General Terms and Conditions of the Nationalpark Donau-Auen GmbH and the ÖBf AG
General
These general terms and conditions apply to all events and multiple-day programmes at the Donau-Auen National Park organized by the Nationalpark Donau-Auen GmbH (henceforth NP GmbH) and/or the ÖBf AG (henceforth ÖBf AG) and take effect at the time of the booking.
Bookings
For bookings of excursions and multiple-day programmes, a booking confirmation will be issued to the customer in writing as an email, fax or postal letter by the information offices of the national park (schlossORTH National Park Visitor Centre or Schloss Eckartsau information point) containing all relevant details regarding the event (date/time, prices, deadlines etc.). Booking confirmations are not issued for events requiring no advance registration, e.g. those events in which visitors may participate without a prior booking where availability allows.
Reservations
Reservations are not confirmed bookings and expire after a period of 14 (fourteen) days if no firm booking has taken place within this time period.
Payment
Upon confirmed booking an invoice will be issued by the NP GmbH. The invoice must be settled in full approximately 4 (four) weeks prior to the date/start of the event. Should no other arrangements have been agreed upon, the invoice will be issued electronically (as PDF) to the email address provided by the customer at the time of the booking. The timely payment of the full invoice sum to the NP GmbH authorizes the customer to participate in the booked event.
Payment of multiple-day programmes
Upon confirmed booking of a multiple-day programme (e.g. NP Camp Meierhof), an invoice for the full sum will be issued by the NP GmbH. Payment in full must be received at least 8 (eight) weeks prior to the start of the booked multiple-day programme. Timely payment in full authorizes the customer to participate in the multiple-day programme.
Cancellations
As a rule, cancellations must be made in writing (by email, fax or postal mail) to the respective booking office and in adherence of the cancellation deadlines outlined below for each respective organizer (schlossORTH and/or Eckartsau information points for NP GmbH events). Should the visitor/customer cancel at a later date, or not participate in the event despite a confirmed booking, the NP GmbH reserves the right to retain the paid amount in full or to invoice the customer for the amount (100% of participants’ costs).
Cancellations of single-day programmes (excursions and indoor guided tours)
Cancellation at no cost up to a maximum of 3 (three) days prior to date of event.
Cancellations of multiple-day programmes (NP Camp Meierhof)
Cancellation at no cost for the entire group if at least 8 (eight) weeks prior to start of the multiple-day programme. A reduction in the number of participants without financial penalty is possible up to 3 (three) weeks prior to programme begin, whereby the minimum number of participants must be fulfilled. Should participation be prevented due to illness, the customer may petition for the refund of 50% of their participation fee upon the submission of a doctor’s certification of illness.
Impairment of performance
Should the NP GmbH and/or the ÖBf AG fail to fulfil their performance obligation in the manner agreed, each is entitled to address the possible claims of the guest by offering an alternative excursion or reduction in price. The carrying out of such substitute excursions requires the express agreement of the guest.
Alternative programmes
The NP GmbH and the ÖBf AG reserve the right to change or cancel programmes at short notice due to inclement weather and may offer one or more programmes as substitutes.
Liability
In regard to consumers, and in accordance with Section 1/para 1/line 2 of the Austrian consumer protection law (Konsumentenschutzgesetz, henceforth “KSchG”), the NP GmbH and the ÖBf AG limit their liability for minor and gross negligence to damages that are typical for such contracts, and in any case limit their liability to the amount of the contractual participation fee. No liability is assumed in the instance of minor negligence in secondary contractual obligations.
In regard to businesses, and in accordance with Section 1/para 1/line 1 of the KSchG, the NP GmbH and the ÖBf AG exclude liability for minor negligence. Liability for gross negligence is limited to damages that are typical for such contracts, and in any case limited to the amount of the contractual participation fee. This does not affect liability for injury to life, limb or health.
In the event of damage to articles belonging to, or property of the NP GmbH and/or the ÖBf AG, the responsible party (or the person in charge of supervising this party) shall be held liable for damages.
In the event of a legal dispute, Handelsgericht Korneuburg is the court of jurisdiction. Language of litigation is German.
Data Protection
The NP GmbH and the ÖBf AG (along with the National Park Institute of the Natural History Museum) act as Joint Controllers in accordance with Article 26 of the Regulation (EU) 2016/679 (General Data Protection Regulation, or GDPR). Personal data is processed for the duration of the legally determined retention period in the course of registration and carrying out of contractual obligations with customers. Particularly sensitive data (such as health-related information like disabilities or allergies) collected in order to fulfil contractual obligations shall be anonymized.
Personal data required for proper invoicing shall be forwarded to the respective organizational unit for processing and shall be processed for the duration of the legally determined retention period.
In accordance with GDPR Articles 15-21, the data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed by writing to Nationalpark Donau-Auen GmbH, Schlossplatz 1, 2304 Orth/Donau (Austria), or sending an email to nationalpark@donauauen.at.
Every data subject has the right to lodge a complaint with the Austrian Data Protection Authority should they believe that their rights or interests have been abused.
NP GmbH and the ÖBf AG reserve the right to change or cancel programmes at short notice in the event of inclement weather and offer the guest(s) one or more alternative programmes as substitutes.
Photos
As a matter of course, both participants and NP GmbH and ÖBf AG staff will engage in photography in the course of most excursions and programmes. Participants who would not like to be photographed during such excursions should officially notify the group ranger at the start of the excursion, at the very latest. Rangers, however, cannot be held responsible or accountable for photos taken by other excursion or programme participants, nor are they responsible for the photographic activities of other participants.
Safety Regulations for Boat Tours in acc. with Austrian Shipping Law, Section 6/Para 1
Customers and programme participants are hereby informed that in accordance with Section 6/Para 1 of the Austrian Shipping Law, members of the vessel’s crew as well as other persons on board who may be involved in navigating a vessel or other vehicle are deemed unfit (mentally and bodily) for navigation should they be under the influence of alcohol; a blood alcohol level of 0.5 per mille indicates intoxication for legal purposes. The trained boat navigators leading the NP GmbH and ÖBf AG excursions depend on the constructive participation of excursion guests to successfully and safely navigate. For this reason, NP GmbH and ÖBf AG reserve the right to refuse participation in such tours and programmes to persons exhibiting signs of intoxication (alcohol, drugs) or appear otherwise bodily unfit to participate in the programme or excursion.