Terms and Conditions of OIK gGmbH (OIK)
1.1. OIK is a destination management company offering tailored group travel in Germany and Europe for its Clients. Its travel packages are adapted individually to the participant groups for which a request has been made.
1.2. The legal relationship between OIK and the Client is based on the Terms and Conditions laid out below. In this sense, they supplement the statutory provisions of German Civil Code (Bürgerliches Gesetzbuch, BGB) Sections 651a to 651y and Implementation Act for the BGB (Einführungsgesetz zum BGB, EGBGB) Articles 250 and 252.
2. Subject of/entry into contract
2.1. OIK shall send the Client binding quotations for package or programme components as part of requested bookings. OIK shall normally see itself as bound to these quotations for four weeks unless the relevant quotation indicates otherwise.
2.2. The basis for this quotation shall be the relevant offer descriptions and supplementary information provided by OIK.
2.3. The relevant package travel contract shall take effect when the quotation has been signed by the Client and received by OIK; it shall take effect no later than when the travel service(s) have been performed.
OIK shall document the contract taking effect by sending a confirmation/(down-payment) invoice.
2.4. The information issued by OIK prior to entering into the contract regarding the material characteristics of the travel services, the travel package price, all additional charges, the payment terms, the minimum number of participants and the cancellation fee pursuant to EGBGB Article 250 Section 3(1), (3) to (5) and (7) shall only form part of the package travel contract if this is explicitly agreed between the Parties.
2.5. OIK advises that under the statutory provisions for package travel contracts under BGB Sections 651a and 651c, package travel contracts that are entered into remotely shall not be subject to a right of revocation that can be exercised by the Customer; instead such contracts shall enjoy only statutory withdrawal and termination rights including, but not limited to, the right of withdrawal provided under BGB Section 651h (see below for more on this). However, a right of revocation shall be provided if the contract for travel services pursuant to BGB Section 651a is entered into outside of business premises, though not if the verbal negotiations leading to conclusion of the contract were held at the request of the consumer; in the latter situation, a right of revocation shall not be provided.
3. Pretravel changes to the contract’s content that are not included in the package price
3.1. Where immaterial travel services must change or vary from the agreed specifications of the package travel contract after it is entered into and for reasons not caused by OIK in breach of good faith, the changes or variations shall be permitted if the overall performance of the booked travel package is not negatively impacted as a result. OIK shall inform the Client of such changes immediately after becoming aware of them.
3.2. In the event of a significant change to a material travel service or deviation from particular specifications of the Client that have become part of the package travel contract, the Client shall be entitled to choose any of the following by a reasonable deadline that is set by OIK at the same time that it announces the change:
• To accept the change
• To withdraw from the package travel contract free of charge
• To demand participation in an alternative travel package if OIK offers such an alternative travel package
The Client shall have the choice of responding or not responding to the notice provided by OIK. If the Client should respond to OIK, it will be able to choose to agree to the change of the contract, to demand an alternative travel package if such a package has been offered to it or to withdraw from the contract without charge. If the Client should not respond to OIK or not respond by the date given, the announced change shall be deemed accepted.
3.3. Potential guarantee claims shall not be affected if the modified services are defective. If OIK has incurred lower costs for the changed travel package or alternative travel package with equivalent quality, the Client shall be refunded the difference in accordance with BGB Section 651m(2).
4.1. The agreed package or component prices shall be charged per person, inclusive of all agreed secondary services and subject to the additional, applicable value added tax. All services contained in the quotation or individual order shall be deemed included if they appear in the list of ‘included services’. Services not appearing in this list shall be deemed ‘non-included’ or ‘optional’. The indicated prices shall be valid only for the contractually stipulated number of participants. Should the number of participants change, the per-person prices shall usually also change.
OIK shall be entitled to increase the stipulated prices accordingly in the event of demonstrable cost increases.
5. Prices, payment terms, default, withdrawal
5.1. The payment terms here shall apply unless otherwise provided in the order confirmation.
Accordingly, a down payment of 20 per cent of the travel package price shall be due for payment to OIK at order confirmation and after provision of an insolvency protection certificate pursuant to BGB Section 651r. The remaining balance shall be paid no later than eight weeks before the travel package commences.
Should the travel package be booked fewer than two weeks prior to the package commencing, the entire package price shall be due for immediate payment.
5.2. In the event that the Client does not meet the agreed payment due dates, even after a reasonable alternative deadline is set, OIK shall reserve the right to withdraw from the package travel contract and invoice the Client for the costs incurred through it based on the staggered cancellation penalties stipulated in section 6. OIK shall also reserve the right to provide evidence of losses of a greater amount and to claim them as damages from the Client in place of the cancellation penalties.
5.3. In the event that the Client becomes the subject of insolvency proceedings, or if such proceedings are rejected due to a lack of assets, OIK shall be entitled to withdraw from the package travel contract.
6. Withdrawal of the Client/entitlement to compensation
6.1. The Client shall be able to withdraw from the package travel contract at any time before the package commences. Notice of withdrawal shall be provided to OIK.
6.2. If the Client should withdraw before the package commences or not utilise the package, OIK shall lose its entitlement to payment of the package price. Instead, OIK may demand reasonable compensation unless the withdrawal is the fault of OIK or extraordinary circumstances arise at the destination or in immediate proximity to it and significantly impact the viability of the travel package.
6.3. The amount of compensation shall be determined based on the package price less the value of the expenses saved by OIK and less the value of what OIK gains by using the travel services for other purposes. OIK shall provide justification if requested by the Client.
6.4. Unless varying cancellation penalties have been stipulated in the quotation/order confirmation, OIK may claim the following lump-sum withdrawal charges from the Client as damages for the travel package preparations made and expenses incurred; these cancellation charges shall be calculated based on the time of receipt of the withdrawal notice in relation to the package commencement date and using percentage values as a proportion of the total price according to the schema below:
• Up to the 60th day prior to package commencement: 20 per cent of the total agreed price.
• Between the 59th and 30th days prior to package commencement: 45 per cent of the total agreed price.
• Between the 29th and 15th days prior to package commencement: 55 per cent of the total agreed price.
• Between the 14th day prior to package commencement and the package commencement date, or non-utilization of the package: 90 per cent of the total agreed price.
6.5. The Client shall in all cases be free to demonstrate to OIK that OIK has incurred a loss of a significantly lower amount.
7.1. The Client shall not have any entitlement to change the dates of stay, destination, lodgings or number of participants (i.e. to rebook) following order confirmation.
7.2. It shall be possible to perform part-cancellations solely of accommodation services only with the permission of the accommodation establishment; such part-cancellations shall potentially be subject to an adjustment of the total price.
7.3. The right to cancellation for good cause shall not be affected by this.
8. Notice of defects/remedy
8.1. If the travel package provided is not free of defects, the Client may demand a remedy.
8.2. Should OIK not be able to create a remedy as a result of the Client’s culpable failure to provide a notice of defects, the Client shall not be entitled to claim a discount on the package price under BGB Section 651m or to claim compensation under BGB Section 651n.
8.3. The Client shall be required to report any potentially occurring defects to OIK or its on-site representatives without delay. Should a representative of OIK not be available on-site, any defects shall be communicated to OIK.
8.4. The on-site representative shall have the task of arranging a remedy where one is possible and necessary. However, the representative shall not have the power to confirm any entitlements.
8.5. If the travel package should suffer significant, negative impacts as a result of a defect or if the Client cannot reasonably be expected to partake in the travel package as a result of such a defect and for a significant reason apparent to OIK, then the Client shall be able to cancel the package travel contract based on the statutory provisions (BGB Section 651l). The Client shall set OIK a reasonable deadline for a remedy prior to this.
8.6. The Client shall be advised that, under aviation regulations, any loss, damage or delay of luggage in connection with air travel must be immediately reported by the Client to the responsible airline using a property irregularity report (PIR) at the destination. Airlines and OIK may deny refunds based on international agreements if this property irregularity report is not filled in. The property irregularity report shall be submitted within seven days of issue in the event of baggage loss and within twenty-one days of issue in the event of a delay.
8.7. Notwithstanding the above, the loss, damage or misrouting of luggage shall be immediately reported to OIK.
9.1. The contractual liability of OIK for losses and damage shall be limited to triple the travel package price if the losses and damage do not constitute physical injury and are not incurred culpably. Any entitlements under international agreements or statutory provisions based on them that potentially exceed the foregoing limit shall not be affected by the limit.
9.2. OIK shall not be liable for the information provided, for impairment of performance and losses and damage in connection with services that:
a) are not the main services agreed by contract and that do not form part of the package or component quotation from OIK and that are marked as an external service in the quotation or order confirmation in a manner identifiable for the participant, or
b) are merely sold as external services during the package holiday (e.g. theatre visits, exhibitions, day trips, etc.)
The provisions in BGB Sections 651b, 651c, 651w and 651y shall not be affected by this.
9.3. Furthermore, OIK shall not be liable for the loss of clothing items or other objects in buildings and rooms where events are held.
9.4. It is recommended to purchase travel cancellation and travel accident insurance.
10. Exercising claims: addressee, information about consumer dispute resolution
10.1. For entitlements under BGB Section 651(3)(2) and 651(3)(4) to (7), the Client shall claim these entitlements from OIK. It is recommended to exercise such claims through a durable medium.
10.2. With regard to the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG), OIK advises that it does not participate in voluntary consumer dispute resolution.
11. Passport, visa and health regulations
11.1. OIK shall inform the Client of all general passport and visa requirements and health-screening formalities applicable at the destination, including the approximate deadlines for any visas required, prior to entry into the contract and shall provide information about any changes to the above prior to the travel package commencing.
11.2. The Client shall be responsible for obtaining and carrying the officially required travel documents, obtaining any required immunizations, and complying with customs and currency regulations. Disadvantages suffered as a result of not following these regulations, for example having to pay withdrawal charges, shall be at the participant’s expense. This shall not apply if OIK has not provided information or has provided insufficient or incorrect information.
11.3. OIK shall not be liable for any required visas being issued and received on time from the relevant diplomatic mission if the Client has charged OIK with procuring said visas; this shall not apply if OIK has breached its own obligations.
12. General advice
12.1. Some accommodation establishments require on-site payment of a security deposit which is then refunded at checkout. The Client shall pay this deposit directly at the site. The relevant amount of the deposit shall be communicated prior to the package commencing.
12.2. Most accommodation establishments are able to prepare special meals for people who are diabetic, are vegetarian or have allergies. OIK always endeavors to provide for the special needs of particular diets. However, OIK does not have any influence over the menus of the various hospitality offerings.
12.3. Homestays with host families shall always be subject to availability and confirmation from the relevant school. OIK cannot guarantee that homestays are partially or fully possible and, if necessary, shall reserve the right to accommodate booked groups in hostels.
12.4. Concerts booked by OIK shall be subject to availability. If necessary, OIK shall reserve the right to rebook concerts with ones in different cities.
13. Concluding provisions
13.1. The invalidity of individual provisions of the agency contract or the contract for the brokered sale of another service or parts of one shall not result in the invalidity of the entire agency contract or of the contract for the brokered sale of another service. The same shall apply to these contractual Terms and Conditions.
13.2. Solely German law shall apply to the contractual relationship between the Client and OIK. International (UN) sales law or other intergovernmental law shall be unenforceable, provided such unenforceability is legally permissible.
13.3. Should the contract be a commercial transaction for the Parties involved, they shall agree that venue be the court with jurisdiction over the principal place of business of OIK.
14. Data protection
- Last updated July 27th, 2020 –