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The following provisions shall, insofar as they have been effectively agreed, become part of the package travel contract concluded between you and us (hereinafter referred to as the "travel contract").
They supplement the statutory provisions of Sections 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and supplement these. Deviations in the respective travel advertisement and individual agreements take precedence over these travel conditions.
1.1 By registering (e.g. booking via this website), the customer offers obu travel GmbH & Co. KG the conclusion of a binding travel contract.
1.2 The registration can be made in writing, verbally or by telephone. It is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, insofar as he has assumed a corresponding separate obligation by express and separate declaration.
1.3 The contract is concluded upon acceptance by Obu travel GmbH & Co. KG comes into effect. Acceptance does not require any particular form. Upon or immediately after conclusion of the contract, Obu travel GmbH & Co. KG will provide the customer with the travel confirmation.
1.4 If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer from Obu travel GmbH & Co. KG, to which it is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveler declares acceptance within the binding period of Obu travel GmbH & Co. KG within the binding period.
1.5 When booking flights, Obu travel GmbH & Co. KG acts only as an intermediary. The contract of carriage is concluded directly between the traveler and the airline. For flights, therefore, the general terms and conditions of the respective airlines apply, together with their cancellation and rebooking conditions, which depend on the fare booked. Obu travel GmbH & Co. KG will be happy to provide information on this.
1.6 We would like to point out that according to the legal regulations of §§ 312 ff. BGB (German Civil Code), there is no right of withdrawal for the travel services offered which were concluded by distance selling (in particular letters, telephone calls, telecopies, e-mails, SMS as well as telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB. However, there is a right of withdrawal if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request; in the latter case, there is no right of withdrawal.
2.1 Payments of the travel price may only be made against handover of the security certificate within the meaning of § 651r BGB. 14 days after conclusion of the travel contract, 50% of the travel price is due, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in section 7.
2.2 The amount for intercontinental flights booked via Obu travel GmbH & Co. KG is due immediately after the fixed booking and subsequent invoicing.
2.3 Various payment methods are offered, from which the customer is free to choose.
After conclusion of the travel contract (e.g. through an online booking and subsequent sending of the invoice & the security certificate), the customer is obliged to pay. The purchase contract is concluded on account, so that non-payment does not constitute a lawful cancellation and the travel price can be claimed/enforced by obu travel GmbH & Co. KG. All costs for this are to be borne by the customer.
How do I receive my invoice?
After booking, we will send you the invoice by e-mail.
The invoice is attached to the e-mail as a PDF. This file is created in Adobe Acrobat Reader format. If you do not have this program installed on your computer, you can download it free of charge from the Adobe website www.adobe.de.
To which bank account do I have to pay?
If you wish to pay by invoice, payment should be made to the following recipient, stating the customer and order number
How secure is online payment?
All payment information is encrypted during transmission from your computer to our server. We use the Secure Socket Layer (SSL) protocol for this purpose. This method has proven itself in recent years for encrypting credit card and payment information. Only in the event that SSL transmission is not possible for technical reasons do we offer the alternative of transmitting order data via a standard server.
Our security server software encrypts all your personal data such as credit card number, bank code, bank account number, name and address. This means that this information cannot be read by unauthorized persons during transmission over the Internet. During encryption, the characters you enter are converted into a code that can be transmitted securely over the Internet.
Each individual travel description also states a specific travel price which includes all the services specified for this trip. This so-called "starting price" describes the lowest price at which the trip can be booked. The lowest travel price indicated refers to the minimum bookable travel duration in the cheapest travel period for 2 people in the cheapest available room category. Selecting other criteria (higher room category, longer travel duration, single room occupancy) may result in a higher travel price.
The services that are contractually agreed are set out in the service descriptions in the offer and in the related information in the travel confirmation. The information contained in the offer is binding for Obu travel GmbH & Co. KG. Obu travel GmbH & Co. KG expressly reserves the right, however, to declare a change to the information in the offer prior to the conclusion of the contract, about which the traveler will of course be informed prior to booking.
5.1 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by Obu travel GmbH & Co. KG are only permitted if the changes or deviations are not significant and do not affect the overall nature of the booked trip.
5.2 Any warranty claims remain unaffected if the modified services are defective.
5.3 Obu travel GmbH & Co. KG is obliged to inform the customer immediately of any changes or deviations in services. If necessary, it will offer the customer a free rebooking or a free withdrawal.
5.4 In the event of a significant change to an essential travel service, the traveler is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least equal value if Obu travel GmbH & Co. KG is able to offer such a trip from its range at no extra cost to the traveler. The traveler must exercise these rights immediately after Obu travel GmbH & Co. KG about the change to the travel service.
6.1 The customer can withdraw from the trip at any time before the start of the trip. Decisive is the receipt of the declaration of withdrawal by Obu travel GmbH & Co. KG. The customer is advised to declare the withdrawal in writing.
6.2 If the customer withdraws before the start of the trip or does not start the trip, Obu travel GmbH & Co. KG loses its claim to the travel price. Instead, Obu travel GmbH & Co. KG may instead, insofar as it is not responsible for the withdrawal or in the event of force majeure, demand appropriate compensation for the travel arrangements made up to the time of withdrawal and its expenses, depending on the respective travel price.
6.3 Obu travel GmbH & Co. KG has staggered this compensation claim over time, i.e. taking into account the proximity of the time of withdrawal to the contractually agreed start of the trip in a flat-rate percentage of the travel price, and has taken into account expenses usually saved and usually possible other uses of the travel services when calculating the compensation. The compensation shall be calculated as follows according to the time of receipt of the declaration of withdrawal:
up to 61 days before departure - 10% of the travel price
60 to 36 days before departure - 25% of the tour price
35 to 15 days before departure - 50% of the tour price
14 to 8 days before departure - 75% of the tour price
Less than 8 days before departure - 100% of the tour price
- In the event that Obu travel GmbH & Co. KG is able to prove that the costs actually incurred at the time of the cancellation are higher than estimated in the cancellation scale, it reserves the right to charge correspondingly higher cancellation costs.
- If the customer does not show up for part of their vacation, 100% of the vacation costs will still be charged.
- Cancellation without prior payment of the travel price does not release you from the obligation to pay.
For example: The customer has not yet made a payment or deposit and wishes to cancel the trip 10 days before the start of the trip. Payment of the cancellation fee is still mandatory.
The payment deadline is the actual start of the trip.
- Your cancellation notification must be made in writing and the date of receipt will be used as the basis for the cancellation conditions mentioned above.
6.3.1 If contracts exist between obu travel GmbH & Co. KG and third-party providers (e.g. hotels, retreats, fitness facilities), which contain different cancellation conditions to those set out in point 6.3 (e.g. no cancellation possible), obu travel GmbH & Co. KG reserves the right to apply these conditions instead of the conditions stated in 6.3. The customer can find the specific cancellation conditions explicitly on the website of the respective travel package, tour or product.
6.4 In any case, the customer is at liberty to prove to the tour operator that the tour operator has suffered no loss at all or a significantly lower loss than the lump sum demanded by the tour operator.
6.5 If, at the customer's request, changes are made to the travel date, destination, place of departure, accommodation or mode of transportation (rebooking) up to 30 days before the start of the trip, Obu travel GmbH & Co. KG may charge a rebooking fee per traveler.
6.6 Customer rebooking requests made less than 30 days before the start of the trip can only be carried out, if at all possible, after withdrawal from the travel contract under the conditions set out in section 5.3 and simultaneous re-registration. This does not apply to rebooking requests that only incur minor costs.
6.7 Until the start of the trip, the traveler may request that a third party assumes the rights and obligations arising from the travel contract in their place. Obu travel GmbH & Co. KG may object to the entry of the third party if the third party does not meet the special travel requirements or if legal regulations or official orders prevent their participation. If a third party enters into the contract, he and the traveler are liable to Obu travel GmbH & Co. KG as joint and several debtors for the travel price and the additional costs incurred by the entry of the third party.
If the traveler does not make use of individual travel services due to premature return travel or for other compelling reasons, Obu travel GmbH & Co. KG will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services in question are completely insignificant or if statutory or official regulations prevent reimbursement.
Obu travel GmbH & Co. KG may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
8.1 Without notice for behavioral reasons
If the traveler persistently disrupts the execution of the trip despite a warning from Obu travel GmbH & Co. KG or if he/she behaves in such a way contrary to the contract that the immediate termination of the contract is justified. If Obu travel GmbH & Co. KG terminates the contract, it shall retain its claim to the travel price; however, it must allow the value of the saved expenses and the benefits it obtains from any other use of the unused service to be offset, including the amounts credited to it by the service providers.
8.2 Up to 4 weeks before departure
If an advertised or officially determined minimum number of participants is not reached, if a minimum number of participants is indicated in the travel advertisement for the respective trip. In any case, Obu travel GmbH & Co. KG is obliged to inform the customer of this immediately after the conditions for the non-performance of the trip have been met and to forward the declaration of withdrawal to the customer without delay. Cancellation must be declared to the customer at the latest on the 30th day before the agreed start of the trip. The customer will be refunded the paid travel price immediately. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, Obu travel GmbH & Co. KG must inform the customer of this.
9.1 If the trip is made considerably more difficult, jeopardized or impaired as a result of force majeure not foreseeable when the contract was concluded, both Obu travel GmbH & Co. KG and the traveler may terminate the contract. If the contract is terminated, Obu travel GmbH & Co. KG may demand reasonable compensation for the travel services already provided or still to be provided at the end of the trip.
9.2 Furthermore, Obu travel GmbH & Co. KG is obliged to take the necessary measures, in particular, if the contract includes return transportation, to transport the traveler back. The additional costs for the return transportation are to be borne equally by the parties. Otherwise, the additional costs shall be borne by the traveler.
10.1 Obu travel GmbH & Co. KG is liable within the scope of the duty of care of a prudent businessman for:
1. conscientious travel preparation;
2. the careful selection and monitoring of the service provider;
3. the accuracy of the description of all travel services stated in the offer, unless Obu travel GmbH & Co. KG has not declared a change to the details of the offer in accordance with Clause 3 prior to conclusion of the contract;
4. the proper provision of the agreed travel services.
10.2 Obu travel GmbH & Co. KG is liable for any fault on the part of the person entrusted with the provision of services.
11.1 Remedy
If the trip is not provided in accordance with the contract, the traveler may demand redress. Obu travel GmbH & Co. KG may refuse to remedy the situation if it requires disproportionate effort.
Obu travel GmbH & Co. KG can also remedy the situation by providing an equivalent replacement service. Obu travel GmbH & Co. KG may refuse to remedy the situation if it requires disproportionate effort.
11.2 Reduction of the travel price
The traveler can demand a corresponding reduction in the travel price for the duration of a non-contractual provision of the trip (reduction). The travel price is to be reduced in the same proportion as the value of the trip would have been at the time of sale in a defect-free condition to the actual value. The reduction shall not apply if the traveler culpably fails to report the defect.
11.3 Cancellation of the contract
If a trip is significantly impaired as a result of a defect and Obu travel GmbH & Co. KG fails to remedy the situation within a reasonable period of time, the traveler may terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of preserving evidence, it is expedient to do so by means of a written declaration. The same applies if the traveler is unable to continue the trip due to a defect for an important reason recognizable to Obu travel GmbH & Co. KG for a reason recognizable to Obu travel GmbH & Co. The traveler owes Obu travel GmbH & Co. KG the portion of the travel price attributable to the services used, insofar as these services were of interest to the traveler.
11.4 Compensation
Irrespective of the reduction or termination, the traveler can demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which Obu travel GmbH & Co. KG is not responsible for.
12.1 The contractual liability of Obu travel GmbH & Co. KG for damages that are not physical injuries is limited to three times the travel price,
1. insofar as damage to the traveler is caused neither intentionally nor through gross negligence or
2. insofar as Obu travel GmbH & Co. KG is responsible for damage incurred by the traveler solely due to the fault of a service provider.
11.2 Obu travel GmbH & Co. KG is liable for all claims for damages against the organizer arising from tortious acts that are not based on intent or gross negligence. KG is liable for property damage up to EUR 4,100; if the triple travel price exceeds this amount, liability for property damage is limited to three times the travel price. These maximum liability amounts apply per traveler and trip.
12.3 A claim for damages against Obu travel GmbH & Co. KG is limited or excluded insofar as a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions on the basis of international agreements or statutory provisions based on such agreements that are applicable to the services to be provided by a service provider.
12.4 If Obu travel GmbH & Co. KG has the status of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). These agreements generally limit the liability of the air carrier for death or personal injury as well as for loss of or damage to baggage. Insofar as Obu travel GmbH & Co. KG is the service provider in other cases, it is liable in accordance with the provisions applicable to these.
12.5 If Obu travel GmbH & Co. KG has the status of a contractual shipowner in the case of boat trips, liability is also governed by the provisions of the German Commercial Code and the Inland Navigation Act.
12.6 Physical injuries can also occur, particularly on sports trips. Each travel participant is aware of this risk and assumes all costs incurred (including visits to the doctor, hospitalization). It is the responsibility of the travel participant to take out health insurance / international health insurance.
12.7 Should a state quarantine be imposed due to a disease (in particular Covid-19), the travel participant be expelled from the booked accommodation or other costs arise, obu travel GmbH & Co. KG is not responsible in this respect and therefore cannot be held liable. The loss of wages / salary is also not to be claimed from obu travel GmbH & Co. KG can be claimed. Each travel participant should be aware of the risk of Covid-19 and bears the sole risk and associated costs.
13.1 The traveler must inform the tour operator if they do not receive the required travel documents (e.g. travel confirmation, flight ticket) within the period communicated by the tour operator.
13.2 In particular, the traveler is obliged to inform the local tour guide immediately of any complaints. The tour operator is instructed to remedy the situation if possible. If the traveler culpably fails to report a defect, there is no entitlement to a reduction.
14.1 The traveler must assert claims for non-contractual provision of the trip against Obu travel GmbH & Co. KG within one month of the contractually agreed end of the trip. After expiry of the deadline, the traveler may assert claims if he/she was prevented from complying with the deadline through no fault of his/her own.
14.2 Claims of the traveler according to §§ 651 c to 651 f BGB are subject to a limitation period of one year. The limitation period begins on the day on which the trip should end according to the contract. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration or a Saturday, the next working day shall take the place of such a day. If negotiations are pending between the traveler and Obu travel GmbH & Co. KG about the claim or the circumstances justifying the claim, the limitation period is suspended until the traveler or Obu travel GmbH & Co. KG refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension.
15.1 Obu travel GmbH & Co. KG is responsible for informing nationals of the country in which the trip is offered about passport, visa and health regulations and any changes to these before the start of the trip. For nationals of other countries, the relevant consulate will provide information.
15.2 Obu travel GmbH & Co. KG is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned Obu travel GmbH & Co. KG with the procurement, unless Obu travel GmbH & Co. KG is responsible for the delay.
15.3 The traveler is responsible for complying with all regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the traveler, unless they are caused by culpable misinformation or non-information on the part of Obu travel GmbH & Co. KG.
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.
The EU regulation on informing air passengers of the identity of the operating air carrier obliges the tour operator to inform the customer of the identity of the operating airline of all air transportation services to be provided as part of the booked trip at the time of booking. If the operating airline has not yet been determined at the time of booking, the tour operator is obliged to inform the customer of the airline or airlines that will probably operate the flight or flights. As soon as the tour operator knows which airline will operate the flight, it must inform the customer. If the airline named to the customer as the operating airline changes, the tour operator must inform the customer of the change. It must immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible.
The list of airlines with an EU operating ban ("black list") is available on the following website:
http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
The collection and processing of all personal data is carried out in accordance with German legal data regulations. Only such personal data is collected and forwarded to the partner as is necessary for the processing of the trip. Our partners and employees are sworn to secrecy.
This website uses Mouseflow, a web analysis tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark. The purpose of data processing is to analyze this website and its visitors. For this purpose, data is collected and stored for marketing and optimization purposes. This data can be used to create user profiles under a pseudonym. Cookies can be used for this purpose. The web analysis tool Mouseflow records randomly selected individual visits (only with anonymized IP addresses). This creates a log of mouse movements and clicks with the intention of randomly playing back individual website visits and deriving potential improvements for the website. The data collected with Mouseflow will not be used to personally identify the visitor to this website and will not be merged with personal data about the bearer of the pseudonym without the separately granted consent of the person concerned. Processing is carried out on the basis of Art. 6 (1) f) GDPR for the legitimate interest in direct customer communication and the needs-based design of the website. You have the right to object to this processing of your personal data based on Art. 6 (1) f GDPR at any time for reasons arising from your particular situation. To do so, you can deactivate recording on all websites that use Mouseflow globally for the browser you are currently using by clicking on the following link: https://mouseflow.de/opt-out/
The traveler can sue Obu travel GmbH & Co. KG only at its registered office.
For legal action by Obu travel GmbH & Co. KG against the traveler, the domicile of the traveler is decisive, unless the action is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is not known at the time the action is brought. In these cases, the registered office of Obu travel GmbH & Co. KG is decisive.
Status December 2024
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