Travelling Athletes · Operator legal
Travelling Athletes Terms & Conditions
The following provisions shall, to the extent effectively agreed, become part of the package travel contract concluded between you and us. They supplement the statutory provisions of Sections 651a to 651y BGB and Articles 250 and 252 EGBGB. To the extent expressly deviating provisions are set out in the respective travel description or in individual agreements, those provisions shall take precedence.
1. Conclusion of the travel contract / withdrawal
1.1 By making a booking, you submit a binding offer to obu travel GmbH & Co. KG to conclude a package travel contract.
1.2 The booking may be made online, in writing, orally, by telephone, or in text form. The person making the booking shall also act on behalf of all travelers listed in the booking, provided that they have expressly and separately assumed a corresponding obligation for this purpose.
1.3 The travel contract shall be concluded upon receipt of our declaration of acceptance. At or immediately after conclusion of the contract, you will receive a travel confirmation on a durable medium.
1.4 If the content of the travel confirmation differs from the content of the booking, this shall constitute a new offer by which we are bound for 10 days. The contract shall be concluded on the basis of this new offer if you declare acceptance within this period.
1.5 To the extent flights or other additional services are not part of the package travel owed by us and we merely arrange them, the respective contract shall be concluded directly between you and the respective service provider. This will be indicated accordingly in the travel description and booking confirmation.
1.6 As a rule, there is no right of withdrawal for package travel contracts. The statutory rights of withdrawal and termination shall apply, in particular pursuant to Section 651h BGB. A statutory right of withdrawal may exist only in the exceptional cases expressly provided for by law.
2. Payment / payment methods
2.1 Payments towards the travel price may be requested or accepted before the end of the package travel only against delivery of the insolvency protection certificate within the meaning of Section 651r BGB.
2.2 Unless otherwise agreed, a deposit amounting to 50% of the travel price shall become due 7 days after conclusion of the contract, provided that the insolvency protection certificate has been transmitted to you.
2.3 The remaining balance shall become due 35 days before the start of the trip, provided that it is certain that the trip will take place.
2.4 If the period between booking and the start of the trip is less than 35 days, the entire travel price shall become due immediately.
2.5 Different payment conditions may apply to arranged additional services, which will be indicated before conclusion of the contract.
2.6 Various payment methods are offered, from which the customer may choose freely. Any fees for certain payment methods will be transparently disclosed before conclusion of the contract.
2.7 In the event of default in payment, the statutory provisions shall apply. We shall be entitled, after a reminder and setting a reasonable deadline, to withdraw from the contract and demand compensation in accordance with Section 6.
2.8 Non-payment does not replace an express declaration of withdrawal.
2.9 Invoices are generally transmitted to the customer by e-mail.
3. Travel price / price changes
3.1 The specific travel price results from the travel description and the booking confirmation.
3.2 To the extent a “from price” is stated, this is the lowest available price under certain conditions.
3.3 Price deviations may result in particular from the travel period, duration, room category, occupancy, or additional services.
3.4 We reserve the right to change the travel price after conclusion of the contract if there is a demonstrable change in any of the following: the costs for the carriage of passengers due to higher costs for fuel or other energy sources, taxes and other charges for agreed travel services, or the exchange rates applicable to the package travel in question.
3.5 Price increases are permissible only if they are communicated to you on a durable medium no later than 20 days before the start of the trip, stating the reasons and the calculation, and do not exceed 8% of the travel price.
3.6 In the event of price increases of more than 8%, you are entitled, within a reasonable period set by us, to withdraw from the contract free of charge or to demand participation in a substitute trip.
3.7 If the costs referred to in Section 3.4 decrease, the travel price shall be reduced accordingly. The organizer may deduct from the amount to be reimbursed the administrative expenses actually incurred for the traveler; at the traveler's request, the amount of such expenses must be substantiated.
4. Contractual services
4.1 The scope of the contractual services results from the travel description, the pre-contractual information, and the booking confirmation.
4.2 Changes before conclusion of the contract remain reserved, provided that they are communicated clearly and comprehensibly before booking.
4.3 Public statements, in particular in advertising or on websites, shall become part of the contract to the extent that they are not recognizably non-binding and have not been replaced by express agreements in the travel description or booking confirmation.
4.4 Presentations on websites or in social media serve general information purposes and generally do not constitute binding statements of services unless they have been expressly made part of the booked services.
4.5 The following shall apply to fitness and group trips: training content, trainers, times, and locations may vary. Programs may depend on weather conditions. Training level and group composition may vary. As a rule, these circumstances do not constitute a travel defect, provided that they do not impair the overall character of the trip and no expressly guaranteed services are affected.
5. Service changes after conclusion of the contract
5.1 Changes to individual travel services after conclusion of the contract are permissible if they are insignificant, were not brought about by us contrary to good faith, and do not impair the overall character of the trip.
5.2 You will be informed without undue delay on a durable medium of material changes once the reason for the change becomes known.
5.3 In the event of a significant change to an essential characteristic of a travel service or a deviation from the traveler's special requirements that have become part of the contract, you may, within a reasonable period set by us, accept the change, withdraw from the contract free of charge, or demand participation in a substitute trip, provided that we offer such a trip.
5.4 If no declaration is made within the period set, the change shall be deemed accepted, provided that we have clearly, comprehensibly, and prominently informed you of this legal consequence in the notice.
6. Withdrawal by the traveler / compensation / rebooking / substitute person
6.1 You may withdraw from the contract at any time before the start of the trip. The decisive factor is receipt of the declaration of withdrawal by us. In your own interest, the withdrawal should be declared on a durable medium.
6.2 In the event of withdrawal, we lose the claim to the travel price, but may demand reasonable compensation unless the withdrawal is attributable to us or unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package travel or the carriage of passengers to the destination.
6.3 Compensation shall be calculated on a lump-sum basis as follows:
- up to 61 days before the start of the trip: 10%
- 60 to 36 days before the start of the trip: 25%
- 35 to 15 days before the start of the trip: 50%
- 14 to 8 days before the start of the trip: 75%
- from 7 days before the start of the trip: 90%
The lump sums take into account the expenses ordinarily saved and the ordinarily possible alternative use of the travel services.
6.4 You remain entitled to prove that we incurred no damage or substantially lower damage.
6.5 There is no entitlement to rebooking. However, rebookings may be possible on a case-by-case basis, subject to availability and against a reasonable processing fee.
6.6 You may nominate a substitute person pursuant to Section 651e BGB on a durable medium within a reasonable period before the start of the trip. In any event, the declaration is timely if it reaches us no later than seven days before the start of the trip. We may object to the entry of the substitute person if they do not fulfill the contractual travel requirements or if statutory provisions or official orders prevent this. If a substitute person enters into the contract, that person and the original traveler shall be jointly and severally liable for the travel price and for the additional costs arising from the entry of the substitute person.
7. Unused services
If you do not make use of individual travel services for reasons attributable to your personal sphere, there shall as a rule be no claim to a proportionate refund. This shall not affect the possibility of proving that we incurred no damage or substantially lower damage.
8. Withdrawal / termination by the organizer
8.1 We may withdraw from the contract before the start of the trip if unavoidable, extraordinary circumstances exist that prevent us from performing the contract; in this case, we shall declare the withdrawal without undue delay after becoming aware of the reason for withdrawal.
8.2 We may withdraw from the contract before the start of the trip if a minimum number of participants stated in the travel description is not reached, provided that the minimum number of participants was stated in the travel description and the withdrawal takes place within the periods provided by law, but no later than 20 days before the start of the trip for trips lasting more than 6 days, 7 days before the start of the trip for trips lasting 2 to 6 days, and 48 hours before the start of the trip for trips lasting less than 2 days.
8.3 Payments already made shall be refunded without undue delay.
8.4 We may terminate the contract after the start of the trip without observing a notice period if, despite a warning, the traveler significantly disrupts the course of the trip or behaves in a manner contrary to the contract to such an extent that immediate termination of the contract is justified. A warning is not required if the conduct is objectively so serious that, taking into account the interests of both parties, immediate termination of the contract is justified. In this case, we retain the claim to the travel price but must credit saved expenses and advantages from any alternative use of the services not used.
9. Unavoidable, extraordinary circumstances
Both parties may terminate the contract before the start of the trip if unavoidable, extraordinary circumstances significantly impair the performance of the trip or the carriage of passengers to the destination. In this case, the claim to the travel price shall lapse; payments already made are to be refunded. No further claims for compensation shall exist in this respect.
10. Liability of the travel organizer
10.1 Our liability shall be governed by the statutory provisions.
10.2 We are liable for the careful selection and monitoring of service providers and for the proper performance of the contractually agreed travel services within the framework of the statutory provisions.
10.3 Liability for damages that are not damages arising from injury to life, body, or health and that were not caused culpably is limited to three times the travel price within the framework of the statutory provisions.
10.4 To the extent that international conventions or statutory provisions based on them allow or exclude claims for damages for travel services to be provided by a service provider only under certain conditions or limitations, these limitations or exclusions shall also apply in our favor.
10.5 Participation in sporting activities is voluntary and within the scope of the individual's own abilities. No liability is assumed for damages that are based exclusively on the realization of typical risks of such activities, which cannot be completely avoided even if properly performed, and which are not based on a culpable breach of duty by the organizer or its vicarious agents.
10.6 If the traveler does not follow the instructions of the staff, this may lead to a reduction or exclusion of claims insofar as the damage results from this.
10.7 Costs due to illnesses or injuries for which the organizer is not responsible shall be borne by the traveler. This applies in particular to costs of medical treatment, hospital stays, additional accommodation, or return transport. The conclusion of health insurance and, where appropriate, foreign travel health insurance is strongly recommended.
11. Rights in the event of travel defects
11.1 If the trip is not performed in accordance with the contract, you may demand a remedy. We may refuse a remedy if it is impossible or if, taking into account the extent of the travel defect and the value of the affected travel service, it involves disproportionate costs.
11.2 You are obliged to report travel defects without undue delay.
11.3 If the report is culpably omitted, claims for reduction and damages may lapse to the extent that we were therefore unable to provide a remedy.
11.4 After an unsuccessful expiry of a reasonable period set for remedy, you may remedy the defect yourself and demand reimbursement of the necessary expenses insofar as we were not entitled to refuse the remedy.
11.5 Further rights, in particular reduction, termination, and damages, shall be governed by the statutory provisions.
12. Obligations to cooperate
12.1 The traveler must inform us if they do not receive the necessary travel documents within the period communicated by us.
12.2 You are obliged to cooperate in remedying disruptions and to do everything reasonable to avoid or minimize damage.
13. Assertion of claims / limitation period
Claims arising from the travel contract shall become time-barred after two years. The limitation period begins on the day on which the trip should have ended according to the contract.
14. Passport, visa, and health requirements
14.1 We inform travelers, insofar as relevant for the respective trip, about general passport, visa, and health requirements of the destination country, including the approximate periods for obtaining visas.
14.2 You are yourself responsible for compliance with all passport, visa, and health requirements that are important for carrying out the trip, insofar as we have duly informed you about them.
14.3 Disadvantages arising from non-compliance with these requirements shall be borne by you, unless they are based on culpably incorrect information or a culpable failure to provide information on our part.
15. Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining provisions.
16. Identity of the operating air carrier
Information about the identity of the operating air carrier shall be provided in accordance with the statutory requirements.
17. Data protection
Information on data processing can be found in the privacy policy. To the extent necessary for carrying out the trip, personal data will be transmitted to service providers and other third parties involved in processing the contract.
18. Applicable law / place of jurisdiction
German law shall apply. Mandatory consumer protection provisions of the state in which the traveler has their habitual residence remain unaffected. For merchants, legal entities under public law, or special funds under public law, the place of jurisdiction shall be the registered office of the organizer. The same applies if the traveler relocates their residence or habitual residence abroad after conclusion of the contract or if their residence or habitual residence is unknown at the time the action is brought.
