1. General information
Any contract for the sale of products and services from ØBO TOURS, CVR no. 40625747, Nørremarksgyden 1, DK-5856 Ryslinge, Denmark, to a buyer of ØBO TOURS products or services is created on the basis of the present general terms and conditions.
2. Contractual basis
The general terms and conditions, together with the information set out in quotations, order confirmations and contracts, constitute the complete contractual basis between ØBO TOURS and the buyer. The general terms and conditions also apply if the basis for the sale is solely orders placed by the buyer. Any deviation from the contractual basis must be agreed in writing between the parties.
In sales to travel agents and tour operators (B2B), which sell on travel services and package tours, ØBO TOURS acts in the capacity of an agent for hotels, restaurants, transport operators, etc. ØBO TOURS is not responsible for accurate delivery of the individual travel services and is not responsible for any accidents, loss, damage, delays or any other interference, or irregularities caused or arising beyond our control, including bankruptcy or insolvency of the service provider.
Package tours and combined travel events for companies and associations of a duration of less than 24 hours, and which do not involve accommodation, are not subject to the Danish Package Holidays Act (Pakkerejseloven); for that reason, ØBO TOURS acts solely in the capacity of an agent for restaurants, transport operators, etc., and is not responsible for correct delivery of the individual travel services and bears no liability for accidents, loss, damage, delays or other interference, or irregularities caused or arising beyond our control, including bankruptcy or insolvency of the service provider. ØBO TOURS disclaims all liability for compensation claims.
4. Rights of use
ØBO TOURS has the rights of use of all its material. Any request to use the material or parts of the material require the consent of ØBO TOURS.
To initiate a quotation/contract, acceptance of the same must be notified in writing to ØBO TOURS, cf. the deadlines set out in the quotation. If an acceptance from the buyer includes changes to the quotation, the quotation is only valid if ØBO TOURS correspondingly reconfirms the quotation including the changes.
Prices are stated in EUR/DKK. The prices are set individually based on the services and products requested and are stated in the quotation/contract. In the absence of individually established prices, the notified prices apply; cf. the general quotation.
ØBO TOURS reserves the right to adjust the prices. This applies in particular, but not exclusively, to the prices stated based on a particular number of participants; if the agreed dates are changed; if additional costs are charged by the service providers, etc.
In the event of changes in exchange rates after acceptance of a quotation/contract, the price may be adjusted to the extent that such changes have increased the cost of services to ØBO TOURS.
7. Changes & Cancellation
The rules from time to time governing changes and cancellation are set out in the quotation and apply irrespective of the reason for cancellation and/or changes.
The agreed number of participants, cf. the accepted quotation, is binding as regards implementation. If the agreed number of participants is not reached, the buyer bears any additional associated costs. ØBO TOURS reserves the right to make any necessary changes to a quotation/contract if the agreed number of participants is not reached.
For serial orders, the rules governing changes and cancellation set out in the contract apply.
Any and all changes and cancellations must be notified in writing to ØBO TOURS and must be reconfirmed.
8. Payment, late or outstanding
The payment terms and conditions from time to time in force are set out in the quotation.
Collection and payment are in euros (EUR) or Danish kroner (DKK). Payment must be made in accordance with the payment terms and conditions set out in the quotation unless otherwise expressly agreed between the parties. Payment must be made via the payment method from time to time stated on the invoice.
All accepted quotations must be paid in advance. The advance payment must be made no later than the due date stated in the accepted quotation. Outstanding or late payment will result in non-delivery of the agreed services and travel documents, and the accepted quotation will be suspended. This does not release the buyer from its obligation in the special circumstances where partial products or partial services are non-refundable upon acceptance of a quotation. The buyer undertakes to make any and all payments due to ØBO TOURS as if delivery had taken place at the agreed time if the delivery is delayed due to matters pertaining to the customer.
For serial orders, the rules governing payment terms and conditions set out in the contract apply.
In the event of late or outstanding payment, ØBO TOURS will collect interest in accordance with the Danish Late Payment of Commercial Debts (interest) Act.
9. Insurance, visa and other documents
ØBO TOURS does not offer insurance cover and therefore urges its customers to advise their participants to take out the insurance cover they need. Visas, other personal documents and compliance with national legislation are the direct responsibility of the customer/participants.
10. Defects and deficiencies
ØBO TOURS accepts no liability for the performance or non-performance of service providers.
The customer must examine products and services from ØBO TOURS immediately upon delivery. If the customer intends to cite a defect or deficiency, as soon as the defect or deficiency is or should have been discovered, the customer must inform ØBO TOURS in writing to this effect, stating the nature of the defect or deficiency. If the customer does not complain as directed, the customer cannot invoke the defect or deficiency at a later stage.
Notification of defects or deficiencies along the way and any requests for remedial measures must be given without undue delay to the contact specified by ØBO TOURS. If, in this respect, a local provider or a local agency is specified as a competent authority, and these are not available, the customer must inform ØBO TOURS immediately.
At the option of ØBO TOURS, defective or deficient products or services supplied directly by ØBO TOURS will be remedied or redelivered at the expense of ØBO TOURS within a reasonable time. If this does not happen, the buyer is entitled to rescind the agreement, claim a reduction in the purchase price or claim compensation.
ØBO TOURS is not liable in tort or responsible for correct delivery of the individual travel services and bears no liability for the following non-exhaustive events: accidents, loss, damage, delays or other interference, or irregularities caused or arising beyond our control, also including bankruptcy or insolvency of service providers.
ØBO TOURS does not accept any responsibility or liability in tort in connection with consequences due to, but not limited to, unforeseen circumstances such as force majeure, accidents, the weather, strikes, bankruptcy, etc., resulting in non-performance of the contract entered into.
ØBO TOURS is not liable for the customer’s indirect losses, including operational losses or loss of profit.
Any liability in tort of ØBO TOURS in relation to the customer is in all cases limited to the sum the customer paid for the service rendered directly by ØBO TOURS.
If impossibility of performance or force majeure occurs after signing the contract that prevents ØBO TOURS from performing its obligations under the contract, ØBO TOURS is not liable where this is due to matters beyond the control of ØBO TOURS, including, but not limited to, force majeure, war, terrorism, pandemic/epidemic, fire, unrest, strikes, lockouts or other serious labour-market related disputes, riot, earthquake, flooding, explosion or other natural phenomena, as well as defective deliveries or delay on the part of suppliers or subcontractors due to circumstances as set out above.
The rights to which ØBO TOURS is entitled and the obligations required of ØBO TOURS affected by impossibility of performance or force majeure are extended by a period corresponding to the period for which the force majeure circumstances have persisted.
12. Applicable law and jurisdiction
The contract between the parties is governed by Danish law, and any disputes arising must be brought before the district court at the legal venue for ØBO TOURS or the Maritime and Commercial Court, at the option of ØBO TOURS.
DK-5658 Ryslinge, Denmark