General Terms and Conditions
Version: April 2, 2024
Progrés Projekte und Veranstaltungen GmbH
These General Terms and Conditions govern the business relationship between Progrés Projekte und Veranstaltungen GmbH ("Progrés") and travelers for the Husqvarna Trek event in November 2024 in Granada, Spain. The version in effect at the time of contract conclusion is applicable. We do not recognize differing conditions set by the traveler unless we have expressly agreed to their validity. Specific conditions of individual travel offers take precedence.
The term "travelers" refers to those individuals who enter into a contract or a corresponding preliminary agreement for travel services with PROGRÉS in their capacity as a travel agency or event organizer. This also includes persons acting on behalf of a third party to conclude such a contract and those who transfer their claims from the contract to a third party (the buyers).
1. Arrangement of the Package Tour
General Provisions
The following provisions apply to the Husqvarna Trek event organized or arranged by PROGRÉS and governed by the Package Travel Act.
2. Contract Conclusion
2.1 If interested in a package tour, Progrés provides the traveler with all necessary pre-contractual information and these Terms and Conditions.
2.2 Registration by the traveler is considered a binding booking. Acceptance is made through booking on the website Husqvarna-events.com and confirmed by a written confirmation email, thus forming the contract. The booking platform is operated by Butler Solutions GmbH, and the sale is conducted in its own name and on its own account on behalf of Progrés.
2.3 Payment is made according to the communicated conditions.
2.4 Each participant must purchase their own ticket through the platform husqvarna-events.com. Multiple tickets cannot be purchased at once by different people at once.
3. Information Obligations
3.1 By providing all information on Husqvarna-events.com and the contract documents at the time of contract conclusion, PROGRÉS fulfills the legal information obligations.
3.2 As an event agency or organizer of package tours, PROGRÉS is obliged, among other things, to inform travelers about the valid regulations regarding passports, visas, currencies, customs, including the approximate deadlines for obtaining visas and for the processing of formalities with the competent police authority in connection with the package tour. However, each participant is responsible for complying with these regulations. It is assumed to be generally known that a valid passport is usually required for foreign travel; it is the traveler's own responsibility to ensure the validity of the passport.
4. Transfer and Changes to the Package Tour Contract
4.1 Transfer: The traveler can transfer the package tour contract to a person who meets all contract conditions and is suitable for the package tour. In the case of package tours in Europe, the traveler must inform PROGRÉS in writing or by email within a reasonable period of at least seven days before the start of the package tour.
Reasonable processing fees and other necessary fees, taxes, and costs may be prescribed for the transfer. If this results in additional costs, these will be billed to the traveler. In the case of replacement participants, a one-time rebooking fee of 80.00 EUR and the person.
4.2 Price Change: After the package tour contract has been concluded, a price change of up to 7% of the total price is possible at any time if PROGRÉS informs the traveler about this at least 20 days before the start of the package tour on a permanent data carrier, stating the reasons for the price increase and presenting a calculation. Furthermore, a price increase is always possible if the price change directly results from a change
a) in the price for passenger transport due to the cost of fuel or other energy sources,
b) in the amount of taxes and charges on contractually agreed travel services levied by third parties not directly involved in the provision of the package tour, including accommodation taxes, landing fees, entry or exit fees at ports and airports, or
In the event of a price reduction, PROGRÉS may deduct the actual administrative costs from the refund owed to the traveler.
4.3 Other Changes: Other minor changes to the package tour contract by PROGRÉS are permissible and accepted by the traveler. PROGRÉS will clearly and understandably inform the traveler about such changes by email and send them to the last address provided by the traveler.
4.4 Changes Due to External Circumstances Beyond PROGRÉS's Control: Due to seasonal events and current weather conditions, as well as other circumstances beyond PROGRÉS's control (road closures, strikes, landslides, snow, heavy rain, etc.), PROGRÉS reserves the right to change the itinerary and thus the accommodations and other services as needed. In doing so, PROGRÉS will endeavor not to alter the character of the tour and to provide equivalent services. PROGRÉS will strive to schedule the travel dates on dates when the weather conditions are favorable for a vehicle journey in the respective tour region. PROGRÉS assumes no responsibility for poor weather conditions that may occur or climate-related weather changes; therefore, the participant has no claim for a refund of the travel and rental price.
5. Payment
With the booking, a payment of 1,990.00 EUR becomes due, which is processed directly via the booking platform Husqvarna-events.com. In the case of arranged travels, the payment conditions of the respective organizer or service provider apply. The package is confirmed with the booking and payment.
6. Cancellation Rights
6.1. Traveler's Cancellation Rights due to Changes: If PROGRÉS is forced to significantly change an essential travel service, or if special requirements of the traveler cannot be met, or if PROGRÉS must increase the travel price by more than 7%, PROGRÉS will promptly inform the traveler via email in a clear and understandable manner, and the traveler may agree to the change or withdraw from the contract without any compensation, within 14 days of notification of the change. If the traveler does not make any declaration within 14 days, this is considered as an agreement to the change. In case of withdrawal from the contract for the package tour, the traveler may agree to an alternative trip if PROGRÉS offers one. Otherwise, PROGRÉS will refund all payments made so far within 14 days of withdrawal. If the changes to the contract for the package tour or the alternative package tour offered lead to a reduction in quality or cost of the package tour, the traveler is entitled to a reasonable price reduction (see point 8.).
6.2. Cancellation:
6.2.1. The traveler may cancel the contract for the package tour at any time before the start of the package tour without stating reasons. Changes to the travel date requested by the traveler are considered as a cancellation and new registration.
6.2.2. In case of cancellation by the traveler, the following flat-rate compensation rates apply:
up to 60 days before the start of the trip EUR 500.00,
up to 42 days before the start of the trip EUR 650.00,
up to 30 days before the start of the trip 25%,
from 29 days before the start of the trip 100%,
no show 100% of the respective travel price. It is recommended to take out travel cancellation insurance. A one-time rebooking is possible free of charge at the latest 60 days before the start of the trip. After rebooking, the cancellation fee is at least EUR 500.00 per person.
6.2.3. For the calculation of the cancellation fee, the date of receipt of the statement by PROGRÉS is decisive.
6.2.4. The traveler may withdraw from the travel contract without payment of compensation if they prove that unavoidable and extraordinary circumstances occur at the destination or its immediate vicinity, significantly affecting the execution of the package tour or the transportation of persons to the destination. In this case, the traveler is entitled to a refund of payments already made but not to compensation claims.
6.2.5. If payment deadlines are not met, PROGRÉS is free to terminate the contract at the expense of the traveler.
6.3. b) No-show: If the traveler does not appear on the departure day because they do not wish to travel or misses the departure due to their fault or an incident occurring to them, 100% of the travel price may be retained.
6.4. Withdrawal right of PROGRÉS: PROGRÉS may withdraw from the package travel contract before the start of the package tour and refund all payments made for the package tour in full, but without paying additional compensation if
a) fewer people than the minimum number of 40 participants have registered for the package tour, and the withdrawal statement is issued to the traveler 20 days before the start of the package tour for trips, or
b) if PROGRÉS is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances, and the withdrawal statement is provided to the customer immediately, but no later than before the start of the package tour.
If PROGRÉS decides to proceed with the package tour despite the number of participants falling below the minimum, the traveler must accept minor deviations from the service catalog.
6.5. Refund: In the event of cancellation, PROGRÉS will refund any payments already made by the traveler within 14 days – minus any fixed compensation. The traveler is not entitled to further claims for damages.
7. Provision of contractual services
7.1. As a tour operator, PROGRÉS is responsible for providing all services agreed in the contract for the package tour, regardless of whether these services are provided by PROGRÉS or third parties.
7.2. Duty to notify of the traveler: The traveler commits to immediately inform PROGRÉS about any breach of contract and any other deficiency in the provision of the travel services agreed in the contract for the package tour that they notice during the provision of the travel services. This generally does not affect the traveler's warranty claims. However, failing to notify of defects may be considered contributory negligence by the traveler, thus reducing claims for damages. In any case, the traveler must contribute to minimizing the damage. If no local representative is available, it is advisable to inform the respective service providers (hotel, airline) or the travel agency directly about the defect and demand remediation.
7.3. Warranty: If a contractual service is provided deficiently, PROGRÉS will attempt to rectify the breach of contract, unless this is impossible or involves disproportionate costs, or if the deficiency was caused by the traveler or their traveling companions, or due to a breach of their cooperative duties. If a significant part of the travel services agreed in the contract cannot be provided as agreed, PROGRÉS will offer the traveler a suitable alternative arrangement to continue the package tour at no extra cost. If the deficiency in service provision or the arrangement made leads to a reduced quality of the package tour, the traveler is entitled to an appropriate reduction in price. The traveler may not refuse arrangements offered under this paragraph if they are comparable to the services agreed in the contract for the package tour or if an appropriate price reduction is granted.
7.4. Rights of withdrawal for the customer after the start of the journey: If the execution of the package tour is significantly impaired by a breach of contract and PROGRÉS does not provide remedy within a reasonable period, the traveler may withdraw from the contract for the package tour without payment of compensation, provided that continuing the package tour is unreasonable for an average traveler. If transport is part of the package tour, the passenger is entitled to immediate return transport by PROGRÉS, unless return transport is not possible due to unavoidable and extraordinary circumstances. In the latter case, PROGRÉS covers the costs for necessary accommodation for the traveler for a period of three nights, unless the law stipulates longer periods.
7.5. Withdrawal from the contract by PROGRÉS after the start of the journey: PROGRÉS will only be released from its obligation to fulfill the contract if the traveler permanently impairs the execution of the trip through grossly improper behavior despite a warning as part of a group trip. In this case, the traveler - if at fault - is obliged to compensate PROGRÉS for the damage incurred.
7.6. General life risk of the traveler: A package tour usually involves a change in the usual environment. The realization of the general life risk of the traveler associated with this change, such as (but not limited to) stress, nausea, fatigue, digestive problems, and/or the occurrence of a risk possibly associated with the trip, falls within the responsibility of the traveler and is not attributable to the tour operator. If the traveler does not use services properly offered to them for these reasons, or if they withdraw from the contract for such a reason, they are not entitled to assert warranty claims or to reclaim parts of unused travel services.
8. Reduction in Price and Damages
8.1. The traveler is entitled to a reduction in price and damages in accordance with legal provisions. The traveler agrees that PROGRÉS – instead of fulfilling the traveler's claim for conversion or reduction in price – may provide a defect-free service or improve the deficient service within a reasonable period. The defect can be remedied by correcting the fault or by providing an equivalent replacement service or a higher value replacement service, which requires the express consent of the customer.
8.2. The traveler has no claim to warranty and damages if PROGRÉS proves that a breach of contract
a) is attributable to the traveler, or
b) is due to a general life risk of the traveler or a general risk associated with the package tour that falls within the traveler's sphere, or
c) is attributable to a third party not involved in the provision of the travel services agreed in the contract for the package tour, and the breach of contract was neither foreseeable nor avoidable, or
d) is due to unavoidable and extraordinary circumstances.
8.3. If the traveler breaches their contractual obligations, especially their duty to notify about observed breaches of contract, this will be considered as contributory negligence.
8.4. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.
8.5. To facilitate the assertion of claims, it is recommended for the traveler to obtain written confirmations that services were not provided or were inadequately provided, and to collect evidence, proof, and witnesses. In the traveler's interest, it is recommended to assert claims directly to PROGRÉS immediately after returning from the trip, as it can be expected that difficulties in providing evidence increase over time.
8.6. The traveler is liable for all damages they cause to PROGRÉS, either culpably or at least negligently, according to the provisions of the Austrian General Civil Code (ABGB). The traveler is liable in any case for all personal and property damages they culpably cause and indemnifies PROGRÉS from all third-party claims directly made against PROGRÉS in connection with such damages. Damages caused culpably by the traveler include, but are not limited to, damages due to driving errors, lack of driving fitness, or inappropriate driving behavior (e.g., wheelies, spinning tires, not maintaining safety distances, etc.) and driving in a condition that impairs driving ability.
8.7 Limitation of Damages: Claims for damages are limited to the amount of the travel price.
9. Special Provisions Regarding Vehicle Rental, Driving Behavior, Number of Rooms, etc.
9.1. Own Vehicle: Travelers participating in the Husqvarna Trek with their own vehicle are responsible for ensuring their vehicle is in a condition compliant with the law and in perfect technical condition. Only certain model categories of the Husqvarna brand are allowed for participation. See husqvarna-events.com for details. If a performance disruption on the part of PROGRÉS is due to non-compliance with this condition, the traveler is obligated to compensate PROGRÉS for any damages. The customer bears the costs incurred additionally (e.g., for the recovery of a vehicle, for the safekeeping of the vehicle, for repairing technical defects, etc.). PROGRÉS cannot offer vehicle insurance to travelers participating in a tour with their own vehicle.
9.2. Driving License and Driving Fitness: By completing the booking, the traveler declares to have a valid driving license for the duration of the trip for the vehicle used during the tour and to have the necessary driving fitness to safely navigate the vehicle on the travel route. The traveler immediately informs PROGRÉS of any changes regarding their driving license that affect their participation in the tour (e.g., revocation of the driving license, etc.). If it turns out after booking and before the start of the trip that the traveler does not have a valid driving license for the duration of the trip, PROGRÉS is released from its obligation to further fulfill the contract by charging the applicable cancellation fees. If it turns out after the start of the trip that the traveler does not have a valid driving license for the duration of the trip or does not have the necessary driving fitness to safely navigate the used vehicle on the travel route, legal consequences as mentioned apply. The Husqvarna Trek has participants of varying levels. Naturally, the driving fitness of individual participants varies, and the traveler commits to being considerate of other participants. If a traveler's driving fitness is insufficient, PROGRÉS is released from its obligation to fulfill the contract.
9.3. Local Regulations: The traveler participates in the road traffic of the respective travel destination at their own risk and is obliged to observe the provisions of the local traffic regulations. Fines, administrative penalties, or similar, as well as damages to legally protected interests of third parties resulting from non-compliance with local traffic rules, are paid by the traveler.
9.4. Health, Alcohol, and Medications: Please note that a good general state of health, corresponding to the respective tour description, is a prerequisite for participating in the tour. Travelers not meeting these requirements may be excluded from participating in the entire tour or in individual stages of the tour without establishing a claim against PROGRÉS. In any case, it is recommended to consult a doctor before the start of the tour. In case of doubt regarding the health condition of the traveler, PROGRÉS may request a medical certificate upon request. The traveler is not allowed to consume alcoholic beverages during the day and/or take medications or other substances that affect driving fitness as long as they still have to operate the vehicle. This also applies to travelers participating as passengers. Alcohol may only be consumed after the end of the respective daily tour and after the vehicle has been parked for the night. If alcohol is consumed after the end of the respective daily tour or medications and other impairing substances are taken, the traveler must ensure that the condition impairing driving fitness no longer exists the next morning at the start of the daily tour. In case of violation, legal consequences as already mentioned apply.
9.5. Individual Responsibility: The recommended tour only sets a rough route that the traveler must follow at their own risk, and the traveler is obligated to adapt their driving style to the prevailing circumstances and their driving fitness. If the traveler cannot follow a route, they must stop driving and immediately inform the organization's management. The traveler alone is responsible for properly stowing luggage on the vehicle, should the traveler carry luggage. Any liability of PROGRÉS for this case is excluded. It is recommended not to store personal valuables and documents in the vehicle (side pockets, etc.) but to keep them in a bag attached to the body.
9.6. The customer is aware and understands that motorcycle riding is generally dangerous. The customer declares to PROGRÉS
a) that they have sufficient experience in motorcycle riding to understand all associated risks, and
b) that they have booked this trip of their own free will and own decision.
c) that they are aware that motorcycle riding in groups, as well as alone, entails risks, dangers, and hazards that go beyond those associated with solo motorcycle riding.
d) that they fully and voluntarily accept and assume all risks, whether before, during, or after the event. These risks include, without limitation, physical and psychological injuries, pain and suffering, emotional distress, trauma, illnesses, death, regardless of whether caused by gross negligence or another fault of PROGRÉS, equipment failure, inadequate training or supervision, contact with other participants or objects on the premises, the effects of weather or other environmental conditions.
The customer acknowledges this and therefore holds PROGRÉS harmless in this regard.
9.7. Number of Rooms: A limited number of single rooms are available for the Husqvarna Trek event. They are allocated according to the order of received bookings that expressly request single rooms.
If a booking by a single person includes the wish to share a double room with another participant of the trip, PROGRÉS will attempt to find a room partner for this person. If this is not successful, the price for a single room will be charged.
Generally there are different types of accomodation on the tour. There are Cave rooms in in a cave hotel and one night a glamping area is set up for the participants. At the glamping area travelers maybe be put together in glamping tents.
General Provisions
Information about the names of travelers and the location of travelers may not be disclosed to third parties, even in urgent cases, unless the traveler has expressly requested the disclosure of information. The traveler bears the costs incurred by transmitting urgent messages.
The address last communicated to the tour operator (e.g., email address) is considered the postal and contact address of the traveler. Changes must be immediately communicated by the traveler. It is recommended that the traveler do this in writing.
Photographs and videos produced by representatives, partners, or agents of PROGRÉS during the event are copyrighted property of PROGRÉS. PROGRÉS is entitled to use this material for advertising purposes, even if the participant is identifiable, without owing the participant any costs. PROGRÉS is entitled to disclose names, addresses, and contact details of the participant to other tour participants and partners of PROGRÉS, who may use these names and addresses for advertising purposes unless the participant expressly refuses this disclosure in writing.
For all legal disputes arising from the business relationship between PROGRÉS and its customers, the court local to and having jurisdiction over the seat of PROGRÉS is competent.
Austrian law applies. The general terms and conditions of the professional association for travel agencies in their respective valid version only apply subsidiarily, especially regarding the cancellation rates mentioned therein.
Should individual provisions of the contract with the traveler, including these general terms and conditions, be or become wholly or partly invalid, this shall not affect the validity of the remaining provisions. The wholly or partly invalid regulation shall be replaced by a regulation that comes as close as possible to the economic success of the invalid.
Version: April 10, 2024, PROGRÉS