Terms & Conditions

1. Conclusion of the Travel Contract

The traveller and any fellow travellers, hereinafter referred to jointly as the “Traveller”, offers to conclude a travel contract with the tour operator iQ onTour Ltd., represented by its Managing Director Robby Schropp, based at Independence 7, 84511 Hurghada, Red Sea District, Egypt, hereinafter referred to as “iQ onTour”, by submitting a booking request. The booking request may be submitted in writing, verbally, by telephone, via the iQ onTour website, or in any other suitable form. By submitting the booking request, the Traveller confirms the consent of any fellow travellers to this request and assumes full responsibility — on their own behalf as well as on behalf of any fellow travellers — for the contractual obligations arising from this booking request.

A travel contract between iQ onTour and the Traveller is only concluded upon written confirmation by iQ onTour, sent to the address provided by the Traveller. Upon receipt of the booking confirmation, the Traveller is obliged to make the payments specified in the booking confirmation.

2. Payment of the Travel Price / Insurance Cover / Withdrawal

Together with the booking confirmation, you will receive information on the payments and payment deadlines to be made in accordance with these terms and conditions. The following conditions apply to payments.

Following booking confirmation by iQ onTour, a deposit of 50% of the agreed travel price is due, payable to a bank account specified by iQ onTour in the booking confirmation. Upon receipt of this deposit by iQ onTour, the travel contract between iQ onTour and the Traveller is deemed concluded.

The remaining agreed travel price is due no later than 4 weeks before the start of the trip. An exception applies only where iQ onTour has reserved a right of withdrawal pursuant to clause 6 of these terms; in this case, the remaining agreed travel price is not due until this right of withdrawal has expired.

An exception to these rules applies to short-notice bookings made less than 4 weeks before the start of the trip. In this case, the entire travel price is due within 3 days of booking confirmation. Should payment not be received within this period, iQ onTour reserves the right to withdraw from the travel contract; any cancellation fees incurred at that point will be charged to the Traveller.

3. Services / Changes / Ancillary Agreements

The scope of the contractual services results from the description of services in the catalogue or on the iQ onTour website, as well as from the corresponding information in the booking confirmation or invoice issued by iQ onTour. Descriptions of services in catalogues or on the websites of service providers such as hotels are not binding for iQ onTour.

For trips booked more than 4 months before departure (the date of contract conclusion being decisive), iQ onTour reserves the right to adjust the price. Such a price adjustment may occur, for example, due to increases in transport costs, charges for certain services (e.g. permits), or significant changes in exchange rates. A price adjustment is only permissible to the extent of the actual change incurred and will be apportioned equally among the travellers. A price adjustment is only permitted up to the 21st day before the start of the trip.

iQ onTour reserves the right to make changes to the travel services that become necessary after conclusion of the contract, provided these are not made in bad faith. iQ onTour will only make such changes to services insofar as they are not significant and do not affect the overall character of the trip. In particular, any exchange of boats does not constitute a defect entitling the Traveller to a remedy. Likewise, the relocation of any type of desert safari to another area due to official regulations or permit requirements does not constitute a defect in the trip and does not entitle the Traveller to cancel.

iQ onTour will inform the customer without delay upon becoming aware of any such changes and the reason for the change.

In the event of a price increase of more than 5% of the travel price, or a significant change to a material travel service, the customer is entitled to withdraw from the travel contract free of charge, or to demand participation in an at least equivalent alternative trip, provided iQ onTour is able to offer a corresponding trip from its programme at no additional cost to the customer. The customer must assert these rights without delay after being notified of the change by iQ onTour.

4. Transport Services

iQ onTour generally does not arrange flight bookings on behalf of the Traveller. Accordingly, iQ onTour assumes no responsibility whatsoever for any delays or changes to flights. The Traveller must inform iQ onTour immediately upon becoming aware of any travel delays relevant to iQ onTour. iQ onTour reserves the right to charge for any additional services required as a result of a delay caused by circumstances beyond iQ onTour's control.

5. Passport, Visa and Health Regulations

As a Traveller, you are responsible for complying with all regulations relevant to the trip. Any disadvantages arising from non-compliance shall be borne by you, unless they result from insufficient or incorrect information provided by iQ onTour. Where a visa is required for the trip, we recommend clarifying the duration and requirements for obtaining the visa in good time.

6. Required Documents

In order to apply for any permits or entry tickets that may be necessary for our trips, the personal details of the participants (surname, first name, passport number, date of birth) are required in some cases. The Traveller is obliged to provide iQ onTour with this data promptly upon request. iQ onTour accepts no liability for delays in obtaining permits or for a refusal of a permit by the competent authorities. Should iQ onTour be unable to apply for the necessary permits for the trip in good time due to missing or incorrect information provided by the Traveller, and should this result in a necessary change to the travel programme, iQ onTour reserves the right to charge the Traveller for any resulting additional costs. iQ onTour also reserves the right to withdraw from the trip, subject to the cancellation fees then applicable.

7. Minimum Number of Participants

If the minimum number of participants specified in the trip description is not reached, iQ onTour is entitled to cancel the trip up to 20 days before departure and either rebook the Traveller onto an equivalent trip or refund the travel price.

8. Diving Programmes, Sports and Outdoor Activities and All Other Activities Undertaken at One's Own Risk

Insofar as iQ onTour includes or arranges diving programmes, sports or outdoor activities as part of the travel programme, the following provisions apply to these activities:

By booking these services, the Traveller declares that they are in a state of health that permits participation in these activities. The Traveller is obliged to strictly follow the instructions of tour guides, dive masters and dive supervisors. Violations or missing documentation will result in immediate exclusion from diving activities for safety reasons, without any entitlement to compensation for the resulting loss of services.

This applies in particular to exceeding the set diving depth limit. The maximum permitted diving depth for experienced divers with proven, completed training (for example PADI AOWD or CMAS**, DTSA**) is generally 40 metres. Lower depth limits apply to less experienced divers and will be defined as necessary by the base and/or dive leader.

9. Substitute Participant

In accordance with the statutory options arising from travel contract law, the Traveller has the option of naming a substitute participant if they themselves do not make use of the travel service. iQ onTour will charge an administration fee of €59 for transferring an existing travel contract to a substitute participant. As a general rule, a period of at least 3 days should be allowed for amending the documents, and in individual cases — due to the issuance of permits — considerably longer.

Any additional costs arising from such a change of person (for example for amending permits or existing bookings) will be charged to the Traveller in addition. iQ onTour accepts no responsibility for any delays (for example due to the necessary re-application for permits) or changes to services (for example due to the substitute participant lacking required licences) that may arise from such a change of person.

10. Termination of the Travel Contract for Reasons of Conduct

iQ onTour may withdraw from the travel contract, or terminate it without notice after the start of the trip, if the Traveller persistently disrupts the performance of the trip despite a warning from iQ onTour, or if the Traveller behaves in breach of contract to such an extent that immediate termination of the contract is justified. In the event of such termination for reasons of conduct, iQ onTour retains its claim to the travel price.

11. Termination of the Contract Due to Force Majeure

If the trip is significantly impeded, endangered or affected as a result of force majeure that was not foreseeable at the time of conclusion of the contract, both the tour operator and the Traveller may terminate the contract solely in accordance with this provision.

If the contract is terminated in accordance with the preceding paragraph, and the travel contract included a flight, any additional costs for the Traveller's return flight shall be borne equally by the Traveller and iQ onTour. Otherwise, iQ onTour is only entitled to reasonable compensation for the travel services already provided.

12. Cancellation Fees

The Traveller is entitled to withdraw from the contract at any time before the start of the trip. The date on which the notice of withdrawal is received by iQ onTour is decisive. In the event of withdrawal, iQ onTour is entitled to reasonable compensation, the amount of which depends on the point in time of withdrawal from the travel contract. iQ onTour makes use of the option to charge a flat-rate compensation as follows:

up to 28 days before the start of the trip: 50%,
between 27 and 14 days before the start of the trip: 80%,
from 13 days before the start of the trip: 100% of the agreed travel price.

The same compensation rates also apply in the event of withdrawal by iQ onTour due to non-payment by the Traveller (see also clause 2 of these terms).

If the trip is not undertaken, or individual services are not used, the claim to payment of the full travel price remains in effect. As a general rule, iQ onTour will take into account any savings, provided these are actually demonstrable and significant.

The Traveller remains entitled to prove that iQ onTour incurred no loss, or a substantially lower loss.

13. Warranty, Remedy, Termination, Reduction of Limitation Period

If, in the Traveller's view, the travel services are defective, iQ onTour must be informed of these defects without delay so that a remedy can be provided. Should notice of the defect not be given, the Traveller will consequently be unable to assert any claims (price reduction, damages) in respect of these defects. Termination of the travel contract by the Traveller is only possible once the Traveller has set iQ onTour a reasonable deadline for providing a remedy, unless the remedy is impossible or is refused by iQ onTour.

Regardless of the immediate notification of any defect on site, the Traveller must assert any claims directly with iQ onTour within one month of the contractually scheduled end of the trip. Written form is recommended for asserting such claims. Assignment of claims is excluded.

14. Dispute Resolution Proceedings Before a Consumer Arbitration Board

iQ onTour is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings.

15. Limitation of Liability

Contractual Limitation of Liability

The contractual liability of iQ onTour for damages that do not result from injury to life, body or health is limited to the travel price

insofar as damage to the Traveller was caused neither intentionally nor through gross negligence, or
insofar as we are responsible for damage caused to the Traveller solely due to the fault of a service provider.

Tortious Limitation of Liability

The tortious liability of iQ onTour for property damage not based on intent or gross negligence is limited to the travel price. This liability cap applies per customer and per trip. Any claims that may extend beyond this in connection with luggage under the Montreal Convention remain unaffected by this limitation.

Exclusion of Liability for Third-Party Services

iQ onTour is not liable for service disruptions, personal injury or property damage in connection with services that are merely arranged as third-party services (e.g. excursions, sporting events, transport to and from the specified departure and arrival points, medical transport), provided these services are expressly and clearly identified as third-party services in the brochure or booking confirmation.

16. Prohibition of Assignment

The assignment of claims arising from or in connection with the travel contract is excluded.

17. Travel Insurance

Unless expressly stated otherwise, travel insurance is not included in the travel prices. We recommend taking out trip cancellation, travel liability, health and accident insurance. For certain trips (for example diving or motorcycle tours), specific insurance policies are mandatory; these mandatory insurance requirements are stated in the booking confirmation.

Insofar as iQ onTour offers travel insurance, this constitutes merely a brokerage service. The insurance contract is concluded exclusively between the customer and the specified travel insurer. Premiums for any insurance offered are not part of the travel price and are due for payment immediately upon conclusion of the insurance contract. Concluded insurance contracts generally cannot be withdrawn from.

18. Note on the Limitation of Liability in International Air Transport

Liability for carriage by international air transport, in the event of death or bodily injury of travellers, delay of travellers and/or luggage, and the destruction, loss or damage of luggage, is subject to the provisions of the Warsaw Convention or the Montreal Convention, as applicable.

19. Right of Withdrawal

The trips we offer are package trips comprising various services combined in a single travel contract. A right of withdrawal does not apply to these travel contracts.

20. Place of Performance and Jurisdiction

The place of performance is either Hurghada or Cairo, depending on the departure point of the trip. Hurghada, as the registered seat of iQ onTour Ltd., is agreed as the place of jurisdiction in all cases.