Foreword:
The adventure trips with OVERCROSS include teamwork and a few simple rules of the game that we know from traveling with friends. With these very detailed Terms and Conditions, we want to convey that participating in an OVERCROSS adventure trip is always associated with a high degree of personal responsibility. A fellow traveler of OVERCROSS Travel must be aware of the fact that participating in a group travel, motorbike trip, off-road vehicle trip or even an individual trip basically with imponderables, storms, political crises, diseases, wild animals, physical or physical impairment of other fellow travelers (or Yourself) with itinerary changes or even trip / trip can be connected! An adventure trip is always a challenge and always brings with it a certain potential danger due to external influences as well as your own behavior. Our goal with this preface is: Before booking, we want to make it clear to each participant that no challenge is possible without a challenge and a jolted measure of dangers, as well as the assistance in cooking, rinsing and clearing of vehicles, etc. of course! We carry out our travels on a partly very high experience and adventure level with humans and for humans. Teamwork should not be a problem for you as a participant. If you sign up for an OVERCROSS adventure / camping trip, you must be aware that you will not be in the process of setting up your tent and prepare meals, but will work together as a team to do the daily work.
Class rather than mass includes the individuality of our travels, so we reserve the right to understand the tour description as a travel suggestion which may result in the tour guide / tour guide making a change (itinerary change) to ensure a safe and enjoyable adventure for all fellow travelers , As a traveler we are a guest in the respective country and will follow national customs, manners and customs and still offer an active active holiday. Luxury and convenience are not always in the foreground, with the differentiation attribute that OVERCROSS Reisen can experience, we offer "ONLY" countries, people and adventure travel. That is how our slogan "Here is the adventure" was born in the year 2000.
At this point, we would like to inform you about our General Terms and Conditions, which supplement the statutory provisions of §651a-y BGB and, as far as agreed effectively, are part of the package travel contract between you and us. Please take your time and read the conditions in peace. Should any questions arise, we are naturally at your disposal for answering.
1. Conclusion of the travel contract
1.1 With the travel registration the traveler OVERCROSS adventure & travel offers the conclusion of a travel contract bindingly.
The registration can be made in writing, electronically, verbally or by telephone. The contract is concluded with the acceptance by OVERCROSS. Acceptance requires no specific form. Upon or immediately after the conclusion of the contract, OVERCROSS will provide the Travel Applicant with a travel confirmation on a durable medium.
1.2 If the content of the declaration of acceptance deviates from the content of the application, then there is a new offer from OVERCROSS to which OVERCROSS is bound for a period of one week. The contract is concluded on the basis of this new offer if the travel applicant expressly declares the acceptance or makes a down payment or the travel price within the binding period.
1.3 The application is also made by the applicant for all participants listed in the registration. The traveler is responsible for all contractual obligations of fellow passengers for whom he makes the travel registration, as well as for his own, if he has undertaken this obligation by an explicit and separate declaration.
2. Payment
2.1 The organizer has concluded a bankruptcy insurance to secure customer deposits. OVERCROSS informs the Travel Applicant about this in accordance with §651t BGB (German Civil Code) and the travel customer has previously received a security note i.S.v. Section 651r (4) BGB. A security note is located at the travel confirmation.
2.2 After conclusion of the contract and handing over of the security note, a down payment of 25% of the travel price, but at least € 500, must be paid.
2.3 The balance of the travel price is due 2 months before departure. For short-term bookings (less than 2 months before departure) the travel price is due immediately upon delivery of the travel documents.
2.4 We gladly book the desired flights for your trip in cooperation through our partner AER. The final fare including all fees is due immediately and can be debited directly from AER on your credit card. After receipt of payment you will receive your travel plan immediately. If you book your flights on your own please be sure to do so only after you have received the full confirmation of your trip.
2.5 If the traveler / applicant defaults on the down payment or on the final payment, OVERCROSS shall be entitled, following a reminder with unsuccessful deadline for payment and threat of withdrawal, to withdraw from the travel contract and demand compensation in the amount of the agreed compensation flat rate (4.2).
2.6 Travel vouchers from OVERCROSS are without exception only valid for long-distance travel to non-European countries and can not be paid out.
2.7 Vouchers from OVERCROSS and cooperation partners can not be combined. Employees of OVERCROSS and cooperation partners are excluded from vouchers.
2.8 Payments can be made in cash, by bank transfer or by Paypal (Paying). Payments for any flight bookings may also be made in part by credit card. We accept VISA, Mastercard and American Express.
3. Performance and price changes
3.1 Changes to individual travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and which OVERCROSS did not cause against good faith, are only permitted if the changes are not significant and do not affect the overall layout of the booked travel. Specified transfer and flight times are, unless unreasonably intervened in an agreed night's sleep, subject to a change. For air travel, the airlines named by name are subject to change unless a specific airline has been expressly contracted.
3.2 An explanation of changes to travel services can only be made prior to departure. OVERCROSS is obligated to immediately notify the traveler about changes to the knowledge of the reason for the change on a durable medium. In the event of a significant contract change, OVERCROSS also informs about the effects of the changes on the travel price in accordance with § 651g III p. 2 BGB. Substantial changes can not be made without the consent of the traveler. Reference is made to the regulations of §651f and g BGB.
3.3 OVERCROSS reserves the right to increase the agreed price of the journey in the event of an increase in transport costs (such as fuel) or charges for certain services, such as fuel. To change tourist taxes, airport charges, port charges or any change in exchange rates applicable to the trip in question, as follows:
3.3.1 If the transport costs increase after conclusion of the contract, OVERCROSS may increase the travel price. A seat increase can be passed on to the traveler proportionally and calculated.
3.3.2 If the charges at the time of the conclusion of the travel contract, such as airport charges or similar OVERCROSS, are increased, this increase may be passed on proportionally to the traveler.
3.3.3 In the event of a change in exchange rates after the conclusion of the travel contract, the price of the tour may be increased to the extent that the travel becomes more expensive for OVERCROSS.
3.4 If there is a subsequent change in the price of the holiday, OVERCROSS must immediately inform the traveler on a durable medium. The information must be given not later than 20 days before the start of the journey.
3.5 In the event of a significant change in a significant travel service or price increase from the o.v. For reasons of more than 8%, the traveler is entitled to withdraw from the contract free of charge or the traveler may request participation in a replacement trip if OVERCROSS offers such a service.
3.6 The traveler is entitled to a price reduction if the corresponding costs (item 3.3) are reduced or changed and this leads to lower costs for OVERCROSS.
3.7 Substantial changes to the contract and a price increase of more than 8% are only permitted with the consent of the traveler. OVERCROSS informs the traveler of any changes to the contract, including the reasons, immediately after becoming aware of the reason for the change on a durable medium. OVERCROSS may require the Traveler to accept, within a reasonable period of time determined by OVERCROSS, the offer of a substantial contract modification or price increase by more than 8%, or to withdraw from the contract. Upon expiry of the period determined by OVERCROSS, the offer to significantly change or increase the price by more than 8% shall be deemed to have been accepted. OVERCROSS can offer the traveler with the offer of a substantial contract change or price increase by more than 8% alternatively also the participation in a spare travel.
4. Cancellation by the traveler Cancellation costs and substitute travelers
4.1 The traveler may withdraw from the trip at any time prior to departure. Decisive is the receipt of the resignation / cancellation at OVERCROSS. The traveler is advised to declare resignation on a durable medium.
4.2 If the traveler withdraws from the travel contract (cancellation) or does not commence the journey, OVERCROSS loses the claim to the travel price, but may demand flat-rate compensation in accordance with § 651h II BGB. The compensation claim is calculated taking into account the following compensation flat rates.
The cancellation fee is therefore per traveler:
When registering until the 61st day before the start of the journey 25%
From 60th day to 46 days before departure 50%
From 45th day to 21 days before departure 75%
From the 20th day to 11 days before departure 90%
From the 10th day to 0 days before departure 100%
The deadline for the calculation is the receipt of the declaration of withdrawal at OVERCROSS. The traveler reserves the right to prove to OVERCROSS that OVERCROSS has incurred no or significantly less damage than the required lump sum. If the damage to OVERCROSS is less, or if the lump sums are inapplicable, OVERCROSS will calculate its damage in concrete terms by calculating the compensation according to the travel price minus the value of the expenses saved by OVERCROSS and less what OVERCROSS acquires through the use of the travel services. In the event of withdrawal, OVERCROS is obliged to immediately refund the travel price less the claim for compensation.
The start of your journey is also the premature arrival to travel start or the shipment of vehicles or equipment materials.
4.3 In the case of flight bookings, the conditions of the respective tariff and the cancellation conditions of the respective airline, which are concluded in a separate contract, always apply. In the case of third-party events, the terms and conditions of the respective OVERCROSS partners also apply.
4.4 If the resignation of the customer occurs because of unavoidable, exceptional circumstances at the place of destination or in the immediate vicinity which significantly affect the performance of the package holiday or the transport of persons to the place of destination, OVERCROSS can not claim any compensation and pays the holiday price immediately to the customer Customers back. Reference is made to § 651h III BGB.
4.5 Until the start of the journey, the traveler may demand that instead of a third party enter into the rights and obligations under the travel contract, reference is made to the provisions of § 651e BGB. OVERCROSS may object to the entry of a third party if it does not meet the special travel requirements or if its participation conflicts with statutory regulations or official orders.
In the case of the contract transfer, the originally registered traveler and the substitute participant are jointly and severally liable for the travel price and the additional costs incurred by the third party. OVERCROSS must provide the travel customer with proof of the additional costs incurred by the replacement traveler.
4.6 It is recommended to take out a travel cancellation insurance (for example with our partner HanseMerkur) and an insurance to cover the costs of repatriation in case of accident, illness or death. International health insurance is also strongly recommended and is mandatory on many OVERCROSS trips.
5. Resignation of OVERCROSS
5.1 OVERCROSS can only withdraw from the contract due to failure to reach a tendered minimum number of participants, if
5.1.1 the minimum number of participants is stated in the pre-contractual information and the travel description and the time up to which the travel customer must have received the declaration before the contractually agreed start of travel is indicated; and
5.1.2 clearly indicated in the travel confirmation on these details.
A resignation is to be declared at the latest on the day, which the travel customer in the pre-contractual information and the travel confirmation was called. Reference is made to the regulations regarding the withdrawal periods pursuant to § 651 h IV BGB. If OVERCROSS returns from the trip, the customer will receive back payments made on the travel price without delay.
5.2 The statutory right of withdrawal due to unavoidable, extraordinary circumstances in accordance with § 651h IV No. 2 BGB shall be pointed out.
5.3 If, despite a warning from OVERCROSS or the local implementing partner, the traveler sustains the journey, disturbs other passengers or acts in breach of contract, OVERCROSS or its partner can declare withdrawal. This applies inter alia if the traveler does not meet the special requirements (health, physical, assistance) of the journey or does not adhere to certain rules of conduct. If OVERCROSS terminates or the implementing partner reserves OVERCROSS the right to the travel price. In the event of extraordinary termination, OVERCROSS will be represented by the respective tour guide.
5.4 If no information has been provided, the latest cancellation time is 4 weeks, or 28 days before departure according to the tender.
6. Warranty
6.1 If travel services are not provided in accordance with the contract, the traveler may demand redress. The defect must be immediately reported to the local tour guide, OVERCROSS or the travel agent.
6.2 For the duration of a non-contractual provision of the travel, the traveler may demand a corresponding reduction of the travel price. The reduction does not occur if the traveler culpably fails to report the lack of travel and OVERCROSS can not remedy this.
6.3 If the trip is significantly impaired due to a defect, the traveler may terminate the package travel contract in accordance with § 651I BGB. Cancellation of the package travel contract by the traveler is only permitted if OVERCROSS does not remedy the situation after the traveler has set a reasonable deadline for doing so. It is not necessary to fix a deadline if the remedy is impossible, if OVERCROSS refuses or if the immediate termination is justified by a special interest of the traveler.
7. Disclaimer and Limitation of Liability
7.1 The contractual liability of OVERCROSS for damages that are not personal injury is limited to three times the travel price, as far as any damage to OVERCROSS was not culpably caused
7.2 Excursions, transport services, sports activities and rental cars offered by the local tour guide in own organization or by other persons in their own organization in the travel destination are not part of the package travel contract between the traveler and OVERCROSS. OVERCROSS assumes no liability for such services. This also applies to excursions, which OVERCROSS proposes in the travel descriptions only as optional.
7.3 A claim for damages against OVERCROSS shall be limited or excluded insofar as under international conventions or statutory provisions applicable to the services to be provided by a service provider, a claim for damages against the service provider may be asserted only under certain conditions or restrictions may or may be excluded under certain conditions. Reference is made to the statutory provisions of § 651p II BGB.
8. Limitation and assignment prohibition
8.1 Claims for non-contractual provision of travel must be made by the passenger to OVERCROSS under 18. The claim to OVERCROSS can also be made through the travel agent. It is recommended to make the claim in writing.
Special deadlines apply for the registration of baggage damage and delays in baggage in the context of a flight. Luggage damage must be reported within 7 days, delay damage within 21 days after delivery of the baggage.
8.2 Claims of the traveler for travel defaults according to § 651i III BGB expire in two years. The period of limitation begins on the day on which the package holiday ends according to the contract.
8.3 Prohibition of assignment - The assignment of claims of the traveler against OVERCROSS to third parties is excluded. This prohibition does not apply to a family trip among accompanying family members.
9. Choice of law and jurisdiction
9.1 Exclusively German law applies to the contract and the legal relationship between the traveler and OVERCROSS. Insofar as German law is not applied to OVERCROSS 'claims abroad in the event of liability for the liability, German law shall apply exclusively to the legal consequences, such as the nature, extent and amount of the traveler's claims.
9.2 The jurisdiction of OVERCROSS is the registered office in Tübingen.
9.3 For OVERCROSS claims against the traveler, the domicile of the traveler is decisive, unless the action is directed against registered traders or persons who do not have a general place of jurisdiction in Germany or who have relocated abroad or whose domicile is unknown. In these cases, the seat of OVERCROSS is authoritative.
9.4 The provisions of 9.1 - 9.3 shall not apply if and to the extent that provisions of international treaties, which are applicable to the package travel contract between the passenger and OVERCROSS, give otherwise to the traveler or if and to the extent applicable to the package travel contract, non-mandatory provisions in the Member State of the EU to which the traveler belongs, for which the traveler is more favorable than the rules in these terms and conditions or the applicable German regulations.
9.5 OVERCROSS is not willing and obliged to participate in dispute settlement proceedings before a consumer arbitration board within the meaning of the Law on Consumer Dispute Settlement. For information purposes, the following online dispute resolution platform is available for package travel contracts concluded in electronic commerce: ec.europa.eu/consumers/odr/main/index.cfm
10. Visas and health regulations
10.1 OVERCROSS is committed to providing pre-contractual information to travelers about passport and visa requirements (including the approximate time limit for obtaining visas) and any changes that may occur prior to departure. OVERCROSS draws a pre-contractual agreement on special health regulations (sanitary formalities) of the travel destination. The traveler should also inform himself in good time about infection and vaccination measures for the agreed destination. It is on the possibility of obtaining information from the health authorities, doctors (travel medicine) and tropical institutions u.a. pointed.
10.2 The traveler is responsible for complying with all passport, visa and health regulations that are important for the travel. All disadvantages, in particular the payment of cancellation costs, resulting from non-compliance with this provision shall be at the expense of the customer, except where they are caused by OVERCROSS being guilty of misrepresentation or non-disclosure.
11. Flight bookings via OVERCROSS
11.1 EU Regulation No 2111/2005, which informs passengers of the identity of the operating air carrier, obliges OVERCROSS to inform the passenger, at the time of booking, of the identity of the operating airline of all air transport services to be provided in the course of the booked journey. If at the time of booking, the operating airline is not yet determined, OVERCROSS is obliged to inform the customer of the airline or airlines that are likely to make the flight (s). As soon as OVERCROSS knows which airline is making the flight, the customer must be informed. If the named airline changes, OVERCROSS must inform the travel customer about the change. OVERCROSS must immediately take all reasonable steps to ensure that the customer is informed immediately of the change. A list (Community list) of unsafe airlines with no flights in the EU is e.g. on the following website: ec.europa.eu/transport/modes/air/safety/air-ban_en
11.2 You have been informed that you must be in possession of valid identification documents (passport, identity card, visa, etc.) for the travel booked with us. You have been offered travel cancellation, cancellation and health insurance. They were informed by us on the international formalities (observance of entry requirements, vaccinations, etc.). The travel registration takes place in recognition of the general travel conditions of the responsible airlines. I have been informed and agree. You were informed about the cancellation and change of booking conditions of the airline at the time of booking. The information provided is stored electronically for travel processing and customer care. Calculated agency fees will not be reimbursed in the event of cancellation or cancellation by the airline. Please check 3 days before departure and on the day of departure if your flight times have changed.
11.3 Claims for the carriage of passengers must always be paid immediately and in full. The terms and conditions of the booked airline apply.
12. Special costs
12.1 All special costs incurred as a result of or in connection with changes in the intended itinerary, for reasons lying in the person of the traveler, shall be borne by the traveler and shall be payable immediately to the respective claimant. These extra costs include, for example, expenses incurred as a result of the late arrival of the customer for departure or preparatory trekking tour, or costs for an early return from a hike as a result of ill-health, illness or accident (eg helicopter return transport, hospital and Hotel stay also for accompanying person). If OVERCROSS, in response to an acute emergency, is present in the submission, the sums expended by OVERCROSS must be reimbursed immediately upon completion of the journey. A health and repatriation insurance is not included in the price but is recommended and required for some tours.
13. Special outdoor risks
13.1 For all trekking tours and expeditions with vehicles, it should be noted that especially in outdoor sports, there is an increased risk of illness, accident and injury. (Danger of falling, avalanches, falling rocks, crevasses, altitude sickness, cold damage, infections, etc.), that even through prudent and caring care can not be completely reduced and excluded. It should also be noted that in nature, especially in remote regions, due to technical or logistical difficulties, rescue and / or medical treatment options can be given only to a very limited extent. Every participant requires a considerable degree of personal responsibility and prudence, as well as an appropriate tour preparation and an increased level of risk-taking. It is therefore recommended that the traveler engage intensively (for example, by studying relevant literature) with the requirements and risks that may be associated with the program he has booked.
14. Film and Photo Rights
The traveler can be photographed and filmed by the tour guide, their assistants or fellow travelers during the trips. Images provided by OVERCROSS may be used without notice to the traveler and without payment for promotional purposes or brochures. If you do not want this, please let us know separately when making your reservation.
15. Rental
15.1 For the rental, the terms and conditions of the respective rental agreed in the rental agreement apply.
15.2 In the event of an accident, the vehicle user agrees to the deductible, as well as any towing and recovery costs.
15.3 Willful damage, as well as punctures / punctures on vehicles of OVERCROSS or its partners are not covered by any insurance and must be borne by the passenger / renter of the respective vehicle. Wanton destruction includes, among other things, standing on the hood or roof, incorrect use of differential locks, reduction gearbox and clutch, damage due to jumps and damage due to excessive speed.
16. Privacy
16.1 The protection of the personal data of OVERCROSS passengers is guaranteed. You can find OVERCROSS 'detailed privacy policy and passenger rights at: https://www.overcross.com/en/static/view/id/3
16.2 Personal data of participants will only be passed on to OVERCROSS, its implementing partners and service providers as far as necessary and will not be published.
16.3 Data, GPS Coordinates of travel are intellectual property of OVERCROSS and may not be published by the traveler or the guide or otherwise used commercially. For the unlawful publication, as well as commercial use of the triple travel amount of each trip is due. Travelers in "public" life are asked to pay special attention to the privacy of other travelers.
17. Other provisions
17.1 The ineffectiveness of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. Reference is made to § 306 BGB.
17.2 The status of these conditions is July 2018
18. Tour operator
Address and location of OVERCROSS Adventure and Travel:
OVERCROSS Adventure and Travel
Ammergasse 9a, 72070 Tuebingen
Telephone +49 (0) 7071/77 00 60
Fax +49 (0) 7071/76 04 36
E-Mail: [email protected]
Website: www.overcross.com
District court: Tübingen
Owner & Managing Director: Georg Küster
