Travel Terms & Conditions 2019
These travel conditions are issued in the name of the tour operator, Dr. W. Lüftner Reisen GmbH / A- 6020 Innsbruck, for the travel programs included in this brochure. Dr. W. Lüftner Reisen GmbH also does
business under the trade name Lüftner Cruises. In the following, these are referred to as “the tour operator.” These terms and conditions of travel apply to programs listed under either name. The transportation of passengers and baggage on any of the vessels offered is governed solely by the Terms and Conditions of the Passenger Ticket Contract (available on request).
A deposit of 10% per person is required to secure a confirmed reservation. When more than one cruise is booked, deposit and payment policies apply per cruise. The balance is due for payment no later than 20 days prior to departure, despite no further request for payment being made. All reservations are subject to cancellation if payments are not received by the due date, and in such a case the tour operator is entitled to cancel the reservation/s in accordance with the cancellation fees specified in these terms and conditions. Upon full payment by the participant(s) of the amount specified in the invoice, the tour operator agrees to arrange for the provision of the services as described in this brochure. Your payment or acceptance of a ticket constitutes your agreement to the terms and conditions of travel.
CREDIT CARD: The following credit cards are accepted: Visa, Master Card and American Express.
In cases of cancellation the tour operator has the right to demand the following cancellation charges, calculated either as a flat-rate amount or as a percentage of the travel price and dependent on the number of days left until the planned departure date:
Days Before Departure
|121 days and more||10%|
|120 – 90 days||15%|
|89 – 60 days||35%|
|59 – 30 days||50%|
|29 – 15 days||80%|
|14 – 1 day(s)||85%|
|on departure day||90%|
|Cancellations must be made in writing. Cancellation invoices are due for payment as soon as they are received|
WITHDRAWAL AND TERMINATION BY THE TOUR OPERATOR
The tour operator may withdraw from the travel contract before the journey starts or terminate it after the journey has begun in the following cases, without the tour operator being liable for any claims, particularly not for damages:
a) without notice, if the person traveling — in defiance of any warning — persistently disrupts the execution of the travel or if his/her behavior is not in accordance with the contract to such an extent that immediate revocation of the contract is justified. When terminating, the tour operator reserves its claim on the travel price, but this will be set off against the value of the expenditure saved and whatever advantages it obtains from any alternative use of the services or facilities that are not taken up, including whatever amounts are credited to it by its service providers.
b) if, by two (2) weeks prior to the start of the journey, the advertised minimum number of participants has not been reached, which is 80 passengers per cruise or whatever other minimum number of participants has been indicated in the advertising for the service concerned. In all such cases the tour operator is obliged to inform the traveler immediately of the occurrence of the contingency causing the journey not to be executed and immediately to forward to him/her its withdrawal statement. This is also relevant should it become apparent at an earlier stage that the minimum number of passengers will not be reached. The travel price paid will be reimbursed promptly.
c) if, by four (4) weeks prior to the start of the journey — with the tour operator having exhausted all other opportunities — it would be unreasonable for the tour operator to execute the journey because the costs arising, if it were to be executed, would mean the tour operator exceeds the bounds of economic sacrifice in relation to that journey; that is, unless the tour operator itself is answerable for the main reasons leading to the situation concerned. The travel price paid will be reimbursed promptly.
GUARANTEE, REDRESS AND DUTIES TO CO-OPERATE
If travel services are not provided as contracted then the traveler may demand redress. Irrespective of the tour operator’s overriding duty to provide service, the traveler has a duty to co-operate in that he/she must do whatever he/she can reasonably do to contribute to remedying the disruption and to keep any losses that may arise as low as possible or to avoid them completely. He/she has a particular duty to advise the tour operator’s representative on board (specifically the hotel manager, tour guide) immediately of any possible complaints. However, these persons are not authorized to deal with any claims.
SERVICE AND PRICE CHANGES
a) Changes and deviations of individual travel services from the agreed tour contract (for example, timetable changes, changes to scheduled sequences, or to hotel reservations) that become necessary after conclusion of the contract, and where there is no evidence of bad faith on the part of the tour operator, are permissible, provided they are not significant changes and do not alter the overall tour program. Travelers will be notified of any such tour changes or deviations immediately.
b) The tour operator reserves the right to alter the prices mentioned in the case of transportation price increases (particularly due to rises in fuel costs), docking fees, or due to fluctuating exchange rates, or to
any other rises in prices/costs that were not known at the time of the completion of the booking contract.
ACTS OF GOD, STRIKE, OR OTHER CONDITIONS BEYOND CONTROL
a) Before the journey starts: If execution of the journey is made more difficult, jeopardized or impaired as a result of extraordinary circumstances that were unforeseeable at the time of entering into the contract and out of the control of the tour operator, then both the tour operator and the traveler may withdraw from the contract prior to the start of the journey. Such circumstances include war, strikes, civil unrest, epidemics, and government directives (such as requisition of accommodation or of means of transportation), embargoes, natural disasters, accidents, and damage to the vessel (especially to the hull and engines, etc.) or other occurrences that are equivalent to the examples mentioned above in their effect (force majeure). The travel price paid will be reimbursed promptly. The tour operator will not be liable for claims, particularly not claims for damages.
b) After the journey has begun: If the circumstances specified above come about after the journey has begun and the journey is ultimately delayed, then the tour operator is authorized to reconstruct the remaining journey such that other routes or means of transport are organized, for example, by avoiding a harbor, or by traveling overland, so that the journey can be ended at approximately the original time specified. In such a case, the tour price will not be reduced and the tour operator will not be liable for claims, particularly not claims for damages.
c) Termination of a journey: Should a cruise have to be terminated due to any of the abovementioned circumstances, the tour operator is authorized to transport travelers and their baggage by alternate means of transport (such as by train, bus or plane) to the agreed starting or end point of the tour, or to an appropriate intermediate point with suitable means of transport. The tour operator is not responsible for any claims, particularly not claims for damages.
d) Ship in distress: Should another vessel be in need of the cruise ship’s assistance during a journey, then the tour operator is not liable for any delays caused by the assistance rendered or by any rescue operation. The decisions regarding such possible assistance rest solely with the ship’s captain. The tour operator will not be liable for claims, particularly not claims for damages.
e) Changes in the water level: Unusually low or high river water levels may cause changes to the itinerary, possible re-embarkation onto another vessel or transfer(s) by coach or rail, or may even lead to a shortening of the journey. The tour operator and the ship’s captain sometimes have to take such decisions quickly. Such measures do not justify withdrawal from the contract by the person traveling and the tour operator is not responsible for any claims, particularly not claims for damages.
Should a passenger not make use of individual services included in the tour price paid due to a premature return journey, or for any other compelling reason, there will be no pro rata refund of the tour price. The tour operator will, however, endeavor to reimburse expenses saved, excluding those for any very insignificant services.
PASSPORTS, VISAS, CUSTOMS, CURRENCIES AND HEALTH REGULATIONS
The traveler is solely responsible for compliance with all matters regarding travel-related regulations and prerequisites. Any interruptions resulting from noncompliance with such regulations will be at the expense of the traveler, unless caused by intentional misinformation by the tour operator.
Dr. W. Lüftner Reisen GmbH is listed in the tour operator register of the Austrian Ministry for Economics, Family and Youth under number 2004/0052. In accordance with the Austrian Travel Agency Decree for Tour Operators (RSV), customer money is secured by a bank guarantee. Further information regarding this protection such as the terms and assertion of rights, the time limit for lodging complaints, claim exclusions, etc., can be obtained from the travel agency handling the traveler’s reservations.
For personal security and peace of mind, travelers are advised to take out a travel insurance policy in good time, covering, in particular, possible costs of cancellation, as well as damage to and/or loss of baggage, possible medical treatment, repatriation costs, etc.
Should there be a change of name for a traveler for a reservation already made, the tour operator has the right to charge € 30,- per person for such a change.
CHILDREN & MINORS
Due to the specific nature of the cruise itineraries, there are special conditions for the booking of children and minors:
- For children under the age of 8, special permission by the tour operator is required.
- Up to the age of 16, minors must be accompanied by and share a cabin with a parent, legal guardian, or other responsible adult over the age of 21.
- Information about child discounts, particularly for the special conditions of the cabins with connecting doors, can be found in our travel descriptions.
PASSENGERS WITH SPECIAL NEEDS
All means of transport used for our tour programs comply with European standards. Most vessels are equipped with lifts, enabling easy access from one deck to another (with the exception of the Sun Deck). However, moving from the ship to land can pose obstacles that require solutions without the use of a wheelchair. Some of the ports, land tours and transfer buses, etc., are not always suitably equipped. Therefore, before completing a reservation, people with special needs must make the necessary enquiries and must receive consent from the tour operator to join the tour. For security reasons, the transport of wheelchairs may be prohibited by the ship’s command. The tour operator will not be liable for claims, particularly not for damages, arising from such non-admission.
LIABILITY/LIMITATION OF LIABILITY/DISCLAIMERS
a) The tour operator is liable for the services involved in transportation from the advertised starting point to the advertised destination, for transportation during the trip, and for accommodation during the trip.
b) The tour operator is not liable for any service disruptions, damages to persons and/or baggage by third-party services which were procured accordingly and disclosed as such.
c) The tour operator expressly refers to possible liability limitations and exemptions relevant under the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vehicles (CLNI), including protocols and amendments, together with the further provisions of the International Convention of Limitation of Liability for Maritime Claims, 1976, likewise including amendments and addenda, if and as applicable, as well as all further state laws applicable in this respect.
This is a translation from the original General Terms & Conditions “Geschäftsbedingungen” of Dr. W. Lüftner Reisen GmbH in German. The above translation is provided solely as a courtesy and convenience but in all cases, the meaning and intent of the original General Terms & Conditions in German shall prevail at all times. The General Terms & Conditions shall be covered exclusively by Austrian law with jurisdiction in Innsbruck, Austria.
TOUR OPERATOR: LÜFTNER CRUISES
Dr. W. Lüftner Reisen GmbH
Amraser See Straße 56
Tel.: +43 (0)512 365781
Fax: +43 (0)512 365781-6