General Terms and Conditions Organiser
1. Terms of contract
1.1. Alpinschule Innsbruck GmbH (hereinafter referred to as ASI) acts as a tour operator with its services. The trips organised and hosted by ASI are based on the travel conditions, which form an integral part of the offer and the basis of the travel contract to be concluded.
1.2. The General Terms and Conditions shall be 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 content. They supplement the package travel contract concluded with the traveller . If the traveller books for third parties (fellow travellers), they confirm that they have 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 travel contract for them. The traveller who makes a booking for him/herself or for a third party is thus deemed to be the client and assumes the obligations arising from the contract with ASI (payments, withdrawal from the contract, etc.) in accordance with Section 7 (2) PRG, unless otherwise agreed.
1.3. The catalogue and the homepage www.asi-reisen.de; www.asi.at of ASI serve merely as advertising material. The package holidays and other services presented therein do not constitute offers unless this has been indicated in individual cases (cf. 2.2.). The current version at the time the contract is concluded shall apply to the trip and form the basis of the travel contract.
1.4. Unless otherwise advertised, the tours offered and organised by ASI are not suitable for persons with reduced mobility due to the nature of the tour and its character.
1.5. Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/events outside the sphere/control of the party invoking them and the consequences of which could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious impairments to security such as terrorism, outbreaks of serious diseases, epidemics, pandemics, natural disasters, weather conditions (e.g. snow, rain, snow, snow).e.g. acts of war, serious threats to security such as terrorism, outbreaks of serious diseases, epidemics, pandemics, natural disasters, weather conditions (e.g. snow, rain, avalanches, mudslides, etc.) that prevent safe travel, etc.) (see § 2 Para. 12 PRG).
1.6. 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 trips (e.g. framework agreement) between two entrepreneurs.
2. Tasks of the tour operator
2.1. Based on the information provided by the traveller, ASI prepares travel proposals for the traveller or travel proposals can be viewed and retrieved on the ASI website www.asi-reisen.de; www.asi.at. These are non-binding and are therefore not yet offers within the meaning of Section 4 PRG, unless specifically labelled as such. If no travel proposals can be created based on the information provided by the traveller (no variants, no services, etc.), ASI shall inform the traveller of this. The travel proposals are based on the information or entries made by the traveller in the enquiry/booking screen, 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 making travel suggestions, the price, expertise of the service provider, discounts, the best price principle and other factors may be used as parameters (without any claim to completeness).
2.2. If the traveller has a specific interest in one of the travel proposals submitted by the tour operator, ASI will prepare a travel offer on the basis of the travel proposal in accordance with the provisions of Section 4 PRG, insofar as these are relevant t o the trip. If necessary, a bookable offer will be prepared for the traveller on the basis of the specific enquiry on the ASI website and b r o u g h t to the traveller's attention, which the traveller can book immediately. If this is not the case, ASI will prepare a travel offer. A travel offer prepared by ASI at the traveller's request is binding on ASI for a maximum of 24 hours. Changes to the pre-contractual information contained in the travel offer due to price or service changes are possible, provided that ASI has reserved the right to do so in the travel offer, ASI informs the traveller clearly, comprehensibly and unambiguously about the changes before the conclusion of the package travel contract and the changes are made in agreement between the traveller and ASI (cf. § 5 Para. 1 PRG).
2.3. ASI shall advise and inform the traveller on the basis of the information provided to ASI by the traveller. ASI shall present the package tour requested by the traveller to the best of its knowledge, taking into account the customary conditions in the country of destination and any special features associated with the package tour (e.g. expedition trips). It must be taken into account that the package tours offered by ASI are trips which, on the one hand, place physical demands on the travellers and, on the other hand, are dependent on the weather due to the way in which they are carried out and therefore changes to the itinerary may occur, taking into account the characteristics of the respective country. There is no obligation to provide information about 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 tour, there are circumstances that require separate information or unless information about the circumstances is necessary for the provision and course or performance of the services to be agreed. 2 In principle, it must be taken into account that the traveller consciously chooses a different environment and that the standard, facilities, food (in particular spices) and hygiene are based on the respective regional standards/criteria customary for the country/place of destination. In addition, the traveller has the opportunity to obtain more detailed information on the customary local conditions, in particular with regard to the location, place and standard (local custom) of the services to be agreed on the ASI website (www.asi-reisen.de; www.asi.at), as well as in the information and route description in the travel documents.
2.4. ASI shall inform the traveller in accordance with § 4 PRG before the traveller is bound to a package travel contract by a contractual declaration:
2.4.1. On the existence of a package holiday by means of a standard information sheet in accordance with Section 4 (1) PRG. In addition, the standard information sheet for package holidays is generally available on the ASI website (www.asi-reisen.de; www.asi.at ) can be viewed.
2.4.2. The information listed in Section 4 (1) PRG, insofar as this is relevant to the package holiday to be agreed and is necessary for the performance and provision of services (e.g. exercise, condition, requirements, etc., insofar as these are not part of the agreed services). In addition, this information can generally be viewed on the ASI homepage (www.asi-reisen.de; www.asi.at).
2.4.3. General passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for the completion of health formalities (Section 4 (1) (6) PRG), insofar as this information is relevant to the package holiday in question. ASI will provide information on foreign exchange and customs regulations on request. In addition, general information on passport and visa requirements, on health formalities and on 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-aufenthalt/reiseinformation/laender/ - or by EU citizens from their respective representative authorities. It is assumed that a valid passport (e.g. not expired, not reported stolen or lost, etc.) is generally required for travelling abroad and that the traveller is responsible for its validity. Travellers are responsible for complying with the health formalities communicated to them. Unless ASI or a travel agent has agreed to arrange a visa, the traveller is responsible for the validity of the passport and for obtaining any necessary visa.
2.5. ASI shall inform the traveller of the identity of the operating airline in accordance with Art 11 of Regulation 2111/05, provided that this is already known at the time the contract is concluded. If the operating airline has not yet been determined when the contract is concluded, ASI will inform the traveller of the airline that is expected to operate the flight. As soon as the operating airline has been determined or if there is a change in the operating airline after booking, the traveller will be informed as soon as possible.
2.6. Due to the special nature (location, location, region, etc.) of the package tours organised by ASI, special requests from travellers are not possible. Special wishes of the traveller in the sense of customer requests (e.g. location of the room, room with balcony/terrace, catering and dietary requirements (e.g. vegan or vegetarian diet, intolerances), sea view, special requirements for rental bicycles, equipment in general, etc.) are generally non-binding and do not give rise to any legal claim as long as these wishes have not been confirmed by ASI in the sense of a specification of the traveller in accordance with § 6 para. 2 no. 1 PRG. If a confirmation is issued, this constitutes a binding service commitment. The acceptance of customer requests by ASI merely represents a commitment to forward them to the specific service provider or to clarify their fulfilment and is not a legally binding commitment as long as it has not been confirmed by ASI.
2.7. If the traveller does not book directly with ASI (e.g. by visiting a branch, making an enquiry by telephone, e-mail or online on the ASI website etc.), but via a travel agent, the provisions of point 2 of these GTC apply to the travel agent.
2.8. Any traveller can participate in ASI trips and ASI courses who is in good health, meets the requirements stated in the respective trip description and is equipped in accordance with the equipment list. The guides are entitled to exclude from the programme, in whole or in part, any traveller who clearly does not meet these requirements at the beginning of the trip or training course. If ASI saves expenses as a result, these costs will be reimbursed.
2.9. ASI reserves t h e right to refuse participation in the package tour for safety reasons to travellers who, in the opinion of ASI and/or one of its vicarious agents (e.g. airline, hotel, etc.), are not fit to travel or are not suitable for the package tour due to the itinerary, travel destination, etc., or represent a danger to themselves or other participants during the package tour.
3. Authorisations of the travel agent and services booked locally
3.1. In the event that a traveller does not book directly with ASI, the following should be noted: Travel agents are not authorised by ASI to make deviating agreements, provide information or make assurances that change the agreed content of the package travel contract, go beyond the contractually agreed services of ASI or contradict the travel offer. Travel catalogues and internet advertisements that have not been published by ASI are not binding for ASI and its obligation to perform, unless they have been made the subject of the travel offer or the subject of ASI's obligation to perform by express agreement between ASI and the traveller.
3.2. Local services booked with third parties other than ASI or service providers not attributable to ASI are not binding for ASI and its obligation to perform and are not attributed to ASI unless these services have been expressly confirmed/authorised by ASI (see also 20.6.).
4. Obligation of the traveller to provide information and cooperate
4.1. In the event that a traveller does not book directly with ASI, the following must be observed: The traveller must inform ASI - if necessary with the help of a travel agent, if a booking was made through one - of all personal data required and relevant for the package tour (e.g. date of birth, nationality, etc.) and factual information (e.g. planned import/carriage of medication, prostheses, animals, etc.), as well as any knowledge and skills required for the tour(rope and climbing skills, etc.) in good time, completely and truthfully. The traveller must inform ASI of all personal circumstances relating to him/her or his/her fellow travellers (e.g. allergies, food intolerance, no travel experience, etc.) and of his/her or his/her fellow travellers' special needs, in particular of any limited mobility or state of health and other restrictions. the state of health and other restrictions which may be relevant for the preparation of travel offers or for the organisation or execution of a package tour with the services to be agreed (e.g. for hiking trips etc.), if necessary by providing complete qualified proof (e.g. medical certificate).
4.2. Travellers are advised - as the trips are not suitable for persons with reduced mobility - that if they have reduced mobility or other restrictions or special needs as defined in point 4.1. (e.g. need for special medication, regular medical treatment, etc.) that appear likely to impair the realisation of the trip must be clarified with a doctor before booking whether the necessary fitness to travel is given. In the event that the traveller is not able to carry out or continue the trip due to the restriction, or is impaired in the course of the trip (e.g. mountain tour) etc., ASI reserves the right to exclude the traveller. Any additional costs in this connection shall be borne by the traveller.
4.3. If the mobility or health of the traveller is impaired in the period between the conclusion of the contract and the start of the package tour or if other restrictions within the meaning of 4.1 arise during this period, the traveller must informASI of this immediately - whereby the written form is recommended for reasons of proof - so that ASI can decide whether the traveller can continue to participate in the package tour without endangering themselves or their fellow travellers, or whether it is entitled to exclude the traveller and withdraw from the contract. If the traveller does not fulfil their duty to inform and cooperate in full or in good time and ASI declares their withdrawal from the contract, ASI shall be entitled to compensation in accordance with the compensation flat rates.
4.4. The traveller who makes a booking for themselves or a third party (fellow traveller) is deemed to be the client and assumes the obligations arising from the contract with ASI (e.g. payment of the fee; only the client is entitled to withdraw from the contract, etc.) in accordance with Section 7 (2) PRG, unless otherwise agreed (see 1.2.).
4.5. The traveller is obliged to check all contractual documents submitted by ASI (e.g. package travel contract, booking confirmation, vouchers) for factual accuracy of their details/data and for any discrepancies (spelling mistakes; e.g. names, date of birth) as well as incompleteness and, in the event of inaccuracies/discrepancies/incompleteness, to notify ASI immediately for correction - whereby the written form is recommended for reasons of proof. Any additional expenses incurred as a result, if these additional expenses are based on incorrect or inaccurate information provided by the traveller, shall be borne by the traveller, whereby the fee shall be at least € 50 per person.
4.6. In the event that the contractually agreed return transport of the traveller is impossible due to unavoidable and extraordinary circumstances, ASI shall bear the costs for the necessary accommodation for a maximum of three nights. This does not apply to travellers with reduced mobility (as defined in Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights o f disabled persons and persons with reduced mobility when travelling by air) and their fellow travellers, to pregnant travellers, to unaccompanied minors and to travellers requiring special medical care, provided that the aforementioned persons notify ASI of their special needs, which did not exist at the time of booking or of which they did not need to be aware, 48 hours before the start of the trip. In the event that the traveller does not wish to be transported back with ASI due to unavoidable and extraordinary circumstances within the meaning of § 2 (13) PRG, but wishes to remain in the holiday destination, the traveller shall remain at their own risk. ASI is not liable in this case.
4.7. In accordance with § 11 Para. 2 PRG, the traveller must immediately and fully report any lack of conformity of the agreed travel services, including a specific 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. time difference, inability to contact the organiser in the case of expedition travel, etc.) and any associated costs (e.g. inability to contact the organiser in the case of expedition travel, availability of an alternative or replacement/improvement option etc.).This enables the tour operator to rectify the lack of conformity on site - if this is possible or feasible in the individual case - taking into account the respective circumstances (e.g. time difference, inability to contact the organiser in the case of expedition travel, availability of an alternative or replacement/improvement option, etc.) - and any associated costs (e.g. cleaning a replacement room, finding a replacement hotel, etc.). The traveller must inform the accompanying guide of the alleged defect on site or, if no guide isavailable, the local or on-site travel agency. If the traveller does not reach either of these or if they are not available, as this was not part of the service owed, the traveller must report the defect via the telephone number: +43 512 546 000. If the traveller books through a travel agent and a lack of conformity occurs during the business hours of the travel agent, the traveller must report the lack of conformity to the travel agent. The traveller is advised to doso in writing, particularly for reasons of proof. Outside normal business hours the traveller must report any lack of conformity to ASI's local representative or, if such a representative is not available and/or not contractually owed, directly to ASI on the emergency number provided in the package travel contract (travel documents). In the event of failure to report a lack of conformity, this will affect any warranty claims of the traveller if remedial action could have been taken on site and reporting would have been reasonable. Failure to report can also be counted as contributory negligence (§ 1304 ABGB) in accordance with § 12 Para. 2 PRG with regard to claims for damages. Notification of a lack of conformity does not constitute a promise of performance by ASI.
4.8. The traveller is obliged to pay the travel price agreed in the package travel contract in full and on time in accordance with the payment terms. After receipt of the booking confirmation, 20% of the tour price is due immediately as a deposit, the balance is to be paid no earlier than 20 days before the start of the tour. For trips booked at short notice, the full price of the trip must be paid immediately. In the event of late or incomplete down payment or payment of the balance, ASI reserves the right, after issuing a reminder and setting a grace period, to declare cancellation of the contract and to claim any additional compensation, irrespective of the flat-rate compensation due.
4.9. In the event of the assertion and receipt of payments from claims for damages or price reductions within the meaning of § 12 Para. 5 PRG (e.g. compensation payment in accordance with Art. 7 Air Passenger Rights Regulation) or in the event of the receipt of other payments and services from service providers or third parties which are to be offset against the traveller's claims for damages or price reductions against ASI (e.g. payments from the hotel), the traveller must inform the travel agent or ASI of this circumstance completely and truthfully.
4.10. In the event of a breach of contract, the traveller is generally obliged to mitigate damages (§ 1304 ABGB).
5. Insurance
5.1. When travelling on holiday, it is important to note that no valuable items, important documents etc. should be taken with you. In the case of important documents, it is recommended that copies be made and used - insofar as their use is permitted. The theft of valuables cannot be ruled out and must always be borne by the traveller themselves as a realisation of the general risk of life.
5.2. It is recommended to take out insurance (travel cancellation insurance, travel interruption insurance, luggage insurance, travel liability insurance, foreign travel health insurance, delay protection, personal protection, etc.) that provides sufficient cover from the date of the package travel contract until the end of the package tour. Travellers can find more detailed information on insurance policies on the ASI website (www.asi-reisen.de/reiseversicherung; www.asi.at/reiseversicherung).
6. Rebooking
6.1. For ASI's own tours (tour operator is Alpinschule Innsbruck GmbH), rebooking is possible up to 31 days before departure. Later booking changes can only be made by cancelling the existing booking and making a new booking. If a trip organised by ASI (ASI own trip) is rebooked to another trip already published by ASI (price tolerance up to 10% of the original trip price), ASI will charge a one-off processing fee of at least € 50 per person (the processing fee does not apply when booking the ASI flexible rate). If additional costs are incurred by service providers (e.g. airlines for non-refundable flight tickets, ticket agents for non-refundable admission tickets or other service providers for services that cannot be cancelled free of charge), the customer will be charged the actual costs incurred in addition to the rebooking fee.
6.2. If a double room booking is changed (partial cancellation) to only one person, a cancellation invoice will be issued for one person and a single room or single room supplement will be charged for the second person. 6.3. For rebookings of ASI-arranged trips, the rebooking conditions of the arranged service provider apply. In addition, ASI charges a processing fee of € 50,- per booking.
7. Booking/conclusion of contract/down payment
7.1. The package travel contract is concluded between the traveller and ASI if there is agreement on the essential elements of the contract (price, service and date) and the traveller accepts ASI's offer.
7.1.1. Direct booking: The traveller can request a trip directly on the ASI website. The travel contract is concluded when the booking confirmation is sent.
7.1.2. Availability check: If ASI has to check availability etc. based on the traveller's request, the traveller will receive a travel proposal valid for 24 hours. The traveller can then book this trip on the basis of this travel proposal (offer). The travel contract is also concluded in this case upon transmission of the ASI booking confirmation (acceptance). This results in rights and obligations for ASI and for the traveller.
7.2. Unless otherwise agreed, the traveller must transfer a deposit of 20% of the tour price to the account specified in the package travel contract (or to the account specified by the travel agent) immediately after receipt of the package travel contract, but no earlier than 11 months before the end of the package tour.
7.3. If a contract is concluded within 20 days prior to departure, the entire travel price must be transferred immediately upon receipt of the package travel contract to the account specified therein (or to the account specified by the travel agent).
7.4. If the traveller does not meet their payment obligations in accordance with 7.2. or 7.3., ASI reserves the right to withdraw from the contract after issuing a reminder and setting a deadline and to demand compensation in accordance with the compensation flat rates.
8. Package holiday contract
8.1. The traveller shall receive a 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 outside of business premises within the meaning of § 3 Z 1 FAGG, the t r a v e l l e r agrees to receive the copy or confirmation of the package travel contract alternatively on another durable medium (e.g. e-mail).
8.2. Unless otherwise agreed, the traveller will be provided with the booking vouchers, vouchers, tickets and admission tickets, information on the planned estimated departure times and, if applicable, scheduled stopovers, connections and arrival times at the last delivery/contact address provided by the traveller (including email) in good time before the start of the package tour. If the above-mentioned documents/documents contain inaccuracies/discrepancies/incompleteness within the meaning of 4.5, the traveller must contact the travel agent or ASI (see 4.5.).
9. Replacement person
9.1. In accordance with Section 7 PRG, the traveller has the right to transfer the package travel contract to another person who fulfils all contractual conditions and is also suitable for the specific package tour (criteria may include, for example, gender (in the case of rooms shared by the same sex), the (non-)presence of 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 fulfil all contractual conditions or is not suitable for the package tour, ASI may object to the transfer of the contract. ASI must be informed of the transfer of the contract on a durable medium (e.g. paper, e-mail) within a reasonable period of 5 days, but no later than seven days before the start of the holiday. A minimum manipulation fee of € 50 per person is payable for the transfer of the package travel contract, unless additional costs are incurred. The traveller transferring the package travel contract and the person entering into the contract are jointly and severally liable to ASI for the outstanding amount of the travel price and the minimum manipulation fee, as well as for any additional costs incurred.
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 this results in additional costs, these will be charged to the traveller (analogous to § 7 Para. 2 PRG).
10. Price changes before departure
10.1. ASI reserves the right in the package travel contract to make price changes after conclusion of the package travel contract up to 20 days before the start of the package tour at the latest. ASI will inform the traveller of the price increase (including calculation) in a clear, comprehensible and unambiguous manner on a durable medium (e.g. paper, email) at least 20 days before the start of the package tour, stating the reasons.
10.2. Price changes are permitted if the following costs change after conclusion of the contract: 1) Cost of passenger transport due to the cost of fuel or other energy sources; 2) Amount of taxes and duties payablefor the contractually agreed travel services, such as sojourn 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 holiday. Price changes may result in price increases or decreases. With regard to 1) any change in the tour price corresponds to the additional amount charged by the service provider for the bus, train or flight or XX% of the tour price per dollar of the price increase of a barrel of fuel (NY-MEX Index), with regard to 2) any change in the tour price corresponds to the full amount of the fees, with regard to 3) any change in the tour price corresponds to the change in the exchange rates. In the event of price reductions, the traveller will be reimbursed the amount of the price reduction. However, ASI may deduct actual administrative expenses from this amount. At the request of the traveller, ASI will provide evidence of these administrative expenses.
10.3. In the event of an increase of more than 8% of the travel price (as defined by § 8 PRG), 11.4. shall apply. The traveller has the choice of accepting the increase as an amendment to the contract, agreeing to participate in a replacement trip - if this is offered - or withdrawing from the contract without being obliged to pay a flat-rate compensation fee. Insurance premiums already paid cannot be refunded to the traveller.
11. Changes to the service before the start of the trip 6
11.1. ASI may m a k e insignificant changes to services before the start of the trip, provided it has reserved this right in the contract. ASI or the travel agent, if the package tour was booked through such an agent, shall inform the traveller of the changes clearly, comprehensibly and unambiguously on a durable medium (e.g. paper, email) at the address last provided by the traveller.
11.2. Insignificant changes are - whereby this must be checked in each individual case - minor, objectively justified changes that do not significantly change the character and/or the duration and/or the service content and/or the quality of the package holiday booked.
11.3. Significant changes may involve a significant reduction in the quality or value of travel services that ASI is forced to provide if the changes affect essential characteristics of the travel services and/or have an impact on the package tour and/or the travel arrangements. Whether a change or reduction in the quality or value of travel services is significant must be assessed on a caseby-case basis, taking into account the type, duration, purpose and price of the package holiday as well as the intensity, duration and causality of the change and, if applicable, the blameworthiness of the circumstances that led to the change.
11.4. If ASI is forced to make significant changes in accordance with § 9 Para. 2 PRG to the above-mentioned essential characteristics of the travel services that constitute the character and purpose of the package tour (cf. § 4 Para. 1 No. 1 PRG), or if ASI i s unable to fulfil the traveller's requirements that have been expressly confirmed by ASI, or if ASI increases 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 of time determined by ASI, or -agree to participate in an alternative trip if offered by ASI, or -withdraw from the contract without paying compensation. ASI will inform the traveller in the above-mentioned cases about the following points in a clear, comprehensible and unambiguous manner on a durable medium (e.g. paper, e-mail) at the address last provided by the traveller: - the changes to the travel services and, where applicable, their impact on the price of the package holiday - the reasonable period within which the traveller must inform ASI of his decision and the legal effect of not making a declaration within the reasonable period, - if applicable, the package holiday offered as a replacement and its price. The traveller is advised to make their declaration in writing. If the traveller does not submit a declaration within the deadline, this shall be deemed as consent to the changes.
12. Itinerary/changes
12.1. Due to environmental and weather influences (e.g. rain, snow, wind, avalanches, mudslides, etc.), natural disasters (e.g. earthquakes, floods, hurricanes, volcanic eruptions, etc.), border closures, government orders, traffic jams, changes to flight times, terrorist attacks, civil wars, riots, strikes, traffic accidents, interruptions to transport lines, power failures, changes to flight times at short notice, etc., we cannot guarantee that we will be able to fulfil our obligations. In the event of natural disasters (e. g. earthquakes, floods, hurricanes, volcanic eruptions, e t c .), border closures, government orders, traffic jams, changes to flight times, terrorist attacks, civil wars, riots, strikes, traffic accidents, interruptions to transport lines, power failures, short-term changes to opening hours, etc., the advertised or contractually agreed itinerary may be deviated from, stops on the tour may be postponed or brought forward, planned sightseeing may be omitted or changed. In such cases, ASI will endeavor to offer equivalent alternatives or to make up for cancelled parts elsewhere if possible and reasonable.
12.2. ASI guides are - as a rule - state-certified mountain guides or similarly qualified persons according to the respective destinations. The instructions of the guides must be followed at all times. Travellers can find the guide allocation on the homepage at www.asi.at/guides and on the specified travel date. The allocation of guides is not binding - we reserve the right to make changes - and may change at any time for important reasons (without any claim to completeness, e.g. availability, illness, number of participants, family planning, etc.). The traveller is not entitled to a specific guide unless otherwise expressly agreed in writing with the traveller.
12.3. The traveller a g r e e s to observe appropriate usage regulations or restrictions of the service providers when using travel services and to inform the ASI Guide, the agency or ASI Reisen immediately in the event of typical symptoms of illness occurring - this can be done in person or by telephone (ASI emergency number) or in writing.
13. Guarantee
13.1. The contracting parties agree and this is the basis of the contract that the agreed travel services will always be provided by the service providers and ASI Reisen in compliance with and in accordance with the local and regional official regulations and requirements applicable at the time of travel.
13.2. If there is a lack of conformity because an agreed travel service has not been provided or has been provided inadequately (= in breach of contract), ASI shall remedy the lack of conformity, provided that the traveller or their fellow travellers (e.g. family members) do not cause it themselves and/or do not breach their duty to cooperate and/or the traveller does not frustrate the remedy and/or the remedy would not be impossible or involve disproportionate costs. In any case, the traveller must set ASI a reasonable deadline for remedying the lack of conformity, whereby the reasonableness of the deadline shall be determined in each individual case, based on the type/purpose/duration of the package tour, the notified lack of conformity, the time of notification (e.g. late in the evening etc.), as well as the time resources required for replacement procurement, e.g. of an object (relocation etc.) and the type of trip, e.g. mountain tour, location and duration of the package tour: Mountain tour, location and terrain etc. a r e necessary. A deadline must be set vis-à-vis the guide, or if such a guide is not part of the agreed service, vis-à-vis the organizer; representative of ASI on site or, if such a representative is not available and/or not contractually owed, to ASI at the emergency number specified in the package travel contract.
13.3. If the traveller fails to complywiththeir duty of notification in accordance with point 4.7. or their duty to cooperate (e.g. to view an alternative room offered by the tour operator or topack their suitcases for a room change; waiting times at check-in and check-out, etc.) or if they set the tour operator an unreasonably short deadline to remedy the lack of conformity or if they do not support the tour operator within reasonable limits in remedying the lack of conformity or refuse to cooperate to a reasonable extent.If the traveller fails to comply with their contractual obligations (e.g. to view an alternative room offered by the tour operator or to pack their suitcases to change rooms; waiting times at check-in, etc.) or sets the tour operator an unreasonably short deadline to remedy the lack of conformity or does not support the tour operator within reasonable limits in remedying the lack of conformity or refuses, without legal justification, the replacement services offered by the tour operator to remedy the lack of conformity, the traveller must bear the adverse legal consequences (see point 4.7.). It should be noted that defective equipment is generally the responsibility of the traveller. It should also be noted that any rectification must take into account the destination-specific, regional characteristics, e.g. a different sense of time, etc.
13.4. If ASI does not remedy the lack of conformity within a reasonable period of time, the traveller may remedy the situation themselves and demand compensation from ASI for the necessary expenses (see § 11 Para. 4 PRG). The principle of the duty to minimise damage applies, i.e. the damage incurred (e.g. costs for substitute performance) must be kepttoa minimum, whereby the duration, value and purpose of the trip must be taken into account. In addition, an objective view of the lack of conformity must be taken.
13.5. If a significant part of the agreed travel services cannot be provided in accordance with the contract, ASI shall offerthe traveller, at no additional cost, if this is possible due to the circumstances and conditions (on site) (impossibility e.g.if only one hotel in the booked category is available), appropriate other arrangements (replacement service) for the continuation of the package tour, which, if possible, are of equivalent or higher quality than the contractually agreed services; the same shall also apply if the traveller is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by ASI may result in a lower quality of the package tour compared to the contractually agreed services (e.g. half board instead of all-inclusive), ASI shall grant the traveller a reasonable price reduction. The traveller may only reject the proposed other arrangements if they are not comparable with the services agreed in the package travel 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 ASI are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient.
13.6. If the lack of conformity within the meaning of point 11.3. has a significant impact on the performance of the package tour and ASI does not remedy the lack of conformity within a reasonable period set by the traveller, taking into account the circumstances and lack of conformity (see 13.1.), the traveller may withdraw from the package travel contract without payment of compensation and, if necessary, assert claims under warranty and compensation law in accordance with Section 12 PRG, provided that the continuation of the package tour is unreasonable for the average traveller. If the traveller withdraws from the package travel contract, they should be aware that this involves a certain risk, as both the materiality of the effects of the lack of conformity and the reasonableness of continuing the trip must be assessed on a subjective basis (by a judge) and the result of this assessment may differ from the traveller's perception. If no other precautions pursuant to point 13.4. can be offered or if the traveller r e j e c t s the other precautions offered pursuant to point 13.4., the traveller shall be entitled to warranty and compensation claims pursuant to § 12 PRG, even without termination of the package travel contract, in the event of a breach of contract. In the event of refusal, the traveller must demonstrate that the other arrangements offered by ASI are not equivalent/comparable to the contractually agreed services and/or that the price reduction offered is not sufficient. If the transport of persons is part of the package tour, ASI shall also ensure the immediate return transport of the traveller with an equivalent transport service at no additional cost to the traveller in the cases specified in this paragraph.
13.7. If services cannot be provided due to unavoidable and exceptional circumstances and ASI nevertheless does not withdraw from the package tour (cf. 17.1.) but offersreplacement services, any additional costs incurred as a result shall be borne by the traveller. 13.8. In the event that unavoidable and exceptional circumstances exist and the traveller does not accept ASI's offer to return as a result of the trip being cancelled, the additional costs incurred as a result shall be borne by the traveller. In such a case, ASI will no longer assume the costs of the return transport or the traveller will bear the risk of remaining on the trip.
14. Cancellation by the traveller without payment of a flat-rate compensation fee
14.1. The traveller may withdraw from the package travel contract before the start of the package tour - without paying a flat-rate compensation fee - in the following cases:
14.1.1. If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, whereby this must be assessed on a case-by-case basis, taking into account the content of the contract and the impact of the relevant circumstance that entails the risk, which significantly impair the performance of the package tour or the transport of persons to the destination within the meaning of 11.3. If the traveller withdraws from the contract in such cases, he/she is entitled to a full refund 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 point 11.4.
14.1.3. If the traveller has booked an ASI flexible rate in addition to an ASI own trip (tour operator is Alpinschule Innsbruck GmbH), cancellation is possible free of charge up to the 31st day before the start of the trip. From the 30th day before the startofthetrip,the compensation flat rates listed under 15 apply.
14.1.4. Cancellation must be declared to ASI - whereby the written form is recommended for reasons of provability.
15. Cancellation by the traveller subject to payment of a flat-rate compensation fee
15.1. The traveller is entitled to withdraw from the contract at any time against payment of a flat-rate compensation fee (cancellation fee). Cancellation must be declared to ASI in writing. If the package tour was booked through a travel agent, the cancellation can also be declared in writing to the travel agent. The traveller must declare the cancellation on a durable medium (e.g. paper, email).
15.2. The compensation lump sum is a percentage of the travel price and the amount depends on the time of the cancellation notice and the expected saved expenses and income from other use of the travel services. If the flat-rate compensation is unreasonable, it may be reduced by the court.
15.3. Depending on the type of package holiday, the following compensation flat rates apply per person:
up to 31 days before departure 25%
from the 30th day before departure 40%
from the 24th day before the start of the journey 50%
from the 17th day before the start of the journey 60%
from the 10th day before the start of the journey 80%
from the 3rd day before departure 90%
from the 1st day before departure until the day of departure or in case of no-show 100% cancellation
conditions for cruises:
up to the 84th day before the start of the trip 20%
from the 83rd day before the start of the trip 30%
from the 41st day before the start of the trip 60%
from the 27th day before the start of the trip 80%
from the 3rd day before the start of the trip 90%
from the 1st day before departure until the day of departure or in case of non-commencement of the journey 100% cancellation.
Please also note that different cancellation conditions apply to individual offers/services. These are indicated separately in the offer and travel confirmation. The terms and conditions of the respective tour operator (e.g. TUI Deutschland GmbH etc.) or the respective service provider (e.g. airline) apply to arranged trips.
16. No-show
16.1. A no-show exists if the traveller fails to depart because he/she lacks the will to travel or if he/she fails to depart due to an act attributable to him/her or due to a coincidence that has happened to him/her. If it is also clear that the traveller can no longer or no longer wishes to make use of the remaining travel services, they must pay the following flat-rate compensation: 100% of the travel price.
17. Cancellation by the tour operator before the start of the trip
17.1. ASI may withdraw from the package travel contract before the start of the package tour if ASI is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances and the declaration of withdrawal is received by the traveller at the last delivery/contact address provided by the traveller without delay, at the latest before the start of the package tour (see § 10 Para. 3 lit b PRG).
17.2. ASI may withdraw from the package travel contract before the start of the package tour if fewer persons than the minimum number of participants specified in the contract have registered for the package tour and ASI's notice of withdrawal is sent to the traveller at the last delivery/contact address specified by the traveller within the period specified in the contract, at the latest, however: a. 20 days before the start of the package holiday for trips of more than six days, b. 7 days before the start of the package holiday for trips between two and six days, c. 48 hours before the start of the package holiday for trips lasting less than two days (see Section 10 (3) (a) PRG).
17.3. If ASI cancels the package travel contract in accordance with 17.1. or 17.2., ASI shall reimburse the traveller the price of the trip but shall not be liable to pay any additional compensation.
18. Cancellation by ASI after the start of the package tour
18.1. ASI shall be released from the fulfilment of the contract without obligation to refund the tour price if the traveller impairs the performance of the package tour through grossly improper behaviour (e.g. alcohol, drugs, non-compliance with a smoking ban, non-compliance with certain dress regulations, e.g. when visiting religious sites or eating meals, criminal behaviour, disruptive behaviour towards fellow travellers, non-compliance with the tour guide's instructions, e.g. regular meals, etc.).e.g. when visiting religious sites or eating meals, criminal behaviour, disruptive behaviour towards fellow travellers, non-compliance with the tour guide's instructions, e.g. regular lateness, etc.), regardless of a warning, so that the itinerary or fellow travellers are disturbed. 10 be disturbed and hindered to an extent that is likely to impair the holiday relaxation of third parties or fellow travellers or to frustrate the purpose of the trip. In such a case, the traveller is obliged to compensate ASI for the damage.
18.2. If exceptional and unavoidable circumstances arise during the trip, ASI may cancel the trip or change the itinerary. If the traveller refuses to travel back with ASI in the event of the trip being cancelled, the traveller shall remain at their own risk and expense.
19. General life risk of the traveller
19.1. A package holiday usually involves a change in the familiar environment. An associated realisation of the traveller's general life risk such as (without claiming to be exhaustive) stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid and muggy climate), digestive problems (e.g. due to unfamiliar spices, food, etc.), unavailability of special dietary requirements or a reduced choice of food (e.g. vegan or vegetarian food) and/or a realisation of any risk associated with the trip such as (without claiming to be exhaustive) ear problems (e.g. due to a humid and muggy climate). The traveller is not responsible for any digestive problems (e.g. due to unfamiliar spices, food, etc.), unavailable special dietary requirements or a reduced choice of food (e.g. vegan or vegetarian food) and/or the realisation of any risks associated with the trip, such as (without claiming to be exhaustive) earaches on diving trips, altitude sickness on trips to high altitudes, seasickness on cruises, problems with altitude and exposed paths, a head for heights or surefootedness and much more, and are not attributable to ASI.
19.2. All trips and courses are carefully prepared by ASI. However, ASI cannot guarantee summits or subjectively imagined travel successes. Many of the trips and courses offered by ASI are characterised by a touch of adventure, risk and uncertainty. This is not least what makes them so appealing. However, travellers should bear this in mind before booking and participate with this in mind. ASI is certain that travellers will then have fond memories of the trip they have booked. For all courses, guided tours, treks, bike tours and expeditions, it should be noted that there is an increased risk of accidents and injuries, especially in mountain sports (danger of falling, avalanches, falling rocks, falling into crevasses, altitude sickness, cold damage, etc.), which cannot be completely reduced or excluded even with the careful and attentive care of the guides employed by ASI. It should also be noted that in the mountains, especially in remote regions, rescue and/or medical treatment options may only be available to a very limited extent due to technical or logistical difficulties, meaning that even minor injuries or incidents can have serious consequences. A considerable degree of personal responsibility and prudence, adequate tour preparation and an increased willingness to take risks are required of every participant. It is therefore strongly recommended that travellers familiarise themselves intensively (e.g. by studying the relevant alpine specialist literature) with the requirements and risks that may be associated with the programme they have booked. For all trips outside the Alpine region, participation in the mountaineering part of the travel programme is on an independent mountaineering basis. Depending on the tour destination (e.g. expeditions and trekking tours), the actual mountain ascent may not be part of the contractually agreed travel service in accordance with the respective tour description. ASI's extra-alpine tours often lead to remote and undeveloped, sometimes extremely wild regions with a correspondingly reduced infrastructure and occasionally difficult weather conditions. Even in these areas, however, local means of transport such as aeroplanes, buses, ferries and/or other vehicles have to be used, which in some cases do not meet European safety standards, but for which there are no alternatives. This can sometimes result in considerable transport risks over which ASI has no influence. In this respect, too, the traveller must therefore be prepared to takea corresponding level of risk. Should travellers have any questions about the potential dangers and risks of a trip, please contact ASI before concluding the travel contract.
19.3. If the traveller does not make use of services that have been duly offered to him for the above-mentioned reasons or if he declares his withdrawal from the contract for such a reason, he is not entitled to assertwarranty claims or reclaim parts of travel services that have not been used.
20. Liability
20.1. If ASI or service providers attributable to it culpably breach the obligations incumbent on ASI arising from the contractual relationship with the traveller, ASI shall be obliged to compensate the traveller for the resulting damage.
20.2. ASI is not liable for personal injury, property damage and financial loss suffered by the traveller in connection with booked services, provided that they
20.2.1. constitute a realisation of the general life risk of the traveller or of any general risk associated with the package tour which falls within the sphere of the traveller (cf. 19.)
20.2.2. are attributable to the fault of the traveller;
20.2.3. are attributable to a third party who is 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 exceptional circumstances.
20.3. The traveller is liable for property damage and financial loss suffered by the traveller that is attributable to unforeseeable and/or unavoidable circumstances that ASI could not have anticipated, provided that ASI is not at fault.
20.4. In the case of trips with special risks (e.g. mountain hiking, adventure trips, expeditions), ASI shall not be liable for the consequences arising in the course of the realisation of the risks if this occurs outside the scope of ASI's obligations. ASI's obligation to carefully prepare the package tour and to carefully select the persons and companies commissioned to provide the individual travel services remains unaffected.
20.5. The traveller must comply with laws and regulations, as well as instructions and orders from the guide or local staff, as well as commands and prohibitions (e.g. climbing bans due to nature conservation restrictions or warnings, swimming bans, diving bans, etc.). In the event of non-compliance by the traveller, the tour operator shall not be liable for any resulting personal injury or property damage to the traveller or personal injury or property damage to third parties.
20.6. ASI shall not be liable for the provision of a service which has not been promised by ASI or which has been booked by the traveller himself/herself on site with third parties or service providers not attributable to ASI after the start of the trip.
20.7. Travellers are advised not to take any items of particular value with them. Furthermore, it is recommended that the items taken along are properly stored or insured (see 5.1.). 20.8. 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 restrict the scope of compensation or the conditions under which a provider of a travel service covered by the package travel contract must pay compensation, these restrictions also apply to ASI (cf. § 12 para. 4 PRG).
21. Assertion of claims
21.1. In order to facilitate the assertion and verification of alleged claims, the traveller is advised to obtain written confirmation of the non-provision or defective provision of services or to secure receipts, evidence and witness statements.
21.2. Warranty claims can be asserted within 2 years. Claims for damages expire after 3 years. 21.3. In the interests of the traveller, it is advisable to assert claims in writing directly with ASI or via the travel agent immediately after returning from the package tour, either in full and with specific details, as increasing delays can lead to difficulties in providing evidence.
22. Delivery - electronic correspondence
22.1. The last address provided to ASI (e.g. e-mail address) shall be deemed to be the traveller's delivery/contact address. The traveller must notify ASI of any changes without delay. The traveller is advised to do so in writing.
23. Provision of information to third parties
23.1. Information about the names of tour participants and the whereabouts of travellers will not be provided to third parties, even in urgent cases, unless the traveller has expressly requested the provision of information and the authorised party is disclosed at the time of booking. The costs arising from the transmission of urgent messages shall be borne by the traveller. Travellers are therefore advised to inform their relatives of their exact holiday address.
24. Travel insolvency insurance
Europäische Reiseversicherung AG, Kratochwjilestr. 4, 1220 Vienna, tel. no. +43 1 317 25 00, fax no. +43 1 319 93 67) shall act as the liquidator in the event of the organiser's insolvency. All claims must b e registered with the liquidator within 8 weeks of the occurrence of insolvency, otherwise the claim will be forfeited. The guarantor is Bank für Tirol und Vorarlberg AG, Stadtforum, 6020 Innsbruck. (Bank guarantee no. 19922 dated 9 November 2000).
25. General information
The place of fulfilment is Natters/Innsbruck. Austrian law shall apply, excluding the conflict of laws rules. All information is correct as of September 2018 and has been entered in the register of the Federal Ministry of Economics and Labour under registration number 1998/0089. Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid or effective provision that comes as close as possible to the economic purpose of the invalid provision.
Status: October 2025