General Terms and Conditions for Consumers, Businesses, Organisations and Groups

Part A – General Provisions for All Customers

1. Provider and Scope

1.1. The provider of the services is:

1.2. These Terms and Conditions apply to all services of TraunXperience, in particular to guided water, paddling, kayak, canoe, SUP, rafting and rubber-boat tours, the rental of equipment and other leisure, nature and adventure offerings.

1.3. These T&C apply to consumers as well as to businesses, organisations, associations, schools, municipalities and other groups.

1.4. Part A applies to all customers. Part B additionally applies to consumers. Part C additionally applies to businesses, organisations and groups, unless mandatory legal provisions provide otherwise.

1.5. The version of the T&C made available to customers prior to conclusion of the contract is decisive.

2. Consumers, Businesses and Groups

2.1. Consumers are persons for whom the transaction does not relate to the operation of a business.

2.2. Businesses are persons or legal entities for whom the transaction relates to the operation of a business.

2.3. Organisations and groups include in particular companies, associations, schools, municipalities, public institutions, employers, event organisers and other clients booking services for several persons.

2.4. Participants are those persons who actually take part in a tour or use equipment.

3. Booking and Conclusion of Contract

3.1. The presentation of services on the website, in brochures or on social media does not yet constitute a binding offer.

3.2. A contract is concluded once TraunXperience confirms the booking in writing, by email, electronically or expressly verbally.

3.3. The specific scope of services arises from the booking confirmation, the description of services and any individually agreed conditions.

3.4. In the case of group bookings, the booking person must ensure that all participants are informed about the T&C, participation requirements, safety rules and risk briefing.

3.5. TraunXperience may refuse bookings for objective reasons, in particular due to lack of availability, safety concerns, unsuitable weather or water conditions, or missing participation requirements.

4. Services of TraunXperience

4.1. TraunXperience offers leisure, nature, water and adventure services as well as the rental of water-sports equipment.

4.2. Time, route and tour-duration information are guideline values. Changes may be necessary in particular due to weather, water level, current, safety, official requirements or nature conservation.

4.3. TraunXperience may change the schedule, start time, route, entry and exit points or implementation if this is necessary and reasonable for safety, weather, water-level, organisational or nature-conservation reasons.

4.4. Services not expressly agreed are not owed, in particular travel to and from the location, catering, accommodation, insurance or safekeeping of valuables.

5. Participation Requirements

5.1. Participation in water-related activities requires that the participating person can swim sufficiently, is physically and mentally fit and that no health conditions exist that would compromise safe participation.

5.2. For guided tours, participants must in principle be able to swim freely for at least 15 minutes.

5.3. Persons with safety-relevant health conditions must inform TraunXperience prior to the start of the service. This includes in particular cardiovascular conditions, epilepsy, asthma, diabetes, severe allergies, panic disorders, restricted mobility, pregnancy or other relevant conditions.

5.4. Participation under the influence of alcohol, drugs or significantly impairing medication is prohibited.

5.5. Minors may only participate with the consent of their legal guardians. TraunXperience may require written consent.

5.6. TraunXperience may exclude persons from participation if there are justified doubts as to swimming ability, health suitability, sobriety, understanding of safety or fitness to participate.

5.7. If exclusion occurs for reasons attributable to the customer or the participating person, there is no claim to a refund, provided TraunXperience was ready to perform and no mandatory legal rights conflict with this.

6. Safety Briefing and Conduct

6.1. Before the start of every tour or equipment rental, a mandatory safety briefing takes place.

6.2. Participation in the safety briefing is a precondition for using the equipment and taking part in the tour.

6.3. Instructions of TraunXperience and the guides must be followed throughout the entire service.

6.4. Life jackets must be worn at all times during use on the water.

6.5. Helmets must be worn on Traun Gorge tours, on whitewater sections or upon corresponding instruction by TraunXperience.

6.6. Prohibited in particular are:

• jumping from boats, bridges, rocks or shore areas;
• switching between boats during a trip;
• wilful capsizing, rocking or endangering of other persons;
• leaving the group on one’s own initiative;
• navigating closed or prohibited sections;
• entering private property without consent;
• consuming alcohol or drugs before or during the tour;
• noise, littering, open fires or disturbance of nature, animals, neighbours or other users.

6.7. In the event of breaches of safety rules, nature- and water-protection requirements or instructions, TraunXperience may exclude the person concerned from the service or terminate the tour.

7. Equipment Rental

7.1. Rented equipment remains the property of TraunXperience.

7.2. The equipment may only be used for the agreed period, location and purpose.

7.3. Transfer to third parties is not permitted without the consent of TraunXperience.

7.4. The customer must use the equipment carefully, properly and in accordance with the safety briefing.

7.5. Recognisable damage must be reported immediately at handover.

7.6. Damage, loss or malfunctions during use must be reported to TraunXperience without delay.

7.7. The customer is liable for damage to or loss of equipment to the extent caused by culpable conduct, improper use, disregard of safety instructions or prohibited transfer.

7.8. Normal wear and tear and damage due to non-recognisable material defects shall not be borne by the customer.

7.9. In the case of culpably caused damage, the necessary and reasonable repair costs shall be reimbursed. In the case of loss or economic total loss, the current value or replacement value shall be reimbursed, to the extent legally permissible.

8. Prices, Payment and Deposit

8.1. The prices stated at the time of booking apply.

8.2. Consumer prices include statutory VAT, where a VAT obligation exists.

8.3. Unless otherwise agreed, payments are due upon booking, pickup or commencement of the tour.

8.4. TraunXperience may require an appropriate deposit or payment authorisation. This serves to secure justified claims, in particular arising from damage, loss or late return.

8.5. Identification documents may be presented for identity verification. Copying or permanent retention only takes place to the extent legally permissible.

9. Cancellation, Change or Termination by TraunXperience

9.1. TraunXperience may cancel, postpone, restrict or terminate services for objective reasons, in particular in the case of:

• flooding or dangerous water levels;
• thunderstorms, severe weather, storms or weather warnings;
• dangerous temperatures or risk of hypothermia;
• official measures or closures;
• insufficient minimum number of participants;
• absence of safety-relevant personnel;
• technical defects of safety-relevant equipment;
• other circumstances that compromise safe execution.

9.2. If TraunXperience cancels prior to the start of the service for reasons not attributable to the customer, the customer may choose between free rebooking and a refund of amounts already paid.

9.3. If a tour is terminated after it has begun for safety reasons, any refund shall be assessed on a case-by-case basis.

9.4. Further claims exist only in accordance with statutory provisions.

10. Nature, Water and Environmental Protection

10.1. Use is subject to applicable nature-, water-, navigation-, environmental- and civil-law requirements.

10.2. Closed, protected or officially restricted areas must not be navigated or entered.

10.3. Entry and exit may only occur at released points or those designated by TraunXperience.

10.4. Gravel banks, reed zones, reed beds, breeding sites, riparian vegetation and private property must not be entered or damaged.

10.5. Litter, glass, packaging, cigarette butts or other items must not be left in or on the water.

10.6. The customer is liable for damage, administrative penalties, claims for compensation or claims by third parties caused culpably, in accordance with statutory provisions.

11. Photo, Video and Audio Recordings

11.1. As part of its services, TraunXperience may take photo and video recordings to the extent permissible for documentation, safety, internal quality assurance or based on legitimate interests.

11.2. Publication of photos or videos in which participants are recognisable, in particular on the website, social media, print materials or for advertising purposes, only takes place on the basis of a separate consent or other sufficient legal basis.

11.3. A photo or video consent is voluntary and may be revoked at any time with effect for the future.

11.4. Not granting photo or video consent has no impact on participation.

12. Data Protection

12.1. TraunXperience processes personal data in accordance with applicable data-protection regulations, in particular the GDPR and the Austrian DSG.

12.2. Processing takes place in particular for booking handling, contract performance, payment processing, customer communication, safety organisation, fulfilment of legal obligations and, where applicable, the assertion or defence of claims.

12.3. Further information is available in the Privacy Policy of TraunXperience.

12.4. Newsletters are only sent on the basis of separate consent. This consent may be revoked at any time.

13. Liability of TraunXperience

13.1. TraunXperience performs services carefully, with safety in mind and taking foreseeable risks into account.

13.2. TraunXperience is liable for personal injury in accordance with statutory provisions.

13.3. For other damage, TraunXperience is liable in accordance with statutory provisions and the special rules below for consumers, businesses and organisations.

13.4. TraunXperience is not liable for damage caused exclusively by unauthorised, contract-breaching or safety-violating conduct of the customer or the participating person.

13.5. This includes in particular damage caused by:

• disregard of the safety briefing;
• non-compliance with guide instructions;
• false statements regarding swimming ability, health or fitness;
• participation under the influence of alcohol, drugs or significantly impairing medication;
• leaving the group on one’s own initiative;
• use outside the agreed area;
• navigating closed areas;
• improper use of equipment.

13.6. For valuables, smartphones, cameras, watches, jewellery, glasses, clothing and other personal items brought along, TraunXperience is liable only if the damage was caused intentionally or by gross negligence by TraunXperience or by persons for whom TraunXperience is responsible.

13.7. If an item is expressly accepted for safekeeping, statutory provisions apply.

14. Liability of the Customer

14.1. The customer is liable in accordance with statutory provisions for damage which they culpably cause to TraunXperience, other participants or third parties.

14.2. This applies in particular to culpable damage to equipment, disregard of safety instructions, transfer of equipment to third parties, navigating closed areas, entering private property or culpably caused recovery, retrieval or rescue measures.

14.3. Indemnification in favour of TraunXperience exists only to the extent that the damage or claim is attributable to culpable conduct of the customer and is legally permissible.

15. Warranty

15.1. Statutory warranty rights apply.

15.2. Statutory warranty rights vis-à-vis consumers are not excluded or limited.

15.3. Recognisable defects, safety concerns or damage to equipment must be reported immediately so that TraunXperience can take corrective action.

Part B – Special Provisions for Consumers

16. Applicability

16.1. This part applies if the customer is a consumer.

16.2. In the event of conflicts between Part A and Part B, the consumer-protective provisions of Part B prevail.

16.3. Mandatory legal rights of consumers remain unaffected.

17. No Right of Withdrawal for Time-Specific Leisure Services

17.1. For contracts on services rendered in connection with leisure activities, consumers have no statutory right of withdrawal if a specific time or period is foreseen for performance by TraunXperience.

17.2. This applies in particular to booked tours, courses, experiences, group events and other leisure offerings of TraunXperience that are booked for a specific date or period.

17.3. This also applies to rental services with a fixed period of use, to the extent these qualify as leisure services with a specific service period.

17.4. The legal basis for this is § 18 (1) no. 10 FAGG (Austrian Distance and Off-Premises Contracts Act).

17.5. Notwithstanding the above, the following contractual cancellation terms apply.

18. Cancellation Terms for Consumers

18.1. Unless otherwise agreed for the specific booking, the following cancellation terms apply to consumers:

18.2. The customer remains free to provide proof that no damage or only lesser damage was incurred by TraunXperience.

18.3. TraunXperience reserves the right to provide proof of higher damage, to the extent legally permissible.

18.4. Substitute participants may be named upon consultation with TraunXperience, provided they fulfil the participation requirements and rebooking is organisationally possible.

18.5. If the customer does not, or only partially, make use of a properly offered service for reasons within their sphere, there is no claim to a refund, to the extent legally permissible.

19. Liability towards Consumers

19.1. Vis-à-vis consumers, TraunXperience is liable for personal injury in accordance with statutory provisions.

19.2. For other damage, TraunXperience is liable in cases of intent and gross negligence.

19.3. In cases of slight negligence, TraunXperience is liable for other damage only in case of breach of essential contractual obligations, to the extent legally permissible.

19.4. Essential contractual obligations include in particular the provision of suitable equipment, the performance of safety-relevant briefings and compliance with fundamental safety requirements.

19.5. Mandatory statutory claims of consumers remain unaffected.

20. Default of Payment by Consumers

20.1. In the event of default of payment, the statutory default interest applies vis-à-vis consumers.

20.2. Reminder and collection costs will only be charged to the extent necessary for appropriate legal pursuit, reasonable and legally permissible.

21. Place of Jurisdiction for Consumers

21.1. For actions against consumers, the statutory places of jurisdiction apply.

21.2. No jurisdiction agreement deviating from statutory provisions to the detriment of consumers shall be made.

Part C – Special Provisions for Businesses, Organisations and Groups

22. Applicability

22.1. This part applies to businesses, organisations, associations, schools, municipalities, public institutions, employers, event organisers and other group bookings, to the extent the contract does not qualify as a consumer transaction.

22.2. In case of doubt, it must be disclosed prior to conclusion of the contract whether the booking is made as a consumer or as a business or organisation.

22.3. If an organisation or company books for several participants, the booking organisation is the contractual partner of TraunXperience, unless expressly agreed otherwise.

23. Obligations of the Booking Organisation

23.1. The booking organisation must ensure that all participants meet the participation requirements.

23.2. The booking organisation must inform all participants in good time about the T&C, safety rules, participation requirements and risk briefing.

23.3. In the case of minor participants, the booking organisation must ensure that the necessary consents of the legal guardians are in place.

23.4. For school groups, associations or other supervised groups, the general duty of supervision of the respective teachers, accompanying persons or group leaders remains in place.

23.5. TraunXperience assumes the technical leadership on the water, in particular safety, navigation, technique and situational instructions.

23.6. The booking organisation must inform TraunXperience in good time about special risks, in particular health restrictions, lack of swimming ability, special care needs or other safety-relevant circumstances of individual participants.

24. Payment by Businesses and Organisations

24.1. Invoices to businesses and organisations are due, unless otherwise agreed, within 14 days of invoicing without deduction.

24.2. TraunXperience may require a reasonable down payment.

24.3. In the event of default of payment, the statutory commercial-law default interest applies vis-à-vis businesses.

24.4. The customer must provide TraunXperience with all data necessary for invoicing correctly and completely.

25. Cancellation Terms for Businesses, Organisations and Groups

25.1. Unless otherwise agreed for the specific booking, the following cancellation terms apply to businesses, organisations and groups:

25.2. The cancellation fee takes into account in particular reservation, organisational preparation, personnel planning, material disposition, blocked capacities and lost alternative booking opportunities.

25.3. TraunXperience takes saved expenses into account.

25.4. The customer remains free to provide proof that no damage or only lesser damage was incurred by TraunXperience.

25.5. TraunXperience reserves the right to provide proof of higher damage, to the extent legally permissible.

25.6. Changes in the number of participants must be communicated to TraunXperience as early as possible. Whether a reduction can be taken into account in fee terms depends on the time of notification, the specific service, costs already incurred and reasonableness for TraunXperience.

26. Liability towards Businesses and Organisations

26.1. Vis-à-vis businesses and organisations, TraunXperience is liable for personal injury in accordance with statutory provisions.

26.2. For other damage, TraunXperience is liable vis-à-vis businesses and organisations only in cases of intent or gross negligence, to the extent legally permissible.

26.3. Liability for slight negligence is excluded vis-à-vis businesses and organisations, unless mandatory legal provisions provide otherwise.

26.4. Liability for lost profit, indirect damage, consequential damage, frustrated expenses, business interruptions, reputational damage or pure financial loss is excluded vis-à-vis businesses and organisations, to the extent legally permissible.

26.5. The liability of TraunXperience vis-à-vis businesses and organisations is limited in amount to the fee agreed for the specific service, to the extent legally permissible. This limitation does not apply in cases of personal injury, intent or gross negligence.

26.6. Mandatory statutory liabilities remain unaffected.

27. Liability and Indemnification by Organisations

27.1. The booking organisation is liable for its own organisational fault.

27.2. The booking organisation is liable in particular for damage arising from inadequately informing participants, registering unsuitable participants, failing to obtain consent for minors, failing to forward safety-relevant information or breaching duties of supervision.

27.3. The booking organisation shall indemnify TraunXperience against claims of third parties, to the extent these claims are attributable to culpable conduct or culpable omissions of the organisation, its bodies, employees, accompanying persons or participants.

27.4. This indemnification only applies to the extent legally permissible.

28. Place of Jurisdiction for Businesses and Organisations

28.1. Vis-à-vis businesses, organisations, associations, schools, municipalities, public institutions, employers, event organisers and other groups, the court with subject-matter jurisdiction in Wels is agreed for all disputes arising from or in connection with the contractual relationship with TraunXperience.

28.2. TraunXperience is entitled to assert claims also at the customer’s general place of jurisdiction.

28.3. This jurisdiction agreement does not apply vis-à-vis consumers.

Part D – Final Provisions

29. Vouchers

29.1. Vouchers are valid, unless otherwise stated, for 30 years from issuance, unless a legally permissible shorter period has been agreed.

29.2. Cash redemption is excluded, to the extent legally permissible.

29.3. Date-dependent services are subject to availability and weather, water-level and safety conditions.

30. No Package Travel Contract Unless Expressly Agreed

30.1. The services of TraunXperience are in principle leisure, sports, adventure and rental services.

30.2. A package travel contract only exists if at least two different travel services within the meaning of the Package Travel Act are expressly combined into an overall package and offered as such.

30.3. If, in an individual case, services are offered that are subject to the Package Travel Act, the mandatory provisions of the Package Travel Act take precedence over these T&C.

31. Force Majeure and Unavoidable Events

31.1. TraunXperience is not liable for non-performance or delayed performance of services, to the extent attributable to force majeure or unavoidable extraordinary circumstances.

31.2. This includes in particular natural events, flooding, severe weather, thunderstorms, storms, official closures, official measures, safety warnings, epidemics, pandemics, strikes, failure of safety-relevant infrastructure or other events outside the sphere of influence of TraunXperience.

31.3. Fees already paid will be refunded or credited to a substitute date in the event of cancellation by TraunXperience, in accordance with these T&C and statutory provisions.

32. Communication

32.1. Legally relevant declarations may be made in writing or by email, unless a stricter statutory form is required.

32.2. The customer must communicate changes to their contact details without delay.

33. Applicable Law

33.1. Austrian law applies, excluding conflict-of-laws provisions, unless mandatory consumer-protection provisions conflict with this.

33.2. For consumers with their habitual residence in another state, mandatory consumer-protection provisions of that state remain unaffected to the extent they are mandatorily applicable.

34. Contract Language

The contract language is German. This English translation is provided for convenience only; the German version is legally binding.