Booking Conditions for package deals from OWT Oberhausen Economic and Tourism Promotion GmbH
1. Conclusion of contract, registration, travel confirmation
The travel registration is the customer's binding offer to conclude a travel contract under the conditions specified in the "Reisemagazin" brochure or on the Internet at www.oberhausen-tourismus.de (hereinafter "offer media"). The travel contract is concluded when the registration is accepted. By registering for the trip, you are making a binding offer to the tour operator to conclude the travel contract. This can be done in writing, verbally, by telephone or by fax. The travel contract only becomes binding for the tour operator when we confirm the booking and the price of the trip to you or your travel agency in writing, by telephone or by fax. If the person registering offers to conclude a travel contract for other people named or not named (on the registration forms, in letters, by telephone, etc.), they also expressly declare that they are also responsible for the contractual obligations of all other registered people. They are liable alongside the other people they have registered. You will receive a travel confirmation within a reasonable time after registration, which contains all the essential information about the travel services you have booked, unless this information is contained in the tour operator's brochure. If the content of the travel confirmation differs from the content of the registration, you have the right to withdraw within 10 days of receiving notice. If you do not make use of this option, the differing content of the travel confirmation will become binding for the guest and the tour operator after the deadline has expired.
2. Payment, calculation, travel documents
When the contract is concluded, a relatively small deposit will be required, which will be credited towards the travel price, up to 15% of the travel price, but no more than EUR 250,00. The security certificate will be handed out with the booking confirmation. The remaining payment is due when the trip can no longer be cancelled for the reasons stated in section 4b), i.e. no later than 3 weeks before the start of the trip. If the trip is booked within a period of less than 3 weeks before the start of the trip, the full travel price is due immediately upon receipt of the travel confirmation and must be paid by the traveler. Travel documents are generally only handed out once the travel price has been paid in full. Without full payment of the travel price, the traveler has no right to receive the travel documents or to receive the travel services. Rebooking and cancellation fees are due immediately. The most recently announced prices are generally decisive for the calculation. Costs for additional services, such as obtaining visas, etc., as well as telegraphic or telephone reservations or inquiries are not included in the travel price. Such costs as cancellation, processing and rebooking fees are due immediately.
3. Content of the travel contract
The content of the travel contract is determined by the offer media and the booking confirmation.
4. Changes in services and prices, withdrawal and termination
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the contract has been concluded and which were not brought about by the organizer in bad faith, are only permitted if the changes or deviations are not significant and do not affect the overall structure of the booked trip. Warranty claims remain unaffected if the changed services are defective. The organizer is obliged to inform the customer immediately of changes to services or withdrawal from the contract. If necessary, the organizer must offer the customer a free rebooking or free withdrawal. The tour operator reserves the right to change the prices advertised and confirmed with the booking for important, unforeseeable reasons, provided that the travel date is more than 4 months after the contract has been concluded. If officially set transport tariffs, taxes or other charges change, the prices can be adjusted at any time, even after the prices have been confirmed. If price changes exceed 5%, the customer is entitled to withdraw from the travel contract within 10 days without charge. The withdrawal must be declared immediately in writing. In the event of a subsequent change in the travel price, the tour operator must inform the customer of this at least 3 weeks before the start of the trip. Price increases after this point are not permitted. The customer is entitled to withdraw from the travel contract without paying a fee. The tour operator can 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:
a) Without notice, if the traveler persistently disrupts the execution of the trip despite a warning or if he behaves in such a way that the immediate cancellation of the contract is justified. If the organizer terminates the contract, he retains the right to the travel price. However, the organizer must take into account the value of the expenses saved and the benefits gained from using the unused service for other purposes, including the amounts credited by the service providers.
b) Up to two weeks before the start of the trip if the minimum number of participants specified in the trip description and confirmation is not reached. The travel customer must be informed of this immediately after the conditions for non-implementation of the trip have been met and will receive the deposit immediately back unless he accepts a possible offer of free rebooking within the program.
c) Up to 4 weeks before the start of the trip, if the organizer would have to exceed the economic sacrifice limit in order to carry out the trip. The prerequisite is that the organizer has exhausted all possibilities to provide the contractual travel services (e.g. by providing alternative transport, changing the travel route, etc.) and that he is not responsible for the circumstances that make the cancellation of the trip necessary. In this case, you will receive a refund of the travel price paid immediately.
5. Substitute persons, cancellation, rebooking, non-attendance and non-use of services.
The customer has the right to request that a third party take part in the trip instead of him/her up until the start of the trip. The organizer can object to the participation of a third party if the third party does not meet the special travel requirements or if their participation is contrary to legal regulations or official orders. If a third party enters into the contract, the customer and the third party are jointly and severally liable for the travel price and any additional costs incurred. The traveler can withdraw from the travel contract up until the start of the trip by declaring this to the organizer. The traveler should do this in writing in their own interest and for reasons of evidence. The traveler's cancellation takes effect on the day it is received by the organizer. The postmark is decisive. In each case of cancellation by the travel customer, a flat-rate processing fee of EUR 25 per person will be charged. In addition, the organizer is entitled to additional compensation for the travel customer (before the start of the trip) in the event of cancellation.
a) up to 29 days 25,- Euro
b) from the 28th to the 15th day 25%
c) from day 14 50 %
of the travel price as lump sum compensation.
If the traveler does not show up or is late, cancels on the day the trip begins or for reasons beyond their control, or is excluded from starting the trip or continuing it, the organizer retains the right to full compensation. A refund will only be made to the extent that the organizer also pays for services not used by the service providers. The same applies if the traveler does not use partial services. Requests for rebooking by the travel customer that are made after the above deadlines have expired can - if they are possible at all - only be fulfilled after the travel customer has withdrawn from the travel contract by re-registering. This does not apply to requests for rebooking that only incur minor costs.
6. Delay, extraordinary circumstances
If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both the organizer and the traveler can terminate the contract. If the contract is terminated, the organizer can demand appropriate compensation for the travel services already provided or still to be provided to complete the trip. In this case, the organizer is obliged to take the necessary measures, especially if the contract includes transport, to return the traveler. The additional costs for the return transport are to be borne equally by the parties. Otherwise, the additional costs are to be borne by the traveler.
7. Warranties, obligation to cooperate/remedies
The customer may, without prejudice to the reduction or termination of the tour operator, demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH
is not responsible. In the event of any disruption to service, the traveler is obliged to do everything reasonable to help resolve the disruption and to minimize any damage. All complaints must be reported to OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH immediately. Before termination (Section 651 e of the German Civil Code), OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH must be given a reasonable deadline to remedy the situation if no remedy is possible or is refused by OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH or if immediate termination of the contract is justified by a special interest of the customer. The customer must assert claims for reduction and compensation against OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH within one month of the contractually agreed end of the trip in accordance with Section 651 g of the German Civil Code. After this deadline has expired, the traveler can only assert claims if he was prevented from complying with the deadline through no fault of his own. Claims of the traveler against OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH., regardless of the legal basis - but with the exception of claims of the traveler arising from unlawful acts - expire after one year from the contractually agreed return date. If negotiations are pending between the traveler and OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH. regarding asserted claims or the circumstances giving rise to the claim, the limitation period is suspended until the traveler or OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH. refuses to continue the negotiations. The aforementioned limitation period of one year begins at the earliest 3 months after the end of the suspension.
8. Limitation of liability
For trips with special risks, the organizer assumes no liability with regard to these risks, provided that the organizer can prove that it is not at fault. The contractual liability of the organizer for damages that are not physical injuries is limited to three times the travel price.
a) if the damage to the traveller is neither caused intentionally nor through gross negligence or
b) to the extent that the organizer is liable for damage caused to the traveler solely due to the fault of a service provider.
The organizer is not liable for service disruptions in connection with services that are merely arranged as third-party services (sports events, theater visits, exhibitions, etc.) and that are expressly identified as third-party services in the travel advertisement. A claim for damages against the organizer is limited or excluded insofar as, due to international agreements or legal provisions based on such agreements 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. If the organizer is a service provider in other cases, he is liable in accordance with the provisions applicable to these. OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH has taken out insolvency insurance in accordance with the legal provisions of Section 651 k BGH.
9. Claims – prohibition of assignment
The assignment of claims of a travel participant against the organizer to third parties, including spouses and relatives, is excluded. The legal enforcement of claims of a travel participant by third parties in their own name is also not permitted. The traveler must assert claims against the organizer for non-contractual provision of travel services within one month of the contractually agreed end of the trip. The receipt by the organizer is decisive for compliance with the deadline. After the deadline has expired, claims can only be asserted if the traveler was prevented from meeting the deadline through no fault of his own.
10. Validity of the information in the prospectus/offer media
All offer media and information in the organizer's offer media about services, programs, dates, prices and travel conditions correspond to the information obtained before printing or online publication. The organizer may make changes to the services and prices compared to the information in the offer media at any time up until the trip is confirmed.
11. jurisdiction
German law applies to the contract with OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH. The place of jurisdiction for claims brought by the traveler against OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH is Oberhausen. For claims brought by OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH against the traveler, the place of residence is decisive, unless the claim is directed against registered merchants or persons who do not have a general place of jurisdiction in Germany, or against persons who have moved their place of residence or usual abode abroad, or whose place of residence or usual abode is not known at the time the claim is filed. In these cases, the place of jurisdiction is Oberhausen.