AGB

Terms of Service / Terms and Conditions

Effective date: 16 April 2026
Company: CapitalCityDiscoveries GmbH
Registered office: Breite Gasse 27, 2540 Bad Vöslau, Austria
Company registration number: 654535b
VAT number: ATU82588736
Email: info@capitalcitydiscoveries.com
Website: www.capitalcitydiscoveries.com

1. About Us

These Terms of Service (“Terms”) govern the booking and provision of tours, excursions, transfers, and related services by CapitalCityDiscoveries GmbH (“Company”, “we”, “us”, “our”) to customers (“customer”, “traveller”, “you”).

By booking any service with us, whether directly on our website, by email, by phone, by message, or through a third-party platform, you agree to be bound by these Terms, together with our Refund Policy and Privacy Policy.

2. Scope of Services

We provide one-day travel services departing from Vienna, Austria, including, depending on the booked product:

  • shared group tours,
  • small-group tours,
  • private tours,
  • customised day trips,
  • transport services,
  • guiding services,
  • hotel pick-up and drop-off,
  • attraction reservations and admission tickets where stated.

The exact scope of the booked service is determined by the product page, written offer, booking confirmation, voucher, or invoice.

3. Booking and Contract Formation

A booking request does not automatically create a binding contract unless and until we confirm the booking in writing.

A contract is formed when:

  • we issue a written booking confirmation, voucher, or invoice, or
  • we otherwise expressly confirm acceptance of your booking.

We reserve the right to refuse a booking request at our discretion before confirmation, including in cases of unavailability, operational issues, pricing errors, safety concerns, or suspected fraud.

4. Prices and Payment

All prices are in EUR unless stated otherwise.

Prices may include only those services expressly listed in the booking confirmation. Unless clearly stated, prices do not include:

  • meals and drinks,
  • gratuities,
  • personal expenses,
  • travel insurance,
  • optional activities,
  • services not specifically described as included.

Payment terms:

  • direct website bookings
  • email / invoice bookings
  • private tours
  • bookings through third-party platforms: subject also to that platform’s payment process

We may require full payment, partial prepayment, or a deposit before confirming a booking.

If payment is not received by the due date, we may cancel the reservation without liability.

5. No 14-Day Withdrawal Right for Date-Specific Leisure Services

Where you book a tour or leisure service for a specific date or period, the standard 14-day consumer withdrawal right for distance contracts does not apply, to the extent permitted by applicable law. EU consumer guidance expressly states that the withdrawal right does not apply to certain leisure services booked for specific dates.

Your cancellation rights are instead governed by our Refund Policy and any specific cancellation terms shown during booking.

6. Nature of the Booking and Package Travel

Unless expressly stated otherwise, our standard one-day tours are sold as single-day leisure travel services.

EU package-travel rules generally do not apply to arrangements covering less than 24 hours unless an overnight stay is included. However, certain combined travel services may still qualify as a package or linked travel arrangement depending on how they are bundled and sold.

If a booking qualifies as a package under applicable law, any mandatory traveller rights under such law shall apply and prevail over conflicting parts of these Terms.

7. Customer Information and Responsibility

You are responsible for providing accurate and complete information at the time of booking, including:

  • full passenger names,
  • contact details,
  • accommodation details where pick-up is included,
  • number of participants,
  • any relevant special requests.

You are also responsible for ensuring that all travellers:

  • are fit to participate,
  • comply with safety instructions,
  • have any required travel documents,
  • arrive on time,
  • behave respectfully toward staff, guides, drivers, partners, and other travellers.

We are not responsible for losses caused by inaccurate or incomplete customer information.

8. Pick-Up, Meeting Points, and Timeliness

You must be ready at the confirmed meeting point or hotel pick-up location at the time stated in your booking confirmation.

If you are late, unreachable, or absent, we may treat the booking as a no-show. In such case, no refund is due except where mandatory law requires otherwise.

For operational reasons, we may reasonably adjust pick-up times, meeting points, routes, and stop durations. If that happens, we will notify you as soon as reasonably possible.

9. Itinerary Changes and Operational Flexibility

We reserve the right to make reasonable changes to the itinerary where necessary because of:

  • traffic,
  • weather,
  • border conditions,
  • road closures,
  • local regulations,
  • operational safety,
  • attraction opening times,
  • force majeure,
  • supplier issues,
  • other circumstances beyond our reasonable control.

This may include modifying stop order, shortening stop duration, substituting attractions, changing vehicle type, or rerouting the tour.

Minor changes do not entitle the customer to cancel or demand a refund, provided the overall service remains substantially as booked.

10. Minimum Numbers and Guaranteed Departures

For shared tours, operation may be subject to a minimum number of participants unless the tour is expressly marketed by us as “guaranteed departure after confirmation” or similar.

If a minimum is not reached, we may:

  • offer an alternative date,
  • offer an alternative tour,
  • offer a private upgrade at additional cost,
  • issue a full refund.

If you truly guarantee departures after confirmation, this section should be tightened to reflect that.

11. Vehicles, Seating, and Group Composition

For shared and small-group tours, vehicle type may vary depending on occupancy and operational needs, including coach, minibus, or minivan.

Seat allocation is generally not guaranteed unless expressly confirmed in writing.

For shared tours, other travellers may join the vehicle and group.

For private tours, the booked service is reserved exclusively for the passengers identified in the booking, subject to the agreed passenger limit.

12. Third-Party Suppliers

Some elements of our services may be performed by third-party suppliers, including transport providers, guides, attractions, and reservation partners.

Where third-party services are included, we act either as principal organiser or as intermediary, depending on the product structure. In all cases, our liability is limited to the fullest extent permitted by law, and we are not liable for failures solely attributable to the customer or to unavoidable and extraordinary circumstances.

13. Customer Conduct and Right to Refuse Participation

We may refuse participation or terminate participation without refund where a traveller:

  • is intoxicated,
  • behaves abusively or dangerously,
  • threatens staff or others,
  • damages property,
  • violates law,
  • fails to follow safety instructions,
  • creates an unreasonable disruption.

In such cases, we may remove the traveller from the tour without any obligation to arrange onward transport, accommodation, or compensation.

14. Children, Minors, and Special Needs

Children and minors must be accompanied by a responsible adult unless we expressly agree otherwise in writing.

You must inform us before booking of any mobility issues, health conditions, or special requirements that may materially affect participation. We will try to accommodate reasonable requests, but accommodation cannot be guaranteed unless expressly confirmed.

15. Health, Fitness, and Accessibility

You are responsible for ensuring that the tour is suitable for your health, fitness, and mobility level.

If a tour involves long travel times, walking, stairs, uneven terrain, border crossings, or extended sitting, you accept those ordinary travel conditions as part of the service.

16. Travel Documents and Border Compliance

For tours that cross borders or may require identification, you are solely responsible for carrying all required valid travel documents, visas, identification, and permissions.

If you are denied boarding, refused entry, delayed at border control, or prevented from participating due to your documentation status, no refund shall be due.

17. Cancellations and Refunds

Customer cancellation, no-show, rescheduling, and refund rights are governed by our separate Refund Policy, which forms part of these Terms.

If we cancel a confirmed booking, you will generally be offered either:

  • a comparable alternative, or
  • a refund of the amount paid for the cancelled service.

Where the booking qualifies as package travel, mandatory legal cancellation and refund rights apply. EU consumer guidance explains that package travellers are entitled to pre-contract information, organiser liability for proper performance, and refund rights in certain cancellation scenarios, including unavoidable and extraordinary circumstances.

18. Complaints and Duty to Notify During the Tour

If you believe the service is not being delivered as booked, you must inform the driver, guide, or our support contact immediately during the tour so that we have a reasonable opportunity to address the issue.

Complaints submitted only after the end of the tour may be rejected or reduced where the issue could reasonably have been corrected on the day.

Written complaints should be sent to info@capitalcitydiscoveries.com within 14 days of the tour date, including:

  • booking reference,
  • name,
  • tour date,
  • description of the complaint,
  • supporting documents or photos if available.

19. Unavoidable and Extraordinary Circumstances

We are not liable for cancellation, delay, route changes, shortened visits, or non-performance caused by events beyond our reasonable control, including:

  • severe weather,
  • natural disasters,
  • epidemics,
  • road closures,
  • border restrictions,
  • strikes,
  • unrest,
  • government measures,
  • accidents not caused by us,
  • supplier shutdowns,
  • security concerns.

Where such circumstances prevent or materially affect performance, we may suspend, modify, shorten, postpone, or cancel the service.

Where applicable law requires a refund, we will comply with that law. For qualifying package travel, EU rules provide that travellers may cancel free of charge in unavoidable and extraordinary circumstances significantly affecting the package, with a refund but generally without extra compensation.

20. Liability

We are liable for damages only where required by law and only for losses directly caused by our proven breach of contract or negligence.

To the fullest extent permitted by law:

  • we are not liable for indirect or consequential loss,
  • we are not liable for missed flights, trains, meetings, or onward arrangements,
  • we are not liable for losses caused by customer fault, third parties outside our control, or unavoidable and extraordinary circumstances,
  • we are not liable for items lost, stolen, or damaged during the tour unless caused by our wilful misconduct or gross negligence.

Nothing in these Terms excludes liability that cannot legally be excluded, including mandatory consumer rights or liability for death or personal injury caused by negligence where such exclusion is prohibited.

21. Personal Belongings

Travellers are responsible for their own luggage, valuables, travel documents, phones, cameras, and personal items at all times.

Any transport of luggage is at the traveller’s own risk, except where liability cannot legally be excluded.

22. Photography and Marketing

During the tour, we or our partners may occasionally take photographs or video for marketing or social media purposes.

If you do not wish to appear in such materials, please inform us or the guide at the start of the tour.

Where legally required, we will rely on appropriate consent or provide an opt-out mechanism in accordance with applicable privacy law.

23. Intellectual Property

All content on our website and in our materials, including text, branding, tour descriptions, images, logos, videos, and design elements, is owned by us or used under licence.

You may not copy, reproduce, republish, or exploit such content for commercial purposes without our prior written consent.

24. Website Use

You agree not to misuse our website, booking system, content, or communications.

You must not:

  • make speculative, false, or fraudulent bookings,
  • interfere with the site’s functionality or security,
  • scrape or copy content unlawfully,
  • use automated systems to access or book without permission.

We may restrict or block access where misuse is suspected.

25. Privacy and Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection law.

You are responsible for ensuring that all travellers whose data you provide have been informed of the relevant processing where required.

26. Alternative Dispute Resolution

Consumers in Austria may in many cases use recognised alternative dispute resolution bodies for consumer disputes. Austria provides government-recognised dispute resolution bodies under the Alternative-Streitbeilegung-Gesetz, and EU consumer guidance also points consumers and traders to ADR routes for contractual disputes.

[Insert your ADR participation wording here.]

A common formulation is one of these:

  • “We are neither willing nor obliged to participate in dispute resolution before a consumer arbitration board.”
  • or, if you choose to participate, name the body and conditions.

This wording should match your actual Austrian compliance setup.

27. Governing Law and Jurisdiction

These Terms are governed by the laws of Austria, excluding its conflict-of-law rules, subject to mandatory consumer protection rules that cannot be waived.

For disputes with businesses, the competent court at our registered office shall have exclusive jurisdiction, unless mandatory law provides otherwise.

For consumers, statutory jurisdiction rules remain unaffected.

28. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

29. Amendments

We may update these Terms from time to time.

The version in force at the time of booking applies to that booking unless mandatory law requires otherwise.