General Terms and Travel Conditions Onexperience e.K.
These General Terms and Conditions of Business and Travel (ARB) regulate the legal relationship between you and us, Onexperience e.K., Brunnenstr. 35, 10115 Berlin, info@onexperience.de and supplement §§ 651a ff. BGB (German Civil Code) as well as §§ 4-11 BGB-InfoV (Ordinance on Information and Proof Obligations under Civil Law) and fill them out. With your order confirmation you accept these ARB. So pay special attention to these ARB.
1. Individual travel concept & contract
Onexperience e.K. creates individual and customized travel concepts.
In a first step you contact us without obligation via our online contact form by e-mail or by phone. Thereupon we arrange a 1st appointment with you for a personal conversation on the phone or at a location of your choice. A contract is not yet concluded here.
Following the conversation, we will develop a first mood presentation, which we will present to you in a timely manner. For this service we charge 500 € – 1.000 €, depending on the actual effort. However, this will be deducted from the total price when booking the trip. If a booking does not materialize, these costs are non-refundable.
In the next step we create your comprehensive travel concept and offer with all information about flights, accommodations, sights, activities etc. as well as the costs. After completion of the concept we will send it to you.
The acceptance is made by you also for all participants named in the concept, for whose contractual obligation you are responsible as for your own obligations, if and to the extent that you have assumed a corresponding separate obligation by explicit and separate declaration.
The details of the travel concept are to be checked immediately upon receipt and any errors and/or requests for changes are to be reported to us by e-mail to info@onexperience.de, by telephone or in writing within 7 days of receipt.
A booking of the trip by Onexperience will only be made after its confirmation and the receipt of the costs shown in the invoice.
Travel agents such as travel agencies and/or other service providers such as hotels, accommodation or transportation companies are not authorized to make any agreements that change, expand or contradict the content of the travel contract agreed upon between us and/or to provide information or assurances. Location and hotel brochures not issued by us are not binding for our obligation to perform, unless we have expressly agreed on their full or partial validity with you.
2. Prices, payment and due dates
2.1 We have taken out insolvency insurance with R+V Versicherung to safeguard customer funds. The insurance certificate can be sent if required.
2.2 In addition, the invoice shall contain information on the amount and due date of down payments and remaining payments as well as the further terms of payment.
2.3 As a rule, the following shall apply to the due date of payments, unless otherwise agreed:
With the invoice of the trip, a corresponding deposit or the total price is to be transferred immediately and without deduction to the given account.
Any final payment shall be made in accordance with the details and deadlines specified in the invoice.
We will draw your attention to any earlier due dates for individual services (e.g. special flight fares).
If you cancel the entire booking, our general cancellation conditions apply.
If the deposit and/or the balance are not paid or not paid in full by the agreed payment due date, Onexperienc e.K. cannot book the trip and we reserve the right to withdraw from the travel contract after sending a reminder and setting a deadline. We can impose the costs for the withdrawal on you according to these ARB.
3. Modifications
3.1 Changes or deviations of individual services of the trip (e.g. change of flight times, in the program schedule, etc.) that become necessary after the booking of the trip, which we have not brought about contrary to good faith, are permissible. This does not affect any warranty claims if and insofar as the changed service was defective. If the aforementioned changes or deviations in individual services occur, we shall inform you of this without delay. If you do not agree with the changes or deviations, please notify us within 3 days, otherwise they are considered confirmed. If you do not confirm the indicated changes or deviations, we will try to show appropriate alternatives.
3.2 In case of any change requests by the client regarding the time period or other components of his trip (such as tour itinerary, flights, accommodations, activities, etc.), the costs will be adjusted accordingly.
3.3 We expressly reserve the right to adjust the prices advertised in the concept and offer according to current costs and exchange rates in the event of late payment of the tour price. In the cases of increases in transportation costs and/or the increase of prices for special services such as fees for ports and airports or in the case of price changes concerning the exchange rates may change as follows:
Increases concerning the costs of transportation (e.g. fuel costs) entitle us to increase the tour price as follows:
– If the increase concerns the traveler’s seat, we can demand the increased amount from the traveler accordingly.
– We can demand increases in port or airport charges from the traveler on a pro rata basis.
– We can demand a proportionate increase in the exchange rate from the traveler.
In any case, an increase is allowed only if after the booking order was not immediately transferred the total cost of the trip.
4. Withdrawal, cancellation fees, rebooking, substitute participant
4.1. The withdrawal of the traveler is possible at any time before the start of the trip. The withdrawal has to be declared to us, Onexperience e.K., Brunnenstr. 25, 10115 Berlin, info@onexperience.de in written form.
After the cancellation of the trip, the general cancellation conditions apply according to the invoice.
The claim will be calculated taking into account the expenses usually saved and possible other uses. The cancellation fees are as follows:
In case of cancellation of the trip after commissioning in oral or written form, but before booking the trip or individual items, only the agency services incurred so far will be charged.
In case of cancellation of the trip after its booking by Onexperience e. K. applies:
– The cancellation conditions of the respective partners, suppliers, etc. apply.
– The agency services of Onexperience e.K. are not cancelable, 100% of the costs will be charged.
In the event of cancellation, costs may be incurred in the form of currency or exchange rate fluctuations in the reimbursement of payments already made to partners, suppliers etc.
The traveler is at liberty at any time to provide evidence of a lesser or no damage.
In the case of rebooking at the request of the traveler concerning the travel date, destination, place of departure, accommodation or the type of transportation, the calculation of expenses will be made in accordance with those in the case of a withdrawal. Other or minor changes than those mentioned above are free of charge.
5. Unclaimed power
If individual services of the trip, which we have duly offered to the traveler, are not claimed due to an early return journey or for other compelling reasons, there is no entitlement to pro rata compensation of the travel price. Nevertheless, in these cases we will make every effort to find a replacement with the respective service providers, unless it is only a matter of completely insignificant services.
6. Withdrawal and cancellation by us
If a minimum number of participants has been advertised or set by the authorities and this number is not reached according to the information provided by the partner or provider, we can only withdraw from the travel contract if and insofar as the minimum number of participants was referred to in the advertisement of the trip and the travel confirmation, the number was quantified herein and the recipient was informed of the time by which our notice of withdrawal must be received by the recipient.
In any case, we are obliged to inform the traveler immediately about the non-implementation and to send the cancellation notice.
In this case, the travel price will be refunded to the traveler, if applicable, insofar as the cancellation conditions allow, minus any other costs incurred by Onexperience e.K..
7. Resignation and termination for reasons of conduct
We may cancel or terminate the travel contract after the start of the trip without observing a notice period if the traveler, despite prior warning, persistently disturbs the trip or commits a breach of duty that justifies immediate cancellation of the contract.
In the event of effective termination by us, we retain the right to the travel price. However, we must take into account the expenses saved by the premature termination as well as all benefits that we have obtained through other use of the services not used or have maliciously omitted to obtain, including any credit notes received by us from service providers.
8. Termination due to force majeure
Unless expressly stated otherwise in these Booking Conditions, we regret that we cannot accept liability or pay compensation if the performance of our contractual obligations is prevented or affected by “force majeure” or you otherwise suffer damage, loss or expense. In these Booking Conditions, “force majeure” means any event or circumstance that we or the provider of the relevant service(s) could not have foreseen or avoided, even with all due care. Such events include actual or threatened war, riot, civil war, terrorist activity, labor disputes, natural or nuclear disasters, adverse weather conditions, volcanic eruptions, fire, flood, epidemic, closure, restriction or congestion of airports or airspace, and any similar events or circumstances beyond our control or the control of the relevant provider.
In the event of termination of the travel contract due to force majeure, reference is made to the statutory provision pursuant to § 651 j BGB, which read as follows:
If the trip is significantly impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both the tour operator and the traveler may terminate the contract solely in accordance with this provision.
If the contract is terminated in accordance with paragraph 1, the provisions of § 651e, section 3, sentences 1 and 2, section 4, sentence 1 shall apply. The costs incurred shall be borne by the traveler.
9. Liability
9.1. Our contractual liability for damages, which are not based on injury to life, body or health, is limited to the amount of the travel price,
insofar as the damage was caused neither intentionally nor by gross negligence, or
insofar as the damage was caused exclusively by the fault of the service provider.
Any additional claims under the Montreal Convention or the Air Transport Act remain unaffected.
Our liability in tort for property damage caused neither intentionally nor by gross negligence is limited to the amount of the tour price.
The maximum amount of liability applies per customer and trip. Any additional claims in relation to the luggage according to the Montreal Convention remain unaffected.
The following applies in connection with liability for third-party services:
We are not liable for service disruptions, personal injury and property damage that we have arranged exclusively as third-party services, if these services were explicitly and clearly listed as third-party services in the travel description and confirmation, naming the arranged contractual partner. This includes, for example, the arrangement of excursions, cultural and sporting events, exhibitions, transportation services from or to the place of departure and destination, etc.
This does not apply, that is, we are liable
– for services concerning transportation from the named starting point of the trip to the named destination of the trip, for intermediate transportation during the trip and for accommodation during the trip,
– if and insofar as the damage is based on a breach of our information or organizational duties.
10. Defect rights / warranty
10.1 If the travel service is not provided in accordance with the contract, the traveler may demand redress. For this purpose, the traveler must fulfill his obligations to cooperate, regardless of our primary obligations to perform. In this context, the traveler must take all reasonable steps to remedy the disruption and keep any damage to a minimum. This includes in particular the immediate notification of the complaint, unless the complaint is obviously without prospect of success or otherwise unreasonable for the traveler.
The notification should primarily be made to the local representative in the destination area. The contact details are given in the respective travel documents. The local representative or the tour guide is authorized to remedy the situation if and to the extent possible. However, the authority does not extend to the recognition of claims. If, contrary to expectations, contact details are missing from the travel documents, the traveler must contact us immediately.
Comtact: Onexperience e. K., Brunnenstr. 35, 10115 Berlin, +49 171 685 18 76, info@onexperience.de
In any case, travelers should have the trip number, destination and travel dates ready and provide them upon request.
10.2 If the traveler wants to terminate the travel contract due to a travel defect according to § 615c BGB pursuant to § 651 e BGB for an important and for us recognizable reason due to unreasonableness, a reasonable deadline for remedy must be set beforehand. Setting a deadline is not required if the remedy is impossible, it is refused by us or the termination without notice is necessary due to the legitimate interest of the traveler recognizable for us.
10.3 In the event of damage or delays in the delivery of baggage, we recommend that you immediately report the damage on site to the relevant airline by means of a damage report.
We would like to point out that airlines usually refuse refunds if no completed damage report is available.
In the case of damage to baggage, the damage report must be submitted within 7 days and in the case of delays within 21 days after delivery.
In addition, the loss, damage or delay/misdirection of luggage must be reported immediately to the local representative or the tour guide.
10.4 We ask for timely notification if the travel documents are not received within the specified deadlines.
11. Claim exclusion
Claims in accordance with §§ 651c – f BGB for services not in accordance with the contract must be asserted within 1 month after the contractually intended end of the trip. The assertion is made to:
Onexperience e.K., Brunnenstr. 35, 10115 Berlin, +49 171 685 18 76, info@onexperience.de
The start of the period is the day following the day of the contractual end of the journey. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of declaration, the next working day shall take its place.
After expiry of the deadline, claims can only be asserted if compliance with the deadline was not possible without fault.
The aforementioned deadline applies accordingly to the assertion of luggage damage or delays in the delivery of luggage, if the warranty rights under §§ 651 c section 3, 651 d, 651 e section 3 and section 4 BGB are asserted.
12. Limitation
The claims of the traveler pursuant to §§ 651c – f BGB for injury to life, limb or health, which are based on an intentional or grossly negligent breach of duty on our part, are subject to a limitation period of two years. This applies accordingly to intentional or grossly negligent conduct on the part of vicarious agents or legal representatives or for other damages based on an intentional or grossly negligent breach of duty on the part of the tour operator or a legal representative or vicarious agent of the tour operator.
In all other respects, claims are subject to a limitation period of one year in accordance with §§ 651c – f BGB.
The limitation period begins on the day following the contractually agreed end of the trip. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of declaration, the next working day shall take its place.
The statute of limitations is suspended for the period in which negotiations are pending between the traveler and us regarding the claim or the circumstances justifying the claim, until one side finally refuses to continue the negotiations. In this respect, the limitation period shall commence no earlier than three months after the end of the suspension.
13. Alternative dispute resolution
For the out-of-court settlement of consumer disputes, the European Commission has established an online platform that can be reached at: http://ec.europa.eu/consumers/odr.
Onexperience e.K. can be reached by e-mail at info@onexperience.de.
We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
After a dispute has arisen between Onexperience e.K. and a consumer that could not be resolved through negotiations with the consumer, for example within the framework of our customer complaint system, consumers can in principle contact the General Consumer Arbitration Board of the Zentrum für Schlichtung e. V. responsible for general consumer problems.
Contact:
General Consumer Arbitration Board of the Center for Arbitration e.V.
Straßburger Straße 8
77694 Kehl am Rhein
mail@verbraucher-schlichter.de
Phone 07851 / 795 79 40
Fax: 07851 / 795 79 41
14. Mandatory information about the air carrier
According to the EU regulation on informing passengers about the identity of the operating air carrier, we are obliged to inform the traveler about the identity of the operating air carrier at the time of booking, including the air transportation services to be provided in connection with the booked trip.
If an airline cannot yet be named at the time of booking, we are obliged to inform the traveler of the airline that is likely to provide the air transportation.
In case of a change of the initially named airline, we will inform the traveler immediately.
A list of airlines that are subject to an EU operating ban (so-called “Black List”) can be viewed at the following link:
http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
15. Passport, customs, visas, foreign exchange, health regulations, pets
If the trip is offered to a national of a state of the European Union, we must inform about the provisions of passport, visa and health regulations before the conclusion of the contract and about their possible changes before departure. In all other respects, the relevant consulate will provide information. We assume that there are no particularities concerning the traveler or fellow travelers, such as dual nationality or statelessness.
The traveler is solely responsible for obtaining and carrying the necessary travel documents, as well as for any required vaccinations and compliance with customs and foreign exchange regulations. The disadvantages resulting from the disregard of these regulations shall be borne exclusively by the traveler, unless the traveler was culpably not, not sufficiently or incorrectly informed by us.
A liability of us for the untimely issuance and access to necessary visas by the respective diplomatic representation is excluded, unless we have culpably violated our own obligations. This applies accordingly if the traveler has commissioned us with the procurement.
Pets may only be brought along in those cases in which we have expressly permitted this in the service description.
16. Travel cancellation insurance
The travel price does not include travel cancellation insurance, cancellation costs insurance and travel interruption insurance, unless we have explicitly stated this. We are happy to advise the traveler about insurance options and recommendations of our partner Union Reiseversicherungen.
17. Contact organizer
Organizer is Onexperience e.K., Brunnenstr. 35, 10115 Berlin, info@onexperience.de
Contact: Gunnar Romeyke, +49 171 685 18 76, gunnar@onexperience.de
Status September 2023