Legal
If you're booking something with us, this agreement forms the basis of your booking. This legal statement contains information on the following:
- 1. Imprint
- 2. General terms and conditions of Alpenature Emanuel Misslinger
- 3. Scope
- 4. Role of the travel agent
- 5. Obligationof the Customer to provide information and cooperation
- 6. Insurance
- 7. Package travel contract
- 8. Changes before departure
- 9. Liability
- 10. Booking changes/Remuneration of the travel agent
- 11. Delivery – Electronic correspondence
- 12. Use of sound, film and image recordings
Last updated on 1 jan 2022.
1. Imprint
Information according to § 5 E-Commerce Law.
Imprint and disclosure according to §§ 24, 25 Media Law.
Alpenature
Emanuel Misslinger
Schnann 49E/ Top 8
6574 Pettneu am Arlberg
Austria
Tel.: +43 (0) 660-5836-302
E-mail: info@alpenature.com
You can reach us by phone from Monday to Friday between 9 a.m. and 6 p.m.
LA-GISA-32891744/2-2020
Sales tax identification number (UID): ATU75661124
Management: Emanuel Misslinger
Member of the Tyrol Chamber of Commerce Tourism and leisure sector
Section Travel Agencies – Travel Agencies with full scope of authorization – Travel Agency Sector
The following legal terms and conditions apply to travel agencies:
Trade regulations 1994, in particular § 94 Z 56 and § 126: see link
Exercise regulations for the travel agency industry: see link
Travel agency regulation: see link
Travel agency security regulation: see link
Consumer Protection Act, in particular Sections 31b to 31f: see link
Photo Credits
Anncapictures from Pixabay
Arlberg Hospiz
Arlberger Bergbahnen AG
Cristian Ghe. under CC by 2.0
Don White from Pixabay
Josef Mallaun
Lauri under CC by 2.0
Patrick Bätz
Pezibear from Pixabay
Raffl’s Star Hotel GmbH
Renè Raggl
Simon Steinberger from Pixabay
TVB St. Anton am Arlberg
Finn Pomeroy
Wolfgang Burger
Disclosure according to §25 Media Law
The purpose of the Alpenature Emanuel Misslinger website is to provide information about our company, our services and our products as well as related information and links on the subject of travel. In addition, booking options for last-minute and package tours, hotels and flights as well as contact options are available.
Disclaimer of liability
All contents of the website have been carefully checked. Regardless of this, Alpenature Emanuel Misslinger assumes no liability and no guarantee for the correctness, completeness, quality or currency of the information and information provided. The structure and content of the website are protected by copyright. All offers are non-binding.
Alpenature Emanuel Misslinger expressly reserves the right to change, add to, or delete parts of the site or the entire offer or to temporarily or permanently cease publication without prior notice. Further links (direct or indirect) to other websites (‘hyperlinks’) are available for further information. The linked and third-party content on the linked websites does not originate from Alpenature Emanuel Misslinger, Alpenature Emanuel Misslinger still has the right or the opportunity to influence the content of third-party sites. Alpenature Emanuel Misslinger is not liable for the content or the resulting decisions. The provider is solely responsible for the content.
Alpenature Emanuel Misslinger hereby expressly declares to distance itself from illegal content on linked sites and states that Alpenature Emanuel Misslinger apparently did not recognize any illegal content at the time the links were set. Alpenature Emanuel Misslinger has no influence on the current and future design, content or authorship of the linked pages. This statement applies to all links and references set within the company’s own website as well as to third-party entries in guest books, discussion forums set up by Alpenature Emanuel Misslinger, Link directories, mailing lists and in all other forms of databases, the content of which can be written externally.
Alpenature Emanuel Misslinger requests that you notify us if linked pages (directly or indirectly) contain questionable or illegal content or information, in order to delete the link in such a case and, if necessary, to initiate legal steps. Alpenature Emanuel Misslinger rejects any liability for decisions based on the information provided and which is solely the responsibility of the user. Liability claims against Alpenature Emanuel Misslinger relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and/or incomplete information.
Copyright
Alpenature Emanuel Misslinger endeavors to observe the copyrights of the texts, text parts, images, graphics, sound documents, video sequences, data and information used, texts, text parts, images, graphics, sound documents, video sequences, data and information it has created itself to use or to access license-free texts, parts of text, images, graphics, audio documents, video sequences, data and information. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn simply because they are mentioned. The copyright for published objects created by Alpenature Emanuel Misslinger remains solely with Alpenature Emanuel Misslinger. The use and reproduction of texts, parts of texts, images, graphics, sound documents, video sequences, data and information is only permitted with the express written consent of Alpenature Emanuel Misslinger.
Data protection and legal information
If there is the possibility of entering personal or business data within the Internet offer, the input of this data takes place voluntarily. The use and payment of all offered services is permitted – as far as technically possible and reasonable – without specification of such data or under specification of anonymized data or an alias. The use of the contact data published in the imprint or comparable information such as postal address, telephone and fax numbers and e-mail addresses by third parties to send information that has not been expressly requested is not permitted. We expressly reserve the right to take legal steps against senders of advertising mailings and so-called spam mails if this prohibition is violated.
When ordering the newsletter, when participating in competitions and when contacting us via Facebook, the data entered will be saved by Alpenature Emanuel Misslinger and the sending of post or emails by Alpenature Emanuel Misslinger will be accepted. The opening of the newsletter and the links clicked on in the newsletter are evaluated for statistical purposes. A written revocation can be made at any time by clicking on ‘Unsubscribe’ in the newsletter and by email to; info@alpenature.comor by letter to Alpenature – Emanuel Misslinger; Privacy; Schnann 49E/ Top 8; 6574 Pettneu am Arlberg. Further information on data protection can be found at Privacy.
Legal validity of this disclaimer
This disclaimer is to be regarded as part of the Internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and intent as well as their validity.
2. General terms and conditions
Alpenature Emanuel Misslinger can act as a travel agent (Section A).
The following terms and conditions represent the text of the contract for which Alpenature Emanuel Misslinger usually concludes contracts with its customers as a travel agent (Section A). (Note: within the meaning of the KSchG). The special conditions: the brokered tour operator, the mediated transport companies (e.e. taxi, train and plane) and the other mediated service providers take precedence.
3. Scope
3.1 Scope of application of the general terms and conditions For business relationships between travel agent Alpenature Emanuel Misslinger (hereafter referred to as “Alpenature“), the Special Tours/Dinner Planner Services participant (hereafter referred to as “Customer”), for all Special Tours/Dinner Planner Services (hereafter referred to as “Tour“ or “Tours“) organised by Alpenature Emanuel Misslinger the most recent version of the these General Terms and Conditions (hereafter referred to as “GTC”) shall apply. The most recent version of the GTC shall be deemed the one in effect on the date of the respective booking.
3.2. Alpenature arranges travel contracts for individual travel services (such as sport shops, transport, etc.), package tours (within the meaning of Section 2 (2) PRG) and related travel services (within the meaning of Section 2 (5) PRG) between the tour operator or service provider on the one hand and the traveller on the other. Alpenture provides its services in accordance with the statutory provisions, in particular the Package Travel Act (PRG) and the Package Travel Ordinance (PRV) with the care of a prudent entrepreneur.
3.3. The General Terms and Conditions shall be deemed to have been agreed, if they have been made available before the Customer is bound to a contract by a declaration of contract or if the Customer was able to view their contents. They constitute the foundation of the contract of agency, which exists between Alpenature and the Customer.
3.4. The General Terms and Conditions in question apply to the agency agreement (see point 3.3). For contractual relationships between the Customer and the brokered tour operator, the brokered transport companies (e.g. taxi, train, bus and plane etc.) and other brokered service providers, the respective general terms and conditions apply, provided that they are made available to the Customer – before the Customer has been bound to a contract by a contract declaration – or the Customer could view their contents and the contents of the terms and conditions is not illegal or violates existing law.
4. Role of the travel agent
4.1. In accordance with the information supplied by the Customer, Alpenature compiles travel proposals for the Customer. These are non-binding and as such do not constitute offers in the sense of Art. 4 PTD. If it is not possible to compile travel proposals on the basis of the information provided by the Customer, then Alpenature shall notify the Customer of this.
The travel proposals are based on the information provided by the Customer, which is why incorrect and/or incomplete information supplied by the Customer – in the absence of clarification from the Customer – may form the basis of the travel proposals. When compiling travel proposals, it is possible, for example, to use the price, the expertise of the tour operator/service provider, discounts, the best price principle and other factors, if applicable, as parameters (without any claim to completeness).
4.2. If the Customer expresses a concrete interest in one of the travel proposals submitted to them by Alpenature, Alpenature shall prepare a travel offer on the basis of the travel proposal in accordance with the provisions of Art. 4 PTD, insofar as these are relevant for the tour. The travel offers or Tours, prepared by Alpenature, commits the tour operator or, in the case of linked travel arrangements or individual travel services, the service provider. A contract between the tour operator and the Customer or, in the case of linked travel arrangements or individual travel services, between the service provider and the Customer is concluded when the travel offer is accepted by the Customer (=declaration of contract of the Customer, see point 3.3).
4.3. Alpenature advises and informs the Customer based on the information which the Customer submits to Alpenature. Alpenature represents to the best of their knowledge the services of the tour operator brokered according to the Customer’s information or, in the case of linked travel arrangements or individual travel services, the service of the service provider taking into account the customary conditions in the country of destination as well as taking into account any particularities associated with the tour (e.g. expedition tours). There is no obligation to provide information on generally known circumstances (e.g. topography, climate, flora and fauna of the destination requested by the Customer), provided, depending on the type of trip, there are no circumstances which require separate clarification or clarification of the circumstances is not necessary for the provision and the course or performance of the service. In principle, it must be noted that the Customer consciously chooses a different environment and that the quality, facilities, food (seasoning in particular) and hygiene levels are related to the regional standards/criteria customary for the country/place of destination. In addition, the Customer has the opportunity to obtain more detailed information on the customary local conditions, in particular with regard to the location, place and standard (customary in the country) of the services to be provided in the catalogue or on the website of the respective tour operator.
4.4. Alpenature shall inform the Customer in accordance with Art. 4 PTD before the Customer is bound to a package travel contract by a declaration of contract:
4.4.1. Of the existence of a Tour by means of a standard information sheet pursuant to Art. 4 Para. 1 PTD. In addition, the standard information sheet for package travel can be referred to – if available in printed or digital form – in the catalogue or on the website of the respective tour operator.
4.4.2. Of the information listed in Art. 4 Para. 1 PTD, insofar as it is relevant so that the package tour may be arranged and it is necessary for the execution and provision of services (e.g. in the case of an exclusively beach holiday, no references to sightseeing tours as in the case of study trips etc. are necessary, insofar as these are not part of the agreed services). In addition, this information can be viewed – if available – in the catalogue or on the homepage of the respective tour operator.
4.4.3. Of whether the package holiday to be brokered for the Customer is generally suitable for persons with reduced mobility, provided that this information is relevant to the Tour in question (Art. 4 Para. 1 No.1 (h) PTD). A person with reduced mobility is a person with a physical disability (sensory or motor, permanent or temporary), in accordance with Art. 2 (a) VO 1107/2006 (Rights of disabled persons and persons with reduced mobility), who limits the use of components of the Tour (e.g. use of certain means of transport, accommodation) and as such necessitates the services to be adapted to the special needs of this person.
4.4.4. General passport and visa requirements of the country of destination, including approximate time limits for obtaining visas and for completing health care formalities (Art. 4 Para. 1 No. 6 PTD), provided that this information is relevant to the package in question. Upon request, Alpenature will provide information on foreign currency and customs regulations. General information on passport and visa requirements, health care formalities as well as foreign currency and customs regulations for travellers with Austrian citizenship can moreover be obtained by selecting the desired country of destination under https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/laender/. EU citizens can request this information from their relevant representative authorities. It is assumed that a valid passport (which e.g. is not expired, not reported stolen or lost, etc.) is generally required for travel abroad, and the traveller is responsible for its validity. The Customer is responsible for complying with the health care formalities of which they have been notified. The Customer is responsible for obtaining the necessary visa, unless Alpenature has agreed to process the procurement of such a visa.
4.5. In accordance with Art. 15 Para. 1 PTD in the case of linked travel arrangements, Alpenature shall inform the Customer, before the Customer is bound by a declaration of contract, that the Customer cannot make use of any rights which apply exclusively to package travel, that each service provider is only liable for the contractual provision of their service and that the Customer benefits from insolvency protection in accordance with the package travel ordinance. In accordance with Art. 15 Para. 2 PTD, Alpenature is deemed compliant with this duty of information if they provide the relevant standard information sheet in accordance with Appendix II, PTD, provided that the type of linked travel arrangement is covered by one of these standard information sheets.
4.6. Special requests by the Customer which are akin to customer preferences (e.g. sea view) are fundamentally non-binding and do not result in a legal claim, provided these requests have not been confirmed by the tour operator as a requirement of the Customer in accordance with Art. 6 Para. 2 No. 1 PTD or for linked travel arrangements or individual travel services said request has not been confirmed by the service provider as a requirement of the Customer. If a confirmation is issued, a binding service agreement exists.
Alpenature’s declarations represent a commitment to forward the Customer’s requests to the tour operator/relevant service provider and do not constitute a legally binding agreement as long as they have not been confirmed by the tour operator or, in the case of linked travel arrangements or individual travel services, by the service provider.
5. Obligation of the Customer to provide information and cooperation
5.1. The Customer is to provide Alpenature with all personal (e.g. date of birth, citizenship etc.) and factual (e.g. planned carriage/importing of medication, prostheses, animals, etc.) information, which is relevant to the trip in a timely, complete and truthful manner. The Customer must notify Alpenature of any issues relating to its person or its fellow Customers (e.g. allergies, food intolerance, no travel experience, etc.), and of its and their special needs, in particular with regards to any limited mobility or health-related issues and other restrictions which may be relevant for either the preparation of travel proposals/travel offers or for the execution of the tour and provision of travel services (e.g. for hiking trips etc.), if necessary by submitting a complete qualified certificate (e.g. medical certificate).
5.2. In the instance of reduced mobility or other limitations or special needs in accordance with point 5.1 (e.g. requirement of special medication, regular medical treatment, etc.), which would possibly affect the execution of the trip, the Customer is advised to consult a doctor prior to booking as to whether the Customer in question is able to travel.
5.3. If the mobility of the Customer only becomes reduced in the period between contract conclusion and trip commencement or if other restrictions within the meaning of point 3.2 arise during said period, then the Customer must inform Alpenature immediately – for reasons of proof it is recommended to do so in writing – so that Alpenature can inform the tour operator or, in the case of linked travel agreements or individual travel services, the service provider accordingly.
5.4. The Customer, who has had a booking made for themselves or a third party by Alpenature, is considered to be the client and thus assumes the obligations of the contract of agency vis-a-vis Alpenature (e.g. payment of costs etc.) in accordance with Art. 7 Para. 2 PTD, unless another agreement applies.
5.5. The Customer is obliged to check all contractual documents (e.g. package travel contract, booking confirmation and vouchers) provided by the travel agent for factual correctness of their details/data and for any deviations (spelling mistakes; e.g. names, date of birth) as well as for incompleteness and, in the event of inaccuracies/deviations/incompleteness, to inform the tour operator immediately for correction – whereby the written form is recommended for reasons of proof.
5.6. In order to ensure that Customers with reduced mobility (in accordance with Art. 2(a) of Regulation (EC) No. 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air) and their co-travellers, pregnant travellers, unaccompanied travelling minors and travellers in need of special medical care, are not subject to the tour operator’s limited obligation to bear the costs of the accommodation which is necessary as a result of impossible return transport due to unavoidable and exceptional circumstances, the Customers concerned must inform the tour operator or Alpenature of their special needs at least 48 hours before the start of their journey.
5.7. In accordance with Art. 11 Para. 2 PTD, the Customer is obligated to immediately and comprehensively report any perceived deviation from the agreed travel services, including the concrete description of the deviation/issue, in acknowledgement of the respective circumstances, so that the tour operator is able to remedy the deviation – insofar as this is possible or feasible, depending on the individual case – taking into account the respective circumstances (e.g. time difference, impossibility of contacting the expedition, existence of an alternative or an exchange/upgrade option, etc.) and the associated costs (e.g. cleaning the replacement room, finding a replacement hotel). If a violation of contract occurs during the normal business hours of Alpenature through whom the package was booked, the Customer is obligated to report the violation to Alpenature. The Customer is advised to notify Alpenature in writing, for reasons of proof in particular. Outside normal business hours, the Customer must immediately notify the tour operator’s representative of any violation of contract or, if such a representative does not exist and/or is not contractually owed, directly to the tour operator via the emergency number specified in the travel contract. Failure to report a violation of contract shall have an effect on any warranty claims of the Customer if remedial action could have been taken on site and if such reporting could have been reasonably expected. In accordance with Art. 12 Para. 2 PTD, failure to report a deviation can also be considered as contributory negligence in relation to claims for damages (Art. 1304 ABGB (Austrian civil code)). Reporting a violation of contract does not immediately guarantee services from the tour operator.
5.8. The Customer is obligated to pay the fees agreed within the framework of the contract in full and on time in accordance with the terms of payment. The Customer shall indemnify Alpenature for any losses incurred by Alpenature in the event of non-payment (advance payments by Alpenature).
5.9. In the event of claims for compensation or price reductions and the receipt of payments for compensation or price reductions in accordance with Art. 12 Para. 5 PTD (e.g. compensation in accordance with Art. 7 of the Passenger Rights Ordinance) or in the event of the receipt of other payments and services from service providers or third parties that are to offset the claims for compensation or price reductions of the Customer against the tour operator (e.g. payments by the sports shop), the Customer shall inform Alpenature or tour operator of this situation completely and truthfully.
5.10. Before the start of the Tours, the Customer must truthfully and comprehensively inform Alpenature about his/her abilities and experience in skiing (when applicable) and must himself/herself ensure that his/her equipment corresponds to current standards of skiing technology and the external conditions.
5.11. Before the start of instruction, the Customer must inform Alpenature of any health complaints, which could impair his/her physical ability.
5.12. Furthermore, the Customer undertakes not to take part in the Tour in the event of feverish infections, contagious illnesses or sickness associated with diarrhoea and vomiting. In particular, in the event of COVID-19 symptoms (fever, dry cough, tiredness, breathing difficulties etc.) the Customer undertakes to refrain from participating in the Tour. The Customer may exercise the right of withdrawal provided for in point 10.9 of these GTC on presentation of a medical certificate.
6. Insurance
6.1. While travelling on holiday, it is important to note that valuable objects important documents etc. should fundamentally not be taken on the trip. In the case of important documents, it is recommended that copies be made and used, provided copies are accepted. It is not possible to exclude the possibility of theft of valuables and therefore the Customers must take responsibility for this risk themselves.
6.2. Organising insurance cover (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for travel abroad, protection against delays, personal protection, etc.), which guarantees sufficient coverage from the date of the package travel contract until the end of the tour, is recommended. Additional information on insurance can be found in the tour operator’s catalogue.
7. Package travel contract
7.1. Alpenature or tour operator must provide the Customer with a copy of the contract document or a confirmation of the contract on a durable data carrier (e.g. paper, email) when a tour contract is concluded or immediately thereafter. If the tour contract is concluded in the simultaneous presence of the contracting parties, the Customer 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 Customer can, provided that he/she agrees, the copy or confirmation of the travel contract can also be made available on another permanent data carrier (e.g. email).
7.2. Alpenature or tour operator must provide the Customer with the necessary booking vouchers, vouchers, tickets and tickets, information on the planned departure times and, if applicable, the deadlines for check-in as well as planned intermediate stops, connecting connections and arrival times, in good time before the start of the package tour.
8. Changes before departure
8.1. Alpenature has to inform the Customer clearly, understandably and clearly on a permanent data carrier (e.g. email or paper) at the address last given by him/her about insignificant changes to the content of the package travel contract, which the tour operator has reserved in the package travel contract and which he/she unilaterally in accordance with § 9 Paragraph 1 PRG undertakes to inform.
Insignificant changes are – although this must be checked in each individual case – to minor, objectively justified changes that do not significantly change the character and/or the duration of the booked trip.
8.2. If the tour operator is forced to make significant changes to the essential characteristics of the travel services in accordance with Section 9 (2) PRG (see 4 (1) No.1 PRG), he/she cannot meet the customer’s requirements that have been expressly confirmed by him/her or he/she would like the total price of the tour accordingly
The Customer can increase the provisions of § 8 PRG by more than 8%
- (tacitly) agree to the proposed changes within a reasonable period set by the tour operator, or
- agree to participate in a substitute trip, provided this is offered by the tour operator, or
- withdraw from the contract without paying any compensation.
Alpenature must therefore inform the Customer in the above-mentioned cases about the following points on a durable data carrier at the address they last provided:
- Changes to the travel services and, if applicable, their effects on the price of the package tour
- Reasonable period within which the Customer informs the tour operator of his/her decision, as well as the legal effect of not making a declaration within the reasonable period
- If applicable, the tour offered as a replacement and its price
The Customer is recommended to use the written form when making his/her declaration. If the Customer does not make a declaration within the period, this is deemed to be consent to the changes.
9. Liability
9.1. Alpenature is liable within the scope of § 17 PRG for booking errors (e.g. typographical errors), unless these are due to an erroneous, incorrect or incomplete information provided by the traveller or to unavoidable and extraordinary circumstances within the meaning of § 2 Paragraph 12 PRG.
9.2. Alpenature is not liable for property damage or financial loss of the Customer in connection with the booking, provided that they are due to unavoidable and extraordinary circumstances within the meaning of § 2 Paragraph 12 PRG.
9.3. Alpenature is not liable for the provision of the service brokered by them or for the provision of a service which has not been arranged by them or has not been promised by them to provide the Customer or for additional services booked by the Customer himself/herself after the start of the trip. If Alpenature does not fulfill their information obligations or obligations to insolvency protection in the mediation of related travel services within the meaning of § 15 paragraph 2 PRG, they are liable according to the provisions of §§ 7 and 10 as well as the 4th section of the PRG, which otherwise only apply to package tours.
9.4. If Alpenature arranges a package tour for a tour operator based outside the EEA, they must prove that the tour operator fulfills the obligations specified in Section 4 of the PRG (provision of the agreed services, warranty, compensation, obligation to provide assistance). If this is not the case, Alpenature is liable according to § 16 PRG for compliance with the stated obligations.
10. Booking changes/Remuneration of Alpenature
Alpenature is entitled to a reasonable fee for their work.
10.1. If Alpenature creates a travel offer corresponding to the traveller’s information, but there is no booking afterwards the fee (advisory fee) per booking offer is 15% of the total cost of the booking fee. This amount will be added to the invoice amount when booking.
10.2. If a booking of services (e.g. package tour, flight or hotel) is made through Alpenature with the respective tour operator or service provider, the fee (booking fee) per booking is 15% of the total cost of the travel offer/booking fee.
10.3. If the Customer wishes to transfer the booking/Tour contract within the meaning of § 7 PRG to another person, Alpenature is entitled to the actual or accrued and not unreasonable costs of the transfer, but in any case a processing fee starting from €20 based on point 10.7.
The booking/travel contract may be transferred to another traveller, providing the following conditions are met:
- The new Customer accepts the transfer, and general terms and conditions of Alpenature
- The new Customer complies with the terms of the existing booking
- The new Customer has valid holiday insurance – holiday insurance cannot be transferred to the new Customer
10.4. For changes (e.g. rebooking) that are necessary due to incorrect or incomplete information from the Customer, Alpenature is entitled to the actual or accrued and not unreasonable costs, in accordance with § 7 Paragraph 2 PRG, but in any case a processing fee of €50. Name change for the same Customer will have no fees.
10.5. For rebooking of booked services (e.g. new date, different hotel, etc.), for the processing of booked services (e.g. additional services for flights, etc.) as well as for the cancellation of booked services, Alpenature is responsible for the actual or accrued and not unreasonable costs, at least but a rebooking, processing or cancellation processing fee starting from €20 based on point 10.7.
10.6. Certain transport providers treat changes as a cancellation and charge accordingly, up to the full cost for that part of the arrangement. Rebooking fees and all other cost invoiced to Alpenature by the brokered transport companies (e.g. taxi, train, bus and plane etc.) and other brokered service providers will be invoiced to the rebooking the new Customer accordingly.
10.7. A ‘Processing Fee’ will be charged for each detail of the booked services that is allowed to change, see the amendment fees table below:
| Changes | 7 or more days to arrival | 4-6 days to arrival | 2-3 days to arrival | 1-0 days to arrival |
|---|---|---|---|---|
| Name correction (same Customer) | No charge* | No charge* | No charge* | No charge* |
| To change a Customer or Customer type | No charge* | No charge* | No charge* | No charge* |
| To change pick-up location, duration and/or to start Tour earlier then planned | No charge* | €20 or 85% of total booking fee, whichever is higher | €20 or 90% of total booking fee, whichever is higher | 100% of total booking fee |
| To postpone Tour | No charge* | €20 or 85% of total booking fee, whichever is higher | €20 or 90% of total booking fee, whichever is higher | 100% of total booking fee |
*Please note that this table refers to Alpenature fees.
Please note that more major changes, for example, changes that result in the booking/Tour contract ceasing will be treated as a cancellation and incur the appropriate charges in line with point 10.8.
When changing the booking details, the price of the new Tour will be based on the price on the day that the original package travel was made.
Some tours are priced according to the number of people staying there. If the Customer’s party size changes, the cost will be recalculate based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost is not a cancellation charge, and it is not normally covered by insurance. For the passengers no longer travelling, they will also incur the appropriate charges in line with point 10.8.
Some arrangements cannot be removed once they have been added to the Tours. These include: taxi transfers, number of meals, type of meals, dinner planning services. Certain add-ons, such as meals (lunch or dinner) and travel insurances, may be non-refundable. Alpenature will make this clear when those arrangements are booked. The Customer should check with Alpenature if he/she is unsure at the time of booking.
10.8. For cancellation of Tours, a full refund is only applicable when the Customer cancel at least 7 (seven) days before the Tour is scheduled to start or within 24 (twenty-four) hours of purchase.
10.9. In the case of illness or accident before the Tours, which makes participation in the booked service impossible, withdrawal is also permitted for the period from the occurrence of the impediment, if the Customer presents a medical certificate (without stating the diagnosis) to Alpenature within 3 (three) days. If the Customer is injured during the Tours, the confirmation must be issued by a doctor practicing at the holiday resort or the treating hospital. Alpenature will either issue a credit note for the proportionate remuneration or pay the proportionate remuneration back to the customer within 21 (twenty-one) days at the Customer’s choice.
10.10. The time of receipt of the letter of withdrawal by Alpenature is decisive for compliance with the deadline. In order to meet the respective deadline, the letter of withdrawal must be received by Alpenature at the latest at 11:59 p.m. before the deadline expires. Transmission errors and the like are at the expense of the Customer.
10.11. If a travel warning exists in the Customer’s country of origin due to COVID-19 or similar epidemics/pandemics etc., which also affects the area of the service provision, the Customer is only entitled to withdraw from the contract under the following conditions in the case of general foreseeability of such a travel warning: a) in case of a compulsory quarantine period of a maximum of 3 (three) days, regardless of a negative test result or other circumstances, in case of return to the country of origin, on payment of a cancellation fee of 50% of the paid fee, b) in case of a compulsory quarantine period of a maximum of 5 (five) days, regardless of a negative test result or other circumstances, in case of return to the country of origin, on payment of a cancellation fee of 25% of the paid fee, c) in case of a compulsory quarantine period of more than 5 (five) days, regardless of a negative test result or other circumstances, in case of return to the country of origin without any cancellation fee.
10.12. If the quarantine regulations were already in place before the time of booking, the Customer has no right of withdrawal according to point 10.11..
10.13. In all other cases the Customer is not entitled to withdraw from the contract without the express, written consent of Alpenature and is obliged to pay the full fee. This also applies in particular to the case of non-appearance or late appearance on the scheduled date.
10.14. Alpenature is entitled to withdraw from the contract at any time if the Customer’s participation in courses is under the influence of alcohol, drugs or medication to such an extent that safe participation can no longer be guaranteed. The same applies if the Customer persistently disobeys the instructions of the Alpenature, the instructors or the care personnel. The Customer is not entitled to any compensation in the event of such a termination of the contract; he/she is in particular also obliged to pay the full fee.
10.15. In the event of an – also proportional – refund of the fee paid by the Customer to the Alpenature for whatever reason, the Alpenature must use the same means of payment for the refund as the Customer used for the processing of his/her payment. However, the use of another means of refund payment is permitted if this was expressly agreed with the Customer and no costs are incurred by the Customer as a result.
10.16. For rescheduling or changing of number of guests for the Tours, it is possible within 24 (twenty-four) hours of booking, and up to 72 (seventy-two) hours before the Tour is scheduled to start. If the Customer reschedule a Tour, the cancellation policy is based on the original purchase time and original start date of the Tour (view point 10.8).
10.17. If it is not possible to conduct a Tour for safety reasons (e.g. weather conditions, danger of avalanches, etc.), Alpenature is not obliged to carry out the Tour. It is solely at the reasonable discretion of Alpenature to assess the impossibility to conduct the Tour, whereby a partial impossibility – e.g. no tobogganing or snowshoe hiking or ski/splitboard tour guiding are possible throughout the entire stay of the Customer – does not affect the fulfillment of the possible part of the Tour.
10.18. In the case of the (partial or complete) impossibility of performance according to point 10.17., Alpenature will refund the proportionate payment to the Customer within 21 (twenty-one) days. The Customer is not entitled to any further compensation beyond this.
10.19. Force majeure, in particular epidemics, pandemics, official measures such as closures, other unforeseeable and unavoidable events release the Alpenature from its performance obligations.
11. Delivery – Electronic correspondence
11.1. The address last made known to Alpenature (e.g. email address) is the delivery/contact address of the Customer. Changes are to be announced by the traveller immediately. The Customer is recommended to use the written form.
12. Use of sound, film and image recordings
12.1. In the case of sound, film and image recordings, the Customer agrees that the recordings made by him/her (sound, film, image) during and in connection with tours, events and trips arranged and/or organized by Alpenature without remuneration and may be used freely. All image rights are assigned to Alpenature.
12.2. By transmitting or making available sound, film and image recordings for further use by Alpenature, Alpenature is granted the right to use works (in particular the right to reproduction, …) and the right to processing and the right to transfer the rights of use. By transmitting or making available sound, film and image recordings, it is confirmed that the sender or provider is the author of these, and that Alpenature has unrestricted access to the sound, film and image recordings and without specifying copyrights, Alpenature the pictures in all media (travel programs, posters, advertisements, homepage, newsletter, competitions, invitations, lectures, films, mail signature, Catalogs, travel overviews, image folders, vouchers, flyers, forms, information sheets, excursion descriptions, etc.) and Alpenature may send the images to customers/partners/newspapers/etc. may forward in order to advertise Alpenature and their products.
12.3. This consent can be revoked at any time by email to info@alpenature.com or by letter to Alpenature – Emanuel Misslinger; Privacy; Schnann 49E/ Top 8; 6574 Pettneu am Arlberg; or by phone at +43 (0) 660-5836-302.
13. Travel conditions
13.1. Prices, services and conditions according to the Tours, registration form and travel conditions.
13.2. The prices quoted were correct at the time of going to print. Unavoidable, extraordinary or unpredictable circumstances can lead to changes in the scope of services and the Tours.
13.3. Alpenature reserves the right to change the Tours and the means of transport.
13.4. Each Customer is personally responsible for ensuring that the passport, if applicable the identity card, is legally valid for the respective country upon entry and for the duration of the stay. Children need their own passport – entries in the parents’ passport are not valid. If the Customer or one of his/her fellow travellers are not Austrian citizens or have a service or diplomatic passport, Alpenature asks that the Customer notify them immediately so that they can inform the Customer about the entry requirements of his/er country of travel. Non-Austrian citizens and holders of service or diplomatic passports are responsible for arranging the required entry formalities themselves.
13.5. For all underage Customers who are travelling without a legal guardian, in order to avoid difficulties during possible controls, legal guardians must give the young Customer a written confirmation with their name, address and telephone number, with which the consent to the trip is given. The permission of a legal guardian is sufficient. If the young Customer travels to a non-German-speaking country, the declaration of consent should be taken with the Customer to be on the safe side in English and, if possible, in the respective national language.
14. Privacy
14.1. It is particularly important to Alpenature to protect the Customer’s data, which is why Alpenature complies with the applicable data protection regulations, in particular the GDPR and the DSG, when processing the Customer’s personal data (e.g. master data). Below the Customer will find more information about the data processing Alpenature carries out:
14.2. Since Alpenature is not legally obliged, Alpenature does not appointed a data protection officer at the data protection authority.
14.3. The Customer has the following rights towards Alpenature with regard to his/her personal data: Right to information (Art 15 GDPR), Right to correction (Art 16 GDPR) or deletion (Art 17 GDPR), Restriction of processing (Art 18 GDPR), Right to data portability (Art 20 GDPR) and Right to object to processing (Art 21 GDPR).
Right of objection: If the processing of the Customer’s personal data is based on a balance of interests (Art 6 Paragraph 1 lit f GDPR: legitimate interests), the Customer has the right to object to the processing at any time for reasons that arise from his/her particular situation to insert. When exercising his/her right of objection, Alpenature asks the Customer to explain to them his/her reasons why Alpenature should not process his/her personal data as they have done. Alpenature will examine the situation and either discontinue or adjust the data processing or show the Customer their compelling reasons worthy of protection and continue the data processing. Alpenature will continue data processing even if it serves to assert, exercise or defend legal claims. Alpenature can object to data processing for the purposes of direct advertising and data analysis at any time. In this case, Alpenature will stop processing the data.
Right of withdrawal: If the Customer has given Alpenature his/her consent to the processing of his/her personal data, he/she can withdraw his/her consent at any time. The Customer’s revocation does not affect the legality of the data processing carried out up to the point of revocation.
In order to exercise the stated rights, the Customer must inform Alpenature personally, by telephone or in writing:
Alpenature Emanuel Misslinger; Schnann 49E/ Top 8, 6574 Pettneu am Arlberg Austria; Tel.: +43 (0) 660-5836-302; E-mail: info@alpenature.com
Please note that Alpenature can only provide the Customer with information if he/she can identify himself/herself.
14.4. If the Customer is of the opinion that the data processing violates applicable data protection law or that Alpenature violates his/her data protection claims, the Customer also has the right to lodge a complaint with the supervisory authority. Please address the complaint to: Austrian Data Protection Authority; Wickenburggasse 8, 1080 Vienna
Information about the processing of your personal data:
14.5. Website visit
Purpose: If Alpenature’s website is only used for information purposes (no registration and no transmission of other information), personal data is collected, which is transmitted from the Customer’s browser to their server. This is technically necessary in order to be able to display their website to the Customer and to guarantee the stability and security of the website.
Legal basis: Legitimate interest (Art 6 Paragraph 1 lit f GDPR), Section 96 Paragraph 3 TKG 2003
The following data is processed: IP address, date and time of the request, time zone difference to GMT, content of the request (specific page), access status / HTTP status code, amount of data transferred, requesting website, browser, operating system and interface, language and version of the browser software.
Storage period: 26 months
Recipients: Google Analytics, a web analysis service provided by Google Inc, (1600 Amphitheater Parkway Mountain View, CA 94043, USA; “Google”)
14.6. Electronic contact requests through the website
Purpose: To process contact requests via email or the website contact form. Legal basis: fulfillment of a contract, necessary to carry out pre-contractual measures (Art 6 Paragraph 1 lit b GDPR), legitimate interest (Art 6 Paragraph 1 lit f GDPR), Section 96 Paragraph 3 TKG 2003
The following data is processed: Master data, content data of the request
Storage period: Until the request is answered. If there are statutory retention requirements, processing will be restricted until then.
Recipient: Alpenature Emanuel Misslinger
14.7. Cookies/web analysis service
Purpose: To improve the range of services, website and direct mail
Legal basis: Consent (Art 6 Para 1 lit a GDPR), fulfillment of a contract, necessary to carry out pre-contractual measures (Art 6 Par 1 lit b GDPR), legitimate interest, in particular to improve our own services for the benefit of users (Art 6 Para 1 lit. f GDPR), Section 96 (3) TKG 2003
The following data are processed: IP address
Storage period: 26 months
Recipient: Google Analytics, a web analysis service provided by Google Inc, (1600 Amphitheater Parkway Mountain View, CA 94043, USA; “Google”)
14.8. Customer administration, accounting, logistics and bookkeeping
Purpose: Processing of personal data in the context of any business relationships with customers and suppliers in the context of a commercial exercise, including systematic recording of all business transactions relating to income and expenditure.
Legal basis: Consent (Art 6 Para 1 lit a GDPR), fulfillment of a contract, necessary to carry out pre-contractual measures (Art 6 Par 1 lit b GDPR), fulfillment of a legal obligation (Art 6 Par 1 lit c GDPR), legitimate interest, esp Defense, exercise and assertion of legal claims (Art 6 Paragraph 1 lit f GDPR), express consent (Art 9 Paragraph 2 lit a GDPR).
Storage period: Until the end of the business relationship or until the expiry of the guarantee, warranty, statute of limitations and statutory retention periods (in particular BAO); in addition, until the end of any legal disputes in which the data is required as evidence.
Recipients: Tax office, courts and authorities, suppliers, debt collection agencies, banks dealing with the payment to the person concerned or to third parties, legal representatives, accountants, payroll administrators. The provision of the Customer’s personal data is required to fulfill the contract or to carry out pre-contractual measures. Without this data, Alpenature cannot conclude a contract with the Customer.
14.9. Customer care and marketing for own purposes
Purpose: Processing of own or purchased customer and prospect data for the initiation of business regarding the own delivery or service offer as well as for the implementation of advertising measures and sending out newsletters; Customer Relation Management.
Legal basis: Consent (Art 6 Para 1 lit a GDPR), fulfillment of a contract, necessary to carry out pre-contractual measures (Art 6 Par 1 lit b GDPR), fulfillment of a legal obligation (Art 6 Par 1 lit c GDPR), legitimate interest, esp Defense, exercise and assertion of legal claims (Art 6 Paragraph 1 lit f GDPR)
The following data is processed for sending the newsletter: Master data
The following data is processed for sending by post: Master data
The following data is processed for advertising via social media: Master data
The following data is processed for telephone marketing: Master data
Storage period: The data may be stored until the end of the third year after the last contact with the person responsible, unless there are longer contractual or statutory retention periods.
Recipients: Alpenature; Company of the analysis service/service provider
14.10. Handling of travel services
Purpose: Booking, processing and billing of travel services for private and business customers; Processing of services for customers who resell the travel service
Legal basis: Consent (Art 6 Para 1 lit a GDPR), fulfillment of a contract, necessary to carry out pre-contractual measures (Art 6 Par 1 lit b GDPR), fulfillment of a legal obligation (Art 6 Par 1 lit c GDPR), legitimate interest, esp Defense, exercise and assertion of legal claims (Art 6 Paragraph 1 lit f GDPR); Special categories of personal data Art 9 and 10 GDPR with express consent if this is absolutely necessary for the fulfillment of the contract.
Storage period: The data will be stored confidentially and with integrity until the expiry of the statutory warranty and compensation periods, unless longer contractual or statutory retention periods exist.
Recipients: Tax office, courts and authorities, legal representatives, public accountants and, in particular, foreign representations and/or consulates for handling (incoming) travel formalities (e.g. visas) or on-site travel service providers (in particular hotels and transport companies) or transport companies.
Third country transfer: In order to fulfill the contract, the transfer of personal data to a third country is also necessary. The customers have been informed about any risks of the transmission and expressly consent in accordance with Article 49 Paragraph 1 lit a GDPR or the transmission is necessary in accordance with Article 49 Paragraph 1 lit b GDPR to fulfill the contract.
The provision of your personal data is required to fulfill the contract or to carry out pre-contractual measures. Without this data, Alpenature cannot conclude a contract with the Customer.
14.11. Information about data transfers to third countries or to international organizations
The data processed by us are generally not transmitted to recipients in third countries or international organizations, unless this is necessary for the specific fulfillment of the contract (travel to third countries).
14.12. Information about data transfers to cooperation partners
The data processed by Alpenature are generally not transmitted to third parties, unless the Customer has registered for a trip that is or was carried out as part of a cooperation with the specific cooperation partner and/or this is necessary for the specific fulfillment of the contract.
