General Terms and Conditions of the Tour Operator COLUMBUS Reisen GmbH & Co KG.

1. Scope and Definitions

1.1. A tour operator is an entrepreneur who compiles and contractually promises or offers package travel (within the meaning of § 2 para 2 PRG – Austrian Package Travel Act), either directly, through another entrepreneur, or jointly with another entrepreneur (cf. § 2 para 7 PRG). The tour operator provides their services in accordance with the legal provisions, particularly the Package Travel Act (PRG) and the Package Travel Ordinance (PRV), with the diligence of a prudent business person. An entrepreneur is any natural or legal person who possesses the quality of an entrepreneur pursuant to § 1 KSchG (Austrian Consumer Protection Act) (cf. § 2 para 9 PRG). Hereinafter, Tour Operator refers to the company COLUMBUS Reisen GmbH & Co KG., Universitätsring 8/24, 1010 Vienna. 1.2. The General Terms and Conditions are deemed agreed upon if they were transmitted or the traveller was able to view their content before the traveller is bound to a contract by a declaration of agreement. They supplement the package travel contract concluded with the traveller. If the traveller books for third parties (co-travellers), they confirm that they have been authorized by these third parties to obtain an offer for them, to agree to the general terms and conditions for them, and to conclude a package travel contract for them. The traveller who makes a booking for themselves or for third parties is thus considered the Client and, analogously to § 7 para 2 PRG, assumes the obligations arising from the contract with the Tour Operator (payments, withdrawal from the contract, etc.), 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., package travel contract) or who is entitled to use travel services based on such a contract. 1.4. The catalogue and the website of the Tour Operator serve as mere advertising materials. The package tours and other services presented therein do not constitute offers (cf. 2.2.). 1.5. A package travel contract is understood as the contract concluded between the Tour Operator and the traveller regarding a package tour. 1.6. The travel price is understood as the amount specified in the package travel contract that must be paid by the traveller. 1.7. A person with reduced mobility is, analogous to Art 2 lit a VO 1107/2006 (Rights of disabled persons and persons with reduced mobility when travelling by air), a person with a physical disability (sensory or motor, permanent or temporary) that restricts the use of components of the package tour (e.g., use of a means of transport, accommodation) and requires an adjustment of the services to be agreed upon to the specific needs of this person. 1.8. Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/situations outside the sphere/control of the party 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 security threats like terrorism, outbreaks of serious diseases, natural disasters, weather conditions preventing safe travel, etc.) (cf. § 2 para 12 PRG). 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 organization of business travel (e.g., framework agreement) between two entrepreneurs.

2. Duties of the Tour Operator

2.1. Based on the traveller's information, 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 created based on the traveller's information (no variants, no services, etc.), the Tour Operator will inform the traveller. The travel proposals are based on the traveller's information, which is why incorrect and/or incomplete information provided by the traveller – in the absence of clarification by the traveller – may form the basis of the travel proposals. When creating travel proposals, parameters such as (without claim to completeness) the price, the professional competence of the service provider, discounts, the best-price principle, and more may be used. 2.2. If the traveller has a specific interest in one of the travel proposals submitted to them by the Tour Operator, the Tour Operator will prepare a travel offer based on the travel proposal, in accordance with the requirements of § 4 PRG, insofar as they are relevant for the trip. The travel offer prepared by the Tour Operator is binding on 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, clearly, comprehensibly, and prominently informs the traveller 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 para 1 PRG). A contract between the Tour Operator and the traveller is concluded when the travel offer is accepted by the traveller (= declaration of agreement by the traveller). 2.3. The Tour Operator advises and informs the traveller based on 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 their knowledge, taking into account the customary conditions of the respective destination country/location and any special features associated with the package tour (e.g., expedition trips). There is no duty to inform about generally known circumstances (e.g., topography, climate, flora and fauna of the destination desired by the traveller, etc.), unless, depending on the nature of the package tour, circumstances exist that require separate clarification, or unless clarification of the circumstances is necessary for the provision and the process or execution of the services to be agreed upon. It must be generally considered that the traveller deliberately chooses a different environment, and the standard, furnishings, food (especially spices), and hygiene are based on the respective regional standards/criteria customary for the destination country/location. 2.4. The Tour Operator informs the traveller in accordance with § 4 PRG before they are bound to a package travel contract by a declaration of agreement: 2.4.1. About the existence of a package tour using the Standard Information Form pursuant to § 4 para 1 PRG. Furthermore, the Standard Information Form for package tours can generally be viewed on the Tour Operator's website. 2.4.2. About the information listed in § 4 para 1 PRG, provided that it is applicable to the package tour to be agreed upon and is necessary for the execution and provision of services (e.g., for a purely beach holiday, no information on sightseeing like for study tours, etc., is required, unless it is part of the agreed services). 2.4.3. Whether the package tour to be agreed upon is generally suitable for persons with reduced mobility (cf. 1.6.), provided this information is relevant for the package tour in question (§ 4 para 1 Z 1 lit h PRG). 2.4.4. About general passport and visa requirements of the destination country, including the approximate time limits for obtaining visas, and for completing health formalities (§ 4 para 1 Z 6 PRG), provided this information is relevant for the package tour in question. Upon request, the Tour Operator provides information on currency and customs regulations. Furthermore, general information on passport and visa requirements, health formalities, and currency and customs regulations for travellers with Austrian citizenship can be obtained by selecting the desired destination country at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/ – or from their respective representations for EU citizens. It is assumed as 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 solely responsible for its validity. The traveller is solely responsible for complying with the health formalities communicated to them. The traveller is solely responsible for obtaining any necessary visa, unless the Tour Operator or travel agent has agreed to take over the procurement of such a visa. 2.4.5. In light of the global COVID-19 pandemic, the Tour Operator points out the risks associated with international travel, which may primarily affect individuals without complete vaccination protection and vulnerable groups. This applies particularly in situations where travellers cannot avoid contact with a large number of people in a confined space. In the event of an infection, official regulations and orders in the country of travel may require travellers to enter quarantine – which may last longer depending on the regulations and orders of the country of travel. Depending on the pandemic development, short-term restrictions on international flight and transport connections may also occur. In such cases, a short-term return to Austria can be significantly complicated. Travellers must observe the respective applicable national regulations on all trips. Travellers are recommended to take a sufficient number of MNS or FFP2 masks with them on the trip. For trips booked up to and including August 31, 2022, the 2G rule applies: all guests must be fully vaccinated or recovered upon commencement of the trip. This rule does not apply to all trips booked on or after September 1, 2022. The decisive factor from this date onwards are the entry requirements of the destination countries, which may potentially require complete vaccination protection. As part of the travel information, the Tour Operator will communicate the entry requirements of the destination countries applicable to travellers at the time of concluding the contract. Obtaining information about changes to the entry requirements of the destination countries after concluding the contract is the sole responsibility of the traveller. The traveller acknowledges that changes to the entry requirements of the destination countries may occur even after the conclusion of the contract in connection with the containment of the COVID-19 pandemic, which may particularly affect individuals who are not vaccinated or not fully vaccinated in the sense of the applicable health regulations of the destination countries. In the event of any changes to the entry requirements in the destination countries in connection with the COVID-19 pandemic after the conclusion of the contract, such as the refusal of entry for unvaccinated or not fully vaccinated individuals, there is no free right of withdrawal for the persons affected by these changes. In this case, the compensation lump sums pursuant to section 15.3 of the Tour Operator's General Terms and Conditions will apply. 2.5. The Tour Operator informs the traveller pursuant to Art 11 VO 2111/05 about the identity of the operating air carrier, provided this is already known at the time of contract conclusion. If the operating air carrier is not yet known at the time of contract conclusion, the Tour Operator informs the traveller about the air carrier that is likely to perform the flight. As soon as the operating air carrier is known or if there is a change of the operating air carrier after booking, the traveller will be informed as quickly as possible. 2.6. Special requests of the traveller (e.g., sea view) are generally non-binding and do not establish a legal claim unless these requests have been confirmed by the Tour Operator as a specification of the traveller pursuant to § 6 para 2 Z 1 PRG. If a confirmation is made, it constitutes a binding commitment to performance. The recording of customer requests by the Tour Operator merely constitutes a promise of use to forward them to the specific service provider or to clarify their feasibility 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, inquiry by phone or email, etc.) but through a travel agent, the provisions pursuant to section 2 of these GTC apply to the travel agent.

3. Authority of the Travel Agent and Services Booked Locally

3.1. Travel agents are not authorized by the Tour Operator to make deviating agreements, provide information, or make assurances that alter the agreed content of the package travel contract, go beyond the contractually promised services of the Tour Operator, or contradict the travel offer. Travel catalogues and internet advertisements that were not issued by the Tour Operator are not binding on the Tour Operator and their duty to perform, unless they have been made the subject of the travel offer or the content of the Tour Operator's duty to perform through an express agreement between the Tour Operator and the traveller. 3.2. Services booked locally with third-party service providers who are different from the Tour Operator or are not attributable to the Tour Operator are not binding on the Tour Operator and their duty to perform and are not attributed to them, unless these services have been expressly confirmed/authorized by the Tour Operator (cf. also 20.6.).

4. Traveller's Duty to Inform and Cooperate

4.1. The traveller must communicate all necessary and relevant personal (e.g., date of birth, nationality, etc.) and factual information (e.g., planned import/carrying of medication, prostheses, animals, etc.) to the Tour Operator – possibly with the help of a travel agent if booked through one – in a timely, complete, and truthful manner. The traveller must inform the Tour Operator about all circumstances related to them or their co-travellers (e.g., allergies, food intolerances, lack of travel experience, etc.) and about their or their co-travellers' special needs, in particular about existing reduced mobility or health condition and other restrictions that may be relevant for the creation of travel offers or for the execution or performance of a package tour with the services to be agreed upon (e.g., for hiking trips, etc.), if necessary by providing complete qualified proof (e.g., medical certificate). 4.2. The traveller is recommended, in the event of reduced mobility or other restrictions or special needs within the meaning of section 4.1. (e.g., requirement for special medication, regular medical treatments, etc.) that seem likely to impair the execution of the trip, to clarify with a doctor before booking whether the necessary fitness to travel is given. 4.3. If a restriction of the traveller's mobility or other restrictions within the meaning of 4.1. first occur in the period between contract conclusion and the start of the package tour, the traveller must inform the Tour Operator immediately – with written form being recommended for reasons of proof – so that the Tour Operator can decide whether the traveller can still participate in the package tour without endangering themselves or co-travellers, or whether they are entitled to exclude the traveller and withdraw from the contract. If the traveller does not fully or timely comply with their duty to inform, and the Tour Operator withdraws from the contract, the Tour Operator is entitled to compensation in accordance with the compensation lump sums. 4.4. The traveller who makes a booking for themselves or for third parties (co-travellers) is considered the Client and, analogously to § 7 para 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 (cf. 1.2.). 4.5. The traveller is obliged to check all contract documents transmitted by the Tour Operator (e.g., package travel contract, booking confirmation, vouchers) for factual correctness regarding their information/data and for any deviations (typographical errors; e.g., names, date of birth) and incompleteness, and in the event of inaccuracies/deviations/incompleteness, to notify the Tour Operator immediately for correction – with written form being recommended for reasons of proof. The traveller must bear any resulting additional costs, if these additional costs are based on false or inaccurate information provided by the traveller, with the fee being at least EUR 75. 4.6. In the event of the impossibility of the contractually agreed repatriation of the traveller due to unavoidable and extraordinary circumstances, the Tour Operator bears the costs for the necessary accommodation for a maximum of three nights. This does not apply to travellers with reduced mobility (pursuant to Article 2 letter a of Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air) and their co-travellers, pregnant travellers, unaccompanied minor travellers, and travellers in need of special medical assistance, provided that the aforementioned persons notify the Tour Operator of their special needs, which did not exist or were not known to them at the time of booking, 48 hours before the start of the trip (cf. 4.3.). 4.7. The traveller must notify the Tour Operator, pursuant to § 11 para 2 PRG, of every lack of conformity (defect) of the agreed travel services they perceive immediately and completely, including a specific designation of the lack of conformity/defect, so that the Tour Operator can be put in a position to remedy the lack of conformity locally – if possible or feasible depending on the individual case – taking into account the respective circumstances (e.g., time difference, impossibility of contact during an expedition trip, existence of an alternative or a replacement/improvement possibility, etc.) and the potentially associated effort (e.g., cleaning a replacement room, finding a replacement hotel, etc.). If the traveller books through a travel agent and a lack of conformity occurs during the travel agent's business hours, the traveller must report the lack of conformity to them. The traveller is recommended to use written form, especially for reasons of proof. Outside normal business hours, the traveller must report lacks of conformity to the Tour Operator's representative on-site, or, if such a representative is not available and/or not contractually owed, directly to the Tour Operator at the emergency number provided in the package travel contract. In the event of failure to report a lack of conformity, this will have consequences for any warranty claims of the traveller if remedial action was possible locally and reporting was also reasonable. Failure to report can also be counted as contributory negligence (§ 1304 ABGB) with regard to claims for damages pursuant to § 12 para 2 PRG. A report of a lack of conformity does not yet result in a performance commitment by the Tour Operator. 4.8. The traveller is obliged to pay the travel price agreed within the framework of the concluded package travel contract in full and on time in accordance with the payment terms. In the event of non-payment or incomplete payment of the down payment or the remaining balance on time, the Tour Operator reserves the right, after a reminder with a deadline, to withdraw from the contract and claim any damages exceeding the applicable compensation lump sum. 4.9. In the event of claiming and receiving payments from claims for damages or price reduction within the meaning of § 12 para 5 PRG (e.g., compensation payment pursuant to Art 7 of the Passenger Rights Regulation) or in the event of receiving other payments and services from service providers or third parties that are to be offset against the traveller's claims for damages or price reduction against the Tour Operator (e.g., payments from the hotel), the traveller must inform the travel agent or Tour Operator of this circumstance completely and truthfully. 4.10. The traveller generally has a duty to mitigate damages (§ 1304 ABGB) when a lack of conformity occurs.

5. Insurance

5.1. Generally, it should be noted for holiday trips that no valuable objects, important documents, etc., should be taken along. For important documents, the creation and use of copies – insofar as their use is permitted – is recommended. Theft of valuables cannot be excluded and must generally be borne by the traveller themselves as the realization of general life risk. 5.2. It is recommended to take out insurance (travel cancellation insurance, trip interruption insurance, travel luggage insurance, travel liability insurance, foreign travel health insurance, delay protection, personal protection, etc.) that ensures sufficient coverage from the date of the package travel contract until the end of the package tour.

6. Booking/Contract Conclusion/Down Payment

6.1. The package travel contract is concluded between the traveller and the Tour Operator when there is agreement on the essential contractual components (price, service, and date) and the traveller accepts the Tour Operator's offer. This results in rights and obligations for the Tour Operator and the traveller. 6.2. Unless otherwise agreed, the traveller must transfer a down payment of 20% of the travel price to the account specified in the package travel contract (or the account notified by the travel agent) within 7 days of receipt of the package travel contract, but no earlier than 11 months before the end of the package tour. 6.3. If a 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 specified therein (or the account notified by the travel agent). 6.4. If the traveller fails to meet their payment obligations according to 6.2. or 6.3., the Tour Operator reserves the right, after a reminder with a deadline, to withdraw from the contract and demand damages in accordance with the compensation lump sums.

7. Persons with Reduced Mobility

7.1. Whether a package tour is specifically suitable for persons with reduced mobility must be clarified on a case-by-case basis, considering the type and extent of reduced mobility, the character of the package tour (e.g., adventure trip, study tour, city trip, etc.), the destination country/location, the means of transport (e.g., bus, plane, ship, etc.), and the accommodation (e.g., hotel, alpine hut, tent, etc.). Persons with reduced mobility must therefore inquire with the Tour Operator whether the desired package tour is suitable for them in the specific case. The suitability of a package tour for persons with reduced mobility in the specific case 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). 7.2. The Tour Operator may reject the booking of a package tour by a person with reduced mobility if the Tour Operator and/or one of the vicarious agents (e.g., hotel, airline, etc.), after a careful assessment of the specific requirements and needs of the traveller, conclude that the person cannot be transported/accommodated safely and in accordance with safety regulations or if they come to the conclusion that the specific package tour is not suitable for the traveller. 7.3. The Tour Operator and/or one of the vicarious agents (e.g., airline, hotel, etc.) reserve the right to refuse the transport/accommodation of a traveller who has failed to sufficiently notify the Tour Operator of their reduced mobility and/or special needs in accordance with 4.1. and/or 4.3. of the GTC, thereby enabling the Tour Operator and/or the vicarious agent to assess the possibility of safe and organizationally practicable transport/accommodation. 7.4. The Tour Operator reserves the right to refuse participation in the package tour for safety reasons to travellers who, in the opinion of the Tour Operator and/or one of the vicarious agents (e.g., airline, hotel, etc.), are unfit to travel or unsuitable for the package tour due to the itinerary, the travel destination, etc., or who pose a danger to themselves or others during the package tour.

8. Package Travel Contract

8.1. The traveller receives an executed copy of the contract document or a confirmation of the contract on a durable medium (e.g., paper, email) upon conclusion of a package travel contract or immediately thereafter. If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveller is entitled to a paper version. In the case of contracts concluded away from business premises within the meaning of § 3 Z 1 FAGG (Austrian Distance and Off-Premises Transactions Act), the traveller agrees to alternatively receive the executed copy or confirmation of the package travel contract also on another durable medium (e.g., email). 8.2. The traveller will be provided with the booking documents, vouchers, transport tickets, and entry tickets, information on the planned estimated departure times and, if applicable, scheduled stopovers, connecting services, and arrival times in a timely manner before the start of the package tour at the last delivery/contact address provided by them, unless otherwise agreed. If the documents/records just mentioned show inaccuracies/deviations/incompleteness within the meaning of 4.5., the traveller must contact the travel agent or Tour Operator (cf. 4.5.).

9. Substitute Person

9.1. Pursuant to § 7 PRG, the traveller has the right to transfer the package travel contract to another person who meets all contractual conditions and is also suitable for the package tour (criteria may include gender, the (non-)existence of pregnancy, health status, 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 meet all contractual conditions or is not suitable for the package tour, the Tour Operator may object to the transfer of the contract. The Tour Operator must be notified of the transfer of the contract within a reasonable period of 20 days, but no later than 10 days before the start of the trip, on a durable medium (e.g., paper, email). A minimum handling fee of EUR 100 must be paid for the transfer of the package travel contract, unless additional costs arise beyond this. The traveller who transfers the package travel contract and the person who enters into the contract are jointly and severally liable to the Tour Operator for the outstanding amount of the travel price and the minimum handling fee, as well as for any additional costs incurred beyond this. 9.2. Many airlines or other carriers or service providers treat changes to the travel date or the name of the traveller as cancellations and charge accordingly. If additional costs arise as a result, these will be charged to the traveller (analogous to § 7 para 2 PRG).

10. Price Changes Before the Start of the Trip

10.1. The Tour Operator reserves the right in the package travel contract to make price changes after the conclusion of the package travel contract up to 20 days before the start of the package tour at the latest. The Tour Operator will notify the traveller of the price increase (including calculation) clearly, comprehensibly, and prominently on a durable medium (e.g., paper, email) at the last address provided by them, at the latest 20 days before the start of the package tour, stating the reasons. 10.2. Price changes are permissible if the following costs change after the contract is concluded:

1. Costs for passenger transport due to the costs of fuel or other power sources;
2. Amount of taxes and charges payable for the contractually agreed travel services, such as tourist taxes, landing fees, embarkation or disembarkation fees in ports, corresponding fees at airports, and fees for services in ports or airports;
3. The exchange rates applicable to the package tour. Price changes can result in price increases or price reductions. In the event of price reductions, the amount of the price reduction will be reimbursed to the traveller. However, the Tour Operator may deduct actual administrative expenses from this amount. Upon the traveller's request, the Tour Operator will provide proof of these administrative expenses. 10.3. In the event of an increase of more than 8% of the travel price (within the meaning of § 8 PRG), 11.4. will apply. The traveller has the choice to accept the increase as a contractual change, agree to participate in an alternative trip – if offered – or withdraw from the contract without being obliged to pay a compensation lump sum. Insurance premiums already paid cannot be reimbursed to the traveller.

11. Changes to the Service 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 they have reserved this right in the contract. The Tour Operator or the travel agent, if the package tour was booked through one, will inform the traveller clearly, comprehensibly, and prominently on a durable medium (e.g., paper, email) at the last address provided by them about the changes. 11.2. Insignificant changes are – to be assessed on a case-by-case basis – minor, objectively justified changes that do not significantly alter the character and/or duration and/or content and/or quality of the booked package tour. 11.3. Significant changes may involve a significant reduction in the quality or value of travel services that the Tour Operator is forced to make if the changes affect essential characteristics of the travel services and/or influence the package tour and/or travel execution. Whether a change or reduction in the quality or value of travel services is significant must be assessed on a case-by-case basis, taking into account the type, duration, purpose, and price of the package tour, as well as the intensity and duration and causality of the change, and possibly the culpability of the circumstances that led to the change. 11.4. If the Tour Operator is forced, pursuant to § 9 para 2 PRG, to make significant changes in the sense mentioned above to those essential characteristics of the travel services that constitute the character and purpose of the package tour (cf. § 4 para 1 Z 1 PRG), or if they cannot fulfill specifications of the traveller that were expressly confirmed by the Tour Operator, or if they increase the total price of the package tour by more than 8% in accordance with the provisions of § 8 PRG, the traveller may:

• Agree to the proposed changes within a reasonable period set by the Tour Operator, or
• Agree to participate in a substitute trip, provided it 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 about the following points clearly, comprehensibly, and prominently on a durable medium (e.g., paper, email) at the last address provided by them:
• The changes to the travel services and, if applicable, their impact on the price of the package tour.
• The reasonable period within which the traveller must inform the Tour Operator of their decision, and the legal effect of not making a declaration within the reasonable period.
• If applicable, the substitute package tour offered and its price. The traveller is advised to use written form for their declaration. If the traveller does not make a declaration within the period, this is considered consent to the changes.

12. Itinerary/Changes

12.1. Due to, for example (without claim to completeness), 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, flight time changes, terrorist attacks, power outages, briefly changed opening hours, etc., deviations from the advertised or contractually agreed route may occur, round trip stations may be postponed or brought forward, planned sightseeing may be omitted or changed. In these cases, the Tour Operator endeavors to offer equivalent alternatives or, if applicable, to make up for omitted parts elsewhere. These do not give rise to refund claims. The first and the last day of the trip are considered the days of arrival and departure. Due to uninfluenceable flight time changes or delays (traffic jams, road conditions, etc.), the program of the first and last day cannot be bindingly promised, and the planned sightseeing and activities depend on the actual time and local conditions and ultimately on the assessment of the local tour guide.

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 (=in breach of contract), the Tour Operator will remedy the lack of conformity, provided the traveller or their co-travellers (e.g., family members) did not cause it themselves and/or did not violate their duties of cooperation and/or the remedy is not thwarted by the traveller and/or the remedy would not be impossible or involve disproportionate costs. The traveller must set the Tour Operator a reasonable period for remedying the lack of conformity, the appropriateness of which is to be assessed in each individual case, based on the type/purpose/duration of the package tour, the reported lack of conformity, the time of reporting (e.g., late at night, etc.), and the time resources required for replacement procurement, e.g., of an object (relocation, etc.). A deadline must be set with the representative of the Tour Operator on-site, or, if one is not available and/or not contractually owed, with the Tour Operator at the emergency number provided in the package travel contract. 13.2. If the traveller fails to comply with their duty to notify pursuant to section 4.7. or their duties of cooperation (e.g., to look at a replacement room offered by the Tour Operator or to pack their suitcases for a room change, etc.), or if they set the Tour Operator an unreasonably short period for remedying the lack of conformity, or if they do not support the Tour Operator in remedying the lack of conformity within what is reasonable, or if they refuse the substitute services offered by the Tour Operator to remedy the lack of conformity without legal grounds, the traveller must bear the negative legal consequences (cf. section 4.7.). 13.3. If the Tour Operator does not remedy the lack of conformity within the reasonable period, the traveller may remedy it themselves and demand reimbursement of the necessary expenses from the Tour Operator (cf. § 11 para 4 PRG). The principle of the duty to mitigate damages applies, i.e., the resulting damage (e.g., costs for substitute performance) must be kept as low as possible, based on the duration, value, and purpose of the trip. Furthermore, an objective view of the lack of conformity must be assumed. 13.4. If a significant part of the agreed travel services cannot be performed in accordance with the contract, the Tour Operator shall offer the traveller, without additional cost, appropriate alternative arrangements (substitute service) for the continuation of the package tour, provided this is possible due to the circumstances and conditions (on-site) (impossibility, e.g., if only one hotel in the booked category is available), which, if possible, are of equivalent or higher quality to the contractually agreed services; the same applies if the traveller is not repatriated to the place of departure in accordance with the contract. If the alternative arrangements offered by the Tour Operator result in a lower quality of the package tour compared to the contractually agreed services (e.g., half board instead of all-inclusive), the Tour Operator shall grant the traveller an appropriate price reduction. The traveller may only reject the proposed alternative arrangements if they are not comparable to the services agreed in the package travel contract or if the granted price reduction is not appropriate. 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 offered price reduction is not sufficient. 13.5. If the lack of conformity has significant effects in the sense of section 11.3. on the performance of the package tour, and the Tour Operator does not remedy the lack of conformity within a reasonable period set by the traveller, taking into account the circumstances and lacks of conformity (cf. 13.1.), the traveller may, if the continuation of the package tour is unreasonable for them based on the standard of an average traveller, withdraw from the package travel contract without payment of compensation and, if applicable, assert warranty and damage claims pursuant to § 12 PRG. If the traveller withdraws from the package travel contract, they should be aware that this is associated with a certain risk, as both the significance of the effects of lacks of conformity and the reasonableness of continuing the trip are to be assessed in the subjective individual case (by a judge), and the result of this assessment may deviate from the traveller's perception. If no other arrangements can be offered according to section 13.4., or if the traveller rejects the offered other arrangements according to section 13.4., the traveller is entitled to warranty and damage claims pursuant to § 12 PRG in the event of an existing lack of conformity 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 offered price reduction is not sufficient. If the transport of persons is part of the package tour, the Tour Operator shall also ensure the immediate repatriation of the traveller with an equivalent means of transport without additional costs for the traveller in the cases mentioned in this paragraph. 13.6. If services cannot be provided due to unavoidable and extraordinary circumstances and the Tour Operator nevertheless does not withdraw from the package tour (cf. 17.1.) but offers substitute services, the traveller shall bear 20% of any additional costs arising therefrom.

14. Traveller's Withdrawal Without Payment of a Compensation Lump Sum

14.1. The traveller may withdraw from the package travel contract before the start of the package tour without paying a compensation lump sum in the following cases: 14.1.1. If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity – to be assessed on a case-by-case basis considering the contract content and the impact of the relevant circumstance causing the danger – which significantly impair the performance of the package tour or the transport of persons to the destination in the sense of 11.3. If the traveller withdraws from the contract in these cases, they are entitled to the full reimbursement of all payments made for the package tour, but not to additional compensation (cf. § 10 para 2 PRG). 14.1.2. In the cases of section 11.4. The withdrawal must be declared to the Tour Operator (written form is recommended for reasons of proof). 14.2. The traveller may withdraw from the package travel contract after the start of the package tour in the cases of section 13.5. without paying a compensation lump sum.

15. Traveller's Withdrawal Against Payment of a Compensation Lump Sum

15.1. The traveller is entitled to withdraw from the contract at any time against payment of a compensation lump sum (cancellation fee) and a handling fee of EUR 35. The withdrawal must be declared to the Tour Operator in writing. If the package tour was booked through a travel agent, the withdrawal can also be declared to them. The traveller is recommended to declare the withdrawal on a durable medium (e.g., paper, email). 15.2. The compensation lump sum is in a percentage relationship to the travel price and its amount depends on the time of the declaration of withdrawal and the expected saved expenses and income from alternative use of the travel services. In the event of the inappropriateness of the compensation lump sum, it may be reduced by the court. 15.3. The following compensation lump sums (as a percentage of the travel price) apply per person: Up to 31 days before the start of the trip: 25% From 30 to 20 days before the start of the trip: 50% From 19 to 15 days before the start of the trip: 75% From 14 days before the start of the trip: 100% of the travel price. Flight tickets from issue: 100%. Expenses already incurred by the Tour Operator and demonstrably non-refundable (e.g., visa fees and procurement, non-refundable down payments for hotels and other services, entrance tickets without refund possibilities, etc.) must be paid in full by the traveller in the event of cancellation.

16. No-show

16.1. No-show occurs if the traveller stays away from the departure because they lack the will to travel or if they miss the departure due to an action attributable to them or due to a coincidence that happened to them. If it is further clarified that the traveller can no longer or does not want to use the remaining travel services, they must pay the following compensation lump sum: 100% of the travel price.

17. Tour Operator's Withdrawal Before the Start of the Trip

17.1. The Tour Operator may withdraw from the package travel contract before the start of the package tour if they are prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and their declaration of withdrawal reaches the traveller at the last delivery/contact address provided by them immediately, but no later than before the start of the package tour (cf. § 10 para 3 number 2 PRG). 17.2. The Tour Operator may withdraw from the package travel contract before the start of the package tour if fewer people than the minimum number of participants specified in the contract have registered for the package tour, and the Tour Operator's declaration of withdrawal reaches the traveller at the last delivery/contact address provided by them within the period specified in the contract, but no later than: a) 20 days before the start of the package tour for trips of more than six days, b) Seven days before the start of the package tour for trips between two and six days, c) 48 hours before the start of the package tour for trips lasting less than two days, (cf. § 10 para 3 number 1 PRG). Minimum number of participants: 15 people for bus and flight trips or cruises, unless otherwise stated for the trip. 17.3. If the Tour Operator withdraws from the package travel contract pursuant to 17.1. or 17.2., they will reimburse the travel price to the traveller, but they are not obliged to pay additional compensation.

18. Tour Operator's Exemption from Performance After the Start of the Package Tour

18.1. The Tour Operator is exempted from contract fulfillment without the obligation to reimburse the travel price if the traveller disrupts the performance of the package tour through grossly improper behavior (such as e.g., alcohol, drugs, non-compliance with a smoking ban, disregard of certain dress codes e.g., when visiting religious sites or when eating meals, criminal behavior, disruptive behavior towards co-travellers, non-compliance with the tour guide's instructions such as e.g., being regularly late, etc.), regardless of a warning, to such an extent that the travel process or co-travellers are disturbed and hindered in a measure that is likely to impair the holiday relaxation of third parties or co-travellers or to frustrate the purpose of the trip. In such a case, the traveller is obligated to compensate the Tour Operator for the damage.

19. Traveller's General Life Risk

19.1. A package tour usually involves a change in the usual environment. A resulting realization of the traveller's general life risk such as, for example (without claim to completeness), stress, nausea (e.g., due to climatic changes), fatigue (e.g., due to a humid-muggy climate), digestive problems (e.g., due to unfamiliar spices, food, etc.) and/or a realization of a risk possibly associated with the trip such as, for example (without claim to completeness), ear pain during diving trips, altitude sickness when traveling to high altitudes, seasickness on cruises, and much more, fall within the traveller's sphere and are not attributable to the Tour Operator. 19.2. If the traveller does not use services that were properly offered to them for the reasons mentioned above, or if they declare withdrawal from the contract for such a reason, they are not entitled to assert warranty claims or refunds for unused parts of travel services. 19.3. In addition, the following applies: Every traveller must be physically and mentally capable of carrying out their personal activities alone and equal to all requirements of the booked trip. The booking person as well as every traveller must disclose any health impairments already at the time of booking so that special needs of the travel participant can be taken into account when selecting and planning the trip. Tour guides and drivers offer support in emergencies if possible (e.g., transport to the hospital, doctor's visit, etc.), but do not take on any further care tasks. The organizer is also entitled to withdraw from the contract if the traveller – for whatever reason – cannot continue the trip (hospital stay, etc.) or if the travel group can no longer be reasonably expected to continue the trip together with the traveller for reasons that lie within the traveller's sphere. Should a trip from this prospectus not correspond to the health constitution of the customer's request, an individual solution will gladly be worked out. If a third party concludes the travel contract, this person is jointly and severally liable for all damages caused by the traveller (e.g., guardian, etc.). Unsupervised and underage travel participants may only start the trip in question with a supervisory or accompanying person.

20. Liability

20.1. If the Tour Operator or service providers attributable to them culpably violate the obligations incumbent on the Tour Operator from the contractual relationship with the traveller, the Tour Operator is obligated to compensate the traveller for the resulting damage. 20.2. The Tour Operator is not liable for personal injury, property damage, and financial loss of the traveller arising in connection with booked services, provided they: 20.2.1. Represent a realization of the traveller's general life risk or a general risk possibly associated with the package tour, which falls within the traveller's sphere (cf. 19.); 20.2.2. Are attributable to the fault of the traveller; 20.2.3. Are attributable to a third party not involved in the provision of the travel services covered by the package travel contract, and the lack of conformity was neither foreseeable nor avoidable; or 20.2.4. Are due to unavoidable and extraordinary circumstances. 20.3. For property damage and financial loss of the traveller that are due to unforeseeable and/or unavoidable circumstances that the Tour Operator could not have expected, as well as for excusable errors up to negligence, liability is limited to three times the travel price, based on Art 14 of Directive (EU) 2015/2302 (Package Travel Directive) in accordance with § 6 para 1 Z. 9 KSchG. 20.4. For trips with special risks (e.g., expedition character), the Tour Operator is not liable for the consequences arising during the realization of the risks if this occurs outside their sphere of duty. The Tour Operator's obligation to carefully prepare the package tour and carefully select the persons and companies entrusted with the provision of the individual travel services remains unaffected. 20.5. The traveller must comply with laws and regulations, instructions and orders of the personnel on-site, as well as commands and prohibitions (e.g., swimming ban, diving ban, etc.). In the event of non-compliance by the traveller, the Tour Operator is not liable for any resulting personal injury and property damage to the traveller or personal injury and property damage to third parties. 20.6. The Tour Operator is not liable for the provision of a service that was not promised by them or that was subsequently booked by the traveller themselves locally with third parties or service providers not attributable to the Tour Operator after the start of the trip. 20.7. The traveller is recommended not to take items of special value. Furthermore, it is recommended to store or insure the items taken along properly (cf. 5.1.). 20.8. Insofar as the Montreal Convention on international air transport 2001, the Athens Protocol 2002 to the Athens Convention on carriage by sea 1974, or the Convention concerning International Carriage by Rail 1980 in the version of 1999 limit the extent of damages or the conditions under which a provider of a travel service covered by the package travel contract must pay damages, these limitations also apply to the Tour Operator (cf. § 12 para 4 PRG).

21. Assertion of Claims

21.1. To facilitate the assertion and verification of alleged claims, the traveller is recommended to obtain written confirmations regarding the non-performance or defective performance of services, or to secure receipts, evidence, and witness statements. 21.2. Warranty claims can be asserted within 2 years. Damage claims expire after 3 years. 21.3. In the interest of the traveller, it is advisable to assert claims immediately after returning from the package tour, fully and specifically designated, directly with the Tour Operator or through the travel agent, as difficulties in proof are to be expected with increasing delay.

22. Delivery - Electronic Correspondence

22.1. The last address (e.g., email address) provided to the Tour Operator by the traveller is considered the delivery/contact address of the traveller. Changes must be communicated by the traveller immediately. The traveller is recommended to use written form for this.

23. Provision of Information to Third Parties

23.1. Information about the names of the travel participants and the whereabouts of travellers will not be given to third parties, even in urgent cases, unless the traveller has expressly requested the provision of information and the authorized person is disclosed upon booking. The costs incurred by the transmission of urgent messages shall be borne by the traveller. Travellers are therefore recommended to inform their relatives of the exact holiday address.

Further Special Travel Conditions and Information of COLUMBUS Reisen GmbH & Co KG.

• Service Fee: € 35 per person
• Tour Guide – Not Part of the Contract: The travel text in the catalogue informatively lists the tour guides assigned at the time the catalogue was created. Mentioned tour guides are not a contractual component. A change in the person of the tour guide does not give rise to any claims.

BUS TRIPS

• Hand Luggage: We ask all travellers, when leaving the bus (even during the day), not to leave any valuables (handbags, cameras, audio devices, etc.) on board. These are not insured and will not be replaced in the event of a break-in or theft.
• Seat Allocation – Not Part of the Contract: a. Seat allocation is made on all bus trips, unless otherwise noted in the service text. b. Seat Changes: The organizer or the local tour guide is entitled to change already allocated seats. These seat changes are minor service changes that do not alter the character of the trip and therefore do not entail any refund or withdrawal claim.
• Small Groups: We endeavor to carry out the trip if the minimum number of participants is not reached. However, we reserve the right to use appropriately smaller buses that do not have an on-board kitchen or on-board toilet.
• Rebooking Fees for Bus Trips: We charge € 10 for boarding point and seat changes, and € 25 per person for name changes. Rebooking fees of € 25 per person apply when rebooking from one date of a trip to another date of the same trip, provided this rebooking takes place more than 28 days before the originally booked departure date. If this period is shorter, the cancellation conditions of the General Terms and Conditions printed here apply.
• Coaches Abroad: The buses we rent comply with the local standard, which may sometimes deviate from the standard of Austrian buses, e.g., in comfort and in the following points:
  • Tour Guide Seats: These are often not available, so the tour guide needs the first row on the right, and all guests sitting on the right are shifted back one row (in England, the guests sitting on the left).
  • On-board Toilet: This is not opened on many round trips in many countries because there are very few disposal stations.
  • Air Conditioning: This is not installed everywhere due to climatic conditions and may therefore be unavailable (e.g., Ireland).
  • Beverage Sales on Board: This is not customary in all countries.

FLIGHT TRIPS

• Flights: We have booked flights for you with renowned airlines. Baggage allowance, meals on board, etc., correspond to the offer of the respective airline. Connecting flights are possible. We reserve the right to change the airline and the flight schedule due to the long planning period. Corresponding changes do not give rise to claims for free cancellation or refund. The airport taxes, security fees, and fuel surcharges valid at the time of printing are already included in the package price. In the event of an increase in fees, we reserve the right to make corresponding adjustments for new bookings.
• Small Group Surcharge: If the minimum number of participants firmly stated in the catalogue or an advertisement is not reached, the organizer is free to levy a small group surcharge, which may amount to a maximum of 8% of the travel price. This small group surcharge does not entitle the traveller to withdraw from the trip if it is actually carried out in the small group according to the catalogue advertisement. The provisions of section 10 of the General Terms and Conditions – Price changes before the start of the trip – remain fully in effect.
• Joined Trips: We work with experienced local agencies that book customers from several international providers onto their trips, thus being able to guarantee departures. The trip is led by a local (mostly German-speaking) tour guide and carried out according to local customs. These may deviate from the usual COLUMBUS service level (e.g., no seat allocation, group size). In case of complaints, please contact the local representative immediately.

CRUISES

• The shipping company reserves the right to change the itinerary and excursion program. Please note that on river cruises, delays and therefore changes to the excursion program or the embarkation/disembarkation points may occur due to low/high water, unforeseen waiting times at locks, or also due to weather conditions. Likewise, the shipping company reserves the right to alternatively transport or accommodate guests, particularly due to low/high water or a ship defect (e.g., with buses or in hotels) and possibly to change the route; under certain circumstances, a change to another ship may also be necessary.
• For trips/services booked with COLUMBUS Reisen GmbH & Co KG. as the service provider authorized to perform travel services within the meaning of the provisions of the Package Travel Ordinance (PRV, BGBl. II Nr. 260/2018), a bank guarantee is deposited with Erste Bank der österr. Sparkassen AG (Am Belvedere 1, 1100 Vienna) in the event of insolvency.
• In the event of insolvency, all claims must be registered within 8 weeks directly with the competent insolvency administrator AWP P&C S.A., Niederlassung für Österreich, Linzer Straße 225, A-1140 Wien, at Tel: +43 1 52503-6853 or Email vertragsverwaltung@allianz.com.
• Details on the authorization of COLUMBUS Reisen GmbH & Co KG. to perform travel services can be found on the website https://www.gisa.gv.at/abfrage under the GISA number 23950955.