(1) The organiser unilaterally may increase the price of the package only if
1. the contract provides for this option and moreover includes an indication of the organiser’s obligation to reduce the price of the package as set out in subsection 4 sentence 1, along with information as to how changes to the price of the package are to be calculated, and
2. the increase of the price of the package results directly from
a) an increase of the price for the carriage of passengers due to higher costs for fuel or other energy sources,
b) an increase of taxes and other charges for the travel services agreed such as tourist taxes, harbour dues or airport charges, or
c) changes to the exchange rates relevant to the package concerned
occurring after conclusion of the contract.
The organiser is to notify the traveller on a durable medium in clear and comprehensible terms of the price increase and the grounds therefor and in this context is to communicate how the price increase is calculated. A price increase is effective only if it is in conformity to these requirements and the traveller is notified no later than 20 days before the start of the package.
(2) The organiser unilaterally may modify any conditions of the contract other than the price of the package only if this has been provided for in the contract and the modification is trivial. The organiser is to notify the traveller of the modification on a durable medium in a clear, comprehensible and prominent manner. A modification is effective only if it is in conformity to these requirements and if it is declared before the start of the package.
(3) Section 308 no. 4 and section 309 no. 1 are not to be applied to the reservations of the right to modify defined in subsections (1) and (2) that are agreed by pre-worded terms of contract.
(4) Where the contract provides for the possibility of increasing the price of the package, the traveller may demand that the price of the package be reduced if and insofar as the prices, charges or exchange rates set out in subsection (1) sentence 1 no. 2 have changed after conclusion of the contract and before the start of the package and this results in lower prices for the organiser. Where the traveller has paid more than the amount owed on this basis, the organiser is to refund the amount overpaid. The organiser may deduct the administrative costs they in fact have incurred from the refund for the amount overpaid. On the traveller’s demand, the organiser is to provide proof of the amount in which they have incurred administrative costs.