Terms and Conditions

Convenience translation: The contract language is German. In the event of discrepancies, the German version prevails insofar as legally permissible.

Last updated: 3 October 2026

Terms and Conditions of Tip Top Tours OG

These Terms and Conditions distinguish between:

1. guided day tours, courses and other leisure services,

2. the intermediation of individual third-party travel services and third-party package holidays, and

3. the sale of goods, particularly photographic prints.

Where special conditions are stated for a specific offer, those conditions take precedence over the following general provisions. Mandatory statutory rights remain unaffected.

1. Company and contact details

Unless a different service provider is expressly named in the respective offer, the contracting party is:

Tip Top Tours OG

Partners: Peter Buchebner and Christoph Duschek B.A.

Bachweg 26/Top 18

6091 Götzens, Austria

Email: office@tiptop.tours

Website: https://tiptop.tours

Company registration number: FN 633687v

Commercial register court: Landesgericht Innsbruck

VAT identification number: ATU81179145

GISA number, travel agency: 37459017

GISA number, professional photographer: 37540159

2. Scope and contract language

2.1. These Terms and Conditions apply to contracts between Tip Top Tours OG and its customers. Consumers are consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

2.2. Before a booking is completed, it will be made clear whether Tip Top Tours provides its own service or merely acts as an intermediary for a third-party service. Tip Top Tours currently does not organise its own package holidays or linked travel arrangements in its own name.

2.3. The contract language is German. If translations are provided, the German version prevails in the event of doubt, insofar as this is legally permissible.

Part A – Guided day tours, courses and leisure services

3. Scope

3.1. This Part applies in particular to guided hikes, snowshoe tours, E-mountain bike tours, riding skills training, Trailskills offers, private guiding and comparable offers lasting less than 24 hours and not including overnight accommodation.

3.2. The specific scope of services is set out in the respective offer or product description and the booking confirmation. Information concerning the route, duration, elevation gain, difficulty, meeting point, start time, required equipment and participation requirements forms part of the contract.

4. Booking and conclusion of contract

4.1. Presentation of a tour on the website constitutes an invitation to make a booking. The contract is concluded upon express booking confirmation by Tip Top Tours or, where the online booking process is designed accordingly, upon automatic booking confirmation.

4.2. The person making the booking must be at least 18 years old and legally competent. Anyone booking for additional persons confirms that they are authorised to do so and must make the contractual terms and all safety-related information available to those persons.

4.3. Unless otherwise stated in the respective offer, the minimum number of participants is two. Once the minimum number has been reached, individual participants may also book, subject to availability. If the minimum number is not reached, Tip Top Tours may cancel the tour no later than 48 hours before the agreed start time. Payments already made will be refunded in full or, at the customer's request, credited towards an offered alternative date. Further mandatory claims remain unaffected.

5. Prices and payment

5.1. The prices shown at the time of booking apply and include statutory VAT where applicable. Any additional costs will be clearly stated before the booking is submitted.

5.2. The total price is due in accordance with the payment terms stated during the booking process or in the booking confirmation.

5.3. In the event of late payment, Tip Top Tours may withdraw from the contract after granting a reasonable grace period. Statutory claims remain unaffected.

6. No statutory right of withdrawal for date-specific tours

6.1. Pursuant to section 18(1)(10) of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no statutory 14-day right of withdrawal for services related to leisure activities where a specific date or period has been agreed for performance.

6.2. The cancellation options below are granted voluntarily and independently of any statutory right of withdrawal.

7. Cancellation by participants

7.1. Cancellations must be made in text form, preferably by email to office@tiptop.tours. The time of receipt by Tip Top Tours is decisive.

7.2. Unless more favourable conditions are stated in the respective offer, the following cancellation conditions apply to guided day tours and courses. All deadlines are calculated backwards from the start time at the agreed meeting point stated in the booking confirmation:

• Cancellation received at least 6 days before the agreed start of the tour: free of charge.
• Cancellation received less than 6 days but at least 48 hours before the agreed start of the tour: 50 per cent of the agreed total price.
• Cancellation received less than 48 hours before the agreed start of the tour, on the day of the tour, or in the event of a no-show: 100 per cent of the agreed total price.

7.3. A suitable replacement participant may be nominated free of charge up to the start of the tour. The replacement participant must meet all participation requirements. Tip Top Tours must be informed of the change in advance.

7.4. Expenses saved and any possibility of allocating the place to someone else will be taken into account in favour of the customer. The customer remains entitled to prove that no loss, or a substantially lower loss, was incurred.

7.5. Illness, late arrival, missed transport connections or a personal decision not to participate generally fall within the participant's own sphere of risk. Appropriate travel or cancellation insurance is recommended.

8. Weather, safety and route changes

8.1. Tours generally take place even in changeable weather, provided that they can be conducted safely and reasonably.

8.2. The professional assessment of current weather, snow, avalanche, trail and terrain conditions, and the decision whether to operate, modify, reroute, interrupt or terminate a tour, lies with Tip Top Tours or the qualified guide assigned to the tour. Official warnings, current local conditions, forecasts, route conditions and the abilities of the group will be considered in particular.

8.3. If the guide assesses the tour as safe and reasonable and it is performed in accordance with the contract, a participant's differing personal assessment of the weather, rain, snowfall, cloud, cold, heat or restricted views does not in itself give rise to a right to cancel free of charge or to receive a refund.

8.4. For safety reasons or due to current conditions, the route, intermediate destinations, duration and itinerary may be changed to a reasonable extent. Tip Top Tours will endeavour to provide an equivalent alternative. Statutory rights remain unaffected in the event of a material, non-equivalent change.

8.5. If Tip Top Tours must cancel a tour before it begins for safety reasons, participants may choose between an offered alternative date and a full refund of the tour price paid.

8.6. If a tour that has already begun must be modified or terminated because of safety risks that arise or become apparent, any refund entitlement is governed by statutory provisions and the extent of services already provided. Mandatory consumer rights are not excluded.

9. Participation requirements and duties

9.1. Participants must meet the requirements stated in the tour description regarding age, health, fitness, riding ability, sure-footedness and freedom from vertigo. Relevant health restrictions, allergies or other circumstances that could affect safe performance must be disclosed to Tip Top Tours before booking or immediately after they become known.

9.2. Required equipment must be brought in full and in working order. Depending on the offer, this includes suitable hiking or mountain footwear, weather-appropriate clothing, food and drink, protective equipment and a technically sound E-mountain bike.

9.3. Safety-related instructions given by the guide must be followed. Participants must not leave the group without the guide's consent.

9.4. Tip Top Tours or the guide may exclude a person from participation or terminate their participation where essential requirements are not met, unsuitable equipment is used, the person is under the influence of alcohol or drugs, instructions are ignored despite a warning, or the person endangers themselves or others. Saved expenses will be considered in the final calculation; mandatory statutory rights remain unaffected.

9.5. Delays must be reported immediately by telephone. There is no entitlement to an extension of the tour or a change to the group programme. In the event of a substantial delay, participation may be refused for organisational or safety reasons.

10. Special provisions for E-mountain bike tours

10.1. Participants must be able to control the bicycle safely and meet the riding skill requirements stated in the product description.

10.2. The bicycle must be roadworthy and safe to operate. A visual inspection may be carried out before the start; this does not replace professional maintenance and does not constitute a guarantee that the bicycle is free from defects.

10.3. Required protective equipment, particularly a suitable bicycle helmet, must be worn throughout the ride.

10.4. Traffic regulations, rules governing trails, closures, nature conservation rules and the guide's instructions must be observed.

11. Liability for day tours

11.1. Tip Top Tours is liable in accordance with statutory provisions. Liability for intent or gross negligence and liability for personal injury are not excluded or limited.

11.2. Despite careful planning, outdoor activities involve typical risks that cannot be entirely avoided. These include slipping and falling, changing weather and trail conditions, rockfall, snow and avalanche hazards, encounters with animals and technical defects. This description does not limit the statutory duties of care or liability of Tip Top Tours.

11.3. Participants are liable in accordance with statutory provisions for damage they culpably cause.

Part B – Intermediation of individual third-party travel services and third-party package holidays

12. Role as travel intermediary

12.1. Where Tip Top Tours expressly acts as an intermediary, it arranges a contract between the traveller and the tour operator or service provider identified before booking, such as an airline or accommodation provider. Tip Top Tours may use the external B2B booking platform RateHawk for individual bookings. Tip Top Tours' contracting party for access to the RateHawk booking system is Emerging Travel Inc., 1000 N West Street, Suite 1200, Wilmington, Delaware 19801, USA. Use of this platform does not alter the requirement that the actual service provider and contracting party of the traveller must be clearly identified before the contract is concluded.

12.2. The arranged contract is concluded directly between the traveller and the service provider or third-party tour operator named in the offer, invoice and booking confirmation. The contractual, fare and cancellation conditions provided by that party before conclusion of the contract apply to performance of the arranged travel service.

12.3. A separate travel intermediation contract is concluded between Tip Top Tours and the traveller. Tip Top Tours owes careful selection, advice, booking processing and forwarding of contractually relevant information in accordance with statutory provisions, but does not itself owe performance of a travel service clearly identified as being provided by a third party.

12.4. Any advisory, booking, amendment or cancellation processing fees charged by Tip Top Tours will be clearly stated before the order is placed. Fees charged by the service provider may apply in addition.

12.5. Complaints concerning a service arranged through RateHawk must be addressed to Tip Top Tours without delay. Tip Top Tours acts as the first point of contact and coordinates handling with RateHawk or the respective service provider. Statutory rights against the actual contracting party remain unaffected.

12.6. A Tip Top Tours tour and an arranged flight, hotel or other travel service are not offered at a single or package price, invoiced together or assembled as a uniform travel package before consent to payment. Each service requires a separate booking decision, a clearly attributable contract and a separate price.

12.7. Tip Top Tours currently does not facilitate linked travel arrangements within the meaning of section 2(5) of the Austrian Package Travel Act (PRG). In particular, Tip Top Tours does not organise the separate selection and payment of several types of travel service for the same trip during a single booking contact and does not, after the first booking, specifically invite the traveller to purchase another travel service within 24 hours.

13. Prices, payments and changes for arranged services

13.1. Prices and availability of third-party service providers may change until a binding booking is made. The confirmed booking is decisive.

13.2. For flights, hotels and other fares, the amendment, rebooking and cancellation conditions of the respective service provider disclosed before booking apply. Non-refundable fares will be identified as such before booking.

13.3. The traveller is responsible for the accuracy of names, dates of birth, travel document details and other booking information supplied. Necessary corrections may incur a charge or may be excluded under the applicable fare rules.

13.4. Where payments for a RateHawk booking are processed by bank card, payment processing may, under the agreement between Tip Top Tours and RateHawk, be carried out by Leaside Services Limited, 17 Georgiou Karaiskaki Street, 3032 Limassol, Cyprus. The payment method used and the payee will be stated before payment.

13.5. Personal data required for an arranged booking may be transmitted via RateHawk to affiliated companies and to hotels, airlines, transfer providers and other service providers involved. Further details are set out in the Tip Top Tours Privacy Policy.

Part C – No organisation of own package holidays

14. Distinction

14.1. Tip Top Tours currently has no insolvency protection under the Austrian Package Travel Regulation (PRV) and therefore does not organise its own package holidays or facilitate linked travel arrangements.

14.2. Booking an individual guided day tour without any further travel service does not constitute a package holiday. Part A applies to such a booking.

14.3. Flights, hotels and other third-party travel services are arranged only individually and on the basis of a separate intermediation order under Part B. The respective service provider or third-party tour operator will be identified as the contracting party before booking.

14.4. If Tip Top Tours acts as intermediary for a package holiday already assembled by a duly insured third-party tour operator, that operator's identity will be clearly stated before booking. The traveller will receive its contractual terms, the statutory standard information form and information about its insolvency protection. Tip Top Tours acts exclusively as a travel intermediary in this case.

14.5. If Tip Top Tours offers its own package holidays or linked travel arrangements in the future, it will do so only after establishing the legally required insolvency protection, registration in the travel insolvency protection register and implementation of separate organiser terms.

Part D – Sale of photographic prints and other goods

15. Scope and conclusion of contract

15.1. This Part applies to purchases of photographic prints, posters, framed pictures and other tangible goods through the online shop.

15.2. Product presentation constitutes an invitation to place an order. The purchase contract is concluded upon express acceptance or dispatch confirmation. An automatic acknowledgement initially documents only receipt of the order unless it is expressly designated as acceptance.

16. Prices, payment and delivery

16.1. All final prices include statutory VAT where applicable. Delivery and shipping costs will be shown separately before the order is submitted.

16.2. Available payment methods are displayed during checkout.

16.3. The delivery area, estimated delivery time and shipping provider are stated in the respective offer or during checkout. Partial deliveries are permitted only where reasonable for the customer and where they do not cause additional costs.

16.4. The goods remain the property of Tip Top Tours until full payment has been made.

17. Statutory right of withdrawal for goods

17.1. Consumers who conclude purchase contracts online generally have the right to withdraw from the contract within 14 days without giving reasons. As a rule, the period begins on the day on which the consumer or a nominated third party other than the carrier receives the goods.

17.2. The complete statutory withdrawal information and the statutory model withdrawal form are provided separately and linked before the order is submitted.

17.3. Customers bear the direct costs of returning goods if they were properly informed of this before the contract was concluded. The cost of the least expensive standard delivery offered will be refunded in accordance with statutory provisions.

17.4. The right of withdrawal is not excluded merely because a standardised photographic print is produced only after the order is received. An exclusion may apply in particular to goods made to customer specifications or clearly personalised. Customers will be expressly informed of any such exclusion before ordering.

17.5. Where required by law, Tip Top Tours provides an easily accessible online withdrawal function on the website and promptly confirms receipt of the withdrawal declaration on a durable medium.

18. Statutory warranty and transport damage

18.1. Statutory warranty rights apply.

18.2. Obvious transport damage should, where possible, be documented promptly and reported to Tip Top Tours. Failure by a consumer to report damage immediately does not restrict statutory warranty rights.

Part E – Common final provisions

19. Complaints and dispute resolution

19.1. Complaints may be sent to office@tiptop.tours.

19.2. References to statutory or voluntarily recognised alternative dispute resolution bodies are kept up to date in the Legal Notice. No obsolete reference to the former EU Online Dispute Resolution platform is used.

20. Applicable law and jurisdiction

20.1. Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

20.2. Statutory places of jurisdiction apply to consumers. For contracts with businesses, the court having subject-matter jurisdiction at the registered office of Tip Top Tours OG is agreed, insofar as legally permissible.

21. Severability

If individual provisions are or become invalid, the remaining provisions remain unaffected to the extent permitted by law. Invalid provisions are replaced by the applicable statutory provisions. In relation to consumers, no reduction preserving validity or notional replacement agreement will be applied to the consumer's disadvantage.