Terms and Conditions for Tour Operators of Package Tours within the Meaning of the Package Travel Act

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 in § 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 of the Consumer Protection Act (cf. § 2 para. 9 PRG).

In the following, tour operator means the company Tourismusverband Traunsee Almtal with its registered office in Gmunden, Upper Austria.

1.2 The General Terms and Conditions are 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 (co-travellers), he thereby confirms that he has 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 him/herself or for a third party is thus deemed to be the principal and, by analogy, 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 Traveller means 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 catalogue and the homepage of the tour operator serve as mere advertising media. The packages and other services presented in them do not constitute offers (see 2.2.). 1.5.

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

1.6 Travel price means the amount to be paid by the traveller as specified in the package travel contract.

1.7 A person with reduced mobility is, by analogy with 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 locomotor, 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 agreed to be adapted to the particular 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 organisation of business travel (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 made on the basis of 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 making travel suggestions, for example (without any claim to completeness), the amount of the price, the expertise of the service provider, discounts, the best price principle and others may be used as parameters. 2.2.

2.2 If the traveller has a concrete interest in one of the travel proposals submitted to him by the tour operator, 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 or services are possible, provided the tour operator has reserved the right to do so in the travel offer, it informs the traveller clearly, comprehensibly and unambiguously about the changes prior to the conclusion of 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 offer of travel is accepted by the traveller (= declaration of contract by the traveller). 

2.3 The tour operator advises and informs 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 his knowledge, taking into account the customary conditions of the respective country/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 which require separate information or unless information about circumstances is necessary for the provision and the course or performance 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, furnishings, food (especially spices) as well as hygiene are oriented towards the respective regional standards/criteria customary for the country/destination. In addition, the traveller has the opportunity to read more detailed information on the conditions customary in the country, in particular with regard to the location, place and standard (customary in the country) of the services to be agreed in principle in the catalogue or on the website of the tour operator.

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

2.4.1 About the existence of a package travel by means of a standard information sheet according to § 4 para 1 PRG. In addition, the standard information sheet for package tours can in principle - if available and printed or uploaded - be consulted in the catalogue or on the website of the tour operator. 2.4.2.

2.4.2 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 pure seaside holiday, no information on sightseeing tours is necessary as in the case of study tours etc., insofar as these are not part of the agreed services). Furthermore, this information can generally be found - if available - in the catalogue or on the homepage of the respective tour operator. 

2.4.3 Whether the package tour to be agreed is generally suitable for persons with reduced mobility (cf. 1.6.), insofar as this information is relevant for the package tour in question (section 4(1)(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), insofar as this information is relevant to 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 as well as foreign exchange and customs regulations can be obtained by travellers with Austrian citizenship by selecting the desired country of destination at 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 that the traveller is responsible for its validity. The traveller is responsible for complying with the health formalities communicated to him/her. The traveller is responsible for obtaining any necessary visas, unless the tour operator or travel agent has agreed to provide such visas. 

2.5 Special requests of the traveller in the sense of customer wishes (e.g. sea view) are in principle 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 sense of a requirement of the traveller according to § 6 para. 2 no. 1 PRG. If confirmation is given, 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 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 the branch office, enquiring by telephone or e-mail, etc.), but through a travel agent, the provisions of point 2 of these GTC apply to the latter. 

3. powers of the travel agent and services booked locally

3.1 Travel agents are not authorised by the tour operator to make deviating agreements, provide information or make assurances which change the agreed content of the package tour contract, go beyond the contractually promised services of the tour operator or contradict the travel offer. Travel catalogues 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 traveller. 3.2.

3.2 On-site 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 service obligation and are not attributed to the tour operator unless these services have been expressly confirmed/authorised by the tour operator (cf. also 20.6.).

4. the passenger's duty to inform 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 such an agent - in a timely, complete and truthful manner of 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. The traveller must inform the tour operator about all personal circumstances or those of fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.) and about his or his fellow travellers' special needs, in particular about any existing limited mobility or state of health and other restrictions. 4.2. the traveller shall be informed of his or her or his fellow travellers' special needs, in particular of any existing limited mobility or state of health and other restrictions which may be relevant for the preparation of travel offers or for the preparation or implementation of a package tour with the services to be agreed (e.g. in the case of hiking tours, etc.), if necessary by providing complete qualified proof (e.g. a 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. the need for special medication, regular medical treatment, etc.), which appear likely to impair travel, 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 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 traveller 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 traveller can continue to participate in the package tour without endangering himself or his fellow travellers or whether he is entitled to exclude the traveller and withdraw from the contract. If the traveller does not comply with 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 packages. 

4.4 The traveller who makes a booking for him/herself or for a third party (co-traveller) is deemed to be the principal and, by analogy, assumes the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the principal is entitled to declare withdrawal from the contract, etc.) within the meaning of § 7 para 2 PRG, unless otherwise agreed (cf. 1.2.).

4.5 The traveller is obliged to check all contractual documents transmitted by the tour operator (e.g. package tour contract, booking confirmation, vouchers, vouchers) for factual correctness 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 inform the tour operator immediately for correction - whereby the written form is recommended for reasons of proof.

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

4.7 Pursuant to § 11 para 2 PRG, the traveller must report any lack of conformity with the agreed travel services perceived by him immediately and in full, 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 - insofar as this is possible or feasible depending on the individual case - taking into account the respective circumstances (e.g. time shift, impossibility of contact in the case of an expedition trip, etc.) and any associated expense (e.g. time delay in the case of an expedition trip). time difference, impossibility of contact in the case of an expedition trip, availability of an alternative or an exchange/improvement option, etc.) and of the effort involved (e.g. cleaning a replacement room, finding a replacement hotel, etc.). If the traveller books through a travel agent and a lack of conformity with the contract occurs during the business hours of the travel agent, the traveller must report the lack of conformity to the travel agent. It is recommended that the traveller use the written form, in particular for reasons of evidence. Outside normal business hours, the traveller shall report any lack of conformity to the tour operator's representative on site or, if such a representative is not available and/or not contractually owed, directly to the tour operator at the emergency number stated in the package travel contract. In the event of failure to report a lack of conformity, this will affect any warranty claims of the traveller, if remedy is possible on site and reporting would also have been reasonable. According to § 12 para. 2 PRG, the failure to report a lack of conformity can also be considered as contributory negligence (§ 1304 ABGB) with regard to claims for damages. 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 traveller is obliged to pay the travel price agreed within the framework of the package travel contract on time and in full in accordance with the payment provisions. 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, irrespective of the lump sum compensation due, to claim any additional damages. 

4.9 In the event of the assertion and receipt of payments arising from claims for damages or price reductions within the meaning of § 12 para. 5 PRG (e.g. 4.10. 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 payments from claims for damages or price reductions within the meaning of § 12 para. 5 PRG (e.g. compensation payment according to Art. 7 Passenger Rights Regulation) or in the event of the receipt of other payments and services from service providers or third parties, which 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 As a general rule, it should be noted when travelling on holiday that no valuable objects, 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 traveller himself/herself, as a realisation 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 cover from the date of the package travel contract until the end of the package tour. The traveller can find more detailed information on insurance in the tour operator's catalogue or download it from the homepage. 

6. booking/contract conclusion/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.

6.2 Unless otherwise agreed, the traveller shall pay a deposit of 30% of the tour price to the account specified in the package travel contract (or to the account specified by the travel agent) within 10 days of receipt of the package travel contract, but no earlier than 11 months before the end of the package. 

6.3 If the contract is concluded within 20 days prior to departure, the entire tour price must 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 traveller does not fulfil his payment obligations according to 6.2 or 6.3, the tour operator reserves the right, after issuing a reminder with a deadline, to declare the withdrawal from the contract and to claim damages according to the compensation flat rates.

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.) and 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 PRM).  If this is the case and the PRM books the package holiday, the tour operator keeps a handicap record. This shall form the basis of the package travel contract to be concluded. 7.2.

7.2 The tour operator may refuse to book 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 needs and requirements of the traveller, conclude that the traveller cannot be transported/accommodated safely and in accordance with safety regulations or consider 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 carriage/accommodation to a traveller who has failed to provide the tour operator with sufficient notice of his/her reduced mobility and/or special needs in accordance with 4.1. and/or 4.3. of the GTC to enable the tour operator and/or agent to assess the possibility of safe and organisationally practicable carriage/accommodation. 

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

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 shall be entitled to a paper copy. In the case of contracts concluded away from business premises within the meaning of Section 3(1) FAGG, the traveller 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 Unless otherwise agreed, the traveller shall be provided with the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned expected 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. Should the documents/documents just mentioned show inaccuracies/discrepancies/incompleteness within the meaning of 4.5, the traveller must contact the travel agent or tour operator (cf. 4.5).

9. substitute person

9.1 Pursuant to § 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 (criteria can be e.g. gender, the (non-)presence of pregnancy, state of health, required vaccinations/sufficient vaccination protection, special knowledge and skills, visas, valid entry documents, the non-existence 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 shall be informed of the transfer of the contract on a durable medium (e.g. paper, email) within a reasonable period of XX days, but no later than seven days before the start of the package. 
A minimum manipulation fee of €30.00 is payable for the transfer of the package travel contract, unless additional costs are incurred beyond this. The traveller who transfers the package travel contract and the person who enters 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 arising beyond this. 

9.2 Many airlines or other carriers or service providers treat changes to the date of travel or the name of the traveller 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 journey

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 traveller of the price increase (including calculation) in a clear, comprehensible and prominent manner on a durable medium (e.g. paper, email) at the latest 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) costs of passenger transport as a result of 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 at ports, corresponding fees at airports and fees for services at ports or airports;

3) the exchange rates applicable to the package.

Price changes may result in price increases or price reductions. 
In the event of price reductions, the amount of the price reduction shall be refunded to the traveller. However, the tour operator may deduct actual administrative expenses from this amount. At the traveller's request, the tour operator shall provide evidence of these administrative expenses. 10.3.

10.3 In the event of an increase of more than 8% of the tour price (as defined in § 8 PRG), 11.4 shall apply. The traveller has the choice of accepting the increase as a change to the contract, agreeing to participate in a substitute trip - if offered - or withdrawing from the contract without being obliged to pay a lump sum compensation. 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 minor changes to the services before the start of the tour, 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 an agent, shall inform the traveller of the changes clearly, comprehensibly and unambiguously on a durable medium (e.g. paper, email) at the address last notified by him. 11.2.

11.2 Insignificant changes are - whereby this is to be checked in each individual case - minor, objectively justified changes which 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 may 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, as well as the intensity and duration and causality of the change and, if applicable, the culpability of the circumstances that led to the change. 

11.4 If the tour operator is forced to make substantial changes in the above sense of those essential features of the travel services which constitute the character and purpose of the package (cf. section 4(1)(1) PRG) in accordance with section 9(2) PRG, or if it cannot meet the traveller's requirements 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 section 8 PRG, the traveller may, within a reasonable period of time determined by the tour operator 

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

- agree to participate in a substitute tour, if offered by the tour operator, or

- withdraw from the contract without paying any compensation.  

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

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

- the reasonable period of time within which the traveller is to inform the organiser of his decision and the legal effect of failure to make a statement within the reasonable period of time 

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

The traveller is advised to make his declaration in writing. If the traveller does not make a declaration within the time limit, 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, changes in flight times, terrorist attacks, power cuts, changes in opening hours at short notice, etc., the advertised or contractually agreed route may be deviated from, stops on the tour may be postponed or brought forward, planned visits may be omitted or changed. In such cases, the tour operator will endeavour 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 unless the traveller or his fellow travellers (e.g. family members) cause it themselves and/or breach their duties to cooperate and/or the remedy is frustrated by the traveller and/or the remedy would not be impossible or involve disproportionate costs. The traveller shall set the tour operator a reasonable period of time to remedy the lack of conformity, whereby the reasonableness of the period of time shall 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 travel contract. 13.2.  

13.2 If the traveller fails to comply with his duty of notification according to point 4.7 or his duty to cooperate (e.g. to look at a substitute room offered by the tour operator or to pack his suitcase for a change of room etc.), or if he fails to inform the tour operator of an emergency at the emergency number stated in the package travel contract, the tour operator is entitled to cancel the contract. 13.3 If the traveller does not comply with his obligation to cooperate (e.g. to look at a substitute 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 in remedying the lack of conformity or if he refuses the substitute services offered by the tour operator to remedy the lack of conformity without legal justification, the traveller has to bear the disadvantageous legal consequences (see point 4.7.).

13.3 If the tour operator does not remedy the lack of conformity within a reasonable period of time, the traveller can remedy the situation himself and demand reimbursement of the necessary expenses from the tour operator (see section 11(4) PRG). The principle of the duty to minimise 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 shall be taken. 13.4.13.4 If a considerable part of the agreed travel services cannot be provided in accordance with the contract, the tour operator shall offer the traveller 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 of equal or higher quality to the contractually agreed services; the same also applies if the traveller is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by the tour operator possibly 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 traveller an appropriate price reduction. The traveller may only reject the proposed other arrangements 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 traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent/comparable to the services agreed in the package travel contract and/or that the price reduction offered is not adequate.

13.5 If the lack of conformity has a significant impact on the performance of the package tour as defined in point 11.3 and if the tour operator does not remedy the lack of conformity within a reasonable period of time set by the traveller taking into account the circumstances and lack of conformity (cf. 13.1), the traveller may, if he cannot reasonably be expected to continue the package tour based on the standard figure of an average traveller, withdraw from the package tour contract without paying any compensation and, if applicable, assert claims under warranty and damages law pursuant to section 12 PRG. If the traveller withdraws from the package travel contract, he should be aware that this entails a certain risk, as both the materiality of the effects of contractual violations and the reasonableness of continuing the journey 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 traveller. 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 point 13.4, the traveller shall be entitled to warranty claims and claims for damages in accordance with § 12 PRG even without termination of the package travel contract in the event of a lack of conformity. In case of refusal, the traveller has to show that the other arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or the offered price reduction is not sufficient. If the transport of persons is part of the package, the tour operator shall also arrange for the immediate return of the traveller by an equivalent transport service at no extra cost to the traveller in the cases referred to 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 (cf. 17.1.) but offers substitute services, any additional costs incurred as a result are to be borne 100% by the traveller.

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

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

14.1.1 If unavoidable and extraordinary circumstances arise at the place of destination or in its immediate vicinity, this to be assessed on a case-by-case basis taking into account the content of the contract and the radiance of the relevant circumstance giving rise to 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 traveller withdraws from the contract in these 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 point 11.4.
the withdrawal must be declared to the tour operator - for reasons of provability, written form is recommended.

14.2 The traveller 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. 

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

15.1 The traveller is entitled to withdraw from the contract at any time against payment of a lump sum compensation (cancellation fee). The withdrawal must be declared to the tour operator - 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 the travel agent. The traveller is advised to declare the withdrawal on a durable medium (e.g. paper, email). 15.2.

15.2 The lump sum compensation is a percentage of the travel price and the amount depends on the time of the cancellation declaration as well as on 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.

16. no-show

16.1 A no-show shall be deemed to have occurred if the traveller fails to depart because he or she lacks the will to travel or if he or she misses departure due to an act attributable to him or her or due to a fortuitous occurrence. If it is further clarified that the traveller can no longer or no longer wishes to make use of the remaining travel services, he/she shall pay the following compensation lump sum: € 50.00

 

17. withdrawal 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 if he is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and his notice of withdrawal is received by the traveller at the last delivery/contact address given by him without delay, at the latest before the start of the package (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 traveller at the last delivery/contact address specified by him within the period specified in the contract, but no later than:

(a) 20 days before the start of the package in the case of trips of more than six days,
(b) seven days before the start of the package for journeys of between two and six days,
c) 48 hours before the start of the package in the case of trips lasting less than two days,

(cf. § 10 para 3 lit a PRG).

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

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

18.1 The tour operator will be released from the performance of the contract without obligation to refund the tour price if the traveller impedes the performance of the package tour through grossly improper behaviour (e.g. alcohol, drugs, non-compliance with a smoking ban, non-compliance with certain dress codes e.g. when visiting religious sites or taking meals, criminal behaviour, disruptive behaviour towards fellow travellers, non-compliance with the tour guide's instructions e.g. regular shouting). when visiting religious sites or eating meals, criminal behaviour, disruptive behaviour towards fellow travellers, failure to comply with the instructions of the tour guide, e.g. regularly arriving late, etc.), irrespective of a warning, so that the course of the tour or fellow travellers are disrupted and hindered to such an extent that the holiday recreation of third parties or fellow travellers is impaired or the purpose of the tour is frustrated. In such a case, the traveller is obliged to compensate the tour operator for the damage.

 

19 General life risk of the traveller

19.1 A package tour usually entails a change in the usual environment. An associated realisation of the general life risk of the traveller, such as (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 realisation of any risk associated with the trip, such as (without claim to completeness) earaches in the case of travel packages. 19.2. If the traveller does not take part in the tour (e.g. due to a humid and humid climate, digestive problems (e.g. due to unfamiliar spices, food, etc.) and/or a realisation of any risk associated with the tour, such as (without claiming to be exhaustive) earache on diving tours, altitude sickness on tours to high altitudes, seasickness on cruises and many more, these fall within the sphere of the traveller and are not attributable to the tour operator.

19.2 If the traveller does not make use of services that were duly offered to him/her for the above-mentioned reasons or if he/she declares his/her withdrawal from the contract for such a reason, he/she 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 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, damage to property and financial losses of the traveller that arise in connection with booked services, provided that they are 

20.2.1. constitute a realisation of the traveller's general life risk or of a general risk associated with the package tour, if any, which falls within the traveller's sphere of responsibility (cf. 19.)

20.2.2. are attributable to the fault of the traveller;

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 For damage to property and financial losses of the traveller that are due to unforeseeable and/or unavoidable circumstances that the tour operator could not have expected, as well as for excusable mistakes up to negligence, the liability is limited to three times the travel price based on Art 13 of Directive (EU) 2015/2302 (Package Travel Directive) in accordance with § 6 para 1 no. 9 KschG.

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

20.5 The traveller must comply with laws and regulations, instructions and orders of the staff on site, as well as bans and prohibitions (e.g. bathing prohibition, diving prohibition etc.). In case of non-compliance by the traveller, the tour operator is not liable for any resulting personal injury and property damage of the traveller or personal injury and property damage of 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 on site with third parties or service providers not attributable to the tour operator after the start of the tour.

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

20.8 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 supplier of travel services included in 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-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 become time-barred after 3 years.

21.3 In the interest of the traveller, it is recommended that claims be asserted directly with the tour operator or through the travel agent immediately after the return from the package tour in a complete and specifically designated manner, as difficulties with evidence are to be expected with increasing delay.

22. service - electronic correspondence

22.1 The last address given to the Tour Operator (e.g. email address) is deemed to be the traveller's delivery/contact address. The traveller must inform the tour operator of any changes without delay. The traveller is recommended to use the written form.

23. provision of information to third parties

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