Terms & Conditions

ODC for Diving Centres General Terms and Conditions

1. General, Validity
1.1. These General Terms and Conditions apply to all business relationships between ODC for Diving Centres, 4 Ismail Sabry Street Heliopolis, Cairo, Egypt, and its non-commercial customers.
1.2. These General Terms and Conditions apply only to the booking/arrangement of the travel services of the providers listed under "orca‐diveclubs.com" and have no influence on the provision of the travel services arranged by ODC for Diving Centres. The travel services are provided in accordance with the terms and conditions of the respective providers.
1.3. Third parties or companies that provide services arranged by ODC for Diving Centres are hereinafter referred to as providers. The services arranged by ODC for Diving Centres are hereinafter referred to as travel for the sake of simplicity.
1.4. ODC for Diving Centres is entitled to change the content of the General Terms and Conditions at any time after giving timely notice.

2. Services provided by ODC for Diving Centres
2.1. ODC for Diving Centres acts exclusively as a travel agent within the scope of the online offering at "orca-diveclubs.com". Additional administrative tasks may be added by ODC for Diving Centres after the trip has been booked.
2.2. ODC for Diving Centres itself is not a tour operator and does not provide any of the trips it arranges. The execution of the trips is therefore not a contractual obligation of ODC for Diving Centres. When a booking is made by the customer, the travel contract is concluded exclusively between the customer and the respective travel provider.
2.3. The trip is arranged on the basis of the information provided by the providers and communicated to the customer. ODC for Diving Centres does not carry out any preliminary checks of the information or availability data provided.

3. Conclusion of contract / booking, reservation
3.1. The offer made by ODC for Diving Centres is subject to change without notice, unless the documents, illustrations and service specifications belonging to the offer are designated as binding. Declarations of acceptance require confirmation by ODC for Diving Centres to be legally valid.
3.2. After entering the data and clicking on the "Online booking" button, the customer submits a binding offer to conclude an agency contract.
3.3. By submitting an offer to conclude an agency contract, the customer simultaneously submits an offer to conclude a contract with the respective travel provider. This offer is brokered by ODC for Diving Centres.
3.4. ODC for Diving Centres sends a booking confirmation to the customer by email if the customer's booking request has been successfully arranged. Upon receipt of this booking confirmation, the declaration of acceptance for the conclusion of the agency contract and the simultaneously booked travel contract is made.
3.5. In order to properly fulfil the contract, it is necessary to enter all contact information and the customer's email address correctly. It is the customer's responsibility to ensure that the email address is accessible within reasonable limits. Any resulting errors and communication gaps shall be borne by the customer.
3.6. After completing the booking process, the customer must check their email account for the booking confirmation. If the booking confirmation has not been received 60 minutes after completing the booking process, ODC for Diving Centres must be contacted immediately.
3.7. The customer must regularly check the travel plans communicated to them for changes and their email account for notifications and, in particular, for the receipt of travel documents. The same applies if the customer has a viewable profile or customer account at "orca-diveclubs.com".
3.8. All confirmations, notifications and travel documents sent to the customer must be carefully checked by the customer for accuracy and completeness. Any discrepancies, errors, incompleteness or the absence of expected documents must be reported to ODC for Diving Centres immediately.
3.9. The completion of the travel booking is subject to availability. Regardless of any booking confirmation that has already been made, ODC for Diving Centres has the right to cancel the booking in the event of the trip being unavailable and to inform the customer of this circumstance together with information on the refund of any payments already made.
3.10. ODC for Diving Centres expressly points out that the customer has no special right of withdrawal vis-à-vis ODC for Diving Centres. The travel services arranged by ODC for Diving Centres are not subject to the statutory provisions for distance contracts in accordance with Section 312b (3) No. 6 of the German Civil Code (BGB).

4. Payment method
4.1. Payment processing is handled by IDC Service GmbH, Kufsteiner Str. 55, 83022 Rosenheim. Payment of the travel price, including all associated costs, is generally due upon completion of the booking. Payment is made using one of the payment methods specified during the booking process, at the customer's discretion.
4.2. ODC for Diving Centres is entitled to charge the customer a processing fee of €50.00 for any additional expenses incurred in connection with a culpable breach of the customer's duty of care (e.g. errors in personal data, insufficient funds, return debit note). The customer retains the right to prove that no damage or only minor damage less than the processing fee has been incurred.

5. Booking changes / cancellations
5.1. In the event of a change to the trip that results in an increase in the trip price, ODC for Diving Centres shall inform the customer of this by telephone or email and ask them to confirm whether they wish to proceed with the booked trip in recognition of the price increase.
5.2. If the customer has not responded within 48 hours of the information email being sent, ODC for Diving Centres shall be entitled to cancel the trip on behalf of the customer with the provider in order to avoid further costs.
5.3. In the event of a cancellation of the trip for which ODC for Diving Centres is not responsible, ODC for Diving Centres shall not reimburse its own fees and costs. This includes reservation costs, service charges and payment method fees.
5.4. If the customer or a representative initiates changes to the trip via the ODC for Diving Centres service, ODC for Diving Centres is entitled to charge an additional flat fee of €50.00 per trip participant for the additional expense. This applies in particular to changes to the travel date or travel time, to the names and/or number of passengers, and to cancellation of the trip.
5.5. In addition to the flat-rate fee, further fees may be payable to the providers for the changes, which are based on the providers' terms and conditions. ODC for Diving Centres has no influence on the incurrence and amount of such fees.
5.6. Requests for changes or cancellations must be communicated immediately, quoting the reservation number. ODC for Diving Centres will review this request promptly and inform the customer by email or similar means of the costs associated with the change/cancellation. A cancellation is only legally valid once the customer has received a cancellation confirmation from ODC for Diving Centres by email.
5.7. Any changes/cancellations will only be made in the system once the customer has reconfirmed the request for change/cancellation by email or similar means, acknowledging the costs incurred.

6. Warranty
For technical reasons, ODC for Diving Centres cannot guarantee accessibility via email or accessibility of the URL http://www.orca-diveclubs.com or any of its other URLs. ODC for Diving Centres also does not guarantee the accuracy and completeness of the data transmitted via the Internet. The customer uses the Internet at their own risk and is subject to the applicable national or international laws and regulations. Separate warranty or guarantee commitments by ODC for Diving Centres remain unaffected. ODC for Diving Centers is not responsible for delays in performance due to force majeure and events for which ODC for Diving Centers is not responsible and which make performance significantly more difficult or impossible on a more than temporary basis (this includes, in particular, strikes, lockouts, official orders, etc., even if they occur at subcontractors). They entitle ODC for Diving Centres to postpone performance for the duration of the hindrance plus a reasonable start-up period.

7. Disclaimer
7.1. ODC for Diving Centres is not liable for the availability, execution, disruption or changes to trips. Such matters are solely the responsibility of the providers or third parties commissioned by them.
7.2. ODC for Diving Centres is not liable for the accuracy, completeness or timeliness of information displayed during the booking process for the respective trips.
7.3. ODC for Diving Centres is liable for damage caused intentionally or through gross negligence by it, its organs, executive employees or staff. In the event of a breach of contractual obligations whose fulfilment is essential for achieving the purpose of the contract, the absence of warranted characteristics or personal injury as a result of a tortious act, ODC for Diving Centres shall be liable in all cases of attributable fault.
7.4. ODC for Diving Centres shall be liable without limitation in accordance with the statutory provisions in cases of intent and gross negligence. In cases of simple negligence, liability shall be excluded unless an essential contractual obligation has been breached, bodily injury or death has occurred, or there is a case of delay or impossibility. In cases of simple negligence, if an essential contractual obligation has been breached or there is a case of delay or impossibility, liability for damages not based on injury to life or limb shall be limited to the damage typical for the contract and to such damage that was foreseeable. The customer reserves the right to prove higher damages. ODC for Diving Centres shall not be liable for indirect and consequential damages or loss of profit. Claims under the Product Liability Act and producer liability remain unaffected.
7.5. The customer shall indemnify ODC for Diving Centres and all its affiliated companies against any losses, damages and claims by third parties incurred by ODC for Diving Centres or its affiliated companies as a result of or in connection with a breach of contract, in particular through the use of incorrect or misleading personal data provided by the customer.
7.6. For additional services subject to a charge, the contractual terms and conditions of the respective service providers shall apply. These will be communicated or sent on request. Objections or claims must be made directly to the respective service provider. ODC for Diving Centers' liability for additional services is limited to the careful selection of the respective contractual companies.

8. Data protection
8.1. The personal data collected within the framework of this contract and for its execution shall be stored and processed centrally by ODC for Diving Centres. Personal data shall be stored, processed and used for the purpose of executing the contract. Within the framework of order data processing, this data may also be transferred to third parties. They are not authorised to use this data for their own purposes or to pass it on to other third parties. Otherwise, no personal data will be disclosed to third parties.
8.2. ODC for Diving Centres only stores personal data of customers for a period of time that complies with legal requirements. After this period, all personal data will be deleted or anonymised.

9. Use of the website "orca-diveclubs.com"
Use of the website "orca-diveclubs.com" is permitted exclusively for the customer's private, non-commercial use. All information, products or services available for retrieval at "orca-diveclubs.com" may not be reproduced or distributed beyond private use. The same applies to underlying software programmes and programming as well as copyright-protected text, image and design material.

10. Partial invalidity
Should any provision in these terms and conditions or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

As of April 2013