Preface:

Adventure trips with OVERCROSS involve teamwork and a few simple rules of play 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 participant on OVERCROSS trips must be aware that participation in a group trip, motorcycle trip, off-road vehicle trip, or even an individual trip is fundamentally associated with uncertainties, bad weather, political crises, illnesses, wild animals, physical or psychological impairments from other participants (or yourself) that may lead to changes in travel plans or even trip/cancellation! An adventure trip is always a challenge and always carries a certain potential for danger due to external influences as well as one's own behaviors. Our goal with this preface is to clarify to every participant before booking that without challenge, no experience is possible and a reasonable degree of danger, as well as helping with cooking, washing dishes, and shoveling vehicles, etc., is certainly expected! We conduct our trips at a very high level of experience and adventure for and with people. For you as a participant, teamwork should not be a problem. When you register for an OVERCROSS adventure/camping trip, you must be aware that you will not have a service for setting up tents and preparing food, but will carry out the daily tasks together as a team.

Quality instead of quantity embodies the individuality of our trips, which is why we reserve the right to understand the tour description as a travel proposal, which may lead to the tour guide making a change (change in the itinerary) in order to ensure a safe and experiential adventure for all participants. As travelers, we are guests in the respective country and will adhere to local customs, traditions, and practices while still providing an experiential active vacation. Luxury and comfort do not always come first; with the differentiating attribute experienced with OVERCROSS trips, we offer you "ONLY" countries, people, and adventure trips. Thus, our slogan "Here is the adventure" was born in 2000.

At this point, we would like to inform you about our General Terms and Conditions, which complement the legal provisions of §651a-y BGB and, as far as effectively agreed, are part of the package travel contract concluded between you and us. Please take your time and read the terms carefully. If you have any questions, we are of course at your disposal to answer them.

1. Conclusion of the Travel Contract

1.1 With the travel registration, the traveler offers a binding conclusion of a travel contract with OVERCROSS Adventure & Travel.
The registration can be made in writing, electronically, orally, or by telephone. The contract is concluded with the acceptance by OVERCROSS. Acceptance does not require any specific form. Upon or immediately after concluding the contract, OVERCROSS will provide the travel registrant 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 presented, to which OVERCROSS is bound for one week. The contract is concluded based on this new offer if the travel registrant expressly declares acceptance within the binding period or makes a deposit or pays the travel price.

1.3 The registration is also made by the registrant for all participants listed in the registration. The traveler is responsible for all contractual obligations of fellow travelers for whom he makes the travel registration, as well as for his own, unless he has taken on this obligation through an express and separate declaration.

2. Payment

2.1 To secure customer funds, the organizer has taken out insolvency insurance. OVERCROSS informs the travel registrant about this in accordance with §651t BGB and provides the travel customer with a security certificate in the sense of § 651r Abs. 4 BGB beforehand. A security certificate is included with the travel confirmation.

2.2 After the conclusion of the contract and the handing over of the security certificate, a deposit 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 will gladly 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 charged directly from your credit card by AER. Upon receipt of payment, you will immediately receive your travel plan. If you book your flights independently, please ensure that you do this only after you have received the complete confirmation of your trip.

2.5 If the traveler / registrant falls behind with the deposit or the remaining payment, OVERCROSS is entitled after a reminder with an 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 rates (4.2).

2.6 Travel vouchers from OVERCROSS are valid without exception only for long-distance travel 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 any flight bookings can also be made partially by credit card. We accept VISA, Mastercard, and American Express.

3. Changes in Services and Prices

3.1 Changes to individual travel services from the agreed content of the package travel contract that become necessary after the conclusion of the contract and are not brought about by OVERCROSS in bad faith are only permitted insofar as the changes are not significant and do not impair the overall structure of the booked trip. Specified transfer and flight times are subject to change, unless they unreasonably interfere with an agreed nighttime rest. In the case of flights, the airlines named for the execution of the flight are subject to change unless a specific airline has been expressly agreed upon in the contract.

3.2 A statement about changes in travel services can only be made before the start of the trip. OVERCROSS is obliged to inform travelers of changes immediately upon knowledge of the reason for the change on a durable medium. In the case of a significant change to the contract, OVERCROSS also informs about the impact of the changes on the travel price according to § 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 the event of an increase in transportation costs (e.g. fuel) or charges for certain services, such as tourist taxes, airport fees, port fees, or changes to the applicable exchange rates for sea freight for the respective trip as follows:

3.3.1 If transportation costs increase after the conclusion of the contract, OVERCROSS may increase the travel price. Any seat price increase can be passed on and charged to the traveler proportionately.

3.3.2 If the charges such as airport transport fees or similar existing at the conclusion of the travel contract increase, this increase may be passed on proportionately to the traveler.

3.3.3 In the event of a change in exchange rates following the conclusion of the travel contract, the travel price may be increased to the extent that the trip becomes more expensive for OVERCROSS.

3.4 In the event of a subsequent change in the travel price, OVERCROSS must inform the traveler immediately on a durable medium. The notification must take place no later than 20 days before the start of the trip.

3.5 In the case of a significant change to an essential travel service or a price increase due to the aforementioned reasons of more than 8%, the traveler is entitled to withdraw from the contract free of charge or the traveler can demand participation in a replacement trip if OVERCROSS offers such a trip.

3.6 The traveler is entitled to a price reduction if corresponding costs (Z. 3.3) decrease or change, leading to lower costs for OVERCROSS.

3.7 Significant changes to the contract and a price increase of more than 8% are only permissible with the consent of the traveler. OVERCROSS will inform the traveler of changes to the contract, including the reasons, without delay 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 change to the contract or a price increase of more than 8% within a reasonable period specified by OVERCROSS or to declare his withdrawal from the contract. After the expiry of the period set by OVERCROSS, the offer for a significant change to the contract or a price increase of more than 8% shall be deemed accepted. OVERCROSS may also offer the traveler the option to participate in a replacement trip with the offer of a significant change to the contract 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 date of receipt of the declaration of withdrawal/cancellation at OVERCROSS is decisive. Travelers are advised to declare their withdrawal on a durable medium.

4.2 If the traveler withdraws from the travel contract (cancellation) or does not commence the trip, OVERCROSS loses the right 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.

Therefore, the cancellation costs per traveler are:

For registration until 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 for calculation is the receipt of the withdrawal declaration at OVERCROSS. The traveler may prove to OVERCROSS that OVERCROSS has incurred no damage or significantly less damage than the requested flat rate. If OVERCROSS's damage is less or the flat rates are not applicable, OVERCROSS will calculate its damage specifically by deducting the value of the savings from expenditures saved by OVERCROSS as well as deducting what OVERCROSS acquires through other use of travel services from the travel price. In the event of cancellation, OVERCROSS is obliged to promptly refund the travel price minus the compensation claim.

The start of the trip is also considered to be the early arrival for the trip start or the shipping of vehicles or equipment materials.

4.3 In the case of flight bookings, the terms of the respective fare and the cancellation conditions of the respective airline apply, which are concluded in a separate contract. For third-party events, the contractual and business conditions of the respective partners of OVERCROSS also apply.

4.4 If the traveler withdraws because unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity, which seriously impede 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 start of the trip, the traveler can demand that instead of him, a third party enters into the rights and duties arising from the travel contract; reference is made to the provisions of § 651e BGB. OVERCROSS can oppose the entry of the third party if he does not meet the special travel requirements or his participation is contrary to legal regulations or official orders.
In the event of the transfer of the contract, the originally registered traveler and the substitute participant are jointly liable for the travel price and the additional costs arising from the entry of the third party. OVERCROSS must provide the traveler with proof of the amount of additional costs incurred due to the entry of the substitute traveler.

4.6 The conclusion of a travel cancellation insurance (e.g. with our partner HanseMerkur) and insurance to cover repatriation costs in case of accident, illness, or death is recommended. The conclusion of a foreign health insurance is also strongly recommended and is compulsory for many trips of OVERCROSS.

5. Withdrawal by OVERCROSS

5.1 OVERCROSS can only withdraw from the contract due to the failure to reach a specified minimum number of participants if

5.1.1 the minimum number of participants is specified in the pre-contractual information and travel advertisement, as well as the time by which the traveler must have received the declaration before the contractually agreed start of the trip, and

5.1.2 these details are clearly referenced in the travel confirmation.

A withdrawal must be declared at the latest on the day specified to the traveler in the pre-contractual information and the travel confirmation. Reference is made to the provisions regarding withdrawal periods according to § 651 h IV BGB. If OVERCROSS withdraws from the trip, the traveler will receive any payments made towards the travel price back promptly.

5.2 Reference is made to OVERCROSS's legal right of withdrawal due to unavoidable, extraordinary circumstances according to § 651h IV No. 2 BGB.

5.3 Should the traveler, despite a warning from OVERCROSS or the executing partner on-site, persistently disturb the trip, trouble other travelers, or behave contrary to the contract, OVERCROSS or the executing partner may declare withdrawal. This applies, among other things, if the traveler does not meet the special requirements (health, physical, assistance) for the trip or does not adhere to certain behavioral rules. If OVERCROSS or the executing partner terminates, OVERCROSS retains the claim to the travel price. In the case of extraordinary termination, OVERCROSS is represented by the respective tour guide.

5.4 If no specifications have been made, the latest cancellation deadline 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 remedial action. The defect must be reported immediately to the local travel guide, OVERCROSS, or the travel agent.

6.2 For the duration of a non-contractual provision of the trip, the traveler can demand a corresponding reduction of the travel price. The reduction does not apply if the traveler culpably fails to report the travel defect, preventing OVERCROSS from providing a remedy.

6.3 If the trip is significantly impaired due to a defect, the traveler can terminate the package travel contract according to § 651I BGB. However, 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 deadline for this. Setting a deadline is not necessary 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 OVERCROSS's contractual liability for damages that are not bodily injuries is limited to three times the travel price, as far as the damage was not caused by OVERCROSS in a culpable manner.

7.2 Excursions, transportation services, sports activities, and rental cars offered and booked locally by the on-site tour guide in their own organization or by other persons in their own organization in the destination country 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 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, according 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 limitations or is excluded under certain conditions. Reference is made to the statutory provisions of § 651p II BGB.

7.4 There is a general exclusion of liability for luggage and vehicle transport, on and off-road driving as well as luggage transport. This liability can additionally be secured by the customer through an insurance provider. The modalities and contractual contents must be regulated by the policyholder contractually with the insurer as needed and are NOT included in the travel services.

8. Statute of Limitations 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. Claims against OVERCROSS can also be made through the travel agent. It is recommended to submit the claim in writing.
Special deadlines apply for reporting travel luggage damages and delays in travel luggage during air transport. Luggage damages must be reported within 7 days, and delay damages must be reported within 21 days after the luggage is handed over.

8.2 Claims of travelers due to travel defects according to § 651i III BGB are subject to a statute of limitations of two years. The limitation period begins on the day 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 Only German law applies to the contract and the legal relationship between the traveler and OVERCROSS. To the extent that foreign law is applied to claims of the traveler against OVERCROSS abroad for liability, only German law applies regarding the legal consequences, such as the nature, scope, and amount of claims of the traveler.

9.2 The place of jurisdiction for OVERCROSS is its registered office in Tübingen.

9.3 For claims of OVERCROSS against the traveler, the residence of the traveler is decisive unless the lawsuit is directed against full merchants or persons who do not have a general place of jurisdiction domestically or who have moved their residence abroad or whose residence is not known. In these cases, the seat of OVERCROSS is decisive.

9.4 The provisions of 9.1 – 9.3 do not apply if and insofar as there are non-negotiable provisions from international agreements that apply to the package travel contract between the traveler and OVERCROSS that confer other advantages on the traveler or if and insofar as non-negotiable provisions applicable to the package travel contract in the EU member state 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 dispute resolution body within the meaning of the law on consumer dispute resolution. Informatively, for package travel contracts 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 is committed to informing travelers prior to the contract about the provisions of passport and visa regulations (including the approximate deadlines for obtaining visas) as well as any potential changes before the start of the trip. OVERCROSS also points out special health regulations (health police formalities) of the destination country in advance. The traveler should also inform themselves in good time about infection and vaccination protection measures for the agreed travel destination. It is pointed out that information can be obtained from health authorities, doctors (travel medicine specialists), tropical institutes, among others.

10.2 The traveler is responsible for complying with all passport, visa, and health regulations important for the execution of the trip. All disadvantages, especially the payment of cancellation costs, arising from non-compliance with these regulations, are at their expense, unless they are caused by culpable incorrect or missing information from OVERCROSS.   

11. Flight bookings via OVERCROSS

11.1 EU Regulation No. 2111/2005 on informing passengers about the identity of the operating air carrier obliges OVERCROSS to inform travelers about the identity of the operating airline for all air transportation services to be provided within the booked trip at the time of booking. If the operating airline is not yet known at the time of booking, OVERCROSS is obliged to name to the traveler the airline or airlines that will probably operate the flight(s). As soon as OVERCROSS is aware of which airline is operating the flight, the traveler must be informed. If the named airline changes, OVERCROSS must inform the traveler of the change. OVERCROSS must immediately take all reasonable steps to ensure that the traveler is informed of the change without delay. A list (Community List) of unsafe airlines with flight bans in the EU can be found at the following website: ec.europa.eu/transport/modes/air/safety/air-ban_en 

11.2 You have been informed that you must possess valid identification documents (passport, identity card, visa, etc.) for the trip booked with us. You have been offered a travel cancellation insurance, interruption, and health insurance. We have informed you about the international formalities (observance of entry regulations, vaccinations, etc.). The travel registration takes place in acknowledgment of the general travel conditions of the responsible airlines. I have been informed of this and agree to it. You were informed of the cancellation and rebooking conditions of the airline when booking. The information provided will be electronically stored for trip processing and customer service. Any mediation fees calculated will not be refunded in the event of a 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 for air transportation 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 due to reasons inherent in the person/traveler will be borne by the traveler and are to be paid immediately upon occurrence to the respective claimant. These special costs include, for example, expenses arising from the client's late arrival for departure or for the preparatory trekking tour, or costs for an early return as a result of unwellness, illness, or accident, etc. (e.g., helicopter return transport, hospital and hotel stay for accompanying persons) as well as upgrade ferry (car dimension over 2 M height and 5M length) flight bookings (date and class). If OVERCROSS incurs expenses to deal with an acute emergency, the amounts advanced by OVERCROSS must be reimbursed immediately after the completion of the trip. Health and return transport 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 in outdoor sports (risk of falling, avalanches, rockfall, crevasse falls, altitude sickness, cold injuries, infections, etc.), which cannot be completely reduced or excluded even with prudent and caring supervision. It should also be noted that in nature, especially in remote regions, due to technical or logistical difficulties, only very limited options for rescue and/or medical treatment may be available. Each participant is therefore expected to exercise a significant degree of personal responsibility and caution, to adequately prepare for their own tour, but also to have a heightened degree of willingness to take risks. It is therefore strongly recommended that travelers engage intensively (e.g. by studying relevant literature) with the requirements and risks that may be associated with the program they have booked. The participant of an OVERCROSS trip is self-responsible for their 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 their accidents in the event of falls, as they have deliberately assumed this risk with full awareness.

14. Film and Photography Rights

The traveler can be photographed and filmed during the trips by the tour guide, their assistants, or fellow travelers. Images provided to OVERCROSS may be used for promotional purposes or brochures without notifying the traveler and without payment. If you do not wish this, please inform us separately at the time of your booking.

15. Rental

15.1 The terms and conditions agreed upon in the rental agreement and the respective rental's general terms and conditions shall apply for the rental.

15.2 In the event of an accident, the vehicle user undertakes to bear the deductible (if explicitly additionally arranged), as well as any towing and recovery costs.

15.3 Damages to rental vehicles, as well as tire punctures/tire damages to vehicles from OVERCROSS or its partners, are 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 caused by jumps, and damages from excessive speed that lead to falls/vehicle damage.

15.3 Off-road drives 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 OVERCROSS travelers is assured. The detailed data protection provisions of OVERCROSS and the respective 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 shared with OVERCROSS, its conducting partners, and service providers as necessary and will not be published.

16.3 Data, GPS coordinates of trips are intellectual property of OVERCROSS and may neither be published nor commercially used by the traveler or the tour guide. For illegal publication and commercial use, three times the travel amount of the respective trip will be due. Travelers who are in "public" life are asked to particularly respect the privacy of other travelers.

17. Other 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 The status of these conditions is July 2018

18. Tour Operator

Address and seat 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