General Terms and Conditions of Travelling
Completion of Travel Contract
With your registration, either in written form, orally or by fax, you offer us the completion of a binding travel contract. This contract becomes effective once we accept it. The acceptance does not require a specific form. You will receive a travel confirmation/invoice from us. Should the contents of the confirmation differ from the contents of the registration then a new offer of the tour operator is available which is binding for the duration of 10 days. The contract will be made complete based on this new offer, should you accept it within the required period of retention. Obvious misprints and miscalculations entitle OBÖNA Reisen to contest the validity of the travel contract.
Except in individual cases the following arrangement applies:
With the conclusion of the contract a deposit on the travel cost in the amount of twenty percent of the travel cost (rounded up to full figures of Euro 5.00) per person will be due. The remaining amount is due without added request 14 days prior to departure matching payment with delivery of travel documents, but at the latest on delivery or on receipt of the travel documents. When booking within 14 days prior to departure the complete payment for the travel is due immediately against delivery of the travel documents.
According to § 651k, BGB (German Civil Code) we safeguard all customers’ money with a security note as regulated by law against breach of warranty which is attached to the document of confirmation.
For the travel services basically all services described in the travel catalogue and the contents of the travel confirmation are relevant. Changes and additional agreements have to be confirmed by us. No formal agreement is needed if in exceptional cases we should be forced to change the airline identified in the flight table.
Changes of Services and Prices
Should changes of or deviations from particular travel services stated in the agreed contents of the travel contract become necessary after the completion of the contract which were not effected by the tour operator against bona fide they are permitted only as long as the changes or deviations are not extensive and the overall arrangement of the booked travel is not interfered with. Possible warranty claims remain inviolate as long as the altered services are without flaws. The tour operator is obligated to notify the customer about service changes or deviations immediately. As the case may be he will offer the costumer a rebooking or a cancellation at no charge. The tour operator reserves the right to change the published prices confirmed at the booking in case of increase in transportation costs or in payment for certain services like harbour dues or airport fees or a change of exchange-rates valid to the relevant journey up to the extent as these increases have effects on the travel price per person or per seat respectively, provided that there is a 4 months period between completion of contract and agreed date of travel. In case of a subsequent change of the travel price or change of a subsequent travel service the tour operator has to notify the customer immediately, but latest 21 days prior to departure. Price increases after that are not valid. In case of a price increase exceeding 5% or in case of extensive changes of a significant travel service the customer is entitled to withdraw from the travel contract without any charges or to demand participation in a journey of at least the same value if the tour operator is in a position to offer such a trip without extra cost to the customer from his tour programmes. The customer has to make these claims to the tour operator immediately after the tour operator declares the price increase or the change of services, respectively.
Cancellation by the Customer / Rebooking/Replacement
Prior to departure you can cancel the trip any time, even though it is recommended to give the cancellation in written form. Declaration of cancellation is considered as having reached us as long as we can take note of it during our business hours as listed on this page. If a declaration of cancellation is received outside of business hours or on an official holiday valid at our seat of business then the next working day is considered the day of reception.
Should you cancel the travel contract or you will not begin your journey, without cancelling the travel contract, without us being responsible for the non commencement of the journey we can demand appropriate compensation for the arrangement for the journey as well as for our expenditure. The amount of compensation complies with the travel price in consideration of the expenditure saved and of that which we could purchase by using the travel services elsewhere. Initially you will be charged the following percentages of the travel price, whereas you are free to prove that in connection with the cancellation none or less costs occurred.
|Days to departure
||package tour with flight
||tour with own transport
|up to 30 days
|from 6 days
When cancelling travel contracts for bookings as for example cruises, ferries or the holiday resorts La Jenny, Club Oasis, Aphrodite and Cap d’Agde those travel costs are calculated which are listed in the respective price tables.
Should changes concerning the date of travel, the accommodation, the meals, and the airport of departure or arrival (rebooking) be agreed upon after the completion of the contract upon your wish for a date within the temporal limits of this catalogue we are entitled to demand a service charge. This amounts to Euro 50.00 per booking up to 30 days prior to departure. From the 29th day prior to departure on (if at all feasible) we reserve the right to take it like cancellation to the composition payment. Should the travel cost be changed caused by a rebooking according to our clause “Payment” of the General Terms and Conditions possible extra costs will be due and have to be paid after receiving a confirmation of the rebooking. Possibly reduced costs will be credited to you.
Until departure you can name a third party to travel in your place. You are required to do this in due time. In this case we are entitled to charge a lump sum of Euro 30.00 per person and per rearrangement to cover extra costs.
Should you book a flight package tour on short-term and the commencement of the journey can only be guaranteed by depositing the ticket at the airport we have to charge a single payment of an extra Euro 30.00 per ticket as well as a possible collection fee.
Provided that in addition to a trip booked within the temporal validity of this catalogue a rebooking to the temporal validity of a subsequent catalogue has to be done this can not be processed as a rebooking but has to be seen as a cancellation charging the afore mentioned cancellation fees followed by a new registration.
Cancellation and Termination by the Tour Operator
Under the following circumstances we can cancel the travel contract before commencement of travel or terminate the travel contract after commencement of travel:
Without keeping a time limit. Should the costumer seriously disturb the realisation of a trip despite a warning and should he/she act contrary to contract in such a way that the immediate annulment of the contract is justified. Should we give notice in that case we will still be entitled to claim the price of travel taking into account the value of the saved expenses as well as those advantages which we secure by an elsewhere usage of the unclaimed benefits.
Up to 2 weeks prior to departure. Should an announced or officially defined minimum number of participation not be achieved if in the description of the trip a minimum number of participation has been indicated. In any case we will notify you should the prerequisite for the non realisation of the trip occur and we will provide you with the declaration of cancellation immediately. In this case you will get back whatever you paid for the trip.
Up to 4 weeks prior to departure. Should the realisation of the trip after exhausting all possibilities not be acceptable to us because there were not enough bookings for this trip so that the cost caused by the realisation of this trip would result in exceeding the economical sacrificial limits related to this trip. This might be the case, e.g., should an exceedingly high amount of customers cancel the trip on unexpected short notice. A right for cancellation on our part does not apply, should we be responsible for the circumstances leading to this, e.g. miscalculations, inadequate preparation of the trip, etc.
Should the trip be cancelled for the above mentioned reasons, which would take place immediately after the prerequisite comes true, you will be paid back the price for the trip. Should the realisation of the trip be impeded or be made impossible after completion of the travel contract by reasons which we have no influence over or which we are not responsible for we can cancel the contract.
Liability of the Tour Operator
The contractual liability of the tour operator for damages other than physical injuries is limited to the triple price of the travel,
insofar as the damages of the customer have not been caused intentionally or by gross negligence or
insofar as the tour operator alone is responsible for the damage caused to the customer due to the fault of the service provider.
For all claims of the customer for damages against the tour operator due to unauthorized activities the tour operator is liable for damages to persons up to Euro 76,700.00 per customer and trip. The limitation of liability for property damages amounts to Euro 4,090.00 per customer and trip. Should the price for the trip amount to more than Euro 1,365.00 the liability is limited to the triple amount of the price for the travel. In this context the customer is recommended in his own interest to take out a travel accident and baggage insurance. The tour operator is not liable for service disruptions in connection with services which are only arranged as external services (e.g. sports events, theatre visits, exhibitions, etc.) and which are explicitly identified as external services in the description of the trip.
A claim for damages against the tour operator is limited or excluded insofar as: according to international agreements or to such existing legal regulations which should be applied to the services to be performed by a service provider, a claim for damages against the service provider can only be enforced or excluded under certain conditions or limitations. Should the tour operator have the position of a responsible air carrier the liability abides by the terms of the air traffic law in conjunction with the international agreement of Warsaw, The Hague and Guadalajara. As a rule these agreements limit the liability of the air carrier concerning death or bodily injury as well as loss and damage of baggage. Provided that the tour operator is in other cases service provider he is liable for these valid conditions.
Exclusion of Claims and Limitation of Claims
Claims that the provision of the trip was not according to contract have to be asserted to us within a month after the contractual ending of the trip. In your own interest it is imperative to do this in a written form. Your contractual claims are subject to a limitation period of one year after the contractually agreed end of the trip. The limitation of claims is delayed until the day when we reject your claims in a written form. Claims from illegal acts are subject to a limitation period of three years.
We recommend contracting an all-embracing travel insurance, especially an insurance that covers you for involuntary cancellation of your holiday including airfare(s).
Invalidity of Individual Terms
The invalidity of individual terms of the travel contract does not result in the invalidity of the complete travel contract.