1 Scope of application and definitions

1.1 A tour operator is an entrepreneur who organises package tours (as defined in Section 2 (2) PRG) either directly or via another entrepreneur or together with another entrepreneur and contractually promises or offers them (cf. Section 2 (7) PRG). The tour operator shall provide its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV) with the due care of a prudent entrepreneur. An entrepreneur is any natural or legal person who has entrepreneurial status in accordance with § 1 KSchG (cf. § 2 Para. 9 PRG). In the following, tour operator means the company Saluth GmbH.

 

1.2 The General Terms and Conditions shall be deemed to have been agreed if they have been transmitted - before the traveller is bound to a contract by a contractual declaration - or if the traveller has been able to view their content. They supplement the package travel contract concluded with the traveller. If the traveller books for third parties (fellow travellers), they confirm that they have been authorised by these third parties to obtain an offer for them, to agree the general terms and conditions for them and to conclude a package travel contract for them. The traveller who makes a booking for himself or for a third party is thus deemed to be the client and assumes the obligations arising from the contract with the tour operator (payments, cancellation of the contract, etc.) in accordance with Section 7 (2) PRG, unless otherwise agreed.

 

1.3 A traveller is any person who intends to conclude a contract subject to the provisions of the Package Travel Act (e.g. package travel contract) or who is entitled to make use of travel services on the basis of such a contract.

 

1.4 The tour operator's catalogue and homepage serve merely as advertising material. The package holidays and other services presented therein do not constitute offers (cf. 2.2.).

 

1.5 A package travel contract is the contract concluded between the tour operator and the traveller for a package tour.

 

1.6 The travel price is the amount to be paid by the traveller as stated in the package travel contract.

 

1.7 A person with reduced mobility is, analogous to Art 2 lit a Regulation 1107/2006 (Rights of disabled persons and persons with reduced mobility when travelling by air), a person with a physical disability (sensory or motor, permanent or temporary) which restricts the use of elements of the package tour (e.g. use of a means of transport, accommodation) and requires the services to be agreed to be adapted to the special needs of this person.

 

1.8 Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/events outside the sphere/control of the party invoking them and whose consequences could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious security threats such as terrorism, outbreaks of serious illness, natural disasters, weather conditions that prevent safe travel, etc.) (cf. Section 2 (12) PRG).

 

1.9 The Package Travel Act and the General Terms and Conditions do not apply to package travel contracts concluded on the basis of a general agreement on the organisation of business trips (e.g. framework agreement) between two entrepreneurs.

 

2 Tasks of the tour operator

2.1 Based on the information provided by the traveller, the tour operator prepares travel proposals for the traveller. These are non-binding and are therefore not yet offers within the meaning of § 4 PRG. If no travel proposals can be created based on the information provided by the traveller (no variants, no services, etc.), the tour operator shall inform the traveller of this. The travel proposals are based on the information provided by the traveller, which is why incorrect and/or incomplete information provided by the traveller - in the absence of clarification by the traveller - may form the basis of the travel proposals. When preparing travel proposals, the price, expertise of the service provider, discounts, the best price principle and other factors may be used as parameters (without any claim to completeness).

 

2.2 If the traveller has a specific interest in one of the travel proposals submitted by the tour operator, the tour operator will prepare a travel offer based on the travel proposal in accordance with the provisions of Section 4 PRG, insofar as these are relevant to the trip. The travel offer prepared by the tour operator is binding on the tour operator. Changes to the pre-contractual information contained in the travel offer due to price and service changes are possible, provided that the tour operator has reserved the right to do so in the travel offer, informs the traveller clearly, comprehensibly and unambiguously about the changes before concluding the package travel contract and the changes are made in agreement between the traveller and the tour operator (cf. § 5 Para. 1 PRG). A contract between the tour operator and the traveller is concluded when the travel offer is accepted by the traveller (= contractual declaration by the traveller).

 

2.3 The tour operator shall advise and inform the traveller on the basis of the information provided by the traveller to the tour operator. The tour operator shall present the package tour requested by the traveller to the best of its knowledge, taking into account the customary conditions in the country of destination and any special features associated with the package tour (e.g. expedition tours). There is no obligation to provide information about generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the traveller, etc.) unless, depending on the type of package tour, there are circumstances that require separate information or unless information about circumstances is necessary for the provision and execution of the services to be agreed. In principle, it must be taken into account that the traveller consciously chooses a different environment and that the standard, facilities, food (especially spices) and hygiene are based on the respective regional standards/criteria customary for the country/place of destination. In addition, the traveller has the opportunity to read more detailed information on the customary local conditions, in particular with regard to the location, place and standard (local custom) of the services to be agreed in the catalogue or on the tour operator's website.

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2.4 The tour operator shall inform the traveller in accordance with Section 4 PRG before the traveller is bound to a package travel contract by a contractual declaration:

2.4.1. about the existence of a package holiday by means of a standard information sheet in accordance with Section 4(1) PRG. In addition, the standard information sheet for package tours - if available and printed or uploaded - can generally be viewed in the catalogue or on the tour operator's website.

2.4.2. the information listed in § 4 Para. 1 PRG, insofar as this is relevant to the package tour to be agreed and is necessary for the implementation and provision of services (e.g. in the case of a pure beach holiday, no information on sightseeing is required as in the case of study trips etc., unless these are part of the agreed services). In addition, this information - if available - can generally be found in the catalogue or on the homepage of the respective tour operator.

2.4.3 Whether the package holiday to be agreed is generally suitable for persons with reduced mobility (see 1.6.), insofar as this information is relevant for the package holiday in question (Art. 4 Para. 1 No. 1 lit. h PRG).

2.4.4. about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for the completion of health formalities (Section 4 (1) no. 6 PRG), insofar as this information is relevant to the package tour in question. Upon request, the tour operator will provide information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities, foreign exchange and customs regulations can be obtained by travellers with Austrian citizenship by selecting the desired country of destination at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities. It is assumed that a valid passport (e.g. not expired, not reported stolen or lost, etc.) is generally required for travelling abroad, the validity of which is the responsibility of the traveller. The traveller is responsible for complying with the health formalities communicated to him/her. The traveller is responsible for obtaining the necessary visa, unless the tour operator or travel agent has agreed to take care of this.

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2.5 Special requests of the traveller in the sense of customer requests (e.g. sea view) are generally non-binding and do not give rise to any legal claim as long as these requests have not been confirmed by the tour operator in the sense of a specification of the traveller in accordance with § 6 para. 2 no. 1 PRG. If a confirmation is issued, this constitutes a binding service commitment. The inclusion of customer requests by the tour operator merely represents a commitment to forward them to the specific service provider or to clarify their fulfilment and is not a legally binding commitment as long as it has not been confirmed by the tour operator.

 

2.6 If the traveller does not book directly with the tour operator (e.g. by visiting a branch, making an enquiry by telephone or email, etc.), but via a travel agent, the provisions of point 2 of these GTC shall apply to the agent.

 

3 Authorisations of the travel agent and services booked on site

3.1 Travel agents are not authorised by the tour operator to make deviating agreements, provide information or give assurances that change the agreed content of the package travel contract, go beyond the contractually agreed services of the tour operator or contradict the travel offer. Travel catalogues and internet advertisements that have not been published by the tour operator are not binding for the tour operator and its obligation to perform, unless they have been made the subject of the travel offer or the content of the tour operator's obligation to perform by express agreement between the tour operator and the traveller.

3.2 Local services booked with third parties other than 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 are not attributed to the tour operator unless these services have been expressly confirmed/authorised by the tour operator (see 20.6.).

 

4 Obligation of the traveller to provide information and cooperate

4.1 The traveller must inform the tour operator - if necessary with the help of a travel agent if the booking was made through one - of all personal (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/carriage of medication, prostheses, animals, etc.) required and relevant for the package tour in a timely, complete and truthful manner. The traveller must inform the tour operator of any personal circumstances relating to him or his fellow travellers (e.g. allergies, food intolerances, no travel experience, etc.) and of his or his fellow travellers' special needs, in particular of any limited mobility or state of health and other restrictions, which may affect his or his fellow travellers' ability to travel. the state of health and other restrictions which may be relevant for the preparation of travel offers or for the organisation or execution of a package tour with the services to be agreed (e.g. for hiking trips etc.), if necessary by providing complete qualified proof (e.g. medical certificate).

 

4.2 In the event of reduced mobility or other restrictions or special needs within the meaning of point 4.1 (e.g. need for special medication, regular medical treatment, etc.) which appear likely to impair the trip, the traveller is advised to clarify with a doctor before booking whether the necessary fitness to travel is given.

 

4.3 If the traveller's mobility is restricted in the period between the conclusion of the contract and the start of the package tour, or if other restrictions within the meaning of 4.1 arise during this period, the traveller must inform the tour operator immediately - whereby the written form is recommended for reasons of proof - so that the tour operator can decide whether the traveller can continue to participate in the package tour without endangering themselves or their fellow travellers, or whether they are entitled to exclude the traveller and withdraw from the contract. If the traveller does not fulfil their duty to provide information in full or in good time and the tour operator declares the cancellation of the contract, the tour operator is entitled to compensation in accordance with the compensation flat rates.

 

4.4 The traveller who makes a booking for himself or a third party (fellow traveller) shall be deemed to be the client and, analogously within the meaning of Section 7 (2) PRG, shall assume the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the client is entitled to withdraw from the contract, etc.), unless otherwise agreed (cf. 1.2.).

 

4.5 The traveller is obliged to check all contractual documents provided by the tour operator (e.g. package travel contract, booking confirmation, vouchers) for factual accuracy of their details/data and for any discrepancies (spelling mistakes; e.g. names, date of birth) as well as incompleteness and, in the event of inaccuracies/discrepancies/incompleteness, to notify the tour operator immediately for correction - whereby the written form is recommended for reasons of proof. Any additional expenses incurred as a result, if these additional expenses are based on incorrect or inaccurate information provided by the traveller, shall be borne by the traveller, whereby the fee shall be at least €25.

 

4.6 In the event that the contractually agreed return transport of the traveller is impossible due to unavoidable and extraordinary circumstances, the tour operator shall bear the costs of the necessary accommodation for a maximum of three nights. This does not apply to travellers with reduced mobility (as defined in Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and their fellow travellers, to pregnant travellers, to unaccompanied minors and to travellers requiring special medical care, provided that the aforementioned persons notify the tour operator of their special needs, which did not exist at the time of booking or of which they did not need to be aware, 48 hours before the start of the trip (see 4.3.).

 

4.7 In accordance with § 11 Para. 2 PRG, the traveller must report any lack of conformity of the agreed travel services perceived by him/her immediately and in full, including a specific description of the lack of conformity/defect, so that the tour operator can be put in a position to remedy the lack of conformity - insofar as this is possible or feasible depending on the individual case - taking into account the respective circumstances (e.g. time difference, impossibility of contact in the case of expedition travel, etc.). This enables the tour operator to rectify the breach of contract on the spot - if this is possible or feasible in each individual case - taking into account the respective circumstances (e.g. time difference, inability to contact the organiser in the case of expedition travel, availability of an alternative or replacement/improvement option, etc.) and any associated costs (e.g. cleaning a replacement room, finding a replacement hotel, etc.). If the traveller books through a travel agent and a lack of conformity occurs during the business hours of the travel agent, the traveller must report the lack of conformity to the travel agent. The traveller is advised to do so in writing, particularly for reasons of proof. Outside normal business hours, the traveller must report any lack of conformity to the tour operator's local representative or, if no such representative is available and/or not contractually required, directly to the tour operator on the emergency number provided in the package travel contract. In the event of failure to report a lack of conformity, this has an effect on any warranty claims of the traveller if a remedy would have been possible on site and a report would also have been reasonable. Failure to report can also be counted as contributory negligence (§ 1304 ABGB) in accordance with § 12 Para. 2 PRG with regard to claims for damages. Notification of a lack of conformity does not constitute a promise of performance by the tour operator.

 

4.8 The traveller is obliged to pay the travel price agreed in the package travel contract in full and on time in accordance with the payment terms. In the event of late or incomplete down payment or payment of the balance, the tour operator reserves the right, after issuing a reminder and setting a grace period, to declare cancellation of the contract and to claim any additional compensation, irrespective of the flat-rate compensation due.

 

4.9 In the event of the assertion and receipt of payments from claims for damages or price reductions within the meaning of § 12 Para. 5 PRG (e.g. The traveller must fully and truthfully inform the travel agent or tour operator of this circumstance in the event of the assertion and receipt of any other payments and services from service providers or third parties that are to be offset against the traveller's claims for damages or price reductions against the tour operator (e.g. payments from the hotel).

 

4.10. The traveller has a duty to mitigate damages in the event of a breach of contract (§ 1304 ABGB).

 

5 Insurance

5.1 When travelling, it is important to note that no valuable items, important documents etc. should be taken along. In the case of important documents, it is recommended that copies be made and used - insofar as their use is permitted. The theft of valuables cannot be ruled out and must always be borne by the traveller themselves as a realisation of the general risk of life.

 

5.2 It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, travel liability insurance, foreign travel health insurance, and mountain rescue insurance, etc.) which guarantees sufficient cover from the date of the package travel contract until the end of the package tour.

 

6 Booking/conclusion of contract/down payment

6.1 The package travel contract is concluded between the traveller and the tour operator if there is agreement on the essential elements of the contract (price, service and date) and the traveller accepts the tour operator's offer. This results in rights and obligations for the tour operator and the traveller.

6.2 Unless otherwise agreed, the traveller must transfer a deposit of 20% of the tour price to the account specified in the package travel contract within 10 days of receipt of the package travel contract, but no earlier than 11 months before the end of the package tour.

 

6.3 If a contract is concluded within 20 days prior to departure, the entire price of the holiday must be transferred immediately upon receipt of the package travel contract to the account specified therein.

 

6.4 If the traveller fails to meet their payment obligations in accordance with 6.2 or 6.3, the tour operator reserves the right, after issuing a reminder and setting a deadline, to withdraw from the contract and demand compensation in accordance with the flat-rate compensation rates.

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7 Persons with reduced mobility

7.1 Whether a package holiday is specifically suitable for persons with reduced mobility must be clarified on a case-by-case basis, taking into account the type and extent of the reduced mobility, the nature of the package holiday, the country/destination, the means of transport and the accommodation. Persons with reduced mobility must therefore ask the tour operator whether the desired package holiday is suitable for them in the specific case. The suitability of a package holiday for persons with reduced mobility in a specific case does not mean that all services included in the package travel contract can be used by the person with reduced mobility without restriction (e.g. a hotel complex may have suitable rooms and other areas for persons with reduced mobility. However, this does not mean that the entire facility (e.g. use of the pool, etc.) is suitable for persons with reduced mobility). If a person with reduced mobility books a suitable package holiday, the tour operator will keep a handicap log. This forms the basis of the package holiday contract to be concluded.

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7.2 The tour operator may refuse the booking of a package tour by a person with reduced mobility if the tour operator and/or one of its agents (e.g. hotel, airline, etc.), after a careful assessment of the specific requirements and needs of the traveller, concludes that the traveller cannot be transported/accommodated safely and in accordance with safety regulations or considers that the specific package tour is not suitable for the traveller.

 

7.3 The tour operator and/or one of its agents (e.g. airline, hotel, etc.) reserves the right to refuse to transport/accommodate a traveller who has failed to sufficiently inform the tour operator of their reduced mobility and/or special needs in accordance with 4.1 and/or 4.3 of the GTC, thereby enabling the tour operator and/or agent to assess the possibility of safe and organisationally practicable transport/accommodation.

 

7.4 The tour operator reserves the right to refuse participation in the package tour for safety reasons to travellers who, in the opinion of the tour operator and/or one of its vicarious agents (e.g. airline, hotel, etc.), are not fit to travel or are not suitable for the package tour due to the itinerary, travel destination, etc., or represent a danger to themselves or others during the package tour.

 

8 Package travel contract

8.1 The traveller shall receive a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, email) upon conclusion of a package travel contract or immediately thereafter. If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded outside of business premises within the meaning of § 3 Z 1 FAGG, the traveller agrees to receive the copy or confirmation of the package travel contract alternatively on another durable medium (e.g. email).

8.2 Unless otherwise agreed, the traveller shall be provided with the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned estimated departure times and, if applicable, on scheduled stopovers, connections and arrival times at the last delivery/contact address provided by the traveller in good time before the start of the package tour. If the aforementioned documents/documents contain inaccuracies/discrepancies/incompleteness within the meaning of 4.5, the traveller must contact the travel agent or tour operator (cf. 4.5.).

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9. Substitute person

9.1 In accordance with § 7 PRG, the traveller has the right to transfer the package travel contract to another person who fulfils all contractual conditions and is also suitable for the package tour (criteria may include, for example, gender, (non-)pregnancy, state of health, required vaccinations/sufficient vaccination protection, special knowledge and skills, visas, valid entry documents, absence of an entry ban, etc.). If the other person does not fulfil all contractual conditions or is not suitable for the package tour, the tour operator may object to the transfer of the contract. The tour operator must be informed of the transfer of the contract on a durable medium (e.g. paper, email) within a reasonable period of 14 days, but no later than seven days before the start of the tour. A minimum manipulation fee of €50 must be paid for the transfer of the package travel contract, unless additional costs are incurred. The traveller transferring the package travel contract and the person entering into the contract are jointly and severally liable to the tour operator for the outstanding amount of the travel price and the minimum manipulation fee, as well as for any additional costs incurred.

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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 charge accordingly. If this results in additional costs, these will be charged to the traveller (analogous to § 7 Para. 2 PRG).

 

10 Price changes before the start of the trip

10.1 The tour operator reserves the right in the package travel contract to make price changes after conclusion of the package travel contract up to 20 days before the start of the package tour at the latest. The tour operator shall inform the traveller of the price increase (including calculation) in a clear, comprehensible and unambiguous manner on a durable medium (e.g. paper, email) at least 20 days before the start of the package tour, stating the reasons.

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10.2 Price changes are permitted if the following costs change after conclusion of the contract:

1) Costs for passenger transport due to the cost of fuel or other energy sources;

2) the amount of taxes and duties payable for the contractually agreed travel services, such as sojourn taxes, landing fees, embarkation or disembarkation fees in harbours, corresponding fees at airports and fees for services in harbours or airports;

3) the exchange rates applicable to the package holiday.

Price changes may result in price increases or price reductions. With regard to 1), any change in the price of the holiday corresponds to the additional amount charged by the service provider for the bus, train or flight or 20% of the price of the holiday per dollar corresponds to the increase in the price of a barrel of fuel (NY-MEX Index); with regard to 2), any change in the price of the holiday corresponds to the full amount of the fees; with regard to 3), any change in the price of the holiday corresponds to the change in the exchange rates. In the event of price reductions, the traveller will be reimbursed the amount of the price reduction. However, the tour operator may deduct actual administrative expenses from this amount. At the request of the traveller, the tour operator shall provide evidence of these administrative expenses.

 

10.3 In the event of an increase of more than 8% of the travel price (within the meaning of § 8 PRG), 11.4 shall apply. The traveller has the choice of accepting the increase as an amendment to the contract, agreeing to participate in a replacement trip - if this is offered - or withdrawing from the contract without being obliged to pay a flat-rate compensation fee. Insurance premiums already paid cannot be refunded to the traveller.

 

11 Changes to the service before the start of the trip

11.1 The tour operator may make insignificant changes to services before the start of the tour, provided that it has reserved this right in the contract. The tour operator or travel agent, if the package tour was booked through one, shall inform the traveller of the changes clearly, comprehensibly and unambiguously on a durable medium (e.g. paper, email) at the address last provided by the traveller.

 

11.2 Insignificant changes are - whereby this must be checked in each individual case - minor, objectively justified changes that do not significantly change the character and/or the duration and/or the service content and/or the quality of the booked package holiday.

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11.3 Significant changes may involve a considerable reduction in the quality or value of travel services that the tour operator is forced to make if the changes affect essential characteristics of the travel services and/or have an impact on the package tour and/or the handling of the tour. Whether a change or reduction in the quality or value of travel services is significant must be assessed on a case-by-case basis, taking into account the type, duration, purpose and price of the package holiday as well as the intensity, duration and causality of the change and, if applicable, the blameworthiness of the circumstances that led to the change.

 

11.4 If the tour operator is forced to make significant changes in accordance with § 9 Para. 2 PRG to the above-mentioned essential characteristics of the travel services that constitute the character and purpose of the package tour (cf. § 4 Para. 1 No. 1 PRG), or if it is unable to fulfil the traveller's requirements that have been expressly confirmed by the tour operator, or if it increases the total price of the package tour by more than 8 % in accordance with the provisions of § 8 PRG, the traveller can

- agree to the proposed changes within a reasonable period set by the tour operator, or

- agree to participate in a substitute trip, provided this is offered by the tour operator, or

- withdraw from the contract without paying compensation.

The tour operator shall therefore inform the traveller of the following points in a clear, comprehensible and unambiguous manner on a durable medium (e.g. paper, email) at the last address provided by the traveller in the cases just mentioned:

- the changes to the travel services and, where applicable, their impact on the price of the package holiday

- the reasonable period within which the traveller must inform the tour operator of their decision and the legal effect of not making a declaration within the reasonable period,

- where applicable, the package holiday offered as a replacement and its price.

The traveller is advised to make their declaration in writing. If the traveller does not make a declaration within the deadline, this shall be deemed to be consent to the changes.

 

12. Itinerary/changes

12.1 Due to environmental and weather influences (e.g. rain, wind, avalanches, mudslides etc.), natural disasters (e.g. earthquakes, floods, hurricanes etc.), border closures, government orders, traffic jams, flight time changes, terrorist attacks, power failures, short-term changes to opening hours etc., individual components of the trip may not be usable for a limited period of time or even for the entire travel period. In such cases, the tour operator will endeavour to offer equivalent alternatives. However, it should be noted that, particularly in winter, ski areas may be closed at short notice due to weather conditions, avalanche warnings or other weather conditions, over which the tour operator has no influence.

 

13 Warranty

13.1 If there is a lack of conformity because an agreed travel service has not been provided or has been provided inadequately (= in breach of contract), the tour operator shall remedy the lack of conformity, provided that the traveller or their fellow travellers (e.g. family members) do not cause it themselves and/or do not breach their duty to cooperate and/or the traveller does not frustrate the remedy and/or the remedy would not be impossible or involve disproportionate costs. The traveller must set the tour operator a reasonable deadline for remedying the lack of conformity, whereby the reasonableness of the deadline must be assessed on a case-by-case basis, based on the type/purpose/duration of the package tour, the reported lack of conformity, the time of notification (e.g. late in the evening etc.), as well as the time resources required for replacement procurement, e.g. of an object (relocation etc.). A deadline must be set with the tour operator's representative on site or, if such a representative is not available and/or not contractually owed, with the tour operator using the emergency number provided in the package travel contract.

 

13.2 If the traveller fails to comply with his obligation to notify in accordance with point 4.7 or his obligation to cooperate (e.g. to view an alternative room offered by the tour operator or to pack his suitcases for a room change, etc.) or if he sets the tour operator an unreasonably short deadline to remedy the lack of conformity or if he does not support the tour operator within reasonable limits. If the traveller sets the tour operator an unreasonably short deadline for remedying the lack of conformity or does not support the tour operator within reasonable limits in remedying the lack of conformity or refuses, without legal grounds, the replacement services offered by the tour operator to remedy the lack of conformity, the traveller must bear the adverse legal consequences (cf. point 4.7.).

 

13.3 If the tour operator does not remedy the lack of conformity within a reasonable period of time, the traveller may remedy the situation himself and demand reimbursement of the necessary expenses from the tour operator (cf. § 11 para. 4 PRG). The principle of the duty to minimise damage applies, i.e. the damage incurred (e.g. costs for substitute performance) must be kept to a minimum, whereby the duration, value and purpose of the trip must be taken into account. In addition, an objective view of the lack of conformity must be taken.

 

13.4 If a significant part of the agreed travel services cannot be provided in accordance with the contract, the tour operator shall offer the traveller, at no additional cost, if this is possible due to the circumstances and conditions (on site) (impossibility, for example if only one hotel in the booked category is available), the tour operator shall offer the traveller reasonable alternative arrangements (replacement service) for the continuation of the package tour, which, if possible, are of equal or higher quality than the contractually agreed services; if the alternative arrangements offered by the tour operator may result in a lower quality of the package tour compared to the contractually agreed services (e.g. studio instead of 2-room flat), the tour operator shall grant the traveller a reasonable price reduction. The traveller may only reject the proposed other arrangements if they are not comparable with the services agreed in the package travel contract or if the price reduction granted is not reasonable. In the event of rejection, the traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient.

 

13.5 If the lack of conformity within the meaning of point 11.3. has a significant impact on the performance of the package tour and the tour operator does not remedy the lack of conformity within a reasonable period set by the traveller, taking into account the circumstances and lack of conformity (see 13.1. ) set by the traveller, the traveller may withdraw from the package travel contract without payment of compensation and, if necessary, assert claims under warranty and compensation law in accordance with § 12 PRG, provided that the continuation of the package tour is not reasonable for the average traveller. If the traveller withdraws from the package travel contract, they should be aware that this involves a certain risk, as both the materiality of the effects of the lack of conformity and the reasonableness of continuing the trip must be assessed in the subjective individual case (by a judge) and the result of this assessment may differ from the traveller's perception. If no other arrangements can be offered in accordance with point 13.4. or if the traveller rejects the other arrangements offered in accordance with 13.4., the traveller shall be entitled to warranty and compensation claims in accordance with § 12 PRG even without termination of the package travel contract in the event of a breach of contract. In the event of refusal, the traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient. If the transport of persons is part of the package tour, the tour operator shall also ensure the immediate return transport of the traveller with an equivalent transport service at no additional cost to the traveller in the cases specified in this paragraph.

 

13.6 If services cannot be provided due to unavoidable and extraordinary circumstances and the tour operator nevertheless does not withdraw from the package tour (see 17.1.) but offers substitute services, 20% of any additional costs incurred as a result shall be borne by the traveller.

 

14 Cancellation by the traveller without payment of a flat-rate compensation fee

14.1 The traveller may withdraw from the package travel contract before the start of the package tour - without paying a flat-rate compensation fee - in the following cases:

14.1.1.If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, whereby this is to be assessed on a case-by-case basis, taking into account the content of the contract and the impact of the relevant circumstance which entails the risk, which significantly impair the performance of the package tour or the transport of persons to the destination within the meaning of 11.3. If the traveller withdraws from the contract in such cases, he/she is entitled to a full refund of all payments made for the package tour, but not to additional compensation (cf. § 10 Para. 2 PRG).

14.1.2 In the cases of point 11.4, the cancellation must be declared to the tour operator - whereby the written form is recommended for reasons of provability.

 

14.2 The traveller may withdraw from the package travel contract after the start of the package tour in the cases specified in point 13.5 - without paying a flat-rate compensation fee.

 

15 Cancellation by the traveller with payment of a flat-rate compensation fee

15.1 The traveller is entitled to withdraw from the contract at any time against payment of a flat-rate compensation fee (cancellation fee). Cancellation must be declared to the tour operator - whereby the written form is recommended for reasons of provability. If the package tour was booked via a travel agent, the cancellation can also be declared to the travel agent. The traveller is advised to declare the cancellation on a durable medium (e.g. paper, email).

 

15.2 The compensation lump sum is a percentage of the travel price and the amount depends on the time of the cancellation declaration as well as the expected saved expenses and income from other use of the travel services. If the flat-rate compensation is unreasonable, it may be reduced by the court.

 

15.3 Depending on the type of package holiday, the following compensation lump sums apply per person: 20% of the travel price

 

16 No-show

16.1 No-show exists if the traveller fails to depart because he/she lacks the will to travel or if he/she fails to depart due to an act attributable to him/her or due to a coincidence that has happened to him/her. If it is also clear that the traveller can no longer or no longer wishes to make use of the remaining travel services, he must pay the following flat-rate compensation: 80%.

 

17 Cancellation by the tour operator before the start of the trip

17.1 The tour operator may withdraw from the package travel contract before the start of the package tour if it is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and its declaration of withdrawal is received by the traveller at the last delivery/contact address provided by the traveller without delay, at the latest before the start of the package tour (see Section 10(3)(b) PRG).

17.2. The tour operator may withdraw from the package travel contract before the start of the package tour if fewer people than the minimum number of participants specified in the contract have registered for the package tour and the tour operator's declaration of withdrawal is sent to the traveller at the last delivery/contact address specified by the traveller within the period specified in the contract, but no later than: a) 20 days before the start of the package tour for trips lasting more than six days, b) seven days before the start of the package tour for trips lasting between two and six days, c) 48 hours before the start of the package tour for trips lasting less than two days (cf. § 10 Para. 3 lit a PRG).

 

17.3 If the tour operator cancels the package travel contract in accordance with 17.1 or 17.2, it shall reimburse the traveller the travel price, but shall not be obliged to pay any additional compensation.

 

18 Cancellation by the tour operator after the start of the package tour

18.1 The tour operator is released from the obligation to fulfil the contract without any obligation to refund the tour price if the traveller disrupts the performance of the package tour through grossly improper behaviour (e.g. alcohol, drugs, non-compliance with a smoking ban, disruptive behaviour towards fellow travellers, non-compliance with the tour guide's instructions, e.g. regular lateness, etc.), regardless of a warning. The traveller shall be liable for any damage caused by the tour guide's instructions (e.g. regular lateness, etc.), regardless of a warning, so that the course of the trip or fellow travellers are disrupted and hindered to such an extent that the holiday relaxation of third parties or fellow travellers is impaired or the purpose of the trip is frustrated. In such a case, the traveller is obliged to compensate the tour operator for the damage.

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19 General life risk of the traveller

19.1 A package holiday generally entails a change in the traveller's familiar surroundings.  The traveller is responsible for any risks associated with the trip, such as (without claiming to be exhaustive) earaches on diving trips, altitude sickness on trips to high altitudes, seasickness on cruises and much more, and these are not the responsibility of the tour operator.

 

19.2 If the traveller does not make use of services that have been duly offered to him for the above-mentioned reasons or if he declares his withdrawal from the contract for such a reason, he is not entitled to assert warranty claims or reclaim parts of travel services that have not been used.

 

20 Liability

20.1 If the tour operator or service providers attributable to the tour operator culpably violate the obligations incumbent on the tour operator from the contractual relationship with the traveller, the tour operator is obliged to compensate the traveller for the resulting damage.

 

20.2 The tour operator is not liable for personal injury, property damage and financial losses incurred by the traveller in connection with booked services, provided that they

20.2.1. represent a realisation of the traveller's general life risk or any general risk associated with the package tour that falls within the sphere of the traveller (see 19.)

20.2.2.are attributable to the traveller's fault;

20.2.3.are attributable to a third party who is not involved in the provision of the travel services covered by the package travel contract and the lack of conformity was neither foreseeable nor avoidable; or 20.2.4.are attributable to unavoidable and exceptional circumstances.

 

20.3 For property damage and financial loss suffered by the traveller due to unforeseeable and/or unavoidable circumstances that the tour operator could not have anticipated, as well as for excusable errors up to and including negligence, liability shall be limited to three times the travel price on the basis of Art 13 of Directive (EU) 2015/2302 (Package Travel Directive) in accordance with Section 6 (1) no. 9 KschG.

 

20.4 In the case of trips with special risks (e.g. skiing), the tour operator shall not be liable for the consequences that arise in the course of the realisation of the risks if this occurs outside its sphere of responsibility. The tour operator's obligation to carefully prepare the package tour and to carefully select the persons and companies commissioned to provide the individual travel services remains unaffected.

 

20.5 The traveller must comply with laws and regulations, instructions and orders of the local staff, as well as commands and prohibitions (e.g. slope closures due to avalanche danger, etc.). In the event of non-compliance by the traveller, the tour operator shall not be liable for any resulting personal injury or property damage to the traveller or personal injury or property damage to third parties.

 

20.6 The tour operator is not liable for the provision of a service which has not been promised by the tour operator or which has been additionally booked by the traveller himself on site with third parties or service providers not attributable to the tour operator after the start of the trip.

 

20.7 The traveller is advised not to take any items of special value with them. Furthermore, it is recommended that any items taken along are properly stored or insured (see 5.1.). 20.8 Insofar as the Montreal Convention on International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention on Carriage by Sea 1974 or the Convention concerning International Carriage by Rail 1980 as amended in 1999 restrict the scope of compensation or the conditions under which a provider of a travel service covered by the package travel contract must pay compensation, these restrictions also apply to the tour operator (cf. § 12 Para. 4 PRG).

 

21 Assertion of claims

21.1 In order to facilitate the assertion and verification of alleged claims, the traveller is advised to obtain written confirmation of the non-provision or defective provision of services or to secure receipts, evidence and witness statements.

 

21.2 Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.

 

21.3 In the interests of the traveller, it is advisable to assert claims directly with the tour operator or via the travel agent immediately after returning from the package tour, as increasing delays can lead to difficulties in providing evidence.

22 Delivery - electronic correspondence

22.1 The last address provided to the tour operator (e.g. email address) shall be deemed to be the traveller's delivery/contact address. Any changes must be notified by the traveller without delay. The traveller is advised to do so in writing.

 

23. provision of information to third parties

23.1 Information about the names of travellers and the whereabouts of travellers shall not be provided to third parties, even in urgent cases, unless the traveller has expressly requested the provision of information and the authorised party is disclosed at the time of booking. The costs arising from the transmission of urgent messages shall be borne by the traveller. Travellers are therefore advised to inform their relatives of their exact holiday address.