Our General terms and Conditions § 1 Taking out a contract With the registration the customer offers Red Sea Divers a binding contract which can be with either themselves or a third party The registration can be made by post fax or E Mail This is carried out by the customer for himself and on behalf of all persons named on the list The customer takes full responsibility for the obligations of the contract for both himself and all other persons on the list provided that he has accepted a separate agreement The contract is valid as soon as it has been accepted by RedSea Divers The acceptance requires no particular form RedSea Divers will send an invoice to the customer either with or immediately after completing the contract This also acts as confirmation § 2 Payment A deposit of 25% should be paid following confirmation of booking The remanining amount should be paid in full at least 4 weeks before departure date as described in the invoice providing that the holiday is not cancelled according to the clauses 6 a or 6 b Any bookings made 4 weeks prior to departure are obliged to pay the full amount immediately If the full amount has not been paid up till the agreed date then RedSea Divers are freed from their obligations and can demand the equivelant cancellation costs unless there is a valid reason for the non payment § 3 Obligations All visitors will be welcomed at the Airport by our Representative He will meet you in the airport with either a RedSea Divers board or from the appropriate company together with a Visum The price of the Visum is 25 Euro The Rep will collect the flight tickets and confirm the return flight The standard of the hotel and the dive package are according to the description THE SERVICES LISTED BELOW ARE FOR LIVEABOARDS Transfer from the Airport to the boat Liveaboards starting in Hurghada 8 Euro Liveaboards starting in the south 35 Euro Full board 3 4 dives per day Tank weight belt weights air Soft drinks 22 Euro per person/week on board Beer is extra Marine Park Fee for Brother Islands or Marinepark 60 $ per week Marine Park Fee for Ras Mohammed 10 $ Transfer from the boat to the Airport or following hotel in Hurghada § 4 Changes to obligations and prices Changes or deviations to the services agreed within the contract which are necessary following completion of the contract and are not against the good faith of RedSea Divers are only allowed as long as the changes or deviations are not considerable and the whole package deal is not impaired Guarantee claims can possibly remain unaffected providing the altered services are faulty RedSea Divers are obliged to inform the customer immediately of any changes or deviations to the services If necessary the customer will be offered a free rebooking or a cancellation at no cost Should there be a price increase of more than 5% following completion of the contract or in the case of a considerable change to an important part of the travel arrangements the customer will be allowed to cancel at no cost to himself or he will be offered a similar alternative should RedSea Divers be able to offer such a trip without further costs to the customer from within their offers § 5 Cancellation by the customer rebooking replacement person 5 1 The customer can cancel the holiday or services at any before departure date Decisive is the date which RedSea Divers recieved it The customer is recommended to cancel in writing Should the customer withdraw from the contract or fail to show up for the holiday or any of the services then RedSea Divers will demand that they take the relevant travel precautions find a replacement and cover their expenditure With the charge of the replacement it will be considered if they will be spared the otherwise customary expenditure for the travel services Using the subdivision below and depending upon the closeness to the departure date that the replacement has been found RedSea Divers can percentually proportionate the travel price as follows more than 30 days before departure 25 % per person 22 29 days before departure 40 % per person 15 21 days before departure 60 % per person 3 14 days before departure 75 % per person 72 hours before departure 100 % per person 5 2 Following booking should the customer wish to change/rebook anything such as the date of departure the destination the airport the accommodation or the form of transportation RedSea Divers can charge a rebooking fee per person 5 3 Up till the departure or before a service begins the customer can request that a third party take over his rights and duties for the booking Should a third party take over the contract then both he and the original customer are jointly responsible for all travel costs and any further costs which may then occur Should the booking be cancelled for reasons which RedSea Divers cannot be held responsible for or the customer does not appear for departure or does not appear at the agreed time for any of the services then these are no reasons for a rebooking then the customer is responsible for the full travel costs § 6 Withdrawal and termination by RedSea Divers RedSea Divers can withdraw from the contract for any of the following reasons before the departure date a Up to 2 weeks before departure When the travel description or the local officials specifies a minimum number to a group and this has not been reached In any case RedSea Divers are responsible for immediately informing the customer of this prerequisite and that the journey is therefore unable to take place and to immediately forward him the cancellation forms The customer will immediately receive any deposit paid Should it be obvious earlier than this that the minimum number required will not be fulfilled then RedSea Divers must inform the customer immediately b Up to 4 weeks before departure When carrying out the trip all possible resources from RedSea Divers are exhausted and it would therefore be unreasonable because the booking amount is so small that in order for RedSea Divers to carry out the trip would mean them going beyond their financial limits for the trip RedSea Divers would then only have the right to cancel when the circumstances leading to this have not been represented and when the customers have turned down a similar appropriate proposal If the trip is cancelled due to this reason then the deposit will immediately be repaid to the customer In addition to this he will be reimbursed at standard set rate providing he doesn´t make use of any alternatives offered by RedSea Divers § 7 Passport Visum Customs exchange and health regulations It is a condition for travellers to Egypt to ensure that they have a valid passport RedSea Divers are required within their statutory and contractural rights to conscientiously inform the customer over and above about the respective foreign passport visum customs foreign exchange control regulations and health regulations as far as this is possible The customer is responsible himself for keeping to these requirements The customer must burden any costs or disadvantages encurred through not adhering to these regulations except when this is due to false or incorrect information from RedSea Divers As far as RedSea Divers are in possession of the appropriate information regarding the above mentioned regulations and that any enquiries have been answered it would be assumed that the participants/customers are german nationals providing that they have not been informed that a member of the party is of a different nationality § 8 Revocation of the contract due to reasons beyond our control Following booking should the holiday become endangered spoilt or at risk for reasons which are beyond our control then either RedSea Divers or the customer can cancel If the contract is cancelled then RedSea Divers can demand appropriate compensaton for the services already brought or for those services which have yet to be taken § 9 Guarantee a Remedy Should the services provided not be according to the contract then the customer can take remedial action RedSea Divers can refuse when unreasonable expenditure is involved RedSea Divers can also offer a solution in the manner that they offer a similar service b Price Reduction The customer can demand a reduction in the holiday price for the duration of the time in which the booked services have not been fulfilled The holiday price can be reduced by comparing the value of the original fault free condition with that of the now faulty condition Should the customer fail to report the fault then this would result in non payment of reduction c Cancellation Should the holiday be considerably spoilt due to a fault and RedSea Divers Diving Centre does not offer a suitable solution with an appropriate alternative then the customer can make a written cancellation of his booking contract within the legal requirements in his own interests and with the proven reasons This is also the case when according to RedSea Divers that due to the faults the customer has a valid reason for cancelling the trip The period required for a solution is only then unnecessary when it is impossible or when this has been refused by RedSea Divers or when the immediate cancellation of the contract for a particular reason by the customer is justified He then owes RedSea Divers for the services used as part of the travel costs providing these services were of interest to him d Compensation The customer can claim compensation for unfulfilled services regardless of any reduction or cancellation unless of course the problem has not been caused through any fault of RedSea Divers § 10 co operations responsibility The customer is committed within the legal representation that by the appearance of any problems in the services they should help in order to avoid any damages completely or to at least keep them to a minimum The customer is particularly required to inform the Rep of his complaint immediately He is then appointed to organise a suitable solution providing there is one possible Should the customer fail to report a fault then he has no right to a reduction § 11 Ineffectivity of individual requirements The ineffectivity of any one part of the contract does not mean that the whole contract is then ineffective § 12 Court of jurisdiction The customer can only sue RedSea Divers at their headquarters Should RedSea Divers sue the customer then his place of residence is decisive unless the complaint is against a business merchant or someone who has since completing the contract either changed his address or his usual place of residence is now abroad or either his address or usual place of residence is unknown In this case the headquarters of RedSea Divers is decisive § 13 Conditions for services by which RedSea Divers acts as intermediary The following applies for travel services hotel holidays or flights RedSea Divers acts exclusively as intermediary for individual transportation other individual tourist services as well as foreign organisers and other package holiday organisers In the case of a booking then the contract for the trip/service is between the customer and the Tour Operator/Service Provider The following conditions therefore only apply for our work in the organisation and has no influence on the conditions of the organised trip/service In this respect the general terms and conditions should be refered to In so far as the services are supplied by a foreign business then for the contracts for these trips/services it is possible to use foreign rights The contractural duties of RedSea Divers is to ensure the proper arrangement of booked transportation or the booked individual tourist services To provide the booked services as such is not a part of the duties of RedSea Divers For trips and tourist activities which are organised by RedSea Divers themselves are meant for the rest and a continuation of the above mentioned conditions Liability of RedSea Divers as Agent The details about arranged transportation or arranged tourist services are concerned exclusively within the responsibility of the Service Provider in comparison to RedSea Divers they present no assurance from RedSea Divers with regards to the customer The liability of RedSea Divers extends to the careful selection of the respective Organisations or Service providers the impeccable purchase of services including an appropriate information and the handing out of all travel documents for the customer the forwarding on of information the professed intention and payment between the customer and the tour operators and vice versa RedSea Divers is not liable for providing the organised services arranged by themselves for the Tour Operator/Service Provider Rebooking / Cancellation of booked service The customer can withdraw from the trip/service at any time before departure date although we must point out that the Tour Operator or Service Provider may impose a cancellation fee of up to 100% of the cost of the trip Any cancellations or rebookings can only be made through RedSea Divers or at the contact address of our booking centre the Tourist Broker which will be found on the confirmation form The cancellation can be made by E Mail quoting the booking number The rebooking of a service can only be made by cancelling the service and making a new booking providing that the Service Provider is unable to offer the customer a cheaper alternative RedSea Divers retains the right to charge their customers a handling charge of up to 25 Euro per person for any rebooking/cancellation costs which they have to process for the Tour Operators The customer remains at liberty to proove that RedSea Divers have sustained little or no damage Payment of booked services Payment must be made before the departure date or at the latest when the documents are handed out for all holidays or trips organised by RedSea Divers When no payment has occurred either before or at the collection of the documents then the documentation will either not be sent or handed over Whether and when a deposit is to be paid and how much this is will be noted on the confirmation of booking form By Charter tickets the usual conditions of payment of the respective Tour Operator are valid Limitation of liability by organised services For damages in connection with the organisation is the same whatever the legal justification can RedSea Divers only be made reponsible when these have been made with intent or has been committed in an act of culpable negligence By general negligence can RedSea Divers be held responsible only providing that by the booking a charge has been made and a cardinal duty of the contract has been damaged; in this case the liability is restricted to the price of the holiday The limitation of liabilities is invalid for injuries to persons The ineffectivity of travel conditions by an organised service The ineffectivity of one requirement of the organisers contract does not mean that the whole contract is then ineffective The ineffectivity of the organised travel contract does not effect the organisers contract Court of jurisdiction The customer can only sue RedSea Divers at their headquarters Should RedSea Divers sue the customer then his place of residence is decisive unless the complaint is against a business merchant or someone who has since completing the contract either changed his address or his usual place of residence is now abroad or either his address or usual place of residence is unknown In this case the headquarters of RedSea Divers is decisive RedSea Divers Zahabia Beach Hurghada/Egypt Tourist industry Touristikboerse de Heiko Albert & Stefan Girster OHG Stadtfeldstr 16 D 94469 Deggendorf Tel 0049 991 / 374 119 0 Fax 0049 991 / 21 509 Heiko Albert & Stefan Girster OHG Deggendorf Handelsregister Nr 1891 UST ID Nr DE 211 596 024