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TERMS & CONDITIONS
(AGB)

These Terms and Conditions (“Terms”) govern all bookings, purchases, and contractual relationships entered into with Vital Ingredients & Adventures GmbH, a company registered in Austria under company number FN 603592 k at the Handelsgericht Wien, with its registered office at Wiedner Hauptstraße 142/1/5, 1050 Vienna, Austria, and VAT number ATU79484229. We operate under the brand name The One Adventure (hereinafter referred to as “the Company”, “we”, “us”, or “our”).

These Terms apply to the customer (hereinafter referred to as “you”, “traveler”, or “participant”). By accessing our website, making a booking, or participating in any Services provided by the Company, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms.

1. DEFINITIONS

1.1. In these Terms, “Booking” refers to any official reservation of a tour, expedition, or related service made by you and accepted by us. 1.2. “Tour” signifies any travel experience, itinerary, trip, or activity organized, facilitated, or sold by the Company. 1.3. “Departure Date” means the scheduled calendar date on which the Tour is set to commence. 1.4. “Services” encompasses all products, tours, accommodations, and services offered by the Company. 1.5. “Force Majeure” means any event, circumstance, or occurrence beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, global or regional pandemics, strikes, labor disputes, or government restrictions and travel bans.

2. CONTRACT FORMATION

2.1. The publication of Tours, itineraries, and prices on our website or in promotional materials constitutes a non-binding invitation for you to make a booking, rather than a legally binding offer from the Company. 2.2. By submitting a booking request and providing your details, you make a binding contractual offer to the Company to purchase the requested Services. 2.3. A legally binding contract between you and the Company is only formally concluded when two specific conditions are met: firstly, we must confirm your Booking in writing (typically via an email confirmation); and secondly, the required deposit must be received in full cleared funds. We reserve the absolute right to reject any Booking request without providing reasons. 2.4. In the event that a single individual makes a Booking on behalf of multiple participants, that lead booking person explicitly represents and warrants that they have the authority to act on behalf of all participants. Furthermore, the lead booking person confirms that all participants in the group have been made aware of, and are fully bound by, these Terms.

3. SCOPE OF SERVICES

3.1. The precise scope of the Services you are purchasing is defined exclusively by the contents of your official Booking confirmation and the final itinerary provided to you by the Company prior to departure. 3.2. All marketing materials, website imagery, and promotional descriptions are intended to provide a general impression of the Tour and remain non-binding. They do not form part of the official contract. 3.3. The Company expressly reserves the right to modify routes, alter itineraries, replace listed accommodations with those of a similar standard, or adjust schedules where such changes are deemed strictly necessary. These changes may be implemented due to paramount safety concerns, adverse weather conditions, or unavoidable operational requirements.

4. PRICING

4.1. All prices published by the Company are stated in Euros (EUR) unless otherwise explicitly indicated. 4.2. The base price of your Tour encompasses only the items specifically listed in your final itinerary. Unless explicitly stated otherwise, the price strictly excludes international or domestic flights, comprehensive travel insurance, personal expenses (such as souvenirs and alcoholic beverages), and any optional activities or excursions booked independently. 4.3. Following the confirmation of your Booking, the Company will only implement price adjustments in the rare event that such adjustments are explicitly permitted by, and executed in accordance with, applicable statutory law.

5. PAYMENT TERMS

5.1. A deposit amounting to 20% of the total Tour price is due immediately at the time of booking. This deposit secures your place on the Tour and covers the initial administrative and non-recoverable costs incurred by the Company. This deposit is strictly non-refundable, except as outlined in Section 8 of these Terms. 5.2. The remaining balance of the total Tour price must be paid in full to the Company no later than 21 days prior to your scheduled Departure Date. 5.3. Should you fail to remit the remaining balance by the stipulated deadline, the Company reserves the right to treat the Booking as canceled by you. In such an event, the Company will apply the relevant cancellation fees as detailed in Section 7, and your deposit will be forfeit. 5.4. If you choose to cancel your Booking after the 21-day balance due date has passed, you acknowledge and agree that the full remaining Tour price remains legally payable to the Company.

6. STATUTORY RIGHT OF WITHDRAWAL

6.1. Pursuant to Austrian Consumer Protection Law, specifically § 18 Abs. 1 Z 10 of the Fern- und Auswärtsgeschäfte-Gesetz (FAGG), the provision of accommodation (other than for residential purposes), transport of goods, car rental services, catering, or services related to leisure activities are exempt from the standard statutory right of withdrawal if the contract provides for a specific date or period of performance. 6.2. Therefore, you are hereby notified that there is no right of withdrawal for any Tour or leisure Services booked with the Company. All Bookings are final and are exclusively subject to the cancellation policies set forth in Section 7.

7. CUSTOMER CANCELLATION POLICY

7.1. If you wish to cancel your Booking, you must notify the Company in writing via email at info@theoneadventure.com. The cancellation will only be deemed effective on the date the Company receives this written notification.

7.2. Depending on the date your written cancellation is received relative to the Departure Date, the following tiered cancellation fees shall definitively apply:

  • From the date of booking up to 90 days before departure: The Company will retain the full deposit (20% of the total Tour price).
  • Between 89 and 46 days before departure: The cancellation fee will be 50% of the total Tour price or the value of your deposit, whichever amount is higher.
  • Between 45 and 30 days before departure: The cancellation fee will be 75% of the total Tour price.
  • 29 days or fewer before departure: A cancellation fee of 100% of the total Tour price will apply, and no refund will be issued.

7.3. Under no circumstances will refunds or partial credits be provided for no-shows, late arrivals to the designated Tour starting point, or premature departures from the Tour, regardless of the underlying reason.

8. CANCELLATION BY THE COMPANY

8.1. The Company reserves the right to cancel or significantly modify a Tour prior to departure due to paramount safety concerns, severe and prohibitive weather conditions, Force Majeure events, failure to meet the minimum required number of participants to operate the Tour, or other unavoidable operational reasons. 8.2. If the Company cancels your Tour for a justified reason (such as a Force Majeure event, clear safety risks, or insufficient participant numbers), no additional financial compensation or damages will be owed to you beyond the remedies provided herein. If the cancellation by the Company is deemed unjustified under applicable law, you will be entitled to a full refund of all monies paid to the Company. 8.3. Any further legal or financial claims against the Company arising from a cancellation are strictly excluded to the fullest extent permitted by applicable law.

9. FORCE MAJEURE

9.1. The Company shall not be held liable or responsible for any failure to perform, delay in performance, or breach of these Terms if such failure is caused directly or indirectly by a Force Majeure event. 9.2. In the event that a Tour is severely disrupted or canceled due to Force Majeure, the Company owes no financial compensation. However, the Company may, at its sole discretion, offer you alternative travel arrangements, postponed dates, or future travel credits where feasible.

10. CUSTOMER OBLIGATIONS & CONDUCT

10.1. By participating in a Tour, you agree to follow all instructions, safety briefings, and guidelines provided by the Company’s guides, representatives, and local partners. 10.2. You are obligated to respect the local laws, customs, traditions, and regulations of the destination countries. You must conduct yourself in a manner that does not endanger, harass, distress, or disrupt the enjoyment of other participants or local residents. 10.3. You accept sole personal responsibility for obtaining and carrying all necessary travel documents, including valid passports, required visas, and vaccination certificates. The Company accepts no liability if you are denied entry to a country due to missing documentation.

11. HEALTH AND FITNESS TO TRAVEL

11.1. Adventure travel requires a certain level of physical and mental fitness. By making a Booking, you formally confirm that you are medically fit to participate in the specific activities outlined in your Tour itinerary. 11.2. You are strictly required to proactively disclose any relevant pre-existing medical conditions, allergies, or physical limitations to the Company at the time of booking. 11.3. The Company, including its on-the-ground guides, reserves the right to exclude you from specific daily activities or to terminate your participation in the entire Tour if your health or fitness level is deemed to pose a direct safety risk to yourself or the group. In such instances, no refund or compensation will be provided.

12. ASSUMPTION OF INHERENT RISK

12.1. You acknowledge that adventure travel, by its very nature, involves inherent and unavoidable risks that exceed those of standard leisure travel. These risks include, but are not limited to, the potential for personal injury, illness, psychological trauma, or death, often occurring in remote areas with limited access to immediate medical facilities. 12.2. By booking a Tour with the Company, you explicitly acknowledge and understand these inherent risks and voluntarily accept full personal responsibility for your decision to participate in the Services.

13. THIRD-PARTY PROVIDERS

13.1. Certain components of the Services during your Tour may be fulfilled by independent third-party contractors, including but not limited to local transportation companies, specialist activity providers, and accommodation hosts. 13.2. The Company accepts no liability for the acts, omissions, defaults, or negligence of these independent third-party providers. Furthermore, the Company is entirely exempt from liability regarding any optional activities or excursions that you choose to book directly with third parties outside of the official Tour itinerary.

14. LIMITATION OF LIABILITY

14.1. The Company’s liability to you is governed exclusively by the laws of Austria. 14.2. To the maximum extent permitted by applicable law, the Company entirely excludes liability for slight negligence. Furthermore, the Company shall not be liable for any indirect damages, consequential losses, incidental damages, or loss of profits arising out of or in connection with your Tour. 14.3. Any overarching liability of the Company, regardless of the legal grounds, is strictly limited to a maximum amount equal to the total price you paid for the Tour. 14.4. The limitations set forth in this section do not apply to claims arising from personal injury or death caused by the Company, damages resulting from gross negligence or intentional misconduct by the Company, or in cases where mandatory statutory liability cannot be contractually excluded.

15. WARRANTY (GEWÄHRLEISTUNG)

15.1. The Austrian statutory warranty provisions, specifically §§ 922 ff of the General Civil Code (ABGB), apply to your Booking. 15.2. In the event of defective performance of the contracted Services, you possess the statutory right to request an improvement or rectification of the defect. If such improvement is impossible, unreasonable, or disproportionate, you may be entitled to request a subsequent price reduction or, in instances of severe contractual breaches, the rescission of the contract. 15.3. To exercise these rights, you are legally obligated to report any defects or issues immediately to your tour guide or a direct representative of the Company on the ground, allowing us a reasonable opportunity to rectify the situation in real-time.

16. TRAVEL INSURANCE

16.1. The Company strongly mandates that all travelers purchase comprehensive travel insurance immediately upon booking. 16.2. At a minimum, your insurance policy must provide adequate coverage for trip cancellation, emergency medical and health expenses, medical evacuation, and personal accident insurance. You are solely responsible for ensuring your policy covers the specific adventure activities listed in your itinerary.

17. TERMINATION FOR MISCONDUCT

17.1. The Company reserves the absolute right to immediately terminate your participation in a Tour, without prior warning, if you engage in severe misconduct, pose a safety risk to yourself or others, violate local laws, or repeatedly fail to adhere to the guide's instructions. 17.2. In the event of termination under this clause, no refund will be issued for any unused portion of the Tour, and the Company will bear no responsibility for your onward travel arrangements or any resulting additional costs.

18. COMPLAINTS PROCEDURE

18.1. Any complaints regarding the Services must be reported immediately during the Tour to your assigned guide or the Company’s local representative to allow for prompt investigation and resolution. 18.2. Failure to report issues on the ground in a timely manner impedes the Company’s ability to resolve the problem and may severely limit or completely void your legal right to claim compensation at a later date.

19. DATA PROTECTION AND PRIVACY

19.1. The Company takes your privacy seriously. All personal data collected from you during the inquiry, booking, and operational process is stored and processed strictly in accordance with our formal Privacy Policy, which is available on our website.

20. ONLINE DISPUTE RESOLUTION

20.1. For consumers residing within the European Union, the European Commission provides a platform for online dispute resolution (ODR). This platform serves as a focal point for the extra-judicial resolution of disputes concerning contractual obligations stemming from online sales and service contracts. The platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.

21. GOVERNING LAW AND JURISDICTION

21.1. These Terms, and all contractual and non-contractual relationships between you and the Company, are governed exclusively by the laws of the Republic of Austria, excluding its conflict of law rules. 21.2. For Corporate/Business Clients: The exclusive place of jurisdiction for any disputes arising from or in connection with these Terms shall be the competent courts of Vienna, Austria. 21.3. For Consumers: The mandatory consumer protection rules and the jurisdictional rights of the consumer's primary country of residence shall legally apply and supersede the above where legally required.

22. SEVERABILITY

22.1. If any individual clause, sub-clause, or provision of these Terms is deemed by a competent court to be invalid, illegal, or unenforceable, such invalidity shall not affect the validity, legality, or enforceability of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely approximates the original economic and legal intent of the parties.

23. ENTIRE AGREEMENT

23.1. These Terms and Conditions, together with your official Booking confirmation, the final itinerary, our Privacy Policy, and any separate Refund Policy, constitute the entire legally binding agreement between you and Vital Ingredients & Adventures GmbH regarding your Tour. They supersede any prior agreements, written or oral representations, or understandings.

24. MODIFICATION OF TERMS

24.1. The Company reserves the right to update, amend, or modify these Terms at any time without prior individual notice. The updated Terms will be effective immediately upon being published on our official website. The Terms in effect at the exact time you made your Booking will govern your specific contract.