General travel regulations

For travel apply some
legal requirements.

General travel regulations

For bookings of our trips, from the RETTER Sports travel offer, the Directive (EU) 2015/2302 of the European Parliament, as well as the Federal Law on Package Travel and Related Travel Services (Package Travel Act - PRG) BGBl. I No. 50/2017 apply.

The GTC are shown below. RETTER GmbH may act as an intermediary (Section A) and/or as an organizer (Section B).

The intermediary assumes the obligation to make efforts to procure a claim to services of others (organizer, transport company, hotelier, etc.).

The organizer is the company that either offers several tourist services at a package price (package tour/travel event) or promises to provide individual tourist services as its own services and generally provides its own brochures, invitations to tender, etc. for this purpose.

A company that acts as a tour operator can also act as an intermediary if outside services are arranged (e.g. optional excursion at the vacation destination), provided that it indicates this intermediary function.

The following terms and conditions represent the contractual text for which travel agencies usually conclude contracts with their customers/travelers (note: in the sense of the PRG) as intermediaries (section A) or as organizers (section B).

In accordance with the Package Travel Ordinance, RETTER GmbH, Winzendorf 144, 8225 Pöllau Gewerbeinformationssystem Austria as well as in the travel insolvency protection register. Travel service exercise authorization on https://www.gisa.gv.at/abfrage under the GISA number 20012137. Guarantor: Raiffeisen Landesbank Steiermark, Kaiserfeldgasse 5, 8010 Graz, Guarantee NR: 10-70.121.132. Settler: Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, Tel: 01/3172500. Claims must be reported to the settler within 8 weeks. Deposit 25%. Final payment from 20 days before departure. The ARB 1992 in the latest valid version apply. Prices are subject to change without notice. Passport/visa/health information available at: www.bmeia.gv.at/reise-aufenthalt/reiseinformation.

A. THE TRAVEL AGENCY AS INTERMEDIARY

The following terms and conditions are the basis of the contract (agency contract) that customers conclude with an intermediary.

1. scope

1.1 The travel agent mediates travel contracts for individual travel services (such as flight, hotel, etc.), for package tours (as defined by § 2 para 2 PRG) as well as for associated travel services (as defined by § 2 para 5 PRG) between the tour operator or service provider on the one hand and the traveler on the other hand. The travel agent provides his services in accordance with the legal provisions, in particular the Package Travel Act (PRG), as well as the Package Travel Ordinance (PRV) with the diligence of a prudent businessman.

In the following, travel agent means the company RETTER GmbH.

1.2 The General Terms and Conditions are deemed to be agreed upon if they have been transmitted - before the traveler is bound to a contract by a contractual statement - or if the traveler has been able to view their contents and are the basis of the agency agreement concluded between the travel agent and the traveler.

1.3 The present General Terms and Conditions shall apply to the agency contract (cf. item 1.2). For contractual relationships between the traveler and the mediated tour operator, the mediated transport companies (e.g. train, bus, plane and ship, etc.) and other mediated service providers, the respective general terms and conditions apply.

2. tasks of the travel agent

2.1 Based on the information provided by the traveler, the travel agent shall prepare travel proposals for the traveler. These are non-binding and are therefore not yet offers within the meaning of § 4 PRG. If no travel suggestions can be made based on the information provided by the traveler, the travel agent will point this out to the traveler. The travel proposals are based on the information provided by the traveler, which is why incorrect and/or incomplete information provided by the traveler - in the absence of clarification by the traveler - may form the basis of the travel proposals. When making travel suggestions, for example (without any claim to completeness), the amount of the price, expertise of the tour operator/service provider, discounts, the best price principle and others may be used as parameters.

2.2 If the traveler has a concrete interest in one of the travel proposals submitted to him by the travel agent, then the travel agent shall prepare a travel offer on the basis of the travel proposal on behalf of the tour operator in accordance with the requirements of § 4 PRG, insofar as these are relevant for the trip. The travel offer prepared by the travel agent binds the tour operator or, in the case of connected travel services or individual travel services, the service provider. A contract between the tour operator or, in the case of associated travel services or individual travel services, between the service provider and the traveler is concluded when the travel offer is accepted by the traveler (= declaration of contract by the traveler, cf. 1.3).

2.3 The travel agent advises and informs the traveler on the basis of the information provided by the traveler to the travel agent. The travel agent presents the package tour of the tour operator to be arranged for the traveler according to the traveler's information or, in the case of associated travel services or individual travel services, the service of the service provider to the best of his knowledge, taking into account the customary conditions of the respective destination country/place of destination as well as taking into account any special features associated with the trip (e.g. expedition trips). There is no obligation to provide information about generally known conditions (e.g. topography, climate, flora and fauna of the destination requested by the traveler), unless, depending on the type of trip, there are circumstances that require separate clarification or unless the clarification about conditions is necessary for the provision and the course or performance of the service to be arranged. In principle, it must be taken into account that the traveler consciously chooses a different environment, and the standard, furnishings, food (especially spices) and hygiene are based on the respective regional standards / criteria common for the destination country / place.

2.4 The travel agent shall inform the traveler in accordance with § 4 PRG before the traveler is bound to a package travel contract by a contractual declaration:

2.4.1 About the existence of a package tour by means of a standard information sheet pursuant to § 4 para 1 PRG.

2.4.2 About the information listed in § 4 para 1 PRG, insofar as this is relevant for the package tour to be arranged and necessary for the implementation and provision of services.

2.4.3 Whether the package tour to be arranged for the traveler is generally suitable for persons with reduced mobility, provided that this information is relevant for the package tour in question (Art. 4 par. 1 fig. 1 lit h PRG). A person with reduced mobility is, by analogy to Art 2 lit a of 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 (e.g. use of a means of transport, accommodation) and requires the services to be arranged to be adapted to the special needs of that person.

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 (§ 4 Abs 1 Z 6 PRG), provided that this information is relevant for the package tour in question. Upon request, the travel agent shall provide information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities and foreign exchange and customs regulations can be obtained by travelers with Austrian citizenship by selecting the desired destination country at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities. It is assumed to be known that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is generally required for travel abroad, and the traveler is responsible for its validity. The traveler is responsible for complying with any health formalities communicated to him/her. The traveler is responsible for obtaining any necessary visa, unless the travel agent has agreed to provide one.

2.5 The travel agent shall inform the traveler, before the traveler is bound by a contractual statement, according to § 15 para 1 PRG in the case of linked travel services, that the traveler cannot claim any rights that apply exclusively to package tours and that each service provider is only liable for the contractual performance of its service and that the traveler benefits from the insolvency protection according to the Package Travel Ordinance. Pursuant to Section 15 (2) of the PRG, the travel agent complies with this duty to provide information if he or she provides the relevant standard information sheet pursuant to PRG Annex II, provided that the type of related travel services is covered by one of these standard information sheets.

2.6 Special requests of the traveler in the sense of customer wishes (e.g. sea view) are generally non-binding and do not give rise to a legal claim as long as these requests have not been confirmed by the tour operator in the case of package tours in the sense of a specification of the traveler according to § 6 para 2 Z1 PRG or in the case of linked travel services or individual travel services in the sense of a specification of the traveler by the service provider. If confirmation is given, a binding service commitment exists. The declarations of the travel agent represent a commitment to forward the wishes of the traveler to the tour operator/concrete service provider and are not a legally binding commitment as long as they have not been confirmed by the tour operator or, in the case of connected travel services or individual travel services, by the service provider.

3. the traveler's duty to inform and cooperate

3.1 The traveler must provide the travel agent with all personal (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/transfer of medications, prostheses, animals, etc.) required and relevant for the trip in a timely, complete and truthful manner. The traveler must inform the travel agent of all personal circumstances or those of fellow travelers (e.g. allergies, food intolerance, no travel experience, etc.), and of his or his fellow travelers' special needs, in particular of any existing limited mobility or state of health and other restrictions that may be relevant for the preparation of travel proposals/travel offers or for the execution of the trip and travel services (e.g. for hiking trips, etc.).

3.2 In the event of limited mobility or other restrictions or special needs as defined in section 3.1 (e.g. the need for special medication, regular medical treatment, etc.), which appear likely to impair the trip, the traveler is advised to check with a doctor before booking whether the necessary fitness to travel is given.

3.3 If a restriction of the mobility of the traveler occurs only in the period between the conclusion of the contract and the start of the trip or if other restrictions in the sense of 3.1. arise in this period, the traveler must inform the travel agent immediately - whereby the written form is recommended for reasons of evidence - so that the travel agent can inform the tour operator or, in the case of associated travel services or individual travel services, the service provider accordingly.

3.4 The traveler who has a booking made for him/herself or for a third party by the travel agent shall be deemed to be the principal and shall, by analogy, assume the obligations arising from the agency agreement vis-à-vis the travel agent (e.g. payment of the fee, etc.) within the meaning of § 7 para 2 PRG, unless otherwise agreed.

3.5 The traveler is obligated to check all contractual documents (e.g. package tour contract, booking confirmation, vouchers, vouchers) transmitted through the intermediary of the travel agent for factual accuracy to his information/data and for any discrepancies (spelling mistakes; e.g. name, date of birth) as well as incompleteness and in case of inaccuracies/discrepancies/incompleteness to notify the tour operator immediately for correction - whereby the written form is recommended for reasons of evidence.

3.6 So that passengers 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, pregnant travellers, unaccompanied minors and travellers requiring special medical assistance, the limited obligation of the tour operator to bear the costs of the necessary accommodation in the event of return transport not being possible due to unavoidable and extraordinary circumstances does not apply, the travellers concerned must inform the tour operator or travel agent of their special needs at least 48 hours before the start of the journey (§ 11 para 8 PRG).

3.7 Pursuant to § 11 para 2 PRG, the traveler has to report any perceived lack of conformity of the agreed travel services immediately and completely, taking into account the respective circumstances, including a concrete description of the lack of conformity/defect, so that the tour operator can be put in a position to remedy the lack of conformity - if this is possible or feasible depending on the individual case - taking into account the respective circumstances (e.g. time difference, impossibility to contact in the case of expedition trips, etc.) and any associated effort (e.g. time delay, impossibility to contact in the case of expedition trips).time difference, impossibility of contact in the case of an expedition trip, availability of an alternative or an exchange/improvement option, etc.) and the effort involved (e.g. cleaning a replacement room, finding a replacement hotel). If a lack of conformity occurs during the normal business hours of the travel agent through whom the package tour was booked, the traveler must report the lack of conformity to him. The traveler is recommended to use the written form, especially for reasons of evidence. Outside normal business hours, the traveler shall report any lack of conformity to the tour operator's representative on site or, if such a representative is not available and/or is not contractually owed, directly to the tour operator at the emergency number provided in the package tour contract. In the event of failure to report a breach of contract, this will affect any warranty claims of the traveler, if remedy on site would have been possible and a report would also have been reasonable. The failure to report a lack of conformity can also be considered as contributory negligence (§ 1304 ABGB) with regard to claims for damages pursuant to § 12 para 2 PRG. Notification of a lack of conformity with the contract does not constitute a commitment to perform on the part of the tour operator.

3.8 The traveler is obligated to pay the fees agreed upon in the contract on time and in full according to the payment terms. The traveler indemnifies the travel agent for the damage incurred by the travel agent in case of non-payment (advance payments of the travel agent).

3.9 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. compensation pursuant to Art. 7 of the Air Passenger Rights Regulation) or in case of receipt of other payments and services from service providers or third parties, which are to be credited against the traveler's claims for damages or price reductions against the tour operator (e.g. payments from the hotel), the travel agent or tour operator shall be informed of this circumstance completely and truthfully.

4. insurance

4.1 As a general rule, it should be noted when traveling on vacation that no valuable items, important documents, etc. should be taken along. In the case of important documents, the making and use of copies - insofar as their use is permitted - is recommended. Theft of valuables cannot be ruled out and is to be borne by the traveler himself, as a realization of the general risk of life.

4.2 It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, foreign travel health insurance, delay protection, personal protection, etc.), which guarantees sufficient coverage from the date of the package travel contract until the end of the package travel. The traveler can find more detailed information on insurance on the RETTER Sports website.

5. package travel contract

5.1 The traveler shall receive a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, e-mail) 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 traveler is entitled to a paper copy. In the case of contracts concluded away from business premises within the meaning of Section 3(1) FAGG, the traveler agrees to be provided with the copy or confirmation of the package travel contract alternatively on another durable data medium (e.g. e-mail).

5.2 The traveler will be provided with the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned anticipated departure times and, if applicable, on scheduled stopovers, connecting flights and arrival times at the last delivery/contact address provided by the traveler in good time before the start of the package tour, unless otherwise agreed. If the documents/documents just mentioned show any inaccuracies/discrepancies/incompleteness in the sense of 3.5, the traveler must contact the travel agent or tour operator (cf. 3.5.).

6. price changes before the start of the trip

6.1 The travel agent shall inform the traveler at the address he/she last provided in a clear, comprehensible and unambiguous manner on a permanent data carrier (e.g. paper, email) about price changes within the meaning of § 8 PRG, which the tour operator has reserved for itself in the package travel contract, no later than 20 days before the start of the package travel, stating the reasons for the price change.

7. changes in the service before the start of the trip

7.1 The travel intermediary shall inform the traveler at the address last notified by him in a clear, comprehensible and unambiguous manner on a durable medium (e.g. paper, email) about insignificant changes to the content of the package travel contract reserved by the tour operator in the package travel contract and made unilaterally in accordance with § 9 para 1 PRG.

7.2 Insignificant changes are - whereby this is to 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 tour.

7.3 Significant changes can be a significant reduction in the quality or value of travel services, which the tour operator is forced to make, if the changes affect essential characteristics of the travel services and/or have an influence on the package and/or travel arrangements. Whether a change or reduction in the quality or value of travel services is substantial must be assessed on a case-by-case basis, taking into account the nature, duration, purpose and price of the package tour, as well as the intensity and duration and causality of the change and, if applicable, the reproachability of the circumstances that led to the change.

7.4 If the tour operator is forced to make significant changes in the above sense of those essential features of the travel services that constitute the character and purpose of the package (cf. 4 para 1 no. 1 PRG) in accordance with § 9 para 2 PRG, or if it cannot meet the customer's requirements that were expressly confirmed by the tour operator, or if it increases the total price of the package by more than 8 % in accordance with the provisions of § 8 PRG, the traveler can

- within a reasonable period of time determined by the tour operator, agree to the proposed changes, or

- agree to participate in an alternative trip, if offered by the tour operator, or

- withdraw from the contract without payment of compensation.

Therefore, the travel agent informs the traveler in the cases just mentioned about the following points at the address last notified by him clearly, understandably and clearly on a durable medium (e.g. paper, email):

- the changes in the travel services and, if applicable, their impact on the price of the package tour

- the reasonable period of time within which the traveler must notify the tour operator of his decision, as well as the legal effect of not making a statement within the reasonable period of time,

- if applicable, the package tour offered as a substitute and its price.

The traveler is recommended to use the written form for his declaration. If the traveler does not make a declaration within the deadline, this is considered as consent to the changes.

8. liability

8.1 The travel agent is liable within the framework of § 17 PRG for booking errors (e.g. typing errors), unless these are due to erroneous or incorrect or incomplete information provided by the traveler or unavoidable and extraordinary circumstances within the meaning of § 2 para 12 PRG.

8.2 The travel agent is not liable for property damage and financial losses of the traveler that arise in connection with the booking, provided that they are due to unavoidable and extraordinary circumstances within the meaning of § 2 para 12 PRG.

8.3 The travel agent shall not be liable for the provision of the service arranged by him or for the provision of a service which he has not arranged or which he has not agreed to arrange for the traveler or for additional services booked by the traveler himself on site after the start of the trip. If the travel agent does not fulfill his duties to provide information or insolvency insurance within the meaning of § 15 para 2 PRG, he is liable according to the provisions of §§ 7 and 10 as well as the 4th section of the PRG, which otherwise only apply to package tours.

8.4 If the travel agent mediates a package tour of a tour operator based outside the EEA, he has to prove that the tour operator complies with the obligations mentioned in the 4th section of the PRG (provision of the agreed services, warranty, compensation, duty to assist). If this is not the case, the travel agent shall be liable for compliance with the aforementioned obligations pursuant to Section 16 of the PRG.

9. remuneration of the travel agent

The travel agent is entitled to a reasonable fee for his services.

9.1 If a booking of services (e.g. package tour, flight or hotel) with the respective tour operator or service provider is made via the travel agent, the fee (booking fee) per booking and per traveler amounts to: € 25.00 (maximum, however, € 50.00 per order).

9.2 The travel agent's brokerage service is completed and settled with the booking fee as soon as a contract is concluded between the traveler and the brokered tour operator (e.g. for package tours) or service provider (e.g. for individual travel services such as flight-only). If the traveler makes use of the travel agent for further services beyond the mediation just described, the following fees will apply depending on the order and scope:

9.3 Rebooking fee: If the traveler requests the travel agent to make changes to arranged services (e.g. rebooking on another flight), which do not originate from incorrect or incomplete information provided by the traveler (see processing fee in section 9.6.), the travel agent is entitled to a fee of € 25,- per transaction and per traveler.

9.4 Cancellation processing fee: If the traveler instructs the travel agent to cancel an arranged service that does not originate from incorrect or incomplete information provided by the traveler (see processing fee in section 9.6.), the travel agent is entitled to a fee of € 25.00 per cancellation.

9.5 Processing fee for the transfer of the package travel contract: If the traveler intends to have the package travel contract transferred to another person within the meaning of § 7 PRG, the travel agent is entitled to the actual and not unreasonable costs of the transfer, but in any case a processing fee of € 25,00.

9.6 Processing fee for incorrect/incomplete information provided by the traveler: For changes (e.g. rebooking, name change), which are necessary due to incorrect or incomplete information of the traveler, for which the traveler is responsible, the travel agent is entitled to the actual and not unreasonable costs, in any case € 25,-, analogous to § 7 Abs 2 PRG (cf. 3.5.).

9.7 Processing fee for assistance in remedying deviations in the performance of brokered individual travel services or "service disruptions" in the case of brokered service providers: If deviations from the originally agreed content of the contract occur in the case of brokered individual travel services (e.g. cancellation of the flight, change in the place of departure), the brokered service provider is generally obligated to remedy the situation (e.g. the airline must offer the traveler alternative transportation in the event of a cancellation if the Air Passenger Rights Ordinance applies).

If the mediated service provider does not or only insufficiently fulfill its legal obligations and the traveler instructs the travel agent within the scope of self-improvement to remedy the deviation (e.g. by searching for and subsequently arranging suitable alternative flights), the travel agent is entitled to the following fee per transaction and per traveler for this additional activity and effort going beyond the original mediation: € 25.00

10. delivery - electronic correspondence

10.1 The last address provided to the travel agent (e.g. e-mail address) shall be deemed to be the delivery/contact address of the traveler. Changes are to be communicated by the traveler immediately. The traveler is recommended to use the written form.

B. THE TRAVEL AGENCY AS ORGANIZER

1. scope and definitions

1.1 A tour operator is an entrepreneur who either directly or through another entrepreneur or jointly with another entrepreneur arranges package tours (as defined by § 2 para 2 PRG) and contractually promises or offers them (cf. § 2 para 7 PRG). The tour operator shall provide its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG), as well as the Package Travel Ordinance (PRV) with the due diligence of a prudent entrepreneur. An entrepreneur is any natural or legal person who is an entrepreneur according to § 1 KSchG (cf. § 2 para 9 PRG).

In the following, tour operator means the company RETTER GmbH.

1.2 The General Terms and Conditions are deemed to be agreed if they have been transmitted - before the traveler is bound to a contract by a contractual statement - or if the traveler has been able to view their content. They supplement the package travel contract concluded with the traveler. If the traveler books for third parties (co-travelers), he thereby confirms that he has been authorized by these third parties to obtain an offer for them, to agree on the general terms and conditions for them and to conclude a package travel contract for them. The traveler who makes a booking for him/herself or for a third party is thus deemed to be the principal and analogously assumes the obligations arising from the contract with the tour operator (payments, withdrawal from the contract, etc.) within the meaning of § 7 para 2 PRG, unless otherwise agreed.

1.3 A traveler 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 use travel services on the basis of such a contract.

1.4 The catalog and the homepage of the tour operator serve as mere advertising media. The package tours and other services presented therein do not constitute offers (cf. 2.2.).

1.5 Package travel contract means the contract concluded between the tour operator and the traveler for a package tour.

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

1.7 A person with reduced mobility is, analogously to Art 2 lit a of 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 (e.g. use of a means of transport, accommodation) and which requires the services to be arranged to be adapted to the special needs of that person.

1.8 Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/circumstances outside the sphere/control of the person invoking them and the consequences of which could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious impairments of security such as terrorism, outbreaks of serious diseases, natural disasters, weather conditions preventing safe travel, etc.) (cf. § 2 para 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 organization 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 traveler, the tour operator shall prepare travel proposals for the traveler. These are non-binding, therefore they are not yet offers within the meaning of § 4 PRG. If no travel proposals can be made on the basis of the information provided by the traveler (no variants, no services, etc.), the tour operator shall point this out to the traveler. The travel proposals are based on the information provided by the traveler, which is why incorrect and/or incomplete information provided by the traveler - in the absence of clarification by the traveler - can form the basis of the travel proposals. When making travel suggestions, for example (without any claim to completeness), the amount of the price, expertise of the service provider, discounts, the best price principle and others may be used as parameters.

2.2 If the traveler has a concrete interest in one of the travel proposals submitted to him by the tour operator, then the tour operator shall prepare a travel offer on the basis of the travel proposal in accordance with the requirements of § 4 PRG, insofar as these are relevant for the trip. The travel offer prepared by the tour operator binds the tour operator. Changes to the pre-contractual information contained in the travel offer due to changes in prices and services are possible, provided that the tour operator has reserved the right to do so in the travel offer, that it informs the traveler clearly, comprehensibly and unambiguously about the changes prior to the conclusion of the package travel contract and that the changes are made in agreement between the traveler and the tour operator (cf. § 5 para 1 PRG). A contract between the tour operator and the traveler is concluded when the travel offer is accepted by the traveler in writing (signed booking confirmation).

2.3 The tour operator advises and informs the traveler on the basis of the information provided by the traveler to the tour operator. The tour operator presents the package tour requested by the traveler to the best of his knowledge, taking into account the customary conditions of the respective country of destination/place of destination as well as 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 traveler, etc.), unless, depending on the type of package tour, there are circumstances that require separate clarification or unless clarification about circumstances is necessary for the provision and the course or performance of the services to be agreed upon. In principle, it must be taken into account that the traveler consciously chooses a different environment and the standard, furnishings, food (especially spices) and hygiene are based on the respective regional standards / criteria common for the country / place of destination.

2.4 The tour operator shall inform the traveler in accordance with § 4 PRG before the traveler is bound to a package travel contract by a contractual statement:

2.4.1 About the existence of a package tour by means of a standard information sheet pursuant to § 4 para 1 PRG.

2.4.2 About the information listed in § 4 para 1 PRG, insofar as this is relevant for the package tour to be agreed and is necessary for the implementation and provision of services (e.g. in the case of a purely seaside vacation, no information is required about sightseeing as in the case of study tours, etc., insofar as these are not part of the agreed services).

2.4.3 Whether the package to be agreed is generally suitable for persons with reduced mobility (cf. 1.6.), provided that this information is relevant to the package in question (§ 4 para 1 subpara 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) (6) PRG), provided that this information is relevant for the package tour in question. Upon request, the tour operator shall provide information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities and foreign exchange and customs regulations can be obtained by travelers with Austrian citizenship by selecting the desired destination country at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities. It is assumed to be known that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is generally required for travel abroad, and the traveler is responsible for its validity. The traveler is responsible for complying with any health formalities communicated to him/her. The traveler is responsible for obtaining any necessary visa, unless the tour operator or travel agent has agreed to provide one.

2.5 The tour operator shall inform the traveler about the identity of the operating airline in accordance with Art. 11 of Regulation 2111/05, provided that the identity of the operating airline is already known at the time of conclusion of the contract. If the operating airline has not yet been determined at the time of conclusion of the contract, the tour operator shall inform the traveler about the airline that is expected to operate the flight. As soon as the operating airline is determined or if there is a change of the operating airline after the booking, the traveler will be informed as soon as possible.

2.6 Special requests of the traveler in terms of customer wishes (e.g. sea view), are generally non-binding and do not give rise to a legal claim, as long as these wishes have not been confirmed by the tour operator in terms of a specification of the traveler in accordance with § 6 para 2 Z 1 PRG. If a confirmation is made, a binding service commitment exists. The acceptance of customer requests by the tour operator merely represents a commitment to forward them to the specific service provider or to clarify their fulfillment and is not a legally binding commitment as long as it has not been confirmed by the tour operator.

2.6 Special requests of the traveler in terms of customer wishes (e.g. sea view), are generally non-binding and do not give rise to a legal claim, as long as these wishes have not been confirmed by the tour operator in terms of a specification of the traveler in accordance with § 6 para 2 Z 1 PRG. If a confirmation is made, a binding service commitment exists. The acceptance of customer requests by the tour operator merely represents a commitment to forward them to the specific service provider or to clarify their fulfillment and is not a legally binding commitment as long as it has not been confirmed by the tour operator.

3. powers of the travel agent and services booked on the spot.

3.1 Travel agents are not authorized by the tour operator to make deviating agreements, to provide information or to make assurances that modify the agreed content of the package tour contract, go beyond the contractually promised services of the tour operator or contradict the travel offer. Travel catalogs and Internet advertisements not 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 traveler.

3.2 Services booked locally 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/authorized by the tour operator (cf. 20.5.).

4. the traveler's duty to inform and cooperate

4.1 The traveler must provide the tour operator - if necessary with the help of a travel agent, if the booking was made through such an agent - with all personal (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/bringing of medication, prostheses, animals, etc.) required and relevant for the package tour in a timely, complete and truthful manner. The traveler must inform the tour operator about all personal circumstances or those of fellow travelers (e.g. allergies, food intolerance, no travel experience, etc.) and about his or his fellow travelers' special needs, in particular about any existing limited mobility or health condition and other restrictions. the state of health and other restrictions, which may be relevant for the preparation of travel offers or for the execution of a package tour with the services to be agreed (e.g. for hiking tours, etc.), if necessary by providing complete qualified proof (e.g. medical certificate).

4.2 In the event of limited mobility or other restrictions or special needs as defined in section 4.1 (e.g. the need for special medication, regular medical treatment, etc.), which appear likely to impair the trip, the traveler is advised to check with a doctor before booking whether the necessary fitness to travel is given.

4.3 If the mobility of the traveler is restricted only 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 in this period, the traveler must inform the tour operator of this without delay - whereby the written form is recommended for reasons of evidence - so that the tour operator can decide whether the traveler can continue to participate in the package tour without endangering himself or his fellow travelers or whether he is entitled to exclude the traveler and withdraw from the contract. If the traveler does not fulfill his duty to inform completely or in time and the tour operator declares the withdrawal from the contract, the tour operator is entitled to compensation according to the compensation lump sums.

4.4 The traveler who makes a booking for himself or for a third party (co-traveler) shall be considered the principal and, analogously within the meaning of § 7 para 2 PRG, shall assume the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the principal shall be entitled to declare withdrawal from the contract, etc.), unless otherwise agreed (cf. 1.2.).

4.5 The traveler is obligated to check all contractual documents transmitted by the tour operator (e.g. package tour contract, booking confirmation, vouchers, vouchers) for factual accuracy to his information/data and for any discrepancies (spelling mistakes; e.g. name, date of birth) as well as incompleteness and in case of inaccuracies/discrepancies/incompleteness to immediately notify the tour operator for correction - whereby the written form is recommended for reasons of proof. Any additional expense incurred as a result, if this additional expense is based on incorrect or inaccurate information provided by the traveler, shall be borne by the traveler, with the fee amounting to € 25,-.

4.6 The tour operator shall bear the costs of the necessary accommodation for a maximum of three nights in the event of the impossibility of the contractually agreed return transport of the traveler due to unavoidable and extraordinary circumstances. This does not apply to passengers 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 passengers, to pregnant passengers, to unaccompanied minors and to passengers requiring special medical assistance, provided that the aforementioned persons notify the tour operator of their special needs, which did not exist or need to be known to them at the time of booking, 48 hours before the start of the trip (cf. 4.3.).

time difference, impossibility of contact in the case of an expedition trip, availability of an alternative or an exchange/improvement option, etc.) and the effort involved (e.g. cleaning a replacement room, finding a replacement hotel, etc.). If the traveler books through a travel agent and a breach of contract occurs during the business hours of the travel agent, the traveler must report the breach of contract to the agent. The traveler is recommended to use the written form, especially for reasons of evidence. Outside normal business hours, the traveler shall report any lack of conformity to the tour operator's representative on site or, if such a representative is not available and/or is not contractually owed, directly to the tour operator at the emergency number provided in the package tour contract. In the event of failure to report a breach of contract, this will affect any warranty claims of the traveler, if remedy on site would have been possible and a report would also have been reasonable. The failure to report a lack of conformity can also be considered as contributory negligence (§ 1304 ABGB) with regard to claims for damages pursuant to § 12 para 2 PRG. Notification of a lack of conformity with the contract does not constitute a commitment to perform on the part of the tour operator.

4.8 The traveler is obligated to pay the travel price agreed upon within the framework of the package travel contract in accordance with the terms of payment in due time and in full. In the event of late or incomplete payment of the deposit or balance, the tour operator reserves the right, after issuing a reminder and setting a grace period, to declare withdrawal from the contract and to claim any additional damages, irrespective of the lump sum 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. compensation pursuant to Art. 7 of the Air Passenger Rights Regulation) or in case of receipt of other payments and services from service providers or third parties, which are to be credited against the traveler's claims for damages or price reductions against the tour operator (e.g. payments from the hotel), the travel agent or tour operator shall be informed of this circumstance completely and truthfully.

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

5. insurance

5.1 As a general rule, it should be noted when traveling on vacation that no valuable items, important documents, etc. should be taken along. In the case of important documents, the making and use of copies - insofar as their use is permitted - is recommended. Theft of valuables cannot be ruled out and is generally to be borne by the traveler himself, as a realization of the general risk of life.

5.2 It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, foreign travel health insurance, delay protection, personal protection, etc.), which guarantees sufficient coverage from the date of the package tour contract until the end of the package tour. The traveler can find more detailed information on insurance in the tour operator's catalog.

6. booking/contract conclusion/payment

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

6.2 The traveler must - unless otherwise agreed - within 14 days after receipt of the package travel contract, a deposit of 25% of the travel price to the account specified in the package travel contract (or to the account announced by the travel agent). The balance is to be paid at the earliest 14 days before departure only concurrently against delivery of the travel documents.

6.3 If a contract is concluded within 14 days prior to departure, the entire travel price is to be transferred immediately upon receipt of the package travel contract to the account stated therein (or to the account disclosed by the travel agent).

6.4 If the traveler does not fulfill his payment obligations according to 6.2. or 6.3. the tour operator reserves the right, after a reminder with a deadline, to declare the withdrawal from the contract and to claim damages according to the compensation lump sums.

7. persons with reduced mobility

7.1 Whether a package tour is specifically suitable for persons with reduced mobility must be clarified on a case-by-case basis, taking into account the nature and extent of the reduced mobility, the character of the package tour (e.g. adventure trip, study trip, city break, etc.), the country/destination, the means of transport (e.g. bus, plane, ship, etc.), as well as the accommodation (e.g. hotel, alpine hut, tent, etc.). Persons with reduced mobility must therefore ask the tour operator whether the desired package tour is suitable for them in the specific case. The suitability of a package holiday in a specific case for persons with reduced mobility does not mean that all the services included in the package holiday contract can be used without restriction by the person with reduced mobility (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).

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 traveler, conclude that the traveler cannot be transported/accommodated safely and in accordance with safety regulations or consider that the specific package tour is not suitable for the traveler.

7.3 The tour operator and/or one of the agents (e.g. airline, hotel, etc.) reserves the right to refuse the carriage/accommodation of a traveler who has failed to sufficiently notify the tour operator of his/her 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 the agent to assess the possibility of safe and organizationally feasible carriage/accommodation.

7.4 The tour operator reserves the right to refuse participation in the package tour for safety reasons to travelers who, in the opinion of the tour operator and/or one of its 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 pose a danger to themselves or others during the package tour.

8. package travel contract

8.1 The traveler receives 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 traveler is entitled to a paper copy. In the case of contracts concluded away from business premises within the meaning of Section 3(1) FAGG, the traveler agrees to be provided with the copy or confirmation of the package travel contract alternatively on another durable data medium (e.g. email).

8.2 The traveler will be provided with the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned anticipated departure times and, if applicable, on scheduled stopovers, connecting flights and arrival times at the last delivery/contact address provided by the traveler in good time before the start of the package tour, unless otherwise agreed. If the documents/documents just mentioned show any inaccuracies/discrepancies/incompleteness in the sense of 4.5, the traveler must contact the travel agent or tour operator (cf. 4.5.).

9. substitute person

9.1 According to § 7 PRG, the traveler has the right to transfer the package tour contract to another person who fulfills all contractual conditions and is also suitable for the package tour (criteria can be e.g. gender, (non-)presence of pregnancy, state of health, required vaccinations/ sufficient vaccination protection, special knowledge and skills, visas, valid entry documents, non-existence of an entry ban, etc.). If the other person does not meet all the conditions of the contract or is not suitable for the package tour, the tour operator may object to the transfer of the contract. For the transfer of the package travel contract, a minimum manipulation fee of € 25,- is to be paid, unless additional costs are incurred beyond this. The traveler who transfers the package tour contract and the person who enters into the contract shall be jointly and severally liable to the tour operator for the outstanding amount of the tour price and the minimum manipulation fee, as well as for any additional costs incurred beyond this.

9.2 Many airlines or other carriers or service providers treat changes to the travel date or the name of the traveler as cancellations and charge accordingly. If additional costs are incurred, these will be charged to the passenger (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 the conclusion of the package travel contract no later than 20 days before the start of the package. The tour operator shall notify the traveler of the price increase (including calculation) at the address last provided by him in a clear, comprehensible and distinct manner on a durable medium (e.g. paper, e-mail) no later than 20 days before the start of the package tour, stating the reasons.

10.2 Price changes are permissible in the event of changes to the following costs after conclusion of the contract:

1) Cost of passenger transportation as a result of the cost of fuel or other energy sources;

2) Amount of taxes and duties payable for the contracted travel services, such as sojourn tax,

Landing fees, embarkation or disembarkation fees at ports, related fees at airports, and fees for services at ports or airports;

3) the exchange rates applicable to the package tour.

Price changes may result in price increases or decreases.

In the event of price reductions, the amount of the price reduction shall be refunded to the traveler. However, the tour operator may deduct actual administrative expenses from this amount. At the request of the traveler, 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 (as defined by § 8 PRG), 11.4 shall apply. The traveler has the choice to accept the increase as a change to the contract, to agree to participate in a substitute trip - if offered - or to withdraw from the contract without being obliged to pay a lump sum compensation. Insurance premiums already paid cannot be refunded to the traveler.

11. changes in the service before the start of the trip

11.1 The tour operator may make minor changes to the services before the start of the trip, provided that he has reserved this right in the contract. The tour operator or the travel agent, if the package tour was booked through such, shall inform the traveler clearly, understandably and distinctly on a durable medium (e.g. paper, email) at the address last notified by him about the changes.

11.2 Insignificant changes are - whereby this is to 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 tour.

11.3 Significant changes can be a significant reduction in the quality or value of travel services, which the tour operator is forced to make, if the changes affect essential characteristics of the travel services and/or have an influence on the package and/or travel arrangements. 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 nature, duration, purpose and price of the package tour, as well as the intensity and duration and causality of the change and, if applicable, the reproachability of the circumstances that led to the change.

11.4 If the tour operator is forced pursuant to § 9 para 2 PRG to make significant changes in the above sense of those essential features of the travel services that constitute the character and purpose of the package (cf. § 4 para 1 no. 1 PRG), or if it cannot meet the requirements of the traveler that were expressly confirmed by the tour operator, or if it increases the total price of the package in accordance with the provisions of § 8 PRG, by more than 8 %, the traveler may

- within a reasonable period of time determined by the tour operator, agree to the proposed changes, or

- agree to participate in an alternative trip, if offered by the tour operator, or

- withdraw from the contract without payment of compensation.

Therefore, the tour operator will inform the traveler in the cases just mentioned about the following points at the address last notified by him clearly, understandably and clearly on a durable medium (e.g. paper, email):

- the changes in the travel services and, if applicable, their impact on the price of the package tour

- the reasonable period of time within which the traveler must notify the tour operator of his decision, as well as the legal effect of not making a statement within the reasonable period of time,

- if applicable, the package tour offered as a substitute and its price.

The traveler is recommended to use the written form for his declaration. If the traveler does not make a declaration within the deadline, this is considered as consent to the changes.

12. itinerary/changes

12.1 Due to, for example (without claim to completeness), 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, changes in flight times, terrorist attacks, power failures, changes in opening hours at short notice, etc.), border closures, government orders, traffic jams, flight time changes, terrorist attacks, power outages, short-term changes in opening hours, etc. may deviate from the advertised or contractually agreed route, stations of the tour may be postponed or brought forward, planned visits may be omitted or changed. In these cases, the tour operator will make every effort to offer equivalent alternatives or to make up for any omitted parts elsewhere.

13. warranty

13.1 If there is a lack of conformity because an agreed travel service has not been provided or has been provided defectively (=in conformity with the contract), the tour operator shall remedy the lack of conformity provided that the traveler or his fellow travelers (e.g. family members) do not cause it themselves and/or do not violate their duties to cooperate and/or the remedy is not thwarted by the traveler and/or the remedy would not be impossible or associated with disproportionate costs. The traveler must set the tour operator an appropriate deadline for the rectification of the lack of conformity, whereby the appropriateness of the deadline is to be assessed in each individual case, based on the type/purpose/duration of the package tour, the reported lack of conformity, the time of the report (e.g. late in the evening, etc.), as well as the time resources required to procure a replacement, e.g. an object (relocation, etc.). A deadline must be set vis-à-vis the representative of the tour operator on site, or, if such a representative is not available and/or not contractually owed, vis-à-vis the tour operator under the emergency number communicated in the package tour contract.

13.2 If the traveler fails to comply with his duty of notification according to section 4.7 or his duty to cooperate (e.g. to look at a substitute room offered by the tour operator or to pack his suitcases for a change of room, 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 in remedying the lack of conformity.) or if he sets an unreasonably short deadline for the tour operator to remedy the lack of conformity or if he does not support the tour operator within reasonable limits in remedying the lack of conformity or if he refuses without legal reason the substitute services offered by the tour operator to remedy the lack of conformity, the traveler has to 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 traveler may remedy the situation himself and demand compensation from the tour operator for the necessary expenses (cf. § 11 para. 4 PRG). The principle of the duty to minimize damage applies, i.e. the damage incurred (e.g. costs for substitute performance) is to be kept as low as possible, whereby the duration, value and purpose of the trip are to be taken as a basis. In addition, an objective view of the lack of conformity with the contract must be taken.

13.4 If a significant part of the agreed travel services can not be provided in accordance with the contract, the tour operator offers the traveler without additional costs, if this is possible due to the circumstances and conditions (on site) (impossibility e.g. if only a hotel in the booked category is available), reasonable other arrangements (substitute service) for the continuation of the package tour, which, if possible, are qualitatively equivalent or superior to the contractually agreed services; the same also applies if the traveler is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by the tour operator may result in a lower quality of the package tour compared to the contractually agreed services (e.g. half board instead of all-inclusive), the tour operator shall grant the traveler an appropriate price reduction. The traveler may reject the proposed other arrangements only if they are not comparable to the services agreed in the package travel contract or if the price reduction granted is not reasonable. In the event of rejection, the traveler 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 insufficient.

13.5 If the lack of conformity has a significant impact on the performance of the package tour within the meaning of point 11.3 and if the tour operator does not remedy the lack of conformity within a reasonable period of time set by the traveler taking into account the circumstances and the lack of conformity (cf. 13.1.), the traveler may, if the continuation of the package tour is not reasonable for him based on the average traveler, withdraw from the package tour contract without paying compensation and, if necessary, make warranty and damage claims under § 12 PRG. If the traveler withdraws from the package travel contract, he or she should be aware that this involves a certain risk, since both the materiality of the effects of contractual violations and the reasonableness of continuing the trip are to be assessed in the subjective individual case (by a judge) and the result of this assessment may differ from the perception of the traveler. If no other arrangements can be offered according to item 13.4. or if the traveler rejects the offered other arrangements according to 13.4., the traveler shall be entitled to warranty claims and claims for damages according to § 12 PRG even without termination of the package travel contract in case of a lack of conformity. In the event of rejection, the traveler 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 insufficient. If the transportation of persons is part of the package tour, the tour operator shall also provide for the immediate return transportation of the traveler with an equivalent transportation service at no additional cost to the traveler in the cases mentioned 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 (cf. 17.1.), but offers substitute services, any additional costs incurred as a result shall be borne by 100% the traveler.

14. withdrawal of the traveler without payment of a compensation lump sum

14.1 The traveler may withdraw from the package tour contract before the start of the package tour - without paying a lump sum compensation - in the following cases:

14.1.1 If unavoidable and extraordinary circumstances occur at the place of 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 radiation of the relevant circumstance which entails the risk, which significantly impair the performance of the package tour or the carriage of persons to the place of destination within the meaning of 11.3. If the traveler withdraws from the contract in such cases, he is entitled to full reimbursement 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 item 11.4.

The withdrawal is to be declared to the tour operator - whereby for reasons of provability written form is recommended.

15. withdrawal of the traveler with payment of a compensation lump sum

15.1 The traveler is entitled to withdraw from the contract at any time against payment of a lump sum compensation (cancellation fee). The withdrawal is to be declared to the tour operator - whereby for reasons of provability written form is recommended. If the package tour was booked through a travel agent, the withdrawal can also be declared to him. The traveler is recommended to declare the withdrawal on a durable medium (e.g. paper, e-mail).

15.2 The compensation lump sum shall be in a percentage ratio to the travel price and the amount shall be based on the time of the cancellation declaration as well as the expected saved expenses and income from other use of the travel services. In the event that the lump-sum compensation is unreasonable, it may be reduced by the court.

15.3 Depending on the type of package tour, the following compensation lump sums result per person:

  1. Bus & air package tours from 01.01.2021:

until 60.day before departure 20%

from 59.-30 days before departure 35%

from 29-15 days before departure 45%

from 14-8 days before departure 65%

from 7-1 days before departure 85%

in case of no-show 100%

The travel price includes handling and processing costs, for services already provided in advance*, in the amount of € 25,- per person, these will not be refunded in case of cancellation and will be shown separately on the cancellation invoice.

*Services: Planning, contingent notification and cancellation notification, invoice dispatch, booking effort, cancellation handling!

  1. Individual IT (individual package tours on scheduled services), rail company tours (except special trains).

until 30. day before departure 10%

from 29th to 20th day before departure 15%

from 19th to 10th day before departure 20%

from 9th to 4th day before departure 30%

from the 3rd day (72 hours) before departure 45%

Special conditions apply to cruises, river cruises, hotel accommodation, vacation apartments, one-day bus trips, special trains and scheduled air travel at special rates. These are to be listed in the detailed program.

14.2 The traveler may withdraw from the package tour contract after the start of the package tour in the cases of point 13.5 - without paying a lump sum compensation.

16. no-show

16.1 No-show is when the traveler stays away from the departure because he lacks the will to travel or if he misses the departure because of an action attributable to him or because of a coincidence that happened to him. If it is also clear that the traveler can no longer or no longer wants to use the remaining travel services, he must usually pay 100 % of the travel price as a lump sum compensation.

17. withdrawal of the tour operator before the start of the trip

17.1 The tour operator may withdraw from the package tour contract before the start of the package tour if he is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and his notice of withdrawal is received by the traveler at the last delivery/contact address given by him without delay, at the latest before the start of the package tour (cf. § 10 para 3 lit b PRG).

17.2 The tour operator may withdraw from the package tour contract before the start of the package tour if fewer persons than the minimum number of participants specified in the contract have registered for the package tour and the tour operator's notice of withdrawal is received by the traveler at the last delivery/contact address specified by the traveler within the period specified in the contract, but no later than:

  1. a) 20 days before the start of the package tour for trips longer than six days,
  2. b) seven days before the start of the package tour for trips between two and six days,
  3. c) 48 hours before the start of the package tour for trips lasting less than two days,

(cf. Sec. 10 (3) lit a PRG).

17.3 If the tour operator withdraws from the package tour contract in accordance with 17.1. or 17.2. he will refund the travel price to the traveler, but he does not have to pay any additional compensation.

18. withdrawal of the tour operator after the start of the package tour.

18.1 The tour operator is released from the fulfillment of the contract without obligation to refund the travel price if the traveler impedes the implementation of the package tour by grossly improper behavior (such as alcohol, drugs, non-compliance with a smoking ban, disregard of certain dress codes, e.g. when visiting religious sites or taking meals, criminal behavior, disruptive behavior towards fellow travelers, failure to comply with the instructions of the tour guide, such as regularly arriving late, etc.), regardless of a warning, so that the course of the trip or fellow travelers are disturbed and hindered to an extent that is likely to impair the vacation of third parties or fellow travelers or frustrate the purpose of the trip. In such a case, the traveler is obliged to compensate the tour operator for the damage.

19. general life risk of the traveler

19.1 A package tour usually entails a change in the usual environment. An associated realization of the general life risk of the traveler such as, for example (without claim to completeness), stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid and muggy climate), digestive problems (e.g. due to unfamiliar spices, food, etc.) and/or a realization of any risk associated with the trip such as, for example (without claim to completeness) earache in the case of earache in the case of a trip.) and/or a realization of any risk associated with the trip, such as (without claim to completeness) earache on diving trips, altitude sickness on trips to high altitudes, seasickness on cruises and much more, fall within the sphere of the traveler and are not attributable to the tour operator.

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

20. liability

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

20.2 The tour operator is not liable for personal injury, property damage and financial losses of the traveler arising in connection with booked services, provided that they are

20.2.1. constitute a realization of the general risk of life of the traveler or of a general risk, if any, connected with the package tour, which falls within the sphere of the traveler (cf. 19.).

20.2.2. are attributable to the fault of the traveler;

20.2.3. are attributable to a third party 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 due to unavoidable and extraordinary circumstances.

20.3 In the case of trips with special risks (e.g. expedition character), the tour operator is not liable for the consequences arising in the course of the realization of the risks, if this occurs outside the scope of his duties. The obligation of the tour operator to carefully prepare the package tour and to carefully select the persons and companies entrusted with the provision of the individual travel services remains unaffected.

20.4 The traveler must comply with laws and regulations, instructions and orders of the local staff, as well as bans and prohibitions (e.g. bathing ban, diving ban, etc.). In case of non-compliance by the traveler, the tour operator is not liable for any resulting personal injury or property damage of the traveler or personal injury or property damage of third parties.

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

20.6 The Traveler is advised not to take any items of special value with him. Furthermore, it is recommended to properly store or insure the items taken along (see 5.1.).

20.7 Insofar as the Montreal Convention on International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention Relating to 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 shall 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 Traveler is advised to obtain written confirmation of the non-performance or defective performance of services or to secure receipts, evidence, witness statements.

21.2 Warranty claims may be asserted within 2 years. Claims for damages shall become time-barred after 3 years.

21.3 It is recommended, in the interest of the traveler, to assert claims immediately after return from the package tour completely and specifically designated directly to the tour operator or through the travel agent, since with increasing delay difficulties of proof are to be expected.

22. service - electronic correspondence

22.1 The delivery/contact address of the traveler is the last address given to the tour operator (e.g. email address). Changes are to be communicated by the traveler immediately. The traveler is recommended to use the written form.

23. provision of information to third parties

23.1 Information about the names of travel participants and the whereabouts of travelers will not be provided to third parties, even in urgent cases, unless the traveler has expressly requested that information be provided and the authorized person is disclosed at the time of booking. The costs incurred by the transmission of urgent messages shall be borne by the traveler. Therefore, travelers are advised to provide their relatives with the exact vacation address.