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Travel- and cancel conditions

General terms and conditions as a tour operator Zillertal-Reisen Oosterom GmbH

VALID FOR DEPARTURE FROM 01/01/2020

General conditions for tour operators of package holidays within the meaning of the package travel law as well as additional or different provisions

  1. Scope and definitions

1.1. A travel organizer is an entrepreneur who, directly or through another entrepreneur or together with another entrepreneur, composes holiday packages (within the meaning of Article 2 (2) PRG) and accepts or offers them contractually (see Article 2 (7) PRG). The tour operator performs its services in accordance with the legal provisions, in particular the Package Travel Act (PRG), and the Package Travel Regulation (PRV) with the care of a sensible entrepreneur.

An entrepreneur is a natural or legal person with entrepreneurial status according to § 1 KSchG (see § 2 Abs 9 PRG).

Tour operators mean the company Zillertal-Reisen Oosterom GmbH.

1.2. The general terms and conditions are deemed to have been agreed if they have been sent - before the traveler is bound by a contract - or if the traveler has been able to view their contents. They supplement the package travel contract concluded with the traveler. If the traveler books for third parties (fellow travelers), he confirms that he has been authorized by these third parties to obtain an offer for them, to agree on the general terms and conditions and to conclude a package travel agreement for them. The traveler who makes a booking for himself or for a third party is therefore considered the customer and, analogous to Article 7 (2) of the PRG, takes on the obligations arising from the contract with the tour operator (payments, withdrawal from the Contract, etc. .).

1.3. A traveler is anyone who intends to enter into an agreement subject to the provisions of the Package Travel Act (eg Package Travel Agreement) or who is entitled to use travel services under such agreement.

1.4. The tour operator's catalog and homepage are purely promotional material. The package tours and other services offered therein are not offers (see 2.2.).

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

1.6. The travel price means the amount to be paid by the traveler in the package travel contract.

1.7. A person with reduced mobility is analogous to Art 2 lit a VO 1107/2006 (rights of disabled air travelers and air travelers with reduced mobility) a person with a physical disability (sensory or motor, permanent or temporary) claiming parts of the package (eg (use of a means of transport, accommodation) and an adaptation of the services to be adapted to the special needs of this person.

1.8. Unavoidable and exceptional or unpredictable circumstances are incidents / events / circumstances beyond the sphere / control of the person calling them and the consequences of which could not be avoided even if all reasonable precautions had been taken (eg acts of war, serious security breach such as terrorism, outbreaks of serious diseases, natural disasters, weather conditions that prevent a safe journey, etc.) (See § 2 paragraph 12 PRG).

1.9. The package travel law and the general terms and conditions do not apply to package travel agreements concluded on the basis of a general agreement on the organization of business trips (eg framework agreement) between two entrepreneurs.

  1. Tasks of the tour operator

2.1. Based on the information provided by the traveler, the tour operator makes travel suggestions for the traveler. These are not binding and therefore not yet offers within the meaning of § 4 PRG. If, based on the information provided by the traveler, no travel suggestions can be made (no variants, no services, etc.), the tour operator will inform the traveler.

The travel suggestions are based on the information provided by the traveler, therefore incorrect and / or incomplete information provided by the traveler - in the absence of information from the traveler - can form the basis for the travel suggestions. When making travel suggestions, for example (without claiming to be complete), the amount of the price, specialist skills of the service provider, discounts, the best price principle and others can be used as parameters at most.

2.2. If the traveler has a specific interest in one of the travel proposals submitted by the travel organizer, the travel organizer will draw up a travel offer based on the travel proposal in accordance with the requirements of § 4 PRG, insofar as these are relevant to the trip. The travel offer of the tour operator binds the tour operator. Changes to the pre-contractual information in the travel offer due to price or service changes are possible, provided that the tour operator has reserved this in the travel offer, he will inform the traveler clearly, understandably and clearly about the changes before the package travel contract is concluded and the changes in accordance are made between travelers and Tour operators (see § 5 paragraph 1 PRG). An agreement between the travel organizer and the traveler is concluded when the travel offer is accepted by the traveler (= contract statement by the traveler) and confirmed in writing by the travel organizer.

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 will arrange the package tour requested by the traveler, taking into account the customary national conditions of the respective destination / destination country, and taking into account any special features of the package tour (eg.

Expedition trips) to the best of our knowledge There is no obligation to provide information about commonly known circumstances (eg Topography, climate, flora and fauna of the destination desired by the traveler, etc.), Unless, depending on the type of package, there is no are circumstances that would require separate travel Clarification is required or unless clarification of the circumstances is necessary for the provision and operation or performance of the services to be agreed. In principle, it should be borne in mind that the traveler consciously chooses a different environment and that the standard, equipment, food (especially herbs) and hygiene are based on the respective regional standards / criteria customary for the country / country. destination of destination.

2.4. The tour operator informs the traveler according to § 4 PRG, before he is bound by a contract to a package travel contract:

2.4.1. The existence of a package tour using a standard data sheet in accordance with Article 4 (1) PRG.

2.4.2. About the information stated in § 4 (1) PRG, provided that it is relevant for the package holiday to be agreed and is necessary for the implementation and service (eg For a pure beach holiday, no information about visits such as study trips etc. is required) unless it is part of the agreed services).

2.4.3. Whether the package to be agreed is generally suitable for people with reduced mobility (see 1.6.), Provided that this information is relevant for the package in question (Article 4 (1) 1 hour PRG).

2.4.4. About general passport and visa requirements of the country of destination, including estimated time limits for obtaining visas and for handling health-related formalities (Article 4 (1) 6 of the PRG), provided that this information is relevant to the concerning package tour. The tour operator will provide information on currency and customs regulations upon request. In addition, you can select general information about passport and visa requirements, health-related formalities and foreign exchange and customs regulations for travelers of Austrian nationality by selecting the desired country of destination at www.bmeia.gv.at/reise-sitzhalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities. As is known, it is believed that a valid passport (eg Not Expired, Not Reported as Stolen or Lost, etc.) is generally required for travel abroad, the validity of which is the responsibility of the traveler. 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 provide such a visa.

2.5. The tour operator informs the traveler in accordance with Article 11 VO 2111/05 about the identity of the operating airline, provided that this is already known at the conclusion of the agreement. If the operating airline has not yet been determined at the conclusion of the contract, the tour operator will inform the traveler of the airline likely to operate the flight. As soon as the operating airline is known or if a change takes place after booking, the traveler will be informed as soon as possible.

2.6. Special requests from the traveler in terms of customer requests (eg sea view) are generally not binding and do not result in a legal claim, as long as these requests have not been confirmed by the tour operator in accordance with any provision of the traveler in accordance with § 6 (2) No. 1 PRG. If confirmation is given, there is a binding performance promise.

Accepting customer requests by the tour operator is only a commitment to use them, forward them to the specific service provider or clarify their fulfillment and is not a legally binding promise unless confirmed by the tour operator.

2.7. If the traveler does not book directly with the tour operator (for example, by visiting the branch, inquiries by phone or email, etc.), but through a travel agent, the provisions of point 2 of these terms and conditions apply to them.

  1. Authorizations of the travel agency and services booked on the spot

3.1. Travel agents are not authorized by the tour operator to make other arrangements, to provide information or to provide insurance policies that change the agreed contents of the package travel contract, go beyond the contractually agreed services of the tour operator or contradict the travel offer. Travel catalogs and Internet tenders that have not been issued by the tour operator are not binding on the tour operator and its performance obligation, unless they have become the subject of the tour offer or the content of the tour operator's obligation to perform by express agreement between the tour operator and the traveller.

3.2. Services on site with third parties that differ from the tour operator or are not attributable to the tour operator are not binding on the tour operator and his obligation to perform and are not counted unless the services have been explicitly confirmed / authorized by the tour operator (see also June 20).

  1. The traveler is obliged to provide information and to cooperate

4.1. The traveler has provided the tour operator - if necessary with the help of a travel agency, if booked through one - all necessary and relevant personal information (eg date of birth, nationality etc.) and relevant information (eg planned import / intake of medication, prostheses, animals) for the package tour etc.) timely, complete and truthfully. The traveler informs the tour operator about all circumstances of his or her fellow travelers (eg allergies, food intolerance, no travel experience, etc.) and about his or her fellow travelers' special needs, in particular about the existing limited mobility or health status and others Restrictions, which may be relevant to travel offers or the performance or performance of a package holiday with the services to be agreed (eg, for hikes, etc.), if necessary with fully qualified evidence (eg, Medical Certificate).

4.2. The traveler is advised if there is limited mobility or other restrictions or special needs as defined in point 4.1. (eg requirement of special medication, regular medical treatments etc.), which seem suitable to obstruct the travel arrangements, please inquire with a doctor prior to booking whether the required travel ability has been provided.

4.3. If there is a restriction on the mobility of the traveler only in the period between the conclusion of the contract and the start of the package tour, or there are other restrictions within the meaning of 4.1. The traveler must immediately notify the travel organizer - recommending the written form for reasons of evidence - so that the travel organizer can decide whether the traveler can continue to participate in the package tour without endangering himself or his fellow travelers, or traveler excludes and withdraws from the contract is justified. If the traveler does not fully comply with his obligation to provide information and the travel organizer withdraws from the contract, the travel organizer is entitled to compensation according to the fixed compensation.

4.4. The traveler who makes a booking for himself or a third party (fellow travelers) is considered the customer and, by analogy with § 7 (2) PRG, takes on the obligations arising from the contract with the tour operator (eg Payment of the Fee ; only the customer has the right to withdraw from the contract, etc.) (Ref. 1.2.).

4.5. The traveler is obliged to check all contractual documents sent by the tour operator (eg package travel contract, booking confirmation, vouchers, vouchers) for factual accuracy of their data / details and for any deviations (typing errors; eg name, date of birth) as well as incompleteness and in case of inaccuracies / Deviations / incompleteness must be reported immediately to the tour operator for correction - the written form is recommended for evidence. Any additional efforts that may result from this, if this extra effort is based on incorrect or incorrect information provided by the traveler, are for the account of the traveler, with a fee of € 25 per person. amounts, plus any fees charged by service providers.

4.6. In the event that the contractually agreed return transport of the traveler is impossible due to unavoidable and exceptional circumstances, the tour operator will bear the costs for the necessary accommodation for a maximum of three nights. This does not apply to travelers with reduced mobility (in accordance with Article 2 (a) of Regulation (EC) No 1107/2006 on the rights of disabled air travelers and air travelers with reduced mobility) and their fellow travelers, pregnant travelers, unaccompanied travelers underage travelers and for Travelers in need of special medical care, provided that said persons inform the tour operator of their special needs, which did not exist at the time of booking or were not known 48 hours prior to commencement of the journey (see 4.3.).

4.7. Pursuant to Article 11 (2) of the PRG, the traveler must immediately and fully report any breach of contract of the agreed travel services, including a specific description of the breach / defect, so that the tour operator can perform the breach - if this is dependent on An individual case is possible or feasible - taking into account the respective circumstances (eg time difference, inability to contact an expedition, availability of an alternative or an exchange / upgrade option, etc.) and, if necessary

associated effort (e.g. cleaning replacement rooms, finding a replacement hotel, etc.) on site. If the traveler books through a travel agency and a non-conformity occurs during the office hours of the travel agency, the traveler must report the non-conformity to the travel agency. The traveler is advised to use the written form, especially for reasons of evidence. Outside normal business hours, the traveler must report any deviation to the tour operator's representative on site, or if this is not available and / or not contractual

is due directly to the tour operator through the contact option in the travel documents. If a breach of contract is not reported, if remedial measures were possible on the spot and a report would also have been reasonable, this will have consequences for any warranty claims of the traveler. Failure to report may also be considered contributory negligence (§ 1304 ABGB) in accordance with § 12, paragraph. A notification of breach of contract does not lead to a promise of performance by the tour operator.

4.8. The traveler is obliged to pay the travel price agreed under the package travel contract in full and in a timely manner in accordance with the payment conditions. In the event of late or incomplete down payment or final payment, the tour operator reserves the right, after setting a grace period, to cancel the contract and address any additional fees, regardless of the flat rate.

4.9. In the case of confirmation and receipt of payments from claims or price reductions within the meaning of Article 12 (5) of the PRG (eg Compensation payment in accordance with Article 7 of the Passenger Rights Regulation) or in the case of other payments and services from service providers or third parties , Claims for damages or price reductions of the traveler against the tour operator must be settled (eg Payments from the hotel), the travel agent or tour operator must be fully and truthfully informed.

4.10. In the event of a breach of contract, the traveler generally has an obligation to limit the damage (Article 1304 ABGB).

  1. Insurance

5.1. When traveling on vacation, keep in mind that you are not allowed to bring valuables, important documents, etc. with you. For important documents, making and using copies - insofar as use is permitted - is recommended. The theft of valuables cannot be excluded and is generally borne by the traveler himself as an awareness of the general risk of life.

5.2. It is recommended to take out insurance (cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, travel insurance, delay protection, personal protection, etc.), which guarantees sufficient coverage from the date of the package travel contract until the end of the package holiday.

  1. Booking / conclusion of contract / down payment / final payment

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

Deposit 20% to be paid within 3 weeks after reservation (from 6 weeks before arrival)
Remaining payment 80% to be paid no later than 6 weeks before arrival.

With a separate accommodation reservation through different booking platforms (such as Booking.com, Fewo.Direkt, Home-Away), other reservation and cancellation conditions are binding.
You can read these conditions when booking the accommodation on the platforms.

6.2. If a contract is concluded within 42 days prior to arrival, the full travel sum is due upon receipt of the booking confirmation.

6.3. If the traveler does not meet his payment obligations in accordance with 6.1, 6.2. or 6.3. The tour operator reserves the right, after giving a warning with a deadline, to cancel the contract and to claim compensation in accordance with the lump sum compensation.

Before you conclude the travel contract, you will receive information from the organizer when the full travel amount must be paid. The organizer can request a deposit. He will announce the amount of the deposit before or after signing the travel contract. If you have not fulfilled your financial obligations at the time indicated by the organizer, you will be in default by operation of law.

"If you are in default, you will be asked to pay by the organizer or someone on his behalf and you have 14 days to fulfill your obligations. You are advised that as of this date, the agreement will be considered canceled if you fail to pay.

The organizer settles the amounts already paid against the cancellation costs. If the departure date falls within these 14 days, you must pay the full travel amount at least 24 hours before the departure date.

If you have not paid on time, you will owe statutory interest from the date of default. After a reminder, you also pay the extrajudicial collection costs.

The extrajudicial costs amount to a maximum of 15% with a travel sum up to 2500 €; 10% over the next 2500 €; 5% on the next 5000 € and 1% on the deductible with a minimum of 40 €. In your favor, the tour operator may deviate from the above amounts and percentages.

  1. People with reduced mobility

7.1. Whether a package tour is specifically suitable for people with reduced mobility depends on the type and extent of the limited mobility, the nature of the package trip (eg Adventure trip, study trip, city trip, etc.), the country of destination / destination, the means of transport (eg bus, plane, ship etc.), as well as accommodation (eg hotel, mountain hut, tent etc.). People with reduced mobility should therefore ask the tour operator if the desired package tour is suitable for them in the specific case. The suitability of a package tour in the specific case for people with reduced mobility does not mean that all services included in the package travel contract can be used indefinitely by the person with reduced mobility (so

e.g. a hotel complex has suitable rooms and other spaces for people with reduced mobility. However, this does not mean that the entire facility (eg use of the swimming pool etc.) is suitable for people with reduced mobility).

7.2. The tour operator may refuse the booking of a package tour by a person with reduced mobility, provided that the tour operator and / or one of its substitute agents (eg hotel, airline, etc.) after careful assessment of the specific requirements and needs of the traveler come to the conclusion that the traveler cannot be transported / accommodated safely and in accordance with the safety regulations or come to the conclusion that the specific package tour is not suitable for the traveler.

7.3. The tour operator and / or one of its substitute agents (eg Airline, hotel, etc.) reserves the right to refuse the transportation / stay of a traveler who has not provided the tour operator in accordance with 4.1. and / or 4.3. adequately inform the AGB of its limited mobility and / or special needs to enable the tour operator and / or substitute to assess the possibility of safe and organizationally viable transportation / accommodation.

7.4. The tour operator reserves the right to travelers who, in the opinion of the tour operator and / or one of the deputy travel agents (eg Airline, hotel, etc.), are not suitable to travel or due to the course of the trip, the travel destination etc. or not suitable for the package tour. During the package tour, you pose a risk to yourself or others for refusing to participate in the package for security reasons.

  1. Package travel contract

8.1. At the conclusion of a package travel contract or immediately afterwards, the traveler receives a copy of the contract document or a confirmation of the contract on a durable medium (eg paper, e-mail). If the package travel contract is concluded in the presence of the contracting parties, the traveler is entitled to a paper version. In the case of contracts concluded outside a commercial property within the meaning of Article 3 (1) FAMHP, the traveler agrees to make the copy or confirmation of the package travel contract available on another permanent data medium (eg Email) .

8.2. To the last delivery / contact address provided by the traveler, unless otherwise agreed, the booking vouchers, vouchers, tickets and tickets, information about the planned expected departure times and, if applicable, about planned stopovers, connecting connections and arrival times, well before the start of the package tour Provided. Should the documents / documents just mentioned, contain inaccuracies / deviations / incompleteness within the meaning of 4.5. the traveler must contact the travel agent or tour operator (see 4.5.).

  1. Substitute

9.1. 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 trip (criteria can be, for example, gender, the (non) existence of a pregnancy, health status, required vaccinations / adequate Vaccination protection, special knowledge and skills, visas, valid entry documents, lack of entry ban, etc.). If the other person does not meet all the 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 permanent data medium (eg paper, e-mail) no later than seven days before the start of the trip.

A minimum manipulation fee of € 50 per person is required for the transfer of the package travel contract. to pay, unless additional costs arise. The traveler 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 handling costs, as well as for any additional costs that may arise.

9.2. Many airlines or other airlines or service providers treat changes to the travel date or name of the traveler as cancellations and charge them accordingly. If additional costs arise, these will be charged to the traveler (analogous to Article 7, second paragraph, PRG).

  1. Price changes before the start of the trip

10.1. In the package travel contract, the tour operator reserves the right to make price changes no later than 20 days before the package trip starts. The tour operator will inform the traveler of the price increase (including calculation) at the last address provided by him clearly, understandably and clearly on a permanent data medium (eg paper, e-mail) at least 20 days before the start of the package, stating of the reasons.

10.2. If the following costs change after the conclusion of the agreement, price changes are permitted:

1) cost of passenger transport due to the cost of fuel or other energy sources;

2) The amount of taxes and charges to be paid for the contractually agreed travel services, such as Subsistence, landing, embarkation or disembarkation charges at ports, corresponding charges at airports and charges for services at ports or airports;

3) the exchange rates applicable to the package tour. Price changes can lead to price increases or price reductions. In case of price reductions, the traveler will receive the amount of the price reduction back. The tour operator can deduct the actual administration costs from this amount.

10.3. With an increase of more than 8% of the travel sum (in terms of § 8 PRG) 11.4. to use. The traveler has the choice of accepting the increase as a contract change, agreeing to participate in a replacement trip - if offered - or canceling the contract without being required to pay a lump sum fee. Insurance premiums already paid cannot be reimbursed to the traveler.

  1. Changes to the service before the start of the trip

11.1. The tour operator may make insignificant changes to the services before the start of the trip, provided that he has reserved this right in the contract. If the package tour is booked through one, the tour operator or travel agent informs the traveler clearly, understandably and clearly on a permanent data medium (eg paper, e-mail) at the last address provided by him.

11.2. Insignificant changes - although this should be verified in each individual case - 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 package holiday booked.

11.3. Significant changes can significantly reduce the quality or value of travel services that the tour operator is forced to do if the changes affect essential characteristics of the travel services and / or have an impact on the package tour and / or

travel arrangements. In individual cases, account should be taken of whether a change or reduction in the quality or value of travel services is significant, taking into account the type, duration, purpose and price of the package, taking into account the intensity and duration and the cause of the change and, if necessary, the Accusation of the circumstances that led to the change should be assessed.

11.4. If the tour operator is forced to make substantial changes to the above meaning of those essential characteristics of the travel services that constitute the nature and purpose of the package (see Article 4 (1) (1) PRG), or can he requirements of the traveler are expressly confirmed by the tour operator, do not meet or increase the total price of the package according to the provisions of § 8 PRG by more than 8%, the traveler can

  • • • agree to the proposed changes within a reasonable time set by the tour operator, or
  • • • agrees to participate in a replacement tour, provided it is offered by the tour operator, or
  • • • cancel the contract without paying any compensation.

In the cases just mentioned, the travel organizer will therefore inform the traveler clearly, understandably and clearly on a durable medium (eg paper, e-mail) at the last address stated about the following points:

  • • • changes in travel services and, if applicable, their effects on the price of the package
  • • the reasonable period within which the traveler must inform the tour operator of his decision, as well as the legal consequences of not submitting a statement within the reasonable period;
  • • • If applicable, the package offered as a replacement and its price.

The traveler is advised to use the written form to explain it. If the traveler does not make a declaration within the period, this is considered as approval of the changes.

  1. Directions / changes

12.1. For example (without claim to completeness) environmental and weather influences (eg rain, wind, avalanches, mudslides etc.), natural disasters (eg earthquakes, floods, hurricanes, etc.), border closures, government contracts, traffic jams, flight time changes, terrorist attacks, power outages, short-term opening hours, etc., may deviate from the advertised or contractually agreed route, tour stations may be postponed or early, scheduled visits may be omitted or changed. In these cases, the tour operator will attempt to offer equivalent alternatives or make up for parts that have not been used elsewhere.

  1. Warranty

13.1. If there is a lack of conformity because an agreed travel service has not been provided or has not been sufficiently performed (= contrary to the contract), the tour operator will remedy the lack of conformity, provided that the traveler or his fellow travelers (eg family members) ) do not accomplish this themselves and / or their duties to cooperate and / or do not violate Remedy is not prevented by the traveler and / or the remedy would not be impossible or would entail disproportionate costs. The traveler must set a reasonable deadline for the tour operator to correct the non-conformity with the contract, the appropriateness of the deadline in each individual case, based on the type / purpose / duration of the package tour, the reported lack of conformity, the time of notification (eg late at night, etc.), as well as the necessary time sources, for example for replacement of an object (relocation, etc.) are necessary. A deadline should be given to the tour operator's representative on site, or, if unavailable and / or not contractually due, to the tour operator through the contact option in the package travel contract.

13.2. If the traveler does not do this in accordance with point 4.7. or to fulfill his obligations to cooperate (for example, to look at a replacement room offered by the tour operator or to pack his suitcases for a change of room, etc.) or to provide the tour operator with an inappropriate short notice to address the defect to resolve an agreement or to assist the tour operator as reasonably as possible in resolving the If the agreement does not conflict with the agreement or if he unlawfully refuses to offer the alternative services offered by the tour operator to correct the lack of conformity. the traveler must bear the adverse legal consequences (see point 4.7).

13.3. If the travel organizer does not remedy the lack of conformity within the stipulated period, the traveler can remedy the situation himself and demand compensation from the travel organizer for the necessary costs (see § 11 paragraph 4 PRG). The principle of the obligation to limit damage applies. damage incurred (eg replacement costs) should be kept as low as possible, taking into account the duration, value and purpose of the trip. In addition, an objective view of the lack of conformity can be assumed.

13.4. If a significant portion of the agreed travel services cannot be provided in accordance with the contract, the tour operator will provide the traveler reasonably at no additional cost, provided that this is possible due to the circumstances and circumstances (on site) (impossibility, e.g. if only one hotel is available is in the booked category) other arrangements (replacement service) to continue the package, which are, as far as possible, of equivalent quality or higher than the contractually agreed services; The same applies if the traveler is not returned to the place of departure in accordance with the agreement. If the other packages offered by the tour operator may lead to a lower quality of the package than the contractually agreed services (eg half board instead of all inclusive), the tour operator will provide the traveler with a reasonable price reduction. The traveler can only reject the proposed other arrangements if they are not comparable to the services agreed in the package travel contract or if the price reduction granted is not appropriate. In case of rejection, the traveler must demonstrate that the other packages offered by the tour operator are not equivalent / comparable to the contractually agreed services and / or that the price reduction offered is not sufficient.

13.5. Does the lack of conformity have significant consequences within the meaning of point 11.3. on the performance of the package and the tour operator does not remedy the lack of conformity within a reasonable period established by the traveler, taking into account the circumstances and the non-conformity with the contract (see 13.1.) is reasonable to recoup draw from the package travel contract without payment of compensation and, if necessary, to submit warranty and compensation claims under § 12 PRG. If the traveler withdraws from the package travel contract, he should be aware that there is a certain risk involved, as both the importance of the consequences of non-conformity with the contract and the reasonableness of the journey in a subjective individual case be assessed (by a judge) and the result of this assessment may differ from the perception of the traveler. Cannot take other precautions according to point 13.4. offered or the traveler rejects the other precautions offered in accordance with point 13.4. from, the traveler is entitled to warranty and compensation claims in accordance with § 12 PRG in case of lack of conformity, even without termination of the package travel contract. In case of rejection, the traveler must demonstrate that the other packages 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 transportation of people is part of the package tour, the tour operator will in the cases referred to in this paragraph also arrange for the immediate transportation of the traveler with an equivalent transportation service at no additional cost to the traveler.

13.6. If services cannot be provided due to unavoidable and exceptional circumstances and the tour operator nevertheless does not withdraw from the package tour (see 17.1.), But offers replacement services, the additional costs that may arise will be borne by the traveler. (See 10.3.)

  1. Cancellation by the traveler without paying a lump sum as compensation

14.1. Before commencing the package holiday, the traveler can withdraw from the package travel contract in the following cases without paying a fixed fee:

14.1.1. If, at the destination or in the immediate vicinity, this has to be assessed in individual cases, taking into account the content of the contract and the radiation of the relevant circumstance that entails the danger, inevitable and extraordinary circumstances arise that the performance of the package tour or the transportation of People to the destination within the meaning of 11.3. to influence. In these cases, if the traveler withdraws from the contract, he is entitled to a full refund of all payments made for the package tour, but not to additional compensation (see § 10 paragraph 2 PRG).

14.1.2. In the case of point 11.4.

Cancellation must be reported to the tour operator - a written form is recommended for evidence reasons.

14.2. After the start of the package, the traveler, in the case of point 13.5. - without paying a lump-sum allowance - cancel the package travel contract.

  1. Cancellation by the traveler with payment of a lump sum compensation

15.1. The traveler has the right to withdraw from the contract at any time on payment of a fixed compensation (cancellation costs). Cancellation must be reported to the tour operator - a written form is recommended for evidence reasons. If the package tour is booked through a travel agency, the cancellation can also be indicated with the latter. The traveler is advised to report the dismissal on a permanent data carrier (eg paper, e-mail).

15.2. The flat-rate compensation is based on a percentage of the travel sum and is based on the amount at the time of cancellation as well as the expected saved costs and income from other use of the travel services. If the fixed compensation amount is not sufficient, this can be moderated by the court.

15.3. Depending on the type of package tour, the following fixed compensation per person results:

  1. Special flights (charter), group IT (group packages on scheduled flights), company bus trips (multi-day trips)
    up to 30 days before departure 20%
    from 29 to 20 days before departure 30%
    from 19 to 10 days before departure 60%
    from 9 to 4 days before departure 70%
    from the 3rd day (72 hours) before departure 85%

of the travel sum.

  1. Individual IT (individual package travel on scheduled services), train travel (except special trains):
    For flight / train costs from booking date 100%
    For land services

up to 30 days before departure 20%
from 29 to 20 days before departure 30%
from 19 to 10 days before departure 60%
from 9 to 4 days before departure 70%
from the 3rd day (72 hours) before departure 85%

of the respective travel price share.

  1. Accommodation conditions such as hotel rooms, chalets, holiday apartments or boat trips, day trips by bus, special trains and additional services (such as tickets etc.) are subject to special conditions.

from 90 to 60 days before departure 20%
from 59 to 30 days before departure 50%
from 29 to 14 days before departure 70%
‘from 13 to 7 days before departure 90%
from 07 days to the start of the trip 100%

of the travel sum.

  1. No show

16.1. No show occurs when the traveler leaves the departure because he misses the will to travel or if he misses the departure due to an action attributable to him or because of a coincidence that happened to him. If it is further clarified that the traveler is no longer able or willing to use the remaining travel services, he must pay a flat-rate fee.

  1. Cancellation by the tour operator before the start of the trip

17.1. The tour operator may withdraw from the package travel contract before the start of the package if, due to unavoidable and exceptional circumstances, he is unable to fulfill the agreement and the traveler immediately receives his cancellation at the last delivery / contact address he has provided, no later than before the start of the package trip (cf. 10 para 3 lit b PRG).

17.2. The tour operator may withdraw from the package travel contract before the start of the package tour if fewer people have registered for the package tour than the minimum number of participants specified in the contract and the tour operator's withdrawal declaration to the traveler on the last date specified by him / her delivery / contact address within the period stated in the contract, but no later than:

  1. (a) 20 days before the start of the package for travel of more than six days,
  2. b) seven days before the start of the package for journeys between two and six days,
  3. c) 48 hours before the start of the package for trips of less than two days,

arrives (cf. § 10 (3), illuminates a PRG).

17.3. If the tour operator takes place in accordance with 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.

  1. Cancellation by the tour operator after the start of the package tour

18.1. The tour operator is exempt from fulfilling the contract without any obligation to refund the travel price if the traveler carries out the package tour due to grossly inappropriate behavior (such as alcohol, drugs, non-compliance with smoking, non-compliance with certain dress codes, e.g. visiting religious sites or taking meals, criminal behavior, disturbing behavior towards fellow travelers, non-compliance with tour guide guidelines, such as regular late arrivals, etc.), regardless of any warning, so as to disrupt and hinder the travel process or fellow travelers to an extent that is suitable for the holiday recreation of third parties or fellow travelers hinder or thwart the purpose of the trip. In that case, the traveler is obliged to compensate the travel organizer for the damage.

  1. General mortal danger to the traveler

19.1. A package tour usually entails a change in the familiar environment. An associated awareness of the general life risk of the traveler such as (without claim to completeness) stress, nausea (for example due to climatic changes), fatigue (for example due to a humid and humid climate), digestive problems (for example due to unusual herbs , food, etc.) And / or the realization of any risk associated with the trip, such as (without claim to completeness) earache during diving trips, altitude sickness when traveling at high altitudes, seasickness during cruises and much more, are within the sphere from the traveler and are not attributable to the tour operator.

19.2. If, for the reasons stated above, the traveler does not use the services that have been duly offered to him or if he declares his termination of the agreement for such reason, he is not entitled to claims under the warranty legislation or unused parts of assert travel services.

  1. Liability

20.1. If the travel organizer or the service provider attributable to it deliberately violates the travel organizer's obligations under the contractual relationship with the traveler, the traveler is obliged to compensate the resulting damage.

20.2. The tour operator is not liable for personal injury, material damage and financial damage to the traveler in connection with services booked, provided that

20.2.1. represent a realization of the general life risk of the traveler or a general risk related to the package holiday that falls within the sphere of the traveler (see 19.)

20.2.2. are due to the fault of the traveler;

20.2.3. are attributable to a third party that is not involved in the provision of the travel services included in the package travel contract and that was neither predictable nor avoidable; or

20.2.4. are due to unavoidable and exceptional circumstances.

20.3. Liability is based on Article 13 of Directive (EU) 2015/2302 for material damage and financial loss to the traveler due to unforeseen and / or inevitable circumstances that the tour operator was not required to take into account, as well as for excusable errors or negligence. package travel directive) is limited to three times the travel sum in accordance with paragraph 6 paragraph 1 no. 9 KschG.

20.4. When traveling with special risks (eg Forwarding nature), the travel organizer is not liable for the consequences that arise when realizing the risks if this occurs outside his area of ​​responsibility. This is without prejudice to the tour operator's obligation to carefully prepare the package and carefully select the individuals and companies providing the individual travel services.

20.5. The traveler must comply with laws and regulations, instructions and instructions from the staff on site, as well as instructions and prohibitions (eg bathing ban, diving ban etc.). In the event of non-compliance by the traveler, the tour operator is not liable for personal injury or material damage to the traveler or personal injury or material damage to third parties.

20.6. The tour operator is not liable for the provision of a service that has not been promised by him or that the traveler has booked on the spot after the start of the trip with third parties or service providers that cannot be attributed to the tour operator.

20.7. The traveler is advised not to bring objects of special value. It is also recommended to properly store or insure the items you have brought with you (see 5.1.).

8/20 As regards the Montreal Convention on International Air Transport 2001, the Athens Protocol 2002 to the Athens Convention on Sea Transport 1974 or the International Rail Transport Convention 1980, as amended in 1999, the scope of the fee or the conditions under which a provider receives one of the package travel contract must pay for the travel service, these restrictions also apply to the tour operator (cf. § 12 Par. 4 PRG).

  1. Claim of claims

21.1. To facilitate the allegation and verification of alleged claims, the traveler is advised to obtain written confirmation of non-performance or inadequate performance of the service or to obtain evidence, evidence and testimony.

21.2. Warranty claims can be made within 2 years. Claims for damages expire after 3 years.

21.3. In the interest of the traveler, it is recommended that claims be made directly after the return of the package, directly and in full, directly to the tour operator or through the travel agent, as evidence problems can be expected with increasing delay.

  1. Delivery - electronic correspondence

22.1. The last address given to the tour operator (eg E-mail address) counts as the delivery / contact address of the traveler. Changes must be announced immediately by the traveler. The traveler is advised to use the written form.

  1. Provision of information to third parties

23.1. Information about the names of the travel participants and the whereabouts of travelers or general details from a travel agreement will not be provided to third parties, even in urgent cases, unless the traveler has expressly requested this and the beneficiary is announced when booking. The costs arising from sending urgent messages are for the account of the traveler. It is therefore recommended that travelers provide their family members with the exact vacation address.

For some accommodations or special offers, promotions and travel, separate payment and cancellation conditions apply that deviate from the conditions in the 'General Conditions' and 'Special Travel Conditions'. These are stated in the relevant tenders and hotel descriptions.

We would like to point out that prices are subject to change due to changes in the terms and conditions prior to the conclusion of the contract and that the current travel price will be announced before the contract is concluded.

Data protection

All personal data that we receive during your booking and that are necessary for the execution of the contract will be processed electronically. This data is subject to strict data protection guidelines (GDPR). More information can be found at www. https://www.zillertal-reisen.com/en/privacy

Imprint:

Zillertal-Reisen Oosterom GmbH

Rohrerstrasse 15a Top4

A-6280 Zell am Ziller

GISA number: 29712908

VAT: ATU 75199713

Printing errors and errors reserved.

Copyright and image rights: All rights for texts and images are vested in Zillertal-Reisen Oosterom GmbH and / or your contract partners.

The prior written permission is required for the use of third parties.

Status: December 2019, with reservation.

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