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 of these General Terms and Conditions (AGB) was jointly discussed in the Consumer Policy Advisory Board of the Federal Ministry for Health, Sports, and Consumer Protection in accordance with § 73 para. 1 of the Trade Regulation Act (GewO) 1994 and § 8 of the Regulation of the Federal Minister for Economic Affairs in the version of 1994 on the regulations for the travel agency industry. The complete wording is enclosed with your booking confirmation/invoice.

Donau Touristik GmbH is a travel agency and tour operator, while Donauschifffahrts-Gesellschaft mbH (DSGL) is a shipping company. A travel agency can act as an intermediary and/or as an organizer. The intermediary undertakes the obligation to assist in obtaining a claim for services provided by others. The organizer is the company that either offers several tourist services for a package price (package tour/tour event) or promises to provide individual tourist services as its own offering, usually providing its own brochures, advertisements, etc. A company acting as a tour operator may also act as an intermediary when third-party services are brokered (e.g., optional excursions at the holiday destination), provided it indicates this intermediary function. The following conditions represent the contract text that is typically used for contracts between travel agencies, either as intermediaries or as organizers, and their customers/travelers. The specific conditions of the mediated tour operators, mediated transport companies (e.g., rail, ship), and other mediated service providers take precedence.

THE TRAVEL AGENCY AS AN OPERATOR

The following conditions form the basis of the contract that the booker enters into with an organizer, either directly or through an intermediary. In the case of a direct contract, the organizer is subject to the obligations of the intermediary in a similar manner. The customer generally acknowledges these GENERAL TERMS AND CONDITIONS, with any deviations made clear in the advertising materials in accordance with § 8 of the regulations mentioned below.

1. Booking/conclusion of contract:
The booking must be made in writing via post, online form, or email and becomes binding upon issuance of the booking confirmation/invoice. If the booking is made by a traveler via phone, we will confirm it by email or post within 2 weeks. A deposit of 20% of the arrangement price is required at the time of booking. The remaining balance must be paid at least 20 days before the departure date without further request. If the content of the booking confirmation/invoice deviates from the content of the booking, this shall be considered a new offer from the organizer, which the customer may accept within 3 days. Therefore, the booking confirmation/invoice should be checked immediately. If payment is not made despite being due, the organizer may withdraw from the contract. If the full travel price has not been paid by no later than 3 days before arrival, an additional fee of €5 will be charged for extra expenses. Since travel documents are partially sent by post, late payment may result in the documents not arriving on time. The travel price is stated in Euro/EUR and per person in a double room or twin cabin. The arrival date determines the seasonal price of the base package. Additional nights do not affect the seasonal period. Some municipalities charge a local overnight tax, which is listed in the respective travel brochure. Depending on the current regulations of the municipalities, an energy/inflation surcharge may be levied on-site. Only one discount granted by the organizer can be redeemed. Combining multiple discounts is not possible unless explicitly indicated on the website or in the brochure. The total deduction of all granted discounts or bonuses may amount to a maximum of 12% of the invoice amount (for cruises and bike cruises, a maximum of 6%). For cruises and bike cruises, cabin number allocation is solely at the discretion of the organizer. In individual cases, there may be a change of cabin on board, which is at the discretion of the organizer or ship owner. The classification of ships does not follow an official rating system.

2. Change/rebooking:
A change of the traveler is possible if the replacement person fulfills all the requirements for participation and the change occurs no later than 5 working days before the departure. Both the transferor and the transferee are jointly responsible for any additional costs incurred due to the transfer. For changes regarding participants, boarding, accommodation, transportation, itinerary, or offer, a rebooking fee of €35 will be charged, and €70 per booking will be charged if the change is made within 10 days before departure. Changes to arrival dates are excluded; in this case, the cancellation conditions apply (see 7.1.). If a train arrival/departure package is included in your trip, a change of the booked date is only possible upon request with an additional charge.

Hotels: Our classification of the suns ☼ is based on our experience and the stars of the national hotel classification. If specifically named hotels are fully booked for distance tours, we will reserve an equivalent alternative and refund €5 per person per night. If only a lower category or a neighboring town (max. 10 km) is available, we offer a discount of €10 per person per night. For distance tours, you will receive your travel documents about 21 days before departure.

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, tests according to the regulations of the respective country at the time of arrival) and for the completeness of their travel documents. Participation in the trip is at the traveler’s own risk. Each participant is responsible for adhering to traffic regulations. In particular, it is the responsibility of the traveler to verify the suitability of any equipment brought along for the offered trips (e.g., personal bicycles, lights, etc.). The traveler is responsible for ensuring they are physically and health-wise able to meet the demands of the trip. The participation of minors is only possible if accompanied by a legal guardian. Minors may only book a cabin together with an adult for cruises and bike cruises. The organizer reserves the right to approve the booking of a minor separately or to limit the total number of minors on the cruise. The ships do not have special facilities for children.

Beyond the informational obligations that also apply to the intermediary, the organizer is required to sufficiently inform about the services they offer. The service descriptions in the catalog or brochure valid at the time of booking, as well as other information contained therein, form part of the travel contract unless other agreements were made at the time of booking. The listed stage locations are the main destinations on the route.

4 Travel with special risks:

For trips with special risks, the organizer is not liable for the consequences arising from the occurrence of these risks if they occur outside of their area of responsibility.

5. Legal basis in the event of service disruptions:
5.1 Warranty:
The customer has a warranty claim in the event of non-performance or inadequate performance. The customer agrees that, instead of a claim for withdrawal or price reduction, the organizer will provide a defect-free service within a reasonable period or improve the deficient service. Remediation can occur by fixing the issue or offering an equivalent or higher-quality substitute service, which also receives the customer's express consent.

5.2 Compensation for damages:
If the organizer or their agents breach the duties owed to the customer under the contract, they are obligated to compensate for the resulting damage. To the extent the tour operator is responsible for individuals other than their employees, they are only liable—except in cases of personal injury—if they cannot prove that these individuals did not act with intent or gross negligence. The organizer is not liable for baggage transport of items that are typically not carried in travel luggage (e.g., laptops, electronic devices, various forms of payment, wine bottles, etc.).

5.3 Reporting of defects:
The customer must immediately report any defects in the performance of the contract they notice during the trip to a representative of the organizer or directly to the organizer. However, this assumes that such a representative has been appointed and is easily reachable on-site. The failure to notify does not affect the customer’s warranty claims described in section 5.1. However, it may be considered as contributory negligence, potentially reducing any compensation claims. The organizer must have informed the customer in writing, either directly or through the intermediary, about this reporting obligation. The customer must also be informed at the same time that a failure to notify does not affect their warranty claims, but may be considered contributory negligence. In the absence of a local representative, it is advisable to inform the organizer directly of any defects and request remedial action (7-day hotline: 0043 664 326 1577).

5.4 Special liability laws:
The organizer is liable for air travel in accordance with the Warsaw Convention and its supplementary agreement, for train and bus travel in accordance with the Railway and Motor Vehicle Liability Act. For cruises, Donau Touristik GMBH and Donauschifffahrts-Gesellschaft mbH are liable according to the Austrian Inland Navigation Act and these terms and conditions.

5.5 Luggage transport:
Due to the nature of luggage transport, luggage is subject to more strain. It is recommended to use robust luggage. Only 1 piece of luggage per person can be transported. No liability is accepted for cosmetic damages or damages to carrying handles, hand grips, pull straps, drawbars, or wheels, which may result from normal use. For damage or loss of travel luggage, we are liable for 1 piece of luggage per person, up to a maximum of €1,000. We are only liable for luggage transport if the damage was caused by our legal representatives, agents, or subcontractors, and the issue is reported to us immediately upon occurrence. It is strongly recommended that the customer take out insurance for luggage damage on their own. Cash, documents, and valuables must be kept by the customer personally and must not remain in the luggage (see also 5.2.). For luggage transfer within a country, the luggage may be locked.

5.6 Exclusion of liability for customers' own bicycles:
The transport of customer bicycles is only possible at the customer's own risk, as the available transport trailers are fixed for organizer's bicycles, and securing third-party bicycles is only possible to a limited extent. If Donau Touristik GMBH handles the transport of customer-owned bicycles, any resulting claims for damages (e.g., paint damage), loss, or theft are excluded, unless Donau Touristik GMBH is responsible for intent or gross negligence, and the customer has raised a complaint when receiving/returning the bicycle to the driver. For this reason, we strongly recommend that you take out insurance for your own bicycle during the return transfer to the departure location. Customer-owned E-bikes: Any charges for charging E-bikes are not included and must be paid on-site. So-called "Fatbikes" (bikes with tires wider than 5 cm) are excluded from return transfer services and can only be transported upon request.

5.7 Disclaimer private car park - operator Donau Touristik GMBH:
For unattended parking spaces operated by Donau Touristik GMBH (e.g., in Passau), the use is at the customer's own risk, and no liability is accepted for damages caused by third parties. The traffic regulations of the respective country apply.

5.8 Exclusion of liability for cycle paths:
The condition of bike paths is constantly changing, and the organizer cannot carry out continuous inspections of the bike paths. Therefore, the organizer cannot provide current information on the exact condition of the bike paths. The organizer is not liable for incidents caused by the poor condition of the bike paths or detour routes (alternative routes).

5.9 Special situation for cruises and cycle cruises:
A river boat is a "holiday hotel" on the one hand, but also a piece of equipment that moves by motor power and has to be operated constantly, even at night. Lock and bridge crossings are associated with disruptions. This is unavoidable on all river cruises. Please bear in mind that river ships are limited in size and therefore cannot be compared with ocean-going vessels. The cabins offer less space, but are also comfortably equipped. Changes in the water level (low water or high water) on cruises and cycle cruises may make it necessary to change the journey times, switch to another ship or transfer between different points on the route by bus or train or shorten the journey. Under certain circumstances, such measures can only be decided at short notice during the journey. These are not grounds for cancellation of the trip. In this respect, they also do not justify any claims (e.g. compensation) by the customer against the organiser. The same applies to lock and bridge repairs ordered by the authorities and not announced in advance or in the event of engine or propulsion damage to the ship through no fault of the customer.

Missed departure: If a passenger misses the departure of the ship through his own fault, the costs for transport to the next port and possibly also for an additional overnight stay and/or additional mooring fee must be borne in full by the passenger. Depending on the volume of traffic or for other operational reasons, the captain may depart before the scheduled departure time as soon as no more passengers are reported ashore according to the reception or no guest is missing on the day of arrival until the scheduled departure time.

The ships' waste water system is highly sensitive. For this reason, signs are displayed in the sanitary facilities indicating which items or materials must not be disposed of via the drainage pipes under any circumstances. Infringements may be prosecuted per cabin. The organiser is entitled to remove the passenger(s) from the ship within 24 hours.

The MS Primadonna has 4 wheelchair-accessible cabins that meet the general European standard. Customers who are dependent on assistance or have other special needs should enquire about the possibilities with the tour operator or the travel agency making the booking. Overall, the crew on board can only provide limited assistance. Any assistance required must be notified 48 hours in advance. If absolutely necessary, the organiser may request that a person with reduced mobility be accompanied by another person who is able to provide the required assistance.

Should the basic fuel prices increase by more than 10 % from the current (catalogue printing date) € 950,- per tonne, we reserve the right to charge a fuel surcharge of up to € 45,- per person per week.

6. Assertion of any claims:
In order to facilitate the assertion of claims, the customer is advised to obtain written confirmation of the non-provision or defective provision of services and to secure evidence. Warranty claims can be asserted within 3 years. In the interests of the traveller, it is advisable to assert claims directly with the organiser after returning from the trip (preferably up to 6 months after the contractually agreed end date). Customer reactions and claims for compensation can only be answered in the event of a specific breach of the travel contract. Due to the peak season, any examination of claims for damages can only take place from the end of the season (= October of the respective travel year), i.e. approx. 3-4 months after receipt of the letter. The customer shall not suffer any disadvantage as a result of the aforementioned limitation period.

7. Cancellation of the trip:

7.1. Customer's cancellation of the contract:
If essential elements of the contract are changed by the organiser, the customer can withdraw from the contract free of charge. The organiser is obliged to notify the customer of the change to the contract directly or via the agent without delay and to inform the customer of the existing option of either withdrawing from the contract or accepting the change; the customer must exercise their right to choose without delay. When cancelling a booked trip for other reasons, it is advisable to do so in writing and by registered letter. Cancellations on public holidays and between 5 p.m. on Friday and 8 a.m. on Monday are only valid if they are also made by telephone.

The following general cancellation conditions apply to cycle tours for which Donau Touristik acts as tour operator: up to 30 days before departure 15%, 29 to 20 days before arrival 20%, 19 to 10 days before arrival 40%, 9 or less before the trip 70%, from 3 days before arrival or later 50% of the tour price. For star bike tours from Dresden, Fügen, Bad Wörishofen, Kaprun & Uhldingen the following cancellation conditions apply: up to 30 days before arrival 15 %, 29 to 20 days before arrival 20 %, 19 to 10 days before arrival 40 % and from 9 days before departure or later 70 % of the tour price. A no-show is when the customer fails to arrive. In this case, an 80% cancellation fee must be paid. Services not used (e.g. if a trip is cancelled) will not be refunded. For cycle tours where Donau Touristik acts as an agent (marked as partner tours), the cancellation fees apply as stated on our website for the respective tour.

For all cruises and cycle cruises with the MS Primadonna and Islandhopping Croatia, a cancellation fee of 15% applies up to 84 days before arrival, 50% from 83 to 42 days before arrival, 70% from 41 to 28 days before arrival, 80% from 27 to 15 days before arrival and 90% from 14 days before arrival or later. Non-arrival without prior cancellation is considered a cancellation (= no-show) with a 100% cancellation fee. Services not used (e.g. if a trip is interrupted) will not be refunded.

Deviating cancellation conditions may be stated separately on our website or travel advertisement: The cancellation conditions listed at the time of your booking apply.

7.2 Cancellation by the organiser before the start of the trip:

The organizer 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), or 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 that the party invoking force majeure cannot influence and whose consequences could not have been avoided despite the exercise of due diligence.

For cruises and cycling cruises, the organizer has the right to cancel the trip up to 4 weeks before the departure date if the trip cannot be carried out for the organizer due to circumstances beyond their control, especially when the resulting costs exceed the economic feasibility of the trip, particularly in the case of significant fuel cost increases (above a 20% fuel price increase). This does not apply if the organizer is responsible for the reasons.

Payments made will be refunded by the organizer promptly. No further claims exist.

7.3 Cancellation by the Organiser after the start of the trip:
The Organiser shall be released from the fulfilment of the contract if, in the course of a trip, the customer persistently disrupts the execution of the trip through grossly improper behaviour, regardless of a warning. This is the case if the organiser can prove that 10% of the tour participants have complained about such disruption. The organiser's claim to the tour price remains unaffected. In this case, the customer is obliged to compensate the organiser for the damage if he is at fault. Due to force majeure (strikes, war or warlike conditions, pandemics, natural disasters, damage to the ship or accidents, etc.), both the organiser and the customer have the right to terminate the contract. The organiser will then take the steps necessary for the cancellation of the contract and for the return transfer of the customer, provided this has been stipulated in the contract or is not prevented by force majeure. The organiser has the right to demand compensation for the costs of the services provided. Any additional costs for return transport or other measures shall be borne by the customer.

8. Changes to the contract for cruises and cycle cruises:

In the case of changes for which the organizer is responsible, the provisions listed in Section 5 apply, with the following additions. The customer may only reject changes to services, program adjustments, or substitute services for important, objectively recognizable reasons. Contract and program changes may also become necessary at short notice, e.g., after the trip has already started, due to external circumstances. In the event that the captain declares the ship's continuation of the journey to be inadmissible, the service provider may arrange alternative transportation by bus, train, or another mode of transport to bring passengers to the embarkation or disembarkation point of the trip (if different from the embarkation point). The customer has no claim to alternative transportation or to a choice of the geographical endpoint of the journey and/or the chosen mode of transport.

If the travel route needs to be changed, planned stopovers or destinations are altered or canceled, or the booked cruise is shortened due to low or high water levels, or other reasons that fall under force majeure and are beyond the organizer’s or service provider’s control, the customer is only entitled to a reduction in the travel price and/or compensation for an amount not exceeding the proportional price of the unconsumed days on board. Example of calculation: if one day or night is missed during an 8-day or 7-night cruise, the maximum claim would be 1/7 (one-seventh) of the cruise price. There is no compensation for any additional services booked before and/or after the cruise.

In the case of cycling cruises, if the route is changed or the trip is shortened, no alternative transportation with other means of transport will generally be provided. The same disclaimers and limitations of liability apply for missed stages of the trip and/or shortened trips, as mentioned earlier. However, the service provider will make efforts – even in cases of force majeure – to provide the customer with accommodation on board for the duration of the stay, as long as it is technically and nautically feasible, and to organize transportation at the end of the trip to the originally planned destination. Since cycling is the primary activity for a cycling cruise and not the visit to specific destinations, the service provider will strive to offer excellent cycling opportunities, even with a changed route. All cycling, whether on planned or unplanned or modified routes, is undertaken at the customer's own risk. The organizer or service provider is not liable for any damage, whether personal injury or property damage.

Furthermore, the organizer is obliged to provide assistance to the customer to the best of their ability in the event of non-fulfillment or inadequate fulfillment of the contract. If a customer ends the trip early, they have no claim to a full or partial refund of the paid travel price. The organizer is not liable for additional costs incurred, such as accommodation, meals, or return travel. For cruises and cycling cruises, the minimum number of participants for land programs is 25 people or the minimum number of participants specified in the travel brochure.

The organizer reserves the right to adjust prices in the event of hyperinflation of more than 10% between the publication of the travel brochure and the departure date. The reference value is the Austrian consumer price index for 1966. In this case, customers will be informed of the price increase no later than 3 weeks before departure and may have the right to cancel the travel contract without incurring cancellation fees.

10. Declaration of consent:
The contract partner agrees that their personal data, such as name, address, email address, gender, and telephone number, will be stored by the respective company (Donau Touristik GMBH or Donauschifffahrts-Gesellschaft mbH) for the purpose of sending promotional material about the offers of these companies.

The customer agrees to be informed about new offers from Donau Touristik GMBH and Donauschifffahrts-Gesellschaft mbH without obligation and to receive newsletters. This consent can be revoked at any time by emailing info(a)donautouristik.com.

11. Standard information according to § 4 Package Travel Act (PRG), BGBL. 1 No. 50/2017:
If travel services are offered in combination, this constitutes a package tour according to Directive (EU) 2015/2302. As such, you are entitled to all EU rights applicable to package travel. Donau Touristik GMBH is fully responsible for the proper performance of the entire package tour. Additionally, the company has the legally required protection to refund your payments and, if transport is included in the package, to ensure your return transport in the event of its insolvency. For the valid formation of a contract, the pre-contractual information requirement is decisive—this is fulfilled by providing a standard information sheet—so the full General Terms and Conditions (AGB) do not need to be printed here. This catalog, therefore, does not serve as the sole contractual basis for booking or non-binding inquiries and does not claim completeness.

Main rights under Directive (EU) 2015/2302:

• Travellers receive all essential information about the package before concluding the package travel contract.
• At least one trader is always liable for the proper provision of all travel services included in the contract.
• Travellers are given an emergency telephone number or details of a contact point through which they can get in touch with the tour operator or travel agent.
• Travellers may transfer the package holiday to another person within a reasonable period of time and possibly at additional cost.
• The price of the package holiday may only be increased if certain costs (e.g. fuel prices) increase and if this is expressly provided for in the contract, and in any case no later than 20 days before the start of the package holiday. If the price increase exceeds 8% of the package tour price, the traveller may withdraw from the contract. If a tour operator reserves the right to increase the price, the traveller has the right to a price reduction if the corresponding costs are reduced.
• Travellers may withdraw from the contract without paying a cancellation fee and receive a full refund of all payments if one of the essential elements of the package tour, with the exception of the price, is significantly changed.
• If the trader responsible for the package tour cancels the package tour before the start of the package tour, travellers are entitled to a refund and, under certain circumstances, compensation.
• Travellers may withdraw from the contract without paying a cancellation fee if exceptional circumstances arise before the start of the package tour, for example if there are serious security problems at the destination that are likely to affect the package tour. In addition, travellers may withdraw from the contract at any time before the start of the package tour against payment of a reasonable and justifiable cancellation fee.
• If, after the start of the package tour, essential elements of the package tour cannot be carried out as agreed, the traveller must be offered reasonable alternative arrangements at no extra cost. The traveller may withdraw from the contract without paying a cancellation fee if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package tour services and the tour operator fails to remedy the situation.
• The traveller is entitled to a price reduction and/or compensation if the travel services are not provided or not provided properly.
• Information about the names of tour participants and the whereabouts of travellers will not be provided to third parties, even in urgent cases, unless the traveller expressly requests this.
• The tour operator will assist the traveller if he/she is in difficulty.

12. Rentalbikes:
The bike is picked up upon arrival at the starting point of the cycling tour. The customer selects the frame size according to the available rental bikes based on their own body size. If the customer is taller than 190 cm or shorter than 160 cm, a written request for special sizes must be made at least two weeks in advance. The customer adjusts the saddle height themselves according to the manufacturer's maximum settings. The rental bike must be tested by the customer for at least 250 meters to check its functionality, especially the lights, bell, brakes, etc. Any defects should be reported immediately via the 7-day service hotline at 0043 664 32 61 577. The handlebar height may only be adjusted by a professional workshop. For both private and rental e-bikes, the customer is responsible for charging the e-bikes at the designated stations (preferably at the overnight hotels). The customer is liable for improper handling of the rental bikes. Rental bikes must always be locked and securely attached to a fixed object by the customer.