any errors therein not less than 48 hours prior to the corresponding Transfer Service. Notification made within 48 hours of the corresponding Transfer Service affords us the right to terminate the Contract without penalty or charge.

Cancellations by You

Any cancellation of Contract must be made via the cancellation method provided in the Transfer Voucher, in writing by email addressed to customer-support@atav.at, by phone or chat (WhatsApp or Facebook Messenger) or requested through the “Contact Page” section of the Website. You may cancel booked Transfer Services separately or cancel the whole Booking.

If we receive your cancellation request more than 48 hours before the scheduled Pick Up Time of the Transfer Service you wish to cancel, the amount paid – if applicable – for this transfer will be refunded in full. No money will be refunded for cancellations received less than 48 hours from the scheduled Pick Up Time of the Transfer Service you wish to cancel. In these instances we will email you a cancellation note which may be used to claim the expense back against your tour operator, airline, or travel insurance provider.

Last Minute Bookings

Depending on the routes and the season, our deadline varies from 0 to 48 hours, and more in exceptional cases, before a Transfer Service commences. If prompted by the Website, please contact us 24/7 so that we can check whether we have a suitable vehicle available for your transfer request. Please note that our cancellation policies will apply regardless of booking date and time.

Changes and Cancellations by Us

If the Transport Operator needs to make a significant change to the conditions of the Transfer Service, or needs to cancel the Transfer Service, we will inform you as soon as possible.

We will use reasonable effort to honor your vehicle preference, however the vehicle may be substituted with a vehicle of greater capacity or multiple vehicles depending on availability. If we need to change your booking to a lower category or smaller vehicle for which a lower rate is available, we will refund you the difference in the rates.

In rare instances we may need to cancel your Booking. In such circumstances you will be refunded in full but we shall have no further liability to you arising out of such cancellation. We will, however, use all reasonable efforts to try and find suitable alternatives for any confirmed Booking subsequently cancelled by us.

Child Seats

Both local and national laws regarding the use of child seats for infants and children vary from country to country. However, all transfer operators will comply with the latest legislation. If you are booking a private transfer, we do recommend the use of booster or child seats for those under the age of 12, or up to 135 cm / 53 inch, for safety purposes. During the booking process in most destinations you are given the chance to reserve child or baby seats.

The lead passenger must check, under his/her solely responsibility, that such child restraint devices are suitable for the vehicle and are properly used and installed in it. We assume no liability resulting from any failure to use, install, or check the restraint device, or resulting from its incorrect use.

If you wish to bring your own child or booster seat, and are taking a private transfer, we must be advised of this information before you travel. This is to ensure that the vehicle provided by the Transport Operator can accommodate the seat.

We will endeavor to ensure that child seats are provided by our Transport Operators where they have been booked. There may be instances when such seats are unable to be provided. In such cases, you will be entitled to a full refund for seats booked and not supplied. If no child seat is available, children of three years of age and over may travel as long as they wear an adult seat belt. Children under three years of age may be transported without a safety restraint as long as they travel in the rear of the vehicle.

Child Pricing

All children and infants count towards the occupancy of the vehicle, regardless of age, and thus should be included in the total number of passengers at the time of booking.

Wheelchairs and Bookings for Disabled Passengers

Transfer Services for disabled passengers must be requested by contacting us. We will try our best to meet your requirements, although we are not specialists in transfers for disabled passengers. Disabled passengers using our services must be able to board the vehicle independently or with the assistance of those in their party. We only take foldable wheelchairs. We regret that we cannot currently guarantee the type of vehicle that will be used for your transfer.

Travel Insurance

We strongly recommend that you contract travel insurance which is adequate for your needs. Please read all the contract details and print the documentation so that you can take it with you when you travel. Comprehensive travel insurance will cover you for many eventualities that are beyond our control.

Our Liability

If we fail to comply with these Terms, we shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence and only up to the value of the fare paid by you. We will not be held responsible for any loss or damage that is not foreseeable nor that is consequential. We are not liable for breaches that are not directly attributable to us, or those produced by accident, force majeure, or due to legal or administrative requirements.

We cannot be held liable for incidents that may occur during the provision of the service, more specifically illnesses, personal injuries or death, unless caused by our negligence.

This means that, subject to these Terms, we may accept responsibility if, for example, you suffer death or personal injury or your Transfer Service is not provided as promised or proves deficient as a result of the failure of ourselves, our employees, or Transfer Operators to use reasonable skill and care in making, performing or providing, as applicable, your contracted transport service. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.

In addition, we will only be responsible for what our employees and Transfer Operators do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for Transfer Operators).

Nothing in these Terms and conditions excludes or limits:
a. our liability to you for any death or personal injury resulting from our negligence
b. any of your other statutory rights as a consumer that cannot be excluded or limited.

We are absolved of all liability whatsoever where the customer makes a contract for another service directly with the Transport Operator.

We cannot guarantee the accuracy or reliability of the content of this website. This includes such eventualities as viruses. However every endeavor will be made by us to rectify in the shortest possible period any errors to which our attention has been drawn. Should such errors result in Bookings being made against faulty pricing and promotional information, we reserve the right to terminate the contract without offering compensation to the customer.

Force Majeure

We accept no liability and will not pay any compensation where the performance of our obligations or the Transport Operator’s obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond our reasonable control including, but not limited to, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, accidents suffered by third parties on the transfer route, police checkpoints, unusual traffic levels, or industrial action.

Contact

All contact related to the amendment of booking information must be requested by email or through the “Contact Page” section of our Website.

In the event of unavoidable alterations to the contract, we will inform you by emailing the address provided by you at the moment of booking, the act of sending this email being considered as proof of receipt by you. The same system applies to all other advisory emails which we may send to you. It is therefore essential that you check that the email address provided by you is correct and that you read any incoming emails up to the time of your Transfer Service.

In case your arrival transportation is delayed or diverted to a different airport, station or port, the Transport Operator will reschedule the Transfer Service and you will be picked up at the new arrival time subject to availability. In the case that there is no availability, you will be refunded in full – if applicable. We apply IATA’s definition of flight delays for the purposes of these Terms.

If for any other reason you fail to be at the pickup point within a reasonable time after the scheduled collection time specified on your Voucher, the Transport Operator will try to contact you on the mobile telephone number you have provided.

If it is not possible to speak to you because you have not provided an operational mobile telephone number at the time of booking, you have no or poor connection, no signal, activated voicemail or the call is unanswered, the service will not be provided, the Transport Operator is immediately relieved of their obligations and a refund will not be due.

Transportation Services

We offer a range of services to which the Transport Operators have given their accord. These are private Transfer Services or shuttle Transfer Services.

The route to or from the destination chosen cannot be guaranteed and the Google drawn route map displayed on our website – if applicable – is for informational purposes only. Whilst reasonable effort is made to ensure that pickup times are respected, they are not guaranteed.

In the event that you are unable to locate the driver of your private transfer or the representative of the shuttle Transport Operator, it is your responsibility to contact us on the 24/7 telephone numbers printed on your Transfer Voucher. If you fail to call these numbers and make alternative travel arrangements, we will be unable to provide the service, the Transport Operator will be relieved of their obligations and a refund will not be due – if applicable. If your private transfer driver or the representative of the shuttle Transport Operator cannot locate you, a member of our Customer Service team will call the mobile phone number provided in the booking. Please ensure that you travel with this mobile phone and that it is switched on while you are waiting for your luggage or clearing customs. If we cannot locate you or reach you on the number provided, we will be unable to provide the service and a refund will not be due – if applicable. For non-airport collections, we must receive your telephone call within 10 minutes of your scheduled pickup time. An electronic record of all calls received to the 24/7 numbers is kept by a third party telecoms provider, and shall be used as proof in the event of a dispute as to whether the numbers were called or not. Unused transfers are not refundable and alternative transport costs will not be reimbursed unless pre-authorized by a member of our team. If authorized to take alternative transport, please ensure that you obtain a receipt and submit it to us for review. No payment will be due for travel expense claims submitted without valid receipts.

You are responsible for checking the agreed pickup time and for ensuring that you arrive at the airport, station or port with enough time to check in or make any other preparations for your journey.

The Transport Operator will pick you up and set you down as close as possible to the given addresses. In the event that access via a conventional route is closed due to weather conditions, road accidents etc., the Transport Operator will, at your express request, use a longer route to reach the agreed destination, but in such instances you may be liable for any additional costs.

All contracted transfer services fall within the scope of the public liability cover of the Transport Operator’s insurance policy or that of their sub-contractor.

Whilst we endeavor to provide SMS confirmation messages when requested, this service is dependent upon telephone networks that are beyond our control. If a text message is lost or delayed the Customer shall refer to information provided by email or in the My Booking section of our Website.

Baggage Allowance / Capacity

Transport of luggage and other belongings is undertaken solely at your risk and under no circumstances can we be held responsible for any loss or damage. Such risk of loss or damage should be the object of private insurance taken out by you prior to departure.

Your Responsibility

By entering into this Contract you implicitly declare that: You are of legal age and in full use of your mental faculties thus enabling you to comply with all your legal responsibilities concerning this agreement. You are aware of the extent of the services which are the object of this contract, of the aforementioned information concerning us, of the content of these Terms and conditions. The credit or debit cards that you use belong to you and that there are sufficient funds to cover the cost of the service. You understand that you must notify us as soon as is reasonably possible of any alteration to the details that you have provided.

The services to be supplied are in accordance with the details specified in the Transfer Voucher sent by email. It is your responsibility to provide at the time of reservation full and accurate addresses for the Pick Up Location and Drop Off Location. It is therefore your responsibility to print out and check the Transfer Voucher for accuracy. If the details of the Transfer Voucher are incorrect you must contact us immediately to rectify these. Particular care should be taken when completing the reservation to ensure that all compulsory fields as indicated by an asterisk (*) have been filled in accurately. We are not liable for any reservations made which are impossible to carry out and you will not be reimbursed for such reservations.

You are solely responsible for carrying all documentation necessary for frontier crossing. We hereby refute all liability and refuse to incur any supplementary expenses caused by failure to carry these documents or by failure to observe customs, police, tax authorities or administrative rules of those countries where entry is required. The Transfer Voucher is not a valid documentation to obtain entry visas.

In the event of us having to pay a deposit or fine to the Authorities of other countries as a result of your failure to observe the laws, regulations, etc. or other travel requirements of those countries which you intend to enter, leave or pass through, you will be held solely responsible for reimbursing us, and we reserve the right to hold any of the monies already paid to us until you can provide proof of reimbursement of such fines, charges etc.

We reserve the right and you hereby authorize us to charge you for any damage incurred to the transfer vehicle (including without limitation specialist cleaning) or for any items that are missing when you leave.

We reserve the option not to accept future Bookings in the event of serious or repeated incidents involving any Customer.

Right of Admittance / User Conduct

In entering into this contract you tacitly accord to us and the Transport Operator the right to refuse to transport any passenger who, at the driver’s discretion, may be under the influence of alcohol or drugs and those whose behavior may be considered dangerous to the driver of the vehicle, to other passengers or to themselves.

No alcoholic drinks may be carried in the Transport Operator’s vehicles for the purpose of on-board consumption. This prohibition extends to narcotics.

Smoking is forbidden inside vehicles or the immediate vicinity.

Eating inside the vehicle is not allowed.

Complaints

If any Passenger is not satisfied with the Booking or the Journey in any way or You wish to make a complaint, You should report this to the ATAV Customer Support Team and, if possible, at the moment the problem occurs. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint.

Complaints received after the transfer service has been completed and which were not brought to our attention at the time of the transfer may not be upheld as we were not given an opportunity to intervene or otherwise provide assistance.

Written complaints should be received no later than 28 days after your return date and sent by email to customer-support@atav.at or contact form.

In the event that you wish to report an issue about our online booking process or our Customer Service Centre, please address your complaint to customer-support@atav.at.

Languages

Our Websites are available in multiple languages, and efforts will be made to include other languages in future. Our Customer Service desk and email assistance in English and German is available at all times, but we will try to offer you assistance in the language you used to make your booking whenever possible.

Whilst we pay great attention to the quality of the translation of our Websites and Terms, in the event of any discrepancy the English version shall prevail.

Intellectual Property Rights

Copyrights, trademarks and other intellectual property rights of the websites are the property of the Company and are protected by national and international regulations governing intellectual property.

Use of our website content by third parties for any purpose other than booking transfers is prohibited, including the modification, subsequent publication and total or partial reproduction or representation of the same without our express consent.

Any unlawful use of our Website for any purpose whatsoever is strictly prohibited under all circumstances.

Law and Jurisdiction

All legal relationships between the Company and the User are subject to the laws of the Republic of Austria.

Settlement of any disputes that may arise between you and us will be subject to Austrian jurisdiction in the courts of Vienna.

The invalidity or unenforceability of any provisions of this Terms shall not affect the validity or enforceability of any other provision of this Terms, which shall remain in full force and effect.

Severability

If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.

Please also consider reading our Privacy Policy.

Latest update: 12 August 2019.

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