Owner: Kathrin König
Travel Agency and Yacht charter
H: +43 676 3713221
Member of the WKÖ, Specialist Group Vienna of leisure businesses
Division tourism and leisure industry
Professional Law: Trade Regulations: www.ris.bka.gv.at
District Commission Vienna
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GENERAL TERMS AND CONDITIONS (B2C) – Terms and Conditions for Tour Operators of Package Holidays in the context of the Package Travel Act; Yacht charter
1. Area of Application and Definitions
1.1 A tour operator is an entrepreneur who either directly or through another entrepreneur or together with another entrepreneur arranges package tours (as defined by § 2 Paragraph 2 PRG) and promises or offers them by contract. The tour operator provides its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG), as well as the Package Travel Ordinance (PRV), with the due care of an entrepreneur. An entrepreneur is any natural or legal person who is entitled to entrepreneurial status according to § 1 of the Consumer Protection Act (KSchG) (cf. § 2 para. 9 PRG).
The company “CheckSailing e. U.”, owned by Mrs. Kathrin König, Ilse-Arlt-Straße 4/58, 1220 Vienna, registered in the commercial register of the Vienna Commercial Court under the company register number FN 484121, is a tour operator, especially with regard to the arrangement of yacht holidays including accessories. The website of the tour operator is: www.checksailing.com.
1.2 The General Terms and Conditions of Business are deemed to have been agreed if they have been transmitted – before the traveller is bound to a contract by a contractual declaration – or if the traveller has been able to view their contents. They supplement the package 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 the general terms and conditions for them and to conclude a package tour contract for them. The traveller who makes a booking for himself or a third party is thus considered to be the client and, by analogy, assumes the obligations arising from the contract with a tour operator (payments, withdrawal from the contract, etc.) in the sense of § 7 Paragraph 2 PRG, unless otherwise agreed.
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 travel services under such a contract.
1.4 The catalogue and the homepage as well as advertising appearances of the tour operator – circumstances, in particular – serve as mere advertising material. The package tours and other services presented therein do not constitute offers.
1.5 A package contract is the contract concluded between the tour operator and the traveller for a package tour.
1.6 The travel price is understood to be the amount stated in the package tour contract and to be paid by the traveller.
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 locomotory, permanent or temporary) which limits the use of elements of the package (e.g. use of transport, accommodation) and requires adaptation of the services to be agreed to the specific needs of that person.
1.8 Unavoidable and exceptional or unforeseeable circumstances are incidents/events/events outside the sphere/control of the person invoking them, the consequences of which could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious breaches of security such as terrorism, outbreaks of serious illness, natural disasters, weather conditions preventing safe travel, etc.).
1.9 The Package Travel Act and the General Terms and Conditions do not apply to package travel contracts concluded on the basis of a general agreement on the organisation of business travel (e.g. framework agreement) between two entrepreneurs.
2. Tasks 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 concerning the use of the yacht and its equipment. These are non-binding, they are therefore not yet offers in the sense of § 4 PRG. If no travel suggestions can be made on the basis of the information provided by the traveller (no variants, no services etc.), the tour operator shall inform the traveller accordingly. The travel proposals are based on the information provided by the traveller, which is why the incorrect and/or incomplete information provided by the traveller – in the absence of clarification by the traveller – may form the basis of the legal proposals. When drawing up travel proposals, for example (without claiming to be complete) the amount of the price, professional competence of the service provider, discounts, the best price principle and other things can be used as parameters at best.
2.2 If the traveller has a concrete interest in one of the travel proposals submitted to him or her 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 offer made by the tour operator is binding on the traveller. Changes to the pre-contractual information contained in the travel offer due to changes in price and services are possible, provided that the tour operator has reserved the right to do so in the travel offer, the tour operator informs the traveller clearly, comprehensibly and distinctly about the changes before the conclusion of the package tour contract and the changes are made in agreement between the traveller and the tour operator. A contract between the tour operator and the traveller is concluded when the travel offer is accepted by the traveller (= contractual declaration by the traveller).
2.3 The tour operator shall advise and inform the traveller on the basis of the information provided by the traveller to the tour operator. The tour operator presents the package tour requested by the traveller to the best of his knowledge and belief, taking into account the customary conditions of the respective country/destination and any special features associated with the package tour. There is no obligation to provide information about the generally known circumstances, unless, depending on the type of package tour, there are no circumstances which require separate clarification or unless clarification of the circumstances is necessary for the provision and the course or performance of the services to be agreed. In principle, it must be taken into account that the traveller consciously chooses a different environment and that the standard, equipment, food and hygiene are based on the respective regional standards/criteria customary for the country/destination).
2.4 The tour operator shall inform the traveller in accordance with § 4 PRG before the traveller is bound by a contract declaration to a package tour contract:
2.5 About the existence of a package tour by means of a standard information sheet according to § 4 par. 1 PRG.
2.6 About the information listed in § 4 par. 1 PRG, insofar as this information is relevant to the package to be agreed and necessary for the performance and provision of services.
2.7 Whether the package to be agreed is generally suitable for persons with reduced mobility, provided that this information is relevant to the package in question (tour operator not authorised to make alternative arrangements).
2.8 On the general passport and visa requirements of the country of destination, including the approximate time limits for obtaining visas and for completing sanitary formalities (§ 4 par. 1 no. 6 PRG), insofar as this information is relevant to the package tour in question.
2.9 Special wishes of the traveller in the sense of customer wishes are basically non-binding and do not trigger any legal claim as long as these wishes have not been confirmed by the tour operator in the sense of a specification of the traveller according to § 6 Paragraph 2 Z 1 PRG. If a confirmation is made, a binding promise of performance is given. The acceptance of customer requests by the tour operator only represents a promise of use, to pass these on to the specific service provider or to clarify their fulfilment and is not a legally binding promise as long as it has not been confirmed by the tour operator. If the traveler does not book directly with the tour operator (e.g. by visiting the branch office, inquiry by telephone or e-mail etc.), but through a travel agent, the provisions according to point 2 of these GTC apply to the latter.
3. Obligation of the traveller to inform and cooperate
3.1 The traveller must inform the tour operator – if necessary with the assistance of a travel agent if booked through one – of all personal (e.g. date of birth, nationality etc.) and factual information (e.g. planned import/carriage of medicines, prostheses, animals etc.) required and relevant for the package tour in appropriate time, completely and truthfully. The traveller shall inform the tour operator about all circumstances concerning him or his fellow travellers (e.g. allergies, food intolerances, no travel experience, etc.) and about the special needs of his or their fellow travellers, in particular about any existing limited mobility or the state of health and other restrictions which may be relevant for the preparation of travel offers or for the execution and execution of a package tour with the services to be agreed upon, if necessary by providing full qualified proof (e.g. medical certificate).
3.2 In the event of reduced mobility or other restrictions or special needs within the meaning of point 4.1 (e.g. need for special medication, regular medical treatment, etc.) which appear likely to impair the tour, the passenger is advised to consult a doctor before booking to ascertain whether the necessary fitness to travel is given.
3.3 If a restriction in the mobility of the traveller only occurs in the period between conclusion of the contract and commencement of the package or if other restrictions within the meaning of 4.1. arise during this period, the traveller must inform the tour operator immediately – whereby the written form is recommended for reasons of proof – so that the tour operator can decide whether the traveller can continue to endanger himself or his fellow travellers by taking part in the trip, or whether he is entitled to exclude the traveller and withdraw from the contract. If the traveller does not fulfil his duty of information completely or in time and the tour operator declares the withdrawal from the contract, the tour operator is entitled to compensation in accordance with the compensation lump sums.
3.4 The traveller who makes a booking for himself or a third party (fellow traveller) is considered to be the client and, by analogy within the meaning of § 7 Paragraph 2 PRG, assumes the obligations arising from the contract with the tour operator (e.g. payment of the fee; only the client is entitled to declare withdrawal from the contract, etc.), unless otherwise agreed (see 1.2.)
3.5 The traveller is obliged to check all contractual documents transmitted by the tour operator (e.g. package tour contract, booking confirmation, vouchers) for factual correctness of his information/data and for possible deviations (typing errors; e.g. name, date of birth) as well as incompleteness and in case of incorrectness/deviations/incompleteness to inform the tour operator immediately for correction – whereby the written form is recommended for reasons of proof.
3.6 The tour operator shall bear the costs of necessary accommodation for a maximum of three nights in the event that the contractually agreed return transport of the traveller is impossible due to unavoidable and exceptional circumstances. This does not apply to passengers with reduced mobility (as defined in 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 women, unaccompanied minors and those requiring special medical care, provided that the persons mentioned above notify the tour operator 48 hours before the start of the journey of their special needs which did not exist or were not required to be known to them at the time of booking.
3.7 In accordance with § 11 Paragraph 2 PRG, the traveller must immediately and completely report any lack of conformity of the agreed travel services that he/she notices, including a concrete description of the lack of conformity/defect, so that the tour operator can be put in a position to remedy the lack of conformity – insofar as this is possible or feasible depending on the individual case – taking into account the respective circumstances (e.g. e.g. time difference, impossibility to contact the tour operator during the expedition, existence of an alternative or an exchange/improvement possibility, etc.) and the possibly associated effort to remedy the lack of conformity on site. In the event of failure to report a lack of conformity with the contract, this will have an effect on any warranty claims of the traveller, if remedy on site would have been possible and a report could have been reasonably expected. Pursuant to § 12 Paragraph 2 PRG, failure to report can also be credited as contributory negligence (§ 1304 ABGB) with regard to claims for damages. A notification of a lack of conformity with the contract does not constitute a promise of performance by the tour operator.
3.8 The traveller is obliged to pay the agreed travel price in the framework of the package tour contract in accordance with the payment terms in due time and in full. In the event of failure to pay the deposit or the balance of the tour price on time or in full, the tour operator reserves the right, after issuing a reminder and setting a grace period, to withdraw from the contract and to claim any additional compensation, irrespective of the lump-sum compensation due.
3.9 In the event of the assertion and receipt of payments from claims for damages or price reduction within the meaning of § 12 Para. 5 PRG or in the event of receipt of other payments and services from service providers or third parties, which are to be offset against claims for damages and price reduction by the traveller against the tour operator, the traveller must inform the tour operator of this fact completely and truthfully. The traveller is generally obliged to minimise damages in the event of a breach of contract (§ 1304 ABGB).
4.1 Basically, when travelling on holiday it is important to note that no valuable objects, important documents etc. should be taken along. For important documents, it is recommended to make and use copies – as far as their use is permitted. The theft of valuables cannot be ruled out and is basically to be borne by the traveller himself, as a realisation of the general life risk.
4.2 It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, baggage insurance, travel liability insurance, foreign travel health insurance, protection against delays, personal protection, etc.) which provides sufficient cover from the date of the package travel contract until the end of the package tour.
5. Charter contract conditions, content and use of the yacht
5.1 The package tour 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 results in rights and obligations for the tour operator and for the traveller.
5.2 The tour operator’s obligation to provide services includes the use of the yacht and its facilities as well as the listed extras and additional costs. Not included in the obligation to perform are harbour and other fees as well as fuel, gas, water and all expenses necessary for the proper operation and maintenance of the yacht during the charter period, unless these are explicitly stated as included in the package tour contract. Should errors be made in the calculation of the charter price despite compliance with all due care, this does not entitle the traveller to withdraw from the contract, but may be adjusted in accordance with the valid price list. Deviations in the equipment of the yacht from equipment or inventory lists sent to the charterer do not entitle the charterer to price deductions, provided that all equipment essential for the safety and seaworthiness of the yacht is available.
5.3 The journey to the start of the charter is not part of the contract and therefore not covered by the tour operator’s obligation to perform, unless this has been expressly agreed. The journey is therefore to be organised by the traveller himself. If the start of the charter is delayed due to the late arrival of the traveller or one of his crew members, there is no claim for reimbursement of costs. The legal regulations for the travel agency business are not applicable and not valid in this case.
5.4 The contact person on site, who is appointed to fulfil the contractual obligations, undertakes to instruct the skipper in detail about the yacht when taking over the yacht, while at the same time checking that all equipment is present. The takeover of the yacht is carried out on the basis of an exact inventory list and is only considered completed when the charter fee has been paid in full by the traveller or skipper, the deposit has been paid and the inventory list has been signed by the traveller. Except for hidden defects, the Traveler confirms with his signature on the checklist that he has taken over the yacht in good, seaworthy condition, clean, with a full tank of water and fuel and equipped in accordance with the regulations.
5.5 The yachts are covered by liability and comprehensive insurance. However, the insurance does not cover accidents to persons carried on board, loss of or damage to their personal belongings or damage caused by intent or gross negligence. Furthermore, the insurance does not cover: operational damage to the machinery or to technical and nautical equipment, as well as damage to such equipment as a result of faulty or incorrect operation. In case of damage caused by force majeure, the passenger is liable up to the amount of the deductible. It is recommended that the traveller takes out appropriate insurance (accident, health, luggage and skipper’s liability insurance).
5.6 The Traveller or the skipper appointed by him/her undertakes to use the yacht in consideration of good seamanship and in compliance with the legal provisions and regulations of all countries visited. Furthermore, the Traveller/Skipper undertakes to carry only the maximum number of persons permitted on board and to notify the competent authorities of any change in the crew, not to use the yacht for business purposes or for transport or other purposes. to use the yacht neither for business nor for transport or for the transport of persons or for professional fishing and not to charter the yacht further, not to participate in races, unless the contact person on site expressly declares his agreement to participate in races; to keep the logbook carefully, including records of weather reports and the current weather situation; not to run the engine on a sailing yacht when it is in position and only to drive under engine for as long as necessary; to leave a sheltered harbour with a motor yacht only if the weather forecast and the sea state allow it and not to leave a sheltered harbour with a sailing yacht at announced wind forces of 7 Bft or more; the traveller/shipmaster also undertakes to indemnify and hold harmless the tour operator with regard to all claims of third parties caused by him in connection with the use of the yacht.
5.7 In the event of damage to the yacht due to normal wear and tear of materials, the traveler/shipmaster is entitled to arrange for repair or replacement if the amount does not exceed € 115,-. These expenses will be reimbursed to the traveller/ship’s captain on return after presentation of the invoice, if the damage is not due to a fault or negligence of the traveller/ship’s captain or his crew. Replaced parts must be retained and presented. In the event of major damage, as well as in the event of an accident, possible delay, loss or manoeuvrability of the yacht, the tour operator must be informed immediately. The traveler/ship’s captain has to do everything that serves to reduce the damage and consequential damage (such as breakdown, etc.) as well as to order, document and supervise necessary repairs in consultation with the tour operator and to present them when paying. In addition, the traveler/captain must prepare a damage report and have it confirmed by the competent authorities. If the traveller/skipper does not comply with this formality, he may be required to pay for the damage in full. This also applies in the event of confiscation of the yacht through the fault of the traveller/ship master. If there is reason to suspect that the yacht has been damaged in the underwater area, the next port of call must be called and an examination by a diver, crane or slip-on must be arranged at the passenger’s own expense. The theft of the yacht or equipment must be reported at the nearest police station. No changes may be made to the yacht or its equipment, unless they are absolutely necessary to repair damage. Animals may only be taken on board with the consent of the local charter company. In the case of towing assistance, the salvage fee must be agreed before the assistance is accepted. If the costs are not covered by the insurance, they are to be paid in full by the traveller.
6. Withdrawal with the obligation to pay a lump sum compensation (cancellation conditions)
6.1 The contract and in particular its duration (time period) can only be amended by mutual agreement with the consent of the tour operator and by taking into account the possibilities
6.2 The traveller is entitled to withdraw from the contract at any time against payment of a compensation lump sum/cancellation fee. The withdrawal is to be declared to the tour operator, whereby written form is recommended for reasons of proof. The traveler is recommended to declare the withdrawal on a permanent data medium (e.g. paper, e-mail). If the traveller withdraws from the charter contract arbitrarily, the following cancellation costs will be charged with regard to the charter fee. For additional services, such as cleaning, security deposit, bed linen, special equipment etc., which are also cancelled due to the cancellation of the charter contract, no cancellation fees will be charged.
The cancellation fees for own services provided by the tour operator are:
a. for cancellations from the 95th to the 65th day before the start of the charter: 25% of the charter fee
b. for cancellations from the 65th to the 40th day before the start of the charter: 60 % of the charter fee
c. for cancellations within the last 40 days before charter start: 100% of the charter fee
The conclusion of a cancellation insurance at the latest at the time of conclusion of the contract is expressly recommended.
Notwithstanding these percentages, the tour operator agrees to charge the traveller only the cancellation costs actually incurred, provided that these are less than the percentages mentioned (“fair play principle”). However, the traveller has no legal claim to lower cancellation costs than the stated percentages.
6.3 Third-party services purchased by the tour operator must be paid for in full in the event of withdrawal or cancellation by the traveler, irrespective of the time of withdrawal or cancellation.
6.4 The conclusion of a cancellation insurance at the latest at the time of the conclusion of the contract is expressly recommended.
7. Withdrawal without obligation to pay a lump sum compensation
7.1 The traveller can withdraw from the contract before the start of the charter without paying a compensation lump sum in the following cases:
7.2 If unavoidable and exceptional circumstances occur at or in the immediate vicinity of the place of destination, to be assessed on a case-by-case basis, taking into account the content of the contract and the radiance of the relevant circumstance giving rise to the risk, which substantially affect the performance of the charter to the place of destination. If the traveller withdraws from the contract in such cases, he shall be entitled to full reimbursement of all payments made for the charter, but not to any further compensation.
7.3 If the Tour Operator is unable to provide the yacht or a suitable replacement (which means a type similar in size and equipment to the originally chartered yacht) within 48 hours after the agreed time, the Traveler has the right to cancel the contract. In this case, the tour operator shall reimburse the payments made by the traveller. The traveller has no further claims. If it is already clear before the start of the charter that the yacht will not be available on time, the tour operator is obliged to inform the traveller of this as soon as it becomes known.
8. Termination of the contract, return of the yacht
8.1 The Traveller is obliged to return the yacht to the agreed port at the contractually agreed time, unless the contracting parties have made a different written agreement before this time. Bad weather or other adverse circumstances must also be taken into account when planning the time. If the Traveler is not able to return the yacht himself/herself, he/she shall inform the Tour Operator in writing and have the yacht returned by a person designated by the Traveler at his/her own expense and risk. Until the yacht is taken over by this person, the Traveller is obliged to leave a sufficiently qualified person on the yacht. The charter contract shall only be deemed terminated after the proper return of the yacht has been completed. For each day of delay a compensation payment amounting to twice the daily rate of the charter fee is to be paid by the traveller.
8.2 After his return, the Traveler is obliged to make an appointment with the Tour Operator or his local representative to return the yacht.
8.3 By this date the entire crew including luggage must have left the yacht. The time for cleaning and inventory is part of the period of use stipulated in the contract and must be carried out and completed within this period. If the yacht is not thoroughly cleaned upon return, the tour operator is entitled to have the cleaning carried out at the expense of the traveller. If the “final cleaning” is included in the charter price, this means that the traveller has to hand over the yacht “broom-clean” and with clean dishes. If the yacht and its equipment is handed over in good condition, clean, complete and with a full tank (water, fuel), the deposit paid by the traveller will be refunded. A protocol (checklist) will also be drawn up about this, which is binding through the signature of the traveller and the tour operator or his representative on site.
8.4 The loss of equipment of the yacht as well as damages are to be compensated by the traveller on return. For this purpose, the deposit paid will be used. If repairs are necessary, the traveller must return in time after consultation with the tour operator so that the repair can be carried out before the start of the next charter. If the tour operator is responsible for the damage, the charter fees for the downtime will be refunded.
8.5 Further claims for compensation (e.g. overnight accommodation costs) of the traveller are excluded from the tour operator’s obligation to pay compensation. If the damage or loss of the yacht constitutes an insured event, the return of the deposit will be postponed until the insurance company pays compensation. The refund is made after deduction of the deductible and all additional costs caused by the damage or loss, such as expenses, travel costs, supervision, protocols, etc. Claims for damages by the traveller against the tour operator must be made in writing upon return of the yacht and must be submitted in writing to the tour operator (directly or via the tour operator’s agency) no later than 14 days after the end of the charter. Later claims cannot be considered.
9.1 If there is a lack of conformity with the contract because an agreed travel service was not provided or was provided inadequately (= contrary to the contract), the tour operator remedies the lack of conformity, provided that the traveller or his fellow travellers (e.g. family members) did not cause this themselves and/or did not violate his obligations to cooperate and/or the remedy is not thwarted by the traveller and/or the remedy would not be impossible or would involve disproportionate costs. The traveller shall set the tour operator a reasonable period of time for the remedy of the lack of conformity, whereby the reasonableness of the period of time shall be assessed in each individual case, based on the type/purpose/length of the package tour, the reported lack of conformity, the time of notification (e.g. late in the evening etc.), as well as the time resources required for the replacement of e.g. an object (removal etc.).
9.2 If the traveller fails to comply with his obligations to cooperate or if he sets the tour operator an unreasonably short deadline to remedy the defect or if he does not support the tour operator within reasonable limits in remedying the lack of conformity or if he unjustifiably refuses the replacement service offered by the tour operator to remedy the lack of conformity, the traveller shall bear the adverse legal consequences.
9.3 If the tour operator does not remedy the lack of conformity within a reasonable period of time, the traveller may remedy the situation himself and demand compensation from the tour operator for the expenses incurred (§ 11 Paragraph 4 PRG). The principle of the duty to minimise damages applies, i.e. the damage incurred is to be kept as low as possible, whereby the duration, value and purpose of the trip are to be assumed. In addition, an objective view of the lack of conformity with the contract must be assumed.
9.4 If a substantial part of the agreed travel services cannot be provided in accordance with the contract, the tour operator shall offer the traveller, at no extra cost, insofar as this is possible due to the circumstances and circumstances, reasonable other arrangements for the continuation of the package tour, which, if possible, are of the same or higher quality than the contractually agreed services. If the other arrangements offered by the tour operator may result in a lower quality of the package tour compared to the contractually agreed services, the tour operator shall grant the traveller a reasonable price reduction. The traveller may only refuse the proposed other arrangements if they are not comparable with the services agreed in the package tour contract or if the price reduction granted is not reasonable. In the event of rejection, the traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent / comparable to the contractually agreed services and/or the offered price reduction is not sufficient.
9.5 If the lack of conformity has a significant impact on the performance of the package tour and the tour operator does not remedy the lack of conformity within the reasonable period of time set by the traveller taking into account the circumstances and the lack of conformity, the traveller may, if he cannot reasonably be expected to continue the package tour on the basis of the average traveller, withdraw from the package tour contract without paying any compensation and, if necessary, assert warranty claims and claims for damages in accordance with § 12 PRG. If the traveller withdraws from the package tour contract, he should be aware that this involves a certain risk, as both the materiality of the effects of non-conformities and the reasonableness of continuing the trip have to 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 other arrangements can be offered in accordance with point 10.4 or if the traveller refuses the offered arrangements in accordance with 10.4, the traveller is entitled to warranty claims and claims for damages in accordance with § 12 PRG even without termination of the package tour contract in the event of a lack of conformity with the contract. In the event of refusal, the traveller must demonstrate that the other arrangements offered by the tour operator are not equivalent or comparable to the contractually agreed services and/or the price reduction offered is not sufficient.
10. Final provisions
10.1 Foreign contracts: if, in addition to the english-language contract, the signature of a foreign contract is also required, additional contractual provisions shall apply if necessary, insofar as the legal requirements of the respective country make this necessary.
10.2 Reservations of the tour operator: The tour operator or its local representative reserves the right to limit the navigation area in case of unsafe or unusual navigation conditions or to issue a night sailing ban and declines any responsibility for the consequences of a disregard of these restrictions by the traveller/skipper. The cruising area may only be exceeded with the express consent of the tour operator. Restrictions for safety reasons are permitted.
10.3 Place of jurisdiction and choice of law: All disputes between travellers and tour operator concern only these two contracting parties and are to be settled between them. The courts at the tour operator’s registered office and any existing arbitration boards are responsible for this. Austrian law applies and Austrian courts have exclusive jurisdiction.
10.4 Severability clause: Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
10.5 Additional agreements or changes of any kind require the written form without exception to be valid.