General terms and conditions for tour operators of package tours within the meaning of the Package Travel Act
General Terms & Conditions for the Dachstein Salzkammergut holiday region pursuant to the Package Holiday Act
1. Scope and definitions
1.1 These General Terms & Conditions (T&Cs) govern the contractual relationship between you as the Traveller and the Dachstein Salzkammergut holiday region for all bookings made in line with the statutory provisions, in particular the Package Holiday Act (Pauschalreisegesetz – PRG) and Package Holiday Directive (Pauschalreiseverordnung - PRV (PRG/PRV www.ris.bka.gv.at). The Dachstein Salzkammergut holiday region reserves the right to amend these T&Cs at any time without prior notification. The version at the time of booking is decisive.
Tour Operator and your Contractual Partner is the:
represented by the Managing Director Christian Schirlbauer Mag. (FH)
VAT No.: ATU 53978904
GISA No: 33073910
Tax number: 46027/8914
Bank details: Raiffeisenbank Inneres Salzkammergut
IBAN AT07 3454 5000 0043 2559
1.2 The General Terms & Conditions shall be deemed to have been agreed if they were sent or the Traveller had the opportunity to read them before the Traveller is bound to a contract through a contract declaration. They supplement the Package Holiday Contract concluded with the Traveller. If the Traveller books on behalf of third parties (fellow travellers), (s)he confirms that (s)he has been authorised by these third parties to obtain an offer on their behalf, agree to the General Terms & Conditions for them and enter into a Package Holiday Contract for them. The Traveller that makes a booking for him/herself or for third parties shall be considered to be the Customer and, in line with Section 7 Para. 2 PRG, shall assume, unless a different agreement has been made, the obligations arising from the contract with the Tour Operator (payments, contract withdrawal etc.).
1.3 A Traveller is any individual who intends to enter into a contract that is subject to the provisions of the Package Holiday Act (e.g. a Package Holiday Contract) or who is entitled, on the basis of such a contract, to make use of travel services.
1.4 A Package Holiday Contract is the contract concluded between the Tour Operator and Traveller for a Package Holiday.
1.5 The Travel Price is the amount to be paid by the Traveller as specified in the Package Holiday Contract.
1.6 In line with Article 2 lit a Regulation 1107/2006 (Rights of Disabled Persons and Persons with Reduced Mobility), an individual with limited mobility is a person with a physical disability (sensory or motor, permanent or temporary) that restricts them from making use of some components of the Package Holiday (e.g. use of a means of transport, an accommodation) and the services to be agreed must be adapted to the special needs of this individual.
1.7 Unavoidable and exceptional or unforeseeable circumstances are incidents/events/conditions that are outside of the sphere/control of the individual that invokes them, and where the consequences could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious impairments to safety such as terrorism, outbreaks of serious illnesses, natural disasters, weather conditions that prevent a safe holiday etc.) (cf. Section 2 Paragraph 12 PRG).
1.8 The Package Holiday Contract and General Terms & Conditions shall not apply for Package Holiday Contracts concluded between two companies based on a general agreement for the organisation of business trips (e.g. framework agreement).
2. Tasks of the Tour Operator
2.1 The Tour Operator shall make holiday recommendations for the Traveller based on the information provided by the Traveller. These recommendations are non-binding and are therefore not yet offers as per Section 4 PRG. If no travel recommendations can be made based on the information provided by the Traveller (no alternatives, no services etc.), the Tour Operator shall notify the Traveller(s) of this.
The holiday recommendations are based on the information provided by the Traveller, which means that incorrect and/or incomplete information from the Traveller could be the foundation for holiday offers. When preparing holiday recommendations, parameters such as price, specialist skills of the service provider, discounts, best price principle etc. are included.
2.2 If the Traveller has a specific interest in a holiday recommendation prepared by the Tour Operator, the Tour Operator shall prepare a holiday offer based on this recommendation in line with the guidelines of Section 4 PRG, if these are relevant for the holiday. The holiday offer prepared by the Tour Operator is binding for the Tour Operator. Changes to the pre-contractual information contained in the holiday offer due to price or service changes are possible if the Tour Operator reserved the right to make such changes in the holiday offer, clearly and comprehensibly informed the Traveller(s) about the changes before the Package Holiday Contract was concluded, and the changes were made in agreement between the Traveller and Tour Operator (cf. Section 5 Paragraph 1 PRG). A contract is concluded between the Tour Operator and the Traveller if the holiday offer is accepted by the Traveller(s) in writing (by post or e-mail) or by the Traveller personally signing the document in one of our offices.
2.3 The Tour Operator shall advise and inform the Traveller(s) based on the information provided by the Traveller(s) to the Tour Operator. The Tour Operator shall prepare the Package Holiday requested by the Traveller(s) to the best of its knowledge, and with consideration of the conditions in the country/place of destination and any special features of the Package Holiday (e.g. biking, mountain biking or hiking holidays). It does not have an obligation to provide information about generally known conditions (e.g. condition of cycle tracks, mountain bike routes and hiking trails, topography, climate, flora and fauna in the Traveller’s desired destination etc.) if, depending on the nature of the Package Holiday, there are no circumstances that would require separate clarification, or if information on the conditions is not required for performing the services to be agreed. It should fundamentally be taken into consideration that the Traveller is consciously opting for different surroundings and the standards, facilities, food (especially spices) and hygiene are based on the normal regional standards/criteria that apply in the relevant country/place of destination.
2.4 Before the Traveller is bound to a Package Holiday Contract by a contractual declaration, the Tour Operator shall inform the Traveller(s) as per Section 4 PRG about:
The existence of a Package Holiday via a standard information sheet as per Section 4 Paragraph 1 PRG.
The information provided in Section 4 Paragraph 1 PRG, if this is relevant for the Package Holiday to be agreed and necessary for providing the services.
Whether the Package Holiday to be agreed is generally suitable for individuals with reduced mobility (cf. 1.6.), if this information is relevant for the Package Holiday in question (Section 4 Paragraph 1 Clause 1 lit PRG).
General passport and visa requirements in the destination country, including the approximate deadlines for obtaining a visa and dealing with health formalities (Section 4 Paragraph 1 Clause 6 PRG), if this information is relevant for the Package Holiday in question.
Upon request, the Tour Operator shall provide information on foreign currency and customs regulations. Travellers with Austrian citizenship can also obtain general information on passport and visa requirements, health formalities and foreign currency and customs regulations by selecting the desired country of destination via www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/. EU citizens can obtain such information from their relevant representation authorities. It is taken as a known requirement that a valid passport is necessary for overseas travel and that the Traveller is responsible for ensuring its validity. The Traveller is also responsible for complying with any health formalities of which it is informed and for acquiring any necessary visas, provided that the Tour Operator or travel agent did not offer to acquire them on the Traveller’s behalf.
2.5 For holidays with air travel, the Tour Operator shall notify the Traveller(s) as per Art 11 Directive 2111/05 about the identity of the operating airline, if this has already been determined when the contract is concluded. If the operating airline has not been determined at the time when the contract is concluded, the Tour Operator shall notify the Traveller(s) about the airline that is likely to operate the flight. As soon as the airline has been determined, or if there is a change in the airline after the booking has been made, the Traveller shall be informed of this as quickly as possible.
2.6 Any special wishes from the Traveller in the sense of customer requests (e.g. lake view) are fundamentally non-binding and shall not trigger any legal entitlement, if these requests have not been confirmed by the Tour Operator in line with a specification from the Traveller as per Section 6 Paragraph 2 Clause 1 PRG. If they have been confirmed, this shall be a binding guarantee of performance. The recording of customer requests by the Tour Operator only constitutes a given undertaking to pass this on to the specific service provider and clarify whether it can be fulfilled, and it is not a legally binding commitment if it has not been confirmed by the Tour Operator.
2.7 If the Traveller does not book directly with the Tour Operator (e.g. by visiting a branch, sending an enquiry via telephone or e-mail etc.) but rather via a travel agent, the provisions of Point 2 of these T&Cs shall apply for this travel agent.
3. Authority of the travel agent and services booked on site
3.1 Travel agents are not authorised by the Tour Operator to make differing agreements, provide information or provide assurances that amend the agreed content of the Package Holiday Contract, go beyond the contractual services agreed by the Tour Operator or contradict the holiday offer. Travel catalogues and internet announcements that were not issued by the Tour Operator shall not be binding for the Tour Operator and its service obligation, unless there is an express agreement between the Tour Operator and Traveller on the scope of the holiday offer or the content of the Tour Operator’s service obligation.
3.2 On-site services booked with third parties by the Tour Operator or service providers not attributable to the Tour Operator are not binding for the Tour Operator and its obligation to perform and shall not be attributed to the tour operator, unless these services have been expressly confirmed/authorised by the Tour Operator.
4. Traveller’s duty to provide information and cooperate
4.1 The Traveller shall provide the Tour Operator – potentially with the help of a travel agent if the booking was made via such an agent – with all relevant personal (e.g. date of birth, nationality, height if required for renting equipment) and factual (e.g. planned medication, prosthetics, animals etc.) information required for the Package Holiday in a timely manner, in full and truthfully. The Traveller shall inform the Tour Operator about all conditions related to his/her person or his/her fellow travellers (e.g. allergies, food intolerances, no travel experience etc.) and about his/her special needs or those of his/her fellow travellers, in particular any reduced mobility or health conditions and other restrictions that could be relevant when preparing holiday offers and operating a Package Holiday with the services to be agreed (e.g. biking, mountain biking or hiking holidays).
4.2 If the Traveller has reduced mobility or other restrictions or special requirements as per Point 4 (e.g. special medication, regular medical treatments etc.) that could have an impact on the operation of the holiday, (s)he is advised to clarify with a doctor before booking whether (s)he has the required fitness to travel.
4.3 If the Traveller’s mobility becomes reduced in the period between the contract conclusion and the start of the Package Holiday, or if there are other restrictions within this period pursuant to Point 4, the Traveller shall notify the Tour Operator of this in writing without delay so that the Tour Operator can decide whether the Traveller can continue to take part in the Package Holiday without endangering himself/herself or his/her fellow travellers, or whether the Tour Operator is authorised to exclude the Traveller and withdraw from the contract. If the Traveller fails to comply with his/her obligation to provide information in full, or fails to do so in a timely manner, and if the Tour Operator decides to withdraw from the contract, the Tour Operator shall be entitled to flat rate compensation.
4.4 The Traveller who makes a booking for him/herself or third parties (fellow travellers) shall be considered as the customer and, if no other agreement has been made, shall assume, pursuant to Section 7 Paragraph 2 PRG, the obligations arising from the contract with the Tour Operator (e.g. making payments; only the customer is authorised to withdraw from the contract etc.) (cf. 1.2.).
4.5 The Traveller undertakes to review the accuracy of all the information/details contained in the contractual documents provided by the Tour Operator (e.g. Package Holiday Contract, booking confirmation, coupons, vouchers) and check for any discrepancies (spelling mistakes e.g. name, date of birth) or incomplete information. The Traveller shall notify the Tour Operator without delay about any inaccuracies/discrepancies/incomplete information so that these can be corrected.
4.6 In the event that, due to unavoidable and exceptional circumstances, it is not possible to transport the Traveller home again as contractually agreed, the Tour Operator shall bear the necessary accommodation costs for a maximum of three nights. This shall not apply to travellers with reduced mobility (as per Article 2a of Regulation (EC) No. 1107/2006 concerning the rights of disabled passengers and passengers with reduced mobility) and their fellow travellers, pregnant travellers, unaccompanied minors and travellers who require special medical care, if the stated individuals notify the Tour Operator 48 hours before the start of the holiday about their special needs that did not exist when the booking was made or of which they could not have been aware when making the booking.
4.7 As per Section 11 Paragraph 2 PRG, the Traveller shall report any violation of the agreed travel services immediately and in full, including a description of the specific contract violation/deficiency so that the Tour Operator is able – if possible or feasible in each individual case – to rectify this on site, taking into account the relevant circumstances (e.g. time difference, impossibility of making contact on expeditions, existence of an alternative or opportunity for replacement/improvement etc.) and any associated effort (e.g. cleaning replacement rooms, finding a replacement hotel etc.). If the Traveller books via a travel agent and if a contract violation arises during the travel agent’s business hours, the Traveller shall notify the travel agent of the contract violation in writing. Outside of normal business hours, the Traveller shall notify the Tour Operator’s local representative about any contract violations or, if no such representative is available and/or not part of the contract, notify the Tour Operator directly or using the emergency number stated in the Package Holiday Contract. If a contract violation is not reported, and local redress would have been possible and a notification would also have been reasonable, this will have an impact on possible warranty claims from the Traveller. As per Section 12 Paragraph 2 PRG, failure to provide notification may also be considered as contributory negligence (Section 1304 ABGB) in terms of claims for damages. Notification of a contractual violation shall not trigger any guarantee of performance from the Tour Operator.
4.8 The Traveller undertakes to pay the Travel Price agreed in the relevant Package Holiday Contract on time and in full in line with the payment provisions. In the event of a failure to make an advance payment or remaining payment on time or in full, the Tour Operator reserves the right, after issuing a reminder and setting a new deadline, to withdraw from the contract and, regardless of the incurred flat rate compensation, claim additional compensation.
4.9 In the event of the assertion and receipt of payments from claims for damages or price reduction pursuant to Section 12 Paragraph 5 PRG (e.g. compensation payment as per Article 7 Passenger Rights Regulation), or in the event of receipt of other payments and services from service providers or third parties to be credited against the Traveller’s claims against the Tour Operator for damages or price reduction (e.g. payments from the hotel), the Traveller shall fully and truthfully inform the travel agent or Tour Operator of this fact.
4.10 If contract violations arise, the Traveller has a fundamental obligation to mitigate damage (Section 1304 ABGB).
5.1 As a general principle, valuable items, important documents etc. should not be taken on holidays. It is recommended that you make copies of important documents and use these – provided that this is permitted. The theft of valuable items cannot be ruled out and the Traveller must bear this risk as an individual risk.
5.2 It is recommended to take out insurance (travel cancellation, travel interruption, luggage, travel liability insurance, health insurance for travel abroad, cover for delays, personal protection etc.), that offers sufficient coverage from the date of the Package Holiday Contract until the end of the Package Holiday. Further information can be found in the Tour Operator’s catalogue or homepage.
6. Booking/contract conclusion/advance payment
6.1 The Package Holiday Contract shall be concluded between the Traveller and the Tour Operator if they reach agreement about the main contract components (price, service and dates) and the Traveller accepts the Tour Operator’s offer. This shall result in rights and obligations for the Tour Operator and for the Traveller.
6.2 Unless otherwise agreed, the Traveller shall transfer to the account stated in the Package Holiday Contract (or the account specified by the travel agent) the full Travel Price upon receipt of the Package Holiday Contract and up to 8 days before the start of the holiday.
6.3 If the Traveller fails to meet its payment obligations, the Tour Operator reserves the right, after issuing a reminder and setting a deadline, to withdraw from the contract and demand compensation amounting to the flat rate compensation.
7. Individuals with reduced mobility
7.1 Whether or not a Package Holiday is specifically suitable for individuals with reduced mobility shall be clarified in each individual case, with due consideration of the nature and extent of the reduced mobility, type of Package Holiday (e.g. biking, mountain biking or hiking holidays etc.), country/place of destination, means of transport (e.g. bus, aeroplane, boat etc.), and accommodation (e.g. hotel, mountain chalet, tent etc.). Individuals with reduced mobility should therefore ask the Tour Operator whether the desired Package Holiday is suitable for them in the specific case. The suitability of a Package Holiday in the specific case for individuals with reduced mobility does not mean that all services included in the Package Holiday Contract can be used without limitation by the individual with reduced mobility. For example, a hotel complex may have suitable rooms and other areas for individuals with reduced mobility but this does not mean that the entire complex (e.g. use of the pool etc.) is suitable for individuals with reduced mobility.
7.2 The Tour Operator may reject a booking for a Package Holiday from an individual with reduced mobility if the Tour Operator and/or one of the agents (e.g. hotel, airline etc.) concludes, after carefully assessing the Traveller’s specific requirements and needs, that the individual cannot be safely transported/accommodated in line with the safety provisions or decides that the specific Package Holiday is not suitable for the Traveller.
7.3 The Tour Operator and/or one of the agents (e.g. airline, hotel etc.) reserves the right to refuse to transport/accommodate a Traveller who failed to adequately inform the Tour Operator as per Section 4 of the T&Cs about his/her reduced mobility and/or special needs, so that the Tour Operator and/or agents were in a position to assess the possibility of safe and practical transport/accommodation.
7.4 The Tour Operator reserves the right to prevent Travellers from participating in the Package Holiday for safety reasons who, in the opinion of the Tour Operator and/or one of the agents, (e.g. airline, hotel etc.), are not fit to travel, or are not suitable for the Package Holiday due to the itinerary, the travel destination etc., or would present a danger to themselves or others during the Package Holiday.
8. Package Holiday Contract
8.1 When concluding a Package Holiday Contract, or immediately afterwards, the Traveller shall receive a copy of the contractual document or a confirmation of the contract on a durable medium (e.g. paper, e-mail). If the Package Holiday Contract is concluded in the presence of the Contracting Parties, the Traveller shall have the right to receive a paper version. For contracts concluded outside of the business premises as per Section 3 Clause 1 FAGG, the Traveller agrees to receive the copy or confirmation of the Package Holiday Contract on another durable medium (e.g. e-mail) as an alternative.
8.2 Unless otherwise agreed, the booking documents, vouchers, transport tickets and entrance tickets, information on planned departure times and, if applicable, any planned stopovers, connections and arrival times will be sent to the Traveller in good time before the start of the Package Holiday (to the last delivery/contact/email address provided by him/her or directly to the arrival hotel). If the named documents demonstrate any inaccuracies, deviations and/or incompleteness as per Point 4, the Traveller shall contact the travel agent or Tour Operator.
9. Replacement person
9.1 As per Section 7 PRG, the Traveller has the right to transfer the Package Holiday Contract to another person who meets all the contractual requirements and is also suitable for the Package Holiday (e.g. gender, absence of a pregnancy, health condition, necessary vaccinations, special knowledge and skills, visa, valid travel documents, no travel ban etc.). If the other person does not meet all the contractual conditions or is not suitable for the Package Holiday, the Tour Operator can object to the contract being transferred. The Tour Operator shall be informed about the transfer of the contract on a durable medium (e.g. paper, e-mail) within an appropriate time limit of 14 days, and seven days before the start of the holiday at the latest. A minimum handling fee of €50 is to be paid for the transfer of the Package Holiday Contract, unless additional costs are incurred. The Traveller who transfers the Package Holiday Contract and the individual entering into the contract shall be jointly liable to the Tour Operator for the outstanding amount of the Travel Price and the minimum handling fee, and for any other additional costs incurred.
9.2 Many airlines or other carriers or service providers treat changes to the travel date or the name of the Traveller as cancellations and invoice them accordingly. Any additional costs incurred shall be invoiced to the Traveller (as per Section 7 Para. 2 PRG).
10. Price changes before the start of the holiday
10.1 After concluding the Package Holiday Contract, the Tour Operator reserves the right to make price changes up to 20 days before the start of the Package Holiday at the latest. The Tour Operator shall clearly and comprehensibly inform the Traveller about the price increase (including calculation) and stating reasons. This information shall be sent to the address last provided by the Traveller on a durable medium (e.g. paper, e-mail) and 20 days before the start of the Package Holiday at the latest.
10.2 Price changes are permissible if there are changes to the following costs after the contract has been concluded:
1) Costs of passenger transport linked to the costs of fuel or other energy sources.
2) Amount of the taxes and duties to be paid for the contractually agreed travel services e.g. residence taxes, landing charges, embarkation or disembarkation fees in ports, corresponding fees in airports and charges for services in ports or airports.
3) Exchange rates that apply to the Package Holiday.
For 1) each change to the Travel Price corresponds to the additional amount calculated by the service provider for bus, train or aeroplane, for 2) each change to the Travel Price corresponds to the full amount of the fees, and for 3) each change to the Travel Price corresponds to the change in the exchange rates.
10.3 Section 11 shall apply in the event of an increase of more than 8% of the Travel Price (as per Section 8 PRG). The Traveller can choose between accepting the increase as a contractual change, agreeing to participate in an alternative holiday – if this is offered – or withdrawing from the contract without being obliged to pay any flat rate compensation. Any insurance premiums already paid cannot be reimbursed to the Traveller.
11. Changes in performance before the start of the holiday
11.1 The Tour Operator may make minor changes to the services before the start of the holiday if it has reserved the right to do so in the contract. The Tour Operator or Travel Agent, if the Package Holiday was booked via one, shall clearly inform the Traveller about the changes on a durable medium (e.g. paper, e-mail) using the address most recently provided by the Traveller.
11.2 Minor amendments are minimal, objectively justifiable amendments that do not significantly alter the nature and/or duration and/or content and/or quality of the booked Package Holiday.
11.3 Whether or not a change or reduction in the quality or value of the travel services is significant must be assessed in each individual case with due consideration of the nature, duration, purpose and price of the Package Holiday, and also consideration of the intensity and duration of the causality of the change and potentially the culpability for the circumstances that resulted in the change.
11.4 If the Tour Operator, in line with Section 9 Paragraph 2 PRG, makes significant changes to the essential features of the travel services that constitute the character and purpose of the Package Holiday (cf. Section 4 Paragraph 1 Clause 1 PRG), or if the Tour Operator cannot comply with requirements from the Traveller that it expressly confirmed, or if it increases the total price of the Package Holiday in line with the provisions of Section 8 PRG by more than 8 %, the Traveller can, within an appropriate time limit set by the Tour Operator, accept the suggested changes, or agree to take part in an alternative holiday if this offered by the Tour Operator, or withdraw from the contract without having to pay any compensation.
In the aforementioned cases, the Tour Operator will therefore clearly and comprehensibly inform the Traveller about the following points on a durable medium (e.g. paper, e-mail) and using the most recent address provided by the Traveller: the changes to the travel services and, if applicable, their impact on the price of the Package Holiday; the appropriate time limit within which the Traveller shall notify the Tour Operator of his/her decision; the legal impact of the failure to submit a declaration within the appropriate time limit; and, if applicable, the package holiday offered as a replacement and its cost. If the Traveller does not submit a declaration within the time limit, (s)he shall be deemed to have agreed to the changes.
12. Travel route/amendments
12.1 As a result of, for example (without any claim to completeness), environment and weather influences (e.g. storm, rain, snow, avalanches, debris flows, etc.), natural disasters (e.g. earthquakes, flooding, windfall, hurricanes etc.), blocked routes, border closures, government orders, traffic jams, changes to flight times, terror attacks, power cuts, changes to opening times at short notice etc., there may be deviations from the advertised or contractually agreed route, stations on a round trip may be postponed, sightseeing trips may be omitted or amended. In these cases, the Tour Operator shall endeavour to offer comparable alternatives, if available, or, if possible, make up for any omitted parts elsewhere.
13.1 If there is a contract violation as an agreed travel service was not performed, or was not performed satisfactorily, the Tour Operator shall rectify the contract violation, provided that the Traveller or his/her fellow travellers (e.g. family members) did not themselves cause the violation and/or did not breach his/her duties of cooperation and/or the rectification is not prevented by the Traveller and/or it would be impossible to rectify or only with disproportionate costs. The Traveller shall set an appropriate time limit for the Tour Operator to rectify the contract violation, whereby the appropriateness of the time limit must be evaluated in each individual case, according to the nature/purpose/duration of the Package Holiday, the contract violation in question, the time it was reported (e.g. late evening etc.) and the time required to make a replacement purchase e.g. of an object (lift etc.). Any time limit set for the Tour Operator’s local representative or, if no such representative is available and/or not part of the contract, for the Tour Operator shall be communicated using the emergency number stated in the Package Holiday Contract
13.2 If the Traveller fails to comply with his/her duty to provide information as per Point 4 or his/her obligation to cooperate (e.g. looking at a replacement room offered by the Tour Operator, packing his/her suitcase for a change of room etc.), or if (s)he sets an inappropriately short time limit for rectifying the contract violation, or fails to support the Tour Operator to a reasonable extent in rectifying the contract violation, or refuses without any legal foundation the replacement services offered by the Tour Operator as rectification of the contract violation, the Traveller shall bear the adverse legal consequences (cf. Point 4).
13.3 If the Tour Operator fails to rectify the contract violation within an appropriate time limit, the Traveller can deal with it himself/herself and request reimbursement of the necessary expenses from the Tour Operator (cf. Section 11 Paragraph 4 PRG). The principle of the duty to avert, minimise or mitigate loss shall apply i.e. the resulting damages (e.g. costs of substitute performance) should be kept as low as possible, whereby it should be based on the duration, value and purpose of the holiday. Furthermore, the contract violation is to be viewed from an objective perspective.
13.4 If a significant part of the agreed travel services cannot be performed in line with the contract, the Tour Operator shall offer the Traveller, at no additional expense, if this is possible based on the (local) circumstances and conditions (impossibility e.g. if only one hotel is available in the booked category), appropriate other arrangements (alternative service) for continuing the Package Holiday that, as far as possible, are at least equivalent to the contractually agreed services from a quality perspective. The same shall also apply if the Traveller cannot be transported back to the place of departure in line with the contract. If the other arrangements offered by the Tour Operator are potentially of lower quality than the contractually agreed services for the Package Holiday (e.g. different hotel category, half-board instead of all-inclusive), the Tour Operator shall grant the Traveller an appropriate price reduction. The Traveller can then only reject the other arrangements if they are not comparable with the services agreed in the Package Holiday Contract or the price reduction granted is not appropriate. In the event of rejection, the Traveller must demonstrate that the other arrangements offered by the Tour Operator are not equal/comparable with the contractually agreed services and/or the price reduction offered is not sufficient.
13.5 If the contract violation has a significant impact on the operation of the Package Holiday, and if the Tour Operator fails to rectify the contract violations within an appropriate time limit set by the Traveller given the circumstances and contract violations (cf. 13.) the Traveller can, if (s)he cannot reasonably be expected to continue, withdraw from the Package Holiday Contract without having to pay compensation and, if applicable, make warranty and compensation claims as per Section 12 PRG. The Traveller shall bear the burden of proof for the specific relevance of the effects of contract violations and for the unreasonableness of continuing with the holiday. If no other arrangements are offered as per Point 13, or if the Traveller rejects the other arrangements offered under Point 13, the Traveller is entitled, in the event of a contract violation, also to make warranty and compensation claims as per Section 12 PRG without ending the Package Holiday Contract. In the event of rejection, the Traveller must demonstrate that the other arrangements offered by the Tour Operator are not similar/comparable with the contractually agreed services and/or the price reduction offered is not sufficient. If transporting people is part of the Package Holiday, the Tour Operator shall ensure, in the cases stated in this paragraph, the immediate return transport of the Traveller(s) with a comparable transport service at no additional cost to the Traveller(s).
13.6 If services cannot be performed due to unavoidable and exceptional circumstances, and if the Tour Operator does not withdraw from the Package Holiday (cf. 17.1.) but instead offers alternative services, the Traveller shall bear 100% of any additional costs arising.
14. Withdrawal of the Traveller without payment of flat rate compensation
14.1 The Traveller can withdraw from the Package Holiday Contract before the start of the Package Holiday – without having to pay flat rate compensation – in the following cases: if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, whereby this must be assessed in individual cases taking into account the content of the contract and the relevant circumstances that entail the risk, which significantly affect the operation of the Package Holiday or the transport of persons to the place of destination as per point 11. If the Traveller withdraws from the contract in these cases, (s)he shall have the right to reimbursement of all payments made for the Package Holiday but not to any additional compensation (cf. Section 10 Para. 2 PRG). This shall also apply in the cases stated in Point 11 (significant changes) and Point 13 (significant impact of the contract violation/no improvement/ unreasonableness).
14.2 The Tour Operator must be notified of the withdrawal in writing.
15. Withdrawal of the Traveller with payment of flat rate compensation
15.1 The Traveller is authorised at any time, subject to payment of flat rate compensation (cancellation fee), to withdraw from the contract. The Tour Operator must be notified of the withdrawal in writing. If the Package Holiday was booked via a travel agent, the travel agent can also be notified of this in writing. The flat rate compensation is a percentage of the Travel Price and the amount is based on the time of the withdrawal and the expected expenses and income from other use of the travel services that no longer arise.
For all types of the travel, the rates for determining the flat rate compensation per person are as follows:
20% of the Travel Price up to 28 days before the start of the holiday 30% of the Travel Price from 27 to 14 days before the start of the holiday 50% of the Travel Price from 13 to 8 days before the start of the holiday 70% of the Travel Price from 7 to 4 days before the start of the holiday 90% of the Travel Price from 3 days before the start of the holiday
The flat rate compensation may differ for individual travel products (e.g. cruises, events, congresses etc.) In this case, the conditions specified in the holiday contract shall apply.
16.1 A no-show occurs if the Traveller does not go on the holiday because (s)he lacks the will to travel or misses the trip because of an action attributable to him/her or because of something that happened by chance. If it is clear that the Traveller is no longer able or willing to make use of the remaining travel services, (s)he shall pay 90% of the Travel Price as flat rate compensation.
17. Withdrawal of the Tour Operator before the start of the Package Holiday
17.1 The Tour Operator can withdraw from the Package Holiday Contract before the start of the Package Holiday if it is prevented from fulfilling the contract due to unavoidable and exceptional circumstances and the Traveller receives the notice of withdrawal at the last delivery/contact address provided without delay, and by the start of the Package Holiday at the latest (cf. Section 10 Paragraph 3 lit b PRG).
17.2 The Tour Operator can withdraw from the Package Holiday Contract before the start of the Package Holiday if fewer people have signed up for the Package Holiday than the minimum number of participants specified in the contract, and the Traveller receives the notice of withdrawal at the last delivery/contact address provided within the time limit set in the contract, and at the latest:
20 days before the start of the Package Holiday for holidays of more than six days; 7 days before the start of the Package Holiday for holidays of between two and six days; 48 hours before the start of the Package Holiday for holidays of less than two days (cf. Section 10 Paragraph 3 lit a PRG).
17.3 If the Tour Operator withdraws from the Package Holiday Contract as per Section 17, it shall reimburse the Travel Price to the Traveller but must not pay any additional compensation.
18. Withdrawal of the Tour Operator after the start of the Package Holiday
18.1 The Tour Operator shall be released from the obligation to fulfil the contract without having to reimburse the Travel Price if the Traveller, despite receiving a warning, disrupts the operation of the Package Holiday through grossly improper behaviour (e.g. alcohol, drugs, failure to observe a smoking ban, failure to comply with specific clothing regulations, criminal behaviour, disruptive behaviour towards fellow travellers, failure to comply with the guide’s instructions e.g. regularly arriving too late etc.), with the result that the travel itinerary or fellow travellers are disturbed and to an extent that could impair the ability of third parties or fellow travellers to relax on the holiday or defeat the purpose of the trip. In such a case, the Traveller must reimburse the Tour Operator for the costs of the damage.
19. Individual risks faced by the Traveller
19.1 A Package Holiday generally involves a change in the usual surroundings. Any associated individual risks experienced by the Traveller, for example stress, sickness (e.g. due to climatic changes), tiredness (e.g. due to a humid climate), digestion problems (e.g. due to unfamiliar spices, meals etc.) and/or any risk associated with the holiday e.g. pain in the locomotor system when riding a bike, earache on diving trips, altitude sickness on holidays at high altitude, seasickness on cruises etc.) fall under the Traveller’s sphere and cannot be attributed to the Tour Operator.
19.2 If the Traveller does not make use of services properly offered to him/her for the aforementioned reasons, or if (s)he withdraws from the contract for such a reason, (s)he is not authorised to make any warranty claims or demand repayment of unclaimed parts of travel services.
20.1 If the Tour Operator or any service providers attributable to it violate the Tour Operator's obligations arising from the contractual relationship with the Traveller, at least through gross negligence, the Tour Operator undertakes to compensate the Traveller for the resulting damage.
20.2 The Tour Operator shall not be liable for any personal injury, property damage and financial losses incurred by the Traveller in relation to the booked services, if they constitute individual risks experienced by the Traveller or any general risk associated with the Package Holiday that falls under the sphere of the Traveller (cf. 19.); if the Traveller can be held accountable; if they can be attributed to a third party who is not involved in the provision of the travel services covered by the Package Holiday Contract, and the contract violation was neither foreseeable nor avoidable; or if they are due to unavoidable and extraordinary circumstances.
For property damage and financial losses experienced by the Traveller that can be traced back to unforeseeable and/or unavoidable circumstances that the Tour Operator could not have expected, as well as for excusable mistakes and negligence, the liability as per Article 14 of Guideline (EU) 2015/2302 (package holiday guidelines) in line with Section 6 Paragraph 1 Clause 9 KschG, shall be limited to three times the Travel Price.
20.3 On particularly risky holidays (e.g. biking, mountain biking or hiking holidays) the Tour Operator shall not be liable for consequences that arise when risks materialise, if this occurs outside of its area of obligations. This shall not affect the Tour Operator’s obligation to carefully prepare the Package Holiday and carefully select the individuals and companies commissioned to perform the individual travel services.
20.4 The Traveller must comply with laws and regulations, instructions and orders from on-site personnel and observes any commands and bans (e.g. route closures, swimming ban, diving ban etc.). In the event of failure to comply by the Traveller(s), the Tour Operator shall not be liable for any resulting personal injury or property damage incurred by the Traveller or third parties.
20.5 The Tour Operator shall not be liable for the performance of a service to which it did not agree or that was additionally booked locally by the Traveller himself/herself after the start of the holiday with third parties or service providers not attributable to the Tour Operator. Travellers are advised not to bring any particularly valuable items with them. They are also advised to properly store and insure any items taken with them (cf. Section 5.).
20.6 Insofar as the Montreal Convention for International Carriage by Air 2001, the Athens Protocol of 2002 to the Athens Convention for Carriage by Sea 1974, or the International Convention for the Transportation of Passengers by Rail 1980 in the 1999 version limit the extent or the conditions under which the provider of a travel service covered by a Package Holiday Contract shall provide compensation, these restrictions shall also apply to the Tour Operator (cf. Section 12 Para. 4 PRG).
20.7 In the event of loss or damage to any luggage accepted by the Tour Operator, the Tour Operator shall only be liable up to a maximum of €500 per luggage item. No liability shall be assumed for objects that are not usually carried in luggage (e.g. means of payment (particularly cash), electronic devices particularly mobile phones and computers etc.).
20.8 The Tour Operator shall not assume any liability for the transport and safekeeping of bikes and accessories belonging to the Traveller (e.g. damage and theft). Travellers may only transport their own bikes, on both a holiday and transfers, at their own risk.
21. Assertion of claims
21.1 To make it easier to assert and verify claims the Traveller shall get written confirmations of the failure to perform services, or faulty performance of services, and obtain documents, supporting evidence and witness statements.
21.2 Guarantee claims can be asserted within 2 years. Claims for compensation shall lapse after 3 years.
22. Delivery of electronic correspondence
22.1 The most recent address provided by the Traveller to the Tour Operator (e.g. e-mail address; postal address) shall be the delivery/contact address. The Traveller shall provide written notification of any changes without delay.
23. Provision of information to third parties
23.1 Information on the names of participants and the places where Travellers are staying shall not be transmitted to third parties even in urgent cases, unless the Traveller has expressly requested this and the identity of the authorised individual is disclosed at the time of booking. The Traveller shall bear any costs incurred due to the transmission of urgent messages. The Traveller is therefore advised to provide its relatives with its exact holiday address.