General Terms and Conditions of Ovairo UG (haftungsbeschränkt)

Courtesy translation. Only the German version is legally binding.

Deutsche Fassung (maßgeblich)

(1) These General Terms and Conditions ("Terms") govern use of the website, the web application and the mobile applications, and all contracts concluded through this platform between the user and

Ovairo UG (haftungsbeschränkt) Franz-Joseph-Straße 11, 80801 Munich, Germany represented by its managing director Amr Hassan Local Court (Amtsgericht) of Munich, HRB 315967 Telephone: +49 1575 1665994 · Email: [email protected]

("Ovairo").

(2) "User" means anyone who uses the platform. "Consumer" means a user within the meaning of § 13 German Civil Code (BGB). "Traveller" means the person for whom a travel service is booked.

(3) "Supplier" means the airline, accommodation establishment or other provider that performs the travel service. "Wholesale supplier" means a wholesaler from which Ovairo sources travel services.

(4) Deviating terms of the user apply only if Ovairo expressly agrees to them in text form.

(1) Ovairo provides a digital travel assistant with which users can plan trips and book travel services. For flights Ovairo acts as intermediary (paragraph 3); for accommodation it acts as contracting party (paragraph 4).

(2) Ovairo does not offer package travel.

(3) Flights. For flights, Ovairo acts as a travel agent. The contract of carriage is concluded exclusively between the traveller and the airline named as contracting party in the booking process and in the booking confirmation. Where a flight is operated wholly or partly by another airline, that operating carrier is notified to the user separately at booking. The fare is collected by the payee named in the booking process; Ovairo is not the payee. The contracting airline's conditions of carriage and fare rules apply.

(4) Accommodation. For accommodation services, the user's contracting party is Ovairo. Ovairo sources the accommodation from a wholesale supplier and provides it to the user in its own name. Neither the accommodation establishment nor the wholesale supplier becomes a party to the user's contract. Ovairo collects the price of the accommodation service in its own name and makes refunds under § 8a. § 8a applies in addition.

(5) Statement in the booking process. Before the booking declaration and in the booking confirmation, the contracting party and the payee are stated by their full registered name; for accommodation, that is Ovairo. For accommodation, the establishment where the service is provided is also named, with its address.

(6) Separate contracts. Flights and accommodation are each selected in a separate booking process, booked at a separate price and paid for separately. Each booked service rests on its own contract with the contracting party named under paragraph 5.

(7) Linked travel arrangements. Where the traveller books services of different types for the same trip through the platform, this may constitute the facilitation of a linked travel arrangement within the meaning of § 651w BGB. In that case Ovairo informs the traveller, before the traveller submits the booking declaration, by means of the statutory standard information form. The traveller may then assert the rights that the law grants for package travel only to the extent that § 651w(4) BGB so provides; the traveller's statutory rights in respect of linked travel arrangements remain unaffected.

(8) Travel assistant. The travel assistant is an AI system. Its responses, in particular travel suggestions, prices quoted in conversation and information on entry, visas, health, weather or safety, are non-binding suggestions and may be incomplete, out of date or incorrect. Only the information shown in the booking process and in the booking confirmation is binding.

(9) Before the booking declaration is submitted, Ovairo owes no particular availability or price of third-party travel services.

(1) Certain functions require a user account. There is no entitlement to have an account set up.

(2) The platform is directed at persons of full age.

(3) The user must provide truthful and complete information. Traveller names must match the identity document used for travel. Costs caused by incorrect information, in particular airline name-correction fees, are borne by the user to the extent the user is responsible for the error.

(4) Access credentials must be kept confidential. Suspected misuse must be reported to Ovairo without delay.

(5) The user may delete the account at any time in the account settings. Existing bookings are unaffected.

(1) The presentation of travel services on the platform is not a binding offer.

(2) Process. The user selects a travel service and enters the traveller details. The final page shows the essential characteristics of the service, the total price, the contracting party and the traveller details. Until submission, the user can check and correct any entry at any time using the back function and the input fields.

(3) Booking declaration. By clicking the button "zahlungspflichtig buchen" (book with obligation to pay), the user makes a binding offer to conclude the contract for the selected travel service with the contracting party named under § 2(5). For brokered services, the user at the same time instructs Ovairo to broker the booking. The contract is concluded when the booking is confirmed. Ovairo acknowledges receipt of the booking electronically without delay.

(4) Conditions. Before the booking declaration, the user is given access to these Terms and to the supplier conditions applicable to the selected service, in particular on rebooking, cancellation, refunds and baggage. The user expressly confirms that they apply; without that confirmation the booking cannot be completed. Ovairo stores the confirmation, its time and the version of these Terms on which it is based.

(5) Failure of the contract. If the contract is not concluded, for example because the service is no longer available, Ovairo informs the user without delay. Amounts already charged are refunded without delay and at the latest within 14 days; a mere card authorisation is released without delay.

(6) Contract language and storage. The contract languages are German and English; in the event of discrepancies the German version prevails. Promptly after conclusion of the contract, Ovairo sends the user a confirmation of the contract on a durable medium (§ 312f(2) BGB), containing the booking data and these Terms in the version applicable at conclusion of the contract, in text form. Ovairo stores which version of these Terms the contract is based on. The user can retrieve the booking data at any time via booking management. These Terms can be retrieved and stored at https://ovairo.com/agb.

(1) All prices shown are final prices including all unavoidable and foreseeable taxes, charges and surcharges. Taxes and levies payable locally are stated separately before the booking declaration.

(2) Optional extras, such as baggage or seat reservations, are added only by the user's own active selection. Ovairo does not use pre-selected extras.

(3) Any fee charged by Ovairo is shown separately and by amount before the booking declaration.

(4) Payment is made to the payee named in the booking process, using the payment methods offered there.

(5) Where settlement is in a currency other than the display currency, the card issuer may charge fees.

(6) If the price changes between selection and booking declaration, the user is notified of the new price before submitting the booking declaration. The price shown immediately before the button "zahlungspflichtig buchen" is decisive.

(7) Costs arising from the user's breach of duty. If the user culpably causes an unjustified chargeback of a payment, Ovairo may claim compensation for the resulting loss.

The same applies to claims that a supplier asserts against Ovairo because the user culpably breached the supplier's fare rules, in particular through abusive use of fares (for example by deliberately not taking flight segments).

Ovairo notifies the user of the basis and amount of any such claim in text form. The user may in all cases prove that no loss, or a substantially lower loss, was incurred.

(1) Flights. The statutory rules on withdrawal from distance contracts do not apply to contracts for the carriage of passengers (§ 312(2) no. 14 BGB). The user therefore cannot withdraw from the contract of carriage with the airline.

(2) Brokerage service. The user pays no price for Ovairo's brokerage. Any right of withdrawal lapses when the brokerage service has been completely performed, which is when the booking is confirmed (§ 356(5) no. 1 BGB).

(3) Accommodation. For contracts for accommodation other than for residential purposes there is no right of withdrawal where the contract provides for a specific date or period of performance (§ 312g(2) no. 9 BGB).

(4) Cancellation and rebooking are governed by §§ 8 and 8a.

(1) The user must not use the platform unlawfully or abusively. In particular, the following are prohibited:

a) automated extraction of content or prices (for example by bots, crawlers or scraping tools) without Ovairo's express consent in text form; b) circumventing technical protection measures, access restrictions or rate limits; c) bookings without genuine travel intent and bookings that breach the suppliers' fare rules; d) use of third-party payment instruments without authorisation; e) inputs intended to cause the travel assistant to produce unlawful or discriminatory output; f) use of the travel assistant's output to train other AI systems.

(2) In the event of a serious or repeated breach, Ovairo may temporarily restrict access or suspend the account. Ovairo hears the user beforehand where reasonable. Existing bookings are unaffected.

(1) Whether and on what terms a brokered service can be cancelled or rebooked is governed by the supplier's conditions shown to the user before booking.

(2) Ovairo forwards cancellation and rebooking requests to the supplier without delay.

(3) Refunds for brokered services are owed by the supplier. They are usually made by the payee to the original means of payment. Where Ovairo receives refund amounts, Ovairo passes them on to the user without delay and at the latest within 14 days of receipt.

(4) For brokered services whose price was not paid to Ovairo, Ovairo is not the debtor of the refund if the supplier becomes insolvent.

(1) For accommodation under § 2(4), Ovairo owes provision of the booked accommodation for the booked period in accordance with the service description and the rate and cancellation conditions shown at booking.

(2) Scope, board, cancellation deadlines and charges follow the conditions of the booked rate, which are shown to the user before the booking declaration and reproduced in the booking confirmation. For rates marked as non-refundable, the price remains payable even on cancellation. Ovairo credits saved expenses and proceeds from any other use of the accommodation; taxes and levies that are not incurred because the stay is not taken are refunded.

(3) If the user cancels within a free cancellation window, Ovairo refunds amounts already paid without delay and at the latest within 14 days; a mere card authorisation is released without delay.

(4) If the accommodation turns out to be defective, the traveller must notify Ovairo without delay so that Ovairo can remedy the defect. Otherwise the traveller's statutory rights and § 10 apply.

(5) A note on the establishment's booking voucher stating that a third party is entitled to collect payment as the establishment's agent concerns only the relationship between Ovairo and its wholesale suppliers. The traveller's contracting party remains Ovairo.

(1) Claims for compensation and assistance in the event of cancellation, long delay or denied boarding under Regulation (EC) No 261/2004 lie against the operating air carrier, not against Ovairo.

(2) Ovairo assists the user in contacting the airline. Ovairo does not assess or enforce claims on the user's behalf.

(1) Ovairo is liable without limitation for intent and gross negligence, for fraudulent concealment, for damage arising from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) For slightly negligent breach of a material contractual obligation, Ovairo's liability is limited to the damage foreseeable and typical for the contract at the time it was concluded. A material obligation is one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely.

(3) For accommodation provided by Ovairo in its own name under § 2(4), liability under paragraph 2 is additionally limited to three times the price of the accommodation service concerned.

(4) Otherwise, Ovairo is not liable for slight negligence.

(5) The above limitations also apply to Ovairo's legal representatives, employees and vicarious agents.

(6) For brokered services, Ovairo owes proper brokerage, in particular correct transmission of the booking data. The supplier is liable for performance of the brokered service itself.

(7) The notices in § 2(8) do not affect liability under paragraphs 1 and 2.

(8) These provisions do not alter the burden of proof to the user's detriment.

Ovairo endeavours to keep the platform highly available but does not owe uninterrupted availability. Maintenance, disruptions at wholesale suppliers and force majeure may cause temporary restrictions. Confirmed bookings are unaffected.

(1) The rights in the platform, its software, databases and trade marks belong to Ovairo or its licensors. Ovairo grants the user, for the duration of use, a simple, non-transferable right to use the platform as intended.

(2) The user may freely use itineraries created for them by the travel assistant for private and internal business purposes.

(3) Where the user uploads their own content, such as a profile picture, the user grants Ovairo a simple, royalty-free right to use that content to operate the platform. The right lapses when the user deletes the content.

(1) Each booking is governed by these Terms in the version in force when the booking declaration was submitted. Later changes do not apply to contracts already concluded.

(2) For use of the user account, amended Terms apply only once the user expressly agrees to them. Ovairo gives notice of intended changes in text form at least four weeks in advance. If the user does not agree, either side may terminate the contract for use of the free user account with four weeks' notice. Existing bookings are unaffected.

Information on the processing of personal data is set out in the privacy policy at https://ovairo.com/privacy.

(1) The user may send complaints to [email protected].

(2) Ovairo is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where a consumer is habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.

(2) If the user is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Munich. For consumers, the statutory places of jurisdiction apply.

(3) Ovairo may transfer its rights and obligations under this contract to a legal successor in the course of a business transfer. Ovairo informs the user of this in text form; the user may in that case terminate the contract without notice.

(4) If a provision of these Terms is invalid, the remaining provisions remain valid. The statutory provisions take the place of the invalid provision.

(5) These Terms are available in German and English. The German version is authoritative.