GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS OF PACKAGE TRAVEL IN ACCORDANCE WITH THE PACKAGE TRAVEL ACT (PRG 2018)
- SCOPE AND DEFINITIONS
1.1. A tour operator is an entrepreneur who puts together package tours (in the sense of § 2 Para. 2 PRG) either directly or through another entrepreneur or together with another entrepreneur and contractually promises or offers them (cf. § 2 Para. 7 PRG). The tour operator provides its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV) with the diligence of a prudent entrepreneur. An entrepreneur is any natural or legal person who is an entrepreneur according to § 1 KSchG (see § 2 paragraph 9 PRG).
In the following, tour operator means the company Walser Touristik Services e.U. / LUXTirol, Thomas-Walch Strasse 35a, A-6460 Imst.
1.2. The General Terms and Conditions are deemed to have been agreed if they have been transmitted or the traveler has been able to view their content before the traveler is bound by a contract declaration. They supplement the package travel contract concluded with the traveller. If the traveler books for third parties (fellow travellers), 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 himself or for a third party is therefore considered the customer and, unless another agreement has been made, assumes the obligations arising from the contract with the tour operator (payments, withdrawal from the contract, etc.).
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 website of the tour operator serve as a mere advertising medium. The package tours and other services presented therein do not constitute offers (cf. 2.2.).
1.5. A package travel contract is the contract concluded between the tour operator and the traveler for a package tour.
1.6. The travel price is understood to mean the amount to be paid by the traveler as stated in the package travel contract.
1.7. A person with restricted mobility is analogous to Art 2 lit a VO 1107/2006 (rights of disabled air travelers and air travelers with limited mobility) a person with a physical disability (sensory or motor, permanent or temporary) who is unable to use components of the package tour (e.g. use of a means of transport, accommodation) and requires an adjustment of the services to be agreed to the special needs of this person.
1.8. Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/circumstances beyond the sphere/control of the person who refers to 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 that prevent safe travel, etc.) (cf. § 2 Para. 12 PRG).
2. TOUR OPERATOR’S RESPONSIBILITIES
2.1. Based on the information provided by the traveller, the tour operator creates travel proposals for the traveller. These are non-binding, so they are not yet offers within the meaning of § 4 PRG. If no travel suggestions can be made based on the information provided by the traveler (no variants, no services, etc.), the tour operator will inform the traveler accordingly.
The travel proposals are based on the information provided by the traveler, which is why incorrect and/or incomplete information provided by the traveler – for lack of clarification by the traveler – can form the basis of the travel proposals. When creating travel suggestions, for example (without claiming to be exhaustive), the amount of the price, specialist skills of the service provider, discounts, the best price principle and other things can be used as parameters at best.
2.2. If the traveler has a specific interest in one of the travel proposals made by the tour operator, the tour operator will create a travel offer based on the travel proposal in accordance with the provisions of Section 4 PRG, insofar as these are relevant to the trip. The travel offer made by the tour operator binds the tour operator. Changes to the pre-contractual information contained in the travel offer due to price or service changes are possible if the tour operator has reserved the right to do so in the travel offer, er the traveler is informed clearly, understandably and clearly about the changes before the conclusion of the package travel contract and 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 (= traveler’s declaration of contract).
2.3. The tour operator advises and informs the traveler based on 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 their knowledge, taking into account the customary conditions of the respective destination country/destination and taking into account any special features (e.g. expedition trips) associated with the package tour. A duty to provide information about generally known conditions (e.g. topography , climate, flora and fauna of the destination desired by the traveller, etc.) does not exist if, depending on the type of package tour, there are no circumstances that require separate clarification or if the clarification of the circumstances for the provision and the process or the performance of the agreed services is required. In principle, it must be taken into account that the traveler consciously chooses a different environment and that the standard, the equipment, the food (especially spices) and hygiene are based on the respective regional standards/criteria that are usual for the country/destination. In addition, the traveler has the opportunity to read more detailed information on the customary local conditions, in particular with regard to the location, place and standard (customary in the country) of the services to be agreed in the catalog or on the website of the tour operator.
2.4. The tour operator informs the traveler in accordance with § 4 PRG before he is bound by a contractual declaration to a package travel contract:
2.4.1. About the existence of a package tour by means of a standard information sheet in accordance with Section 4 (1) PRG. In addition, the standard information sheet for package tours can be consulted on the tour operator’s website.
2.4.2. About the information listed in § 4 para. 1 PRG, insofar as this is relevant to the package tour to be agreed and is necessary for the implementation and provision of services. In addition, this information can generally be viewed in the catalog or on the website of the tour operator.
2.4.3. Whether the package tour to be agreed is generally suitable for people with restricted mobility (see 1.6.), provided that this information is relevant for the package tour in question (§ 4 Para. 1 Z 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 processing health formalities (§ 4 Para. 1 Z 6 PRG), provided that this information is relevant for the package tour in question. Upon request, the tour operator will provide information on currency and customs regulations. In addition, general information on passport and visa requirements, health policy formalities, and currency and customs regulations for travelers with Austrian citizenship can be found by selecting the desired country of destination at https://www.bmeia.gv.at/reise-urlaub/reiseinformation/laender/ – or from EU citizens by their respective representation authorities. It is assumed that it is known that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is generally required for trips abroad, and that the traveler is responsible for its validity. We recommend that you carry a valid EU travel document, which is valid for at least 6 months after your return. The traveler is responsible for complying with the health formalities communicated to him. The traveler is responsible for obtaining a necessary visa, unless the tour operator or travel agent has agreed to obtain one.
2.5. Special wishes of the traveler in terms of customer requests (e.g. sea view) are generally non-binding and do not trigger any legal claim as long as these wishes have not been confirmed by the tour operator in the sense of a requirement of the traveler in accordance with § 6 Para. 2 Z 1 PRG. If there is a confirmation, there is a binding promise of performance. The inclusion of customer requests by the tour operator merely represents a promise of use, to forward them to the specific service provider or to clarify their ability to be fulfilled and is not a legally binding promise as long as it is not confirmed by the tour operator
2.6. If the traveler does not book directly with the tour operator (e.g. by visiting a branch, making inquiries by telephone or e-mail, etc.), but via a travel agent, the provisions of point 2 of these GTC apply to them.
3. TRAVEL AGENT POWERS AND SERVICES BOOKED ON SITE
3.1. Travel agents are not authorized by the tour operator to make deviating agreements, to provide information or to make assurances that change the agreed content of the package travel contract, go beyond the contractually agreed services of the tour operator or contradict the travel offer. Travel catalogs and Internet advertisements that were not published by the tour operator are not binding for the tour operator and his 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. On-site services booked with third parties who are different from the tour operator or are not attributable to the tour operator are not binding for the tour operator and his obligation to perform and are not attributed to him, unless these services have been expressly confirmed/authorized by the tour operator (see also 20.6.).
4. TRAVELERS’ OBLIGATION TO DISCLOSURE 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 one – all personal information (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/take along of medicines, prostheses, animals) that is necessary and relevant for the package tour etc.) in a timely, complete and truthful manner. The traveler has to 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 the special needs of his fellow travelers, in particular about an existing restricted mobility or the state of health and others Restrictions that may be relevant for the preparation of travel offers or for the execution or execution of a package tour with the services to be agreed (e.g. hiking trips etc.), if necessary with the provision of complete qualified evidence (e.g. medical certificate), to notify.
4.2. It is recommended that the traveler, 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 treatments, etc.) that appear likely to impair the execution of the trip, to clarify with a doctor before booking whether the necessary ability to travel is given.
4.3. If the traveler’s mobility is only restricted in the period between the conclusion of the contract and the start of the package tour, or if other restrictions within the meaning of 4.1 arise during this period. the traveler must inform the tour operator of this immediately – whereby the written form is recommended for reasons of proof – so that he can decide whether the traveler can continue to participate in the package tour without endangering himself or fellow travelers, or whether he should exclude the traveler and withdraw from the contract is entitled. If the traveler does not comply with his duty to provide information in full or in good time and the tour operator declares withdrawal from the contract, the tour operator is entitled to compensation in accordance with the flat-rate compensation.
4.4. The traveler who makes a booking for himself or third parties (fellow travellers) is considered the customer and, unless another agreement has been made, assumes the obligations arising from the contract with the tour operator (e.g. payment of the remuneration; only the client is entitled to withdraw from the contract, etc.) (cf. 1.2.).
4.5. The traveler is obliged to check all contractual documents (e.g. package travel contract, booking confirmation, vouchers) sent by the tour operator for factual correctness of their information/data and for any discrepancies (typographical errors; e.g. names, date of birth) as well as incompleteness and in the event of inaccuracies / Deviations / incompleteness must be reported to the tour operator immediately for correction – although the written form is recommended for reasons of proof. The traveler must bear any additional expenses that may arise as a result, if this additional expense is based on false or incorrect information provided by the traveler, whereby the fee is at least € 50.00.
4.6. In the event of the impossibility of the contractually agreed return transport of the traveler 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 (according to Article 2 letter a of Regulation (EC) No. 1107/2006 on the rights of disabled passengers and passengers with reduced mobility) and their fellow passengers, to pregnant passengers, to unaccompanied minor passengers and to Travelers who require special medical care, provided that the persons named inform the tour operator of their special needs, which did not exist at the time of booking or did not have to be known to them, 48 hours before the start of the trip (cf. 4.3.).
4.7. Pursuant to Section 11 (2) PRG, the traveler must report any non-conformity of the agreed travel services that he perceives immediately and in full, including a specific description of the non-conformity/defect, so that the tour operator can be put in a position to rectify the non-conformity – if this depends on the individual case is possible or feasible – taking into account the respective circumstances (e.g. time difference, impossibility of making contact during an expedition, existence of an alternative or an exchange/improvement possibility, etc.) and the associated effort (e.g. clean replacement room, find replacement hotel, etc.) to fix it on site. If the traveler books through a travel agent and a non-conformity occurs during the business hours of the travel agent, the traveler must report the non-conformity to the agent. The traveler is recommended to use the written form, in particular for reasons of proof. Outside normal business hours, the traveler must report any breaches of contract to the local representative of the tour operator or, if there is no representative and/or is not contractually owed, directly to the tour operator using the emergency number provided in the package travel contract. Failure to report a non-conformity will have an impact on any warranty claims of the traveler if remedial action is possible on site and if a report would have been reasonable. Failure to report can also be counted as contributory negligence (§ 1304 ABGB) in accordance with § 12 Para. 2 PRG with regard to claims for damages. A notification of a breach of contract does not result in a service commitment from the tour operator.
4.8. The traveler is obliged to pay the travel price agreed within the framework of the package travel contract in accordance with the terms of payment in full and on time. In the event of late or incomplete down payment or final payment, the tour operator reserves the right, after a reminder and setting a grace period, to withdraw from the contract and, regardless of the lump sum compensation incurred, to claim any additional compensation.
4.9. In the event of the assertion and receipt of payments from claims for damages or price reductions within the meaning of Section 12 (5) PRG (e.g. compensation payment in accordance with Art 7 FluggastrechteVO) or in the event of receipt of other payments and services from service providers or third parties who are based on Claims for damages or price reductions by the traveler against the tour operator are to be offset against the tour operator (e.g. payments by the hotel), the travel agent or tour operator must be informed of this fact completely and truthfully.
4.10. In the event of breaches of contract, the traveler has a duty to mitigate damage (§ 1304 ABGB).
5.1. Basically, when traveling on vacation, it should be noted that no valuable objects, important documents, etc. should be taken with you. In the case of important documents, the making and use of copies – insofar as their use is permitted – is recommended. The theft of valuables cannot be ruled out and is generally to be borne by the traveler himself, as realization of the general life risk.
5.2. It is recommended that you take out insurance (travel cancellation insurance, travel interruption insurance, baggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.) that ensures sufficient coverage from the date of the package travel contract until the end of the package tour. The traveler can find more information about insurance in the catalog and on the website of the tour operator.
6. BOOKING/CONCLUSION OF CONTRACT/DEPOSIT/PAYMENT OF THE BALANCE
6.1. The package travel contract is concluded between the traveler and the tour operator if there is agreement on the essential parts 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. Unless otherwise agreed, the traveler must make a deposit of 20% of the travel price to the account specified in the package travel contract (or to the account specified by the travel agent) within 1 day of receipt of the package travel contract, but no earlier than 11 months before the end of the package travel account) to transfer. The remaining payment is made no earlier than 20 days before departure.
6.3. If a contract is concluded within 20 days before departure, the entire travel price must be transferred to the account specified there (or to the account specified by the travel agent) immediately upon receipt of the package travel contract.
6.4. If the traveler does not meet his payment obligations according to 6.2. or 6.3. not, the tour operator reserves the right, after a reminder with a deadline, to withdraw from the contract and to demand compensation in accordance with the flat-rate compensation.
7. PEOPLE WITH REDUCED MOBILITY
7.1. Whether a package tour is specifically suitable for people with restricted mobility depends on the individual case, taking into account the type and extent of the restricted mobility, the nature of the package tour (e.g. adventure trip, study trip, city trip, etc.), the country/destination, the means of transport (e.g bus, plane, ship, etc.), as well as the accommodation (e.g. hotel, mountain hut, tent, etc.) to be clarified. Persons with restricted 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 tour in a specific case for people with restricted mobility does not mean that all the services contained in the package tour contract can be used by the person with restricted mobility without restrictions (e.g. a hotel complex can have suitable rooms and other areas for people with restricted mobility However, this does not mean that the entire facility (e.g. use of the pool, etc.) is suitable for people with restricted mobility). If this is the case and the person with restricted mobility books the package tour, the tour operator keeps a handicap log. This is the basis of the package travel contract to be concluded.
7.2. The tour operator can refuse the booking of a package tour by a person with restricted mobility if the tour operator and/or one of the vicarious agents (e.g. hotel, airline, etc.) after a careful assessment of the specific requirements and needs of the traveler come to the conclusion that this cannot be transported/accommodated safely and in accordance with safety regulations or come to the conclusion that the specific package tour is not suitable for the traveller.
7.3. The tour operator and/or one of its vicarious agents (e.g. airline, hotel, etc.) reserves the right to refuse carriage/accommodation to a traveler who has failed to notify the tour operator in accordance with 4.1. and/or 4.3. of the General Terms and Conditions sufficiently about his restricted mobility and/or special needs in order to enable the tour operator and/or the vicarious agent to assess the possibility of safe and organisationally practicable transport/accommodation.
7.4. The tour operator reserves the right to take travelers who, in the opinion of the tour operator and/or one of the vicarious agents (e.g. airline, hotel, etc.) are not fit to travel or are not suitable for the package tour due to the itinerary, travel destination, etc. or pose a danger to themselves or others during the package tour, to refuse participation in the package tour for safety reasons.
8. PACKAGE TRAVEL AGREEMENT
8.1. Upon conclusion of a package travel contract or immediately thereafter, the traveler receives a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, email). If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveler is entitled to a paper version. In the case of contracts concluded outside of business premises within the meaning of § 3 Z 1 FAGG, the traveler agrees that the copy or confirmation of the package travel contract can alternatively also be made available on another permanent data medium (e.g. email).
8.2. Unless otherwise agreed, the traveler will be sent the booking vouchers, vouchers, transport tickets and admission tickets (or vouchers instead), information on the planned expected departure times and, if applicable, on planned stopovers, at the delivery/contact address last given by him/her in good time before the start of the package tour , connecting connections and arrival times are provided. If the documents/documents just mentioned are inaccurate/deviations/incompleteness within the meaning of 4.5. exhibit, the traveler must contact the travel agent or tour operator (cf. 4.5.).
9.1. Pursuant to § 7 PRG, the traveler has the right to transfer the package travel contract to another person who fulfills all contractual conditions and is also suitable for the package tour (criteria can include gender, (non)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 terms of the contract or is not suitable for the package tour, the tour operator can object to the transfer of the contract. The tour operator must be informed of the transfer of the contract within a reasonable period of 20 days, but no later than seven days before the start of the trip on a durable medium (e.g. paper, email).
A minimum manipulation fee of €50 must be paid for the transfer of the package travel contract, provided no additional costs are incurred. The traveler 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 incurred.
9.2. Many airlines or other carriers or service providers treat changes in travel date or passenger name as cancellations and charge accordingly. If additional costs arise, these will be charged to the traveler (analogous to § 7 Para. 2 PRG).
10. PRICE CHANGES PRIOR TO TRIP
10.1. The tour operator reserves the right in the package travel contract to make price changes after conclusion of the package travel contract up to 20 days before the start of the package tour at the latest. The tour operator will inform the traveler of the price increase (including the calculation) at the latest 20 days before the start of the package tour in a clear, understandable and clear manner on a durable medium (e.g. paper, email) at the address last given by him, stating the reasons.
10.2. If the following costs change after the conclusion of the contract, price changes are permissible:
1) costs of passenger transportation due to the cost of fuel or other energy sources;
2) Amount of taxes and duties to be paid for the contracted travel services, such as sojourn taxes, landing taxes, embarkation or disembarkation fees in ports, corresponding fees in airports and fees for services in ports or airports, or changes in the VAT rate;
3) the exchange rates applicable to the package tour.
Price changes can result in price increases or price decreases. With regard to 1) each change in the travel price corresponds to the additional amount charged by the service provider for bus, train or flight or 30% of the travel price per dollar of the price increase of a barrel of fuel (NY-MEX Index), with regard to 2) every change in the travel price corresponds to the full Amount of fees or VAT increase, regarding 3) each change in the travel price corresponds to the change in exchange rates.
In the event of price reductions, the traveler will be reimbursed for the amount of the price reduction. However, the tour operator can deduct actual administrative expenses from this amount. At the request of the traveler, the tour operator documents these administrative expenses.
10.3. In the case of an increase of more than 8% of the travel price (in the sense of § 8 PRG), 11.4. for application. The traveler has the choice of accepting the increase as a change to the contract, agreeing to participate in a replacement trip – if this is offered – or withdrawing from the contract without being obliged to pay a lump sum compensation. Insurance premiums already paid cannot be refunded to the traveller.
11. SERVICE CHANGES PRIOR TO TRIP
11.1. The tour operator may make minor changes to the service before the start of the trip, provided he has reserved this right in the contract. The tour operator or travel agent, if the package tour was booked through such an agent, will inform the traveler clearly, understandably and clearly on a durable medium (e.g. paper, e-mail) about the changes at the last address they provided.
11.2. Insignificant changes are – although this must be checked on a case-by-case basis – minor, objectively justified changes that do not significantly change the character and/or 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 that the tour operator is forced to make if the changes affect essential characteristics of the travel services and/or have an impact on the package tour and/or travel processing. Whether a change or reduction in the quality or value of travel services is significant must be decided on a case-by-case basis, taking into account the type, duration, purpose and price of the package tour, as well as taking into account the intensity and duration as well as the causality of the change and, if necessary, the Responsibility for the circumstances that led to the change must be assessed.
11.4. If the tour operator is forced to make significant changes in the above-mentioned sense of those essential characteristics of the travel services that make up the character and purpose of the package tour (cf. § 4 para. 1 no. 1 PRG) in accordance with § 9 Para expressly confirmed by the tour operator, or if he increases the total price of the package tour by more than 8% in accordance with the provisions of § 8 PRG, the traveler can
– agree to the proposed changes within a reasonable period of time set by the tour operator, or
– agree to take part in a replacement trip if this is offered by the tour operator, or
– withdraw from the contract without paying any compensation.
In the cases just mentioned, the tour operator will therefore inform the traveler of the following points clearly, understandably and clearly on a durable medium (e.g. paper, email) at the address he last provided:
– the changes to the travel services and, if applicable, their impact on the price of the package tour
– the reasonable time within which the traveler will inform the tour operator of his decision, as well as the legal effect of not making a statement within the reasonable time,
-if applicable, the package tour offered as a replacement and its price.
Travelers are advised to use the written form for their declaration. If the traveler does not make a statement within the period, this is deemed to be consent to the changes.
12.1. Due to, for example (without claiming to be complete), environmental and weather influences (e.g. rain, wind, avalanches, mudslides etc.), natural disasters (e.g. earthquakes, floods, hurricanes etc.), border closures, government orders, road blocks, traffic jams, flight time changes, terrorist attacks , power failures, opening hours changed at short notice, etc., the advertised or contractually agreed route may be deviated from, stations on the tour may be postponed or brought forward, planned visits may be omitted or changed. In these cases, the tour operator endeavors to offer alternatives of equal value or to make up for any parts that have been omitted elsewhere.
13.1. If there is a breach of contract because an agreed travel service was not provided or was provided inadequately (=contrary to contract), the tour operator will remedy the breach of contract if the traveler or his fellow travelers (e.g. family members) do not bring about this themselves and/or do not violate their obligations 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 a reasonable deadline for remedying the non-conformity, whereby the reasonableness of the deadline is determined in each individual case, based on the type/purpose/duration of the package tour, the non-conformity reported, the time of the report (e.g. late in the evening etc.), as well as the required time resources, which are necessary for the procurement of a replacement, for example an object (relocation, etc.), must be assessed. A deadline must be set for the local representative of the tour operator or, if there is no representative and/or not contractually owed, for the tour operator on the emergency number provided in the package travel contract.
13.2. If the traveler fails to fulfill his duty of notification according to point 4.7. or to fulfill his/her obligations to cooperate (e.g. to look at a replacement room offered by the tour operator or to pack his bags for a room change, etc.) or he sets the tour operator an unreasonably short deadline to remedy the non-conformity or he supports the tour operator
within the framework of what is reasonable when remedying the non-conformity, or if he refuses without legal reason, the substitute services offered by the tour operator to remedy the non-conformity, the traveler must bear the disadvantageous legal consequences (cf. point 4.7.).
13.3. If the tour operator does not remedy the breach of contract within a reasonable period of time, the traveler can remedy the situation himself and demand reimbursement of the necessary expenses from the tour operator (cf. § 11 Para. 4 PRG). The principle of the obligation to minimize damage applies, ie. the damage incurred (e.g. costs for substitute performance) must be kept as low as possible, based on the duration, value and purpose of the trip. In addition, an objective approach to the non-conformity must be assumed.
13.4. If a significant part of the agreed travel services cannot be provided in accordance with the contract, the tour operator offers the traveler reasonable accommodation without additional costs, provided that this is possible due to the circumstances and conditions (on site) (impossibility, e.g. if there is only one hotel in the booked category). other arrangements (replacement service) to continue the package tour, which, if possible, are of the same or higher quality than the contractually agreed services; The same applies if the traveler is not transported back to the place of departure in accordance with the contract. If the other precautions offered by the tour operator may result in a lower quality of the package tour than the contractually agreed services (e.g. half-board instead of all-inclusive), the tour operator shall grant the traveler a reasonable price reduction. The traveler can only reject the proposed other arrangements if these are not comparable to the services agreed in the package travel contract or the price reduction granted is not reasonable. In the event of rejection, the traveler must demonstrate that the other precautions offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or the price reduction offered is not sufficient.
13.5. Does the non-conformity have significant effects within the meaning of point 11.3. on the execution of the package tour and the tour operator does not remedy the lack of conformity within a reasonable period set by the traveler, taking into account the circumstances and lack of contract (cf. 13.1.), the traveler can, provided that the continuation of the package tour based on the size of an average traveler is not possible for him is reasonable, to withdraw from the package travel contract without paying compensation and, if necessary, to assert warranty and damage claims in accordance with § 12 PRG. If the traveler withdraws from the package travel contract, he should be aware that this involves a certain risk, since both the significance of the effects of breaches of contract and the reasonableness of continuing the trip must be assessed in the individual case (by a judge) and the result of this assessment may deviate from the perception of the traveller. If no other precautions according to point 13.4. are offered or the traveler rejects the other options offered according to point 13.4. If there is a breach of contract, the traveler is 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 rejection, the traveler must demonstrate that the other precautions offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or the price reduction offered is not sufficient. If the carriage of persons is part of the package tour, the tour operator shall, in the cases mentioned in this paragraph, also ensure the immediate return of the traveler using an equivalent transport service at no additional cost to the traveler.
13.6. If services cannot be provided due to unavoidable and extraordinary circumstances and the tour operator does not withdraw from the package tour (cf. 17.1.), but instead offers replacement services, the traveler must bear 75% of any additional costs that may arise.
14. CANCELLATION BY THE TRAVELER WITHOUT PAYING A COMPENSATION FEE
14.1. The traveler can withdraw from the package travel contract before the start of the package tour – without paying a flat-rate compensation – in the following cases:
14.1.1. If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which must be assessed on a case-by-case basis taking into account the content of the contract and the impact of the relevant circumstance that entails the risk, which make the package tour or the carriage of Persons at the destination significantly within the meaning of 11.3. affect. If the traveler withdraws from the contract in these cases, he is entitled to a full refund of all payments made for the package tour, but not to additional compensation (cf. § 10 Para. 2 PRG).
14.1.2. In the cases of point 11.4.
The cancellation must be declared to the tour operator in writing (registered letter, email) without exception.
14.2. After the start of the package tour, the traveler can in the cases of point 13.5. withdraw from the package travel contract without paying a lump sum compensation.
15. CANCELLATION BY THE TRAVELER PAYING A COMPENSATION FLAT RATE
15.1. The traveler is entitled to withdraw from the contract at any time against payment of a compensation fee (cancellation fee). The cancellation must be declared to the tour operator in writing (registered letter, email) without exception. If the package tour was booked through a travel agent, the cancellation can also be declared to them.
15.2. The compensation flat rate is a percentage of the travel price and depends on the amount at the time of the declaration of cancellation as well as on the expected saved expenses and income from other use of the travel services. In the event of the inappropriateness of the compensation lump sum, it can be moderated by the court.
15.3. The following compensation flat rates apply to each package tour:
Up to 42 days before departure 20%
From 41 days before departure 25%
From 29 to 15 days before departure 50%
From 14 to 4 days before departure 85%
From the 3rd day before departure 100%
15.4. The following compensation flat rates apply per day trip:
No cancellation fees up to 15 days before departure
From 14 to 3 days before departure 50%
From the 2nd day before departure and no-show 100%
15.5. If tickets were booked with a canceled trip, 100% of the ticket costs will be charged as a cancellation fee. This applies if the tickets can no longer be resold by us.
Please note the deviating conditions/cancellation conditions/payment conditions on page 63.
16. NO-SHOW AND CANCELLED JOURNEY
16.1. There is no show if the traveler does not leave the airport because they do not want to travel or if they miss the departure because of an act attributable to them or because of an accident that happened to them. If it is also made clear that the traveler can no longer or does not want to use the remaining travel services, he must pay the following flat-rate compensation: 100%
17. CANCELLATION BY THE TOUR OPERATOR BEFORE THE START OF THE TRIP
17.1. The tour operator can withdraw from the package travel contract before the start of the package tour if he is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and his declaration of withdrawal is received by the traveler at the delivery/contact address last given by him immediately, at the latest before the start of the package tour (cf § 10 paragraph 3 lit b PRG).
17.2. The tour operator can withdraw from the package travel contract before the start of the package tour if fewer than 25 people have registered for the package tour or fewer than 30 people for day trips and the tour operator’s declaration of withdrawal has been sent to the traveler at the last delivery/contact address given by him, at the latest:
a) 20 days before the start of the package tour for trips lasting more than six days,
b) seven days before the start of the package tour for trips between two and six days,
c) 48 hours before the start of the package tour for trips lasting less than two days,
d) for day trips, the cancellation takes place 1 day before departure
(see § 10 para. 3 lit a PRG).
17.3. If the tour operator according to 17.1. or 17.2. from the package travel contract, he reimburses the traveler the travel price, but he does not have to pay any additional compensation.
17.4. If the tour operator decides to carry out the trip despite falling below the minimum number of participants, the customer may accept deviations in the services. A smaller vehicle may be used and the tour will be escorted by a driver rather than a tour guide.
18. WITHDRAWAL OF THE TOUR OPERATOR AFTER THE BEGINNING OF THE PACKAGE TRIP
18.1. The tour operator is released from fulfilling the contract without being obliged to reimburse the travel price if the traveler prevents the package tour from being carried out through grossly improper behavior (e.g. alcohol, drugs, non-compliance with a smoking ban, disregard of certain clothing regulations, e.g. when visiting religious sites or when eating meals , criminal behavior, disruptive behavior towards fellow travelers, non-compliance with the instructions of the tour guide or the driver, such as regularly arriving late, etc.), despite a warning, disrupts the travel process or fellow travelers and hinders them to an extent that is suitable for holiday relaxation to impair third parties or fellow travelers or to thwart the purpose of the trip. In such a case, the traveler is obliged to compensate the tour operator for the damage.
19. OVERALL TRAVELER LIFE RISK
19.1. A package tour usually entails a change in the familiar environment. An associated realization of the general life risk of the traveler such as (without claiming to be complete), stress, nausea (e.g. due to climatic changes), tiredness (e.g. due to a humid and humid climate), digestive problems (e.g. due to unfamiliar spices, food, etc.) and/or the realization of any risk associated with the trip, such as (without claiming to be complete) 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 use services that were properly offered to him for the above-mentioned reasons or if he declares withdrawal from the contract for such a reason, he is not entitled to assert warranty claims or claims for reimbursement of parts of travel services not used.
20.1. If the tour operator or a service provider attributable to him culpably violates the tour operator’s obligations arising from the contractual relationship with the traveler, the traveler is obliged to compensate the traveler for the resulting damage.
20.2. The tour operator is not liable for personal injury, damage to property and financial losses of the traveler that arise in connection with booked services, provided that they
20.2.1. represent a realization of the general life risk of the traveler or a general risk associated 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 who is not involved in the provision of the travel services covered by the package travel contract and the lack of conformity was neither foreseeable nor avoidable; or
20.2.4. are 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 that arise in the course of realizing the risks if this happens outside of his area of responsibility. The obligation of the tour operator 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.
20.4. The traveler must comply with laws and regulations, instructions and directives of the on-site staff, as well as commands and prohibitions (e.g. bathing ban, diving ban, etc.). If the traveler fails to comply, the tour operator shall not be liable for any resulting personal injury or property damage to the traveler or personal injury or property damage to third parties.
20.5. The tour operator is not liable for the provision of a service that he has not promised or which the traveler has booked after the start of the trip himself on site with third parties or service providers who are not attributable to the tour operator.
20.6. Travelers are advised not to take any items of particular value with them. Furthermore, it is recommended to properly store and/or insure the items taken with you (cf. 5.1.).
20.7. To the extent that the Montreal Convention Concerning Carriage by International Air Transport 2001, the Athens Protocol 2002 to the Athens Convention Concerning Carriage by Sea 1974 or the Convention Concerning International Carriage by Rail 1980 as amended 1999, the extent of damages or the conditions under which a supplier of one of the package travel contract covered travel service has to pay compensation, these restrictions also apply to the tour operator (cf. § 12 Para. 4 PRG).
21.1. In order to facilitate the assertion and verification of asserted claims, the traveler is recommended to obtain written confirmation of the non-performance or inadequate performance of services or to secure receipts, evidence, witness statements.
21.2. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.
21.3. In the interest of the traveller, it is advisable to assert claims immediately after returning from the package tour, fully and specifically, directly to the tour operator or through the travel agent, since increasing delays can lead to difficulties in providing evidence.
22. DELIVERY – ELECTRONIC MAIL
22.1. The last address given to the tour operator (e.g. email address) applies as the delivery/contact address for the traveler. Changes are to be announced by the traveler immediately. The traveler is recommended to use the written form.
23. DISCLOSURE OF INFORMATION TO THIRD PARTIES
23.1. Information about the names of the travelers and the whereabouts of travelers will not be given to third parties, even in urgent cases, unless the traveler has expressly requested information and the beneficiary is announced at the time of booking. The costs incurred by the transmission of urgent messages are borne by the traveler. Travelers are therefore recommended to inform their relatives of the exact holiday address.
24. CUSTOMER MONEY PROTECTION
According to the Package Travel Ordinance (PRV), customer payments to the tour operator are protected by insurance under the following conditions: Down payment no earlier than 11 months before the end of the trip is a maximum of 20% of the travel price. The remaining payment is made at the earliest 20 days before departure, step by step against delivery of the travel documents. If you make use of special early bird bonuses including strict cancellation conditions, e.g. on the part of hotels or airlines, 100% of these services may become due at the time of booking.
Hedging agent/insurer: HDI Global SE, HDI-Platz 1, D-30659 Hanover The amount of the protection is unlimited and the term is unlimited.
Processor: TVA-Tourismusversicherungsagentur GmbH, Baumannstrasse 9, A-1030 Vienna, emergency number: 0043/1/361 90 77 44. Registration of claims in the event of other loss 8 weeks from the onset of insolvency.
Tour operator: Walser Touristik Services e.U. / LUXTirol, Thomas-Walch Straße 35a, A-6460 Imst, telephone number: +43 5412 61630, email: firstname.lastname@example.org
www.luxtirol.at, GISA number: 21414350
25. PLACE OF JURISDICTION
The exclusive place of jurisdiction is Innsbruck Regional Court.
SPECIAL DIFFERING CONDITIONS/CANCELATION CONDITIONS/PAYMENT CONDITIONS:
Up to the day on which the special, supplementary cancellation conditions come into force, the compensation flat-rates see point 15.3 apply.
- FOR FLIGHTS AFTER BOOKING GENERALLY 100% CANCELLATION FEE APPLY. NO NAME CHANGE POSSIBLE.
When traveling by plane, batteries with a capacity of max. 160 watts may be carried in hand luggage without exception – never in checked baggage. Higher capacity batteries are excluded from carriage. Damage to luggage must be reported to the responsible airline immediately at the airport by means of a damage report (P.I.R.). In the case of bus trips, the damage must be reported to the bus driver or tour guide immediately when loading or unloading the luggage. Be sure to take out travel insurance. Only travel insurance guarantees financial compensation for luggage damage.
Seat allocation for bus trips
If there are different boarding points, there is no guarantee of boarding on the same bus. Seats on the coach will be allocated in the order in which registrations are received. Due to the design of the vehicles, there may be a shift in the reserved seats, especially when changing vehicles, for which we ask for your understanding. When using our double-decker buses, the guests booked first sit on the upper deck.
Boarding times are subject to change. Please refer to your travel documents for the most recent times.
Hotels are subject to change. Please refer to your travel documents for the last valid hotel address. On the day of arrival, the hotels are ready for occupancy from 4:00 p.m. at the latest. On the day of departure, the rooms must be vacated by 10:00 a.m. at the latest.
All information is correct as of July 2020. Subject to change.
We reserve the right to errors in typesetting and printing.
Imprint: Walser Touristik Services e.U. / LUXTirol, Thomas-Walch Strasse 35a, A-6460 Imst