Version: V2

Status: December 2025

 

1 Scope of application and definitions

The tour operator is Alpenland Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@alpenland.at, ("Alpenland Tourismus GmbH") and provides its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV).

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

Traveller is any person who intends to conclude a contract subject to the provisions of the Package Travel Act (e.g. package travel contract) or who is entitled to make use of travel services on the basis of such a contract. The tour operator's catalogue and homepage serve merely as advertising material. The package holidays and other services presented therein do not constitute offers.

A package travel contract is the contract concluded between the tour operator and the traveller for a package tour. The travel price is the amount to be paid by the traveller as specified in the package travel contract. A person with reduced mobility is a person with a physical disability (sensory or motor, permanent or temporary) which restricts the use of elements of the package tour (e.g. use of a means of transport, accommodation) and requires the services to be agreed to be adapted to the special needs of this person, in accordance with Art 2 lit a Regulation 1107/2006 (Rights of disabled persons and persons with reduced mobility when travelling by air). Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/events outside the sphere/control of the person invoking them and whose consequences could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious threats to security such as terrorism, outbreaks of serious diseases, natural disasters, weather conditions that prevent safe travel, etc.) (see Section 2 (12) PRG).

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

2 Tasks of the tour operator

Based on the information provided by the traveller, the tour operator prepares travel proposals for the traveller. These are non-binding and are therefore not yet offers within the meaning of § 4 PRG. If no travel proposals can be made on the basis of the information provided by the traveller (no variants, no services, etc.), the tour operator shall inform the traveller accordingly.

The travel proposals are based on the information provided by the traveller, which is why incorrect and/or incomplete information provided by the traveller - in the absence of clarification by the traveller - may form the basis of the travel proposals. When drawing up travel proposals, the price, expertise of the service provider, discounts, the best price principle and other factors may be used as parameters.

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

The tour operator advises and informs the traveller on the basis of the information provided by the traveller to the tour operator. The tour operator shall present the package tour requested by the traveller to the best of its knowledge, taking into account the customary conditions in the country of destination and any special features associated with the package tour (e.g. cycling, mountain biking, hiking). There is no obligation to provide information about generally known conditions (e.g. condition of cycle paths, mountain bike trails and hiking trails, topography, climate, flora and fauna of the destination requested by the traveller, etc.) unless, depending on the type of package tour, there are circumstances that require separate information or unless information about conditions is necessary for the provision and execution of the services to be agreed. In principle, it must be taken into account that the traveller consciously chooses a different environment and that the standard, facilities, food (especially spices) and hygiene are based on the respective regional standards/criteria customary for the country/place of destination.

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

• The existence of a package holiday by means of a standard information sheet in accordance with § 4 Para. 1 PRG.
• About the information listed in Section 4 (1) PRG, insofar as this is relevant to the package holiday to be agreed and is necessary for the performance and provision of services
• Whether the package holiday to be agreed is generally suitable for persons with reduced mobility (see 1.6.), provided that this information is relevant to the package holiday in question (Section 4 (1) (1) (h) PRG).
• General passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for the completion of health formalities (Art. 4 Para. 1 No. 6 PRG), insofar as this information is relevant to the package tour in question.

Upon request, the tour operator will provide information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities and foreign exchange and customs regulations can be obtained by travellers with Austrian citizenship by selecting the desired country of destination at https://www.bmeia.gv.at/reise-services/laender-a-bis-z - or by EU citizens from their respective representative authorities. It is assumed that a valid passport is generally required for travelling abroad, for the validity of which the traveller is responsible, as well as for compliance with the health formalities communicated to him/her and for obtaining a necessary visa, unless the tour operator or travel agent has agreed to procure this.

In the case of air travel, the tour operator shall inform the traveller of the identity of the operating airline in accordance with Art. 11 of Regulation 2111/05, provided that this is already known at the time the contract is concluded. If the operating airline has not yet been determined when the contract is concluded, the tour operator shall inform the traveller 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 traveller will be informed as soon as possible.

Special requests by the traveller in terms of customer wishes (e.g. sea view) are generally non-binding and do not give rise to a legal claim as long as these requests have not been confirmed by the tour operator in terms of a traveller's specification in accordance with § 6 Para. 2 No. 1 PRG. If a confirmation is issued, this constitutes a binding service commitment. The acceptance of customer requests by the tour operator merely represents a commitment to forward these to the specific service provider or to clarify their fulfilment and is not a legally binding commitment as long as it has not been confirmed by the tour operator. If the traveller does not book directly with the tour operator (e.g. by visiting a branch, making an enquiry by telephone or email, etc.), but via a travel agent, the provisions of point 2 of these GTC shall apply to the travel agent.

 

3 Authorisations of the travel agent and services booked on site

Travel agents are not authorised by the tour operator to make deviating agreements, provide information or give assurances that change the agreed content of the package travel contract, go beyond the contractually agreed services of the tour operator or contradict the travel offer. Travel catalogues and internet advertisements not published by the tour operator are not binding for the tour operator and its obligation to perform, unless they have been made the subject of the travel offer or the content of the tour operator's obligation to perform by express agreement between the tour operator and the traveller. Local services booked with third parties other than the tour operator or service providers not attributable to the tour operator are not binding for the tour operator and its obligation to perform and are not attributed to the tour operator unless these services have been expressly confirmed/authorised by the tour operator.

 

4 Obligation of the traveller to inform and cooperate

The traveller must provide the tour operator - if necessary with the help of a travel agent if the booking was made through one - with all personal (e.g. date of birth, nationality, height, etc.) and factual information (e.g. planned import/carriage of medication, prostheses, animals, etc.) required for the package tour in good time, completely and truthfully. The traveller must inform the tour operator of all personal circumstances relating to him or his fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.) and of his or his fellow travellers' special needs, in particular of any limited mobility or state of health and other restrictions that may be relevant for the preparation of travel offers or for the execution of a package tour with the services to be agreed (e.g. bicycle, mountain bike, hiking tour).

• If the traveller has limited mobility or other restrictions or special needs within the meaning of point 4 (e.g. need for special medication, regular medical treatment, etc.) which appear likely to impair the execution of the trip, it is recommended that they clarify with a doctor before booking whether they are fit to travel.
• If the traveller's mobility is restricted in the period between the conclusion of the contract and the start of the package tour, or if other restrictions within the meaning of 4. arise during this period, the traveller must inform the tour operator immediately in writing so that the tour operator can decide whether the traveller can continue to take part in the package tour without endangering themselves or their fellow travellers, or whether the tour operator is entitled to exclude the traveller and withdraw from the contract. If the traveller does not comply with their duty to provide information in full or in good time and the tour operator declares the cancellation of the contract, the tour operator is entitled to compensation in accordance with the compensation flat rates.
• The traveller who makes a booking for himself or a third party (fellow traveller) is deemed to be the client and assumes the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the client is entitled to declare withdrawal from the contract, etc.) in accordance with Section 7 (2) PRG, unless otherwise agreed (see 1.2.).
• The traveller is obliged to check all contractual documents provided by the tour operator (e.g. package travel contract, booking confirmation, vouchers) for factual accuracy of their details/data and for any discrepancies (spelling mistakes; e.g. names, date of birth) and incompleteness and, in the event of inaccuracies/discrepancies/incompleteness, to notify the tour operator immediately in writing for correction.
• In the event that the contractually agreed return transport of the traveller is impossible due to unavoidable and exceptional circumstances, the tour operator shall bear the costs of the necessary accommodation for a maximum of three nights. This does not apply to travellers with reduced mobility (in accordance with Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and their fellow travellers, to pregnant travellers, to unaccompanied minors and to travellers requiring special medical care, provided that the aforementioned persons inform the tour operator of their special needs, which did not exist at the time of booking or of which they did not need to be aware, 48 hours before the start of the trip.
• Pursuant to § 11 Para. 2 PRG, the traveller must report any perceived lack of conformity of the agreed travel services immediately and in full, including a specific description of the lack of conformity/defect, so that the tour operator can be put in a position to remedy the lack of conformity - insofar as this is possible or feasible depending on the individual case - taking into account the respective circumstances (e.g. time difference, impossibility of fulfilment, etc.).This enables the tour operator to rectify the breach of contract on site - if this is possible or feasible in each individual case - taking into account the respective circumstances (e.g. time difference, inability to make contact in the case of expedition travel, availability of an alternative or replacement/improvement option, etc.) and any associated costs (e.g. cleaning a replacement room, finding a replacement hotel, etc.). If the traveller books through a travel agent and a lack of conformity occurs during the business hours of the travel agent, the traveller must report the lack of conformity to the travel agent in writing. Outside normal business hours, the traveller must report any lack of conformity to the tour operator's local representative or, if no such representative is available and/or is not contractually obliged, directly to the tour operator on the emergency number specified in the package travel contract. Failure to report a lack of conformity has an impact on any warranty claims of the traveller if remedial action could have been taken on site and reporting 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. Notification of a lack of conformity does not constitute a promise of performance by the tour operator.
• The traveller is obliged to pay the travel price agreed in the package travel contract in full and on time in accordance with the payment terms. In the event of late or incomplete down payment or payment of the balance, the tour operator reserves the right, after issuing a reminder and setting a grace period, to declare cancellation of the contract and to claim further compensation, irrespective of the flat-rate compensation due.
• In the event of the assertion and receipt of payments from claims for damages or price reductions within the meaning of § 12 Para. 5 PRG (e.g. compensation payment in accordance with Art. 7 of the Air Passenger Rights Regulation) or in the event of the receipt of other payments and services from service providers or third parties which are to be offset against the traveller's claims for damages or price reductions against the tour operator (e.g. payments from the hotel), the traveller must inform the travel agent or tour operator of this circumstance completely and truthfully.
• In the event of a breach of contract, the traveller has a duty to mitigate damages (§ 1304 ABGB).

 

5. insurance

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

It is recommended to take out insurance (travel cancellation, trip interruption, baggage, travel liability, foreign travel health insurance, delay protection, personal protection, etc.) which guarantees sufficient cover from the date of the package travel contract until the end of the package tour. Further information: In the catalogue or on the tour operator's homepage.

 

6 Booking/conclusion of contract/down payment

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

• Unless otherwise agreed, the traveller must transfer a deposit of 10% of the tour 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 tour.

If a contract is concluded within 20 days prior to departure, the entire tour price must be transferred immediately upon receipt of the package travel contract to the account specified therein (or to the account specified by the travel agent).

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

 

7 Persons with reduced mobility

Whether a package tour is specifically suitable for persons with reduced mobility must be clarified on a case-by-case basis, taking into account the type and extent of the reduced mobility, the nature of the package tour (e.g. cycling, mountain biking, hiking etc.), the country/place of destination, the means of transport (e.g. bus, plane, boat etc.) and the accommodation (e.g. hotel, mountain hut, tent etc.). Persons with reduced mobility must therefore ask the tour operator whether the desired package holiday is suitable for them in the specific case. The suitability of a package holiday for persons with reduced mobility in a specific case does not mean that all services included in the package travel contract can be used without restriction by the person with reduced mobility (e.g. a hotel complex may have suitable rooms and other areas for persons with reduced mobility. However, this does not mean that the entire facility (e.g. use of the pool, etc.) is suitable for persons with reduced mobility).

The tour operator may refuse the booking of a package tour by a person with reduced mobility if, after a careful assessment of the specific requirements and needs of the traveller, the tour operator and/or one of its agents (e.g. hotel, airline, etc.) 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 its agents (e.g. airline, hotel, etc.) reserves the right to refuse to transport/accommodate a traveller who has failed to sufficiently inform the tour operator of their reduced mobility and/or special needs in accordance with 4. of the GTC, in order to enable the tour operator and/or agent to assess the possibility of safe and organisationally practicable transport/accommodation.

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

 

8 Package holiday contract

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

Unless otherwise agreed, the traveller shall be provided in good time before the start of the package tour (to the last delivery/contact/email address provided by the traveller or directly to the arrival hotel) with the booking vouchers, vouchers, transport tickets and admission tickets, information on the planned estimated departure times and, if applicable, on scheduled stopovers, connections and arrival times.

If the aforementioned documents or records contain inaccuracies, discrepancies and/or incompleteness within the meaning of point 4, the traveller must contact the travel agent or tour operator.

 

9. substitute person

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

Many airlines or other carriers or service providers treat changes to the travel date or the name of the traveller as cancellations and charge accordingly. If additional costs are incurred, these will be charged to the traveller (analogous to § 7 Para. 2 PRG).

 

10 Price changes before the start of the trip

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

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

1. Cost of passenger transport as a result of the cost of fuel or other energy sources;
2. the amount of taxes and duties payable for the contractually agreed travel services, such as sojourn taxes, landing fees, embarkation or disembarkation fees in ports, corresponding fees at airports and fees for services in ports or airports;
3. the exchange rates applicable to the package holiday.

With regard to 1), any change in the price of the holiday corresponds to the additional amount charged by the service provider for the bus, train or flight; with regard to 2), any change in the price of the holiday corresponds to the full amount of the fees; with regard to 3), any change in the price of the holiday corresponds to the change in the exchange rates.

In the event of an increase of more than 8% of the travel price (as defined in § 8 PRG), 11. shall apply. The traveller has the choice of accepting the increase as an amendment to the contract, agreeing to participate in a replacement trip - if this is offered - or withdrawing from the contract without being obliged to pay a lump sum compensation. Insurance premiums already paid cannot be refunded to the traveller.

 

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

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

Insignificant changes are minor, objectively justified changes that do not significantly change the character and/or duration and/or service content and/or quality of the booked package holiday.

Whether a change or reduction in the quality or value of travel services is significant must be assessed on a case-by-case basis, taking into account the type, duration, purpose and price of the package holiday as well as the intensity, duration and causality of the change and, if applicable, the blameworthiness of the circumstances that led to the change.

If the tour operator is forced to make significant changes in accordance with § 9 Para. 2 PRG to the above-mentioned essential characteristics of the travel services that make up the character and purpose of the package tour (see § 4 Para. 1 Z 1 PRG), or if it is unable to fulfil the traveller's requirements that have been expressly confirmed by the tour operator, or if it increases the total price of the package tour by more than 8% in accordance with the provisions of § 8 PRG, by more than 8%, the traveller may agree to the proposed changes within a reasonable period of time set by the tour operator, or agree to participate in a substitute tour if this is offered by the tour operator, or withdraw from the contract without paying compensation.

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

the changes to the travel services and, where applicable, their impact on the price of the package tour the reasonable period within which the traveller must inform the tour operator of his decision and the legal effect of not making a declaration within the reasonable period, where applicable, the package tour offered as a replacement and its price.

If the traveller does not make a declaration within the deadline, this shall be deemed to be consent to the changes.

 

12. itinerary/changes

Due to environmental and weather influences (e.g. storms, rain, snow, avalanches, mudslides, etc.), natural disasters (e.g. earthquakes, floods, windstorms, hurricanes, etc.), route closures, road closures, floods, hurricanes, etc., we reserve the right to change the itinerary.In the event of natural disasters (e.g. earthquakes, floods, windthrow, hurricanes, etc.), route closures, border closures, government orders, traffic jams, flight time changes, terrorist attacks, power cuts, short-term changes to opening hours, etc., the advertised or contractually agreed route may be deviated from, stops on the round trip may be postponed or brought forward, sightseeing may be omitted or changed. In such cases, the tour operator will endeavour to offer equivalent alternatives, if available, or to make up for any cancelled parts elsewhere, if possible.

 

13 Warranty

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

If the traveller fails to comply with their duty to notify in accordance with point 4 or their duty to cooperate (e.g. to look at an alternative room offered by the tour operator or to pack their suitcases for a room change, etc.), or if they fail to inform the tour operator of the cancellation, the tour operator is entitled to cancel the package tour.If the traveller sets the tour operator an unreasonably short deadline for remedying the lack of conformity or does not support the tour operator within reasonable limits in remedying the lack of conformity or refuses, without legal grounds, the replacement services offered by the tour operator to remedy the lack of conformity, the traveller must bear the adverse legal consequences (see point 4).

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

If a significant part of the agreed travel services cannot be provided in accordance with the contract, the tour operator shall offer the traveller, at no extra cost, if this is possible due to the circumstances and conditions (on site) (impossibility e.g. if only one hotel in the booked category is available), appropriate other arrangements (substitute service) for the continuation of the package tour, which, if possible, are at least equivalent in quality to the contractually agreed services; the same shall also apply if the traveller is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by the tour operator result in a lower quality of the package tour compared to the contractually agreed services (e.g. different hotel category, half board instead of all-inclusive), the tour operator shall grant the traveller a reasonable price reduction. The traveller may only reject the proposed other arrangements if they are not comparable with the services agreed in the package travel contract or if the price reduction granted is not reasonable. In the event of rejection, the traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient.

If the lack of conformity has a significant impact on the performance of the package tour and the tour operator does not remedy the lack of conformity within a reasonable period set by the traveller, taking into account the circumstances and lack of conformity (see 13.), the traveller may withdraw from the package travel contract without payment of compensation and, if necessary, assert claims for warranty and damages in accordance with § 12 PRG, provided that the continuation of the package tour is unreasonable for the average traveller. The traveller shall bear the burden of proof for the specific materiality of the effects of the lack of conformity as well as for the unreasonableness of continuing the trip. If no other precautions can be offered in accordance with point 13 or if the traveller rejects the other precautions offered in accordance with point 13, the traveller shall be entitled to warranty and compensation claims in accordance with Section 12 PRG even without termination of the package travel contract in the event of a breach of contract. In the event of refusal, the traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient. If the transport of persons is part of the package tour, the tour operator shall also ensure the immediate return transport of the traveller with an equivalent transport service at no additional cost to the traveller in the cases specified in this paragraph.

If services cannot be provided due to unavoidable and extraordinary circumstances and the tour operator nevertheless does not withdraw from the package tour (see 17.1.) but offers replacement services, any additional costs incurred as a result shall be borne 100% by the traveller.

 

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

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

If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, whereby this is to be assessed on a case-by-case basis taking into account the content of the contract and the impact of the relevant circumstance which entails the risk, which significantly impair the performance of the package tour or the transport of persons to the destination within the meaning of Clause 11. If the traveller withdraws from the contract in such cases, he/she is entitled to a full refund of all payments made for the package tour, but not to additional compensation (cf. Section 10 Para. 2 PRG). This also applies in the cases of point 11 (significant changes) and point 13 (significant effects of the lack of conformity/no improvement/unreasonableness).

Cancellation must be declared in writing to the tour operator.

 

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

The traveller is entitled to withdraw from the contract at any time against payment of a flat-rate compensation fee (cancellation fee). Cancellation must be declared in writing to the tour operator. If the package tour was booked through a travel agent, the cancellation can also be declared in writing to the travel agent.

The compensation lump sum is a percentage of the travel price and the amount depends on the time of the cancellation declaration and 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 tour price up to the 28th day before departure
• 30% of the tour price from the 27th to 14th day before departure
• 50% of the tour price from 13 to 8 days before departure
• 70% of the tour price from the 7th to 4th day before departure
• 90% of the tour price from the 3rd day before departure

For individual travel products (e.g. boat trips, events, congresses, etc.), the compensation flat rates may vary. In this case, the conditions stated in the travel contract shall apply

16. no-show

A no-show exists if the traveller fails to depart because he/she lacks the will to travel or if he/she misses the departure due to an act attributable to him/her or due to a coincidence that has happened to him/her. If it is also clear that the traveller can no longer or no longer wishes to make use of the remaining travel services, he must pay 90% of the travel price as compensation.

 

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

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

The tour operator may withdraw from the package travel contract before the start of the package tour if fewer people than the minimum number of participants specified in the contract have registered for the package tour and the tour operator's declaration of withdrawal is received by the traveller at the last delivery/contact address specified by the traveller within the period specified in the contract, but no later than 20 days before the start of the package tour:

20 days before the start of the package tour for trips lasting more than six days; 7 days before the start of the package tour for trips lasting 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 cancels the package travel contract in accordance with Section 17, it shall reimburse the traveller the price of the trip, but shall not be required to pay any additional compensation.

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

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

19 General life risk of the traveller

A package holiday usually involves a change in the traveller's familiar surroundings. An associated realisation of the traveller's general life risk, such as stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid and muggy climate), digestive problems (e.g. due to unfamiliar spices, food, etc.) and/or a realisation of a possible risk to the traveller's life (e.g. due to a change of climate) is not covered.The traveller is not responsible for any risks associated with the trip, such as musculoskeletal pain on cycling trips, earaches on diving trips, altitude sickness on trips to high altitudes, seasickness on cruises and much more.

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

20 Liability

If the tour operator or service providers attributable to the tour operator breach the obligations incumbent on the tour operator from the contractual relationship with the traveller, at least through gross negligence, the tour operator is obliged to compensate the traveller for the resulting damage.

The tour operator is not liable for personal injury, damage to property or financial loss incurred by the traveller in connection with the booked services, insofar as they represent a realisation of the general life risk of the traveller or any general risk associated with the package tour which falls within the sphere of the traveller (cf. 19.) are attributable to the traveller's fault; 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 property damage and financial loss suffered by the traveller that is attributable to unforeseeable and/or unavoidable circumstances that the tour operator could not have anticipated, as well as for excusable errors up to and including negligence, liability is limited to three times the travel price based on Art 14 of Directive (EU) 2015/2302 (Package Travel Directive) in accordance with Section 6 (1) no. 9 KschG.

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 the realisation of the risks if this occurs outside the tour operator's area of responsibility. The tour operator's obligation to carefully prepare the package tour and to carefully select the persons and companies commissioned to provide the individual travel services remains unaffected.

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

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

Travellers are advised not to take any items of special value with them. Furthermore, it is recommended that the items taken along are properly stored or insured (see 5.).

Insofar as the Montreal Convention on International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention on Carriage by Sea 1974 or the Convention concerning International Carriage by Rail 1980 as amended in 1999 restrict the scope of compensation or the conditions under which a provider of a travel service covered by the package travel contract must pay compensation, these restrictions also apply to the tour operator (cf. § 12 Para. 4 PRG).

In the event of loss of or damage to luggage accepted by the tour operator, the tour operator is only liable up to a maximum of € 500 per item of luggage. No liability is accepted for items that are not normally carried in luggage (e.g. means of payment of all kinds, in particular cash, electronic devices, in particular mobile phones and computers, etc.). The tour operator accepts no liability for the traveller's bicycles and accessories during transport and storage (e.g. damage and theft). The transport of travellers' own bicycles is only possible at the traveller's own risk, both during a trip and during transfers.

21 Assertion of claims

In order to facilitate the assertion and verification of alleged claims, the traveller must obtain written confirmation of the non-provision or defective provision of services or secure receipts, evidence and witness statements. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years.

22. delivery - electronic correspondence

The last address provided to the tour operator (e.g. email address; postal address) shall be deemed to be the traveller's delivery/contact address. The traveller must notify the tour operator immediately in writing of any changes.

23. provision of information to third parties

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

24. customer money protection

The organiser Alpenland Tourismus GmbH, FN 216132 t, UID ATU52869702, Bahnhofstraße 2, 4580 Windischgarsten, e-mail: info@alpenland.at has taken out insolvency insurance with Allgemeine Sparkasse Oberösterreich AG, Promenade 11-13, 4020 Linz.

Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Vienna, email: info@europaeische.at, 24-hour emergency number: +43 1 3172500, acts as the processor.

Travellers must contact the liquidator within 8 weeks if they are refused services due to the insolvency of Alpenland Tourismus GmbH. Details of Alpenland Tourismus GmbH's authorisation to provide travel services can be found on the website https://www.gisa.gv.at/abfrage under the GISA number 35312246.