General Terms and Conditions: Tour Operator OVERCROSS
FOREWORD:
Adventure travel with OVERCROSS involves teamwork and a few simple rules of play that we know from trips with friends. With these very detailed terms and conditions, we want to convey that participation in an OVERCROSS adventure trip is always associated with a high degree of personal responsibility. A fellow traveler on OVERCROSS trips must be aware that participating in a group trip, motorcycle trip, off-road trip, or even an individual trip inherently involves uncertainties, bad weather, political crises, illnesses, wild animals, physical or mental impairments of fellow travelers (or yourself) and related travel plan changes! An adventure trip is always a challenging experience and may carry certain risks due to external influences as well as one's own behaviors. Our goal with this foreword is to make it unmistakably clear to every participant before booking that without challenge, no experience is possible, and a certain level of danger, as well as assistance with cooking, washing dishes, and shoveling vehicles, etc., is self-evident! We conduct our trips at a partially very high experience and adventure level. For you as a participant, teamwork should not be a problem!
When you register for an adventure/camping trip from OVERCROSS, you must know that you will not have service for setting up tents and preparing meals, but will have to do the daily tasks as a team.
Quality over quantity includes the individuality of our trips; therefore, the online tour description should be seen solely as a travel suggestion according to § 651 BGB in conjunction with Art. 250 EGBGB in terms of travel law and is expressly intended to prevent misleading advertising according to § 5 UWG! This can lead to the tour guide/travel leader making and will make changes (changes in the itinerary) to ensure a safe and experiential adventure for all fellow travelers. We are guests in the respective country as travelers and will abide by local customs, traditions, and practices while still offering a memorable active vacation. Luxury and comfort are not always at the forefront. With the differentiating attribute experienced through OVERCROSS trips, we offer you âONLYâ countries, people, and adventure travel. Thus, in 2000, our slogan âHere is the adventureâ was born.
At this point, we would like to inform you about our General Terms and Conditions, which supplement the legal provisions of §§ 651aây BGB and, as far as validly agreed, are part of the travel contract concluded between you and us. Please take your time and read the conditions thoroughly. Should you have any questions, we are of course at your disposal.
1. Conclusion of the Travel Contract
1.1 With the travel registration, the traveler offers OVERCROSS Adventure & Travel the conclusion of a travel contract bindingly. Registration can only be made electronically via the website. The contract is concluded upon acceptance by OVERCROSS. The acceptance does not require a specific form. With or immediately after the conclusion of the contract, OVERCROSS will provide the traveler with a travel confirmation on a durable data carrier.
1.2 If the content of the acceptance declaration deviates from the content of the registration, a new offer from OVERCROSS is present, to which OVERCROSS is bound for one week. The contract is concluded based on this new offer if the traveler explicitly declares acceptance within the binding period or makes a deposit or pays the travel price.
1.3 The registration is made by the registrant also for all participants listed in the registration. The traveler is liable for all contractual obligations of fellow travelers for whom he/she has registered, as well as for their own, provided that he/she has assumed this obligation by booking through the OVERCROSS website.
1.4 The travel booking is always for the registrant and is not guaranteed as a group trip unless this group price is stated for a minimum number of participants.
2. Payment
2.1 To secure customer funds, the tour operator OVERCROSS has had insolvency insurance for decades. The traveler will be informed of this in accordance with § 651t BGB and will receive a security certificate in accordance with § 651r Abs. 4 BGB (German Civil Code (BGB) â legal protection of customer funds in package travel), which is attached to the travel confirmation upon booking.
2.2 After conclusion of the contract and transfer of the security certificate, a deposit of 25% of the travel price is to be paid, but at least â¬500, if the travel price exceeds this sum.
2.3 The remaining payment of the travel price is due two months before the trip. For last-minute bookings (less than two months before the trip starts), the travel price is due immediately upon handover of the travel documents.
2.4 Travelers conclude their flight contract directly with the airline. The termination of the flight contract is governed by the contract terms between the traveler and the airline, usually according to the selected tariff and the airline's terms and conditions.
2.5 After booking the tour, the arrangement of a flight through OVERCROSS is possible. OVERCROSS acts as an intermediary in this case and is only liable for its own breaches of duty, not for breaches of duty by the airline. Section 2.4 also applies in this case.
2.6 If the traveler/registrant is in default with the deposit or the remaining payment, OVERCROSS is entitled, after warning and unsuccessful setting of a deadline for payment and threatening withdrawal, to withdraw from the travel contract and demand compensation in the amount of the agreed compensation flat rates (Section 4.2).
2.7 Travel vouchers from OVERCROSS are valid without exception only for long-distance travel outside of Europe for three years and cannot be paid out.
2.8 Vouchers from OVERCROSS and cooperation partners are not combinable. Employees of OVERCROSS and cooperation partners are excluded from vouchers.
2.9 Payments can be made in cash, by bank transfer, or via PayPal (subject to fees). Payments to the airline are subject to the regulations of the respective airline.
3. Changes in Services and Prices
3.1 Changes to individual travel services from the agreed content of the package travel contract, which become necessary after the conclusion of the contract and were not caused by OVERCROSS in bad faith, are only permitted if the changes are not substantial according to the announced tour itinerary and do not impair the overall layout (start and goal) of the booked trip.
3.2 A declaration regarding changes in travel services can only be made before the trip begins. OVERCROSS is obliged to inform travelers about changes promptly on a durable data carrier after becoming aware of the reason for the change.
In the case of a significant change to the contract, OVERCROSS also informs about the impacts of the changes on the travel price according to § 651g Abs. 3 Sentence 2 BGB. Significant changes cannot be made without the traveler's consent; reference is made to the provisions of §§ 651f and 651g BGB.
3.3 Special provisions for trips/activities referred to as "expedition".
3.4 If a trip or activity is expressly designated as an "expedition" in the advertisement, offer, or booking confirmation, it is a form of travel with increased uncertainties and a dynamic itinerary, where routing, stages, border crossings, schedules, overnight locations, and program content can continuously be adjusted to actual conditions.
3.5 Route, stage, and destination designations generally represent planning and orientation values in expeditions. A specific itinerary or the achievement of a particular goal cannot be guaranteed â depending on the type of expedition. Adjustments or deviations due to the circumstances mentioned in section 3.3 are considered typical of expeditions and do not alone constitute a travel deficiency.
3.6 The traveler is obliged to meet the requirements outlined in the respective travel/expedition description, preliminary information, as well as safety and risk notices, particularly regarding personal performance, health requirements, driving ability (in vehicle expeditions), suitable equipment, as well as participation and contributions obligations.
3.7 The traveler acknowledges that expeditions may lead to states or regions for which travel warnings or partial travel warnings exist or may be issued at short notice. The traveler undertakes to independently follow and observe the recommendations of the Foreign Office as well as official guidelines.
3.8 Clarification on applicable travel law: Provided that the statutory requirements for a package travel in accordance with § 651a BGB are met in individual cases, mandatory legal rights and obligations remain unaffected. If no package travel is involved, the contractual relationship is governed by the applicable legal regulations and the supplementary provisions of these T&Cs.
3.9 Security-related additional services/participation requirements: For certain countries or regions traversed during an expedition, it may be necessary or advisable for security reasons to use local security or escort services (e.g., armed escort, local security coordination). If OVERCROSS points this out, it does not concern services included in the travel price, but rather external services from third parties. The costs are to be borne by the participant unless otherwise stated. OVERCROSS may make the use of such services a prerequisite for participation. If a participant fails to do this, OVERCROSS may exclude the relevant section of the trip or require an alternative routing; further claims do not exist.
4. Withdrawal by the Traveler, Cancellation Costs, and Replacement Traveler
4.1 The traveler can withdraw from the contract at any time before the trip begins. The decisive factor is the receipt of the withdrawal declaration at OVERCROSS. The withdrawal must be declared on a durable data carrier.
4.2 If the traveler withdraws or does not commence the trip, OVERCROSS can demand a flat-rate compensation in accordance with § 651h II BGB. The amount is based on the following flat rates per traveler:
â up to 61 days before the trip starts: 25 %
â 60 to 46 days: 50 %
â 45 to 21 days: 75 %
â 20 to 11 days: 90 %
â 10 to 0 days: 100 %
The date of receipt of the withdrawal declaration is the relevant date. The traveler retains the proof that OVERCROSS has not incurred any or lower damages. If the damage is lower, OVERCROSS calculates specifically after deducting saved expenses and alternative use of the services. Upon withdrawal, OVERCROSS will refund the travel price minus the compensation amount immediately.
4.3 For third-party events, the T&Cs of the respective partner apply.
4.4 If the traveler withdraws due to inevitable, extraordinary circumstances at the destination, OVERCROSS cannot demand compensation and will immediately refund the travel price (§ 651h III BGB).
4.5 Until the trip begins, the traveler can request a third party to enter the contract (§ 651e BGB). OVERCROSS can object if the third party does not meet the travel requirements. In this case, the original and replacement travelers are jointly liable.
4.6 The conclusion of a travel cancellation insurance (with our partner HanseMerkur) and an insurance to cover repatriation costs is recommended. Foreign health insurance is mandatory for all trips.
5. Withdrawal by OVERCROSS
5.1 OVERCROSS may withdraw due to non-attainment of the minimum number of participants if this is specified in the advertisement. The statutory deadlines of § 651h IV No. 1 BGB apply. Payments already made will be immediately refunded. If the trip is conducted despite undershooting the minimum number of participants, a surcharge may be agreed upon with the explicit consent of the participants.
5.2 OVERCROSS points out the legal possibility of withdrawal in the event of unavoidable, extraordinary circumstances (§ 651h IV No. 2 BGB).
5.3 In the case of persistently disturbing or contract-violating behavior by the traveler, OVERCROSS or the local partner may terminate the contract and retain the claim to the travel price.
5.4 Trips may be carried out as a roadbook tour (without a guide) if the minimum number of participants is not met. For flights, OVERCROSS recommends booking refundable flights.
6. Warranty
6.1 If travel services are not provided in accordance with the contract, the traveler must promptly demand remedial action and notify the local tour guide, OVERCROSS, or the travel agent of the deficiency in text form.
6.2 For the duration of the non-contractual service, the traveler can request a reduction of the travel price. The reduction is waived if the traveler negligently fails to report it and OVERCROSS cannot provide remedial action.
6.3 In the event of significant impairment, the traveler can terminate the contract in accordance with § 651i BGB if OVERCROSS does not provide remedial action after a written deadline has been set, or if immediate termination is justified.
7. Liability
7.1 OVERCROSS is fully liable:
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for damages resulting from injury to life, body, or health,
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in cases of intent and gross negligence.
7.2 In cases of slightly negligent violation of essential contractual obligations, liability is limited to the foreseeable, typical contractual damage.
7.3 In other respects, liability is excluded in cases of slight negligence.
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7.4 As far as legally permissible, liability for other damages that are not bodily injuries is limited to twice the travel price.
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8. Limitation Period and Prohibition of Assignment
8.1 Claims must be asserted against OVERCROSS as long as they have been reported in writing on the trip and remedial action has been taken.
8.2 Claims for travel defects become time-barred after two years (§ 651j BGB).
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8.3 The assignment of claims is excluded, except within family travel groups.
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9. Choice of Law
9.1 German law applies exclusively to the contract. For lawsuits abroad, German law applies regarding legal consequences.
9.2 This provision does not apply if mandatory international or EU regulations favor the traveler to deviate.
9.3 OVERCROSS does not participate in mediation procedures before consumer arbitration boards. Note on the ODR platform: ec.europa.eu/consumers/odr/main/index.cfm
9.4 All legal matters are handled by our company lawyer Axel Boorberg: www.Reiserecht-Reutlingen.de
9a. Jurisdiction
9.5a If the contracting partner is an entrepreneur within the meaning of § 14 BGB, a merchant, or a legal entity of public or private law, the jurisdiction for all disputes is exclusively at the registered office of the tour operator OVERCROSS Tübingen.
9.6a The jurisdiction agreement is made according to Art. 25 of the Regulation EU / Nr. 1215/2012 (Brussels I Regulation) as far as there is an international reference.
10. Visa, Security, and Health Regulations
10.1 OVERCROSS provides information to the best of its knowledge and from publicly accessible sources without guarantee for short-term changes to the deadlines for obtaining visas and security notices. Regarding special health regulations, OVERCROSS points out in advance via the link from the Foreign Office. Travelers should additionally inform themselves with health authorities, tropical medicine institutes, and doctors.
10.2 The traveler is responsible for compliance with all passport, visa, and health regulations. Any disadvantages resulting from this, particularly withdrawal costs, are borne by the traveler unless they are based on culpable misinformation by OVERCROSS.
10.3 The traveler is informed that there may be partial or total security warnings for the booked trip, which can be viewed on the website of the Foreign Office.
11. Arrival and Flight Booking
11.1 The traveler is responsible for arrival and booking a flight; this is not part of the contract. OVERCROSS expressly points out that you should arrive punctually at the agreed starting point at the beginning of the trip.
11.2 OVERCROSS can arrange a flight. In this case, OVERCROSS remains an intermediary and is not liable for the airline's culpability.
11.3 The traveler must possess valid identification documents and take out foreign health insurance. He/she has been informed about international formalities. Registration is done in acknowledgment of the T&Cs. Information will be stored electronically. Intermediary fees for cancellation or flight cancellation will not be refunded. Please check your flight times three days before and on the day before departure.
12. Special Costs
12.1 All special costs arising from changes to the travel itinerary for reasons related to the person (e.g., delayed arrival, early return, helicopter evacuation, hospital and hotel stay, vehicle transport, ferry trip upgrade or flight booking) are to be paid immediately by the traveler to the respective claimant. If OVERCROSS provides advances in an emergency, these must be reimbursed immediately after the trip ends. Health, rescue, or repatriation insurances are not included in the travel price.
13. Special Outdoor Risks
13.1 All outdoor trips involve an increased risk of illness, accidents, and injuries (falls, avalanches, rockfalls, altitude sickness, etc.), which cannot be completely eliminated. In remote areas, rescue and medical options are limited. Each participant must bring personal responsibility, caution, and willingness to take risks and prepare intensively for the trip; this also includes the warnings from the Foreign Office. The participant consciously accepts the increased accident risk and cannot hold the tour guide or organizer liable for falls.
14. Rental of Vehicles and Equipment
14.1 The rental is subject to the terms and conditions agreed in the rental contract and the T&Cs of the respective rental company.
14.2 In the event of an accident, the vehicle user is responsible for the excess as well as towing and recovery costs. The vehicle must be returned to the handover location at the user's own expense; this does not cover the excess of the insurance.
14.3 Damage to rental vehicles and tire punctures on OVERCROSS vehicles are not insured and must be borne by the renter. Intentional destruction (e.g., standing on the hood/roof, improper use of differential locks, âwheeliesâ) is considered culpable.
14.4 Off-road trips and trips outside the EU are not insured (deductible and comprehensive insurance do not apply).
14.5 Accidents due to excessive speed are not fully covered by insurance and must be borne by the driver, even in âchase tripsâ behind the guide.
14.6 Each participant follows the tour guide at their own responsibility and maintains distance and appropriate speed, even if the guide drives faster.
14.7 If the vehicle renter departs from the group without permission and uses the rental vehicle for a different route than that specified by the guide, this is considered intentional theft of the rental vehicle and will be charged with a fine of â¬2000 per day plus damages or total theft.
15. Data Protection
15.1 The protection of personal data of travelers is maintained. The detailed data protection regulations of OVERCROSS and the corresponding rights of the traveler can be found at: https://www.overcross.com/page/datenschutz
15.2 Personal data are only passed on to OVERCROSS, executing partners, and service providers as necessary and are not published.
15.3 Data and GPS coordinates of trips are intellectual property of OVERCROSS and may not be published or commercially used. In case of unlawful use, a contractual penalty of up to threefold travel amount becomes due.
16. Other Provisions
16.1 The ineffectiveness of individual provisions does not affect the validity of the entire contract (§ 306 BGB).
16.2 The status of these conditions: July 2023.
17. Address and Location of the Tour Operator OVERCROSS Adventure and Travel
Ammergasse 9a, 72070 Tübingen
Phone: +49 (0) 7071 / 77 00 60
Website: www.overcross.com
District Court Tübingen
Owner: Georg Küster
