GENERAL TERMS AND CONDITIONS

§ 1 Scope of application

1.1 These General Terms and Conditions for the Hotel Industry (hereinafter referred to as "AGBH 2006") replace the previous ÖHVB in the version dated September 23, 1981.
1.2 The AGBH 2006 do not exclude special agreements. The AGBH 2006 are subsidiary to individual agreements.

§ 2 Definitions of terms

2.1 Definitions of terms:
"Accommodation provider": Is a natural or legal person who accommodates guests in return for payment.
"Guest": Is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Guests also include those persons traveling with the contracting party (e.g. family members, friends, etc.).
"Party": is a natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
"Consumer" and "Entrepreneur": The terms are to be understood in the sense of the 1979 Consumer Protection Act as amended.
"Accommodation contract": Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.

§ 3 Conclusion of contract - down payment

3.1 The Accommodation Agreement shall come into effect upon acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed
shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the published business hours of the Proprietor.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement subject to the condition that the Party makes a down payment. In this case
the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be deemed concluded upon receipt of the
The accommodation contract shall come into effect upon receipt by the accommodation provider of the declaration of consent regarding payment of the down payment by the contracting party.
3.3 The Party shall be obliged to pay the down payment no later than 7 days (receipt) prior to the accommodation. The costs for the money transaction (e.g. transfer charges) shall be borne by the Party. For credit and debit cards, the respective terms and conditions of the card companies shall apply.
3.4 The deposit is a partial payment of the agreed fee.

§ 4 Start and end of accommodation

4.1 Unless the Proprietor offers a different time of occupancy, the Party shall be entitled to move into the rented rooms from 4.00 p.m. on the agreed day ("day of arrival").
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night shall count as the first overnight stay.
4.3 The rented rooms shall be vacated by the Party by 12.00 noon on the day of departure. The Proprietor shall be entitled to charge an additional day
day if the rented rooms are not vacated in due time.

§ 5 Withdrawal from the Accommodation Agreement - Cancellation fee
 

Withdrawal by the Proprietor
5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.
withdraw from the Accommodation Agreement without granting a grace period.
5.2 If the Guest does not show up by 6 p.m. on the agreed date of arrival, the Proprietor shall not be obliged to provide accommodation unless a later time of arrival has been agreed.
5.3 If the contracting party has paid a deposit (see 3.3), the rooms shall remain reserved until 12.00 noon on the day following the agreed day of arrival at the latest.
following the agreed day of arrival. In the case of advance payments of more than four days, the obligation to provide accommodation shall end at 6 p.m. on the fourth day, whereby the day of arrival shall be counted as the
day is counted as the first day, unless the guest announces a later day of arrival.
5.4 Unless otherwise agreed, the Proprietor may terminate the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the Party.

Withdrawal by the Party - Cancellation fee
5.5 The Accommodation Agreement may be rescinded by the Party by means of a unilateral declaration by no later than 3 months before the agreed date of arrival of the Guest without payment of a cancellation fee.
5.6 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the Party shall only be possible subject to payment of the following cancellation fees
possible:
- up to 1 month before the date of arrival 40% of the total package price;
- up to 1 week before the date of arrival 70% of the total package price;
- in the last week before the day of arrival 90% of the total package price.

Impediments to arrival
5.7 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.8 The obligation to pay the fee for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.
again within three days.

§ 6 Provision of alternative accommodation

6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particular if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests who have already been accommodated extend their stay, an overbooking occurs, or the room(s) has (have) become unusable.
guests are extending their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the Proprietor.

§ 7 Rights of the contractual partner

7.1 By entering into an Accommodation Agreement, the Party shall acquire the right to the customary use of the rented rooms, the facilities of the
of the accommodation establishment, which are usually accessible to the guests for use without special conditions, and to the usual service.
The Party shall exercise its rights in accordance with any hotel and/or guest guidelines (house rules).
 

§ 8 Obligations of the contractual partner

8.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by the Party and/or the accompanying guests plus statutory VAT by the time of departure at the latest.
8.2 The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, these shall be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all costs associated therewith, such as inquiries.
associated costs, such as inquiries with credit card companies, telegrams, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept services of the Proprietor with the knowledge or will of the Party.

§ 9 Rights of the accommodation provider

9.1 If the Party refuses to pay the agreed remuneration or is in arrears with it, the Proprietor shall be entitled to the statutory right of retention pursuant to Section 970c of the Austrian Civil Code (ABGB) and the statutory right of lien pursuant to Section 1101 ABGB on the items brought in by the Party or the Guest.
The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular catering, other expenses incurred for the Party and for any claims for compensation of any kind.
9.2 If service is requested in the room of the Party or at unusual times of the day (after 8.00 p.m. and before 6.00 a.m.), the Proprietor shall be entitled to charge a special fee for such service.
shall be entitled to charge a special fee for this. However, this special charge shall be indicated on the room price list. The accommodation provider may also refuse these services
also refuse these services for operational reasons.
9.3 The Proprietor shall be entitled to invoice or interim invoice its services at any time.

§ 10 Obligations of the accommodation provider

10.1 The Proprietor shall be obliged to provide the agreed services to an extent corresponding to its standard.
10.2 The following are examples of special services of the Proprietor that are not included in the accommodation fee and are subject to a separate charge:
(a) special accommodation services that may be charged separately, such as the provision of lounges, sauna, indoor pool, swimming pool, solarium, garaging, etc;
b) a reduced price is charged for the provision of additional beds or cribs.

§ 11 Liability of the accommodation provider for damage to property brought in

11.1 The Proprietor shall be liable pursuant to sections 970 et seq. of the Austrian Civil Code (ABGB) for the items brought in by the Party. The Proprietor shall only be liable if
the items have been handed over to the Proprietor or to the persons authorized by the Proprietor or have been brought to a place instructed or designated by them for this purpose.
designated for this purpose. If the Proprietor is unable to prove this, the Proprietor shall be liable for its own fault or the fault of its employees as well as the outgoing and incoming persons.
outgoing and incoming persons. Pursuant to § 970 para. 1 ABGB, the accommodation provider is liable up to the maximum amount specified in the Federal Law of November 16, 1921 on the
liability of innkeepers and other entrepreneurs as amended. If the contracting party or the guest fails to comply with the
of the Proprietor to deposit their belongings in a special depository, the Proprietor shall be released from any liability. The amount of any liability of the Proprietor shall be limited to a maximum of the liability insurance sum of the respective Proprietor. Any fault on the part of the Party or Guest shall be taken into account.
11.2 The Proprietor shall not be liable for slight negligence. If the Party is an entrepreneur, liability for gross negligence shall also be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage or indirect damage as well as
lost profits shall not be compensated under any circumstances.
11.3 The Proprietor shall only be liable for valuables, money and securities up to the amount of currently € 550. The Proprietor shall only be liable for any damage exceeding this amount if it has accepted these items for safekeeping with knowledge of their nature or if the damage was caused by itself or one of its employees. The limitation of liability pursuant to 12.1 and 12.2 shall apply mutatis mutandis.
11.4 The Proprietor may refuse to store valuables, money and securities if the items in question are significantly more valuable than
guests of the relevant accommodation establishment usually leave in safekeeping.
11.5 In any case of accepted safekeeping, liability shall be excluded if the Party and/or Guest does not immediately notify the Proprietor of the damage that has occurred upon becoming aware of it.
the Proprietor without undue delay. Moreover, such claims shall be asserted in court within three years from the date of knowledge or possible knowledge by the Party and/or Guest; otherwise the right shall lapse.

§ 12 Limitations of liability

12.1 If the Party is a Consumer, the Proprietor's liability for slight negligence, with the exception of personal injury, shall be excluded.
12.2If the Party is an Entrepreneur, the Proprietor's liability for slight and gross negligence shall be excluded. In this case, the Party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage and lost profits shall not be compensated.
shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the legitimate interest.

§ 13 Animal husbandry

13.1 Animals may only be brought to the accommodating establishment with the prior consent of the Proprietor and, if necessary, for a special fee.
13.2 The Party bringing along an animal shall be obliged to keep or supervise this animal properly during its stay or to have it kept or supervised by a suitable third party at its own expense.
have it kept or supervised by a suitable third party at its own expense.
13.3 The contractual partner or guest who takes an animal with them must have appropriate animal liability insurance or personal liability insurance which
also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the Proprietor.
provided.
13.4 The Party and/or its insurer shall be jointly and severally liable to the Proprietor for any damage caused by animals brought along. In particular, the damage shall also include any compensation payable by the Proprietor to third parties.
13.5 Animals shall not be permitted in the lounges, lounges, restaurant rooms and wellness areas.

§ 14 Extension of the accommodation

14.1 The Party shall not be entitled to an extension of their stay. If the Party notifies the Proprietor of its desire to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The Proprietor shall be under no obligation to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure due to unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the Proprietor shall not be obliged to do so.
unforeseeable extraordinary circumstances (e.g. extreme snowfall, flooding, etc.), the accommodation contract shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period shall only be possible if the contracting party has accepted the services offered by the accommodation provider.
services offered by the accommodation provider as a result of the exceptional weather conditions. The accommodation provider is entitled
to request at least the remuneration corresponding to the price usually charged in the low season.

§ 15 Termination of the accommodation contract - early termination

15.1 If the Accommodation Agreement has been concluded for a fixed term, it shall end
upon expiry of the period.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand the full agreed remuneration. The Proprietor shall deduct what it has saved as a result of the non-utilization of its services or what it has received by renting the booked rooms to other parties. A
savings shall only be deemed to exist if the accommodation establishment is fully booked at the time of non-utilization of the rooms booked by the guest and the room can be rented to other guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contractual partner.
15.3 The contract with the Proprietor shall end upon the death of a Guest.
15.4 If the Accommodation Agreement has been concluded for an indefinite period, the Parties may terminate the Agreement by 10.00 a.m. on the third day before the intended end of the Agreement.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or
the Guest
a) makes significantly detrimental use of the premises or, through his inconsiderate, offensive or otherwise grossly improper behavior, makes living together unpleasant for the other guests, the owner, the owner's staff or third parties staying at the accommodating establishment or commits an act against property, morality or physical safety towards these persons that is punishable by law;
b) is afflicted with a contagious disease or an illness that extends beyond the period of accommodation or otherwise becomes in need of care;
c) fails to pay the submitted invoices when due within a reasonably set period (3 days).
15.6 If the fulfillment of the Agreement becomes impossible due to an event to be deemed force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the Proprietor may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the Proprietor is released from its obligation to provide accommodation. Any claims for damages etc. by the Party shall be excluded.

§ 16 Illness or death of the guest

16.1 If a guest falls ill during his/her stay at the accommodating establishment, the accommodation provider shall provide medical care at the guest's request. If there is imminent danger, the Proprietor shall arrange for medical care even without a special request by the Guest, in particular if this is necessary and the Guest is unable to do so himself.
16.2 As long as the Guest is unable to make decisions or the Guest's relatives cannot be contacted, the Proprietor shall arrange for medical treatment at the Guest's expense. However, the scope of these care measures shall end at the time when the Guest is able to make decisions or the relatives have been notified of the case of illness.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:
a) outstanding medical expenses, costs for ambulance transportation, medication and medical aids
b) room disinfection that has become necessary,
c) laundry, bed linen and bed furnishings that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc,
if these have been soiled or damaged in connection with the illness or death,
e) room rental, insofar as the room was used by the guest, plus any days on which the rooms were unusable due to disinfection, evacuation, etc,
f) any other damage incurred by the accommodation provider.

§ 17 Place of performance, place of jurisdiction and choice of law

17.1 The place of performance shall be the place where the accommodation establishment is located.
17.2 This Agreement shall be governed by Austrian formal and substantive law to the exclusion of the rules of private international law (in particular IPRG and EVÜ) and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the domicile of the Proprietor, whereby the Proprietor shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.
17.4 If the Accommodation Agreement was concluded with a Party that is a Consumer and has its place of residence or habitual abode in Austria, legal action may only be brought against the Consumer at the Consumer's place of residence, habitual abode or place of employment.
17.5 If the accommodation contract was concluded with a contractual partner who is a consumer and whose place of residence is in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.

§ 18 Miscellaneous

18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document setting the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based shall not be included.
Time limits determined by weeks or months refer to the day of the week or month whose name or number corresponds to the day from which the time limit is to begin.
day from which the time limit is to be counted. If this day is missing in the month, the last day of this month shall be decisive.
18.2 Declarations must be received by the other Party on the last day of the deadline (midnight).
18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been established by a court of law or has been recognized by the Proprietor.
established by a court or recognized by the Proprietor.
18.4 In the event of loopholes, the relevant statutory provisions shall apply. 

1. scope of application

1.1 The travel agent shall broker travel contracts for individual travel services (such as flights, hotels, etc.), package tours (as defined in Section 2 (2) PRG) and linked travel services (as defined in Section 2 (5) PRG) between the tour operator or service provider on the one hand and the traveler on the other. The travel agent shall provide its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV) with the due care of a prudent businessman.

In the following, travel agent means the company Incoming Reisebüro GmbH.

1.2 The General Terms and Conditions shall be deemed to have been agreed if they have been transmitted - before the traveler is bound to a contract by a contractual declaration - or if the traveler has been able to view their content. They form the basis of the agency agreement concluded between the travel agent and the traveler.

1.3 The present General Terms and Conditions apply to the agency contract (cf. point 1.2). For contractual relationships between the traveler and the brokered tour operator, the brokered transport companies (e.g. train, bus, plane, ship, etc.) and other brokered service providers, the respective General Terms and Conditions shall apply, provided that they have been communicated to the traveler - before he is bound to a contract by a contractual declaration - or the traveler was able to view their content and the content of the General Terms and Conditions is not unlawful or violates existing law.

2. tasks of the travel agent

2.1 Based on the information provided by the traveler, the travel agent prepares travel proposals for the traveler. 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 traveler, the travel agent shall inform the traveler accordingly.

The travel proposals are based on the information provided by the traveler, which is why incorrect and/or incomplete information provided by the traveler - in the absence of clarification by the traveler - may form the basis of the travel proposals. When preparing travel proposals, for example (without any claim to completeness), the price level, expertise of the tour operator/service provider, discounts, the best price principle and other factors may be used as parameters.

2.2 If the traveler has a concrete interest in one of the travel proposals submitted by the travel agent, the travel agent shall prepare a travel offer on the basis of the travel proposal on behalf of the tour operator in accordance with the requirements of § 4 PRG, insofar as these are relevant to the trip. The travel offer prepared by the travel agent binds the tour operator or, in the case of linked travel services or individual travel services, the service provider. A contract between the tour operator or, in the case of linked travel services or individual travel services, between the service provider and the traveler is concluded when the travel offer is accepted by the traveler (= contractual declaration of the traveler, see 1.3).

2.3 The travel agent shall advise and inform the traveler on the basis of the information provided by the traveler to the travel agent. The travel agent shall present the package tour of the tour operator to be arranged for the traveler according to the traveler's information or, in the case of combined travel services or individual travel services, the service of the service provider, taking into account the customary conditions of the respective country of destination and taking into account any special features associated with the trip (e.g. expedition trips) to the best of his knowledge. There is no obligation to provide information about generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the traveler) unless, depending on the type of trip, there are circumstances that require separate information or unless information about circumstances is necessary for the provision and execution of the service to be arranged. In principle, it must be taken into account that the traveler consciously chooses a different environment and that the standard, facilities, food (in particular spices) and hygiene are based on the respective regional standards/criteria customary for the country/place of destination. 

2.4 The travel agent shall inform the traveler in accordance with § 4 PRG before the traveler is bound to a package travel contract by a contractual declaration:

2.4.1 On the existence of a package tour by means of a standard information sheet pursuant to Section 4 (1) PRG. In addition, the standard information sheet for package tours - if available and printed or uploaded - can generally be viewed in the catalog or on the website of the respective tour operator.

2.4.2. about the information listed in § 4 Para. 1 PRG, insofar as this is relevant for the package tour to be arranged and is necessary for the execution and provision of services (e.g. in the case of a pure beach vacation, no information on sightseeing is required as in the case of study trips etc., unless these are part of the agreed services). In addition, this information - if available - can generally be found in the catalog or on the homepage of the respective tour operator. 

2.4.3. whether the package tour to be arranged for the traveler is generally suitable for persons with reduced mobility, provided that this information is relevant for the package tour in question (Art. 4 para. 1 no. 1 lit. h PRG). 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 arranged to be adapted to the special needs of this person, analogous to Art 2 lit a Regulation 1107/2006 (Rights of disabled persons and persons with reduced mobility when traveling by air).

2.4.4. about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for the completion of health formalities (Art. 4 Para. 1 No. 6 PRG), insofar as this information is relevant for the package tour in question. Upon request, the travel agent shall 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 travelers with Austrian citizenship by selecting the desired country of destination at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities. It is assumed that a valid passport (e.g. not expired, not reported 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/her. The traveler is responsible for obtaining the necessary visa, unless the travel agent has agreed to take over the procurement of such a visa. 

2.5 The travel agent shall inform the traveler, before the traveler is bound by a contractual declaration, in accordance with Art. 15 Para. 1 PRG for linked travel services that the traveler cannot claim any rights that apply exclusively to package tours and that each service provider is only liable for the contractual provision of its service and that the traveler benefits from insolvency protection in accordance with the Package Travel Ordinance. The travel agent complies with this information obligation pursuant to Section 15 (2) PRG if he provides the relevant standard information sheet pursuant to PRG Annex II, provided that the type of associated travel services is covered in one of these standard information sheets.

2.6 Special requests by the traveler in the sense 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 the case of package tours in the sense of a specification by the traveler in accordance with § 6 Para. 2 Z1 PRG or in the case of linked travel services or individual travel services in the sense of a specification by the traveler from the service provider. If a confirmation is issued, this constitutes a binding service commitment.
The declarations of the travel agent represent a commitment to forward the wishes of the traveler to the tour operator/specific service provider and are not a legally binding commitment as long as they have not been confirmed by the tour operator or, in the case of linked travel services or individual travel services, by the service provider. 

3. duty of information and cooperation of the traveler

3.1 The traveler must provide the travel agent with all personal (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/carriage of medication, prostheses, animals, etc.) required and relevant for the trip in good time, completely and truthfully. The traveler must inform the travel agent of all personal circumstances relating to him or his fellow travelers (e.g. allergies, food intolerances, no travel experience, etc.) and of his or his fellow travelers' special needs, in particular of any existing restricted mobility or state of health and other restrictions that may be relevant for the preparation of travel proposals/travel offers or for the execution of the trip and travel services (e.g. in the case of hiking trips, etc.).

3.2 The traveler, who has a booking made by the travel agent for himself or a third party, is considered the client and assumes the obligations arising from the agency agreement with the travel agent (e.g. payment of the fee, etc.) in accordance with § 7 para. 2 PRG, unless otherwise agreed.

3.3 The traveler is obliged to check all contractual documents (e.g. package travel contract, booking confirmation, vouchers) provided by the travel agent for factual accuracy of his/her details/data and for any discrepancies (spelling mistakes; e.g. name, date of birth) as well as incompleteness and, in the event of inaccuracies/discrepancies/incompleteness, to notify the tour operator immediately for correction - whereby the written form is recommended for reasons of proof. 

3.4. so that passengers with reduced mobility (as defined in Article 2(a) of Regulation (EC) No. 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air) and their fellow passengers, pregnant passengers, unaccompanied minors and passengers requiring special medical care, the tour operator's limited obligation to bear the costs of the necessary accommodation in the event of repatriation not being possible due to unavoidable and extraordinary circumstances does not apply, the passengers concerned must inform the tour operator or travel agent of their special needs at least 48 hours before the start of the trip. 

3.5 In accordance with § 11 Para. 2 PRG, the traveler must immediately and completely report any lack of conformity of the agreed travel services, taking into account the respective circumstances, including a concrete description of the lack of conformity/defect, so that the tour operator can be put in a position to remedy the lack of conformity - insofar as this is possible or feasible depending on the individual case - taking into account the respective circumstances (e.g. time difference, inability to contact the tour operator in the case of expedition travel, existence of an alternative or replacement/improvement option, etc.) and any associated costs (e.g. time difference, inability to contact the tour operator in the case of expedition travel, etc.).This enables the tour operator to rectify the lack of conformity on site, 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). If a lack of conformity occurs during the normal business hours of the travel agent through which the package tour was booked, the traveler must report the lack of conformity to the travel agent. The traveler is advised to do so in writing, particularly for reasons of proof. Outside normal business hours, the traveler must report any lack of conformity to the tour operator's local representative or, if no such representative is available and/or not contractually required, directly to the tour operator using the emergency number provided in the package travel contract. Failure to report a lack of conformity has an effect on any warranty claims of the traveler if remedial action could have been taken on site and reporting would have been reasonable. In accordance with § 12 Para. 2 PRG, the failure to report can also be counted as contributory negligence (§ 1304 ABGB) with regard to claims for damages. Notification of a lack of conformity does not constitute a promise of performance by the tour operator.

3.6 The traveler is obliged to pay the fees agreed in the contract in full and on time in accordance with the payment terms. The traveler shall indemnify the travel agent for any damage incurred by the travel agent in the event of non-payment (advance payments by the travel agent).

3.7 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 traveler's claims for damages or price reductions against the tour operator (e.g. payments from the hotel), the traveler must inform the travel agent or tour operator of this fact in full and truthfully.

4. insurance

4.1 When traveling on vacation, 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 be borne by the traveler as a general risk of life.

4.2 It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, foreign travel health insurance, delay protection, personal protection, etc.) which guarantees sufficient cover from the date of the package travel contract until the end of the package tour. The traveler can find more detailed information on insurance in the tour operator's catalog.

5. package travel contract

5.1 The traveler 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 traveler is entitled to a paper version. In the case of contracts concluded outside of business premises within the meaning of § 3 Z 1 FAGG, the traveler agrees to receive the copy or confirmation of the package travel contract alternatively on another durable medium (e.g. email).

5.2 Unless otherwise agreed, the traveler shall be provided 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 at the last delivery/contact address provided by the traveler (also possible by e-mail) in good time before the start of the package tour. If the aforementioned documents/documents contain inaccuracies/discrepancies/incompleteness within the meaning of 3.5, the traveler must contact the travel agent or tour operator (see 3.5.). 

6. price changes before departure

6.1 The travel agent shall inform the traveler clearly, comprehensibly and unambiguously on a durable medium (e.g. paper, email) at the address last provided by the traveler of price changes within the meaning of Section 8 PRG, which the tour operator has reserved in the package travel contract, no later than 20 days before the start of the package tour, stating the reasons for the price change.

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

7.1 The travel agent shall inform the traveler clearly, comprehensibly and unambiguously on a durable medium (e.g. paper, email) at the address last provided by the travel agent of any insignificant changes to the content of the package travel contract which the tour operator has reserved in the package travel contract and which it makes unilaterally in accordance with Section 9 (1) PRG.

7.2 Insignificant changes are - whereby this must be checked in each individual case - minor, objectively justified changes that do not significantly change the character and/or the duration and/or the service content and/or the quality of the booked package tour. 

7.3 Significant changes may involve a considerable reduction in the quality or value of travel services that the tour operator is forced to make, if the changes affect essential characteristics of the travel services and/or have an impact on the package tour and/or travel arrangements. 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 tour as well as the intensity, duration and causality of the change and, if applicable, the reproachability of the circumstances that led to the change.

7.4 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 constitute the character and purpose of the package tour (cf. 4 Para. 1 No. 1 PRG) or if it is unable to meet the customer'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, the traveler can 

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

- agree to participate in an alternative trip if this is offered by the tour operator, or

- withdraw from the contract without paying compensation.  

The travel agent shall therefore inform the traveler in the above-mentioned cases about the following points in a clear, comprehensible and unambiguous manner on a durable medium (e.g. paper, email) at the address last provided by the travel agent: 

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

- the reasonable period within which the traveler must inform the tour operator of his decision, as well as the legal effect of not making a declaration within the reasonable period, 

- if applicable, the package tour offered as a replacement and its price.

The traveler is advised to make his declaration in writing. If the traveler does not submit a declaration within the deadline, this shall be deemed as consent to the changes.

8. liability 

8.1 The travel agent is liable within the scope of § 17 PRG for booking errors (e.g. typing errors), provided that these are not due to erroneous or incorrect or incomplete information provided by the traveler or to unavoidable and exceptional circumstances within the meaning of § 2 para. 12 PRG.

8.2 The travel agent is not liable for property damage and financial losses incurred by the traveler in connection with the booking, provided that they are due to unavoidable and exceptional circumstances within the meaning of § 2 para. 12 PRG.

8.3 The travel agent shall not be liable for the provision of the service arranged by him or for the provision of a service which was not arranged by him or which he did not promise to arrange for the traveler or for additional services booked by the traveler himself on site after the start of the trip.
If the travel agent does not comply with his duty to provide information or his duty to provide insolvency protection in accordance with Section 15 (2) PRG when arranging associated travel services, he shall be liable in accordance with the provisions of Sections 7 and 10 and Section 4 of the PRG, which otherwise only apply to package tours.

8.4 If the travel agent arranges a package tour for a tour operator based outside the EEA, he must prove that the tour operator complies with the obligations specified in Section 4 of the PRG (provision of the agreed services, warranty, compensation, duty to provide assistance). If this is not the case, the travel agent is liable in accordance with Section 16 PRG for compliance with the aforementioned obligations.  

9. service - electronic correspondence

9.1 The last address provided to the travel agent (e.g. email address) shall be deemed to be the traveler's delivery/contact address. The traveler must notify any changes immediately. The traveler is recommended to use the written form.