DISTANCE SERVICE, RESERVATION AND INTERMEDIATION AGREEMENT

Last updated: 22.09.2026

1. Parties and provider information

1.1. OtelX

Registered company name: Otovia GmbH

Trading name: OtelX

Registered office: Holzener Str. 83, 58708 Menden, Germany

Managing Director (Geschäftsführer) authorized to represent the company: XXXXXX

Telephone: +49 163 0198812

Email:[email protected]

Reservation email:[email protected]

Website:https://www.otelx.de

Commercial Register: Amtsgericht XXXXXX, HRB XXXXXX

1.2. Customer / Passenger

The person who enters their name, surname, contact details, and any other required information during the reservation process is referred to as the “Customer.” The Customer declares that they are authorized to act on behalf of the other passengers included in the reservation and that they will inform them of this Agreement and the reservation conditions. Each person who uses the travel service is referred to as a “Passenger.”

OtelX and the Customer are each referred to individually as a “Party” and collectively as the “Parties.”

2. Subject matter and scope of the Agreement

This Agreement governs the rights and obligations relating to the search, reservation, payment, and intermediation of hotel, flight, transfer, car rental, package tour, excursion, activity, and similar third-party travel services offered through www.otelx.de, email, telephone, or other means of distance communication.

The scope of the reservation is limited to the service, date, duration, number of persons, price, service provider, cancellation/change conditions, and included services shown in the reservation summary and confirmation. Advertisements, images, and general promotional materials do not, by themselves, constitute a binding commitment to provide a specific service.

3. OtelX’s legal role

3.1. Intermediation of travel services

OtelX is not a tour operator (Reiseveranstalter). OtelX acts as an intermediary in the formation of a travel service contract between the Customer and the hotel, airline, tour operator, transfer company, car rental company, or other service provider identified on the reservation page and in the reservation confirmation.

The contract for the underlying travel service is formed directly between the Customer and the relevant service provider or tour operator. The conditions of the relevant service provider or tour operator presented to the Customer before the reservation apply with respect to the scope, performance, cancellation, modification, defects, and liability of the provider. The provider’s identity and contact details, the essential characteristics of the service, the total price, and reservation-specific conditions are shown in the reservation form and confirmation.

OtelX is responsible for performing its own intermediation services with due care, accurately transmitting reservation information, and any loss caused by its own fault. OtelX’s status as an intermediary does not exclude any liability arising under mandatory statutory provisions.

3.2. Linked travel arrangements

Where a transaction in which the Customer is assisted in concluding separate contracts with separate service providers constitutes a “linked travel arrangement” within the meaning of § 651w BGB, OtelX acts as a facilitator of linked travel arrangements. This does not make OtelX a tour operator, and each service provider is responsible solely for the proper contractual performance of its own service.

Where a linked travel arrangement is created, the Customer will be provided with the applicable statutory standard information form before the contract is concluded. Where OtelX is legally required to provide insolvency protection, the necessary security information and certificate will be provided to the Customer before any payment is accepted.

4. Formation of the Agreement

Unless expressly stated otherwise, the services displayed on the website constitute non-binding invitations to make a reservation. After reviewing the reservation information, the Customer submits a binding reservation request by clicking a button clearly indicating that the transaction entails an obligation to pay.

The contract is formed when OtelX or the relevant service provider definitively confirms the reservation on a durable medium, such as by email. An automated notification stating that “your request has been received” does not, by itself, constitute acceptance. Where it is stated that the reservation is subject to availability or provider approval, the contract is formed only upon definitive confirmation.

Before making a reservation, the Customer may save this Agreement, the provider’s specific conditions, and the price and cancellation information. Confirmation of the contract will be sent within a reasonable period and before the service begins, by email or another durable medium.

5. Customer’s duty to provide and verify information

The Customer must provide all information—including name, surname, date of birth, nationality, passport or identity document details, and contact information—completely, accurately, and exactly as it appears in official documents. After receiving the confirmation document, the Customer must promptly check the names, dates, itinerary, scope of services, and price and immediately notify OtelX of any error or discrepancy.

Subject to mandatory statutory provisions, the Customer is responsible for name-correction, ticket-reissue, cancellation, delay, or additional-service charges arising from incorrect or incomplete information supplied by the Customer.

6. Price, taxes, and additional charges

Immediately before the reservation is completed, the total price payable will be displayed, including taxes and all mandatory charges that can be calculated in advance. The nature of any local tax, city tax, resort fee, visa fee, baggage fee, seat-selection fee, insurance premium, or similar item that cannot reasonably be calculated in advance will be disclosed separately.

Optional additional services will incur a charge only if expressly selected by the Customer. For services priced in a foreign currency, the applicable currency, exchange-rate method, and any conversion charge will be shown before payment. In the case of package travel, any post-contract price change may be made only under the conditions and according to the procedure permitted by law.

7. Payment

Accepted payment methods and due dates are shown on the reservation page. Payment may be made through PayPal, Stripe, or another payment service. For certain transactions, the relevant payment service provider may be an independent contracting party of the Customer.

The Customer must pay the agreed amount on time. If payment is not made on time, OtelX or the service provider may cancel the reservation after allowing the Customer a reasonable additional period for payment; this does not apply where allowing an additional period would serve no purpose because of the proximity of the travel date or fixed reservation deadlines.

Where OtelX accepts payment from the Customer in connection with linked travel arrangements and is required under § 651w BGB to provide insolvency protection, the necessary security information and certificate will be sent to the Customer before payment is accepted.

8. Travel documents and delivery

The reservation confirmation, ticket, voucher, security certificate, and other travel documents may be delivered to the email address provided by the Customer or made available through the Customer’s reservation account. The Customer is responsible for checking the relevant communication channel and spam folder.

If the documents do not arrive by the stated time or contain an error, the Customer must promptly contact [email protected].

9. Information on the right of withdrawal

9.1. Travel services for specified dates and package travel

Under § 312g(2) no. 9 BGB, there is no general 14-day right of withdrawal for passenger transport, accommodation (other than for residential purposes), car rental, catering, and leisure or recreational activity services where the contract provides for a specific date or period of performance.

Where OtelX acts as an intermediary for a package travel contract offered by a tour operator, withdrawal from the package travel contract, cancellation compensation, and refund conditions are governed by § 651h BGB and the conditions of the relevant tour operator presented before the reservation.

Accordingly, the reservation may become binding upon definitive confirmation and will be subject to the cancellation and modification provisions of the relevant service provider or tour operator.

9.2. Other services for which a right of withdrawal exists

If the reservation includes a separate service that does not fall within the exceptions above and for which a statutory right of withdrawal exists, the Customer will be separately provided, before the contract is concluded, with information on the withdrawal period, the method of exercising the right, and a model withdrawal form. Performance of the service before the withdrawal period expires is subject to the Customer’s express request; the consequences of the expiry of the right or the obligation to pay a proportionate amount will also be explained separately.

10. Cancellation, termination, and changes by the Customer

The Customer should submit any cancellation or change request in writing to [email protected], quoting the reservation number where possible. The date on which the notice is received by OtelX is decisive. The Customer retains the right to notify the relevant provider directly.

The conditions governing cancellation, changes, name corrections, unused services, and refunds are determined by the fare rules and conditions of the relevant service provider or tour operator presented to the Customer before the reservation. For non-refundable fares, the full service price may be charged. OtelX may charge only an intermediation or processing fee that was expressly agreed before the reservation.

Where OtelX has acted as an intermediary for package travel, the Customer may also submit to OtelX a notice of withdrawal under § 651h BGB. Statutory provisions and the conditions of the relevant tour operator presented before the reservation apply to cancellation compensation, withdrawal without charge, and refunds. OtelX will promptly forward the cancellation or change request to the relevant tour operator or service provider.

Change requests are subject to availability and the provider’s conditions. If a change results in a new price, the Customer’s approval will be obtained.

11. Changes and cancellation by the service provider

Changes and cancellations made by the relevant service provider or tour operator are governed by statutory provisions and the provider’s conditions presented before the reservation. In the event of a significant change or a price increase provided for by law, the Customer will, to the extent applicable, be informed of the options to accept the change, accept a substitute service, or withdraw from the contract without charge, together with the time limit for responding.

If a service is unavailable, is cancelled by the provider, or is affected by unavoidable and extraordinary circumstances, OtelX will promptly communicate the information it receives to the Customer and facilitate the implementation of the options offered by the provider. Where the refund obligation rests with the relevant service provider or tour operator, OtelX will, subject to mandatory statutory provisions, handle the refund process for amounts that it has collected and not yet transferred to the provider.

12. Passport, visa, health, and entry requirements

The Customer and the Passengers are responsible for timely compliance with all requirements concerning valid passports/identity documents, visas, transit visas, residence permits, vaccination and health documents, and entry into and exit from the relevant country. General passport, visa, and health information supplied to OtelX by the relevant tour operator or service provider will be communicated to the Customer during the reservation process.

Because individual circumstances, nationalities, and transit routes may lead to different requirements, Passengers must check current information issued by the competent consulates and official authorities. If a Passenger is unable to use a service because the necessary requirements have not been met, the cancellation conditions will apply, subject to mandatory statutory provisions.

13. Defects, disruptions, and requests for assistance

The Customer must promptly notify both the relevant service provider and OtelX of any defect or disruption in the travel service so that an opportunity is provided to remedy it. In emergencies, the local contact channels stated in the reservation confirmation should be used.

Claims relating to defects or disruptions in the underlying travel service must be directed to the relevant service provider or tour operator. OtelX will promptly forward any notice it receives to the relevant company and support the Customer within the scope of its intermediation obligations. The Customer’s rights under mandatory statutory provisions remain unaffected.

14. Liability

OtelX is liable in accordance with the law for intent and gross negligence; injury to life, body, or health; breach of essential contractual obligations; product liability; and liability arising under mandatory travel and consumer-protection law.

In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the typical loss foreseeable when the contract was concluded. Any other liability for slight negligence is excluded to the extent permitted by law.

Where OtelX is expressly identified as acting solely as an intermediary, claims arising from performance by the underlying service provider must primarily be directed to the relevant provider. OtelX nevertheless remains liable for its own errors in intermediation and for mandatory obligations imposed upon it.

Any limitations of liability applicable to a carrier or service provider under international conventions or special legislation remain unaffected. This clause does not restrict any rights of the Customer that cannot legally be excluded.

15. Travel insurance

Unless expressly included in the reservation price, risks relating to cancellation, curtailment, medical expenses, accident, baggage, and repatriation are not insured. OtelX recommends obtaining appropriate travel insurance. If insurance is offered, the insurer, coverage, exclusions, premium, and contractual conditions will be shown separately before the reservation.

16. Personal data

Personal data is processed in accordance with applicable data-protection legislation for the purposes of forming and performing the reservation, processing payment, providing customer support, complying with legal obligations, and ensuring security. Data required for the reservation may be transferred to hotels, airlines, tour operators, transfer companies, payment service providers, and technical service providers; where necessary, data may be transferred outside the European Economic Area.

Further details are provided in the current Privacy Policy at www.otelx.de. Data-protection requests may be submitted to [email protected].

17. Consumer dispute resolution

OtelX is willing to participate in a dispute-resolution procedure with a consumer before the following consumer arbitration body:

Universalschlichtungsstelle des Bundes

Organization: Zentrum für Schlichtung e.V.

Address: Straßburger Straße 8, 77694 Kehl am Rhein, Germany

Website:https://www.universalschlichtungsstelle.de

Before applying for arbitration, the consumer must have attempted to resolve the dispute directly with OtelX. The Parties’ right to bring proceedings before the courts remains unaffected.

18. Governing law and jurisdiction

This Agreement is governed by the law of the Federal Republic of Germany, subject to the rules of private international law. If the Customer is a consumer, this choice of law does not deprive the Customer of the benefit of mandatory consumer protection under the law of the country in which the Customer has their habitual residence, where such protection cannot be excluded by agreement.

For consumers, the competent court is determined by law. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the competent courts in Menden are agreed to have jurisdiction to the extent permitted by law.

19. Contract language and retention

The language in which the contract text is sent to the Customer in connection with the reservation is the contract language for that reservation.

OtelX may retain the contract text for the statutory retention period. The reservation confirmation and the applicable contractual conditions will be provided to the Customer on a durable medium.

20. Final provisions

If any provision of this Agreement is wholly or partially invalid, the validity of the remaining provisions will not be affected. The statutory provision will apply in place of the invalid provision. This clause does not alter the burden of proof to the detriment of the consumer and does not automatically replace an invalid standard term with an economically similar provision.

If there is a conflict between reservation-specific information and this general Agreement, the reservation-specific conditions clearly disclosed before the reservation will prevail, subject to mandatory statutory provisions.