ØBO TOURS APS’ GENERAL TERMS
1. Agreement
1.1 These General Terms and Conditions (“General Terms”) shall apply to all deliveries of products and services (”Travel Services”) from ØBO TOURS ApS to B2B customers in the form of travel providers (”Clients”), unless otherwise specifically agreed between the parties in writing.
1.2. ØBO TOURS ApS’ Travel Services are specified in ØBO TOURS ApS’ offer to the Client.
1.3. These General Terms shall constitute the entire agreement between the parties together with ØBO TOURS ApS’ offer, order confirmation and/or contract entered into with the Client (“Agreement”)
2. Offer
2.1 Offers made by ØBO TOURS ApS shall apply for the period as specified in the Agreement. If the Client has not accepted the offer in writing within the specified period, the offer shall become void.
2.2 Any non-compliant acceptance from the Client shall be deemed as a new offer. ØBO TOURS ApS shall not be bound by such new offer, unless ØBO TOURS ApS has specifically agreed hereto in writing.
3. Information and assistance
3.1. ØBO TOURS ApS shall provide clear information in the Agreement regarding the Travel Services, including information on prices. ØBO TOURS ApS shall inform the Client of any changes in the Travel Services as soon as possible after becoming being aware of such changes.
3.2. Any information regarding the Travel Services as defined by ØBO TOURS ApS in the Agreement shall be deemed as informative and shall only be binding for ØBO TOURS ApS to the extent that ØBO TOURS ApS has assumed such obligation in writing.
3.3. Any delivery times, if applied, are approximate and non-binding unless otherwise specifically agreed and confirmed in writing by the parties.
3.4. ØBO TOURS ApS shall provide reasonable assistance to the Client in case of any disagreements or conflicts between the Client and the Client’s travellers while in Denmark, and to the extent that such disagreements or conflicts are related to the Travel Services. If such assistance exceeds what may be deemed as reasonable considering ØBO TOURS ApS’ delivery obligation, ØBO TOURS ApS shall be entitled to claim additional remuneration from the Client.
4. Booking
4.4. ØBO TOURS ApS shall handle bookings to the extent that this has been agreed with the Client in the Travel Services. Reference is also made to Clause 1.2 in these General Terms.
4.5. ØBO TOURS ApS does not guarantee any availability of the Travel Services, and ØBO TOURS ApS is not liable for any errors or mistakes related to the booking, which is beyond the control of ØBO TORS ApS and/or is caused by a third party.
5. Prices and payment
5.1. All prices are stated in EUR or DKK incl. VAT if applicable.
5.2. Unless otherwise agreed, prices are agreed and set individually for the Travel Services.
5.3. ØBO TOURS ApS reserves the right to regulate prices, if such regulation is due to matters beyond the control of ØBO TOURS ApS, including but not limited to foreign exchange rates, changes to the prerequisite conditions of the original price (e.g. number of participants or date) or unforeseen extra costs from sub-suppliers or business partners.
5.4. The Client shall be liable for any extra costs incurred due to changes of the Agreement made by the Client, e.g. changes in travellers or the date.
5.5. Payment terms shall be as specified in the Agreement.
5.6. Late payment shall be subject to interest in accordance with applicable provisions of the Danish Interest Act plus 2 % for each commenced week of delay. ØBO TOURS ApS shall be entitled to claim damages or loss incurred by any late payment in addition to interests.
5.7. In the event of the Client’s late payment, ØBO TOURS ApS shall be entitled to withhold delivery of the Travel Services and/or cancel services included in the Travel Services. This does not exempt the Client from the obligations pursuant to the Agreement, including but not limited to obligations related to non-refundable purchases.
5.8. If delay in delivery of the Travel Services is caused by the Client, the Client shall be obligated to pay ØBO TOURS ApS in accordance with the Agreement as if delivery was on time.
5.9 The Client shall not be entitled to withhold or set off against any payments.
6. Change or cancellation
6.1. Any cancellation of or changes to the Travel Services shall be made on the terms and conditions as stated by ØBO TOURS ApS in the Agreement.
6.2. ØBO TOURS ApS shall be entitled to change travel plans, route or departure time without prior notice, if such changes are necessary due to weather conditions or other conditions beyond the control of ØBO TOURS ApS. Unless otherwise agreed ØBO TOURS ApS shall be entitled to replace agreed Travel Services with similar services or services of higher quality.
6.3. Cancellation of or changes to serial orders shall be made on the terms and conditions stated by ØBO TOURS ApS in the Agreement.
6.4. All changes and cancellations shall be made in writing to ØBO TOURS ApS and are subject to ØBO TOURS ApS written acceptance.
7. Client’s obligations
7.1 Immediately upon receipt, the Client shall inspect the Travel Services, including travel plans etc., thoroughly to ensure that the Travel Services are conforming with and delivered according to the Agreement. Any non-conformance must be immediately notified in writing to ØBO TOURS ApS. Any claims of non-conformity received by the Client’s travellers to the Client shall be immediately forwarded to ØBO TOURS ApS by the Client.
7.2 The Client’s failure to comply with this Clause 7.1 shall be deemed as an acceptance of the non-conformity, and any claim which the Client may have had pursuant to the non-conformity, shall be deemed as waivered.
8. Liability
8.1. ØBO TOURS ApS’ total liability is limited to the price of the part of the Travel Services, which does not comply with the Agreement.
8.2. To the extent that ØBO TOURS ApS is held liable towards third parties, the Client must hold ØBO TOURS ApS harmless to the extent that such liability falls outside of the scope of ØBO TOURS ApS’ liability for the Travel Services.
8.3 ØBO TOURS ApS shall not be liable for the Client’s indirect loss, including but not limited to loss of operations, profit or turnover suffered by the Client, travellers or other users of the Travel Services.
8.4. ØBO TOURS ApS solely acts in the capacity of agent for third parties, including but not limited to – hotels, restaurants, transport companies etc. ØBO TOURS ApS is not liable for such third parties’ correct delivery of services, and ØBO TORUS ApS is not responsible for accidents, loss, damages or other irregularities beyond the control of ØBO TOURS ApS.
8.5. ØBO TOURS ApS shall not be liable for the bankruptcy or insolvency of a third party.
8.6. ØBO Tours ApS shall not be liable for the Client’s travellers, including but not limited to injuries, accidents, delays, changed departure times, loss and theft of luggage and personal belongings, or damage caused by a third party.
8.7. ØBO TOURS ApS is not liable for any errors, spelling mistakes and the like.
9. Insurance, visa and other documents
9.1 ØBO TOURS ApS shall not be liable for the Client taking out the relevant insurances, obtaining visa or other personal documents. The Client is responsible for all compliance with local legislation and for its travellers while being in Denmark.
10. Intellectual property rights
10.1. ØBO TOURS ApS shall remain the owner of all intellectual property rights related to the Travel Services, and the Client shall only receive a usage right of the Travel Services within the scope of the Agreement.
11. Force majeure
11.1. In the event of force majeure, ØBO TOURS ApS shall be free of any obligations for as long as the force majeure situation exists.
11.2. Force majeure shall mean events which cannot be controlled, avoided or anticipated by ØBO TOURS ApS’, including but not limited to war, civil war, insurrection, terror actions, public restrictions, import or export bans, catastrophes of nature of any kind, local, regional or global outbreaks of diseases as well as extensive or local industrial conflicts, fire, power failure, computer viruses or alike.
12. Choice of law and venue
12.1. Any disputes arising out of or relating to the Agreement or the Travel Services shall be exclusively settled in accordance with Danish law by the courts of Denmark, either the district court where ØBO TOURS ApS is domiciled or the Maritime and Commercial Court of Copenhagen at ØBO TOURS ApS’ own exclusive option.
13. Contact
ØBO TOURS ApS
Nørremarksgyden 1
DK-5658 Ryslinge
Tlf.: +45 31 40 20 01
E-mail: welcome@obotours.dk