Pyhrn-Priel Tourismus GmbH as ORGANIZER
Status: January 2023
1. Scope and Definitions
The tour operator is Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: firstname.lastname@example.org, (“Pyhrn-Priel Tourismus GmbH”) and provides its services in accordance with statutory regulations Provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV).
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 contractual declaration to a contract. 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 client and, unless another agreement has been made, assumes the obligations arising from the contract with the tour operator (payments, withdrawal from the contract) analogously within the meaning of § 7 Para contract etc).
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. 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.
A package travel contract is the contract concluded between the tour operator and the traveler for a package tour. The travel price is understood to mean the amount to be paid by the traveler as stated in the package travel contract. 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 the services to be agreed to be adapted to the special needs of this person. Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/circumstances beyond the sphere/control of the person who invokes them and the consequences of which could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, severe impairment of the Security such as terrorism, outbreaks of serious diseases, natural disasters, weather conditions that prevent safe travel, etc.) (cf. § 2 Para. 12 PRG).
The Package Travel Act and the general terms and conditions do not apply to package travel contracts that are concluded between two entrepreneurs on the basis of a general agreement on the organization of business trips (e.g. framework agreement).
2. Responsibilities of the tour operator
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 - in the absence of clarification by the traveler - can form the basis of the travel proposals. When creating travel suggestions, for example, the amount of the price, expertise of the service provider, discounts, the best price principle and other things can at best be used as parameters.
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 § 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, he informs the traveler 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 traveller 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).
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 associated with the package tour (e.g. bicycle, mountain bike, hiking tour). A duty to provide information about generally known circumstances (e.g. the nature of cycle paths, mountain bike trails and hiking trails, topography, climate, flora and fauna of the destination desired by the traveller, etc.) do not exist unless, depending on the type of package tour, there are no circumstances that require special clarification or provided the clarification of the circumstances for the provision and the process or the implementation of the services to be agreed is not 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.
The tour operator informs the traveler in accordance with § 4 PRG before he is bound by a contractual declaration to a package travel contract:
- About the existence of a package tour by means of a standard information sheet in accordance with Section 4 (1) PRG.
- About the information listed in § 4 paragraph 1 PRG, insofar as this is relevant to the package tour to be agreed and is necessary for the implementation and service provision
- Whether the package tour to be agreed is generally suitable for people with restricted mobility (see 1.6.), provided that this information is relevant to the package tour in question (§ 4 Para. 1 Z 1 lit h PRG).
- 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 formalities and currency and customs regulations for travelers with Austrian citizenship can be found by selecting the desired country of destination at from EU citizens by their respective representation authorities. It is assumed that travel abroad generally requires a valid passport, for the validity of which the traveler is responsible, as well as for compliance with the health formalities communicated to him and for obtaining a necessary visa the tour operator or travel agent has not agreed to take care of it.
In the case of air travel, the tour operator informs the traveler of the identity of the operating airline in accordance with Art. 11 VO 2111/05, provided this is already known when the contract is concluded. If the operating airline has not yet been determined when the contract is concluded, the tour operator will inform the traveler of the airline that is expected to operate the flight. As soon as the operating airline has been determined or if there is a change in the operating airline after booking, the traveler will be informed as soon as possible.
Special wishes of the traveler in the sense of customer wishes (e.g. lake 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 feasibility and is not a legally binding promise as long as it has not been confirmed by the tour operator. 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. Powers of the travel agent and services booked on site
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. Services booked on site by 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.
4. The traveller's obligation to provide information and to cooperate
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 (e.g. date of birth, nationality, height, etc.) and factual information (e.g. planned import/taking of medication, prostheses) that is necessary and relevant for the package tour , animals, etc.) in good time, completely and truthfully. The traveler must inform the tour operator about all personal circumstances or those of fellow travelers (e.g. allergies, food intolerance, no travel experience, etc.) and about his or the special needs of his fellow travelers, in particular about an existing limited mobility or the state of health and others Restrictions that may be relevant for the creation of travel offers or for the execution or implementation of a package tour with the services to be agreed (e.g. bicycle, mountain bike, hiking trip).
- The traveler is recommended to consult a doctor before booking in the event of restricted mobility or other restrictions or special needs as defined in point 4 (e.g. the need for special medication, regular medical treatments, etc.) that appear likely to impair the execution of the trip to clarify whether the necessary ability to travel is given.
- If the mobility of the traveler is only restricted in the period between the conclusion of the contract and the start of the package tour, or if there are other restrictions within the meaning of 4. during this period, the traveler must inform the tour operator of this immediately in writing so that he can decide whether the traveler can continue can participate in the package tour without endangering himself or fellow travelers, or whether he is entitled to exclude the traveler and withdraw from the contract. 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.
- The traveler who makes a booking for himself or third parties (fellow travellers) is considered the client and, unless another agreement has been made, accepts 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.).
- 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 deviations (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 in writing immediately for correction.
- 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 48 hours before the start of the trip of their special needs that did not exist at the time of booking or did not have to be known to them.
- 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, the existence of an alternative or an exchange/improvement possibility, etc.) and the associated effort (e.g. cleaning replacement rooms, finding replacement hotels, etc.). ), to fix 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 travel agent in writing. 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 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.
- 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 non-timely or incomplete down payment or final payment, the tour operator reserves the right, after a reminder and setting a grace period, to declare withdrawal from the contract and to claim additional compensation regardless of the lump sum compensation incurred.
- 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 Article 7 of the Passenger Rights Ordinance) 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 must be offset (e.g. payments by the hotel), the travel agent or tour operator must be informed of this fact completely and truthfully.
In the event of breaches of contract, the traveler has a duty to mitigate damage (§ 1304 ABGB).
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.
It is recommended to take out insurance (travel cancellation, travel curtailment, luggage, travel liability, travel health insurance, 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. Further information: In the catalog or on the tour operator's website.
6. Booking/Conclusion of Contract/Deposit
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.
- Unless otherwise agreed, the traveler must make a deposit of 10% of the travel price to the account specified in the package travel contract (or to the account specified by the travel agent) within 14 days of receipt of the package travel contract, but no earlier than 11 months before the end of the package travel account) to transfer.
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.
If the traveler does not meet his payment obligations, 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. Persons with reduced mobility
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. bicycle, mountain bike, hiking tour, etc.), the country/destination, the means of transport (e.g. bus, plane, ship etc.), as well as the accommodation (e.g. hotel, alpine hut, tent etc.) 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).
The tour operator can refuse the booking of a package tour by a person with reduced 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 the traveller 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.
The tour operator and/or one of the vicarious agents (e.g. airline, hotel, etc.) reserves the right to refuse the carriage/accommodation of a traveler who has failed to inform the tour operator 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.
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, the travel destination, etc. or a pose a danger to themselves or others during the package tour, to refuse participation in the package tour for safety reasons.
8. Package Travel Contract
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).
Unless otherwise agreed, the traveler will be sent the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned, probable Departure times and, where applicable, scheduled stopovers, connecting connections and arrival times are provided.
If the mentioned documents or documents show inaccuracies, discrepancies and/or incompleteness within the meaning of point 4, the traveler must contact the travel agent or tour operator.
According 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 travel (e.g. gender, (non)pregnancy, state of health, required vaccinations, special knowledge and skills, visas, valid entry documents, no 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 14 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.
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 before departure
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.
If the following costs change after the conclusion of the contract, price changes are permissible:
- costs of passenger transportation resulting from the cost of fuel or other energy sources;
- Amount of taxes and duties to be paid for the contracted travel services, such as e.g.
- the exchange rates applicable to the package tour.
With regard to 1) every change in the travel price corresponds to the amount additionally charged by the service provider for bus, train or flight, with regard to 2) every change in the travel price corresponds to the full amount of the fees, with regard to 3) every change in the travel price corresponds to the change in exchange rates.
In the case of an increase of more than 8% of the travel price (in the sense of § 8 PRG), 11. applies. 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. Changes in service before departure
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.
Insignificant changes are minor, objectively justified changes that do not significantly change the character and/or the duration and/or the service content and/or the quality of the booked package tour.
Whether a change or reduction in the quality or value of travel services is significant must be determined in each individual case, 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.
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 it increases the total price of the package tour by more than 8% in accordance with the provisions of § 8 PRG, the traveler can, within a reasonable period of time set by the tour operator, agree to the proposed changes or to participate in a replacement tour agree 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, e-mail) at the address he last provided:
the changes to the travel services and, if applicable, their impact on the price of the package, the reasonable time within which the traveler must inform the tour operator of his decision, as well as the legal effect of failure to make a declaration within the reasonable time, if applicable, the package offered as a replacement and their price.
If the traveler does not make a statement within the period, this is deemed to be consent to the changes.
Due to, for example (without claiming to be complete), environmental and weather influences (e.g. storm, rain, snow, avalanches, mudslides, etc.), natural disasters (e.g. earthquakes, floods, wind throw, hurricanes, etc.), road closures, border closures, government orders, 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 of the tour may be postponed or brought forward, sightseeing may be omitted or changed. In these cases, the tour operator endeavors to offer alternatives of equal value, if available, or to catch up on parts that have been omitted elsewhere, if possible.
If there is a breach of contract because an agreed travel service was not provided or was provided inadequately, 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 carried out by the travel agent traveler is frustrated and/or the remedy would not be impossible or would involve 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, e.g. 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.
If the traveler fails to comply with his notification obligation in accordance with point 4 or his 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 if he sets the tour operator an unreasonably short deadline to remedy the non-conformity or does he support the If the tour operator fails to remedy the non-conformity within the scope of what is reasonable, or 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).
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.
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 only one hotel is available in the booked category). other precautions (replacement service) for the continuation of the package tour, which, if possible, are at least equivalent in quality to 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. different hotel category, 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 with 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.
If the non-conformity has a significant impact on the implementation of the package tour and the tour operator does not remedy the non-conformity within a reasonable period of time set by the traveler, taking into account the circumstances and non-conformities (cf. 13.), the traveler can, provided that the continuation of the package tour based on the measure of an average traveler is not reasonable, withdraw from the package travel contract without paying compensation and, if necessary, raise warranty and damage claims in accordance with § 12 PRG. The traveler bears the burden of proof for the specific relevance of the effects of breaches of contract as well as for the unreasonableness of continuing the journey. If no other precautions can be offered according to point 13 or if the traveler rejects the other precautions offered according to point 13, the traveler is entitled to warranty and damage claims according to § 12 PRG even without termination of the package travel contract in the event of a breach of 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.
If services cannot be provided due to unavoidable and extraordinary circumstances and the tour operator still does not withdraw from the package tour (cf. 17.1.), but instead offers replacement services, any additional costs incurred as a result are to be borne 100% by the traveler.
14. Cancellation by the traveler without paying a lump sum compensation
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:
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 significantly impair people at the destination within the meaning of point 11. 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). This also applies in the cases of point 11 (significant changes) and point 13 (significant effects of non-conformity/no improvement/unreasonableness).
The cancellation must be declared in writing to the tour operator.
15. Cancellation by the traveler with payment of a lump sum compensation
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. If the package tour was booked through a travel agent, the cancellation can also be declared to them in writing.
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.
For all types of travel, the following compensation flat rates apply per person:
- 20% of the travel price up to the 28th day before departure
- 30% of the travel price from 27 to 14 days before departure
- 50% of the travel price from the 13th to the 8th day before departure
- 70% of the travel price from the 7th to 4th day before departure
- 90% of the travel price from the 3rd day before departure
For individual travel products (e.g. ship trips, events, congresses, etc.), the compensation flat rates may differ. In this case, the conditions stated in the travel contract apply
16. No show
No-show occurs 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 90% of the travel price as a flat-rate compensation.
17. Withdrawal by the tour operator before the start of the trip
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 sent to 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).
The tour operator can withdraw from the package travel contract before the start of the package tour if fewer people than the minimum number of participants specified in the contract have registered for the package tour and the tour operator's declaration of withdrawal is sent to the traveler at the last delivery/contact address specified by him within the period specified in the contract, At the latest however:
20 days before the start of the package tour for trips of more than six days; 7 days before the start of the package tour for trips between two and six days; 48 hours before the start of the package tour for trips lasting less than two days (cf. § 10 Para. 3 lit a PRG).
If the tour operator withdraws from the package travel contract in accordance with Article 17, he shall reimburse the traveler the travel price, but he shall not be obliged to pay any additional compensation.
18. Cancellation by the tour operator after the start of the package tour
The tour operator is released from fulfilling the contract without being obliged to refund the travel price if the traveler prevents the package tour from being carried out through grossly improper behavior (e.g. alcohol, drugs, smoking ban, disregard of certain clothing regulations, punishable behavior, disruptive behavior towards fellow travelers, non-compliance with the requirements of the tour guide, such as regular lateness, etc.), despite a warning, so that the course of the trip or fellow travelers are disrupted and impeded to an extent that is likely to impair the holiday relaxation of 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. General Life Risk of the Traveler
A package tour usually entails a change in the familiar environment. An associated realization of the general life risk of the traveler such as stress, nausea (e.g. due to climatic changes), tiredness (e.g. due to a humid and muggy climate), digestive problems (e.g. due to unfamiliar spices, food, etc.) and/or a realization of a possible Risks associated with the trip, such as pain in the musculoskeletal system on bicycle trips, earache on diving trips, altitude sickness on trips at high altitude, seasickness on cruises and much more, fall within the sphere of the traveler and are not attributable to the tour operator.
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.
If the tour operator or a service provider attributable to him, at least through gross negligence, 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.
The tour operator is not liable for personal injury, damage to property or financial losses of the traveler that arise in connection with booked services, provided that they 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.) are attributable to the fault of the traveller; 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 are due to unavoidable and extraordinary circumstances.
For damage to property and financial losses of the traveler that are due to unforeseeable and/or unavoidable circumstances that the tour operator did not have to reckon with, as well as for excusable mistakes up to and including negligence, liability is based on Art. 14 of Directive (EU) 2015/ 2302 (Package Travel Guideline) in accordance with § 6 Para. 1 Z. 9 KschG limited to three times the travel price.
In the case of trips with special risks (e.g. bicycle, mountain bike, hiking trips), 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.
The traveler must comply with laws and regulations, instructions and directives of the staff on site, as well as commands and prohibitions (e.g. route closures, bathing bans, diving bans, 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.
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.
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.).
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).
If the luggage taken over by the tour operator is lost or damaged, the latter is only liable up to a maximum of €500 per piece of luggage. No liability whatsoever is assumed for items that are not usually taken with you in your luggage (e.g. means of payment of all kinds, especially cash, electronic devices, especially mobile phones and computers, etc.). The tour operator assumes no liability whatsoever for the traveller's bicycles and accessories during transport and storage (e.g. damage and theft). The transport of the passenger's own bicycles is only possible at one's own risk, both during a trip and on transfer trips.
21. Assertion of Claims
In order to facilitate the assertion and verification of asserted claims, the traveler must obtain written confirmation of the non-performance or defective performance of services or secure receipts, evidence, witness statements. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.
22. Service - Electronic Correspondence
The last address given to the tour operator (e.g. e-mail address; postal address) applies as the traveller’s delivery/contact address. The traveler must notify the traveler of any changes in writing without delay.
23. Provision of information to third parties
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. Client Money Protection
The organizer Pyhrn-Priel Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, email: email@example.com has taken out insolvency protection with Allgemeine Sparkasse Oberösterreich AG, Promenade 11-13, 4020 Linz .
Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, email: firstname.lastname@example.org, 24-hour emergency number: +43 1 3172500 acts as the processor.
Travelers must contact the processor within 8 weeks if they are denied services due to the insolvency of Pyhrn-Priel Tourismus GmbH. Details on Pyhrn-Priel Tourismus GmbH's travel service authorization can be found on the website https://www.gisa.gv.at/abfrage under GISA number 35312246.