Terms & Conditions
Travel conditions for tours by Oslo Project GmbH booked under the "ELLA FOGG” brand
Validity of these travel conditions1.1 These travel conditions shall apply to all contracts between the traveller and Oslo Project GmbH, Berlin (hereinafter referred to as "ELLA FOGG" or "we") which are offered under the "ELLA FOGG" brand, e.g. via the www.ellafogg.com website or our travel brochures. Our address is Uhlandstraße 175, 10719 Berlin. Details on ELLA FOGG’s current contact details are available in our legal notice under www.ellafogg.com
1.2 In addition to these travel conditions, Art. 651a ff. of the German Civil Code (BGB) as well as the agreements made in the specific travel contract shall apply.
1.3 With his/her travel booking, the traveller accepts these travel conditions bindingly for him/herself and all other travel participants in whose name s/he is acting vis-à-vis ELLA FOGG when booking the journey.
Contracting partners to the travel contract, contracting partners of provided third-party services, if any2.1 Travel bookers and all other travel participants are referred to as "traveller(s)" in the following. If a travel booker makes a booking not only for him/herself, but also for other travel participants, we assume that s/he is acting on behalf of the other travel participants as far as the booking is concerned, and that s/he is entitled to represent them, unless s/he explicitly states upon booking that s/he is acting exclusively in his/her own name and/or on behalf of certain travel participants, i.e. only s/he and/or those travel participants are meant to become contracting partner/s to the travel contract. Without such a declaration, the travel booker and all other travel participants will equally become contracting partners to the travel contract. The names and dates of birth of all accompanying children must also be indicated upon booking.
2.2 The contracting partner of the traveller is ELLA FOGG as the tour operator, unless one of the exceptions described in items 2.3 and 2.4 is given. As a tour operator, ELLA FOGG provides the travel services offered to the traveller as its own services on its own behalf and is the traveller’s contracting partner with respect to the travel contract. For exceptions, we refer to items 2.3 and 2.4 below.
2.3 In individual cases or upon the traveller’s request, ELLA FOGG also arranges the booking of third-party travel services, such as additional excursions or events which are not part of the services offered by ELLA FOGG itself. In this case, ELLA FOGG acts as a travel agent. ELLA FOGG expressly identifies those arranged third-party services as such in the travel description and the travel confirmation. The third party providing the service is deemed to be the provider and thus contracting partner of the traveller with respect to said third-party performance. Identity and contact details of the third party will be communicated to the traveller upon booking. The content of the third-party contract, which is only arranged by ELLA FOGG, shall be governed by the respective terms and conditions of the third party.
2.4 ELLA FOGG points out that any additional services booked by the traveller on site with a third party without ELLA FOGG’s involvement, which were not part of the travel contract concluded with ELLA FOGG, do not lie within the responsibility of ELLA FOGG. This shall also apply if the traveller books the additional service from a provider that is (also) involved in the fulfilment of the travel contract with ELLA FOGG. Local service providers (transport companies, ship operators, hotels, etc.) commissioned to fulfil ELLA FOGG’s travel contract, are not authorised to agree any additional services on behalf of ELLA FOGG, to make representations, to make changes to the services agreed in the travel contract or to recognise any claims. The traveller may not derive any rights vis-à-vis ELLA FOGG from any statements or actions of these service providers. The legal relationship between the traveller and the third party with regard to such an additional service is governed solely by the third-party contract.
Services of ELLA FOGG, conclusion of travel contract, travel confirmation, travel documents3.1 ELLA FOGG offers travellers the service of putting together an individual journey according to the building block principle on the basis of a range of travel services. This means that the presentation of ELLA FOGG’s service portfolio on www.ellafogg.com and/or in our travel brochures, catalogues or flyers is to be understood as a travel inspiration and is therefore at first only given as an example and is non-binding.
3.2 The travel contract between the traveller/s and ELLA FOGG comes into effect as follows: The traveller contacts us by email, telephone, post, fax, or using the contact form on our website, informing us about the destination and specific travel wishes or important key data about a journey which s/he intends to undertake but has not yet planned in detail. In order to answer the request, we need the traveller’s full name and email address. Based on the information provided by the traveller, we create an individual travel offer from our portfolio and send it to the email address indicated by the traveller. If the traveller is interested in the offer, s/he must pass on to us in the next step his/her complete address data as well as the data of any other travel participant/s and accompanying children, if this has not already been done in the initial request. The offer is then personalised on the basis of the data received and sent again to the traveller. The personalised travel offer constitutes an offer to conclude a travel contract at the conditions and prices indicated in the travel offer. A travel contract with ELLA FOGG is concluded if the traveller accepts this offer with a declaration of acceptance vis-à-vis ELLA FOGG in text form (email, post, fax).
3.3 Immediately after conclusion of a contract, ELLA FOGG sends a travel confirmation to the traveller by email. This email summarises the details of the booked journey again, i.e. of the travel contract. ELLA FOGG strongly recommends that the traveller carefully check the travel confirmation for possible errors and inform us immediately if there are any deviations from the desired booking. In the case of such deviation, the travel confirmation is deemed to be an offer for amending the travel contract to the conditions stated in the travel confirmation. If we do not receive any complaint by the traveller within 10 days after receipt of the travel confirmation, stating that the confirmation deviates from the desired content of the travel contract and that the traveller does not accept this deviation, the changed travel offer as specified in the travel confirmation shall be considered to have been implicitly accepted by the traveller.
The travel contract will then become effective under the changed conditions as indicated in the travel confirmation. We point out this legal consequence again explicitly in the travel confirmation. If the traveller receives the travel confirmation less than 11 days before departure, the following applies: If the traveller starts the journey without having complained vis-à-vis ELLA FOGG about deviations between the travel confirmation and the desired journey, the commencement of the journey is deemed to be an implicit declaration of acceptance of the content of the travel contract as stated in the travel confirmation. The traveller is also expressly informed about this legal consequence in the travel confirmation. For purposes of verification, ELLA FOGG recommends a complaint in text form (email, post, fax).
3.4 Unless otherwise agreed, the travel documents required for the journey will be sent to the traveller by post in good time before departure. If the traveller has not received the travel documents at least 7 days before departure (in the case of short-term bookings up to 2 days prior to departure), we ask for immediate notification.
3.5 Any supplementary agreements made after conclusion of the travel contract shall only be binding if they have been confirmed to the traveller by ELLA FOGG by email, fax or post; merely verbal statements shall not form part of the travel contract. Please note that only ELLA FOGG itself is entitled to conclude supplementary agreements with binding effect on ELLA FOGG.
3.6 ELLA FOGG has concluded an insolvency risk insurance with tourVERS Touristik-Versicherungs-Service GmbH for the purpose of safeguarding customer deposits. The traveller will receive a corresponding travel price guarantee certificate [Reisepreissicherungsschein] according to Art. 651k German Civil Code (BGB) together with the travel confirmation.
3.7 Travel bookings for minors must be made by the legal guardian. Minors may only participate in a journey when they are accompanied by a legal guardian or a supervisor named by that guardian, unless explicitly agreed in writing between ELLA FOGG and the legal guardian in individual cases.
3.8 ELLA FOGG will store the content of the travel contract including the applicable travel conditions. The currently valid travel conditions are also available at www.ellafogg.com
Payment of the travel price, down payment, child discount4.1 Following conclusion of the contract, the traveller will receive from ELLA FOGG an invoice for the travel price together with the travel confirmation. A down payment according to item 4.2 of these travel conditions shall be payable within 14 days after receipt of the invoice, provided that the traveller has also received the travel price guarantee certificate (see item 3.6 of these travel conditions) at the time the invoice was received. If the traveller receives the travel price guarantee certificate only after the invoice, the down payment must be made within 14 days after receipt of the travel price guarantee certificate. The remaining travel price shall be payable 28 days before departure at the latest, provided that the traveller has received the travel documents and the travel price guarantee certificate by this time. If the traveller receives the travel documents and the travel price guarantee certificate only after the above-mentioned due date, the remaining amount shall be due immediately upon receipt of said documents. In the case of short-term travel bookings or short journeys, deviating due dates apply; reference is made to item 4.3 of these travel conditions.
4.2 Subject to the subsequent phrase, the down payment is 20% of the travel price. In individual cases, ELLA FOGG may demand a down payment higher than 20% of the travel price, if we have to pay own expenses as part of the specific travel contract directly after the conclusion of the contract and/or have to pay due and payable claims from service providers to the amount of the increased down payment, and this has been expressly mentioned in the travel description and the travel confirmation, including the amount of the down payment due.
4.3 If the contract is concluded less than 28 days before departure, the full travel price shall be payable immediately upon receipt of the travel price guarantee certificate, insofar as the traveller has received the travel documents by this point in time, otherwise immediately upon receipt of these documents. If the total journey does not last longer than 24 hours, it does not include an overnight stay, and if the travel price does not exceed 75.00 € per traveller, payments on the travel price may be required also without delivery of a guarantee certificate. In this case the full travel price is due within 14 days after receipt of the invoice.
4.4 The following payment options are available: payment by transfer to the bank account indicated in the invoice, payment by credit card, payment by SEPA direct debit, payment by direct transfer. For payment by credit card or direct transfer, we will provide the traveller with a link to the secure online payment page of a corresponding payment provider in the email with which we send the travel confirmation and the invoice, which explains the further steps of the payment process. When paying by SEPA direct debit authorisation, the traveller must provide ELLA FOGG with a SEPA direct debit mandate which allows us to debit the amount due from the traveller’s account. We also attach a SEPA direct debit mandate to the email in which we send the travel confirmation and the invoice to the traveller. If special fees are charged for a certain type of payment, these will be indicated in the confirmation email. The payment options direct transfer and SEPA direct debit authorisation are always free of charge.
4.5 Changes to the payment option are not possible retroactively if a payment has already been made. For payments not yet made, we must be notified in writing (email, post, fax) of any change to the desired payment option 7 days before the due date of the payment in question at the latest, to allow us to stop any preparations for the payment option initially selected in due time.
4.6 The receipt of payment shall be decisive for the punctuality of payments to ELLA FOGG. If the traveller is in default with a down payment and/or the remaining travel price, ELLA FOGG shall be entitled to withdraw from the travel contract after issuing a reminder previously, setting an appropriate deadline, which however does not result in payment. A flat-rate remuneration of € 1.50 will be charged for each reminder; the traveller is free to prove that ELLA FOGG has suffered no or less damage.
In addition, ELLA FOGG reserves the right to assert further claims for damage in line with the statutory provisions.
4.7 If the traveller has issued a SEPA direct debit mandate and this direct debiting fails for reasons attributable to the traveller (e.g. amount not covered by the account, incorrect bank details), the traveller is obliged to pay a flat-rate compensation of € 6.00 to ELLA FOGG in order to compensate for the damage incurred by ELLA FOGG (in particular return debit charges). The traveller is free to prove that ELLA FOGG has suffered no or less damage.
4.8 If the travel description indicates a child discount on the travel price, the child’s age at the time of departure shall be decisive. If incorrect age information is provided, ELLA FOGG is entitled to subsequently charge the difference to the travel price valid for the correct age, plus a processing fee of 50.00 € incl. VAT; in respect of the latter, the traveller is free to prove that ELLA FOGG has suffered no or less damage.
ELLA FOGG points out that, in line with the regulations of the respective airline, children under the age of 2 may have no right to a seat for a flight booking, if such seat has not expressly been booked for the toddler. If the traveller wishes to have an own seat for a toddler under 2 years, please let us know at the time of the travel request.
5. Changes to the travel price5.1 ELLA FOGG reserves the right to increase the travel price after conclusion of contract with the traveller, insofar as the transport costs or duties for certain services, such as port or airport charges increase, or if the exchange rates applicable for the booked journey change after conclusion of the contract. The reservation of a price change is mentioned in the travel confirmation. We will immediately inform the traveller about any changes to the travel price. ELLA FOGG must assert the travel price change on the 21st day before contractual commencement of the journey at the latest; any later statement concerning the increase shall be ineffective. An increase in the travel price is also ineffective, if only four months or less lie between the conclusion of the travel contract and the contractual commencement of the journey.
5.2 Any change to a travel price according to item 5.1 of these travel conditions shall be calculated as follows: If a transport company asserts an increase regarding a specific individual booking, the travel price will be increased by the amount claimed. In the case of an increase in the cost of transport for the entire means of transport, the travel price shall be increased by the amount corresponding to the individual booking on a pro rata basis, taking into account the total number of individual bookings. This calculation method will also be applied calculating the increase in other fees, such as port or airport charges. In the case of a change to the exchange rates, the travel price will increase by the actual additional costs incurred by ELLA FOGG for the specific journey due to that change in the exchange rate. If the additional costs incurred cannot be ascertained individually for a specific traveller in the case of group tours, the additional costs to be paid by the traveller will be calculated on a pro rata basis in line with the number of travellers.
5.3 If the travel price increases by more than 5%, the traveller may withdraw from the travel contract or demand participation in a journey at least equivalent to the original journey, provided that ELLA FOGG is able to offer such a substitute journey from its own portfolio without additional costs for the traveller. The traveller has to assert this right vis-à-vis ELLA FOGG immediately after receipt of the declaration of increase. For purposes of verification we recommend that you send the declaration by email, fax or post.
Withdrawal by the traveller prior to commencement of the journey6.1 The traveller may at any time withdraw from the travel contract without stating reasons until the start of the journey. The declaration of withdrawal must be addressed to ELLA FOGG and sent to us. For verification purposes, ELLA FOGG recommends that you declare withdrawal by letter, fax or email. With the withdrawal, ELLA FOGG loses the right to payment of the travel price, but is entitled to demand a reasonable cancellation penalty from the traveller pursuant to Art. 651i (2) German Civil Code (BGB).
6.2 If the traveller withdraws from the contract, the following flat-rate cancellation fees are agreed, taking into consideration the usually saved expenses and the usual possibility to sell the respective travel service to someone else, provided that ELLA FOGG does not exercise its optional right of precise calculation in accordance with item 6.3 of these travel and conditions:
- until the 42nd day before the start of the journey: 15 %
- 41st to 28th day before the start of the journey: 35 %
- 27th to 21st day before the start of the journey: 40 %
- 20th to 14th day before the start of the journey: 50 %
- 13th to 5th day before the start of the journey: 70 %
- 4th to 2nd day before the start of the journey: 80 %
- until and including the day of departure: 90 %
- if the journey is not commenced and no prior notice of withdrawal is made: 90%, if, in line with the circumstances, the non-commencement of the journey constitutes an implicit withdrawal from the contract. The traveller reserves the right to prove that ELLA FOGG has suffered no or less damage than the flat-rate cancellation fee.
6.4 Flat-rate cancellation fees according to item 6.2 and/or a cancellation penalty according to item 6.3 of these travel conditions are due and payable within 10 days after the traveller has received the corresponding invoice. The receipt of payment by ELLA FOGG shall be decisive for the punctuality of the payment. Any and all payments already made on the travel price at the time of cancellation will be charged against the cancellation fee and/or the cancellation penalty. If the traveller is in default with the payment, a flat-rate compensation for expenses of € 1.50 will be charged for each reminder. The traveller is free to prove that ELLA FOGG has suffered no or less damage.
6.5 ELLA FOGG shall have no right to a cancellation fee or a cancellation penalty if the traveller withdraws from the journey due to ELLA FOGG’s fault, or if a case of Force Majeure is given. In the latter case, Art. 651j German Civil Code (BGB) applies.
6.6 If the traveller does not use any contractually agreed travel services, which are duly offered to him/her during the journey for reasons attributable to the traveller or without any reason, the traveller shall have no right to a pro rata refund of the travel price.
Rebooking, change of traveller7.1 If the traveller wishes to carry out changes after conclusion of the contract (e.g. changes to the route, travel extensions, booking of additional services, etc.) we will make our best efforts to fulfil the traveller’s wishes within the limits and available possibilities. This applies to wishes expressed before commencement of the journey and to rebooking at a time when the traveller is already at his/her destination.
7.2 If the value of the changed travel performance exceeds the value of the originally agreed travel performance, ELLA FOGG may make the rebooking dependent on the agreement of a reasonable increase in the travel price. Furthermore, the traveller is obliged to bear any and all costs actually incurred by ELLA FOGG as a result of the rebooking (e.g. cancellation or rebooking fees of individual service providers). ELLA FOGG will inform the traveller of the increase in the travel price and the expected costs prior to rebooking. In addition, ELLA FOGG charges a flat-rate processing fee of € 50.00 including VAT per booking request for each traveller involved in the change as a compensation for the expenses incurred by ELLA FOGG as a consequence of the rebooking (e.g. informing individual service providers, change of travel documents).The traveller is free to prove that ELLA FOGG has suffered no or less damage.
7.3 Please note the validity period of required visas and travel insurance policies in the case of a travel extension, as well as any other legal requirements associated with a change to the travel period.
7.4 Until commencement of the journey, the traveller may name a substitute traveller who is to join the travel contract in his/her place. ELLA FOGG shall be entitled to object to the designated traveller joining the contract, if that traveller does not meet the travel requirements (e.g. due to age) or if s/he is excluded due to legal regulations or official orders. If a substitute traveller joins the contract, both the substitute traveller and the original traveller shall be liable for the travel price and any additional costs arising as a result of the joining, as joint and several debtors (e.g. rebooking fees of the airline). ELLA FOGG will charge a flat-rate processing fee of € 20.00 including VAT for additional expenses resulting for ELLA FOGG from the change of traveller (e.g. informing individual service providers, change of travel documents). Both the original traveller and the substitute traveller shall be liable as joint and several debtors also to this end. The traveller is free to prove that ELLA FOGG has suffered no or less damage.
Change to travel services by ELLA FOGG, cancellation of a journey because the agreed minimum number of participants is not reached8.1 ELLA FOGG is entitled to retroactively change individual travel services if the change is reasonable for the traveller, taking into account ELLA FOGG’s interest. This is the case if a change to an insignificant travel service becomes necessary after conclusion of contract, for example, provided that this was not contravened by ELLA FOGG, the entire character of the journey was not affected and the price-performance ratio was not changed to the detriment of the traveller in a manner more than negligible. A travel service which has been admissibly modified as defined above shall replace the original contractually agreed service.
8.2 In the case of a substantial change to an essential travel service, the traveller may withdraw from the travel contract or demand participation in a journey at least equivalent to the original journey, provided that ELLA FOGG is able to offer such a substitute journey from its own portfolio without additional costs for the traveller. In the case of withdrawal, ELLA FOGG will promptly refund to the traveller any payments already made on the travel price.
8.3 If a minimum number of participants is expressly stated in the travel description and travel confirmation for a specific journey, ELLA FOGG is entitled to cancel the journey, if this minimum number of participants is not achieved until 7 weeks before commencement of the journey. The traveller will be informed immediately about the cancellation of the journey, as soon as it is clear that the minimum number of participants will not be reached. The traveller must receive the cancellation notice no later than 7 weeks before commencement of the journey by post, by fax or by email to the number/address indicated by the traveller to ELLA FOGG. Any later travel cancellation shall be ineffective. Any payments on the travel price made by the traveller at the time of travel cancellation shall be refunded by ELLA FOGG immediately.
8.4 In the case of travel cancellation by ELLA FOGG, because the minimum number of participants agreed has not been reached, the traveller may demand participation in a journey at least equivalent to the original journey, provided that ELLA FOGG is able to offer such a substitute journey from its own portfolio without additional costs for the traveller. If ELLA FOGG offers the traveller an equivalent substitute journey, the traveller accepts a travel contract with modified content by accepting this offer. Any payments already made on the original travel contract will be deducted from the travel price of the substitute journey.
8.5 ELLA FOGG shall immediately inform the traveller about any change to the service, or a travel cancellation. The traveller must assert his/her right of withdrawal or his/her right to demand a substitute journey vis-à-vis ELLA FOGG immediately after receipt of the declaration of change or the cancellation. For the purpose of verification, ELLA FOGG recommends that the declaration be sent by email, fax or post.
Travel documents, entry regulations, health regulations, customs, travel warnings9.1 ELLA FOGG is obliged to inform travellers from member states where the journey is offered for booking about any passport and visa requirements and the deadlines for obtaining these documents. ELLA FOGG offers its journeys on the German-speaking market. Travellers of a nationality other than German or Austrian, as well as travellers with dual nationality, are kindly asked to contact the relevant diplomatic representation (embassy, consulate) about the valid passport and visa requirements before concluding the travel contract.
9.2 ELLA FOGG will provide information about health-policy formalities required for entry or stay in the country of destination (such as prescribed vaccinations). For further information on recommended vaccinations, please contact the Federal Foreign Office, a doctor or the Institute for Travel Medicine.
9.3 Travellers are responsible for the timely procurement of the required identity cards, visas or other travel documents, unless in the individual case ELLA FOGG has undertaken in the travel contract to provide these documents to the traveller.
9.4 Please ensure that all necessary identity documents (identity card, passport, or similar) have a sufficient validity period for the journey and that all accompanying children have their own identity card. A "children's passport" is not automatically equated with a "passport" and is not accepted by some states as an identity document. Similarly, restrictions or special visa requirements may apply in the case of passports which do not correspond to the most recent format.
9.5 ELLA FOGG strongly recommends all travellers to carefully check their travel documents for completeness, as well as to check whether all personal data are correctly indicated in all documents. In the case of deviations in the spelling of personal data, address errors, errors in the date of birth or other errors in documents which may be relevant for entry into or a stay in the country of destination, please contact the respective issuer of the document immediately so that these errors can be corrected in due time before departure. If the documents were issued or procured by ELLA FOGG, we ask the traveller to inform us immediately about such errors. We would like to point out that even the slightest deviation in the required travel documents can hinder entry into the country of destination or onward travelling.
9.6 The traveller is responsible for compliance with any health-police formalities, for carrying all required documents and papers as well as for compliance with customs and foreign currency regulations.
9.7 Advice for travellers and/or travel warnings from the Federal Foreign Office for the respective country of destination can be obtained on the Internet at www.auswaertiges-amt.de or under the telephone number 030 / 5000-2000.
Termination of the travel contract by ELLA FOGG for breach of the travel contract10.1 ELLA FOGG is entitled to an extraordinary (without notice) termination of the travel contract, if the execution of the journey continues to be lastingly disturbed despite a corresponding written warning, requesting the traveller to refrain from the conduct complained about. The same applies if a traveller continues to violate the contract to such an extent that a continuation of the journey is no longer reasonable for ELLA FOGG and/or the travel group travelling together with the traveller, despite such written warning.
10.2 In the event of termination pursuant to the above paragraph, ELLA FOGG reserves its entitlement to the agreed travel price, however offsetting the value of saved expenses, refunds from service providers, if any, and any benefits resulting from any other use of the services no longer made use of by the traveller. Any additional costs of premature return shall be borne by the traveller.
Termination of the travel contract due to Force Majeure11.1 If the execution of a journey is considerably more difficult, endangered or impaired due to reasons of Force Majeure unforeseeable upon conclusion of the contract, both ELLA FOGG and the traveller may terminate the contract pursuant to Art. 651j German Civil Code (BGB).
11.2 In the event of a termination pursuant to the above paragraph, ELLA FOGG shall lose its entitlement to the agreed travel price. We may, however, demand compensation in accordance with Art. 638 (3) German Civil Code (BGB) for the services already rendered or to be rendered for completion of the journey. ELLA FOGG will take the measures necessary due to the contract cancellation and, in particular, organise the return transport if this is included in the travel contract. The additional costs for the return transport must be borne by ELLA FOGG and the traveller in equal parts. Other additional costs shall be borne by the traveller.
Providing information about the operating airline, approach to delays or damage of luggage12.1 ELLA FOGG shall inform the traveller about the identity of the operating airline. If the airline’s identity is not yet known when the journey is booked, we initially name the air carrier that is expected to act as the operating airline. The traveller will be informed once the identity of the operating airline is known. Likewise, ELLA FOGG shall inform the traveller immediately about any change to the operating airline. A list of airlines prohibited to operate within the European Community for safety reasons ("blacklist") is available at http://ec.europa.eu/transport/modes/air/safety/airban/index_en.htm.
12.2 According to Art. 31 of the Montreal Convention, the air freight carrier must be notified of a luggage or cargo goods delay in writing within 21 days after the luggage or cargo goods have been handed over to the traveller. The air freight carrier must be notified in writing of any damage to luggage immediately after discovery of the damage, with respect to checked luggage within 7 days at the latest, and with respect to cargo 14 days after receipt thereof at the latest. The deadlines are met if the respective declaration is handed over or sent within this deadline. If the deadline for notification is not complied with, all claims of the traveller with respect to the delay or damage of luggage shall be excluded, unless the air freight carrier has acted fraudulently. ELLA FOGG recommends that damaged luggage or damaged goods be refused unconditionally, and that the air freight carrier be informed immediately about the damage, as it is otherwise presumed that the luggage was received in an undamaged state.
Warranty for defects, procedures in the case of travel defects, obligations of the traveller13.1 The traveller shall be obliged to immediately notify ELLA FOGG or the tour guide on site acting on behalf of ELLA FOGG of any travel defects. The contact details of the contact persons responsible will be communicated to the traveller in the travel documents. A notification of the defect to a local service provider only (e.g. cruise operator, hotel) or to the board reception of a cruise ship does not substitute notifying ELLA FOGG itself or the local tour guide of ELLA FOGG of the defect. In the case of network or communication difficulties, we advise you to ask the reception of the hotel or ship, to call ELLA FOGG or the local tour guide over the reception telephone and to be connected with ELLA FOGG or the local tour guide.
13.2 In the event of a travel defect, the traveller may request relief from ELLA FOGG. If ELLA FOGG fails to provide relief within a reasonable period of time set by the traveller, the traveller has the right to provide for relief himself/herself and demand compensation for the necessary expenses. The setting of a deadline is not required if ELLA FOGG refused the relief or if the immediate relief is appropriate due to a special interest of the traveller. ELLA FOGG shall be entitled to refuse to provide relief if the relief requires disproportionate effort or expenditure.
13.3 If a journey is defective due to a travel defect, the traveller shall have the right to adequately reduce the travel price for the duration of the defect. No reduction will be given if the traveller culpably fails to provide notification of the defect. The traveller may also demand damages or compensation for wasted holiday time in line with the provisions of Art. 651f German Civil Code (BGB).
13.4 In the case of a considerable impairment of the journey due to a travel defect, the traveller has the right to terminate the travel contract. The same shall apply if the traveller cannot be expected to participate in the journey because of the travel defect for important reasons that are recognisable for ELLA FOGG. Termination is, however, only permitted if ELLA FOGG has failed to provide any relief within a reasonable period of time set by the traveller. A period of time need not be specified if relief is impossible, if the relief is refused by ELLA FOGG or if a special interest of the traveller justifies an immediate termination. In case of termination, ELLA FOGG loses the entitlement to the agreed travel price; a compensation, calculated according to Art. 638 (3) German Civil Code (BGB), may however be required for travel services already rendered or to be rendered for completion of the journey. The latter shall not apply insofar as these services are no longer of interest to the traveller because of the termination of the contract. ELLA FOGG will take all measures which are necessary due to the termination of the contract, including to return the traveller, provided that such return is included in the travel contract. Additional costs will be borne by ELLA FOGG.
13.5 Both the traveller and ELLA FOGG may terminate the travel contract if the journey becomes considerably more difficult, endangered or impaired due to reasons of Force Majeure unforeseeable upon conclusion of the contract. In case of termination due to Force Majeure, ELLA FOGG shall lose its entitlement to the agreed travel price; however, a compensation to be calculated according to Art 638 (3) German Civil Code (BGB) may be requested for travel services already rendered or still to be rendered in order to complete the journey. The latter shall not apply insofar as these services are no longer of interest to the traveller because of the termination of the contract. Additional costs of the return transport will be borne in equal shares by ELLA FOGG and the traveller, the remaining additional costs shall be borne by the traveller.
13.6 Warranty claims pursuant to Art. 651c to 651f German Civil Code (BGB) [Reisemängelansprüche - travel defect claims] must be asserted by the traveller vis-à-vis ELLA FOGG (Oslo Project GmbH, Uhlandstraße 175, 10719 Berlin) as tour operator within one month of the contractually scheduled completion of the journey. ELLA FOGG’s current contact details are also stated in the travel confirmation. After expiry of the one-month period, any warranty claims shall be excluded, unless the traveller has been prevented from meeting the deadline without fault. In the latter case, the claims are to be asserted vis-à-vis ELLA FOGG immediately after removal of the impediment. The assertion of the claims for travel defects is not bound to a specific form. However, we recommend that claims be asserted in writing or by email for verification purposes. The period of one month can only be guaranteed if the claim has been asserted vis-à-vis ELLA FOGG itself; notification of claims for travel defects to a third party or a service provider is not sufficient.
13.7 Please note that shorter periods for the notification of damages due to loss of luggage or luggage delays may apply for air travel. Reference is made to this fact under item 12.2 of these travel conditions.
13.8 As part of the duty to mitigate damages, the traveller is required to avoid the occurrence of a damage as far as possible and to minimise losses incurred. The traveller must therefore inform ELLA FOGG immediately about the foreseeable risk of occurrence of a serious damage, which is recognisably not known to ELLA FOGG, as far as this is possible and reasonable to the traveller.
Other liability regulations14.1 The liability of ELLA FOGG towards the traveller for damages that are not damage to body, life or health, is limited to three times the agreed travel price if the damage was not caused deliberately or through gross negligence, or if ELLA FOGG is responsible for a damage incurred to the traveller solely because of a fault by a service provider. Any further claim for damages of the traveller against third parties shall remain unaffected.
14.2 As a tour operator ELLA FOGG is only liable for performing the services in line with the provisions agreed in the travel contract, but not for service disruptions in connection with services provided by third parties, which are arranged as external third-party services by ELLA FOGG, or which the traveller has booked with third parties without any involvement of ELLA FOGG (see item 2.3 and 2.4 of these travel conditions). Claims from these service disruptions must be addressed directly to the relevant third party; ELLA FOGG is insofar only liable for its own agency service.
14.3 If travel services to be provided by certain service providers are subject to international agreements or statutory provisions, according to which a claim for damages only arises or may be asserted under certain conditions or restrictions, ELLA FOGG can invoke these provisions vis-à-vis the traveller. This applies, for example, if the assertion of a claim for damages under these regulations is subject to a fixed period of time (e.g. see item 12.2 of these travel conditions).
14.4 ELLA FOGG is not liable for any disadvantages incurred by the traveller in that the traveller does not meet the applicable requirements for entry and/or health regulations and/or does not carry the required travel documents, provided that ELLA FOGG has informed the traveller as part of its legal obligations as tour operator about the corresponding requirements, and has provided to the traveller the necessary documents, if this has been agreed in the travel contract. If the responsible diplomatic representation fails to issue in time travel documents applied by ELLA FOGG for the traveller, ELLA FOGG shall not be liable unless ELLA FOGG is responsible for the delay in line with the provisions of item 14.1 of these travel conditions.
14.5 ELLA FOGG is not liable for damages due to circumstances that are beyond the control of ELLA FOGG and are therefore not attributable to ELLA FOGG, such as war, strikes, natural disasters or unforeseen disturbances of public utilities. For damages resulting from any accidents during travel (e.g. accident or robbery) ELLA FOGG is liable only in accordance with items 14.1 to 14.4 of these travel conditions.
14.6 Insofar as ELLA FOGG links its own website with third-party websites, no illegal content on the external sites was apparent upon linking. ELLA FOGG shall not be obliged to constantly monitor these external websites. If ELLA FOGG becomes aware of any illegal content on a linked website or of facts from which the illegal activity is apparent, ELLA FOGG will remove this link immediately. Furthermore, no liability is assumed for external contents.
Travel insurances15.1 The travel contract with ELLA FOGG does not include personal insurance for the benefit of the traveller. Cost of such insurance is not included in the travel price. If desired, ELLA FOGG can mediate insurance services of the corresponding insurance providers; the cost of the insurance companies must then be paid in addition to the travel price.
15.2 ELLA FOGG recommends adequate insurance coverage (such as international health, liability, accident insurance), covering the insurance claims in the destination country. ELLA FOGG recommends, in particular, that travel cancellation insurance and travel interruption insurance be concluded, as well as insurance to cover the cost of repatriation in case of accident or illness. Such insurances are provided e.g. by HanseMerkur Reiseversicherung AG, Siegfried Wedells-Platz 1, 20354 Hamburg.
Limitation period, offsetting, assignment16.1 The limitation period for claims for travel defects by the traveller according to Art. 651c to 651f German Civil Code (BGB) is one year; the period begins with the end of the day on which the journey was scheduled to end in accordance with the travel contract.
16.2 Claims for damages by travellers from injury to life, body or health which are based on an intentional or negligent breach by ELLA FOGG or by their legal representatives or agents, as well as other compensation claims by the traveller which arise from an intentional or grossly negligent violation of a duty by ELLA FOGG or its legal representatives or agents, expire in accordance with the relevant legal statute of limitations.
16.3 Claims other than those mentioned under items 16.1 and 16.2 of these travel conditions shall become time-barred within one year from the commencement of the relevant statutory limitation period.
16.4 Offsetting by the traveller against claims of ELLA FOGG is permissible only with undisputed or legally established claims.
16.5 The assignment of claims to third parties by the traveller against ELLA FOGG shall not be permissible. The assignment prohibition does not apply to the assignment of a claim from a particular travel booking to other travel participants in the same travel booking.
Online Dispute Resolution, final provisions17.1 In accordance with the Regulation (EU) No. 524/2013, the European Commission provides as a central contact for the extra-judicial settlement of disputes between businesses and consumers in online transactions, a platform for online dispute resolution (ODR platform). This is available at http://ec.europa.eu/consumers./odr/.
ELLA FOGG itself can be contacted by email at email@example.com
17.2 The law of the Federal Republic of Germany shall be applicable for the contractual relationship between ELLA FOGG and the traveller. For consumers this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
17.3 If the traveller has no general jurisdiction in Germany or if s/he/it is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship with ELLA FOGG shall be Berlin.
17.4 If any provision of these travel conditions is or becomes ineffective in whole or in part, this shall not affect the validity of the remaining provisions or the travel contract itself. The ineffective provision shall be replaced by the relevant statutory provision.
17.5 If neither the specific travel contract nor the present travel conditions provide for special regulations with respect to particular circumstances, the relevant statutory provisions shall apply to each case.
Travel regulations in the version dated 16 November 2016