Terms

General Terms and Conditions of Silvertip Tours GmbH

Version October 2026 – based on the current model general terms and conditions of the WKO (Austrian Federal Economic Chamber) for travel agents/intermediaries and tour operators

Silvertip Tours GmbH acts with its services as a tour operator or as a travel agent/intermediary. In the case of an arranged (intermediated) travel service, the travel conditions of the service provider whose service is arranged (tour operators, airlines, hotels, etc.) apply.

The travel agency may act as a travel agent/intermediary (Section A) and/or as a tour operator (Section B).

The travel agent/intermediary undertakes to endeavour to procure an entitlement to the services of others (tour operators, transport companies, hoteliers, etc.).

A tour operator is the undertaking that either offers several tourist services at an all-inclusive price (package travel/organised travel) or promises to provide individual tourist services as its own services and, for this purpose, generally provides its own brochures, advertisements, etc.

An undertaking that acts as a tour operator may also act as a travel agent/intermediary when third-party services are arranged (e.g. an optional excursion at the holiday destination), provided that it points out this intermediary function.

The following conditions constitute the contractual text on the basis of which travel agencies, as travel agents/intermediaries (Section A) or as tour operators (Section B), usually conclude contracts with their customers/travellers (note: within the meaning of the KSchG).

The special conditions

of the tour operators whose services are arranged,
of the transport undertakings whose services are arranged (e.g. rail, bus, aircraft and ship) and
of the other service providers whose services are arranged take precedence.

A. General Terms and Conditions for Travel Agents/Intermediaries

1. Scope of application

1.1.

The travel agent/intermediary arranges travel contracts for individual travel services (such as flights, hotels, etc.), for package travel (within the meaning of § 2 Abs 2 PRG) and for linked travel arrangements (within the meaning of § 2 Abs 5 PRG) between the tour operator or service provider on the one hand and the traveller on the other. The travel agent/intermediary provides its services in accordance with the statutory provisions, in particular the Package Travel Act (Pauschalreisegesetz – PRG) and the Package Travel Ordinance (Pauschalreiseverordnung – PRV), with the diligence of a prudent businessperson.

In the following, travel agent/intermediary means the company Silvertip Tours GmbH.

1.2.

These General Terms and Conditions are deemed to have been agreed if they were provided to the traveller, or the traveller was able to inspect their content, before the traveller is bound by a contractual declaration to a contract. They form the basis of the agency contract (Geschäftsbesorgungsvertrag) concluded between the travel agent/intermediary and the traveller.

1.3.

These General Terms and Conditions apply to the agency contract (cf. point 1.2). The contractual relationships between the traveller and the tour operator whose services are arranged, the transport undertakings whose services are arranged (e.g. rail, bus, aircraft and ship, etc.) and other service providers whose services are arranged are governed by their respective general terms and conditions, provided that these were provided to the traveller – before the traveller is bound by a contractual declaration to a contract – or the traveller was able to inspect their content, and the content of those terms and conditions is not unlawful or does not contravene existing law.

2. Duties of the travel agent/intermediary

2.1.

On the basis of the information provided by the traveller, the travel agent/intermediary prepares travel proposals for the traveller. These are non-binding and therefore do not yet constitute offers within the meaning of § 4 PRG. If no travel proposals can be prepared on the basis of the traveller's information, the travel agent/intermediary will inform the traveller accordingly.

The travel proposals are based on the information provided by the traveller, which is why incorrect and/or incomplete information provided by the traveller may – in the absence of clarification by the traveller – form the basis of the travel proposals. When preparing travel proposals, parameters such as (without claim to completeness) the level of the price, the specialist expertise of the tour operator/service provider, discounts, the best-price principle and much more may be used, where applicable.

2.2.

If the traveller has a specific interest in one of the travel proposals submitted to him by the travel agent/intermediary, the travel agent/intermediary will prepare a travel offer on behalf of the tour operator on the basis of the travel proposal in accordance with the requirements of § 4 PRG, insofar as these are relevant to the trip. The travel offer prepared by the travel agent/intermediary binds the tour operator or, in the case of linked travel arrangements or individual travel services, the service provider. A contract between the tour operator or, in the case of linked travel arrangements or individual travel services, between the service provider and the traveller is concluded when the travel offer is accepted by the traveller (= contractual declaration of the traveller, cf. 1.3).

2.3.

The travel agent/intermediary advises and informs the traveller on the basis of the information communicated by the traveller to the travel agent/intermediary. To the best of its knowledge, the travel agent/intermediary presents the tour operator's package to be arranged for the traveller according to the traveller's information or, in the case of linked travel arrangements or individual travel services, the service of the service provider, taking into account the conditions customary in the respective country/place of destination and taking into account any special features that may be associated with the trip (e.g. expedition trips). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the traveller), unless, depending on the type of trip, there are circumstances requiring separate clarification or unless clarification of circumstances is necessary for the provision and the course or performance of the service to be arranged. As a matter of principle, it must be taken into account that the traveller consciously chooses a different environment, and that the standard, the facilities, the food (in particular spices) and hygiene are oriented towards the regional standards/criteria customary in the respective country/place of destination. In addition, the traveller generally has the opportunity to read more detailed information on the local conditions, in particular with regard to the location, place and standard (local customary standards) of the services to be arranged, in the catalogue or on the website of the respective tour operator.

2.4.

In accordance with § 4 PRG, the travel agent/intermediary informs the traveller, before the traveller is bound by a contractual declaration to a package travel contract:

2.4.1.

About the existence of a package by means of the standard information form pursuant to § 4 Abs 1 PRG. In addition, the standard information form for package travel can generally – if available and printed or uploaded – be viewed in the catalogue or on the website of the respective tour operator.

2.4.2.

About the information listed in § 4 Abs 1 PRG, insofar as this is relevant to the package to be arranged and necessary for its performance and the provision of services (e.g. in the case of a pure beach holiday, no information on sightseeing as in the case of study trips etc. is required, unless such sightseeing is part of the agreed services). In addition, this information can generally – if available – be viewed in the catalogue or on the homepage of the respective tour operator.

2.4.3.

Whether the package to be arranged for the traveller is generally suitable for persons with reduced mobility, insofar as this information is relevant to the package concerned (§ 4 Abs 1 Z 1 lit h PRG). By analogy with Art 2 lit a of Regulation 1107/2006 (rights of disabled persons and persons with reduced mobility when travelling by air), a person with reduced mobility is a person with a physical disability (sensory or locomotor, permanent or temporary) which restricts the use of components of the package (e.g. use of a means of transport, of accommodation) and which requires the services to be arranged to be adapted to the particular needs of that person.

2.4.4.

About general passport and visa requirements of the country of destination, including the approximate periods for obtaining visas and for completing health formalities (§ 4 Abs 1 Z 6 PRG), insofar as this information is relevant to the package concerned. On request, the travel agent/intermediary provides information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities and foreign exchange and customs regulations can be obtained by travellers with Austrian citizenship by selecting the desired country of destination at https://www.bmeia.gv.at/reise-services/laender-a-bis-z - or by EU citizens from their respective representative authorities. It is assumed to be known that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is generally required for travel abroad, and the traveller is personally responsible for its validity. The traveller is personally responsible for complying with the health formalities communicated to him. The traveller is personally responsible for obtaining any necessary visa, unless the travel agent/intermediary has agreed to procure it.

2.5.

Before the traveller is bound by a contractual declaration, the travel agent/intermediary informs the traveller in accordance with § 15 Abs 1 PRG, in the case of linked travel arrangements, that the traveller cannot claim any rights that apply exclusively to package travel, that each service provider is only liable for the proper contractual performance of its own service, and that the traveller benefits from insolvency protection under the Package Travel Ordinance. In accordance with § 15 Abs 2 PRG, the travel agent/intermediary fulfils this information obligation by providing the relevant standard information form pursuant to Annex II PRG, provided that the type of linked travel arrangement is covered by one of these standard information forms.

2.6.

Special requests of the traveller in the sense of customer wishes (e.g. sea view) are in principle non-binding and do not give rise to any legal entitlement, as long as these wishes have not been confirmed by the tour operator, in the case of package travel, as a requirement of the traveller pursuant to § 6 Abs 2 Z1 PRG or, in the case of linked travel arrangements or individual travel services, by the service provider as a requirement of the traveller. If confirmation is given, there is a binding commitment to perform.

The statements of the travel agent/intermediary constitute an undertaking to use its best endeavours to forward the traveller's wishes to the tour operator/specific service provider and are not a legally binding commitment as long as they have not been confirmed by the tour operator or, in the case of linked travel arrangements or individual travel services, by the service provider.

3. Traveller's duty to provide information and to cooperate

3.1.

The traveller must communicate to the travel agent/intermediary all personal information (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/carrying of medicines, prostheses, animals, etc.) that is necessary and relevant for the trip in good time, completely and truthfully. The traveller must inform the travel agent/intermediary of all circumstances relating to his person or to fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.) and of his particular needs or those of his fellow travellers, in particular of any existing reduced mobility or the state of health and other limitations which may be relevant for the preparation of travel proposals/travel offers or for the execution or performance of the trip and the travel services (e.g. in the case of hiking trips, etc.), if necessary by providing complete qualified evidence (e.g. a medical certificate).

3.2.

Where there is reduced mobility or other limitations or particular needs within the meaning of point 3.1. (e.g. the need for special medication, regular medical treatment, etc.) which appear likely to impair the performance of the trip, the traveller is advised to consult a doctor before booking to establish whether the necessary fitness to travel is given.

3.3.

If a reduction in the traveller's mobility occurs only in the period between conclusion of the contract and the start of the trip, or if other limitations within the meaning of 3.1. arise during this period, the traveller must notify the travel agent/intermediary of this without delay – written form being recommended for reasons of proof – so that the latter can inform the tour operator or, in the case of linked travel arrangements or individual travel services, the service provider accordingly.

3.4.

The traveller who has a booking made by the travel agent/intermediary for himself or for third parties is deemed to be the principal and, unless otherwise agreed, assumes – by analogy within the meaning of § 7 Abs 2 PRG – the obligations arising from the agency contract towards the travel agent/intermediary (e.g. payment of the fee, etc.).

3.5.

The traveller is obliged to check all contractual documents transmitted through the travel agent/intermediary (e.g. package travel contract, booking confirmation, vouchers) for factual correctness with respect to his information/data and for any discrepancies (typing errors; e.g. names, date of birth) as well as for incompleteness, and in the event of inaccuracies/discrepancies/incompleteness to notify the tour operator of these without delay for correction – written form being recommended for reasons of proof.

3.6.

In order that the limited obligation of the tour operator to bear the costs of necessary accommodation, in the event that repatriation is not possible due to unavoidable and extraordinary circumstances, does not apply to travellers with reduced mobility (pursuant to Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and their accompanying persons, pregnant travellers, unaccompanied minor travellers and travellers in need of specific medical assistance, the travellers concerned must inform the tour operator or travel agent/intermediary of their particular needs at least 48 hours before the start of the trip.

3.7.

In accordance with § 11 Abs 2 PRG, the traveller must report any lack of conformity of the agreed travel services perceived by him, taking into account the respective circumstances, without delay and in full, including a specific description of the lack of conformity/defect, so that the tour operator is able to remedy the lack of conformity on site – insofar as this is possible or expedient in the individual case – taking into account the respective circumstances (e.g. time difference, impossibility of making contact on an expedition trip, availability of an alternative or of a possibility of exchange/improvement, etc.) and any effort this may involve (e.g. cleaning a replacement room, finding a replacement hotel). If a lack of conformity occurs during the usual business hours of the travel agent/intermediary through which the package was booked, the traveller must report the lack of conformity to the latter. The traveller is advised to use written form when doing so, in particular for reasons of proof. Outside the usual business hours, the traveller must report any lack of conformity to the tour operator's local representative or, if there is no such representative and/or one is not contractually owed, directly to the tour operator at the emergency number communicated in the package travel contract. Failure to report a lack of conformity will, where a remedy on site would have been possible and a report would also have been reasonable, have an effect on any warranty claims of the traveller. In accordance with § 12 Abs 2 PRG, failure to report may also be taken into account as contributory negligence (§ 1304 ABGB) with regard to claims for damages. A report of a lack of conformity does not in itself constitute a commitment to perform on the part of the tour operator.

3.8.

The traveller is obliged to pay the fees agreed within the framework of the contract concluded in accordance with the payment terms, on time and in full. The traveller shall indemnify the travel agent/intermediary for the damage incurred by the travel agent/intermediary in the event of non-payment (advance payments made by the travel agent/intermediary).

3.9.

In the event of asserting and receiving payments from claims for damages or price reduction within the meaning of § 12 Abs 5 PRG (e.g. compensation pursuant to Art 7 of the Air Passenger Rights Regulation) or in the event of receiving other payments and services from service providers or third parties which are to be offset against the traveller's claims for damages or price reduction against the tour operator (e.g. payments by the hotel), the traveller must inform the travel agent/intermediary or tour operator of this fact completely and truthfully.

4. Insurance

4.1.

In principle, it should be borne in mind on holiday trips that no valuable items, important documents, etc. should be taken along. In the case of important documents, it is recommended to make and use copies – insofar as their use is permitted. The theft of valuables cannot be ruled out and, as the materialisation of the general risk of life, must in principle be borne by the traveller himself.

4.2.

It is recommended to take out insurance (travel cancellation insurance, trip interruption insurance, travel baggage insurance, travel liability insurance, travel health insurance abroad, delay protection, personal protection, etc.) which guarantees sufficient cover from the date of the package travel contract until the end of the package. The traveller can read more detailed information on insurance in the tour operator's catalogue.

5. Package travel contract

5.1.

When concluding a package travel contract, or without undue delay thereafter, the traveller receives a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, e-mail). If the package travel contract is concluded in the simultaneous physical presence of the contracting parties, the traveller is entitled to a paper copy. In the case of off-premises contracts within the meaning of § 3 Z 1 FAGG, the traveller agrees that the copy or confirmation of the package travel contract may alternatively be provided on another durable medium (e.g. e-mail).

5.2.

Unless otherwise agreed, the traveller will be provided, in good time before the start of the package, at the delivery/contact address last notified by him, with the booking documents, vouchers, transport tickets and admission tickets, and information on the scheduled times of departure and, where applicable, on scheduled intermediate stops, transport connections and times of arrival. Should the documents just mentioned contain inaccuracies/discrepancies/incompleteness within the meaning of 3.5., the traveller must contact the travel agent/intermediary or tour operator (cf. 3.5.).

6. Price changes before the start of the trip

6.1.

The travel agent/intermediary informs the traveller, at the address last notified by him, clearly, comprehensibly and prominently on a durable medium (e.g. paper, e-mail) of price changes within the meaning of § 8 PRG which the tour operator has reserved in the package travel contract, no later than 20 days before the start of the package, stating the reasons for the price change.

7. Changes to the services before the start of the trip

7.1.

The travel agent/intermediary informs the traveller, at the address last notified by him, clearly, comprehensibly and prominently on a durable medium (e.g. paper, e-mail) of insignificant changes to the content of the package travel contract which the tour operator has reserved in the package travel contract and which it makes unilaterally in accordance with § 9 Abs 1 PRG.

7.2.

Insignificant changes are – whereby this must be examined in each individual case – minor, objectively justified changes which do not substantially alter the character and/or the duration and/or the content of the services and/or the quality of the booked package.

7.3.

Significant changes may involve a significant reduction in the quality or value of travel services which the tour operator is forced to make, if the changes concern main characteristics of the travel services and/or have an impact on the package and/or the handling of the trip. Whether a change or reduction in the quality or value of travel services is significant must be assessed in each individual case, taking into account the type, duration, purpose and price of the package as well as the intensity, duration and causation of the change and, where applicable, the culpability of the circumstances that led to the change.

7.4.

If, in accordance with § 9 Abs 2 PRG, the tour operator is forced to make significant changes, in the sense set out above, to those main characteristics of the travel services which define the character and purpose of the package (cf. § 4 Abs 1 Z 1 PRG), or if it cannot fulfil the customer's requirements which were expressly confirmed by the tour operator, or if it increases the total price of the package in accordance with the provisions of § 8 PRG by more than 8 %, the traveller may

within a reasonable period set by the tour operator, accept the proposed changes, or
agree to participate in a substitute trip, if one is offered by the tour operator, or
withdraw from the contract without paying compensation.

In the cases just mentioned, the travel agent/intermediary will therefore inform the traveller of the following points, at the address last notified by him, clearly, comprehensibly and prominently on a durable medium (e.g. paper, e-mail):

the changes to the travel services and, where applicable, their impact on the price of the package
the reasonable period within which the traveller must inform the tour operator of his decision, and the legal effect of failing to make a declaration within the reasonable period,
where applicable, the substitute package offered and its price.

The traveller is advised to make his declaration in writing. If the traveller does not make a declaration within the period, this is deemed to constitute acceptance of the changes.

8. Liability

8.1.

Within the scope of § 17 PRG, the travel agent/intermediary is liable for booking errors (e.g. typing errors), unless these are attributable to mistaken, erroneous or incomplete information provided by the traveller or to unavoidable and extraordinary circumstances within the meaning of § 2 Abs 12 PRG.

8.2.

The travel agent/intermediary is not liable for damage to property or financial loss suffered by the traveller in connection with the booking, insofar as this is attributable to unavoidable and extraordinary circumstances within the meaning of § 2 Abs 12 PRG.

8.3.

The travel agent/intermediary is not liable for the performance of the service arranged by it, or for the performance of a service which was not arranged by it or which it did not undertake to arrange for the traveller, or for additional services booked locally by the traveller himself after the start of the trip.

If, when arranging linked travel arrangements, the travel agent/intermediary fails to comply with its information obligations or obligations regarding insolvency protection within the meaning of § 15 Abs 2 PRG, it is liable in accordance with the provisions of §§ 7 and 10 and of Section 4 of the PRG, which otherwise apply only to package travel.

8.4.

If the travel agent/intermediary arranges a package of a tour operator established outside the EEA, it must provide evidence that the tour operator complies with the obligations set out in Section 4 of the PRG (provision of the agreed services, warranty, damages, duty to provide assistance). If this is not the case, the travel agent/intermediary is liable for compliance with the said obligations in accordance with § 16 PRG.

9. Fees of the travel agent/intermediary

The travel agent/intermediary is entitled to a reasonable fee for its activities.

9.1.

Consultation fee: If, at the traveller's request, the travel agent/intermediary prepares an individually elaborated travel proposal, it is entitled to a fee (consultation fee) of 50 euros per travel offer and per interested party. The consultation fee must be paid before work on the proposal begins. If a booking is made through the travel agent/intermediary on the basis of the travel offer, the consultation fee will be credited against the travel price. No consultation fee is charged for booking advertised group and package tours, unless additional individual work (e.g. obtaining various flight offers) is requested.

9.2.

Booking fee: If services (e.g. a package, flight or hotel) are booked through the travel agent/intermediary with the respective tour operator or service provider on the basis of the arranged travel offer, no fee (booking fee) is charged.

9.3.

The arranging service of the travel agent/intermediary is completed as soon as a contract has been concluded between the traveller and the tour operator (e.g. in the case of package travel) or service provider (e.g. in the case of individual travel services such as flight-only) whose services were arranged.

If the traveller uses the travel agent/intermediary for further services going beyond the arranging service just described, the following fees are charged depending on the order and its scope:

9.4.

Rebooking fee: If the traveller instructs the travel agent/intermediary to make changes to arranged services (e.g. rebooking to a different flight) which do not originate from incorrect or incomplete information provided by the traveller, the travel agent/intermediary is entitled to a fee of 50 euros per transaction and per traveller.

9.5.

Cancellation processing fee: If the traveller instructs the travel agent/intermediary to cancel an arranged service, and the cancellation does not originate from incorrect or incomplete information provided by the traveller, the travel agent/intermediary is entitled to a fee of 50 euros per cancellation.

9.6.

Processing fee for assistance in remedying deviations in performance in the case of arranged individual travel services or "irregularities in performance" on the part of service providers whose services were arranged: If, in the case of arranged individual travel services, there are deviations from the originally agreed content of the contract (e.g. cancellation of the flight, change of the place of departure), the service provider whose service was arranged is in principle obliged to provide a remedy (e.g. where the Air Passenger Rights Regulation applies, the airline must offer the traveller re-routing in the event of a cancellation).

If the service provider whose service was arranged does not fulfil its legal obligations, or does so only insufficiently, and the traveller, by way of self-remedy, instructs the travel agent/intermediary to remedy the deviation (e.g. by searching for and subsequently arranging suitable alternative flights), the travel agent/intermediary is entitled to the following fee per transaction and per traveller for this additional activity and effort going beyond the original arranging service: 50 euros.

10. Service of documents - electronic correspondence

10.1.

The address last notified to the travel agent/intermediary (e.g. e-mail address) is deemed to be the traveller's delivery/contact address. The traveller must notify any changes without delay. The traveller is advised to do so in writing.

B. General Terms and Conditions for Tour Operators of Package Travel within the meaning of the Package Travel Act

1. Scope of application and definitions

1.1.

A tour operator is a trader who, either directly or through another trader or together with another trader, combines and sells or offers for sale packages (within the meaning of § 2 Abs 2 PRG) (cf. § 2 Abs 7 PRG). The tour operator provides its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV), with the diligence of a prudent businessperson.

A trader is any natural or legal person who has the status of a business (Unternehmer) within the meaning of § 1 KSchG (cf. § 2 Abs 9 PRG).

In the following, tour operator means the company Silvertip Tours GmbH.

1.2.

These General Terms and Conditions are deemed to have been agreed if they were provided to the traveller, or the traveller was able to inspect their content, before the traveller is bound by a contractual declaration to a contract. They supplement the package travel contract concluded with the traveller. If the traveller books for third parties (fellow travellers), he thereby confirms that he has been authorised by these third parties to obtain an offer for them, to agree to the general terms and conditions on their behalf and to conclude a package travel contract for them. The traveller who makes a booking for himself or for third parties is thereby deemed to be the principal and, unless otherwise agreed, assumes – by analogy within the meaning of § 7 Abs 2 PRG – the obligations arising from the contract with the tour operator (payments, withdrawal from the contract, etc.).

1.3.

A traveller is any person who intends to conclude a contract subject to the provisions of the Package Travel Act (e.g. a package travel contract) or who is entitled to use travel services on the basis of such a contract.

1.4.

The tour operator's catalogue and homepage serve merely as advertising material. The packages and other services presented therein do not constitute offers (cf. 2.2.).

1.5.

A package travel contract is the contract concluded between the tour operator and the traveller for a package.

1.6.

The travel price is the amount payable by the traveller as stated in the package travel contract.

1.7.

By analogy with Art 2 lit a of Regulation 1107/2006 (rights of disabled persons and persons with reduced mobility when travelling by air), a person with reduced mobility is a person with a physical disability (sensory or locomotor, permanent or temporary) which restricts the use of components of the package (e.g. use of a means of transport, of accommodation) and which requires the services to be agreed to be adapted to the particular needs of that person.

1.8.

Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/situations beyond the sphere/control of the party invoking them, the consequences of which could not have been avoided even if all reasonable measures had been taken (e.g. warfare, serious impairments of security such as terrorism, outbreaks of serious disease, natural disasters, weather conditions preventing safe travel, etc.) (cf. § 2 Abs 12 PRG).

1.9.

The Package Travel Act and these general terms and conditions do not apply to package travel contracts concluded on the basis of a general agreement for the arrangement of business travel (e.g. a framework contract) between two traders.

2. Duties of the tour operator

2.1.

On the basis of the information provided by the traveller, the tour operator prepares travel proposals for the traveller. These are non-binding and therefore do not yet constitute offers within the meaning of § 4 PRG. If no travel proposals can be prepared on the basis of the traveller's information (no variants, no services, etc.), the tour operator will inform the traveller accordingly. The travel proposals are based on the information provided by the traveller, which is why incorrect and/or incomplete information provided by the traveller may – in the absence of clarification by the traveller – form the basis of the travel proposals. When preparing travel proposals, parameters such as (without claim to completeness) the level of the price, the specialist expertise of the service provider, discounts, the best-price principle and much more may be used, where applicable.

2.2.

If the traveller has a specific interest in one of the travel proposals submitted to him by the tour operator, the tour operator will prepare a travel offer on the basis of the travel proposal in accordance with the requirements of § 4 PRG, insofar as these are relevant to the trip. The travel offer prepared by the tour operator binds the tour operator. Changes to the pre-contractual information contained in the travel offer due to price or service changes are possible, provided that the tour operator has reserved this right in the travel offer, informs the traveller clearly, comprehensibly and prominently of the changes before the conclusion of the package travel contract, and the changes are made by mutual agreement between the traveller and the tour operator (cf. § 5 Abs 1 PRG). A contract between the tour operator and the traveller is concluded when the travel offer is accepted by the traveller (= contractual declaration of the traveller).

2.3.

The tour operator advises and informs the traveller on the basis of the information communicated by the traveller to the tour operator. To the best of its knowledge, the tour operator presents the package requested by the traveller, taking into account the conditions customary in the respective country/place of destination and taking into account any special features that may be associated with the package (e.g. expedition trips). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the traveller, etc.), unless, depending on the type of package, there are circumstances requiring separate clarification or unless clarification of circumstances is necessary for the provision and the course or performance of the services to be agreed. As a matter of principle, it must be taken into account that the traveller consciously chooses a different environment and that the standard, the facilities, the food (in particular spices) and hygiene are oriented towards the regional standards/criteria customary in the respective country/place of destination. In addition, the traveller generally has the opportunity to read more detailed information on the local conditions, in particular with regard to the location, place and standard (local customary standards) of the services to be agreed, in the catalogue or on the website of the tour operator.

2.4.

In accordance with § 4 PRG, the tour operator informs the traveller, before the traveller is bound by a contractual declaration to a package travel contract:

2.4.1.

2.4.2.

About the information listed in § 4 Abs 1 PRG, insofar as this is relevant to the package to be agreed and necessary for its performance and the provision of services (e.g. in the case of a pure beach holiday, no information on sightseeing as in the case of study trips etc. is required, unless such sightseeing is part of the agreed services). In addition, this information can generally – if available – be viewed in the catalogue or on the homepage of the respective tour operator.

2.4.3.

Whether the package to be agreed is generally suitable for persons with reduced mobility (cf. 1.7.), insofar as this information is relevant to the package concerned (§ 4 Abs 1 Z 1 lit h PRG).

2.4.4.

About general passport and visa requirements of the country of destination, including the approximate periods for obtaining visas and for completing health formalities (§ 4 Abs 1 Z 6 PRG), insofar as this information is relevant to the package concerned. On request, the tour operator provides information on foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities and foreign exchange and customs regulations can be obtained by travellers with Austrian citizenship by selecting the desired country of destination at https://www.bmeia.gv.at/reise-services/laender-a-bis-z - or by EU citizens from their respective representative authorities. It is assumed to be known that a valid passport (e.g. not expired, not reported as stolen or lost, etc.) is generally required for travel abroad, and the traveller is personally responsible for its validity. The traveller is personally responsible for complying with the health formalities communicated to him. The traveller is personally responsible for obtaining any necessary visa, unless the tour operator or travel agent/intermediary has agreed to procure it.

2.5.

In accordance with Art 11 of Regulation 2111/05, the tour operator informs the traveller of the identity of the operating air carrier, provided that this is already known at the time the contract is concluded. If the operating air carrier is not yet known at the time the contract is concluded, the tour operator informs the traveller of the air carrier likely to operate the flight. As soon as the operating air carrier is known, or if the operating air carrier changes after booking, the traveller will be informed as quickly as possible.

2.6.

The acceptance of customer wishes by the tour operator merely constitutes an undertaking to use its best endeavours to forward them to the specific service provider or to clarify whether they can be fulfilled, and is not a legally binding commitment as long as it has not been confirmed by the tour operator.

2.7.

If the traveller does not book directly with the tour operator (e.g. by visiting the branch, enquiring by telephone or e-mail, etc.) but through a travel agent/intermediary, the provisions pursuant to point 2. of these GTC apply to the latter.

3. Powers of the travel agent/intermediary and services booked locally

3.1.

Travel agents/intermediaries are not authorised by the tour operator to make deviating agreements, to give information or to make assurances which alter the agreed content of the package travel contract, go beyond the services contractually promised by the tour operator or contradict the travel offer. Travel catalogues and internet advertisements not issued by the tour operator are not binding on the tour operator and its obligation to perform, unless they have been made the subject of the travel offer or the content of the tour operator's obligation to perform by express agreement between the tour operator and the traveller.

3.2.

Services booked locally with third-party service providers that are distinct from the tour operator or not attributable to the tour operator are not binding on the tour operator and its obligation to perform and are not attributed to it, unless these services have been expressly confirmed/authorised by the tour operator (cf. also 19.5.).

4. Traveller's duty to provide information and to cooperate

4.1.

The traveller must communicate to the tour operator – where applicable with the assistance of a travel agent/intermediary, if the booking was made through one – all personal information (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/carrying of medicines, prostheses, animals, etc.) that is necessary and relevant for the package in good time, completely and truthfully. The traveller must inform the tour operator of all circumstances relating to his person or to fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.) and of his particular needs or those of his fellow travellers, in particular of any existing reduced mobility or the state of health and other limitations which may be relevant for the preparation of travel offers or for the execution or performance of a package with the services to be agreed (e.g. in the case of hiking trips, etc.), if necessary by providing complete qualified evidence (e.g. a medical certificate).

4.2.

Where there is reduced mobility or other limitations or particular needs within the meaning of point 4.1. (e.g. the need for special medication, regular medical treatment, etc.) which appear likely to impair the performance of the trip, the traveller is advised to consult a doctor before booking to establish whether the necessary fitness to travel is given.

4.3.

If a reduction in the traveller's mobility occurs only in the period between conclusion of the contract and the start of the package, or if other limitations within the meaning of 4.1. arise during this period, the traveller must notify the tour operator of this without delay – written form being recommended for reasons of proof – so that the latter can decide whether the traveller can continue to participate in the package without endangering himself or fellow travellers, or whether it is entitled to exclude the traveller and withdraw from the contract. If the traveller does not comply with his duty to provide information completely or in good time and the tour operator declares its withdrawal from the contract, the tour operator is entitled to compensation in accordance with the cancellation fees.

4.4.

The traveller who makes a booking for himself or for third parties (fellow travellers) is deemed to be the principal and, unless otherwise agreed, assumes – by analogy within the meaning of § 7 Abs 2 PRG – the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the principal is entitled to declare withdrawal from the contract, etc.) (cf. 1.2.).

4.5.

The traveller is obliged to check all contractual documents transmitted by the tour operator (e.g. package travel contract, booking confirmation, vouchers) for factual correctness with respect to his information/data and for any discrepancies (typing errors; e.g. names, date of birth) as well as for incompleteness, and in the event of inaccuracies/discrepancies/incompleteness to notify the tour operator of these without delay for correction – written form being recommended for reasons of proof.

4.6.

Where it is impossible to ensure the traveller's return as agreed in the contract because of unavoidable and extraordinary circumstances, the tour operator bears the costs of necessary accommodation for a period not exceeding three nights. This does not apply to travellers with reduced mobility (pursuant to Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air) and their accompanying persons, pregnant travellers, unaccompanied minor travellers and travellers in need of specific medical assistance, provided that the said persons notify the tour operator 48 hours before the start of the trip of their particular needs which did not yet exist at the time of booking or of which they need not yet have been aware (cf. 4.3.).

4.7.

In accordance with § 11 Abs 2 PRG, the traveller must report any lack of conformity of the agreed travel services perceived by him without delay and in full, including a specific description of the lack of conformity/defect, so that the tour operator is able to remedy the lack of conformity on site – insofar as this is possible or expedient in the individual case – taking into account the respective circumstances (e.g. time difference, impossibility of making contact on an expedition trip, availability of an alternative or of a possibility of exchange/improvement, etc.) and any effort this may involve (e.g. cleaning a replacement room, finding a replacement hotel, etc.). If the traveller books through a travel agent/intermediary and a lack of conformity occurs during the business hours of the travel agent/intermediary, the traveller must report the lack of conformity to the latter. The traveller is advised to use written form when doing so, in particular for reasons of proof. Outside the usual business hours, the traveller must report any lack of conformity to the tour operator's local representative or, if there is no such representative and/or one is not contractually owed, directly to the tour operator at the emergency number communicated in the package travel contract. Failure to report a lack of conformity will, where a remedy on site would have been possible and a report would also have been reasonable, have an effect on any warranty claims of the traveller. In accordance with § 12 Abs 2 PRG, failure to report may also be taken into account as contributory negligence (§ 1304 ABGB) with regard to claims for damages. A report of a lack of conformity does not in itself constitute a commitment to perform on the part of the tour operator.

4.8.

The traveller is obliged to pay the travel price agreed within the framework of the package travel contract concluded in accordance with the payment terms, on time and in full. If the deposit or the balance is not paid on time or in full, the tour operator reserves the right, after a reminder setting a grace period, to declare its withdrawal from the contract and, irrespective of the cancellation fee incurred, to claim any damages exceeding it.

4.9.

4.10.

Where a lack of conformity occurs, the traveller is in principle under a duty to mitigate damage (§ 1304 ABGB).

5. Insurance

5.1.

5.2.

6. Booking/conclusion of contract/deposit

6.1.

The package travel contract is concluded between the traveller and the tour operator when there is agreement on the essential elements of the contract (price, service and date) and the traveller accepts the tour operator's offer. This gives rise to rights and obligations for the tour operator and for the traveller.

6.2.

Unless otherwise agreed, the traveller must transfer a deposit of 20% of the travel price to the account stated in the package travel contract (or to the account notified by the travel agent/intermediary) within 3 days of receipt of the package travel contract, but no earlier than 11 months before the end of the package.

6.3.

If the contract is concluded within 20 days before departure, the entire travel price must be transferred immediately upon receipt of the package travel contract to the account stated therein (or to the account notified by the travel agent/intermediary).

6.4.

If the traveller does not meet his payment obligations pursuant to 6.2. or 6.3., the tour operator reserves the right, after a reminder setting a deadline, to declare its withdrawal from the contract and to claim damages in accordance with the cancellation fees.

7. Persons with reduced mobility

7.1.

Whether a package is specifically suitable for persons with reduced mobility must be clarified in each individual case, taking into account the type and extent of the reduced mobility, the character of the package (e.g. adventure trip, study trip, city trip, etc.), the country/place of destination, the means of transport (e.g. bus, aircraft, ship, etc.) and the accommodation (e.g. hotel, alpine hut, tent, etc.). Persons with reduced mobility must therefore enquire with the tour operator whether the desired package is suitable for them in the specific case. The suitability of a package in the specific case for persons with reduced mobility does not mean that all services included in the package travel contract can be used without restriction by the person with reduced mobility (for example, a hotel complex may have suitable rooms and other areas for persons with reduced mobility. However, this does not mean that the entire complex (e.g. use of the pool, etc.) is suitable for persons with reduced mobility). If this is the case and the person with reduced mobility books the package, the tour operator keeps a handicap protocol. This forms the basis of the package travel contract to be concluded.

7.2.

The tour operator may refuse the booking of a package by a person with reduced mobility if the tour operator and/or one of its vicarious agents (e.g. hotel, airline, etc.), after careful assessment of the traveller's specific requirements and needs, come to the conclusion that the traveller cannot be transported/accommodated safely and in compliance with the safety regulations, or reach the view that the specific package is not suitable for the traveller.

7.3.

The tour operator and/or one of its vicarious agents (e.g. airline, hotel, etc.) reserves the right to refuse the transport/accommodation of a traveller who has failed to notify the tour operator sufficiently of his reduced mobility and/or particular needs in accordance with 4.1. and/or 4.3. of the GTC, so as to enable the tour operator and/or the vicarious agent to assess the possibility of safe and organisationally practicable transport/accommodation.

7.4.

The tour operator reserves the right, for safety reasons, to refuse participation in the package to travellers who, in the opinion of the tour operator and/or one of its vicarious agents (e.g. airline, hotel, etc.), are not fit to travel or are not suitable for the package due to the itinerary, the travel destination, etc., or who pose a danger to themselves or others during the package.

8. Package travel contract

8.1.

8.2.

Unless otherwise agreed, the traveller will be provided, in good time before the start of the package, at the delivery/contact address last notified by him, with the booking documents, vouchers, transport tickets and admission tickets, and information on the scheduled times of departure and, where applicable, on scheduled intermediate stops, transport connections and times of arrival. Should the documents just mentioned contain inaccuracies/discrepancies/incompleteness within the meaning of 4.5., the traveller must contact the travel agent/intermediary or tour operator (cf. 4.5.).

9. Substitute person

9.1.

In accordance with § 7 PRG, the traveller has the right to transfer the package travel contract to another person who satisfies all the conditions applicable to the contract and is also suitable for the package (criteria may be, for example, gender, the (non-)existence of a pregnancy, state of health, required vaccinations/sufficient vaccination protection, special knowledge and skills, visas, valid entry documents, the absence of an entry ban, etc.). If the other person does not satisfy all the conditions of the contract or is not suitable for the package, the tour operator may object to the transfer of the contract. The tour operator must be informed of the transfer of the contract on a durable medium (e.g. paper, e-mail) within a reasonable period of 20 days, but no later than seven days before the start of the trip.

9.2.

Many airlines or other carriers or service providers treat changes to the travel date or to the traveller's name as cancellations and charge for them accordingly. Any additional costs incurred as a result will be charged to the traveller (by analogy with § 7 Abs 2 PRG).

10. Price changes before the start of the trip

10.1.

In the package travel contract, the tour operator reserves the right to make price changes after the conclusion of the package travel contract until no later than 20 days before the start of the package. The tour operator will inform the traveller, at the address last notified by him, clearly, comprehensibly and prominently on a durable medium (e.g. paper, e-mail) of the price increase (including the calculation), stating the reasons, no later than 20 days before the start of the package.

10.2.

Price changes are permissible if the following costs change after conclusion of the contract:

the cost of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of taxes or fees on the travel services included in the contract, such as tourist taxes, landing taxes, embarkation or disembarkation fees at ports, corresponding fees at airports and fees for services in ports or airports;
the exchange rates relevant to the package.

Price changes may result in price increases or price reductions. With regard to 1), any change in the travel price corresponds to the amount additionally charged by the service provider for bus, rail or flight; with regard to 2), any change in the travel price corresponds to the full amount of the fees; with regard to 3), any change in the travel price corresponds to the change in the exchange rates.

In the event of price reductions, the amount of the price reduction will be refunded to the traveller. However, the tour operator may deduct actual administrative expenses from this amount. At the traveller's request, the tour operator will provide proof of these administrative expenses.

10.3.

In the case of an increase of more than 8 % of the travel price (within the meaning of § 8 PRG), 11.4. applies. The traveller has the choice of accepting the increase as an amendment to the contract, agreeing to participate in a substitute trip – if one is offered – or withdrawing from the contract without being obliged to pay a cancellation fee. Insurance premiums already paid cannot be refunded to the traveller.

11. Changes to the services before the start of the trip

11.1.

The tour operator may make insignificant changes to the services before the start of the trip, provided that it has reserved this right in the contract. The tour operator or, if the package was booked through one, the travel agent/intermediary informs the traveller clearly, comprehensibly and prominently on a durable medium (e.g. paper, e-mail) of the changes at the address last notified by him.

11.2.

11.3.

11.4.

If, in accordance with § 9 Abs 2 PRG, the tour operator is forced to make significant changes, in the sense set out above, to those main characteristics of the travel services which define the character and purpose of the package (cf. § 4 Abs 1 Z 1 PRG), or if it cannot fulfil the traveller's requirements which were expressly confirmed by the tour operator, or if it increases the total price of the package in accordance with the provisions of § 8 PRG by more than 8 %, the traveller may

within a reasonable period set by the tour operator, accept the proposed changes, or
agree to participate in a substitute trip, if one is offered by the tour operator, or
withdraw from the contract without paying compensation.

In the cases just mentioned, the tour operator will therefore inform the traveller of the following points, at the address last notified by him, clearly, comprehensibly and prominently on a durable medium (e.g. paper, e-mail):

the changes to the travel services and, where applicable, their impact on the price of the package
the reasonable period within which the traveller must inform the tour operator of his decision, and the legal effect of failing to make a declaration within the reasonable period,
where applicable, the substitute package offered and its price.

The traveller is advised to make his declaration in writing. If the traveller does not make a declaration within the period, this is deemed to constitute acceptance of the changes.

12. Itinerary/changes

12.1.

Owing, for example (without claim to completeness), to environmental and weather influences (e.g. rain, wind, avalanches, mudslides, etc.), natural disasters (e.g. earthquakes, floods, hurricanes, etc.), border closures, government orders, traffic jams, changes to flight times, terrorist attacks, power failures, opening hours changed at short notice, etc., it may be necessary to deviate from the advertised or contractually agreed route, to postpone or bring forward stages of the round trip, or to omit or change planned sightseeing. In these cases, the tour operator endeavours to offer equivalent alternatives or, where applicable, to make up for omitted parts elsewhere.

13. Warranty

13.1.

If there is a lack of conformity because an agreed travel service has not been performed or has been performed defectively (= not in conformity with the contract), the tour operator will remedy the lack of conformity, unless the traveller or his fellow travellers (e.g. family members) have caused it themselves and/or he has breached his duties to cooperate and/or the remedy is frustrated by the traveller and/or the remedy would be impossible or would entail disproportionate costs. The traveller must set the tour operator a reasonable period for remedying the lack of conformity, the reasonableness of the period being assessed in each individual case on the basis of the type/purpose/duration of the package, the lack of conformity reported, the time of the report (e.g. late in the evening, etc.) and the time resources required to procure a replacement, e.g. a property (moving, etc.). The period must be set vis-à-vis the tour operator's local representative or, if there is no such representative and/or one is not contractually owed, vis-à-vis the tour operator at the emergency number communicated in the package travel contract.

13.2.

If the traveller fails to comply with his duty to notify pursuant to point 4.7. or with his duties to cooperate (e.g. to look at a replacement room offered by the tour operator or to pack his suitcases for a change of room, etc.), or if he sets the tour operator an unreasonably short period for remedying the lack of conformity, or does not support the tour operator to a reasonable extent in remedying the lack of conformity, or refuses without legal grounds the substitute services offered by the tour operator to remedy the lack of conformity, the traveller must bear the adverse legal consequences (cf. point 4.7.).

13.3.

If the tour operator does not remedy the lack of conformity within the reasonable period, the traveller may do so himself and request reimbursement of the necessary expenses from the tour operator (cf. § 11 Abs 4 PRG). The principle of the duty to mitigate damage applies, i.e. the damage incurred (e.g. costs of substitute performance) must be kept as low as possible, based on the duration, value and purpose of the trip. In addition, the lack of conformity is to be considered objectively.

13.4.

If a significant proportion of the agreed travel services cannot be provided in accordance with the contract, the tour operator will offer the traveller, at no extra cost, insofar as this is possible in view of the circumstances and conditions (on site) (impossibility e.g. if there is only one hotel in the booked category), suitable alternative arrangements (substitute services) for the continuation of the package which, where possible, are of equivalent or higher quality than the contractually agreed services; the same applies if the traveller is not returned to the place of departure as agreed in the contract. If the alternative arrangements offered by the tour operator possibly result in a lower quality of the package compared with the contractually agreed services (e.g. half board instead of all-inclusive), the tour operator will grant the traveller an appropriate price reduction. The traveller may reject the proposed alternative arrangements only if they are not comparable with the services agreed in the package travel contract or if the price reduction granted is inadequate. In the event of rejection, the traveller must demonstrate that the alternative arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient.

13.5.

If the lack of conformity has significant effects within the meaning of point 11.3. on the performance of the package and the tour operator does not remedy the lack of conformity within a reasonable period set by the traveller that takes into account the circumstances and the lack of conformity (cf. 13.1.), the traveller may, provided that the continuation of the package cannot reasonably be expected of him, based on the standard of an average traveller, withdraw from the package travel contract without paying compensation and, where applicable, assert warranty claims and claims for damages pursuant to § 12 PRG. If the traveller withdraws from the package travel contract, he should be aware that this involves a certain risk, since both the significance of the effects of a lack of conformity and the reasonableness of continuing the trip must be assessed in the subjective individual case (by a judge) and the result of this assessment may differ from the traveller's perception. If no alternative arrangements pursuant to point 13.4. can be offered or if the traveller rejects the alternative arrangements offered pursuant to point 13.4., the traveller is entitled, where there is a lack of conformity, to warranty claims and claims for damages pursuant to § 12 PRG even without termination of the package travel contract. In the event of rejection, the traveller must demonstrate that the alternative arrangements offered by the tour operator are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient. If the package includes the carriage of passengers, the tour operator will, in the cases referred to in this paragraph, also provide for the traveller's repatriation without undue delay with equivalent transport at no extra cost to the traveller.

14. Withdrawal by the traveller without payment of a cancellation fee

14.1.

Before the start of the package, the traveller may withdraw from the package travel contract – without paying a cancellation fee – in the following cases:

14.1.1.

If unavoidable and extraordinary circumstances occur at the place of destination or its immediate vicinity – this being assessed in each individual case, taking into account the content of the contract and the reach of the relevant circumstance giving rise to the danger – which significantly affect, within the meaning of 11.3., the performance of the package or the carriage of passengers to the destination. If the traveller withdraws from the contract in these cases, he is entitled to a full refund of all payments made for the package, but not to additional compensation (cf. § 10 Abs 2 PRG).

14.1.2.

In the cases of point 11.4.

The withdrawal must be declared to the tour operator – written form being recommended for reasons of proof.

14.2.

After the start of the package, the traveller may withdraw from the package travel contract in the cases of point 13.5. – without paying a cancellation fee.

15. Withdrawal by the traveller with payment of a cancellation fee

15.1.

The traveller is entitled to withdraw from the contract at any time against payment of a cancellation fee (Entschädigungspauschale/Stornogebühr). The withdrawal must be declared to the tour operator – written form being recommended for reasons of proof. If the package was booked through a travel agent/intermediary, the withdrawal may also be declared to the latter. The traveller is advised to declare the withdrawal on a durable medium (e.g. paper, e-mail).

15.2.

The cancellation fee is expressed as a percentage of the travel price, and its amount depends on the time of the declaration of withdrawal and on the expected cost savings and income from alternative deployment of the travel services. If the cancellation fee is inappropriate, it may be reduced by the court.

15.3.

Depending on the type of package, the following cancellation fees apply per person:

In the event of cancellation by the traveller, the following cancellation fees are set:

up to 30 days before the start of the trip: 20%
from the 29th to the 20th day before the start of the trip: 25%
from the 19th to the 10th day before the start of the trip: 55%
from the 9th to the 4th day before the start of the trip: 75%
from the 3rd day before the start of the trip: 85%
in the event of no-show or cancellation on the same day: 100%

of the respective travel price, but at least € 50,- per person.

The day on which the declaration is received by Silvertip Tours GmbH is decisive for calculating the cancellation fee.

16. No-show

16.1.

A no-show occurs if the traveller fails to appear for departure because he lacks the will to travel, or if he misses the departure due to an act attributable to him or due to a chance event that has befallen him. If it is further established that the traveller can no longer or no longer wishes to use the remaining travel services, he must pay the following cancellation fee: 100% of the travel price.

17. Withdrawal by the tour operator before the start of the trip

17.1.

The tour operator may withdraw from the package travel contract before the start of the package if it is prevented from performing the contract because of unavoidable and extraordinary circumstances and its declaration of withdrawal reaches the traveller at the delivery/contact address last notified by him without undue delay, and at the latest before the start of the package (cf. § 10 Abs 3 lit b PRG).

17.2.

The tour operator may withdraw from the package travel contract before the start of the package if the number of persons enrolled for the package is smaller than the minimum number of participants stated in the contract and the tour operator's declaration of withdrawal reaches the traveller at the delivery/contact address last notified by him within the period fixed in the contract, but no later than:

a) 20 days before the start of the package in the case of trips lasting more than six days,

b) seven days before the start of the package in the case of trips lasting between two and six days,

c) 48 hours before the start of the package in the case of trips lasting less than two days

(cf. § 10 Abs 3 lit a PRG).

17.3.

If the tour operator withdraws from the package travel contract in accordance with 17.1. or 17.2., it refunds the travel price to the traveller but is not liable for additional compensation.

18. General risk of life of the traveller

18.1.

A package generally involves a change from one's usual environment. Any associated materialisation of the traveller's general risk of life, such as (without claim to completeness) stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid, sultry climate), digestive problems (e.g. due to unfamiliar spices, food, etc.) and/or the materialisation of a risk possibly associated with the trip, such as (without claim to completeness) earache on diving trips, altitude sickness on trips to high altitudes, seasickness on cruises and much more, falls within the traveller's sphere and is not attributable to the tour operator.

18.2.

If the traveller does not use services properly offered to him for the reasons mentioned above, or declares withdrawal from the contract for such a reason, he is not entitled to assert warranty claims or claims for reimbursement for unused parts of travel services.

19. Liability

19.1.

If the tour operator or service providers attributable to it culpably breach the obligations incumbent on the tour operator under the contractual relationship with the traveller, the tour operator is obliged to compensate the traveller for the resulting damage.

19.2.

The tour operator is not liable for personal injury, damage to property or financial loss suffered by the traveller in connection with booked services, insofar as these

19.2.1.

constitute a materialisation of the traveller's general risk of life or of a general risk possibly associated with the package that falls within the traveller's sphere (cf. 18.)

19.2.2.

are attributable to the fault of the traveller;

19.2.3.

are attributable to a third party unconnected with the provision of the travel services included in the package travel contract, and the lack of conformity was neither foreseeable nor avoidable; or

19.2.4.

are due to unavoidable and extraordinary circumstances.

19.3.

In the case of trips involving special risks (e.g. of an expedition character), the tour operator is not liable for the consequences arising from the materialisation of those risks if this occurs outside its area of responsibility. This does not affect the tour operator's obligation to prepare the package carefully and to select carefully the persons and undertakings entrusted with the provision of the individual travel services.

19.4.

The traveller must comply with laws and regulations, instructions and orders of the staff on site, as well as rules and prohibitions (e.g. bathing ban, diving ban, etc.). In the event of non-compliance by the traveller, the tour operator is not liable for any resulting personal injury or damage to property of the traveller or personal injury or damage to property of third parties.

19.5.

The tour operator is not liable for the performance of a service which it has not promised, or which the traveller has additionally booked himself locally after the start of the trip with third parties or with service providers not attributable to the tour operator.

19.6.

The traveller is advised not to take items of special value with him. It is further recommended to store or insure the items taken along properly (cf. 5.1.).

19.7.

Insofar as the Montreal Convention on International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention on Carriage by Sea 1974 or the Convention concerning International Carriage by Rail 1980 as amended in 1999 limit the extent of compensation or the conditions under which compensation is to be paid by a provider of a travel service included in a package travel contract, these limitations also apply to the tour operator (cf. § 12 Abs 4 PRG).

20. Assertion of claims

20.1.

In order to facilitate the assertion and verification of alleged claims, the traveller is advised to obtain written confirmation of the non-performance or defective performance of services and/or to secure receipts, evidence and witness statements.

20.2.

Warranty claims may be asserted within 2 years. Claims for damages become time-barred after 3 years.

20.3.

In the traveller's interest, it is advisable to assert claims, completely and with specific details, directly with the tour operator or through the travel agent/intermediary without delay after returning from the package, since difficulties of proof are to be expected with increasing delay.

21. Service of documents - electronic correspondence

21.1.

The address last notified to the tour operator (e.g. e-mail address) is deemed to be the traveller's delivery/contact address. The traveller must notify any changes without delay. The traveller is advised to do so in writing.

22. Provision of information to third parties

22.1.

Information about the names of tour participants and the whereabouts of travellers will not be given to third parties, even in urgent cases, unless the traveller has expressly requested that such information be given and the authorised person is named at the time of booking. The costs incurred by the transmission of urgent messages are borne by the traveller. Travellers are therefore advised to give their relatives their exact holiday address.

Information on package travel insurance pursuant to the Package Travel Directive (EU) 2015/2302

Tour operator: SILVERTIP TOURS GMBH, registration number 2015/0010 in the register of tour operators of the Federal Ministry of Economy, Family and Youth.

Pursuant to the Package Travel Directive (EU) 2015/2302, customer monies for packages of the tour operator SILVERTIP TOURS GMBH are protected.

For the above-mentioned person authorised to provide travel services, the insurer ensures vis-à-vis the travellers that it will refund

the payments already made (deposits and balance payments), insofar as, as a result of the insolvency of the person authorised to provide travel services, the travel services are not provided in whole or in part or the service provider demands payment for them from the traveller,
the necessary expenses for repatriation and, if required, the costs of accommodation prior to repatriation, incurred as a result of the insolvency of the tour operator or – where responsible for the carriage of passengers – of the trader facilitating linked travel arrangements, and
where applicable, the necessary costs for continuing the package or the arranged linked travel arrangement.

The guarantor or insurer is Europäische Reiseversicherung AG, Kratochwjlestraße 4, 1220 Wien.

All claims must, on pain of forfeiture, be registered within 8 weeks of the occurrence of an insolvency with the claims handler:

Europäische Reiseversicherung AG
Kratochwjlestraße 4
1220 Wien

– registration to be made there.

From 2027: All claims must, on pain of forfeiture, be registered within 8 weeks of the occurrence of an insolvency with the claims handler, Redion SA – Niederlassung Österreich, Dr.-Adolf-Schärf-Platz 10, 1220 Wien, Tel. 01 317 25 00, e-mail: prv.at@redion.com.

Authorisation to provide travel services

Details of the authorisation of Silvertip Tours GmbH to provide travel services can be found on the website https://www.gisa.gv.at/abfrage under GISA number 21324567.

Data Protection Agreement (GDPR (DSGVO)) – Privacy Policy of Silvertip Tours GmbH

1. Principles

This privacy policy concerns all persons who use the services of Silvertip Tours GmbH. It informs you about the nature, scope and purpose of the collection and use of your personal data by our company. We respect your privacy and strive to comply precisely with the statutory requirements for the processing of your personal data (General Data Protection Regulation (EU) 2016/679 (GDPR), Data Protection Act (DSG) and Telecommunications Act 2021 (TKG 2021)). All your personal data are processed on this basis.

The controller responsible for data processing is Anne Schmidt (Silvertip Tours GmbH, Tel: 0512-209071).

Our data protection coordinator is Anne Schmidt. Our data protection officer is Anne Schmidt.

By using our services and giving consent within the meaning of this policy, you confirm that you have reached the age of 14 and are able to give valid consent, or that effective consent has already been given by your legal guardian or your legal representative or adult representative.

2. Information pursuant to Art 13 GDPR

Your personal data, which include in particular

your master data (surname, first name, address, e-mail address, telephone number),
the data in travel documents (passport number, passport data, date of birth, issuing authority, period of validity),
the data on the method of payment and in connection with payments, in particular with debit cards, credit cards and bank cards,
the destinations, hotels, length of stay, contact persons, conditions, special services, health data, frequent flyer number, and
special categories of data such as health data as well as data on special needs and on marriage/partnership,

are required for our services. These include in particular bookings of trips, tour guides, hotels, catering, rental vehicles, transfers, registration handling, insurance, events, tours, accreditations, vouchers including customer account creation, invoicing and its verification (B2B, B2C, FIT), ticket bookings, and hotel purchasing.

These data are therefore stored and processed by us for these purposes and, where necessary, transmitted to third parties – including service providers in third countries acting as processors for travel bookings, software and agency services.

We do not use profiling or automated decision-making.

The legal bases for these data processing operations are:

the performance of our pre-contractual and contractual obligations towards you,
consents obtained from you,
statutory, contractual or other legal obligations on our part (e.g. documentation rights and obligations under accounting, tax and customs law, contract management, registration requirements, legal disputes) as well as § 165 TKG 2021 and
our legitimate interests (e.g. improving our customer service, including in the area of direct marketing, or safeguarding our own legal interests).

The duration of storage is determined by the duration of our business relationship and, beyond that, by the statutory retention obligations applicable to us. We emphasise that, in the case of regular cooperation, we strive, for the best possible customer service, to know the customer preferences you have already communicated to us so well that we can satisfy you continuously and permanently.

3. Our websites

When you access our website, your access data are automatically collected and stored. These access data may include in particular the page accessed, the files viewed, the date and time of access, the user's IP address, data of the accessing computer, in particular of the browser and the operating system, as well as the amount of data and the notification of successful access. We use these access data for internal statistical purposes, to ensure the security of our offering and to optimise the offering. If an unlawful act is suspected, the access data will be evaluated to secure evidence.

By entering your personal data in one of our contact forms, you consent, for the duration of the handling of this specific enquiry, to their transmission to us and their storage and processing by us. This applies in particular to your enquiries via contact form, chat and e-mails that you send us. We need these data to process your enquiry and, in these cases, also store your IP address for the purpose of securing evidence. The data are stored for as long as this is necessary for handling any supplementary or subsequent questions raised by you or by us.

Your data are transmitted only via an encrypted internet connection (https). We accept no liability for the loss of data or for access by third parties to your data if we have complied with the security measures required by the state of the art.

The legal bases for these data processing operations are your consent, our pre-contractual and contractual obligations towards you, our legitimate interests and legal obligations of all kinds, and § 165 TKG 2021.

4. Newsletter

You are free to subscribe to our newsletter. The subscription, for which you must provide your e-mail address and give your consent to receive the newsletter, can only take effect once you confirm a subscription link that you receive by e-mail. In order to be able to provide you in the newsletter with targeted information of particular interest to you, we give you the option, when subscribing, of also providing details of certain interests, key dates, locations and regions and the like.

In every newsletter you receive, you will find all the information required to unsubscribe from the newsletter. For further information on our newsletters, please contact us at info@silvertip.at. We will be happy to help you.

The content of our website has been carefully prepared and checked several times; however, we accept no liability for the topicality, accuracy and completeness of the information provided. Claims for damages arising from the use or non-use of the information or from the use of incorrect or incomplete information are excluded. All offers are subject to change and non-binding. We reserve the right to change, supplement or delete the offering or parts thereof without separate notice, or to discontinue publication of the website temporarily or permanently.

The content and programming of our website are protected by copyright and related rights. Any reproduction – including in part – and public communication, in particular the copying of texts, graphics and photos, is prohibited without our prior written consent.

5. Transmission to third parties / obligations of processors

Your personal data may be transmitted by us to third parties who must be involved in the provision of the services you request (e.g. booking operations of all kinds overseas). Should compliance with European data protection standards not be possible – for example because standard contractual clauses, adequacy decisions or certifications are not ensured in the specific case – we will inform you in good time and also obtain the necessary consents from you. For further information, please contact us at info@silvertip.at.

6. Cookies and tracking services

We use cookies, which are small text elements used to store information in web browsers. Cookies are recognised on your next visit to our website and contribute significantly to speeding up loading processes and making the use of our offerings convenient for you. Your information recognised and stored by cookies serves to recognise you, but also to analyse your user behaviour. It is stored on the server of the respective provider, which, as a processor, has undertaken towards us to comply with the applicable data protection standards.

We set cookies that are not strictly necessary for the operation of the website (e.g. for statistics and analysis) only with your prior consent in accordance with § 165 Abs 3 TKG 2021. You can withdraw your consent at any time with effect for the future.

After you have visited our website, cookies remain stored on your terminal device unless you refuse them from the outset or actively delete them. Actively deactivating cookies may impair the functionality of our websites for you. You can also prevent cookies from being stored by adjusting the settings of your browser software accordingly. However, we point out that in this case you may not be able to use all the functions of our website. In addition, you can prevent the transmission to Google of the data generated by the cookie and relating to your use of the website (including your IP address) and the processing of these data by Google by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout. However, the plug-in is only available for certain browser programs.

We also use third-party content on our website in order to make our internet presence as informative and convenient as possible for you. This includes, for example, Google Maps, RSS feeds or YouTube. For technical reasons, these third-party providers receive your IP address. We have no influence on the use of these data by the third-party provider. In this respect, we refer to the privacy policies of the respective providers.

Google Maps

To display maps and directions, we use Google Maps, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). When you open a page with an embedded map or follow a link to Google Maps, data such as your IP address is transmitted to Google; this may also involve a transfer to servers of Google LLC in the USA. The legal basis is your consent (Art 6(1)(a) GDPR) or our legitimate interest in presenting our offers attractively and making our office easy to find (Art 6(1)(f) GDPR). For further information, please see Google's privacy policy: https://policies.google.com/privacy

Google reCAPTCHA

To protect our contact and enquiry forms against spam and misuse, we use Google reCAPTCHA, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. reCAPTCHA checks whether an entry was made by a human or by an automated program. For this purpose, data including your IP address, information about your browser and device and your usage behaviour on the page is transmitted to Google; this may also involve a transfer to servers of Google LLC in the USA. reCAPTCHA is only loaded after you have given your consent in the form. The legal basis is your consent (Art 6(1)(a) GDPR), which you may withdraw at any time with effect for the future. Without consent, you can always reach us by phone or email. Further information: https://policies.google.com/privacy and https://policies.google.com/terms

We use Google Analytics, a web analytics service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics uses cookies and is activated only with your consent (Art 6 Abs 1 lit a GDPR, § 165 Abs 3 TKG 2021). The information generated by the cookie about your user behaviour may also be transferred to servers of Google LLC in the USA. Google LLC is certified under the EU-US Data Privacy Framework, for which an adequacy decision of the European Commission (Art 45 GDPR) exists. Your IP address is truncated before storage or is not stored permanently.

Google uses this information to evaluate your use of the website, to compile reports on website activity and to provide further services related to website use and internet use to the website operator. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. In this context, please also note Google's privacy policy, in particular the information available at the following two links:

7. Contact

You may at any time request information, free of charge, about your personal data stored by us. As a data subject, you also have the right to withdrawal, access, erasure, rectification, restriction and portability of your personal data, insofar as this does not conflict with a statutory retention obligation on our part.

We have issued internal guidelines setting out the criteria according to which correspondence, including e-mail correspondence, is to be retained or deleted. Unless these provide otherwise, all correspondence that is not subject to longer statutory retention periods is deleted 5 years after the last contact. This period results from the three-year limitation period for claims for damages (§ 1489 ABGB) plus a safety margin for damage that only becomes known with a delay.

For further information on your rights as a data subject, please contact us at:

Silvertip Tours GmbH
Grabenweg 68
6020 Innsbruck
Tel: 0043-512-209071
Mail: info@silvertip.at

We will be happy to help you.

The supervisory authority competent for complaints is the Austrian Data Protection Authority (Österreichische Datenschutzbehörde – DSB), Barichgasse 40-42, 1030 Wien.

8. Miscellaneous

We have implemented organisational and technical protective measures, which we continuously evaluate and adapt where necessary, in order to protect your personal data stored and processed by us.

We reserve the right to amend this privacy policy at any time and to adapt it to new developments. The new version applies from the time it is made available on our website. The current version of the privacy policy is available at any time on the website under Data Protection (Datenschutz), and our legal notice under Imprint (Impressum).