General terms and conditions

Terms & Conditions

Terms of contract
1. Alpinschule Innsbruck GmbH (idF ASI) acts as a tour operator with its services. The trips organized and hosted by ASI are based on the travel conditions, which form part of the offer and the basis of the travel contract to be concluded.
2. The general terms and conditions are deemed to have been agreed if they were transmitted - before the traveler is bound to a contract by a contractual declaration - or if the traveler was able to view their content. They supplement the package travel contract concluded with the traveler. If the traveler books for third parties (fellow travelers), he thereby confirms that he has been authorized by these third parties to obtain an offer for them, to agree on the general terms and conditions for them and to conclude a package travel contract for them. The traveler who makes a booking for himself or for a third party is therefore considered the client and assumes the obligations arising from the contract with ASI (payments, withdrawal from the contract) within the meaning of Section 7 Paragraph 2 PRG, unless another agreement is made etc.).
3. The catalog and the homepage www.asi-reisen.de; ASI's www.asi.at serves as a mere advertising medium. The package tours and other services presented therein do not constitute offers unless this has been pointed out in individual cases (see 2.2.). The current version at the time the contract is concluded applies to the trip and the basis of the travel contract.
4. Unless otherwise advertised, the trips offered and carried out by ASI are not suitable for people with reduced mobility due to the nature of the implementation and their nature.
5. Unavoidable and extraordinary or unforeseeable circumstances are incidents/events/conditions beyond the sphere/control of the person who invokes them and whose consequences could not have been avoided even if all reasonable precautions had been taken (e.g. acts of war, serious impairments of the... 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 Section 2 Paragraph 12 PRG).
6. The Package Travel Act and the General Terms and Conditions do not apply to package travel contracts that are concluded on the basis of a general agreement on the organization of business trips (e.g. framework agreement) between two entrepreneurs.
Responsibilities of the tour operator
1. Based on the traveler's information, ASI creates travel suggestions for the traveler or travel suggestions are available on ASI's website www.asi-reisen.de; www.asi.at can be viewed and accessed. These are non-binding and therefore – unless otherwise marked – they are not yet offers within the meaning of Section 4 PRG. If no travel suggestions can be created based on the traveler's information (no variants, no services, etc.), ASI will inform the traveler of this. The travel suggestions are based on the traveler's information or input in the inquiry/booking mask, which is why incorrect and/or incomplete information provided by the traveler - due to a lack of information from the traveler - can form the basis of the travel suggestions. When creating travel suggestions, for example (without any claim to completeness), the amount of the price, the service provider's expertise, discounts, the best price principle and other things can only be used as parameters.
2. If the traveler has a specific interest in one of the travel suggestions made to him by the tour operator, then ASI will create a travel offer based on the travel suggestion in accordance with the requirements of Section 4 PRG, insofar as these are relevant to the trip. If necessary, based on the specific request on ASI's website, a bookable offer will be created for the traveler based on the information and brought to the traveler's attention, which he or she can book immediately. If this is not the case, ASI will create a travel offer. A travel offer created by ASI at the request of the traveler binds ASI for a maximum of 24 hours. Changes to the pre-contractual information contained in the travel offer due to changes in prices or services are possible provided that ASI has reserved the right to do so in the travel offer, ASI informs the traveler clearly, understandably and clearly about the changes before the package travel contract is concluded and the changes are in agreement between the traveler and ASI be carried out (see Section 5 Paragraph 1 PRG).
3. ASI advises and informs the traveler based on the information provided to ASI by the traveler. ASI presents the package tour requested by the traveler to the best of its knowledge, taking into account the customary conditions of the respective country/destination as well as taking into account any special features associated with the package tour (e.g. expedition trips). It should be taken into account that the packages offered by ASI are Package tours are trips that, on the one hand, place physical demands on the traveler, but on the other hand, the implementation is dependent on the weather and therefore, taking into account the characteristics of the respective country, changes to the itinerary may occur. There is no obligation to provide information about generally known circumstances (e.g. topography, climate, flora and fauna of the traveler's desired destination, etc.) unless, depending on the type of package tour, there are circumstances that require separate explanation or if no explanation is given about the circumstances required for the provision and the process or implementation of the services to be agreed. Basically, it must be taken into account that the traveler consciously chooses a different environment and that the standard, the furnishings, the food (especially spices) and hygiene are based on the respective regional standards/criteria that are usual for the country/destination. In addition, the traveler has the opportunity to obtain further information on the customary local conditions, in particular with regard to the location, location and standard (national 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.
4. ASI informs the traveler in accordance with Section 4 PRG before the traveler is bound to a package travel contract through a contractual declaration:
  1. About the existence of a package tour using a standard information sheet in accordance with Section 4 Paragraph 1 PRG. In addition, the standard information sheet for package tours can generally be viewed on the ASI website (www.asi-reisen.de; www.asi.at).
  2. About the information listed in Section 4 Paragraph 1 PRG, provided that it is relevant to the package tour to be agreed and is necessary for the implementation and provision of services (e.g. exercise, condition, requirements, etc. required, provided that 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).
  3. About the general passport and visa requirements of the destination country, including the approximate deadlines for obtaining visas and for completing health formalities (Section 4 Paragraph 1 Z 6 PRG), provided that this information is relevant to the package tour in question. Upon request, ASI will provide information about foreign exchange and customs regulations. In addition, general information on passport and visa requirements, health formalities as well as foreign exchange and customs regulations for travelers with Austrian citizenship can be obtained by selecting the desired destination country at https://www.bmeia.gv.at/reise-urlaub/reiseinformation/laender / – or from EU citizens from their respective representative authorities. It is assumed that travel abroad generally requires a valid passport (e.g. not expired, not reported stolen or lost, etc.), for whose validity the traveler is responsible. The traveler is responsible for complying with the health formalities communicated to him. Unless ASI or a travel agent has agreed to obtain a visa, the traveler is responsible for the validity of the passport and obtaining the necessary visa.
5. ASI informs the traveler in accordance with Article 11 of Regulation 2111/05 about the identity of the operating airline, provided this is already established when the contract is concluded. If the operating airline has not yet been determined when the contract is concluded, ASI will inform the traveler about 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 traveler will be informed as quickly as possible.
6. Due to the special nature (location, location, region, etc.) of the package tours organized by ASI, the special requests of travelers are not possible. Special wishes of the traveler in the sense of customer wishes (e.g. location of the room, room with balcony/terrace, food and dietary requirements (e.g. vegan or vegetarian diet, intolerances), sea view, special requirements for rental bicycles, equipment in general, etc.) are fundamental 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 from the traveler in accordance with Section 6 Paragraph 2 Z 1 PRG. If confirmation is given, there is a binding commitment to performance.
  The inclusion of customer requests by ASI merely represents a promise to forward them to the specific service provider or to clarify whether they can be fulfilled and is not a legally binding promise as long as it has not been confirmed by ASI.
7. If the traveler does not book directly with ASI (e.g. by visiting the branch, inquiring by telephone, email or online on the ASI website, etc.), but rather through a travel agent, the provisions in accordance with point 2 of these General Terms and Conditions apply.
8. Any traveler who is healthy, can meet the requirements stated in the respective travel description and is equipped according to the equipment list can take part in ASI trips and ASI courses. At the beginning of the trip or training course, the guides are entitled to completely or partially exclude from the program a traveler who clearly does not meet these requirements. To the extent that this saves ASI expenses, these costs will be reimbursed.
9. ASI reserves the right to deny travelers who, in the opinion of ASI and/or one of its vicarious agents (e.g. airline, hotel, etc.) are unfit to travel or are not suitable for the package tour due to the itinerary, travel destination, etc., or pose a risk for themselves or other participants during the package tour, to refuse participation in the package tour for safety reasons.
Powers of the travel agent and services booked on site
1. In the event that a traveler does not book directly with ASI, the following should be noted: Travel agents are not authorized by ASI to make deviating agreements, provide information or make assurances that change the agreed content of the package travel contract beyond what was contractually agreed ASI's services go beyond or contradict the travel offer. Travel catalogs and internet advertisements that were not published by ASI are not binding for ASI and its obligation to provide services, unless they have been made the subject of the travel offer or the content of ASI's obligation to provide services by express agreement between ASI and the traveler.
2. On-site services booked with third parties from service providers other than ASI or not attributable to ASI are not binding for ASI and its obligation to provide services and will not be attributed to them unless these services have been expressly confirmed/authorized by ASI (see also June 20).
The traveler's obligation to provide information and cooperate
1. In the event that a traveler does not book directly with ASI, the following must be noted: The traveler must provide ASI - if necessary with the help of a travel agent if the booking was made through one - with all personal information required and relevant for the package tour (e.g. date of birth, nationality, etc .) to communicate data and relevant information (e.g. planned importation/taking of medication, prostheses, animals, etc.), as well as any knowledge and skills required for the implementation (ropes, climbing skills, etc.) in a timely, complete and truthful manner. The traveler has ASI about all circumstances concerning himself or his fellow travelers (e.g. allergies, food intolerance, no travel experience, etc.) and about his or the special needs of his fellow travelers, in particular about limited mobility or the state of health and other restrictions , which may be relevant for the creation of travel offers or for the implementation of a package tour with the agreed services (e.g. hiking trips, etc.), if necessary with the provision of complete, qualified evidence (e.g. medical certificate), in to take notice.
2. It is recommended that the traveler - as the trips are not suitable for people with limited mobility - if they have limited mobility or other restrictions or special needs within the meaning of point 4.1. (e.g. the need for special medication, regular medical treatments, etc.) that appear likely to affect the execution of the trip should be checked with a doctor before booking to determine whether the necessary ability to travel is given. In the event that the traveler is unable to carry out or continue the trip due to the restriction, or if the process is impaired (e.g. mountain tour), etc., ASI reserves the right to exclude the traveler. The traveler is responsible for any additional costs in this context.
3. If there is a restriction in the traveler's mobility or health in the period between the conclusion of the contract and the start of the package trip, or if other restrictions within the meaning of 4.1 arise during this period, the traveler must inform ASI of this immediately - although written form is recommended for reasons of proof. so that he can decide whether the traveler can continue to take part in the package tour without endangering himself or his fellow travelers, or whether he is entitled to exclude the traveler and withdraw from the contract. If the traveler does not fully or timely comply with his obligation to provide information and cooperate and declares to ASI that he is withdrawing from the contract, ASI is entitled to compensation in accordance with the flat rate compensation.
4. The traveler who makes a booking for themselves or third parties (fellow travelers) is considered the client and, in accordance with Section 7 Paragraph 2 PRG, assumes the obligations arising from the contract with ASI (e.g. payment of the fee) in accordance with Section 7 Paragraph 2 PRG, unless another agreement is made ; only the client is entitled to withdraw from the contract, etc.) (see 1.2.).
5. The traveler is obliged to check all contractual documents transmitted by ASI (e.g. package travel contract, booking confirmation, vouchers, vouchers) for the factual accuracy of his information/data and for any discrepancies (spelling errors; e.g. names, date of birth) as well as incompleteness and in the event of any inaccuracies/ Any discrepancies/incompleteness should be reported to this ASI immediately for correction - whereby the written form is recommended for evidentiary reasons. The traveler must bear any additional expense that may arise if this additional expense is based on false or incorrect information provided by the traveler; the fee is at least €50 per person.
6. In the event that the contractually agreed repatriation of the traveler is impossible due to unavoidable and exceptional circumstances, ASI will bear the costs of the necessary accommodation for a maximum of three nights. This does not apply to passengers with reduced mobility (as defined in Article 2(a) of Regulation (EC) No 1107/2006 on the rights of disabled passengers and passengers with reduced mobility) and their accompanying passengers, to pregnant passengers, to unaccompanied minor travelers and to Travelers who require special medical care, provided that the named persons inform ASI of their special needs, which did not exist at the time of booking or were not yet known to them, 48 hours before the start of the trip. In the event that the traveler does not want to be transported back with ASI in the event that the trip is canceled by ASI due to unavoidable and exceptional circumstances within the meaning of Section 2 (13) PRG, but wants to remain in the holiday country, the traveler remains on his own Risk. ASI assumes no liability in this case.
7. In accordance with Section 11 Paragraph 2 PRG, the traveler must immediately and completely report any non-conformity of the agreed travel services that he perceives, including a specific description of the non-conformity/defect, so that the tour operator can be put in a position to correct the non-conformity - if this is the case is possible or feasible in each individual case - taking into account the respective circumstances (e.g. time difference, impossibility of contacting during an expedition trip, existence of an alternative or an exchange/improvement possibility, etc.) - and the possible effort involved (e.g. cleaning a replacement room, finding a replacement hotel, etc.). .), to be corrected on site. The traveler must report the alleged defect to the accompanying guide on site; if there is no such defect, to the local travel agency. If the traveler does not reach both or if they are not available because one was not part of the service owed, the traveler must report the defect via telephone number: +43 512 546 000. If the traveler books through a travel agent and a non-conformity occurs during the travel agent's business hours, the traveler must report the non-conformity to the travel agent. It is recommended that the traveler use the written form, particularly for reasons of proof. Outside normal business hours, the traveler must report any non-conformity to the ASI representative on site or, if such a representative does not exist and/or is not contractually owed, directly to ASI using the emergency number provided in the package travel contract (travel documents). In the event of failure to report a non-conformity, this will have an impact on any warranty claims of the traveler, if remedial action was possible on site and reporting would have been reasonable. In accordance with Section 12 Paragraph 2 PRG, failure to report can also be counted as contributory negligence (Section 1304 ABGB) with regard to claims for damages. A report of a non-conformity does not result in ASI's commitment to performance.
8. The traveler is obliged to pay the travel price agreed within the scope of the package travel contract on time and in full in accordance with the payment terms. After receiving the booking confirmation, 20% of the travel price is due immediately as a deposit; the remaining payment must be paid no earlier than 20 days before departure. For trips booked at short notice, the travel price must be paid in full immediately. In the event that the down payment or final payment is not made on time or in full, ASI reserves the right, after issuing a reminder and setting a grace period, to withdraw from the contract and, regardless of the flat rate compensation incurred, to claim any additional damages.
9. In the event of asserting and receiving payments from claims for damages or price reductions within the meaning of Section 12 Paragraph 5 PRG (e.g. compensation payment in accordance with Article 7 of the Air Passenger Rights Regulation) or in the event of receiving other payments and services from service providers or third parties, the traveler is entitled to If the traveler's claims for damages or price reductions against ASI are to be taken into account (e.g. payments from the hotel), the travel agent or ASI must be fully and truthfully informed of this circumstance.
10. If a breach of contract occurs, the traveler is generally obliged to mitigate damages (§ 1304 ABGB).
Insurance
1. When traveling on vacation, it is important to remember that no valuable items, important documents, etc. should be taken with you. For important documents, it is recommended to make and use copies – where their use is permitted. Theft of valuables cannot be ruled out and must generally be borne by the traveler himself as a general risk to life.
2. It is recommended to take out insurance (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, international travel health insurance, delay protection, personal protection, etc.) which guarantees sufficient coverage from the date of the package travel contract until the end of the package trip. The traveler can find further information about insurance on the ASI website (www.asi-reisen.de/reiseversicherung; www.asi.at/reiseversicherung).
Rebooking
1. For ASI own trips (the tour operator is Alpinschule Innsbruck GmbH), rebooking is possible up to the 31st day before the start of the trip. Later booking changes can only be made by canceling the existing booking and making a new booking. If you rebook a trip organized by ASI (ASI own trip) to another own trip already published by ASI or to a different date of the same trip (price tolerance of up to 10% of the original travel 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 Flex tariff). If additional costs are incurred by service providers when rebooking (e.g. airlines for non-refundable flight tickets, card brokers for non-refundable tickets or other service providers for services that cannot be canceled free of charge), the customer will be charged the actual costs incurred in addition to the rebooking fee.
2. When rebooking trips arranged by ASI, the rebooking conditions of the arranged service provider apply. In addition, ASI charges a processing fee of €50 per booking.
Booking/conclusion of contract/deposit
1. The package travel contract is concluded between the traveler and ASI if there is agreement on the essential contractual components (price, service and date) and the traveler accepts ASI's offer.
  1. Direct booking: The traveler can request a trip directly on the ASI website. The travel contract is concluded upon transmission of the booking confirmation.
  2. Availability check: If ASI has to check availability etc. due to the traveler's request, the traveler will usually receive a travel suggestion that is valid for 24 hours. The traveler can then book this trip based on this travel suggestion (offer). In this case, the travel contract is also concluded upon transmission of the ASI booking confirmation (acceptance).
    This creates rights and obligations for ASI and the traveler.
2. Unless otherwise agreed, the traveler is entitled to make a deposit of 20% of the travel price to the account specified in the package travel contract (or to the account specified by the travel agent) immediately upon receipt of the package travel contract, but no earlier than 11 months before the end of the package tour transfer.
3. If a contract is concluded within 20 days before departure, the entire travel price must be transferred immediately to the account specified there (or to the account specified by the travel agent) upon receipt of the package travel contract.
4. If the traveler meets his payment obligations in accordance with 7.2. or 7.3. does not comply, ASI reserves the right, after issuing a reminder with a deadline, to withdraw from the contract and to demand compensation in accordance with the flat rate compensation.
Package travel contract
1. When concluding a package travel contract or immediately thereafter, the traveler receives a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, email). If the package travel contract is concluded in the simultaneous presence of the contracting parties, the traveler is entitled to a paper version. For contracts concluded outside of business premises within the meaning of Section 3 Z 1 FAGG, the traveler agrees to alternatively have the copy or confirmation of the package travel contract made available on another durable data medium (e.g. email).
2. Unless otherwise agreed, the traveler will receive the booking receipts, vouchers, transport passes and entry tickets, as well as information on the planned expected departure times and, if necessary, at the last delivery/contact address (including e-mail) provided by him in good time before the start of the package tour Stopovers, connecting connections and arrival times are provided. If the documents/documents just mentioned contain inaccuracies/deviations/incompleteness within the meaning of 4.5. the traveler must contact the travel agent or ASI (see 4.5.).
substitute person
1. According to Section 7 PRG, the traveler has the right to transfer the package travel contract to another person who fulfills all contractual conditions and is also suitable for the specific package trip (criteria can include, for example, gender (in the case of rooms shared by the same sex), the (non-)existence of pregnancy, the state of health, required vaccinations/adequate vaccination protection, special knowledge and skills, visas, valid entry documents, non-existence of an entry ban, etc.). If the other person does not meet all of the contractual conditions or is not suitable for the package tour, ASI can object to the transfer of the contract. ASI must be informed of the transfer of the contract on a durable medium (e.g. paper, email) within a reasonable period of 5 days, but no later than seven days before the start of the trip.
  A minimum handling fee of €50 per person must be paid for the transfer of the package travel contract, unless additional costs arise. The traveler who transfers 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 handling fee, as well as for any additional costs incurred beyond this.
2. Many airlines or other carriers or service providers treat changes to travel dates or traveler names as cancellations and charge accordingly. If additional costs arise, these will be invoiced to the traveler (analogous to Section 7 Paragraph 2 PRG).
Price changes before the start of the trip
1. In the package travel contract, ASI reserves the right to make price changes after conclusion of the package travel contract up to 20 days before the start of the package travel at the latest. ASI will inform the traveler of the price increase (including calculation) clearly, comprehensibly and clearly on a durable medium (e.g. paper, email) at the address last provided by him, stating the reasons, no later than 20 days before the start of the package tour.
2. Price changes are permitted if the following costs change after the conclusion of the contract:
  1) costs for passenger transport as a result of the costs of fuel or other energy sources;
  2) Amount of taxes and duties payable for the contracted travel services, such as residence fees, landing fees, embarkation or disembarkation fees at ports, corresponding fees at airports and fees for services at ports or airports;
  3) the exchange rates applicable to the package holiday.
  Price changes may result in price increases or price decreases. With regard to 1) any change in the travel price corresponds to the additional amount charged by the service provider for bus, train or flight or XX% of the travel price per dollar of the increase in the price of a barrel of fuel (NY-MEX index), with regard to 2) any change in the travel price corresponds to the full amount Amount of fees, regarding 3), any change in the travel price corresponds to the change in exchange rates.
  In the event of price reductions, the traveler will be refunded the amount of the price reduction. However, ASI can deduct actual administrative expenses from this amount. At the traveler's request, ASI will provide documentation of these administrative expenses.
3. In the event of an increase of more than 8% of the travel price (as defined in Section 8 PRG) 11.4. for application. The traveler has the choice of accepting the increase as a change to the contract, agreeing to take part in a replacement trip - if this is offered - or withdrawing from the contract without being obliged to pay a flat rate compensation. Insurance premiums that have already been paid cannot be refunded to the traveler.
Changes to the service before the start of the trip
1. ASI may make insignificant changes to services before the start of the trip, provided that it has reserved this right in the contract. ASI or the travel agent, if the package tour was booked through one, will inform the traveler about the changes clearly, comprehensibly and clearly on a durable medium (e.g. paper, email) at the address last provided by him.
2. Insignificant changes are - although this must be checked on a case-by-case basis - 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 booked package holiday.
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 travel processing. Whether a change or reduction in the quality or value of travel services is significant must be determined in each individual case, taking into account the type, duration, purpose and price of the package trip as well as the intensity and duration as well as the cause of the change and, if necessary, the The reprehensibility of the circumstances that led to the change must be assessed.
4. Is ASI forced to make significant changes in the above-mentioned sense of the essential characteristics of the travel services that make up the character and purpose of the package tour (see Section 4 Paragraph 1 Z 1 PRG) in accordance with Section 9 Paragraph 2 PRG or can the traveler's specifications be made by ASI has expressly confirmed that the traveler does not meet the total price of the package tour or increases the total price of the package tour by more than 8% in accordance with the provisions of Section 8 PRG, the traveler can - within a reasonable
  period of time set by ASI - agree to the proposed changes or - to take part in a replacement trip agree, if offered by ASI, or
  withdraw from the contract without paying any compensation.
  In the cases just mentioned, ASI will inform the traveler about the following points at the address last provided by him, clearly, comprehensibly and clearly on a durable medium (e.g. paper, email):
  - the changes to the travel services and, if applicable, their effects on the price the package holiday
  - the reasonable period within which the traveler must inform ASI of his decision, as well as 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 traveler is recommended to make his declaration in writing. If the traveler does not provide a declaration within the deadline, this is deemed to be acceptance of the changes.
Itinerary/Changes
1. Due to, for example (without claim to completeness) 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 in transport lines, power outages, short-term changes in opening times, etc., the advertised or contractually agreed route may be deviated from, stops on the tour may be postponed or brought forward, and planned sightseeing may be omitted or changed. In these cases, ASI endeavors to offer equivalent alternatives or to make up missing parts elsewhere if possible and sensible.
2. ASI guides are – as a rule – state-certified mountain guides or similarly qualified people for the respective destinations. The instructions of the guides must be strictly followed. Travelers can find the guide classification on the homepage at www.asi.at/guides and on the specified travel date. The classification of the guides is not binding - we reserve the right to make changes - and can change at any time for important reasons (without any claim to completeness, e.g. availability, illness, number of participants, family planning, etc.). The traveler is not entitled to a specific guide unless something else has been expressly agreed with the traveler in writing.
3. The traveler agrees to observe appropriate usage regulations or restrictions of the service providers when using travel services and to notify 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.
Warranty
1. The contracting parties agree, and this is the basis for the transaction, 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.
2. If there is a non-conformity because an agreed travel service was not provided or was provided inadequately (=in breach of contract), ASI will remedy the non-conformity provided that the traveler or his fellow travelers (e.g. family members) do not cause it themselves and/or do not violate their obligations to cooperate and/or remedy the situation is not thwarted by the traveler and/or remediation would not be impossible or involve disproportionate costs. In any case, the traveler must set ASI a reasonable deadline for remedying the lack of conformity, whereby the appropriateness of the deadline depends on the individual case, based on the type/purpose/duration of the package trip, the reported lack of conformity, the time of notification (e.g. late in the evening, etc.), as well as the necessary time resources that are necessary for the replacement of an object, for example (moving, etc.) as well as the type of trip, for example: mountain tour, location and terrain, etc., must be assessed. A deadline must be set to the guide, or if such a time limit is not part of the agreed service, to the ASI representative on site, or, if such a representative does not exist and/or is not contractually owed, to ASI on the emergency number stated in the package travel contract to be done.
3. If the traveler fails to fulfill his obligation to notify in accordance with point 4.7. or to fulfill his obligations to cooperate (e.g. to look at a replacement room offered by the tour operator or to pack his suitcases for a room change; waiting times when checking in and out, etc.) or he sets the tour operator an unreasonably short deadline to remedy the non-conformity or he supports the tour operator in If the traveler fails to provide the replacement services offered by the tour operator to remedy the lack of conformity within the scope of what is reasonable to remedy the lack of conformity or refuses without legal justification, the traveler must bear the adverse legal consequences (see point 4.7.). It should be taken into account that inadequate equipment is generally the responsibility of the traveler. It should also be pointed out that the destination-related, regional characteristics, e.g. a different sense of time, etc., must be taken into account for any resolution.
4. If ASI does not remedy the lack of conformity within a reasonable period of time, the traveler can remedy the situation himself and demand reimbursement of the necessary expenses from ASI (see Section 11 Paragraph 4 PRG). The principle of the obligation to mitigate damages applies, ie the damage incurred (e.g. costs for replacement) must be kept as low as possible, taking into account the duration, value and purpose of the trip. In addition, an objective approach to the lack of conformity must be assumed.
5. If a significant part of the agreed travel services cannot be provided in accordance with the contract, ASI will offer the traveler appropriate alternatives at no additional cost, provided this is possible due to the circumstances and conditions (on site) (impossibility, for example if there is only one hotel in the booked category). Arrangements (substitute services) for the continuation of the package tour which, if possible, are of equal or higher quality to the contractually agreed services; The same also applies if the traveler is not transported back to the place of departure in accordance with the contract. If the other arrangements offered by ASI result in a lower quality of the package tour compared to the contractually agreed services (e.g. half board instead of all-inclusive), ASI will grant the traveler an appropriate price reduction. The traveler can only reject the proposed other arrangements if they are not comparable to the services agreed in the package travel contract or if the price reduction granted is not appropriate. In the event of rejection, the traveler must demonstrate that the other arrangements offered by ASI are not equivalent/comparable to the contractually agreed services and/or the price reduction offered is not sufficient.
6. Does the lack of conformity have significant effects within the meaning of point 11.3. to the implementation of the package tour and if ASI resolves the lack of conformity within a reasonable period of time set by the traveler, taking into account the circumstances and lack of conformity (see 13.1.), the traveler may, provided that the continuation of the package tour is based on the dimensions of an average traveler is unreasonable, withdraw from the package travel contract without paying compensation and, if necessary, raise claims under warranty and damages law in accordance with Section 12 PRG. If the traveler withdraws from the package travel contract, he should be aware that this involves a certain risk, since both the significance of the effects of non-conformity and the reasonableness of continuing the trip must be assessed in the subjective individual case (by a judge). The result of this assessment may differ from the traveler's perception. If no other precautions can be taken according to point 13.4. are offered or does the traveler reject the other arrangements offered in accordance with point 13.4. If there is a breach of contract, the traveler is entitled to warranty and damages claims in accordance with Section 12 PRG, even without termination of the package travel contract. In the event of rejection, the traveler must demonstrate that the other arrangements offered by ASI are not equivalent/comparable to the contractually agreed services and/or the price reduction offered is not sufficient. If the transport of passengers is part of the package, ASI will also, in the cases referred to in this paragraph, ensure the immediate return of the traveler using an equivalent transport service at no additional cost to the traveler.
7. If services cannot be provided due to unavoidable and exceptional circumstances and ASI nevertheless does not withdraw from the package tour (see 17.1.) but offers replacement services, any additional costs incurred as a result must be borne by the traveler.
8. In the event that unavoidable and exceptional circumstances exist and the traveler does not accept ASI's offer due to the cancellation of the trip for reimbursement, the traveler will bear the resulting additional costs. In such a case, ASI will no longer cover the costs of return transport or the stay falls within the traveler's sphere of risk.
Cancellation of the traveler without payment of a flat rate compensation
1. The traveler can withdraw from the package travel contract before the start of the package tour - without paying a flat rate compensation - in the following cases:
  1. If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which must be assessed in each individual case taking into account the content of the contract and the impact of the relevant circumstance that entails the risk, which affect the implementation of the package tour or the transport of Persons at the destination significantly within the meaning of 11.3. affect. If the traveler withdraws from the contract in these cases, he or she is entitled to a full refund of all payments made for the package tour, but not to additional compensation (see Section 10 Paragraph 2 PRG).
  2. In the cases of point 11.4.
  3. If the traveler has booked an ASI Flex tariff for an ASI self-trip (the 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 departure, the compensation rates mentioned under 15 apply.
  4. The withdrawal must be declared to ASI - although written form is recommended for reasons of proof.
Withdrawal of the traveler with payment of a flat rate compensation
1. The traveler is entitled to withdraw from the contract at any time upon payment of a flat-rate compensation fee (cancellation fee). Withdrawal must be declared to ASI in writing. If the package tour was booked through a travel agent, the cancellation can also be declared to them in writing. The traveler must declare the withdrawal on a durable medium (e.g. paper, email).
2. The flat rate compensation is a percentage of the travel price and the amount depends on the time of the cancellation declaration as well as the expected saved expenses and income from other uses of the travel services. If the flat rate compensation is inappropriate, it can be reduced by the court.
3. Depending on the type of package tour, the following compensation rates per person are:
  
  up to the 31st day before the start of the trip 25%
  from the 30th day before the start of the trip 40%
  from the 24th day before the start of the trip 50%
  from the 17th day before the start of the trip 60%
  from the 10th Day before the start of the trip 80%
  from the 3rd day before the start of the trip until the day of the start of the trip or if the trip does not start 90%
  Cancellation conditions for ship trips:
  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 until the day of the start of the trip or if the trip does not start 90%
  
  Please also note that different cancellation conditions apply to individual offers/services. These will be marked separately as part of the offer and travel confirmation. For arranged trips, the terms and conditions of the respective tour operator (e.g. TUI Deutschland GmbH etc.) or the respective service provider (e.g. airline) apply.
No-show
1. No-show occurs if the traveler fails to depart because he lacks the will to travel or if he misses departure because of an act attributable to him or because of a coincidence that happened to him. If it is also clear that the traveler can no longer or does not want to use the remaining travel services, he or she must pay the following flat rate compensation: 90% of the travel price.
Withdrawal by the tour operator before the start of the trip
1. ASI can withdraw from the package travel contract before the start of the package trip if ASI is prevented from fulfilling the contract due to unavoidable and exceptional circumstances and the declaration of withdrawal is received by the traveler at the last delivery/contact address provided by him immediately, at the latest before the start of the package trip (cf § 10 paragraph 3 lit b PRG).
2. ASI can withdraw from the package travel contract before the start of the package tour if fewer people have registered for the package tour than the minimum number of participants specified in the contract and ASI's declaration of withdrawal is sent to the traveler at the last delivery/contact address specified by him within the period specified in the contract, at the latest however:
  a. 20 days before the start of the package tour for trips of more than six days,
  b. 7 days before the start of the package tour for trips between two and six days,
  c. 48 hours before the start of the package trip for trips that last less than two days (see Section 10 Paragraph 3 lit a PRG).
3. If ASI occurs in accordance with 17.1. or 17.2. from the package travel contract, ASI will reimburse the traveler the travel price, but does not have to pay any additional compensation.
Cancellation by ASI after the start of the package tour
1. ASI is released from the fulfillment of the contract without obligation to refund the travel price if the traveler disrupts the package tour through grossly improper behavior (such as alcohol, drugs, non-compliance with a smoking ban, disregard of certain clothing regulations, e.g. when visiting religious sites or eating meals, criminal behavior, disruptive behavior towards fellow travelers, non-compliance with the tour guide's instructions such as regular late arrivals, etc.), regardless of a warning, disrupts the travel process or fellow travelers and hinders them to an extent that is likely to affect the holiday relaxation of third parties or fellow travelers or to defeat the purpose of the trip. In such a case, the traveler is obliged to compensate ASI for the damage.
2. If extraordinary and unavoidable circumstances arise during the trip, ASI may cancel the trip or change the itinerary. If the traveler refuses to travel back with ASI in the event of the trip being canceled, the traveler remains at his own risk and expense.
General life risk of the traveler
1. A package holiday usually involves a change in the familiar surroundings. An associated realization of the general life risk of the traveler such as (without claim to be exhaustive) stress, nausea (e.g. due to climatic changes), fatigue (e.g. due to a humid and humid climate), digestive problems (e.g. due to unfamiliar spices, foods, etc.), unavailable special dietary requirements or a limited choice of food (e.g. vegan or vegetarian food) and/or the realization of a risk associated with the trip, such as (without claim to be exhaustive) earache during diving trips, altitude sickness when traveling to high altitudes, seasickness during cruises , problems with altitude and exposed paths, a head for heights or sure-footedness and much more, fall within the sphere of the traveler and are not attributable to ASI.
2. All trips and courses are carefully prepared by ASI. However, ASI cannot give any guarantee for summits or subjectively imagined travel successes. Many of the trips and courses offered by ASI have an air of adventure, risk and uncertainty. This is not least what makes them so special. However, travelers should think about this before booking and participate with this awareness. ASI is sure that travelers will then have fond memories of the booked trip. For all courses, guided tours, trekking, 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 injuries, etc.), which can also be caused by careful and caring actions Support for the guides employed by ASI cannot be completely reduced and excluded. 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, so that even minor injuries or incidents can have serious consequences. Each participant is required to show a considerable degree of personal responsibility and prudence, to prepare their own tour appropriately, but also to have an increased willingness to take risks. It is therefore strongly recommended that the traveler take an intensive look (e.g. by studying the relevant Alpine specialist literature) into the requirements and risks that may be associated with the program they have booked. For all trips outside the Alpine region, participation in the mountaineering part of the travel event takes place on the basis of being an independent mountaineer. Depending on the tour destination (e.g. expeditions and trekking tours), the actual mountain climb may not be part of the contractually agreed travel service in accordance with the respective travel description. ASI's non-Alpine trips often lead to remote and poorly developed, sometimes extremely wild regions with correspondingly reduced infrastructure and occasionally difficult weather conditions. Even in these areas, local means of transport such as planes, buses, ferries and/or other vehicles must be used, which in individual cases do not meet European safety standards but for which there are no alternatives. This can sometimes result in significant transport risks, over which ASI has no influence. In this respect, too, the traveler must have an appropriate willingness to take risks. If travelers have any questions about the danger and risk potential of a trip, we ask them to contact ASI before concluding the travel contract.
3. If the traveler does not use services that were properly offered to him for the reasons mentioned above or if he withdraws from the contract for such a reason, he is not entitled to assert warranty claims or reclaims for unused parts of travel services.
Liability
1. If ASI or service providers attributable to it culpably violate ASI's obligations arising from the contractual relationship with the traveler, ASI is obliged to compensate the traveler for the resulting damage.
2. ASI is not liable for personal injury, property damage or financial loss to the traveler that arises in connection with booked services, provided that they
  1. represent a realization of the general life risk of the traveler or a general risk associated with the package tour that falls within the sphere of the traveler (cf. 19.)
  2. are attributable to the traveler's fault;
  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
  4. are due to unavoidable and extraordinary circumstances.
3. The traveler is liable for property damage and financial damage to the traveler that is attributable to unforeseeable and/or unavoidable circumstances that ASI did not have to take into account, provided ASI is not at fault.
4. When traveling with special risks (e.g. mountain hiking, adventure travel, expedition nature), ASI is not liable for the consequences that arise in the course of realizing the risks if this occurs outside of ASI's area of responsibility. ASI's obligation to carefully prepare the package tour and to carefully select the people and companies commissioned to provide the individual travel services remains unaffected.
5. The traveler must comply with laws and regulations, as well as instructions and orders from the guide or the staff on site, as well as commandments and prohibitions (e.g. climbing bans due to nature conservation-related restrictions or warnings, ban on swimming, ban on diving, etc.). If the traveler fails to comply, the tour operator is not liable for any resulting personal injury or property damage to the traveler or any personal injury or property damage to third parties.
6. ASI is not liable for the provision of a service that was not promised by it or that was additionally booked by the traveler after the start of the trip with third parties or service providers not attributable to ASI.
7. The traveler is advised not to take any items of particular value with him. It is also recommended that you properly store or insure the items you take with you (see 5.1.).
8. As far as the Montreal Convention concerning International Carriage by Air 2001, the Athens Protocol 2002 to the Athens Convention concerning Carriage by Sea 1974 or the Convention concerning International Carriage by Rail 1980 as amended in 1999, the extent of the compensation or the conditions under which a provider of a package travel contract to pay compensation for the travel service covered, these restrictions also apply to ASI (see Section 12 Paragraph 4 PRG).
Asserting claims
1. In order to facilitate the assertion and verification of alleged claims, the traveler is recommended to obtain written confirmation of the non-provision or inadequate provision of services or to secure receipts, evidence and witness statements.
2. Warranty claims can be made within 2 years. Claims for damages expire after 3 years.
3. In the interest of the traveler, it is advisable to submit claims in full and specifically in written form directly to ASI or via the travel agent immediately after returning from the package tour, as difficulties in providing evidence are to be expected with increasing delays.
Delivery - electronic correspondence
1. The last address provided to ASI (e.g. email address) is considered the traveler's delivery/contact address. Changes must be reported by the traveler immediately. The traveler is recommended to use the written form.
Providing information to third parties
1. Information about the names of the travel participants and the whereabouts of travelers will not be given to third parties, even in urgent cases, unless the traveler has expressly requested the information to be provided and the authorized person is announced when booking. The costs arising from the transmission of urgent messages are borne by the traveler. It is therefore recommended that travelers inform their relatives of the exact holiday address.
Travel insolvency insurance
European Travel Insurance AG, Kratochwjilestr. acts as liquidator in the event of the organizer's insolvency. 4, 1220 Vienna, Tel. No. +43 1 317 25 00, Fax No. +43 1 319 93 67). All claims must be registered with the liquidator within 8 weeks of the occurrence of insolvency, unless the claim is otherwise lost. The guarantor is Bank für Tirol und Vorarlberg AG, Stadtforum, 6020 Innsbruck. (Bank guarantee no. 19922 dated November 9, 2000).
General
Place of performance is Natters/Innsbruck. Austrian law applies and exclusion of conflict of law provisions. All information is as of September 2018. The entry in the directory of the Federal Ministry of Economics and Labor was made under registration number 1998/0089. If one of the above provisions is invalid, this will not affect the validity of the remaining provisions. The invalid provision will be replaced by a valid or effective one that most closely corresponds to the economic purpose of the invalid provision.

As of: January 2024