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    Adapted to the Austrian Package Travel Act (PRG), Federal Gazette 1 No. 50/2017 and to the Austrian Warranty Law Amendment Act, Federal Gazette 1 No. 48/2001, the General Conditions of Travel of Donau Touristik GMBH A-4010 Linz/Donau apply.

    The basis for these General Conditions of Travel was discussed collectively in the Consumer Policy Advisory Council of the Federal Minister for Health, Sports and Consumer Protection in accordance with Section 73 (1) of the Austrian Industrial Code of 1994 and Section 8 of the Order of the Minister for Economic Affairs, in the version of 1994, on the Performance Regulations for the Travel Agency Industry. The full wording is enclosed with your booking confirmation.
    Donau Touristik GmbH is a travel agency and the shipping company responsible for MS Primadonna. A travel agency can act as an agent and/or as an operator. The agent assumes the responsibility of endeavouring to answer a demand for services to be performed by others. The operator is the company which either offers several tourism services for an all-inclusive price (package travel/tour operation) or promises to provide individual tourism services on its own account and, to this end, generally has its own brochures, advertisements etc. available. A company that acts as a tour operator can also act as an agent if third party services are arranged (e.g. optional excursion at the holiday destination), provided that it advises customers of this agency function. The following conditions constitute the contractual text which travel agencies usually use when they conclude contracts with their customers/travellers as agents or as operators. The special conditions of the respective tour operators, transport companies (e.g. rail, boat) and the other service providers shall take precedence.

    The following conditions shall be the basis of the contract that is concluded between the booker and the operator either directly or via an agent. In the event that the contract is concluded directly, the operator shall fulfil the agent’s obligations correspondingly. The customer shall accept the present GENERAL TRAVEL CONDITIONS. Deviations shall be indicated in the promotional materials in accordance with Section 8 of the Performance Regulations.

    1. Booking/conclusion of the contract:

    The booking must take place in writing by post or e-mail and shall be binding after the booking confirmation has been issued. A down payment of 10 % of the package price must be paid when the booking is made. Balance payments must be paid no earlier than 20 days before the start of the holiday, without being requested again. If the content of the booking confirmation deviates from the content of the booking, this must be regarded as a new offer on the part of the operator, which the customer may accept within 3 days. Therefore, the booking confirmation must be checked immediately. If a payment is not made in spite of being due, the operator may withdraw from the contract. If the full price has not been paid by 3 days before arrival at the latest, a fee of € 5.00 shall be charged for additional expenditure. As the travel documents shall be sent by post, it cannot be guaranteed that these will reach the customer on time in the event of a late payment. In the case of cruises and combined cycling and boat tours, the cabin numbers shall be assigned exclusively by the operator and shall be communicated when the travel documents are sent. In individual cases, the cabin may be changed on board. This shall be at the discretion of the operator. The categorisation of the boat shall not correspond to any official rating system.

    2. Alteration/rebooking:
    A change in the traveller is possible if the replacement person meets all the conditions for participation and if the substitution takes place no later than 7 days before departure. The transferor and the transferee shall be jointly liable for the additional costs incurred by the transfer. In the event of a change with respect to the participants, boarding, accommodation, transport or itinerary after payment for the trip, a rebooking fee of € 25.00 shall be charged. In the event of train tickets that have already been sent, 35 % of the ticket price shall be charged in the event of a change from four weeks before the journey, or 100 % from 5 days before the journey.

    3. Content of the contract, information and other ancillary services
    The customer shall be responsible for compliance with all the applicable passport, visa, customs, foreign currency exchange, airport and health regulations, as well as for the completeness of his travel documents, himself. Participation in the trip shall be at the customer’s own risk. Every participant shall be responsible for compliance with the road traffic regulations himself and for ensuring that he meets the physical requirements for the trip. The participation of minors shall only be possible in the company of a parent or legal guardian. In the case of cruises and combined cycling and boat tours, minors may only book a cabin to share with an adult. The operator reserves the right to approve the booking of a minor separately or to limit the total number of minors on the cruise. The boats do not have any special facilities for children.
    Beyond the agent’s obligations to provide information, the operator must provide sufficient information about the service that it offers. The descriptions of the services in the catalogue or brochure that was valid at the time of the booking and the other information contained therein shall be the subject of the travel contract, unless agreements to the contrary are made during the booking. The specified stops shall be the main intermediate destinations.

    4. Trip with special risks:

    In the event of trips with special risks, the operator shall not be liable for consequences which arise in the course of the occurrence of the risks if this takes place outside the scope of its obligations.

    5. Legal bases in the event of disruptions to services
    5.1. Warranty:

    The customer shall have a warranty claim in the event that the service is not performed or is poorly performed. The customer agrees that the operator shall provide him with a faultless service or improve the poor service within a reasonable period in lieu of his right to rescission or a reduction in the price. A remedy may be provided by rectifying the deficiency or by providing an equivalent or higher value replacement service which meets with the express consent of the customer.

    5.2. Compensation

    If the operator or its assistants culpably infringe the operator’s obligations arising from the contractual obligations, the operator shall be obliged to compensate the customer for damages arising from this. Insofar as the tour operator is responsible for persons other than its employees, it shall only be liable - apart from in cases of personal injury - when it cannot prove that these acted neither with wilful intent nor with gross negligence. With regard to the transportation of baggage, the operator shall bear no liability for items which are not usually carried in the luggage (e.g. laptop, wine bottles, etc.). Exception: the customer has informed the operator of this in writing IN ADVANCE. Items in addition to those in daily use may, therefore,
    only be transported SEPARATELY if information has been provided in advance. No liability can be accepted for damages to handles of the items of luggage which arise from usual use.

    5.3. Notification of deficiencies:
    The customer must immediately notify a representative of the operator or the operator itself of any deficiency in the fulfilment of the contract that he discovers during the trip. This requires him to have been made aware of such a representative and for the latter to be accessible on the spot without notable effort. Failure to make this communication shall change nothing with respect to the warranty claims of the customer described under 5.1. It may, however, be considered as a contributory negligence and, in this respect, reduce his possible claims to compensation. The operator must, however, have informed the customer of this notification obligation either directly or through the agent. At the same time, the customer must also have been informed that a failure to report the deficiency will not affect his warranty claims, but may be considered as a contributory negligence. If applicable, it is recommended that the operator be informed of deficiencies directly, in the absence of a local representative, and that a remedy be demanded (hotline: 0043 664 326 1577).

    5.4. Special laws for liability:
    In the event of flights, the operator shall be liable in accordance with the Warsaw Agreement and its supplementary agreement; in the event of rail and bus trips, it shall be liable in accordance with the Austrian Railway and Car Liability Act. In the event of cruises, Donau Touristik GmbH shall be liable in accordance with the Austrian Inland Waterways Act.

    5.5. Transportation of luggage:
    If the luggage is transported every day, it shall naturally be subject to more stress. It is recommended that items of luggage that are as robust as possible are used. Only 1 item of luggage can be transported per person. No liability can be accepted for visual damages and damages to handles, straps or wheels which arise from usual use. For damages to or the loss of luggage, we shall be liable for 1 item of luggage/person up to max. € 700.00 During the transportation of luggage, we shall only be liable if these damages were culpably caused by our legal representatives, deputies or vicarious agents and are reported to us immediately after they become apparent. The conclusion of an assumption of liability for damages to luggage is strongly recommended. Due to the provisions of customs law, items of luggage may not be locked during cross-border stages of the trip (customs controls). Cash, documents and valuables must be held by the customer himself; they should not be in the luggage (see also 5.2). In the event of the transfer of luggage within a state, it may be locked.

    5.6. Exclusion of liability for the customer’s own bicycles:

    The transportation of the customer’s bicycles shall only be possible at the customer’s risk, as the available transport trailers have fixed positions for the operator’s bicycles and the securing of other bicycles is only possible to a limited extent. If Donau Touristik GmbH takes on the transportation of the customer’s on bikes, any resulting claims for compensation on account of damages, loss or theft shall be excluded, unless Donau Touristik is responsible for wilful intent or gross negligence. We offer you insurance for your own bicycle which covers damages during the transportation of the bicycle. Such an insurance policy shall cost € 67.00 or € 83.00 for each journey. No options for the placement of the customer’s own bicycles may be provided; any liability by Donau Touristik GmbH shall be excluded. Customer’s own e-bikes: any costs incurred for charging e-bikes shall not be included and shall be payable on the spot.

    5.7. Exclusion of liability for a private car park - operator Donau Touristik GmbH
    For unattended car parks which are operated by Donau Touristik GmbH itself (e.g. Passau), use shall be at the customer’s own risk; no liability is assumed for damages caused by third parties. Germany’s Road Traffic Regulations shall apply.

    5.8. Exclusion of liability for cycle paths
    The condition of the cycle paths is constantly changing and it is not possible for the operator to constantly monitor the cycle paths. The operator may not provide up-to-date information about the precise condition of the cycle paths. Therefore, the operator shall not be liable for incidents which are triggered by a poor condition of the cycle paths.

    5.9. Special situation cruises and combined cycling and boat tours:
    A riverboat is, on the one hand, a “holiday hotel”, but also, on the other hand, a working vessel which moves by motor power and must be constantly serviced, even at night. Passages through locks and under bridges are associated with disruptions. This is the case for all Danube cruises and is, unfortunately, unavoidable. Please remember that river boats are restricted in terms of their size and are not, therefore, comparable with seagoing vessels. The cabins provide less space, but are also comfortably furnished. Changes in the water level (low water or high water) for cruises and combined cycling and boat tours may make a change in journey times, a transfer to a different boat, a transfer between different points of the route by bus or rail or a shortening of the journey necessary. Measures to this effect may, under certain circumstances, only be decided at short notice during the trip. These do not constitute a reason to withdraw from the trip. In this respect, they also do not justify claims (e.g. for compensation) by the customer against the operator. The same shall apply in the event of officially ordered repairs to locks or bridges which were not announced in advance or in the event of blameless damage to the motor or drive of the boat.
    The boats’ wastewater system is extremely sensitive. For this reason, signs are attached in the sanitary facilities which provide information about what things/materials must not be disposed of via the drainage pipes. Infringements can be verified for each cabin. The operator shall be entitled to expel the traveller from the boat within 24 hours. Our MS Primadonna has 4 cabins that are suitable for wheelchairs and meet the general European standard. Customers who are dependent upon help or have other special requirements should find out about the possibilities from the operator or the booking travel agency. Overall, the crew can only provide a limited amount of assistance on board. Necessary assistance must be declared 48 hours in advance. If necessary, the operator may demand that a person with restricted mobility be accompanied by another person who is able to provide the necessary assistance.

    6. Assertion of any claims:
    To make the assertion of claims easier, the customer is recommended to ask for written confirmations of the non-provision or the inadequate provision of services and to secure receipts, evidence and witnesses. Warranty claims may be asserted within 3 years. In the interests of the traveller, it is recommended that claims be asserted directly to the operator after the return from the trip (preferably within 6 months after the contractually intended end). Customer feedback and claims for compensation may only be answered in the event of a concrete breach of the travel contract. Due to the seasonal peak period, an examination of claims for compensation may only take place from the end of the season (= October of the respective year of travel), thus approx. 3-4 months after the receipt of the letter. The limitation period shall amount to 3 years throughout the EU; thus, the customer shall not suffer a disadvantage.

    7. Withdrawal from the trip
    7.1. Withdrawal of the customer from the contract:

    If essential parts of the contract are changed by the operator, the customer may withdraw from the contract free of charge. The operator is obliged to immediately inform the customer, either directly or via the agent, of the change to the contract, and to inform him about his choice of either withdrawing from the contract or accepting the change; the customer must exercise his right of choice immediately.  In the event of a withdrawal from a booked trip for other reasons, it is recommended that is done in writing and by registered mail.
    The following cancellation conditions apply to cycling tours and cruises with MS Kaiserin: 10 % of the price of the trip up to 30 days before the start of the trip; 15 % from 29 to 20 days before the start of the trip; 20 % 19 to 10 days before the start of the trip; 30 % 9 to 4 days before the start of the trip; 45 % 3 days before the start of the trip or later. There is a no-show if the customer stays away because he decides not to travel or if he misses the outward journey because of a mishap that has befallen him. In this case, a 45 % cancellation fee must be paid. Services that are not claimed (e.g. if a trip is aborted) shall not be refunded.
    For all cruises and combined cycling and boat tours, the following separate cancellation conditions shall apply: 10 % of the price of the trip up to 84 days before the start of the trip, 50 % at 83-42 days, 70 % at 41-28 days, 90 % at 27-15 days, 100 % from 14 days or later. The failure to start the trip shall be regarded as a withdrawal from the trip.

    7.2. Withdrawal of the operator before the start of the trip:
    The operator reserves the right to cancel a trip if the minimum number of participants (for cruises and combined cycling and boat tours: 70 people) is not reached (by 21 days before the start of the trip) or due to force majeure (strikes, war or war-like situations, epidemics, natural disasters, damage to the boat or average etc.), i.e. due to unusual and unforeseeable events on which the party which invokes force majeure has no influence and whose consequences could not have been avoided in spite of exercising due care. In the case of cruises and combined cycling and boat tours, the operator shall have the right to cancel the trip up to 4 weeks before the start of the journey if the execution of the trip is not feasible for the operator, after all the options have been exhausted, because the costs incurred exceed the limit of what is economically sustainable for the trip, in particular in the case of a substantial explosion in fuel costs (from a fuel price increase of 20 %). This shall not apply if the operator must be responsible for the reasons. Payments made shall be refunded by the operator immediately. Further claims shall not exist.

    7.3. Withdrawal of the operator after the start of the trip:

    The operator shall be released from the fulfilment of the contract if, during the trip, the customer causes lasting disruption to the execution of the trip due to grossly improper conduct despite a warning. The operator’s entitlement to the price for the trip shall remain unaffected by this. In this case, the customer shall be obliged to compensate the operator for the damages if he is at fault. Both the operator and the customer shall have a right to terminate the contract due to force majeure (strikes, war or war-like situations, epidemics, natural disasters, damage to the boat or average etc.). The operator shall then arrange the steps that are necessary after the cancellation of the contract and for the return transfer of the customer, provide that this has been laid down and is not prevented by force majeure. The operator shall have the right to demand compensation for the costs of the services provided. Any additional costs for the return transport or other measures must be borne by the customer.

    8. Amendments to the contract:

    In the event of an amendment for which the operator is responsible, the provisions specified in Section 5 shall apply. If it transpires, after arrival, that a significant part of the contractually agreed services is not provided or cannot be provided, the operator must provide appropriate arrangements with no additional charge, so that the trip can be continued. If such arrangements are not made, the operator must, if applicable, provide an equivalent option, with no additional charge, by which the customer shall be transported to the place of departure or to another place agreed with him. The customer may only reject changes to services or changes to the itinerary and replacement services for important, objectively identifiable reasons. In other respects, the operator is obliged to make every effort to help the customer to overcome difficulties in the event of the non-fulfilment or the inadequate fulfilment of the contract. If a customer ends the trip early, he shall not be entitled to a full or partial refund of the price that has been paid. The operator shall not be liable for any costs incurred, such as accommodation, meals, the return journey. In the event of cruises and combined cycling and boat tours, a minimum of 25 participants or the minimum number of participants listed separately in the trip description shall apply for shore excursions. The operator must provide an equivalent replacement service without an additional charge.

    9. Operator/protection of the customer’s money:
    Donau Touristik GmbH, Lederergasse 4-12, A-4010 Linz, entered in the commercial register in Linz Commercial Court, FN 146860x, Data Processing Register No.: 0876194 is in the travel insolvency protection directory GISA with the GISA number 14994814.
    The protection of the customer’s money that is necessary in accordance with the Austrian Travel Agency Decree (RSV) Federal Gazette II No. 316/1999 in the event of package trips by the operator Donau Touristik GmbH is provided under the following conditions: The down payment shall be paid no earlier than 11 months before the agreed end of the trip and shall amount to 10 % of the price of the trip. The balance payment shall be paid no earlier than 20 days before the start of the trip. Additional or early down payments or balance payments may not be demanded and shall not be protected. The guarantor and insurer shall be Allgemeine Sparkasse Oberösterreich (bank guarantee/insurance contract No. 8,434,006).
    All claims must be reported to the liquidator within 8 weeks of the occurrence of the insolvency, or the claim will be forfeit. (Europäische Reiseversicherung, Kratochwjlestrasse 4, A-1220 Wien, Tel.: 01/317 25 00, Fax: 01/319 93 67).
    Other essential details shall arise from the General Conditions of Travel published by the Austrian Economic Chamber. You shall receive the valid version of these when you make your booking. All the information in this catalogue is correct at the time of printing in January 2019.

    10. Declaration of consent:
    The party to the contract agrees that his personal data, specifically his name, address, e-mail address, sex and telephone number shall be stored by Donau Touristik GmbH for the purpose of sending promotional materials about the offers of that company.
    The customer agrees to be informed about new offers of the company Donau Touristik GmbH and to receive the newsletter.
    This consent may be revoked at any time by e-mailing info(at)donautouristik.com.

    11. Standard information in accordance with Section 4 of the Package
    Travel Act (PRG), Federal Gazette 1 No. 50/2017:

    The combination of travel services offered to you is a package trip in terms of the Directive (EU) 2015/2302. Therefore, you can avail yourself of all the EU rights which apply to package travel. The company Donau Touristik GmbH shall bear full responsibility for the proper execution of the entire package trip. In addition, the company shall have at its disposal the legally required coverage for the repayment of your payments and, if transport is included in the package trip, to ensure your return journey in the event of its insolvency.

    Most important rights under the Directive (EU) 2015/2302:

    • The travellers shall receive all the important information about the package trip before conclusion of the package travel contract.
    • At least one entrepreneur shall always be liable for the proper provision of all the travel services included in the contract.
    • The travellers shall receive an emergency telephone number or information about a point of contact which they can use to get in touch with the tour operator or the travel agency.
    • The travellers may transfer the package trip - within a reasonable period and possibly for additional costs - to another person.
    • The price of the package trip may only be increased if certain costs (for example fuel prices) increase and if this is expressly provided for in the contract, and this must take place no later than 20 days before the start of the package trip. If the price increase exceeds 8 % of the price of the package trip, the traveller may withdraw from the contract. If a tour operator reserves the right to a price increase, the traveller shall have the right to a price reduction if the corresponding prices are reduced.
    • The travellers may withdraw from the contract without paying a cancellation fee and shall receive a full refund of all their payments if one of the essential parts of the package trip, with the exception of the price, is substantially changed. If the entrepreneur responsible for the package trip cancels the package trip before the start of the package trip, the travellers shall be entitled to a refund of their costs and possibly to compensation.
    • If extraordinary circumstances occur before the start of a package trip, the travellers may withdraw from the contract without paying a cancellation fee, for example if serious security problems exist at the place of destination which are likely to have a negative effect on the package trip.
    • In addition, the travellers may withdraw from the package trip at any time before the start of the package trip in return for the payment of an appropriate and acceptable cancellation fee.
    • If essential parts of the package trip cannot be carried out in accordance with the agreement after the start of the package trip, appropriate alternative arrangements must be offered to the traveller without additional costs. The traveller can withdraw from the contract without paying a cancellation fee if services are not provided in accordance with the contract and this has a considerable impact on the provision of the contractual package travel services and the tour operator neglects to provide a remedy.
    • The traveller shall be entitled to a price reduction and/or compensation if the travel services are not provided or are not provided properly.
    • The tour operator shall provide assistance to the traveller if the latter is in difficulties.
    • In the event of the insolvency of the tour operator or - in some member states - of the travel agent, payments shall be refunded. If the insolvency of the tour operator or, if relevant, the travel agent, occurs after the start of the package trip and the transport is part of the package trip, the return journey of the travellers shall be guaranteed. Donau Touristik GmbH has concluded an insolvency protection agreement with Allgemeine Sparkasse Oberösterreich (bank guarantee/insurance contract No. 8,434,006). The travellers may contact this institution or, if applicable, the competent authority (Europäische Reiseversicherung, Kratochwjlestrasse 4, A-1220 Wien, Tel.: 01/317 25 00, Fax: 01/319 93 67) if services are denied to them due to the insolvency of Donau Touristik GmbH.