GENERAL CONDITIONS OF TRAVEL

MS PRIMADONNA
All cruises and combined cycling tours and cruises with the MS Primadonna shall be conducted by Donauschiffahrts-Gesellschaft mbH, Linz - DSGL for short (= 100 % Subsidiary of the Donau Touristik GmbH).

CYCLING TOURS AND TOURS WITH OTHER SHIPS
All cycling tours and all other cruises as well as combined cycling cruises shall be conducted by Donau Touristik GmbH. Donau Touristik GmbH acts as an agent for tours of other tour operators not belonging to the group of companies and/or as a tour operator for package tours. The General Conditions of Travel shall apply equally to DSGL Donauschifffahrts-Gesellschaft mbH, Linz and to Donau Touristik GmbH, Linz.

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 (DT) and Donauschifffahrts-Gesellschaft mbH Linz (DSGL), A-4010 Linz/Donau shall apply regular. These form the basis of the travel contract and can be found in detail on our website at www.arb.donaureisen.at; www.arb.radferien.com and www.msprimadonna.at/arb. On request (info(a)donautouristik.com or by phone +43 732 2080) we will send them to you free of charge.

The basis for these General Conditions of Travel was discussed collectively in the Consumer Policy Advisory Council of the Federal Ministry 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, tour operator and Donauschifffahrts-Gesellschaft mbH (DSGL) is a shipping company. A travel agency can act as an agent and/or as an operator. The agent takes on the obligation of endeavouring to answer a demand for services to be performed by others. The operator is the company that 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 provides its own brochures, advertisements and so on. 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 shall constitute the contractual text that 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 TRAVEL AGENCY AS AN OPERATOR
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 beindicated 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 or invoice has been issued. If the booking is made by the traveller by phone, we will confirm by e-mail or by mail within 2 weeks. Bookings shorter than 1 week before arrival are subject to a surcharge of € 50.00/booking.

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 trip, without being requested again. If the content of the booking confirmation / invoice 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/invoice 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 are partly sent by post, it cannot be guaranteed that these will reach the customer on time in the event of a late payment. The tour price is quoted in Euro/EUR and per person in a double room or twin cabin. The date of arrival determines the seasonal price of the basic package. Additional nights do not change the seasonal price. Some municipalities charge city taxes, which are listed in the respective travel brochure. Depending on the current regulations of the municipalities, an energy/expensive flat rate may be charged on site. Only one discount granted by the tour operator can be redeemed at a time, a combination of several discounts is not possible, unless this is marked accordingly on the website or advertisement. In the case of cruises and combined cycling tours and cruises, 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 or shipping company. The categorisation of the boat does not correspond to any official rating system.

2. Change/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 5 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, itinerary or offer, a rebooking fee of € 35.00 shall be charged; from 10 days before arrival, the fee shall be € 70.00. Excluded from this are changes to arrival dates, here the stated cancellation conditions apply (see 7.1.). If a train return package is included in your trip, it is no longer possible to change the booked date.

Hotels: Our categorisation with suns ☼ is based on our experience and the stars of the national hotel classification. If the named hotels are fully booked for individuall cycling tours, we will reserve the same category if possible and refund € 5,- per person per night. If only one category below or the neighbouring town (max. 10 km) is possible, we offer a refund of € 10.00 per person per night. You will receive your hotel list about 21 days before arrival.

3. Content of the contract, information and other ancillary services:
The customer is responsible for complying with all applicable passport, visa, customs, currency, airport, and health regulations (including required vaccinations, testing as per the governmental regulations of the respective country at the time of arrival), as well as ensuring the completeness of their travel documents. 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 (e.g. own bicycles, lights etc.) 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 tours and cruises, 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.

In addition to 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. Trips with special risks:
In the event of trips with special risks, the operator shall not be liable for consequences that 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 that 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 relationship, the operator shall be obliged to compensate the customer for the resulting damages. 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 that are not usually carried in the luggage (e.g. laptop and other electronic devices, cash, wine bottles etc).

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 regarded 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 regarded 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 (7-days-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 boat trips, Donau Touristik GmbH and Donauschifffahrts-Gesellschaft mbH shall be liable in accordance with the Austrian Inland Waterways Act and this general conditions of travel.

5.5. Transportation of luggage:
During the transportation of luggage, it naturally undergoes increased stress. It is recommended to use durable luggage whenever possible. Only 1 piece of luggage per person can be transported. We cannot be held liable for visual damages or damages to handles, straps, pull handles, telescopic handles, or wheels resulting from normal use. We are liable for damages or loss of luggage up to 1 piece per person, with a maximum of € 700. We are only liable for luggage transport if it is caused negligently by our legal representatives, agents, or assistants and reported to us immediately upon occurrence. It is strongly recommended to independently insure against luggage damages. Cash, documents, and valuables must be personally secured by the customer and should not remain in luggage (see also section 5.2). Luggage can be locked during intra-state transfers.

5.6. Exclusion of liability for the customer’s own bicycles:
The transport of customer bicycles is only possible at the customer‘s own risk, as the available transport trailers have fixed settings for organizer bicycles, making it difficult to secure other bikes. If Donau Touristik GmbH undertakes the transport of customer-owned bicycles, any resulting claims for compensation due to damage (e.g., paint damage), loss, or theft are excluded, unless Donau Touristik GmbH is guilty of intent or gross negligence, and the customer has lodged a complaint with the driver upon receipt/return of the bicycle. Therefore, we recommend, in your own interest, to insure your own bicycle for the return transfer to the place of arrival. Customer-owned e-bikes: Any costs incurred for charging e-bikes are not included and are payable on-site. So-called „Fatbikes“ (bicycles with tires wider than 5 cm) are excluded from return transfer services and can only be transported upon request.

5.7. Exclusion of liability for a private car park - operator Donau Touristik GmbH
For unattended car parks that 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 that are triggered by a poor condition of the cycle paths or alternative routes (detours).

5.9. Special situation cruises and combined cycling tours and cruises:
A riverboat is, on the one hand, a “holiday hotel”, but also, on the other hand, a working vessel that 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 river cruises and is 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 tours and cruises 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 shall not constitute grounds 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 and bridges that were not announced in advance or in the event of blameless damage to the motor or drive of the boat.

Missing the departure: if a passenger misses the boat’s departure through his own fault, the costs for transport to the next port and possibly for an additional overnight stay and/or an additional docking fee shall be borne by the passenger in full. The captain may cast off before the planned departure time depending on the traffic volume or for other operational reasons as soon as the reception reports that there are no more passengers onshore or, on the day of arrival up to the planned departure time, no more guests are missing.

The boats’ wastewater system is extremely sensitive. For this reason, signs are attached in the sanitary facilities to provide information about what things or 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 options 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.

Should the current fuel prices (printing of catalogue) increase from € 950.00/tonne by more than 10 %, we are entitled/reserve the right, to collect an additional fuel surcharge. of € 45.00 per person and week.

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 evidence. 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 that he has the 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 this is done in writing and by registered mail.

The following general cancellation conditions apply to cycling tours for which Donau Touristik GmbH acts as tour operator: up to 30 days before departure 15 %, from 29 to 20 days before arrival 20 %, 19 to 10 days before arrival 25 %, 9 to 4 days before departure 40 %, from 3 days before arrival or later 50 % of the tour price. For single center tours starting from Dresden, Fügen, Bad Wörishofen, Kaprun & Uhldingen, the following cancellation conditions apply: up to 30 days before arrival a 15 % cancellation fee is applicable; from 29 to 20 days before arrival, it‘s 20 %; from 19 to 10 days before arrival, it‘s 40 %; and from 9 days before the start of the journey or later, it‘s 70 % of the tour price. A no-show occurs if the customer does not arrive because he or she lacks the will to travel or if he or she misses the arrival due to a fortuitous due to a fortuitous event. In this case, a cancellation fee of 80 % must be paid. Services not used (e.g. in the event of a trip being cancelled) will not be not be refunded. In the case of cycling tours for which Donau Touristik GmbH acts as agent (marked as partner tours), the cancellation fees apply as listed on our website for the respective tour.

For all cruises and cycling cruises with the MS Primadonna as well as Island Hopping Croatia apply up to 84 days prior to arrival 15 %, 83 to 42 days 50 %, 41 to 28 days 70 %, 27 to 15 days 80 %, 14 days or later 90 % of the tour price. Failure to commence the journey without prior cancellation is considered a cancellation (= no-show) with a cancellation fee of 100 %. Services not used (e.g. if a trip is cancelled) will not be refunded. Different cancellation conditions may be listed separately on our website or in the travel brochure: The cancellation conditions listed at the time of your booking apply.

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 cycling trips: 10 people, for cruises and cycling cruises: 100 people) is not reached (generally up to 21 days before departure, for short cruises up to 7 days before departure) as well as due to force majeure (strikes, war or war-like conditions, pandemics, natural disasters, damage to the ship or accidents etc.), i.e. due to unusual and unforeseeable events on which the party that 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 cruises, the operator shall have the right to cancel the trip up to 4 weeks before the start of the trip 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. This is the case if the organizer can prove 10 % of the travelers complaining about such disruption. 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, pandemics, 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, provided 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. Amendment to the contract for cruises and combined cycling cruises:
In the event of an amendment for which the operator is responsible, the provisions specified in Section 5 shall apply with the following additions. The customer may only reject changes to services or changes to the itinerary and replacement services for important, objectively identifiable reasons. Amendments to the contract or changes to the itinerary may also become necessary in the short term - e.g. only after the start of the trip - due to external circumstances. In the event that the captain declares that the ship cannot proceed, the service provider can transport the passengers by bus, train or another means of transport in order to get them to the place of embarkation or the place of disembarkation - if the latter differs from the place of embarkation. The customer shall not be entitled to alternative transportation or to a choice with respect to the geographical end point of the trip and/or the selected means of transport. In the event that a change to the route, a change or cancellation of planned ports of call or destinations and a shortening of the booked cruise is necessary due to low or high water levels or for other reasons that lie in the realm of “force majeure” and are not within the sphere of influence of the operator or the service provider, the customer shall only be entitled to a reduction in the price of the trip and/or to compensation to an amount that does not exceed the proportional price for the day/days not spent on board. Example calculation: if one day or 1 night of a 7-day or 7-night cruise is missed, the maximum entitlement would be 1/7 (one seventh) of the price of the trip for the cruise. There shall be no entitlement to compensation for any additionally booked services before and/or after the cruise.

In particular, in the event of combined cycling tours and cruises, no replacement transport in other means of transport can be provided if the route is changed or the journey is shortened. The same exclusions of or limitations of liability as mentioned above shall apply for intermediate destinations that are not visited and/or for a shortening of the trip. The service provider shall, however, endeavour - even in the event of “force majeure” - to provide the customer with accommodation on board for the booked duration of the stay - provided that this is safely and nautically possible - and to organise transport to the original planned destination of the trip at the end of the trip, if possible. As cycling is the main motivation for travel in a combined cycling cruise, rather than visiting specific destinations, the service provider shall attempt to offer the guests very good cycling opportunities even when the route is changed. All cycling on planned and unplanned or changed routes shall be at the customer’s own risk. The operator or the service provider shall not be liable for any damages, irrespective of whether these are personal injuries or property damages.

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 cruises, a minimum of 25 participants or the minimum number of participants listed separately in the trip description shall apply for shore excursions.

The tour operator reserves the right to adjust the prices in case of hyperinflation of more than 10 % between the printing of this insurance policy and the date of travel. The reference value is the consumer price index Austria 1966. In this case, customers will be informed of the increase at least 3 weeks before departure and have the right to withdraw from the travel contract without cancellation costs.

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 and Donauschifffahrts-Gesellschaft mbH for the purpose of sending promotional materials about the offers of the respective companies.

Personal data (e.g. telephone number) will be transmitted to partners and service providers for contact in case of emergency. The customer agrees to be informed via direct mailing about new offers of the company Donau Touristik GmbH and Donauschifffahrts-Gesellschaft mbH without obligation and to receive the newsletter. This consent can be revoked at any time by e-mail to info(a)donautouristik.com.

11. Standard information in accordance with Section 4 of the Package Travel Act (PRG), Federal Gazette 1 No. 50/2017:
When you are offered a combination of travel services, this shall be a package trip in terms of the Directive (EU) 2015/2302. Therefore, you can avail yourself of all the EU rights that 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 their 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 there are serious security problems at the place of destination that 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.
• Information about the names of the participants and the places of residence of travellers shall not be provided to third parties, even in urgent cases, unless the traveller expressly desires this.
• The tour operator shall provide assistance to the traveller if the latter is in difficulties.

12. Rental bikes
Handover of bikes effects on arrival at your starting point of your cycle tour. The customer chooses the frame size according to the available rental bikes according to his own height; if the customer has a height of more than 190 cm or less than 155 cm, a written order of special sizes is required at least 2 weeks in advance. The adjustment of the saddle height is made by the customer himself and adheres to the maximum settings specified by the manufacturer. The rental bike is test ridden by the customer at least 250 meters and tested for functionality, especially for lights, bells, brakes, etc. Any defects will be reported immediately on the 7-day service phone number 0043-664 32 61 577. The height of the handlebars may only be changed by a specialist workshop! - In the case of rental e-bikes, the customer is responsible for charging the e-bikes in the designated stations (preferably overnight hotels). The rental bicycles must always be locked and connected to a fixed object.