Terms of service
Terms of service
General Terms and Conditions
The following travel conditions are part of the travel contract between the travellers and Rotana Tours GmbH. They supplement the provisions of the Travel Contracts Act (Section 651a-k of the German Civil Code (BGB),Federal Law Gazette Part 1/1979, p. 509ff) and fill them out. They also take into account the travel law decided
by the German Bundestag on 21 April 1994.
1. Conclusion of the travel contract
With your travel registration you offer us, binding for you, the conclusion of a travel contract. Registration can be made in writing, orally, by telephone or via a computer reservation system. It shall also be carried out by the applicant for all participants included in the application, whose contractual obligation the applicant is entitled to as well as to his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. All discounts, such as child reductions, must be requested upon registration.The contract is concluded with acceptance by us if we have sent the written travel confirmation/invoice to the applicant or the booking office chosen by the applicant. If the content of the travel confirmation differs from the content of the registration, there is a new offer to which we are bound for 10 days from receipt of the travel confirmation. The contract is concluded on the basis of this new offer if you accept the offer within this period by express or conclusive declaration. In the event of conclusion of the contract or immediately thereafter, we will provide or send you the complete travel confirmation directly or through your travel agency.
2. Payment
2.1 At the time of conclusion of the contract, a deposit of 30% of the travel price must be made within 10 days after receipt of the invoice, otherwise the travel declaration is void. The balance is due no later than 60 days before the start of the trip. The travel documents will not be handed over until the final payment has been received.
2.2 If the travel price due is not paid in full until the contractually agreed start of the trip, this entitles us to withdraw from the contract after a reminder. Rotana Tours GmbH may then demand compensation for withdrawal fees in accordance with clause 5.2, unless there is already a significant lack of travel at that time. If you are not in possession of the travel documents at least 7 days before the start of the trip, please contact us or your travel agent.
2.3 Compensation for travel cancellations, processing and rebooking costs as well as insurance premiums are due immediately upon invoice.
3. Benefits
Which services are contractually agreed is determined by the service descriptions in the invitation to tender and from the information referred to in the travel confirmation. The information contained in the call for tenders is binding on Rotana Tours GmbH. However, Rotana Tours GmbH expressly reserves the right, for objectively justified, significant and unforeseeable reasons, to declare a change in the tender before the conclusion of the contract, about which you will of course be informed before booking.
4. Performance and price changes
Changes or deviations of individual travel services from the agreed content of the travel contract are permitted if you have not been brought about by us in good faith and if you are not significant and the total cut of the booked trip is not Affect. This applies in particular to the design and compliance with flight schedules. Shortterm changes in flight times, route guidance and aircraft are often unavoidable. In this respect, we are entitled to change performance at any time. Any claims for warranty benefits shall remain unaffected if the modified services are affected by defects. Rotana Tours GmbH reserves the right to cancel the advertised and confirmed prices in the event of an increase in transport costs or charges for certain services, such as port or airport charges or a change in the prices applicable to the journey in question. Exchange rates to change the extent that their increase per person affects the travel price, provided that there are more than 20 days between the conclusion of the contract and the agreed travel date. In the event of a subsequent change in the price of rice or a change in a substantial travel service, Rotana Tours GmbH must inform you immediately, but no later than 21 days before the start of the trip. Price increases after this date are not permitted. In the event of price increases of more than 8% or in the event of a significant change in a material travel service, you are entitled to withdraw from the travel contract without any fees or to demand participation in a trip of at least equivalent value if Rotana Tours GmbH is in the is able to offer such a trip for you from its offer at no extra cost.
5. Withdrawal by the customer, rebookings, substitute
If a third party enters into the contract, he and the traveller shall be jointly and severally liable to Rotana Tours GmbH as joint and several debtor for the travel price and the additional costs incurred by the entry of the third party.
6. Unused benefit
If you do not use all or part of your travel services, Rotana Tours GmbH will not refund the equivalent. However, you reserve the right to prove any expenses incurred by the tour operator or any minor damage incurred by Rotana Tours GmbH.
7. Resignation and termination by Rotana Tours GmbH
Rotana Tours GmbH may withdraw from the travel contract or terminate the travel contract after the start of the trip in the following cases:
7.1 Termination of the travel contract without notice for good cause. If you permanently interfere with the performance of the trip, regardless of a warning from Rotana Tours GmbH, or if you behave in such a way that the immediate cancellation of the contract is justified. If Rotana Tours GmbH terminates, it retains the right to the travel price, but it must be credited with the value of the expenses saved and the benefits it obtains from any other use of the unused service, including the sums well paid to it by the service providers.
7.2 Cancellation up to 2 weeks before the start of the trip: if a minimum number of participants is not reached, which has been advertised or stipulated by the authorities, if a minimum number of participants is indicated in the travel invitation for the corresponding trip. In any case, Rotana Tours GmbH is obliged to inform you immediately after the condition for the non-execution of the trip has occurred and to forward the declaration of withdrawal to you immediately. You will receive the paid travel price back immediately. If it can already be seen at an earlier stage that the minimum number of participants cannot be reached, Rotana Tours GmbH has to inform.
7.3 Cancellation up to 4 weeks before the start of the trip: If the execution of the trip after exhausting all possibilities is not reasonable for Rotana Tours GmbH because the booking volume for this trip is too low that Rotana Tours GmbH is able to carry out the costs of exceeding the economic victim limit in relation to that trip.However, Rotana Tours GmbH only has a right of withdrawal if it is not responsible for the circumstances (e.g.no calculation error) and it proves the circumstances leading to his resignation and if it offers you a comparable replacement offer. submitted. If the trip is cancelled for this reason, you will receive the paid travel price back mediately. In addition, your booking expenses will be refunded to you on a flat-rate basis, provided that you do not make use of a replacement offer from Rotana Tours GmbH.
8. Cancellation of the contract due to exceptional circumstances
If the journey is significantly impeded, endangered or impaired as a result of force majeure that cannot be foreseen at the time of conclusion of the contract, both Rotana Tours GmbH and you may terminate the contract. If the contract is terminated, Rotana Tours GmbH may demand appropriate compensation for the travel services already provided to u or to be performed at the end of the trip. Furthermore, Rotana Tours GmbH is obliged to take the necessary measures, in particular if the contract includes the return transport, to transport you back. The additional costs for the return transport shall be borne by the parties in half. In addition, the additional costs are yours.
9. Warranty / Obligation to cooperate
10. Liability of the tour operator
11. Limitations of Liability
11.1 The contractual liability of Rotana Tours GmbH is limited to three times the travel price in the case of damage other than bodily injury, insofar as damage to the traveller is not caused intentionally or through gross negligence or – insofar as Rotana Tours GmbH is responsible for damage caused to the traveller solely due to the fault of a service provider. 11.2 Rotana Tours GmbH shall be liable for all claims for damages against Rotana Tours GmbH for tort, which are not based on intent or even gross negligence, in the event of personal injury up to € 75,000.00 and in the case of property damage up to € 4,000.00. If the travel price is less than € 1,333.00, the liability is limited to the amount of three times the travel price. The maximum amounts of liability apply per customer and trip. 11.3 If international conventions or legal provisions based on such legal provisions apply to a travel service to be provided by a service provider, according to which a claim for damages arises or can be asserted only under certain conditions or restrictions or is excluded under certain conditions, Rotana Tours GmbH may rely on this.
11.4 Insofar as Rotana Tours GmbH is a contractual carrier, Rotana Tours GmbH may be liable in addition to the actual carrier in accordance with the provisions of the Aviation Act in connection with the International Conventions of Warsaw, The Hague, Guadalajara, the Additional Agreements for flights to and from the USA and Canada and others (Montreal Convention). The Warsaw Convention and the Additional Agreements for U.S. and Canada Traffic generally limit the carrier’s liability for death or bodily injury, as well as for loss and damage to baggage. If Rotana Tours GmbH is the position of carrier during sea trips, liability is governed by the provisions of the German Commercial Code (HGB) and the Inland Navigation Act.
11.5 You must be responsible for your participation in sports and other holiday activities. Sports facilities, equipment and vehicles should be checked before use. Rotana Tours GmbH is only liable for accidents that occur during sports activities and other holiday activities if Rotana Tours GmbH is at fault. Prerequisite for participation in these trips is a perfect health status as well as tropical and diving suitability.
11.6 Rotana Tours GmbH is not liable for performance disruptions in connection with services that are merely mediated as third-party services (e.g. excursions, sports events, visits, car rentals) and are expressly marked as third-party services in the travel advertisement.
11.7 Rotana Tours GmbH recommends that you take out a travel accident/sickness and luggage insurance
12. Exclusion of claims / limitation period
12.1 All your claims under Section 651c-f of the German Civil Code (BGB) must be asserted against Rotana Tours GmbH within 2 years of the contractually agreed end of the journey. After the expiry of the period, you can only assert claims if you were prevented from complying with the deadline through no fault of your own.
13. Passport, visa, foreign exchange, health regulations, travel regulations
13.1 In this invitation to tender, Rotana Tours GmbH informs you about the passport and visa requirements as well as about the sanitary formalities required for the respective trip and stay. It also sets out the deadlines for obtaining passport and visa documents. However, they are responsible for complying with all the rules that are important for the implementation of the journey. All disadvantages resulting from non-compliance with these regulations shall be borne by the traveller, except if they are caused by incorrect or non-information by Rotana Tours GmbH in this invitation to tender (information page). According to the above information obligation of Rotana Tours GmbH, you must obtain information about the passport, visa and health regulations from the respective consulate yourself and on your own responsibility and comply with the required deadlines.
13.2 If entry regulations are not complied with, so that you are prevented from travelling, Rotana Tours GmbH may charge you with the corresponding cancellation fees.
14. Flight times
As Rotana Tours GmbH announces flight times before sending the tickets, this is subject to change by the airline. Connection and return flight times must be reconfirmed by the airline at the earliest 3 days before the respective flight date. Rotana Tours GmbH is not liable for flight delays and delays, insofar as these are not due to the fault of Rotana Tours GmbH, even if the airline has effectively excluded its liability in this respect.
15. Travel insurance
When you take out travel insurance through Rotana Tours GmbH, the insurance relationship is concluded exclusively between you and the insurance company. It is your sole responsibility to comply with the obligations arising from the insurance contract and to assert the rights arising from it against the insurance company. Rotana Tours GmbH acts as an intermediary here and is not liable for the insurance.
16. Insolvency protection
In the event of insolvency, Rotana Tours GmbH has ensured that, in so far as travel services are cancelled, you will be reimbursed for the travel price paid and, in this respect, necessary expenses for a contractually agreed return trip.
17. Place of jurisdiction
Rotana Tours GmbH’s place of jurisdiction is according to its registered office in Cologne. German law and the jurisdiction of German courts are agreed.
Tour Operator: Rotana Tours GmbH, Flach-Fengler-Str. 62-64, 50389 Wesseling
Important note on the pilgrimage
Dear Traveller, In connection with your upcoming pilgrimage, we would like to draw your attention to the specific features of this trip.
Saudi Arabia has special entry and exit regulations. When you leave Germany, you must be at the airport 4 hours before your departure. Upon entry, you must leave your passport to the local authorities for storage until departure.
Upon arrival, you will receive 2 transfer checks. They must always be carried along. Rotana Tours GmbH expressly points out that no liability is assumed for cases that should result from the violation of this condition.
These two checks cover all transport in Saudi Arabia, as well as stays in the tents in Mina and Arafat. This service is provided by the Saudi government.
Rotana Tours GmbH assumes no liability for this.
When you return from Saudi Arabia, it is extremely important to be on the airport 12 hours before departure.
Rotana Tours GmbH wishes you a pleasant journey.