Travel Terms & Conditions
These travel conditions are issued in the name of the carrier, 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 carrier”. 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 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 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.
In cases of cancellation the operator has the right to demand the following cancellation fees, calculated 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 carrier may withdraw from the travel contract before the cruise starts or terminate it after the cruise has begun in the following cases, without the carrier being liable for any claims, particularly not for damages:
a) The carrier and its representatives on board have the right to prohibit passengers from remaining on board if, despite prior warning, they do not comply with the rules and regulations in force during the cruise, including, in particular, applicable hygiene and health measures, and orders and instructions by the ship’s command, or if their behavior impairs the health and well-being of other passengers or crew, and/or the safety of the ship, or if their behavior harasses other passengers. All consequences arising therefrom shall be borne exclusively by the passenger themselves and they shall not be entitled to a refund of the cruise fare.
b) if, by two (2) weeks prior to the start of the cruise, 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. This also applies in the event that it becomes apparent at an earlier point in time that the minimum number of participants will not be reached.
c) if, by four (4) weeks prior to the start of the cruise — with the carrier having exhausted all other possibilities — it would be unreasonable for the carrier to execute the cruise because the costs incurred in the execution of the cruise would exceed the economic limit in relation to this cruise; that is, unless the carrier itself is answerable for the main reasons leading to the situation concerned.
Please note: A minimum number of participants is required to operate the excursions. Minimum participation for excursions by bus: 20 people; minimum participation for walking excursions: 12 people
GUARANTEE, REDRESS AND DUTIES TO CO-OPERATE
If travel services are not provided as contracted then the traveler may demand redress, either directly on board or via his/her travel agency. Irrespective of the carrier’s overriding duty to provide service, the traveler has a duty to co-operate in that they must do whatever they 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. The traveler has a particular duty to advise the carrier’s representative on board (specifically the hotel manager, cruise director) 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 carrier, are permissible, provided they are not significant changes and do not alter the overall tour program.
b) The carrier 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 cruise starts: If execution of the cruise 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 carrier, such as war, strikes, civil unrest, sovereign directives (such as the requisition of accommodation or of means of transportation), embargoes, natural disasters, accidents, epidemics, pandemics, damage to the vessel (especially to the hull and engines, etc.), or other occurrences that are equivalent in their effect to the examples mentioned above (force majeure), the contracting parties may withdraw from the contract before the start of the trip, without any claims against the carrier arising from this, in particular for damages.
b) After the cruise has begun: If the circumstances specified above come about after the cruise has begun and the cruise is ultimately delayed, then the carrier 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 carrier will not be liable for claims, particularly not claims for damages.
c) Termination of a cruise: Should a cruise have to be terminated due to any of the abovementioned circumstances, the carrier is authorized to transport passengers and their baggage by alternate means of transport (such as by train, bus or plane) to the agreed starting or end point of the cruise, or to an appropriate intermediate point with suitable means of transport. The carrier 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 cruise, then the carrier 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 carrier 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 carrier and the ship’s captain some-times have to take such decisions quickly. Such measures do not justify withdrawal from the contract by the person traveling and the carrier is not responsible for any claims, particularly not claims for damages.
If as a result of an early return or for other reasons, passengers do not make use of individual cruise services that were properly offered, there is no entitlement to a pro rata refund of the cruise price. The carrier will, however, make an effort to obtain reimbursement for the expenses saved from relevant service providers. This obligation does not apply if the services in question are insignificant.
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 operator.
Dr. W. Lüftner Reisen GmbH is listed in the carrier directory of the Austrian Ministry for Economics, Family and Youth under number 2004/0052. In accordance with the travel agency insurance ordinance applicable to Austrian carriers (Reisebürosicherungsver ordnung — RSV), Dr. W. Lüftner Reisen GmbH insures customer money received. Further information regarding this travel security and on the assertion of rights, deadlines, etc., and on claim exclusions can be obtained from the travel agency handling the reservation.
For your own safety, it is advisable to take out an insurance policy in good time, covering, in particular, possible cancellation costs as well as damage and/or loss of your luggage, costs for possible medical treatment, repatriation services, 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 – for such a change.
Due to the particular features of the cruise programs, special provisions apply to bookings with children and minors:
- The carrier may limit the number of passengers under 3 years of age.
- Passengers up to the age of 16 must be accompanied by and share a cabin with a parent, guardian or other responsible adult over the age of 21.
PASSENGERS WITH SPECIAL NEEDS
The carrier does not discriminate against persons with special needs. All means of transport used during these programs comply with European standards. Most of the vessels have lifts that allow for easy access between decks (except for the Sun Deck). However, the route between the ship and the shore, in particular, may have major obstacles that must be overcome by all passengers without the use of, for example, a wheelchair. Likewise, property in connection with third-party services that were disclosed as such. For this reason, persons with special needs must inform themselves as to whether it is possible for them to take part in the trip and/or obtain the carrier’s consent before making a booking. In addition, for safety reasons, the transportation of wheelchairs may be prohibited by the ship’s management. A claim against the carrier, in particular for damages, cannot arise from such non-admission.
LIABILITY/LIMITATION OF LIABILITY/DISCLAIMERS
a) The carrier is liable for services which are included in the description of the respective cruise.
b) The carrier is not liable for any service disruptions, damages to persons and/or not all the ports, buses, etc. that are used have suitable facilities.
c) The carrier 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.