6. Assertion of possible claims
In order to simplify the assertion of claims, the customer is advised to obtain a written confirmation regarding the non provision of services or improper performance respectively to secure receipts, evidences and witnesses.
Consumer warranty claims can be asserted within 2 years.
Claims for damages will become time-barred after 3 years.
In the interest of the traveller, it is recommended to immediately assert claims after having returned from the journey directly at the tour operator or via the procuring travel agency as upon an increasing delay, difficulties regarding the evidence have to be anticipated.
7. Cancellation of the contract
7.1. Cancellation on the part of the customer before the beginning of the Journey
a) Cancellation without cancellation fees
Apart from the legally granted cancellation rights, the customer may – without the operator having claims against her/him – cancel the contract if the following cases occur before the beginning of the service:
If material components of the contract including the travel price are changed to a considerable extent.
The frustration of the conditioned purpose and/or character of the travel event as well as an increase in the agreed travel price by more than 10% effected according to section 8.1 will in each case constitute such contract modification.
The tour operator is obliged to immediately notify the customer the contract modification either directly or via the procuring travel agency and to simultaneously instruct her/him regarding the existing options to either accept the contract modification or to withdraw from the contract; the customer must immediately exercise his option.
If the operator is responsible for the occurrence of the event entitling the customer to the cancellation, the operator is obliged to compensate the customer’s damages.
b) Claim to replacement services
If she/he does not make use of the cancellation possibilities according to letter a) and in case of cancellation by the tour operator without the customer’s fault, the customer may – instead of the contract rescission – request the contract performance by means of the participation in any other equal journey if the operator is able to provide this service.
Apart from the right to the option, the customer is also entitled to a claim for damages due to non-performance of the contract, unless the cases of 7.2 take effect.
c) Cancellation with cancellation fees
The cancellation fee is a percentage of the travel price and with regard to its amount, depends on the time of the notice of cancellation and the respective type of journey. The travel price or the package price is the overall price of the contractually agreed service.
In all cases not mentioned under letter a), the customer is – against payment of a cancellation fee – entitled to cancel the contract. In case the cancellation fees are not reasonable, they can be abated by court.
Depending on the type of journey, the following cancellation rates result per person:
1. Special flights (charter), group IT (group package tours using regular service), coach group excursions (multi-day tours)
until 30 days prior to departure……………………………. 10%
29 to 20 days prior to departure…………………………… 25%
19 to 10 days prior to departure…………………………… 50%
9 to 4 days prior to departure …………………………….. 65%
as of 3 days (72 hours) prior to departure ………………… 85%
of the travel price.
2. Individual IT (individual package tours using regular service), train group excursions (except for special trains)
until 30 days prior to departure …………………………… 10%
29 to 20 days prior to departure ………………………….. 15%
19 to 10 days prior to departure…………………………… 20%
9 to 4 days prior to departure …………………………….. 30%
as of 3 days (72 hours) prior to departure…………………. 45%
of the travel price.
Special conditions apply for hotel accommodation, holiday apartments, ship travels, one-day bus travels, special trains and scheduled flights at special tariffs. The latter are to be listed in the detailed program.
Notice of cancellation
When cancelling the contract, you have to note the following:
The customer (principal) may inform the travel agency at which the travel has been booked at any time that she/he will cancel the contract. In case of cancellation, it is recommended to do this
– by registered letter or
– personally, with a simultaneous written declaration.
No show means if the customer does not appear for the departure, whether she/he does not want to travel or if she/he misses the departure for any negligence for which she/he is responsible or for any coincidence that happens to her/him. If it has been clarified that the customer cannot or does not want to make use of the remaining travel service, she/he must pay according to the type of journey 85% of the package price (e.g. special flights) and respectably 45% of the package price (e.g. individual IT). If the rates mentioned above are not reasonable, they can be abated by court in the special case.
7.2. Cancellation by the tour operator prior to departure
a) The tour operator will be released from the contract if the minimum number of participants specified in the advertisement is not achieved and if the customer has been notified about the cancellation in writing within the following periods or those mentioned in the travel description:
– until 20 days prior to departure in journeys of more than 6 days,
– until 7 days prior to departure in journeys of 2 to 6 days,
– until 48 hours prior to departure in day trips.
If the operator is responsible for the non-achievement of the minimum number of participants to an extent exceeding slight negligence, the customer is entitled to request compensation. This compensation is limited by the amount of the cancellation fee. The assertion of any damage exceeding this amount is, however, not excluded.
b) The cancellation is based on force majeure, i.e. due to exceptional and unforeseeable events that cannot be influenced by the party referring to force majeure and the consequences of which couldn’t have been avoided despite applying the necessary care. This does, however, not include overbooking, but it includes governmental orders, strikes, war or situations similar to war, epidemics, natural disasters, etc.
c) In cases of letters a) and b), the customer will be compensated the deposited amount. She/He is entitled to the option according to 7.1.b, 1st paragraph.