Foreword:
Adventure trips with OVERCROSS involve teamwork and a few simple rules that we know from traveling 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 of the fact that participating in a group trip, motorcycle trip, off-road vehicle trip, or even an individual trip is fundamentally fraught with uncertainties, inclement weather, political crises, illness, wild animals, physical or other impairments from other travelers (or yourself) that could lead to changes in the travel plan or even tour/travel cancellation! An adventure trip is always a challenge and always carries a certain potential for danger due to external influences as well as personal behavior. Our goal with this foreword is: before booking, we want to make it unmistakably clear to every participant that without challenge, no experience is possible, and a considerable amount of danger, as well as helping with cooking, washing dishes, and digging out vehicles, etc., is obviously expected! We conduct our trips at a very high level of experience and adventure with people and for people. For you as a participant, teamwork must be no problem. When you sign up for an OVERCROSS adventure/camping trip, you must be aware that you will not have service for setting up tents and preparing meals, but rather will carry out the daily tasks together as a team.
Quality instead of quantity reflects the individuality of our trips; therefore, we reserve the right to understand the tour description as a travel proposal, which can lead to the tour guide/leader making a change (change in the travel itinerary) in order to ensure a safe and enjoyable adventure for all travelers. We are guests in the respective country as travelers and will adhere to local customs, traditions, and practices while still providing an enjoyable active vacation. Luxury and comfort are not always paramount; with the differentiation attribute that OVERCROSS trips bring to life, we offer you "ONLY" countries, people, and adventure trips. Thus, in 2000, our slogan "Here is the adventure" was born.
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 effectively agreed, become part of the package travel contract concluded between you and us. Please take your time and read the terms thoroughly. If you have any questions, we will, of course, be happy to answer them.
1. Conclusion of the Travel Contract
1.1 By signing up for the trip, the traveler offers OVERCROSS Adventure & Travel the conclusion of a travel contract in a binding manner.
The registration can be made in writing, electronically, orally, or by phone. The contract comes into existence with acceptance by OVERCROSS. Acceptance does not require a 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 acceptance declaration deviates from the content of the registration, a new offer from OVERCROSS exists, to which OVERCROSS is bound for a duration of one week. The contract is concluded based on this new offer if the travel applicant expressly declares acceptance within the binding period or makes a down payment 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 makes the travel registration, as well as for his/her own, unless he/she has accepted this obligation by express and separate declaration.
2. Payment
2.1 To secure customer funds, the organizer has taken out insolvency insurance. OVERCROSS informs the travel applicant about this in accordance with §651t BGB and provides the travel customer with a security certificate in accordance with §651r Abs. 4 BGB. A security certificate is included with the travel confirmation.
2.2 After the conclusion of the contract and the handover of the security certificate, a down payment of 25% of the travel price, but at least €500, must be made.
2.3 The remaining payment of the travel price is due 2 months before the start of the trip. For last-minute bookings (less than 2 months before the start of the trip), the travel price is due immediately upon handing over the travel documents.
2.4 We are happy to book the desired flights for your trip in cooperation with our partner AER. The final flight price including all fees is due immediately and can be debited directly from your credit card by AER. Upon receipt of payment, you will immediately receive your travel itinerary. If you book your flights independently, please ensure that you do this only after you have received complete confirmation of your trip.
2.5 If the traveler/applicant is in default with the down payment or the remaining payment, OVERCROSS is entitled to withdraw from the travel contract after a reminder with unsuccessful deadline setting for payment and threatening withdrawal and to demand compensation in the amount of the agreed compensation flat rates (4.2).
2.6 Travel vouchers from OVERCROSS are valid without exception only for long-distance trips to non-European countries and cannot be paid out.
2.7 Vouchers from OVERCROSS and cooperation partners are not combinable. Employees of OVERCROSS and cooperation partners are excluded from vouchers.
2.8 Payments can be made in cash, by bank transfer, or via Paypal (subject to fees). Payments for possible flight bookings can also be made partially by credit card. We accept VISA, Mastercard, and American Express.
3. Changes to 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 made in bad faith by OVERCROSS, are only permitted to the extent that the changes are not substantial and do not impair the overall layout of the booked trip. Specified transfer and flight times, unless unreasonable interference with an agreed nighttime rest is involved, are subject to change. In the case of air travel, the named airlines carrying out the flight are subject to change, unless a specific airline has been expressly contractually agreed upon.
3.2 A declaration regarding changes to travel services can only occur before the start of the trip. OVERCROSS is obliged to inform the traveler about changes as soon as it becomes aware of the reason for the change, on a durable medium. In the event of a significant change in the contract, OVERCROSS will also inform about the impact of the changes on the travel price in accordance with §651g III S. 2 BGB. Significant changes cannot 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 change the agreed travel price in case of an increase in transport costs (e.g., fuel) or fees for certain services, such as tourist taxes, airport fees, port fees, or a change in the exchange rates applicable to the respective trip as follows:
3.3.1 If the transport costs increase after the conclusion of the contract, OVERCROSS may raise the travel price. A seat price increase may be passed on to the traveler proportionally and charged.
3.3.2 If the fees existing when the travel contract was concluded, such as airport transport fees or similar, are increased to OVERCROSS, this increase may be passed on to the traveler proportionally.
3.3.3 In the event of a change in exchange rates after the conclusion of the travel contract, the travel price may be increased to the extent that the travel becomes more expensive for OVERCROSS.
3.4 In case of a subsequent change to the travel price, OVERCROSS must immediately inform the traveler on a durable medium. The notification must take place no later than 20 days before the start of the trip.
3.5 In the event of a significant change in a major travel service or a price increase for the reasons mentioned above of more than 8%, the traveler has the right to withdraw from the contract free of charge or the traveler may demand participation in a replacement trip if OVERCROSS offers one.
3.6 The traveler has a right to a price reduction if corresponding costs (Z. 3.3) decrease or change and this leads to lower costs for OVERCROSS.
3.7 Significant contract changes and price increases of more than 8% are only permissible with the consent of the traveler. OVERCROSS informs the traveler about contract changes, including the reasons, immediately after becoming aware of the reason for the change on a durable medium. OVERCROSS may require the traveler to accept the offer of a significant contract change or a price increase of more than 8% within a reasonable period determined by OVERCROSS, or to declare his withdrawal from the contract. After the expiration of the period set by OVERCROSS, the offer for a significant contract change or a price increase of more than 8% is considered accepted. OVERCROSS may also offer the traveler participation in a replacement trip with the offer of a significant contract change or a price increase of more than 8%.
4. Withdrawal by the Traveler, Cancellation Fees, and Replacement Traveler
4.1 The traveler can withdraw from the trip at any time before the start of the trip. The relevant factor is the access of the withdrawal declaration/cancellation at OVERCROSS. The traveler is advised to declare the withdrawal on a durable medium.
4.2 If the traveler withdraws from the travel contract (cancellation) or does not attend the trip, OVERCROSS loses the claim to the travel price, but may demand a flat-rate compensation according to §651h II BGB. The compensation claim is calculated taking into account the following compensation flat rates.
The cancellation fees amount to per traveler:
When registering up to 61 days before the start of the trip 25%
From the 60th day to 46 days before the start of the trip 50%
From the 45th day to 21 days before the start of the trip 75%
From the 20th day to 11 days before the start of the trip 90%
From the 10th day to 0 days before the start of the trip 100%
The date of access of the withdrawal declaration at OVERCROSS is the decisive date for calculation. The traveler retains the right to prove to OVERCROSS that OVERCROSS has incurred no damage or a significantly lower damage than the requested flat rate. If the damage incurred by OVERCROSS is lower or if the flat rates are not applicable, OVERCROSS will calculate its damage specifically by deducting the saved expenses from the travel price and what OVERCROSS earns through the alternative use of travel services. In the event of withdrawal, OVERCROSS is obliged to refund the travel price immediately minus the compensation claim.
Travel begins with the early arrival for the start of the trip or the shipment of vehicles or equipment.
4.3 For flight bookings, the conditions of the respective tariff and the cancellation policies of the respective airline, which are concluded in a separate contract, always apply. For third-party events, the contractual and business conditions of the respective partners of OVERCROSS also apply.
4.4 If the withdrawal is made by the traveler because unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination, which significantly impair the execution of the package trip or the transport of persons to the destination, OVERCROSS cannot demand compensation and will promptly refund the travel price to the customer. Reference is made to §651h III BGB.
4.5 Until the beginning of the trip, the traveler may demand that a third party enters into the rights and obligations arising from the travel contract instead of him/her; reference is made to the regulations of §651e BGB. OVERCROSS may oppose the entry of the third party if he/she does not meet the specific travel requirements or his/her participation contradicts legal provisions or administrative orders.
In case of contract transfer, the originally registered traveler and the replacement participant are jointly liable for the travel price and any additional costs arising from the entry of the third party. OVERCROSS is obliged to provide the travel customer with evidence of the extent to which additional costs arise from the entry of the replacement traveler.
4.6 The conclusion of a travel cancellation insurance (e.g., with our partner HanseMerkur) and insurance to cover repatriation costs in the event of accident, illness, or death is recommended. The conclusion of a foreign health insurance is also highly recommended and is mandatory for many trips from OVERCROSS.
5. Withdrawal by OVERCROSS
5.1 OVERCROSS can only withdraw from the contract due to non-attainment of a published minimum number of participants if
5.1.1 the minimum number of participants is specified in the pre-contractual information and trip advertisement as well as the time by which the declaration must have reached the travel customer before the contractually agreed start of the trip, and
5.1.2 in the travel confirmation, there is an easily readable reference to this information.
A withdrawal must be declared no later than the day specified to the travel customer in the pre-contractual information and the travel confirmation. Reference is made to the regulations on withdrawal periods according to §651h IV BGB. If OVERCROSS withdraws from the trip, the travel customer will receive any payments made towards the travel price back immediately.
5.2 Reference is made to the legal right of withdrawal of OVERCROSS due to unavoidable, extraordinary circumstances according to §651h IV No. 2 BGB.
5.3 If the traveler, regardless of a warning from OVERCROSS or the executing partner on-site, sustainably disturbs the trip, bothers other travelers, or behaves contrary to the contract, OVERCROSS or the executing partner can declare withdrawal. This applies especially if the traveler does not meet the special requirements (health, physical condition, assistance) for the trip or does not adhere to certain behavioral rules. If OVERCROSS or the executing partner terminates the contract, OVERCROSS retains the claim to the travel price. In the event of extraordinary termination, OVERCROSS is represented by the respective tour leader.
5.4 If no information has been provided, the latest cancellation date is 4 weeks, or 28 days, before the start of the trip according to the advertisement.
6. Warranty
6.1 If travel services are not provided in accordance with the contract, the traveler can demand remedy. The deficiency must be reported immediately to the local travel management, OVERCROSS, or the travel agent.
6.2 For the duration of the non-contractual provision of the trip, the traveler can demand a corresponding reduction of the travel price. The reduction does not occur if the traveler culpably fails to report the travel deficiency and OVERCROSS cannot remedy this.
6.3 If the trip is significantly impaired due to a defect, the traveler can terminate the package travel contract in accordance with §651I BGB. A termination of the package travel contract by the traveler is only permissible if OVERCROSS does not provide a remedy after the traveler has set a reasonable period for this. A deadline is not required if the remedy is impossible, is refused by OVERCROSS, or if 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 bodily injury is limited to three times the travel price, unless the damage was caused by OVERCROSS culpably.
7.2 Excursions, transport services, sports activities, and rental cars offered by the local travel management or by other persons in their own organization in the travel country, which are booked locally, do not belong to the package travel contract between the traveler and OVERCROSS. For such services, OVERCROSS assumes no liability. This also applies to excursions that OVERCROSS merely suggests as optional in the travel descriptions.
7.3 A claim for damages against OVERCROSS is limited or excluded to the extent that, under international agreements or legal provisions based on them applicable 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 limitations, or is excluded under certain conditions. Reference is made to the statutory provisions of §651p II BGB.
7.4 There is a general disclaimer for baggage and vehicle transport, on and off-road trips, as well as luggage transport. This liability can additionally be secured by the customer through an insurance provider. Modalities and contract contents must be contractually regulated by the policyholder with the insurer as needed and are NOT included in the travel services.
8. Limitation Period and Prohibition of Assignment
8.1 Claims due to non-contractual performance of the trip must be asserted by the traveler against OVERCROSS at the address mentioned in item 18. The claim notification against OVERCROSS can also be made through the travel agent. It is recommended to make the claim notification in writing.
For the notification of luggage damage and delays in luggage within the framework of air transport, special deadlines apply. Luggage damage must be reported within 7 days; delay damage must be reported within 21 days after receipt of the luggage.
8.2 Claims of the traveler due to travel defects according to §651i III BGB become time-barred in two years. The limitation period begins on the day on which the package trip should end 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 in the case of a family trip among accompanying family members.
9. Choice of Law and Jurisdiction
9.1 The contract and the legal relationship between the traveler and OVERCROSS shall be governed exclusively by German law. To the extent that in lawsuits of the traveler against OVERCROSS abroad, German law is not applied for the liability reason, solely German law shall apply regarding the legal consequences, such as the type, extent, and amount of claims of the traveler.
9.2 The jurisdiction of OVERCROSS is the company's registered office in Tübingen.
9.3 For lawsuits by OVERCROSS against the traveler, the residence of the traveler is decisive unless the lawsuit is directed against full merchants or persons who have no general jurisdiction within the country or who have moved their residence abroad or whose residence is unknown. In these cases, the seat of OVERCROSS is decisive.
9.4 The provisions of 9.1 – 9.3 do not apply if and to the extent that non-negotiable provisions of international agreements applicable to the package travel contract between the traveler and OVERCROSS provide otherwise in favor of the traveler or if and to the extent that non-negotiable provisions applicable to the package travel contract in the member state of the EU to which the traveler belongs are more favorable for the traveler than the regulations in these terms and conditions or the applicable German provisions.
9.5 OVERCROSS is not willing and obliged to participate in dispute resolution procedures before a consumer mediation body in the sense of the law on consumer dispute resolution. For package travel contracts that have been concluded in electronic legal transactions, reference is made to the following online dispute resolution platform: ec.europa.eu/consumers/odr/main/index.cfm
10. Visa and Health Regulations
10.1 OVERCROSS ensures to inform travelers before the contract about provisions of passport and visa requirements (including approximate deadlines for obtaining visas) as well as any changes before the trip. OVERCROSS also points out special health regulations (health police formalities) of the travel country before the contract. The traveler should also inform himself/herself in good time about infection and vaccination protection measures for the agreed travel destination. It is advised to gather information from health authorities, doctors (travel medicine specialists) and tropical institutes, among others.
10.2 The traveler is personally responsible for complying with all passport, visa, and health regulations necessary for the execution of the trip. All disadvantages, especially the payment of cancellation costs arising from non-compliance with this regulation, are at his/her expense, unless they are due to culpable incorrect or non-information by OVERCROSS.
11. Flight Bookings via OVERCROSS
11.1 EU Regulation No. 2111/2005 to inform passengers about the identity of the operating airline obliges OVERCROSS to inform the traveler about the identity of the operating airline for all flights to be provided within the booked trip at the time of booking. If the operating airline is not yet determined at the time of booking, OVERCROSS is obliged to name the airline or airlines that will probably operate the flight(s). As soon as OVERCROSS becomes aware of which airline operates the flight, the traveler must be informed. If the named airline changes, OVERCROSS must inform the traveler about the change. OVERCROSS must immediately take all reasonable steps to ensure that the traveler is promptly informed of the change. A list (Community List) of unsafe airlines with flight bans in the EU can be found, for example, on the following website: ec.europa.eu/transport/modes/air/safety/air-ban_de
11.2 You have been informed that you must possess valid identification documents (passport, ID card, visa, etc.) for the trip booked with us. You have been offered trip cancellation insurance, trip interruption insurance, and health insurance. You have been informed about international formalities (observance of entry regulations, vaccinations, etc.). The registration for the trip is based on the general travel conditions of the responsible airlines. I have acknowledged this and agree to it. You were informed about the cancellation and rebooking conditions of the airline at the time of booking. The information provided will be stored electronically for travel processing and customer care. Any brokerage fees will not be refunded in the event of cancellation or flight cancellation by the airline. Please make sure to check 3 days before departure and on the day of departure whether your flight times have changed.
11.3 Claims related to air transport must always be settled immediately and in full. The conditions and rules of the booked airline apply.
12. Special Costs
12.1 All special costs that arise as a result of or in connection with changes to the planned itinerary for reasons concerning the person/traveler are the responsibility of the traveler and must be paid immediately upon occurrence to the respective claimant. These special costs include, for example, expenses arising from the late arrival of the customer for departure or preparatory trekking tours or costs for an early return due to malaise, illness, or accident, etc. (e.g., helicopter transport, hospital and hotel stays also for accompanying persons) as well as upgrade ferry bookings (car dimensions over 2m height and 5m length). If OVERCROSS incurs expenses to address an acute emergency, the amounts expended by OVERCROSS must be refunded immediately after the trip concludes. Additionally, a health and repatriation insurance is not included in the travel price but is recommended and required for some tours.
13. Special Outdoor Risks
13.1 In all trekking tours and expeditions with vehicles, it must be noted that there is an increased risk of illness, accidents, and injuries, particularly in outdoor sports. (Risk of falling, avalanches, rockfall, crevasses, altitude sickness, cold injuries, infections, etc.), which cannot be completely reduced and eliminated even through careful and caring supervision. It should also be noted that in nature, especially in remote regions, due to technical or logistical difficulties, rescue and/or medical treatment options may be available only to a very limited extent. A significant degree of personal responsibility and caution, an appropriate preparation for the tour, but also a greater willingness to take risks, is expected from each participant. Therefore, travelers are strongly advised to engage thoroughly (e.g., through studying relevant literature) with the requirements and risks associated with the program they booked. The participant of an OVERCROSS trip is responsible for his/her own driving both on and off-road. The participant consciously accepts an increased risk of accidents off-road and cannot hold either the tour guide or the organizer liable for his/her accidents since he/she has intentionally accepted this risk with full awareness.
14. Film and Photography Rights
The traveler may be photographed and filmed by the tour leader, their assistants, or fellow travelers during the trips. Images provided to OVERCROSS may be used without notifying the traveler and without payment for promotional purposes or brochures. If you do not wish this, please inform us separately at the time of booking.
15. Rentals
15.1 For rentals, the terms and conditions specified in the rental agreement and the respective rental company's AGBs apply.
15.2 In the event of an accident, the vehicle user is obliged to bear the deductible (if explicitly additionally concluded), as well as any towing and recovery costs.
15.3 Damage to rental vehicles, as well as tire punctures/tire damage to vehicles of OVERCROSS or its partners, is not covered by any insurance and must be borne by the traveler/renter of the respective vehicle. Willful destruction includes, among other things, standing on the hood or roof, improper use of differential locks, low-range gears, and clutches, damages due to jumps, and damages caused by excessive speed leading to falls/vehicle damage.
15.3 Off-road driving and trips outside the EU are not insured by OVERCROSS (deductible) and its insurance partners (full coverage)!
16. Data Protection
16.1 The protection of the personal data of travelers from OVERCROSS is guaranteed. The detailed data protection regulations of OVERCROSS and the corresponding rights of the traveler can be found at: https://www.overcross.com/de/static/view/id/3
16.2 Personal data of participants will only be passed on to OVERCROSS, its executing partners, and service providers as necessary and will not be published.
16.3 Data, GPS coordinates from trips are the intellectual property of OVERCROSS and may not be published or otherwise commercially used by either the traveler or the tour leader. For unlawful publication, as well as commercial use, the trip amount will be three times the respective trip price. Travelers who are in “public” life are requested to be particularly mindful of the privacy of other travelers.
17. Miscellaneous Provisions
17.1 The ineffectiveness of individual provisions of the travel contract does not lead to the ineffectiveness of the entire travel contract. Reference is made to §306 BGB.
17.2 Status of these terms is July 2018.
18. Tour Organizer
Address and registered office of OVERCROSS Adventure and Travel:
OVERCROSS Adventure and Travel
Ammergasse 9a, 72070 Tübingen
Phone +49 (0) 7071 / 77 00 60
Fax +49 (0) 7071 / 76 04 36
E-mail: [email protected]
Website: www.overcross.de
District Court: Tübingen
Owner & Managing Director: Georg Küster
