Withdrawal from the contract for a booked trekking or hiking trip (according to the General Travel Conditions ARB 1992) 1.1. Withdrawal by the customer before the start of the trip a) Withdrawal without cancellation fee Apart from the statutory rights of withdrawal, the customer can withdraw without the organizer having any claims against him in the following cases that occur before the start of the service: If essential components of the contract, including the travel price, are significantly changed. In any case, the thwarting of the agreed purpose or character of the travel event, as well as an increase in the agreed travel price by more than 10 percent in accordance with section 2.1. is such a contract change. The organizer is obliged to either immediately explain the contract change directly to the customer and to inform him of the existing option of either accepting the contract change or withdrawing from the contract; the customer must exercise his right of choice immediately. If the organizer is at fault for the occurrence of the event that entitles the customer to withdraw, the organizer is obliged to pay compensation to the customer. b) Right to compensation If the customer does not make use of the cancellation options under letter a and if the organizer cancels through no fault of the customer, he can, instead of reversing the contract, demand that the contract be fulfilled by participating in another equivalent travel event, provided that the organizer is able to provide this service. In addition to the right to choose, the customer is also entitled to compensation for non-fulfillment of the contract, provided that the cases under point 2 do not apply. c) Cancellation with cancellation fee The cancellation fee is a percentage of the travel price and the amount depends on the time of the cancellation notice and the type of trip in question. The travel price or package price is the total price of the contractually agreed service. In all cases not mentioned under letter a, the customer is entitled to withdraw from the contract by paying a cancellation fee. If the cancellation fee is unreasonable, this can be reduced by the court. Depending on the type of trip, the following cancellation rates apply per person: 1. Special flights (charters), group IT (group package tours on scheduled services), bus company tours (multi-day trips) up to 30 days before departure.......................................10% from 29 to 20 days before departure............................25% from 19 to 10 days before departure............................50% from 9 to 4 days before departure..............................65% from the 3rd day (72 hours) before departure..................85% of the trip price. 2. Individual IT (individual package tours on scheduled services), rail company tours (excluding special trains) up to 30 days before departure.......................................10% from 29 to 20 days before departure...........................15% from 19 to 10 days before departure......................20% from 9 to 4 days before departure............................30% from the 3rd day (72 hours) before departure............................45% of the travel price. Special conditions apply to hotel accommodation, holiday apartments, boat trips, one-day bus trips, special trains and scheduled flights at special rates. These must be stated in the detailed program. Declaration of withdrawal When withdrawing from the contract, the following must be observed: The customer (client) can inform the organizer with whom the trip was booked at any time that he is withdrawing from the contract. In the event of cancellation, it is advisable to do this - by registered letter or - in person with a simultaneous written declaration. d) No-show No-show occurs when the customer fails to leave because they do not want to travel or if they miss the departure due to negligence or an accident. If it is also made clear that the customer cannot or does not want to use the remaining travel services, they must pay 85 percent of the travel price for travel types as per lit. c 1. (special flights, etc.) and 45 percent of the travel price for travel types as per lit. c 2. (individual IT, etc.). If the above rates are unreasonable, they can be reduced by the court in individual cases. 1.2. Withdrawal by the organizer before the start of the trip a) The organizer is released from the contract fulfillment if a minimum number of participants specified in the advertisement is not reached and the customer is notified of the cancellation in writing within the deadlines specified in the description of the travel event or the following: - up to 20 days before the start of the trip for trips of more than 6 days, - up to 7 days before the start of the trip for trips of 2 to 6 days, - up to 48 hours before the start of the trip for day trips. If the organizer is at fault for not reaching the minimum number of participants beyond slight negligence, the customer can demand compensation; this is a flat rate equal to the amount of the cancellation fee. The assertion of damages exceeding this amount is not excluded. b) The cancellation is due to force majeure, i.e. due to unusual and unforeseeable events over which the person invoking force majeure has no control and whose consequences could not have been avoided despite exercising due care. This does not include overbooking, but does include government orders, strikes, war or warlike conditions, epidemics, natural disasters, etc. c) In cases a) and b), the customer will receive the amount paid back. The right to choose according to 1.1.b, 1st paragraph is available to the customer. 1.3. Withdrawal by the organizer after the start of the trip The organizer is released from fulfilling the contract if the customer, as part of a group trip, persistently disrupts the execution of the trip through grossly improper behavior, regardless of a warning. In this case, the customer is obliged to compensate the organizer for the damage if he is at fault. 2. Changes to the contract 2.1. Price changes The organizer reserves the right to increase the travel price confirmed with the booking for reasons beyond its control, provided the travel date is more than two months after the contract was concluded. Such reasons are exclusively changes in transport costs - such as fuel costs - charges for certain services such as landing fees, embarkation or disembarkation fees in ports and corresponding fees at airports or the exchange rates applicable to the travel event in question. If a price reduction occurs for these reasons, this must be passed on to the traveler. Price increases can only be made within the two-month period if the reasons for this were negotiated in detail when booking and noted on the booking form. There will be no price change from the 20th day before the departure date. A price change is only permitted if, if the agreed conditions are met, precise information on how the new price is calculated is also provided. Price changes and the circumstances surrounding them must be explained to the customer immediately. If the travel price changes by more than 10 percent, the customer can withdraw from the contract without a cancellation fee (see section 1.1.a.). 2.2. Changes to services after the start of the trip - In the case of changes for which the organizer is responsible, the regulations set out in Section 5 of the General Terms and Conditions (legal basis for service disruptions) apply. - If it becomes apparent after departure that a significant part of the contractually agreed services are not or cannot be provided, the organizer must take appropriate precautions at no additional charge so that the travel event can continue. If such precautions cannot be taken or are not accepted by the customer for good reasons, the organizer must, if necessary, provide an equivalent option for transporting the customer to the place of departure or to another location agreed with him at no additional charge. Furthermore, the organizer is obliged to provide the customer with all possible help to overcome difficulties in the event of non-fulfillment or inadequate fulfillment of the contract. 3. Organizer 3rangers.at - Peter HÖHER 2340 Mödling, Templergasse 9-11/9
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