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:
Up to 41 days before departure: 20% of the tour price
40 to 21 days before departure: 40% of the tour price
20 to 11 days before departure: 80% of the tour price
From 10 days before departure: 90% of the tour price
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:
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.
9. Cancellation Due to Extraordinary Circumstances
If the trip is significantly impeded, endangered, or impaired due to unforeseeable force majeure at the time of contract conclusion, both the tour operator and the customer may terminate the travel contract. Upon termination, the tour operator may demand reasonable compensation for services already rendered or necessary to conclude the trip.
10. Customer Obligations, Warranty, Exclusion of Claims, Statute of Limitations
(1) If the trip is not performed according to the contract, the customer may demand a remedy. Otouring and Tourism Business can refuse if it requires disproportionate effort. The company may provide a remedy by offering an equivalent or higher-quality replacement service.
Defects must be reported immediately to the local tour guide or via the contact information provided.
(2) If the trip is significantly impaired due to a defect and the tour operator does not remedy within a reasonable time, the customer may terminate the travel contract under statutory provisions.
(3) Before termination, the customer must set a reasonable deadline for remedy unless the remedy is impossible, refused, or immediate termination is justified by a special interest.
(4) If the trip is not provided as contracted (defect), the customer may claim damages without prejudice to reduction or termination, unless the defect is due to circumstances beyond the tour operator's control.
(5) Warranty claims must be asserted against the tour operator at the address provided within one month after the contractual end of the trip. After this period, claims can only be asserted if the customer was prevented from meeting the deadline through no fault of their own. Claims expire after two years, starting from the day the trip should have ended according to the contract.
11. Duty to Cooperate
The customer is obliged to cooperate in remedying any performance disruptions, within statutory provisions, to minimize or avoid damage. Specifically, the customer must immediately notify the local tour guide of any complaints. Failure to report defects may void claims for reduction.
12. Passport, Visa, and Health Regulations
(1) Otouring and Tourism Business assumes no liability for passport, visa, and health regulations or their changes before departure.
(2) Travelers to Oman must ensure their passports are valid for at least 6 months after the trip ends and contain three free pages. Obtaining a visa is the sole responsibility of the traveler.
(3) Customers must verify visa requirements with the embassies or consulates of their destination countries and determine whether visas should be applied for upon arrival or before departure. Otouring and Tourism Business accepts no responsibility for incomplete or missing entry documents and visas. The official website to obtain an Omani visa is: https://evisa.rop.gov.om/
(4) Current regulations require visas to be applied for electronically in advance (within 30 days prior to departure).
(5) The customer is responsible for complying with all regulations important for the execution of the trip. All disadvantages resulting from non-compliance are borne by the customer unless the tour operator failed to fulfill its information obligations due to its own fault.
(6) The customer must inform themselves about customs and foreign exchange regulations.
13. Price Adjustments
(1) Otouring and Tourism Business reserves the right to change the agreed price in the event of an increase in transport costs, charges for certain services (e.g., port or airport taxes), or changes in exchange rates relevant to the trip. If transport costs increase, particularly fuel costs, the travel price may be increased accordingly.
In the event of exchange rate changes, the travel price may be increased to the extent that the trip becomes more expensive for Otouring and Tourism Business.
(2) A price increase is only permissible if more than four months lie between contract conclusion and the agreed travel date and if the circumstances leading to the increase were not foreseeable at the time of contract conclusion.
Otouring and Tourism Business must inform the customer immediately of any subsequent price changes or significant changes in essential travel services. Price increases demanded from the 20th day before the agreed travel date are ineffective. In case of price increases over 5% or significant changes in essential travel services, the customer may withdraw from the travel contract at no cost or participate in another trip of at least equal value.
14. Data Protection
(1) The customer agrees that personal data necessary for the contractual relationship are stored by the tour operator and may be passed on to affiliated companies for order processing.
(2) Stored personal data will be treated confidentially. For credit checks, the tour operator reserves the right to exchange data with credit agencies.
(3) The customer has the right to revoke consent at any time with future effect. In such cases, the tour operator is obliged to delete the customer's personal data immediately. For ongoing contractual relationships, deletion occurs after contract termination.
15. Applicable Law, Partial Invalidity, Place of Jurisdiction
(1) The travel contract is governed exclusively by the law of the Sultanate of Oman.
(2) Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.
(3) The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Otouring and Tourism Business, provided the customer is a merchant or has no general place of jurisdiction in Oman.
