General Travel Conditions for Otouring and Tourism Business
1. Conclusion of the Travel Contract
(1) With the registration, the customer offers Otouring and Tourism Business the conclusion of a binding travel contract.
(2) The registration can be made in writing, orally, or in electronic form (e-mail). The registering customer is liable for obligations of all other travelers listed in the registration, provided that they have assumed a corresponding obligation by an express and separate declaration.
(3) A travel contract is concluded with the acceptance by the tour operator Otouring and Tourism Business. Acceptance does not require any special form. Otouring and Tourism Business will send a written travel confirmation to the customer upon or immediately after the conclusion of the contract.
(4) If the content of the travel confirmation differs from the content of the registration, a new offer from Otouring and Tourism Business is available, to which the company is bound for a period of 10 days. The travel contract is concluded on the basis of this new offer if the customer declares acceptance within this period, either expressly or by conclusive action (e.g., by making a deposit or balance payment).
2. Definitions
(1) Consumers: Natural persons who enter into a business relationship with Otouring and Tourism Business without this being attributable to their commercial or self-employed professional activity.
(2) Entrepreneurs: Natural and legal persons or partnerships with legal capacity who enter into a business relationship with Otouring and Tourism Business in the exercise of their commercial or independent professional activity.
(3) Organizer: Otouring and Tourism Business.
3. Payment Terms
(1) A non-refundable deposit of 30% of the total travel costs is due immediately upon receipt of the travel confirmation. The deposit is payable to the Otouring and Tourism Business account and will be deducted from the total travel price.
(2) The remaining balance is due and payable 30 days before the start of the trip, unless otherwise agreed. The payment must be received by Otouring and Tourism Business without prompt. Timeliness is determined by the credit to the tour operator's account.
(3) For registrations made less than 30 days before the start of the trip, the total travel price is due immediately and must be paid to the tour operator.
(4) Non-payment of the deposit and/or the balance does not affect the validity of the travel contract. If Otouring and Tourism Business is willing and able to provide the service, there is no claim to the travel service without full payment. Legal or contractual rights of retention by the customer are excluded.
(5) If the tour price is not paid despite the due date and after a deadline set by Otouring and Tourism Business, the company may refuse to carry out the tour and charge the customer cancellation costs in accordance with Section 5.
4. Services
(1) The contractual services are determined by the service descriptions in the offer from Otouring and Tourism Business and the related information in the travel confirmation. This information is binding for the company.
(2) Otouring and Tourism Business reserves the right to change the information in the brochure for objectively justified, substantial, and unforeseeable reasons prior to the conclusion of the contract. The customer will be informed of any changes before booking.
(3) If an individual itinerary is compiled at the customer's request, the service obligation is based exclusively on the specific offer to the customer and the corresponding confirmation of registration.
5. Withdrawal by the Customer, Cancellation, Rebooking, Replacement Persons
(1) The customer may withdraw from the travel contract at any time before the trip begins by notifying Otouring and Tourism Business. The effective date of cancellation is the date the tour operator receives the notice. It is recommended that the withdrawal be declared in writing.
(2) In the event of withdrawal, Otouring and Tourism Business is entitled to a lump-sum compensation, considering usually saved expenses and potential alternative uses of the travel services.
(3) The following cancellation fees apply per person:
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Up to 41 days before departure: 20% of the tour price
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40 to 21 days before departure: 40% of the tour price
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20 to 11 days before departure: 80% of the tour price
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From 10 days before departure: 90% of the tour price
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From the day before departure or in case of no-show: 100% of the tour price
(4) Otouring and Tourism Business reserves the right to charge a higher compensation in individual cases, based on the costs incurred, which will be specifically quantified and substantiated to the customer.
(5) There is no legal claim to changes regarding the travel date, destination, accommodation, or type of catering (rebooking). If rebooking is made at the customer's request after the contract is concluded, Otouring and Tourism Business will charge a rebooking fee of EUR 50.00 per rebooking made more than 40 days before travel commencement. Rebooking requests made after this period can, if possible, only be carried out after withdrawal from the travel contract under the above conditions and simultaneous re-registration. This does not apply to rebooking requests that cause only minimal costs.
(6) If the customer is unable to start the journey, they may provide a replacement person who meets all the requirements of the travel contract. The customer must inform the tour operator of the replacement person in advance. The tour operator reserves the right to refuse this person if they do not meet the special requirements of the trip, if their inclusion is not possible for organizational reasons, or if legal or official regulations conflict with their participation. The original customer and the replacement person are jointly liable for the tour price and any additional costs incurred due to the substitution.
6. Insurance
Otouring and Tourism Business recommends that customers purchase travel cancellation insurance and international health insurance.
7. Refund for Services Not Used
If the customer does not utilize individual travel services due to early return or other compelling reasons, the tour operator will endeavor to refund the saved expenses. This does not apply if the services are insignificant or if a refund is contrary to legal or official regulations.
8. Withdrawal and Cancellation by the Tour Operator
Otouring and Tourism Business may withdraw from the travel contract before the trip begins or cancel the travel contract after the trip has started in the following cases:
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Without Notice:
If the customer disrupts the execution of the trip despite a warning or behaves contrary to the contract to such an extent that immediate cancellation is justified. In such cases, local representatives are authorized to act on behalf of Otouring and Tourism Business. If the contract is terminated, the company retains the right to the travel price but must deduct the value of saved expenses and any benefits gained from alternative use of unused services.