
The following provisions, insofar as they are effectively agreed, shall become part of the package travel contract (hereinafter referred to as the 'Travel Contract') concluded between you and us.
They supplement and fulfill the legal requirements of §§ 651a – y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB). Deviations in the respective travel advertisement as well as 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 Zahlungen des Reisepreis dürfen nur gegen Aushändigung des Sicherungsscheines im Sinne von § 651r BGB erfolgen. 7 Tage nach Abschluss des Reisevertrages wird 50 % des Reisepreises fällig, sofern der Sicherungsschein übergeben ist und die Reise nicht mehr aus dem in Ziffer 7 genannten Grund abgesagt werden kann.
2.2 Der Betrag für über die Obu travel GmbH & Co. KG gebuchte interkontinentale Flugverbindungen wird unmittelbar nach Festbuchung und daraufhin erfolgter Rechnungsstellung fällig.
2.3 Es werden verschiedene Zahlungsarten angeboten, aus denen der Kunde frei wählen kann.
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 get my invoice?
After booking, you will receive the invoice from us by email.
The invoice is attached to the email 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 for free from the Adobe website www.adobe.de.
Which bank account should I pay into?
If you'd like to pay by invoice, please send the payment with the customer and order number to the following recipient:
How secure is paying on the internet?
All payment information is encrypted when transferred from your computer to our server. We use the Secure Socket Layer (SSL) protocol for this. This method has proven itself in recent years for encrypting credit card and payment information. Only in the event that a transfer via SSL is not technically possible for you, we offer the alternative of transmitting the 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 information cannot be read by unauthorized persons during transmission on the Internet. During encryption, the characters you enter are converted into a code that can be transmitted securely on the Internet.
Each individual travel description also includes a specific travel price, which includes all the services specified for this trip. This so-called "starting price" describes the cheapest price at which the trip can be booked. The stated, cheapest travel price refers to the minimum bookable travel duration in the cheapest travel period for 2 people in the cheapest available room category. By selecting other criteria (higher room category, longer travel duration, single room occupancy), the travel price may be higher.
The services contractually agreed upon result from the service descriptions in the offer and from the information referring to them in the travel confirmation. The information contained in the offer is binding for Obu travel GmbH & Co. KG. However, Obu travel GmbH & Co. KG expressly reserves the right to declare a change in the offer information before the conclusion of the contract, about which the traveler is of course informed before 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 contrary to good faith, 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, insofar as the changed services are defective.
5.3 Obu travel GmbH & Co. KG is obliged to inform the customer immediately of 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 traveller is entitled to withdraw from the travel contract free of charge or to demand participation in a trip of at least equivalent value if Obu travel GmbH & Co. KG is able to offer such a trip from its offer without additional costs for the traveller. The traveller must assert these rights to Obu travel GmbH & Co. KG immediately after the declaration of Obu travel GmbH & Co. KG regarding the change of the travel service.
6.1 The customer can withdraw from the trip at any time before the start of the trip. The receipt of the cancellation notice by Obu travel GmbH & Co. KG is decisive. The customer is advised to declare the cancellation 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 the claim to the travel price. Instead, Obu travel GmbH & Co. KG may demand reasonable compensation for the travel arrangements made up to the time of withdrawal and its expenses, depending on the respective travel price, insofar as the withdrawal is not the responsibility of Obu travel GmbH & Co. KG or there is a case of force majeure.
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 percentage ratio to the travel price and taking into account the expenses usually saved and the usual possible other uses of the travel services when calculating the compensation. The compensation is calculated as follows according to the time of receipt of the cancellation notice:
up to 61 days before departure - 10% of the travel price
60 to 36 days before departure - 25% of the travel price
35 to 15 days before departure - 50% of the travel price
14 to 8 days before departure - 75% of the travel price
Less than 8 days before departure - 100% of the travel 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 as a result of premature return or for other compelling reasons, Obu travel GmbH & Co. KG will endeavor to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the services are completely insignificant or if statutory or official regulations preclude 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 observing a deadline for reasons of conduct
If the traveler persistently disrupts the execution of the trip despite a warning from Obu travel GmbH & Co. KG, or if he behaves in such a way that is in breach of contract that the immediate cancellation of the contract is justified. If Obu travel GmbH & Co. KG terminates the contract, it retains the right to the travel price; however, it must deduct the value of the expenses saved as well as those benefits that it obtains from other use of the services not used, including the amounts credited to it by the service providers.
8.2 Up to 4 weeks before departure
If a advertised or officially determined minimum number of participants is not reached, if the travel advertisement for the corresponding trip refers to a minimum number of participants. In any case, Obu travel GmbH & Co. KG is obliged to inform the customer immediately after the condition for the non-execution of the trip occurs and to forward the declaration of withdrawal to him immediately. A withdrawal must be declared to the customer no later than 30 days before the agreed start of the trip. The customer will receive the paid travel price back immediately. Should it already be 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 significantly complicated, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both Obu travel GmbH & Co. KG and the traveler can cancel the contract. If the contract is canceled, Obu travel GmbH & Co. KG may demand reasonable compensation for the travel services already provided or still to be provided to complete the trip.
9.2 Furthermore, Obu travel GmbH & Co. KG is obliged to take the necessary measures, in particular, if the contract includes return transport, to return the traveler. The additional costs for the return transport shall be borne by the parties in equal shares. 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. careful travel preparation;
2. the careful selection and monitoring of the service provider;
3. the accuracy of the description of all travel services specified in the offer, provided that Obu travel GmbH & Co. KG has not declared a change to the offer information in accordance with section 3 prior to the conclusion of the contract;
4. the proper provision of the agreed travel services.
10.2 Obu travel GmbH & Co. KG is liable for the fault 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 can request a remedy. Obu travel GmbH & Co. KG can refuse the remedy if it requires a disproportionate effort.
Obu travel GmbH & Co. KG can also provide a remedy by providing an equivalent substitute service. Obu travel GmbH & Co. KG can refuse the remedy if it requires a disproportionate effort.
11.2 Reduction of the travel price
For the duration of a non-contractual provision of the trip, the traveler can request a corresponding reduction in the travel price (reduction). The travel price must be reduced in the ratio in which the value of the trip in perfect condition at the time of sale would have been to the actual value. The reduction does not occur if the traveler is culpably negligent in reporting the defect.
11.3 Termination of the contract
If a trip is significantly impaired as a result of a defect and Obu travel GmbH & Co. KG does not provide a remedy within a reasonable period, the traveler can terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of securing evidence, expediently by means of a written declaration. The same applies if the trip cannot be reasonably expected of the traveler as a result of a defect for an important reason recognizable to Obu travel GmbH & Co. KG. The traveler owes Obu travel GmbH & Co. KG the part of the travel price attributable to the services used, provided that these services were of interest to him.
11.4 Compensation for damages
Regardless of the reduction or termination, the traveler can demand compensation for non-performance, unless the defect in the trip is based on a circumstance for which Obu travel GmbH & Co. KG is not responsible.
12.1 The contractual liability of Obu travel GmbH & Co. KG for damages that are not personal injury is limited to three times the travel price,
1. if damage to the traveler is neither intentional nor caused by gross negligence, or
2. if Obu travel GmbH & Co. KG is solely responsible for damage incurred by the traveler due to the fault of a service provider.
11.2 For all claims for damages against the organizer arising from tort that are not based on intent or gross negligence, Obu travel GmbH & Co. KG is liable for property damage up to EUR 4,100; if three times the travel price exceeds this sum, liability for property damage is limited to the amount of 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 to the extent that, under international agreements or statutory provisions based on them that apply to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions.
12.4 If Obu travel GmbH & Co. KG has the position of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the International Agreements of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). These agreements generally limit the air carrier's liability for death or personal injury as well as for loss and damage to baggage. If Obu travel GmbH & Co. KG is a 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 position of a contractual shipowner on cruises, liability is also governed by the provisions of the German Commercial Code and the Inland Waterways Act.
12.6 Physical injuries can occur, especially during sports trips. Each travel participant is aware of this risk and assumes all associated costs (including doctor's visits, hospital stays, etc.). 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 illness (especially Covid-19), the travel participant be evicted from the booked accommodation, or other costs arise, obu travel GmbH & Co. KG is not responsible or liable in this regard. The loss of wages / salary cannot be claimed from obu travel GmbH & Co. KG either. Every travel participant should be aware of the risk of Covid-19 and bears the sole risk and the associated costs.
13.1 The traveler must inform the tour operator if they do not receive the necessary travel documents (e.g. travel confirmation, flight ticket) within the period specified by the tour operator.
13.2 The traveler is particularly obliged to immediately notify the local tour guide of any complaints. The tour guide is responsible for providing a remedy, if possible. If the traveler culpably fails to report a defect, a claim for a reduction does not arise.
14.1 The traveler must assert claims against Obu travel GmbH & Co. KG for non-contractual provision of the trip within one month of the contractually intended end of the trip. After the deadline has expired, the traveler can assert claims if they were prevented from meeting the deadline through no fault of their own.
14.2 Claims of the traveler according to §§ 651 c to 651 f BGB become statute-barred in 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 general public holiday recognized by the state at the place of declaration or a Saturday, the next working day takes the place of such a day. If negotiations are pending between the traveler and Obu travel GmbH & Co. KG regarding the claim or the circumstances justifying the claim, the statute of limitations is suspended until the traveler or Obu travel GmbH & Co. KG refuses to continue the negotiations. The statute of limitations occurs at the earliest 3 months after the end of the suspension.
15.1 Obu travel GmbH & Co. KG guarantees to inform nationals of the country in which the trip is offered about passport, visa and health regulations as well as any changes to them before the start of the trip. The responsible consulate provides information for members of other countries.
15.2 Obu travel GmbH & Co. KG is not liable for the timely issuing and receipt of necessary visas by the respective diplomatic mission if the traveler has commissioned Obu travel GmbH & Co. KG to procure them, 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, resulting from non-compliance with these regulations shall be borne by the traveler, except if they are caused by culpable false or non-information on the part of Obu travel GmbH & Co. KG.
The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
The EU regulation on informing air passengers about the identity of the operating air carrier requires the tour operator to inform the customer of the identity of the operating airline for all flight 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(s) that are likely to operate the flight(s). As soon as the tour operator knows which airline will operate the flight, they 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. They must take all reasonable steps immediately to ensure that the customer is informed of the change as quickly as possible.
The list of airlines banned from operating in the EU ('Black List') is available on the following website:
http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
All personal data is collected and processed in accordance with German data protection regulations. Only the personal data necessary for processing the trip will be collected and forwarded to the partner. Our partners and employees are bound by us to maintain confidentiality.
This website uses Mouseflow, a web analysis tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark. Data processing serves the purpose of analyzing this website and its visitors. Data is collected and stored for marketing and optimization purposes. Usage profiles can be created from this data under a pseudonym. Cookies can be used for this purpose. With the Mouseflow web analysis tool, randomly selected individual visits (only with an anonymized IP address) are recorded. This creates a log of mouse movements and clicks with the intention of playing back individual website visits on a random basis and deriving potential improvements for the website from this. 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 given consent of the person concerned. Processing is carried out on the basis of Art. 6 (1) f) GDPR from the legitimate interest in direct customer communication and in the needs-based design of the website. For reasons arising from your particular situation, you have the right to object at any time to this processing of personal data concerning you based on Art. 6 (1) f GDPR. To do this, you can deactivate recording on all websites that use Mouseflow globally for your currently used browser under the following link: https://mouseflow.de/opt-out/
The traveler can only sue Obu travel GmbH & Co. KG at its headquarters.
For lawsuits filed by Obu travel GmbH & Co. KG against the traveler, the traveler's place of residence is decisive, unless the lawsuit is directed against registered traders or persons who have moved their place of residence or habitual abode abroad after conclusion of the contract, or whose place of residence or habitual abode is not known at the time the lawsuit is filed. In these cases, the headquarters of Obu travel GmbH & Co. KG is decisive.
Status December 2024
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