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Greetings from Cuzco,
The Otto's Tours Team
The following travel terms and conditions form an integral part of the package travel agreement entered into between Otto’s Tours and the tour operator.
1. CONCLUSION OF THE TRAVEL CONTRACT
The contract shall be concluded upon the written booking by the booking tour operator and the simultaneous acceptance of the booking by Otto’s Tours.
2. PAYMENT
Upon written confirmation of the booking by Otto’s Tours, the booking shall become binding upon both the booking tour operator and Otto’s Tours.
Following conclusion of the travel contract for tours in the Caribbean, a non-refundable deposit of 20% of the total travel price shall be payable immediately upon booking. For all other tours, any deposit shall become due if specified in the respective travel offer.
The remaining balance shall always be due and payable 30 days prior to the commencement of the tour.
If the booking tour operator fails to pay the deposit and/or the remaining balance by the agreed due date, Otto’s Tours shall be entitled, following a formal reminder granting a reasonable deadline for payment, to withdraw from the travel contract and immediately charge the customer the applicable lump-sum cancellation fees.
3. OUR SERVICES
The scope of services shall be determined by the written offer, the descriptions and illustrations published on the respective Otto’s Tours website, and the information contained in the booking confirmation referring thereto, unless otherwise expressly agreed with the booking tour operator. For evidentiary purposes, the booking tour operator is advised to obtain written confirmation of any ancillary agreements that modify the scope of the contractual services.
Otto’s Tours expressly reserves the right, prior to conclusion of the contract, to make changes to the services specified in the offer for objectively justified, material and unforeseeable reasons. The booking tour operator shall be informed of any such changes prior to booking. Changes to or deviations from the published itinerary during the tour may occur at any time due to the nature of the tours. Road conditions, adverse weather conditions, actions or decisions by public authorities, difficulties with local transportation, restrictions imposed by government orders or applicable laws, and many other external factors may affect the operation of the tour. Consequently, the stated itinerary cannot be guaranteed. The description above therefore represents the planned itinerary only and does not guarantee the exact sequence or details of the tour.
4. PRICE BINDING
The prices stated in the respective offers and price lists are binding on Otto’s Tours.
5. CHANGES
Changes to material travel services under the agreed travel contract that become necessary after conclusion of the contract and are not brought about by Otto’s Tours in bad faith shall be permitted, provided that such changes are not significant and do not materially alter the overall nature of the tour, or where a case of force majeure occurs (e.g. natural disasters, war, strikes, civil unrest or epidemics). Any warranty claims shall remain unaffected insofar as the modified services are affected by deficiencies. Otto’s Tours shall be obliged to inform the traveller without undue delay of any material changes to the services as soon as Otto’s Tours becomes aware of the reason for such change.
6. CANCELLATION
The booking tour operator may cancel the tour at any time prior to its commencement by notifying Otto’s Tours. If the cancellation is not attributable to Otto’s Tours, Otto’s Tours may, instead of calculating the actual cancellation costs, charge the booking tour operator the following cancellation fees as a percentage of the total travel price:
In the event of cancellation prior to the commencement of the tour:
The booking tour operator shall remain entitled to demonstrate to Otto’s Tours that no loss or substantially lower loss has been incurred. Likewise, Otto’s Tours may cancel the tour by notifying the booking tour operator up to and including the 60th calendar day prior to the commencement of the tour if the minimum number of participants has not been reached or if another compelling reason exists.
7. TERMINATION DUE TO FORCE MAJEURE
If the tour is significantly impeded, endangered or adversely affected as a result of force majeure that could not have been foreseen at the time the contract was concluded (e.g. natural disasters, war, strikes, civil unrest or epidemics), both Otto’s Tours and the traveller shall be entitled to terminate the contract. Any additional costs incurred shall be borne by the traveller.
8. SERVICES NOT USED
If the booking tour operator does not make use of individual travel services that have been duly offered to it for reasons attributable to the booking tour operator (e.g. due to an early return), the booking tour operator shall not be entitled to a pro rata refund of the travel price. Otto’s Tours shall endeavour to obtain a refund of any costs saved from the respective service providers. This obligation shall not apply where the services concerned are entirely insignificant or where reimbursement is prevented by statutory or regulatory provisions.
9. LIMITATION OF LIABILITY
Otto’s Tours’ contractual liability for damages other than personal injury or damage to health shall be limited to the travel price, provided that the damage suffered by the traveller was not caused intentionally or through gross negligence, or insofar as the tour operator is liable for damage suffered by the traveller solely on account of the fault of a service provider.
Otto’s Tours’ liability in tort for property damage not caused intentionally or through gross negligence shall be limited to the travel price. This maximum liability shall apply per customer and per tour. Any claims exceeding this amount in connection with travel luggage under the Montreal Convention shall remain unaffected by these limitations.
Otto’s Tours shall likewise be liable for its vicarious agents. Any claim for damages against Otto’s Tours shall be limited or excluded to the extent that, under international conventions or statutory provisions based thereon applicable to the services to be provided by a service provider, a claim for damages against such service provider may only be asserted subject to certain conditions or limitations, or is excluded under certain conditions.
10. INHERENT TRAVEL RISKS
All tours are carefully prepared by Otto’s Tours. However, Otto’s Tours cannot guarantee that the tour will meet the traveller’s individual expectations or desired travel experience. Many of the tours offered by Otto’s Tours involve an element of adventure, risk and uncertainty. These characteristics are, in part, what make such tours particularly appealing.
In many of the regions visited, local means of transportation such as aircraft, buses, ferries and/or other vehicles must be used which may, in individual cases, not meet European safety standards, and for which no alternatives are available. This may involve significant transportation-related risks over which Otto’s Tours has no control. Accordingly, customers of the booking tour operator must be prepared to accept an appropriate level of risk.
11. EXCLUSION AND LIMITATION PERIODS FOR CLAIMS
Claims arising from the tour not being performed in accordance with the contract must be asserted by the booking tour operator against Otto’s Tours within one month after the contractually agreed end date of the tour.
12. JURISDICTION
The booking tour operator may bring legal proceedings against Otto’s Tours only before the courts having jurisdiction at Otto’s Tours’ registered office. For legal proceedings brought by Otto’s Tours against the booking tour operator, the courts having jurisdiction at the registered office of the booking tour operator shall have jurisdiction.
13. TOUR OPERATOR
The tour operator is one of the following Otto’s Travel Group entities, depending on the destination and the contracting entity specified in the respective travel offer or booking confirmation: Otto´s Tours E.I.R.Ltda, Urb. Magisterio, Av. de la Cultura 2105, Wanchaq, Cuzco - Peru or Otto´s Tours S.A.S., Carrera 71B Bis No. 12-30 Torre 19 Oficina 601, Cundinamarca, Bogota - Kolumbien.