The following General Terms and Conditions (GTC) govern the relationship between onTour Media GmbH, Schönhauser Allee 36-39, Kulturbrauerei Hof 3, Gebäude 8, Aufgang 7, 10435 Berlin (hereinafter referred to as “onTour”) and its customers (hereinafter referred to as “customer”).
The term “customer” refers to both the legal entity that purchases onTour products (“booker”) and the person responsible for organizing the tour for the respective groups (“organizer”). In practice, these can be two different people or the same person.
onTour Media offers school classes the opportunity to upload photos, videos and audio files using a web-based tool (web app). From these recordings, onTour creates a professional souvenir film at the end of the school trip, which is dedicated to the entire school trip and is made available to the customer.
2.1 Booking by e-mail and telephone
The experience can be requested/booked by e-mail or telephone. onTour will send an offer by e-mail following the request. The customer must confirm this again by e-mail so that the contract is legally binding.
2.2 Conclusion of contract via sales partners
The customer can also purchase the product via onTour’s sales partners. In this case, the contract for the product is concluded as part of the booking in accordance with the provisions on the conclusion of the contract of the respective sales partner.
The contract term begins with the conclusion of the contract and covers the entire travel time of the class trip as well as the time for preparation and follow-up by the participants. onTour saves all recordings of the customer and makes the souvenir film available for download with password protection. onTour deletes all customer-related data and all recordings within three months after the provision of the souvenir film. Should the customer wish to terminate the contractual relationship before then, an informal email to [email protected] is sufficient. It is no longer possible to provide the reminder film once the data has been deleted.
4.1 Provision of the tool
onTour enables the use of the product by providing the customer with access data to the password-protected areas of the tool (web app). The customer registers with the first login.
4.2 Contents of the tool
onTour provides the customer with the following functions and materials via the tool:
– Upload functions for photos, videos and audio files of the participants.
– Preparation materials and tutorials for optimal use of the tool.
– Accompanying functions that support participants throughout the class trip and offer suggestions for preparation and follow-up.
– Legal documents for handing out to the participants, e.g. declaration of consent for the product in accordance with UrhG, KUG and DSGVO.
4.3 Creation of the commemorative film
onTour provides editing services by cutting together a professional souvenir film from the uploaded photos, videos and audio files and, if necessary, adding music.
4.4 Additional materials from onTour
As part of the film production, onTour provides the customer with its own photo and image material free of charge, provided this is useful for the souvenir film.
4.5 Licenses
onTour will obtain the necessary permits/licenses in connection with the film production, e.g. GEMA licenses.
4.6 Provision of the film
The finished commemorative film will be made available for download with password protection.
5.1 Provision of content
The customer undertakes to ensure that all relevant photos, videos and audio files are uploaded on time and in a common format.
5.2 Declarations of consent
The customer shall ensure that all participants or their legal guardians have signed declarations of consent.
5.3 Checking the content
The customer shall check the reminder film to ensure that the materials uploaded by the participants do not infringe any third-party rights and do not violate any legal requirements or the declarations of consent.
5.4 Content without derogatory character
The customer shall ensure that the uploaded content does not contain any derogatory or defamatory content that violates onTour’s guidelines or is illegal.
5.5 Downloading the movie
Once the film has been made available, the customer undertakes to download it within six months.
6.1 Remuneration for bookings via the onTour website
Payment for onTour’s services is made when the product is booked. The price is determined in the offer or booking confirmation and is binding.
6.2 Remuneration when booking via a sales partner
The services of onTour are remunerated when the product is booked via a sales partner in accordance with the conditions set by the sales partner. In this case, the terms and conditions of the respective sales partner apply.
6.3 Payment methods
onTour accepts the payment methods stated in the offer or in the booking confirmation. The terms and conditions of the respective payment service provider or the customer’s bank apply. onTour is not responsible for any processing or administration fees charged by the customer’s bank as a result of payments to onTour.
7.1 Discount promotions
Discount campaigns make it possible to book the product at a reduced price. For this purpose, onTour can issue discount vouchers. Discount vouchers have a limited validity and a minimum order value, which is determined by the respective discount voucher or the discount conditions. They cannot be combined with other discount promotions. Cash payment of a discount voucher is not possible. Only one discount voucher can be redeemed per booking.
7.2 Vouchers from sales partners
Vouchers that the customer receives when booking the product via a sales partner are not discount vouchers in accordance with section 7.1, but are only used to redeem the services already booked with the sales partner directly from onTour.
The booked product can be transferred to another group within the period specified at the time of booking. The service content of onTour remains unaffected by the change. The transfer to another group must be made by e-mail to: [email protected].
9.1 Right of withdrawal
The customer has the right to withdraw from this contract within fourteen days without giving any reason.
9.2 Revocation period
The withdrawal period is fourteen days from the date of conclusion of the contract.
9.3 Exercising the right of withdrawal
To exercise the right of withdrawal, the customer must inform onTour (onTour Media GmbH, Schönhauser Allee 36-39, Kulturbrauerei Hof 3, Gebäude 8, Aufgang 7, 10435 Berlin, telephone number: 030 6293 1521, e-mail address: [email protected]) of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.4 Consequences of withdrawal
If the customer withdraws from this contract, onTour shall reimburse the customer for all payments it has received from the customer, including any delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by onTour), immediately and at the latest within fourteen days from the day on which onTour receives notification of the withdrawal from this contract. For this repayment, onTour will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment.
If the customer has requested that the services should commence during the withdrawal period, the customer shall pay onTour a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer informs onTour of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The product is web-based. The customer and the participants require Internet-enabled end devices in order to be able to use the tool in full. A continuous internet connection is not required while using the product. Participants can initially record their photos, videos and audio files offline and upload them at a later time when an internet connection is available or when it is more convenient. However, the customer shall ensure that all necessary content is uploaded before the agreed time for the film production.
The use of the onTour tool is fully subject to the terms of use. Participants can use the tool flexibly during the travel period to record content offline and upload it later.
As part of the film production, onTour may use its own material (e.g. photos/videos) that is protected by copyright. Insofar as the commemorative film gives rise to copyrighted rights of use, ancillary copyrights, personal rights or other rights, onTour grants the customer the necessary, non-exclusive, transferable rights of use.
These rights of use include
The right of reproduction and distribution, i.e. the right to reproduce and distribute the commemorative film / parts of the commemorative film as desired – including on image/sound carriers other than those originally used – within the scope of the types of use granted, in particular to show it within the participants.
The right to broadcast and the right to make available to the public are expressly not covered by the granting of rights of use.
The right of use is unlimited in terms of time and place for non-commercial use.
13.1 Display of logos
onTour may advertise its own company and, in the case of bookings via a sales partner, that partner’s company by displaying its logo in the souvenir film.
13.1 Limited use of advertising
onTour does not use the material created as part of the product for advertising purposes.
14.1 Data protection
onTour undertakes to use the personal data of the customer and the participants exclusively for the fulfillment of the contractually agreed purposes. This includes in particular
The collection, storage and processing of data as part of the use of the tool and the creation of the reminder film.
Compliance with data protection regulations in accordance with the GDPR and other relevant data protection laws.
The personal data provided by the customer will only be stored for as long as is necessary for the fulfillment of the contract or due to statutory retention periods. After expiry of the periods or at the customer’s request, the data will be deleted unless legal requirements demand longer storage.
Personal data is only passed on to third parties if this is necessary for the fulfillment of the contract, for example to service providers who are involved in the technical processing or provision of the services. In this case, data will only be passed on to the extent necessary and in compliance with the relevant data protection regulations.
14.2 Rights of the customer and participants
The customer and the participants have the right to request information about the personal data stored about them at any time, to have incorrect data corrected or to request its deletion, provided that this does not conflict with any statutory or contractual retention obligations. Requests can be made in writing or by e-mail to onTour.
onTour ensures that compliance with the rights of data subjects in accordance with Art. 15-22 GDPR is guaranteed, including
– Right to data portability,
– Right to object to data processing,
– Right to restriction of processing.
Further information is available in the privacy policy at https://ontour.org/datenschutz/
14.3 Data security
onTour uses extensive technical and organizational measures to protect the personal data of the customer and participants against loss, manipulation, unauthorized access or other security risks in accordance with Art. 32 GDPR. These measures include:
The use of encrypted transmission protocols (e.g. HTTPS) for communication between the tool and the user’s end device.
Password-protected access to sensitive areas of the tool.
Regular security checks and updates of the technical infrastructure.
The security measures are regularly reviewed and adapted according to the state of the art. onTour is not liable, however, for unforeseeable security gaps caused by influences for which onTour is not responsible.
15.1 Exemption from services in the event of force majeure
In the event of force majeure, both parties are released from their contractual obligations. Force majeure exists if an external event occurs that has no operational connection and cannot be averted with the utmost care that could reasonably be expected (see BGH, judgment of 16.05.2017, ref. X ZR 142/15). This includes in particular, but not exclusively
Natural disasters (e.g. floods, earthquakes, storms),
war, acts of terrorism or civil unrest,
pandemics or epidemics as well as the resulting official orders, such as travel restrictions, assembly bans or contact restrictions, which directly prevent the fulfillment of the contract,
power outages, internet failures or other technical disruptions that are beyond the control of onTour.
15.2 Effects and notification obligations
Both parties are obliged to inform each other immediately of the occurrence of a case of force majeure. In such a case, onTour will offer the customer a postponement of the product to a later date free of charge. The relocation will take place within a period of twelve months, provided that both parties can agree on this.
If no agreement can be reached on a postponement or if the contract cannot be performed despite the postponement, any services already provided shall continue to be remunerated. Reimbursement of services already rendered is excluded.
15.3 Exclusions in the event of force majeure
The following events are expressly not considered force majeure:
The late arrival of one or more participants,
Organizational deficiencies on the part of the customer,
Weather conditions that cannot be classified as natural disasters,
Technical problems or insufficient device compatibility on the part of the customer.
16.1 Cancellation for direct bookings
The product can be canceled free of charge up to 48 hours before the tool is due to be used. Thereafter, the full agreed remuneration is due. Payments already made cannot be refunded, but can be credited to a later booking by arrangement.
16.2 Cancellation when booking via a sales partner
For cancellations of the product booked via a sales partner, the cancellation conditions of the respective sales partner apply. onTour is not liable for deviations or additional conditions in this case.
16.3 Postponements or subsequent changes
Subsequent changes or postponements of the product are only possible after consultation with onTour. Additional fees may be incurred if preparatory work has already been carried out.
17.1 Warranty rights
The statutory warranty rights apply in accordance with §§ 327e and §§ 327i ff. BGB APPLY. The customer has the right to rectification of defects if the product does not correspond to the agreed description or is defective.
17.2 Limitations of the warranty
If rectification is not possible or unreasonable for onTour, the customer is entitled to a reduction in payment or withdrawal from the contract. onTour is not liable for defects caused by improper use of the tool, technical defects on the part of the customer or by the customer’s breach of its duty to cooperate.
18.1 Principle of liability
onTour is liable within the scope of the statutory provisions for damages caused by the breach of contractual or non-contractual obligations. A distinction is made between different degrees of liability.
18.2 Liability for intent and gross negligence
onTour is liable without limitation for damages caused by intentional or grossly negligent behavior on the part of onTour, its legal representatives or vicarious agents.
18.3 Liability for simple negligence
In the event of simple negligence, onTour is only liable in the following cases:
For damages resulting from injury to life, body or health, or
For damages resulting from the violation of essential contractual obligations (so-called cardinal obligations). Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
In these cases, however, liability is limited to compensation for typically foreseeable damage. Liability shall not exceed the amount of the agreed remuneration for the product.
18.4 Exclusion of liability
onTour is not liable for:
Damage caused by technical faults that are beyond the control of onTour (e.g. internet failures at the customer’s premises, insufficient device compatibility).
Damage caused by faulty content provided by the customer or participants.
Indirect damages and consequential damages, such as lost profits, lost data or similar economic losses, unless they are based on intentional or grossly negligent behavior on the part of onTour.
18.5 Liability for data loss
onTour accepts no liability for the loss of data if the customer has not ensured that appropriate backup copies of all uploaded content are available. onTour is only liable for the recovery of lost data if the customer has provided the data in machine-readable form and recovery is possible with reasonable effort.
18.6 Mandatory statutory liability
The above exclusions and limitations of liability do not apply if onTour is legally liable, e.g. under the Product Liability Act or if a guarantee has been given.
18.7 Indemnification by the customer
The customer indemnifies onTour against all third-party claims asserted on the basis of content uploaded by the customer or participants. This includes in particular claims due to
Copyright infringements,
violations of personal rights,
Violations of data protection laws,
offensive or otherwise unlawful content.
The indemnification also includes the costs of a necessary legal defense (e.g. court and lawyer’s fees), provided that the claims of third parties are not obviously unfounded.
19.1 Applicable law
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
19.2 Place of jurisdiction
Unless another place of jurisdiction is prescribed by law, the place of jurisdiction shall be the registered office of onTour.
19.3 Amendments to the contract
Amendments or additions to the contract must be made in writing. This also applies to amendments to this written form clause.
19.4 Severability clause
Should any provision of these General Terms and Conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes.
Status: December 2024
*For reasons of readability, the masculine form has been used in the text as far as possible.
onTour Media GmbH
Schönhauser Allee 36-39 (Kulturbrauerei)
10435 Berlin, Germany
Mitglied im:
Deutscher Fachverband für Jugendreisen
Copyright © 2025 onTour Media GmbH All rights reserved
Copyright © 2025 onTour Media GmbH All rights reserved
Mitglied im:
Deutscher Fachverband für Jugendreisen
Copyright © 2025 onTour Media GmbH All rights reserved
Copyright © 2025 onTour Media GmbH
All rights reserved
Mitglied im:
Deutscher Fachverband für Jugendreisen
