Is price cuts illegal during natural disasters

Terms of Service

for tour operators or travel agents for package tours within the meaning of the Package Travel Act

The travel agency can act as an organizer (section A) and / or travel agent (section B).

Section A: Tour Operators

1. Scope and Definitions

1.1. A tour operator is an entrepreneur who either directly or through another entrepreneur or together with another entrepreneur puts together package tours (within the meaning of Section 2 Paragraph 2 PRG) and promises or offers them in a contract (see Section 2 Paragraph 7 PRG). The tour operator provides its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV) with the care of a prudent entrepreneur.
An entrepreneur is any natural or legal person who has the status of an entrepreneur according to § 1 KSchG (see § 2 Paragraph 9 PRG).

In the following, tour operator means the company Sunbike - Heinz Hechenberger

1.2. The general terms and conditions are deemed to have been agreed if they - before the traveler is bound to a contract by a contractual declaration - have been transmitted or the traveler was able to view their content. They supplement the package travel contract concluded with the traveler. If the traveler books for third parties (fellow travelers), he thereby confirms that he has been authorized 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 traveler who makes a booking for himself or for a third party is therefore considered to be the client and takes on the obligations under the contract with the tour operator (payments, withdrawal from Contract, etc.).

1.3. A traveler is any person who intends to conclude a contract that is subject to the provisions of the Package Travel Act (e.g. package travel contract) or who is entitled to use travel services on the basis of such a contract.

1.4. The catalog and the website of the tour operator serve as a mere advertising medium. The package tours and other services presented therein do not constitute offers (see 2.2.).

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

1.6. The travel price is understood to be the amount to be paid by the traveler specified in the package travel contract.

1.7. Unavoidable and extraordinary or unpredictable circumstances are incidents / events / circumstances outside the sphere / control of the person who invokes them and the consequences of which could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious impairment of the Security such as terrorism, outbreaks of serious illnesses, natural disasters, weather conditions that prevent a safe journey, etc.) (see § 2 Paragraph 12 PRG).

2. Tasks of the tour operator

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

2.2. 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 information from the traveler - can form the basis of the travel proposals. When creating travel proposals, for example (without claiming to be exhaustive), the price level, specialist skills of the service provider, discounts, the best price principle and other parameters can be used as parameters.

2.3. If the traveler has a specific interest in one of the travel proposals submitted to him by the tour operator, the tour operator will create a travel offer based on the travel proposal in accordance with the provisions of Section 4 PRG, insofar as these are relevant for the trip. The travel offer created by the tour operator binds the tour operator. Changes to the pre-contractual information contained in the travel offer due to price or service changes are possible, provided that the tour operator has reserved this in the travel offer, he informs the traveler clearly, understandably and clearly of the changes before the conclusion of the package travel contract and the changes are agreed between the traveler and Tour operator (see Section 5 (1) PRG). A contract between the tour operator and the traveler is concluded when the travel offer is accepted by the traveler (= contract declaration by the traveler).

2.4. The tour operator advises and informs the traveler on the basis of the information provided by the traveler to the tour operator. The tour operator presents the package tour requested by the traveler to the best of its knowledge, taking into account the customary conditions of the respective country / destination as well as any special features associated with the package tour (e.g. expedition trips). An obligation to provide information about generally known circumstances (e.g. topography , Climate, flora and fauna of the destination desired by the traveler, etc.) does not exist if, depending on the type of package tour, there are no circumstances that require separate clarification or if there is no clarification about the conditions for the provision and the process or the Implementation of the services to be agreed is necessary. Customers can find further information on the homepages of the respective field offices.

2.5. The tour operator informs the traveler in accordance with § 4 PRG before they are bound by a contract declaration to a package tour contract:

2.5.1. About the existence of a package tour by means of a standard information sheet in accordance with Section 4 (1) PRG. In addition, the standard information sheet for package tours can be found on the tour operator's website.

2.5.2. About the information listed in Section 4 (1) PRG, insofar as this is relevant for the package tour to be agreed and is necessary for the implementation and provision of services (e.g. in the case of a pure beach holiday, no references to visits such as study trips etc. are required, unless these are part of the agreed services). In addition, this information can generally be viewed on the homepage of the respective tour operator.

2.5.3. About the general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for handling health formalities (Section 4 (1) (6) PRG), provided this information is relevant to the package tour in question. The tour operator will provide information on foreign exchange and customs regulations on request. In addition, general information on passport and visa requirements, health formalities as well as foreign exchange and customs regulations for travelers with Austrian citizenship can be found by selecting the desired country of destination at https://www.bmeia.gv.at/reise-urlaub/reiseinformation/laender / - or by EU citizens from their respective representative authorities. It is assumed that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is required for trips 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 take care of one.

2.6. Special wishes of the traveler in the sense of customer wishes (e.g. sea view) are basically non-binding and do not trigger any legal claim, as long as these wishes have not been confirmed by the tour operator in the sense of a specification of the traveler according to § 6 Abs 2 Z 1 PRG. If this is confirmed, there is a binding promise of performance. The acceptance of customer requests by the tour operator merely represents a commitment to forward them to the specific service provider or to clarify whether they can be fulfilled and is not a legally binding commitment as long as it has not been confirmed by the tour operator.

2.7. If the traveler does not book directly with the tour operator (e.g. by visiting the branch, making an inquiry by phone or email, etc.), the provisions of section 2 of these terms and conditions apply to them via a travel agent.

3. Powers of the travel agent and services booked on site

3.1. Travel agents are not authorized by the tour operator to make deviating agreements, provide information or make assurances that change the agreed content of the package travel contract, go beyond the contractually promised services by the tour operator or contradict the travel offer. Travel catalogs and internet advertisements that have not been published by the tour operator are not binding for the tour operator and its obligation to provide services, unless they have been made the subject of the travel offer or the content of the tour operator’s obligation to perform by express agreement between the tour operator and the traveler.

3.2. In the case of third party services booked by the tour operator or service providers that are not attributable to the tour operator, on-site services 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 / authorized by the tour operator (see also 20.5.).

4. The passenger's duty to provide information and to cooperate

4.1. The traveler has to give the tour operator - if necessary with the help of a travel agent, if booked through one of them - all necessary and relevant personal information (e.g. date of birth, nationality, etc.) and relevant information (e.g. planned import / transport of medication, prostheses, animals) to the tour operator etc.) in a timely, complete and truthful manner. The traveler has to inform the tour operator about all circumstances concerning himself or those of fellow travelers (e.g. allergies, food intolerance, no travel experience etc.) and about his or the special needs of his fellow travelers, in particular about an existing restricted mobility or state of health and others Restrictions that can be relevant for the preparation of travel offers or for the implementation or implementation of a package tour with the services to be agreed (e.g. for hiking trips etc.), if necessary with the provision of fully qualified evidence (e.g. medical certificate), to inform.

4.2. It is recommended that the traveler, in the event of restricted mobility or other restrictions or special needs within the meaning of point 4.1. (e.g. the need for special medication, regular medical treatments, etc.) that appear likely to interfere with the execution of the trip, to clarify with a doctor before booking whether the necessary travel ability is given.

4.3. If the traveler's mobility is restricted in the period between the conclusion of the contract and the commencement of the package tour, or if there are other restrictions within the meaning of 4.1. the traveler has to inform the tour operator of this immediately - whereby the written form is recommended for reasons of evidence - so that the latter can decide whether the traveler can continue to participate in the package tour without endangering himself or his fellow travelers, or whether to exclude the traveler and withdraw from the contract is justified. If the traveler does not comply with his duty to provide information in full or in good time and the tour operator declares the withdrawal from the contract, the tour operator is entitled to compensation in accordance with the flat-rate compensation.

4.4. The traveler who makes a booking for himself or a third party (fellow travelers) is deemed to be the client and takes on the obligations from the contract with the tour operator (e.g. payment of the Payment; only the client is entitled to withdraw from the contract, etc.) (see 1.2.).

4.5. The traveler is obliged to check all contractual documents transmitted by the tour operator (e.g. package tour contract, booking confirmation, vouchers, vouchers) for factual accuracy to his information / data and for any discrepancies (typographical errors; e.g. name, date of birth) as well as incompleteness and in the event of inaccuracies / Discrepancies / incompleteness are to be reported to the tour operator immediately for correction - in which case the written form is recommended for reasons of evidence. Any additional expenses incurred as a result, if this additional expense is based on false or incorrect information provided by the traveler, must be borne by the traveler, whereby the fee amounts to at least EUR 50.

4.6. In the event that the contractually agreed return transport of the traveler is impossible due to unavoidable and extraordinary circumstances, the tour operator bears the costs for the necessary accommodation for a maximum of three nights.

4.7. Pursuant to Section 11 (2) PRG, the traveler has to report any breach of contract 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 identify the lack of conformity - if this depends on Individual cases are possible or feasible - taking into account the respective circumstances (e.g. time difference, impossibility of contacting during an expedition, availability of an alternative or an exchange / improvement option, etc.) and any associated effort (e.g. cleaning a replacement room, finding a replacement hotel, etc.) ) to be repaired on site. If the traveler books through a travel agent and a lack of conformity occurs during the business hours of the travel agent, the traveler must report the lack of conformity to the agent. The traveler is recommended to use the written form, especially for reasons of evidence. Outside of normal business hours, the traveler must report any lack of conformity to the tour operator's representative on site, or, if such is not available and / or is not contractually owed, directly to the tour operator using the emergency number provided in the package travel contract. Failure to report a lack of conformity, if remedial action on site and a report would have been reasonable, will have an impact on any warranty claims of the traveler. Failure to report can also be counted as contributory negligence (Section 1304 ABGB) in accordance with Section 12 (2) PRG with regard to claims for damages under the law. A report of a lack of conformity does not result in a performance promise by the tour operator.

4.8. The traveler is obliged to pay the agreed travel price within the framework of the package travel contract made in accordance with the payment terms in full and on time. In the event that the down payment or the final payment is not made on time or not in full, the tour operator reserves the right to withdraw from the contract after a reminder has been set and to address any additional compensation regardless of the flat rate compensation.

4.9. In the case of asserting and receiving payments from claims for damages or price reduction within the meaning of Section 12 (5) PRG (e.g.Compensation payment in accordance with Art 7 FluggastrechteVO) or, in the case of receipt of other payments and services from service providers or third parties, which are to be offset against the travel operator's claims for damages or price reduction (e.g. payments by the hotel), the travel agent or tour operator from this circumstance completely and truthfully inform.

4.10. In the event of a breach of contract, the traveler is fundamentally obliged to minimize damage (Section 1304 ABGB).

5. Insurance

5.1. When traveling on vacation, it should be noted that no valuable items, important documents, etc. should be taken with you. In the case of important documents, it is recommended to make and use copies - as far as their use is permitted. The theft of valuables cannot be ruled out and is fundamentally to be borne by the traveler himself, as a realization of the general risk to life.

5.2. It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, international travel health insurance, protection against delays, personal protection, etc.) that guarantees sufficient coverage from the date of the package travel contract until the end of the package tour.

6. Booking / conclusion of contract / deposit

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

6.2. Unless otherwise agreed, the traveler must make a deposit of 20% of the travel price to the account specified in the package travel contract (or to the account specified by the travel agent within 10 days of receipt of the booking confirmation, but no earlier than 11 months before the end of the package tour Account).

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

6.4. If the traveler meets his payment obligations according to 6.2. or 6.3. not after, the tour operator reserves the right, after a reminder with a deadline, to withdraw from the contract and to demand compensation in accordance with the lump-sum compensation.

7. Package travel contract

7.1. Upon conclusion of a package tour contract or immediately thereafter, the traveler receives a copy of the contract document or a confirmation of the contract on a permanent data carrier (e.g. paper, email). If the package tour 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 Section 3 no. 1 FAGG, the traveler agrees to alternatively receive the copy or confirmation of the package travel contract on another permanent data carrier (e.g. email).

7.2. Unless otherwise agreed, the traveler will be sent the travel information by email to the last delivery / contact address provided by him in good time before the start of the package tour. The tour documents are usually deposited at the start hotel. Sending may be possible with an additional charge. If the documents just mentioned should contain inaccuracies / deviations / incompleteness within the meaning of 4.5. the traveler must contact the travel agent or tour operator (see 4.5.).

8. Replacement person

8.1. According to § 7 PRG, the traveler has the right to transfer the package tour contract to another person who fulfills all contractual conditions and is also suitable for the package tour (criteria can include, for example, gender, (non) pregnancy, state of health, required vaccinations / sufficient Vaccination protection, special knowledge and skills, visas, valid entry documents, the non-existence of an entry ban etc.). If the other person does not meet all contractual conditions or is not suitable for the package tour, the tour operator can object to the transfer of the contract. The tour operator must be informed of the transfer of the contract on a permanent data carrier (e.g. paper, email) within a reasonable period of 25 days, but no later than seven days before the start of the trip. A minimum manipulation fee of EUR 50.00 must be paid for the transfer of the package tour contract, provided that no additional costs arise.

8.2. Many airlines or other carriers or service providers treat changes to the travel date or name of the traveler as cancellations and charge them accordingly. If this results in additional costs, these will be billed to the traveler (analogous to Section 7 (2) PRG).

9. Price changes before the start of the journey

9.1. In the package travel contract, the tour operator reserves the right to make price changes after the package travel contract has been concluded no later than 20 days before the start of the package travel. The tour operator will inform the traveler of the price increase (including calculation) in a clear, understandable and precise manner on a durable data carrier (e.g. paper, email) at the address last provided by him at least 20 days before the start of the package tour (including calculation), stating the reasons.

9.2. If the following costs change after the conclusion of the contract, price changes are permitted:

1) Cost of passenger transportation as a result of the cost of fuel or other energy sources;

2) Amount of taxes and duties to be paid for the contractually agreed travel services, such as residence fees, 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 tour.

Price changes can result in price increases or decreases. In the event of price reductions, the traveler will be reimbursed the amount of the price reduction. However, the tour operator can deduct actual administrative expenses from this amount. At the request of the traveler, the tour operator will provide evidence of these administrative expenses.

9.3. In the event of an increase of more than 8% of the travel price (within the meaning of § 8 PRG), 11.4. to use. The traveler has the choice of accepting the increase as an amendment to the contract, consenting to participation 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 reimbursed to the traveler.

10. Changes to the service before the start of the journey

10.1. The tour operator may make insignificant changes to services before the start of the journey, provided that he has reserved this right in the contract. The tour operator or travel agent, if the package tour was booked through one of these, informs the traveler clearly, understandably and clearly on a permanent data carrier (e.g. paper, email) at the address last announced by him of the changes.

10.2. 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.

10.3. Significant changes can mean a significant reduction in the quality or value of travel services that the tour operator is forced to provide if the changes affect essential properties of the travel services and / or have an impact on the package tour and / or travel management. Whether a change or reduction in the quality or value of travel services is significant must be made in each individual case, taking into account the type, duration, purpose and price of the package tour and taking into account the intensity and duration as well as the causation of the change and, if necessary, the The reproachability of the circumstances that led to the change are assessed.

10.4. If the tour operator is forced to make significant changes in the above-mentioned sense of the essential characteristics of the travel services that make up the character and purpose of the package tour (cf. have not been expressly confirmed by the tour operator or if he increases the total price of the package tour in accordance with the provisions of § 8 PRG by more than 8%, the traveler can

- agree to the proposed changes within a reasonable period set by the tour operator, or
- agree to participate in a substitute trip, provided this is offered by the tour operator, or
- withdraw from the contract without paying any compensation.

The tour operator will therefore inform the traveler in the above-mentioned cases about the following points at the address last provided by him in a clear, understandable and clear manner on a permanent data carrier (e.g. paper, email):

- the changes to the travel services and, if applicable, their effects 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 use the written form when making his declaration. If the traveler does not make a declaration within the period, this is deemed to be consent to the changes.

11. Itinerary / Changes

12.1. Due to, for example (without claim to completeness) environmental and weather influences (e.g. rain, wind, avalanches, mudslides etc.), natural disasters (e.g. earthquakes, floods, hurricanes etc.), border barriers, government orders, traffic jams, changes in flight times, terrorist attacks, power outages , opening times changed at short notice, etc. can deviate from the advertised or contractually agreed route, stops on the round trip can be postponed or brought forward, planned visits can be omitted or changed. In these cases, the tour operator endeavors to offer equivalent alternatives or, if necessary, to make up for parts that have been omitted elsewhere.

12. Warranty

12.1. If there is a breach of contract because an agreed travel service has not been provided or is inadequate (= non-conforming to the contract), the tour operator will remedy the lack of conformity, provided that the traveler or his fellow travelers (e.g. family members) do not bring this about themselves and / or do not violate their duties to cooperate and / or the Correction is not thwarted by the traveler and / or the correction would not be impossible or would involve disproportionate costs. The traveler must set the tour operator a reasonable deadline for remedying the lack of conformity, whereby the appropriateness of the deadline in each individual case, based on the type / purpose / duration of the package tour, the notified lack of conformity, the time of notification (e.g. late in the evening, etc.), as well as the necessary time resources, which are necessary for the procurement of a replacement, e.g. of an object (relocation, etc.), must be assessed. A deadline must be set vis-à-vis the representative of the tour operator on site, or, if such is not available and / or is not contractually owed, vis-à-vis the tour operator using the emergency number provided in the package travel contract.

12.2. If the traveler fails to notify in accordance with point 4.7. or to meet his duty to cooperate (e.g. to look at a replacement room offered by the tour operator or to pack his suitcase for a change of room, etc.) or if he sets the tour operator an inappropriately short period to remedy the lack of conformity or if he supports the tour operator within the scope of what is reasonable in removing the If there is no breach of contract or if he refuses without any reason to do so, the traveler has to bear the adverse legal consequences (cf. point 4.7.) Offered by the tour operator to remedy the lack of conformity.

12.3. If the tour operator does not remedy the lack of conformity within the appropriate period, the traveler can remedy the situation himself and demand the reimbursement of the necessary expenses from the tour operator (see Section 11 (4) PRG). The principle of the duty to minimize damage applies, ie. the damage incurred (e.g. costs for replacement performance) is to be kept as low as possible, whereby the duration, value and purpose of the trip must be assumed. In addition, an objective approach to the lack of conformity can be assumed.

12.4. If a significant part of the agreed travel services cannot be provided in accordance with the contract, the tour operator will offer the traveler appropriate services at no additional cost, provided that this is possible due to the circumstances and circumstances (on site) (impossibility, e.g. if there is only one hotel in the booked category) other arrangements (replacement service) for the continuation of the package tour, which, if possible, are qualitatively equivalent or higher than the contractually agreed services; The same applies if the traveler is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by the tour operator may result in a lower quality of the package tour than the contractually agreed services (e.g. half board instead of all-inclusive), the tour operator grants the traveler a reasonable price reduction. The traveler can only refuse 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 appropriate. In the event of rejection, the traveler must demonstrate that the other arrangements offered by the tour operator are not equivalent / comparable to the contractually agreed services and / or the price reduction offered is not sufficient.

12.5. If the lack of conformity has significant effects within the meaning of point 11.3. on the implementation of the package tour and the tour operator does not remedy the lack of conformity within a reasonable period set by the traveler, taking into account the circumstances and lack of conformity (see 13.1.), the traveler can, provided that the continuation of the package tour based on the dimensional figure of an average traveler is not is reasonable to withdraw from the package tour contract without paying any compensation and, if necessary, raise warranty and compensation claims in accordance with Section 12 PRG. If the traveler withdraws from the package tour contract, he should be aware that there is a certain risk associated with it, since both the significance of the effects of non-conformities and the reasonableness of continuing the trip must be assessed in the subjective individual case (by a judge) and the result this assessment may differ from the perception of the traveler. If no other precautions according to point 13.4. are offered or the traveler refuses the offered other arrangements according to point 13.4. If there is a lack of conformity with the contract, the traveler is entitled to warranty and compensation claims in accordance with § 12 PRG even without termination of the package tour contract. In the event of rejection, the traveler must demonstrate that the other arrangements offered by the tour operator are not equivalent / comparable to the contractually agreed services and / or the price reduction offered is not sufficient. If the transport of people is part of the package tour, the tour operator also ensures the immediate return of the traveler in the cases mentioned in this paragraph with an equivalent transport service at no additional cost to the traveler.

12.6.If services cannot be provided due to unavoidable and extraordinary circumstances and the tour operator does not withdraw from the package tour (see 17.1.), But offers replacement services, the additional costs that may arise are to be borne 100% by the traveler.

13. Withdrawal by the traveler without paying a lump sum compensation fee

13.1. Before the start of the package tour, the traveler can withdraw from the package travel contract in the following cases - without paying a lump sum compensation fee:

13.1.1. If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, whereby this is to be assessed in individual cases taking into account the content of the contract and the appearance of the relevant circumstances that entail the risk, which affect the implementation of the package tour or the transport of Persons to the place of destination significantly within the meaning of 11.3. affect. If the traveler withdraws from the contract in these cases, he is entitled to full reimbursement of all payments made for the package tour, but not to additional compensation (cf. § 10 Paragraph 2 PRG).

13.1.2. In the cases of item 11.4.

The resignation must be declared to the tour operator - although written form is recommended for reasons of provability.

13.2. After the start of the package tour, the traveler can in the cases of item 13.5. - withdraw from the package travel contract without paying a compensation fee.

14. Withdrawal by the traveler with payment of a flat rate compensation

14.1. The traveler is entitled at any time to withdraw from the contract against payment of a compensation fee (cancellation fee). The withdrawal must be declared to the tour operator - in which case the written form is recommended for reasons of provability. If the package tour was booked through a travel agent, the withdrawal can also be declared to this agent. The traveler is advised to declare the withdrawal on a permanent data carrier (e.g. paper, email).

14.2. The compensation lump sum is a percentage of the travel price and its amount is based on the time of the declaration of withdrawal as well as on the expected saved expenses and income from other use of the travel services. In case of inappropriateness of the lump sum compensation, it can be moderated by the court.

14.3. Depending on the type of package tour, the following compensation lump sums apply per person:

- Boat trips
The cancellation rates depend on the respective trip and will be sent to you with the travel offer.

- Individual package tours
Up to 28 working days before the start of the trip: 20% (but at least EUR 50.00)
From the 27th to the 8th working day before the start of the journey: 50% of the travel price
From the 7th day of arrival / in the event of no-show: 100% of the travel price

15. No show

15.1. No-show occurs if the traveler does not leave because he lacks the will to travel or if he misses the departure because of an action attributable to him or because of a coincidence that happened to him. If it is also made clear that the traveler can no longer or does not want to use the remaining travel services, he has to pay the following flat rate compensation: 100%

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

16.1. The tour operator can withdraw from the package tour contract before the start of the package tour if he is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and his declaration of cancellation is received by the traveler immediately at the last delivery / contact address given by him, at the latest before the start of the package tour (cf. Section 10 (3) lit b PRG).

16.2. The tour operator can withdraw from the package tour 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 has given the traveler the cancellation notice to the last delivery / contact address specified by him within the period specified in the contract, At the latest however:

a) 20 days before the start of the package tour for trips of more than six days,
b) seven days before the start of the package tour for trips between two and six days,
c) 48 hours before the start of the package tour for trips lasting less than two days,

is received (see Section 10 (3) lit a PRG).

16.3. If the tour operator 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.

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

17.1. The tour operator is released from the fulfillment of the contract without any obligation to reimburse the travel price if the traveler implements the package tour through grossly improper behavior (such as alcohol, drugs, non-compliance with a smoking ban, disregarding certain clothing regulations, e.g. when visiting religious places or when eating meals , criminal behavior, disruptive behavior towards fellow travelers, non-compliance with the guidelines of the tour guide such as regular late arrival, etc.), regardless of a warning, so that the travel process or fellow travelers are disrupted and hindered to an extent that is suitable for third or fellow travelers to relax on vacation impair or thwart the purpose of the trip. In such a case, the traveler is obliged to compensate the tour operator for the damage.

18. General life risk of the traveler

18.1. A package tour usually involves a change in familiar surroundings. An associated realization of the general life risk of the traveler such as (without claim to completeness), stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid and humid climate), digestive problems (e.g. due to unfamiliar spices, dishes, etc.) and / or the realization of any risk associated with the trip, such as (without claim to completeness) earache on diving trips, altitude sickness when traveling at great heights, seasickness on cruises and much more, fall within the sphere of the traveler and cannot be attributed to the tour operator .

18.2. If the traveler does not use services that were properly offered to him for the reasons mentioned above or if he declares the withdrawal from the contract for such a reason, he is not entitled to assert warranty claims or reclaims of unused parts of the travel services.

19. Liability

19.1. If the tour operator or service provider attributable to him culpably breaches the tour operator's obligations arising from the contractual relationship with the traveler, the tour operator is obliged to compensate the traveler for the resulting damage.

19.2. The tour operator is not liable for personal injury, property damage or financial loss of the traveler in connection with the booked services, provided that they occur

19.2.1. represent a realization of the general life risk of the traveler or any general risk associated with the package tour, which falls within the sphere of the traveler (see 19.)

19.2.2. are attributable to the fault of the traveler;

19.2.3. are attributable to a third party who is not involved in the provision of the travel services covered by the package travel contract and the lack of conformity was neither foreseeable nor avoidable; or

19.2.4. are due to unavoidable and extraordinary circumstances.

19.3. In the case of trips with special risks (e.g. expedition character), the tour operator is not liable for the consequences that arise in the course of realizing the risks if this occurs outside of his area of ​​responsibility. This does not affect the tour operator's obligation to carefully prepare the package tour and to carefully select the persons and companies entrusted with the provision of the individual travel services.

19.4. The traveler has to obey laws and regulations, instructions and orders of the staff on site, as well as orders and prohibitions (e.g. bathing ban, diving ban, etc.). In the event of non-compliance by the traveler, the tour operator is not liable for any resulting personal injury or property damage to the traveler or personal and property damage to third parties.

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

19.6. The traveler is advised not to take any items of particular value with them. It is also recommended to properly store or insure the items you have taken with you (see 5.1.).

19.7. As far as the Montreal Convention on Carriage by International Air Transport 2001, the Athens Protocol 2002 to the Athens Convention on Carriage by Sea 1974 or the Convention on International Rail Carriage 1980 as amended in 1999, the extent of the compensation or the conditions under which a provider of a package travel contract limited travel service has to pay compensation, these restrictions also apply to the tour operator (cf. § 12 Paragraph 4 PRG).

20. Assertion of Claims

20.1. In order to facilitate the assertion and verification of alleged claims, the traveler is advised to obtain written confirmation of the non-provision or inadequate provision of services or to secure receipts, evidence, witness statements.

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

20.3. It is advisable, in the interests of the traveler, to assert claims immediately after returning from the package tour, fully and specifically, directly to the tour operator or through the travel agent, since difficulties in providing evidence are to be expected with increasing delay.

21. Delivery - electronic correspondence

21.1. The address last made known to the tour operator (e.g. email address) is considered the delivery / contact address of the traveler. Changes are to be announced by the traveler immediately. The traveler is recommended to use the written form.

22. Provision of information to third parties

22.1. Information about the names of the tour participants and the whereabouts of travelers will not be given to third parties, even in urgent cases, unless the traveler has expressly requested information and the person entitled is announced at the time of booking. The costs arising from the transmission of urgent messages are borne by the traveler. It is therefore recommended that travelers give their relatives the exact holiday address.


Section B: Travel Agents

Those trips that are not marked as "SunBike-Tour" are offered as a travel agent.

miscellaneous

1. Travel money protection

1.1. Intermediary
All travel and accommodation reservations and the issuance of travel vouchers are made by SunBike Heinz Hechenberger as a travel agent if these are marked with "partner tour". The customer money security in accordance with EU regulation is carried out by the organizers of the respective programs.

1.2. organizer
Those trips that are organized by SunBike - Heinz Hechenberger are marked. We have the following customer money security for these trips:

• The processor for securing customer money is Europäische Reiseversicherung, Kratochwjlestrasse 4, 1220 Vienna. Emergency number: 01/3172500.

• The guarantor is the Raiffeisenbank Wallersee, Landstrasse 4, 5203 Köstendorf.
Validity of the bank guarantee: until January 31, 2022

• Organizer number / GISA number: 182 18 459

Please note that all claims for any other loss must be reported to the processor within 8 weeks of the occurrence of the event.

2. Place of jurisdiction / applicable law
- The contractual relationship is subject to Austrian law.
- The customer can sue SunBike - Heinz Hechenberger at their headquarters.
- For lawsuits by the travel agency / operator against the customer, the customer's place of residence is decisive, unless the lawsuit is directed against registered traders or persons who do not have a general place of jurisdiction in Austria. In this case, the seat of the tour operator is decisive.

3. Payment terms

3.1. A system fee of 2% of the invoice amount is charged for credit card payments.

3.2. Bank transfer: You can use our account in Austria free of charge for the payment. Any costs of payment transactions are at the expense of the travel participant!

Bank details SunBike:

Raiffeisenbank Wallersee
• IBAN: AT09 3502 1000 0125 3285
• BIC: RVSAAT2S021

3.3. Down payment: After receiving the booking confirmation, a down payment of 20% has to be paid. This is due at the earliest 11 months before the agreed end of the trip.

3.4. Remaining payment organizer: The remaining payment is due no earlier than 20 days before departure.

3.5. Travel documents: Upon receipt of your final payment, you will receive the travel documents (invoice, hotel list, hotel vouchers and travel information). Depending on the trip, the tour documents are deposited in the hotel or given out when the customer is greeted (route book, brochures from the region, luggage tags).

If you wish to have your tour information sent to you, you will be billed for the postage and packaging - approx. EUR 15.00.

4. Disclaimer of liability for the content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless the author can be shown to have acted with willful intent or gross negligence is present.

All offers are non-binding. The author expressly reserves the right to change, add to, or delete parts of the pages or the entire offer or to temporarily or permanently cease publication without prior notice.

4.1. References and links
In the case of direct or indirect references to third-party websites ("links") that are outside the author's area of ​​responsibility, liability would only come into effect if the author was aware of the content and it was technically possible and reasonable for him to prevent use in the event of illegal content.

The author therefore expressly declares that the linked pages were free of illegal content at the time the links were created. The author has no influence whatsoever on the current and future design and on the content of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked / connected pages that were changed after the link was set. This statement applies to all links and references set within the author's own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information, the provider of the linked page is solely liable, not the person who merely refers to the respective publication via links.

4.2. Copyright and Trademark Law
The author endeavors to observe the copyrights of the graphics, audio documents, video sequences and texts used in all publications, to use graphics, audio documents, video sequences and texts created by himself or to use license-free graphics, audio documents, video sequences and texts.

All brands and trademarks named on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn simply because they are mentioned!

The copyright for published objects created by the author remains solely with the author of the pages. Any duplication or use of such graphics, audio files, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.

4.3. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.

4.3. No warning without previous contact
Should the content or the design of this website infringe the rights of third parties or legal provisions, we ask for a message free of charge. We guarantee that rightly objected passages will be removed immediately without the need for legal assistance on your part. However, if you hire a lawyer, you cannot claim the costs according to § 254 BGB.

4.4. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.

5. EU online arbitration platform

EU arbitration platform

 

Errors and typing errors reserved.

SunBike - Heinz Hechenberger
Salzburger Str. 31/20
5202 Neumarkt
Austria

Phone: + 43- (0) 6216 40805
Fax: + 43- (0) 6216 40805-5
eMail: [email protected]
Internet: www.sunbike.info

Managing director: Heinrich Hechenberger
Headquarters: Neumarkt am Wallersee
District Court Neumarkt
UID: ATU56271368
GISA number: 18216158

Details on SunBike - Heinz Hechenberger's entitlement to exercise travel services can be found on the website https://www.gisa.gv.at/abfrage under the GISA number 182 16 158