Terms and Conditions and Privacy Policy

1. Scope

These Terms and Conditions apply to all contracts between Diver on Tour and its customers for the services offered on the website or through other booking channels. These include, in particular, diving trips, dive training, snorkelling tours, liveaboards, cultural tours, airport transfers and related additional services.

Any deviating terms of the customer shall not become part of the contract unless Diver on Tour expressly agrees to their validity in text form.

2. Provider / Contractual Partner

The contractual partner is:

DiveTec Egypt / Diver on Tour
Hassan Hamdy Ibrahim Street
Hurghada, Red Sea Governorate, Egypt 84511
Commercial Register No.: 183000

Authorized representatives / Management:
Sven Steuer
Mohamed Ahmed Hussein

Email: Touren@diverontour.com
Website: www.diverontour.com

3. Subject Matter of the Contract

Diver on Tour offers tourism-related and sports-related services in Egypt. The specific scope of services is determined by the respective service description on the website, the individual offer, the booking confirmation and, where applicable, supplementary information provided as part of the respective booking.

Where individual services are provided by third-party providers and Diver on Tour acts solely as an intermediary in this respect, the customer will be informed of this separately before the contract is concluded or in the booking confirmation. In this case, the contractual and transport conditions of the respective service provider shall also apply.

4. Booking and Conclusion of Contract

The presentation of services on the website does not yet constitute a legally binding offer. A booking may be made via the online booking system, by email, by telephone, via WhatsApp or by any other direct means.

By submitting a booking request, the customer makes a binding offer to conclude a contract. The contract is only concluded when Diver on Tour expressly confirms the booking or actually provides the booked service.

The customer is obliged to provide all information completely and correctly. This applies in particular to names, contact details, travel dates, health information, diving certifications, flight times and hotel details.

5. Prices and Payment Terms

The prices stated at the time of booking shall apply unless otherwise agreed individually. All prices are stated in euros unless another currency is expressly specified.

Deposits, final payments, payment deadlines and accepted payment methods are determined by the respective offer, the booking confirmation or the specific service page. Unless expressly agreed otherwise, there is no entitlement to the performance of the service without full or timely payment.

Additional services that are not expressly included in the booked scope of services will be charged separately.

6. Changes to Services

Diver on Tour is entitled to make minor changes to the service if such changes become necessary after the contract has been concluded, do not affect the overall character of the booked service and are reasonable for the customer.

In particular, changes to diving, snorkelling, transfer and excursion services may become necessary due to weather conditions, sea conditions, official requirements, safety requirements, technical circumstances, organizational necessities or the protection of guests and staff.

If a material part of the service cannot be provided as agreed, Diver on Tour will, where possible, offer the customer an equivalent replacement service or refund amounts already paid on a pro rata basis for service components not provided, unless mandatory legal special provisions apply.

7. Customer’s Duties to Cooperate

The customer is obliged, at the time of booking and before the service begins, to provide all information relevant to the performance of the service completely and truthfully. This applies in particular to personal data, travel dates, flight times, hotel details, diving qualifications, diving experience, health restrictions and other safety-relevant circumstances.

The customer is also obliged, during the performance of the service, to follow the instructions of dive instructors, guides, boat crew, drivers and other personnel involved, insofar as such instructions serve safety, proper execution or organization.

If the customer violates safety instructions or material duties to cooperate, Diver on Tour is entitled to refuse or terminate participation in whole or in part if this is necessary for safety reasons or to prevent dangers to the customer, other guests or staff.

8. Special Conditions for Diving Services and Dive Training

Participation in dives, dive courses, introductory dives, training measures and other diving-related activities requires that the participant is medically fit, physically capable and in possession of the knowledge, skills and authorizations required for the respective activity.

Each participant is obliged to dive only within the limits of their respective training, certification level, actual experience and according to the instructions of the responsible dive instructors and guides. Unauthorized deviations from briefings, dive plans, depth limits, buddy rules or safety requirements are not permitted.

A valid medical fitness certificate for diving is a prerequisite for participation in diving services if Diver on Tour requires this for the respective service or if this is necessary due to the type of activity, training standard, age or individual health condition. Diver on Tour is entitled to request proof of this before or at the start of the service.

The participant is obliged, before the service begins, to take out and, on request, provide proof of valid diving accident insurance suitable for recreational diving, including hyperbaric chamber costs and, where appropriate or necessary, rescue, recovery and repatriation costs, at their own expense.

If the participant uses their own diving equipment, they are solely responsible for its proper condition, full functionality, maintenance, suitability and safe use. They must independently inspect their equipment before each use. Recognizable defects, malfunctions or uncertainties must be reported immediately; in such cases, the relevant equipment may not be used until the matter has been clarified.

If Diver on Tour provides rental equipment, the participant must inspect it for obvious defects and completeness upon handover and report any recognizable complaints immediately.

Diver on Tour is entitled to refuse or terminate participation in diving services or training measures if required proof is not provided, if there are doubts regarding medical or professional suitability, if appropriate insurance is not proven or if the participant does not follow safety instructions.

12. Liability

Diver on Tour shall be liable in accordance with statutory provisions for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty by Diver on Tour, its legal representatives or vicarious agents.

For other damages, Diver on Tour shall be liable without limitation in cases of intent and gross negligence. In the event of slight negligence in the breach of essential contractual obligations, Diver on Tour shall only be liable for the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

Any further liability of Diver on Tour is excluded to the extent permitted by law.

Where the participant uses their own equipment, Diver on Tour shall not be liable for damage, malfunctions, loss of performance or failures caused by the condition, maintenance, operation, transport, storage or unsuitable use of such own equipment, unless Diver on Tour, its legal representatives or its vicarious agents have culpably caused the damage themselves.

The above limitations of liability shall also apply in favor of the legal representatives, employees, guides, dive instructors and other vicarious agents of Diver on Tour.

8. Special Conditions for Diving Services and Dive Training

Participation in dives, dive courses and other water-related activities takes place on the basis of the applicable safety standards, training guidelines and local requirements. Participation requires that the customer is personally medically and professionally suitable.

The customer is obliged to disclose existing certifications, logbook data, medical limitations and other circumstances relevant to the performance of the service in good time. Diver on Tour is entitled to refuse or restrict participation if there are justified doubts regarding the customer’s medical, professional or safety-related suitability.

For minors, the consent of the legal guardians is required. For dive courses and training measures, the training standards of the respective organization carrying out the training shall also apply.

9. Special Conditions for Transfer Services

Transfer services are planned on the basis of the flight, hotel and passenger data provided by the customer. The customer is obliged to inform Diver on Tour immediately of any changes to flight numbers, arrival times, departure times, hotel changes or contact details.

Pickup times for return transfers are determined on the basis of the available flight data and the required lead time in each case. The customer must ensure that they are ready at the agreed place and at the agreed time.

If delays, additional trips, waiting times or extra effort arise due to incorrect, incomplete or late information, Diver on Tour may charge appropriate additional compensation for this.

10. Withdrawal, Rebooking and Non-Use by the Customer

Any withdrawal, rebooking or change of date must be made at least in text form. Receipt of the declaration by Diver on Tour is decisive.

Unless individually deviating or mandatory statutory provisions apply to the respective service, Diver on Tour is entitled, in the event of withdrawal, to demand reasonable compensation for dispositions already made, reserved capacities, administrative effort and lost usage opportunities.

Different cancellation conditions may apply to certain services, in particular fixed-date dives, excursions, courses, transfers or other leisure and tourism services. In this respect, the details in the respective service description, offer or booking confirmation shall apply.

If the customer does not use booked services in whole or in part without Diver on Tour being responsible for this, there is generally no entitlement to a full or partial refund, unless mandatory statutory rights provide otherwise.

11. Withdrawal or Termination by Diver on Tour

Diver on Tour may withdraw from or terminate the contract if, despite warning, the customer persistently violates duties to cooperate or safety requirements, endangers other guests or staff, has made materially false statements, or if the performance of the service is significantly impeded, endangered or made impossible due to force majeure, official measures, safety risks, weather conditions, technical failures or comparable circumstances.

Services already provided and third-party or own costs that can no longer be canceled may be charged in this case, insofar as this is legally permissible.

12. Liability

Diver on Tour shall be liable without limitation for damages arising from injury to life, body or health insofar as these are based on an intentional or negligent breach of duty. For other damages, Diver on Tour shall be liable without limitation in cases of intent and gross negligence.

In the event of slight negligence in the breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

Any further liability is excluded to the extent permitted by law. Mandatory statutory liability provisions remain unaffected.

13. Notice of Defects

The customer is obliged to report recognizable defects or disruptions of the service immediately on site to Diver on Tour or to the personnel assigned to the service so that remedial action can be attempted. If such notification is culpably omitted, claims may be excluded or reduced insofar as remedial action would have been possible.

14. Image and Media Recordings

Photos and videos may be taken during tours, trips, courses or events. If such recordings are to be used for advertising or publication purposes, this shall only take place in accordance with the applicable data protection and personality rights requirements. Further details are regulated in the privacy policy.

15. Set-Off and Assignment

The customer may only set off claims that are undisputed or have been finally established by a court of law. An assignment of claims against Diver on Tour to third parties is only permissible with the prior consent of Diver on Tour unless a legitimate interest of the customer worthy of protection opposes this.

16. Applicable Law

The law of the Federal Republic of Germany shall apply unless this conflicts with mandatory consumer protection provisions or other mandatory statutory regulations.

17. Final Provisions

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid or unenforceable provision.

Privacy Policy

The protection of your personal data is important to us. We process personal data exclusively within the framework of the applicable data protection laws and only insofar as this is necessary for providing our website, processing inquiries, handling bookings, communicating with our customers as well as ensuring the technical and organizational security of our online services.

1. Controller

The controller responsible for data processing on this website is:

DiveTec Egypt / Diver on Tour
Hassan Hamdy Ibrahim Street
Hurghada, Red Sea Governorate, Egypt 84511
Commercial Register No.: 183000

Authorized representatives / Management:
Sven Steuer
Mohamed Ahmed Hussein

Email: Touren@diverontour.com
Website: www.diverontour.com

Data protection contact: Touren@diverontour.com

2. Purposes and Legal Bases of Processing

We process personal data in particular for the following purposes:

• Provision and technical delivery of the website,
• Processing contact inquiries, booking inquiries and other communication,
• Execution and administration of bookings, reservations and contractual relationships,
• Forwarding and internal processing of booking and contact data to responsible dispatchers and management,
• Fulfillment of statutory retention, proof and documentation obligations,
• Ensuring IT security and preventing misuse,
• Statistical evaluation and optimization of the website where valid consent has been given for this.

Depending on the individual case, processing is carried out in particular on the basis of pre-contractual measures and contract performance, compliance with legal obligations, legitimate interests or consent given by you.

3. Hosting and Server Log Files

Our website is hosted by STRATO. When the website is accessed, technically required information is automatically collected by the hosting provider. This includes in particular the IP address, date and time of access, pages accessed, browser type, operating system and technical connection data.

This data is processed in order to provide the website technically, ensure system security and stability, and trace misuse and disruptions.

Hosting provider:
STRATO AG, Otto-Ostrowski-Straße 7, 10249 Berlin, Germany

4. Contact by Email, Telephone, WhatsApp or Form

If you contact us by email, telephone, WhatsApp, booking form or in any other way, we process the data you provide to handle your inquiry, communicate with you and, where applicable, prepare or perform a contract.

The data processed may in particular include your name, telephone number, email address, hotel information, travel data, flight data, participant data and the content of your message.

Communication and internal processing may also take place by email. The responsible dispatchers and management may access your data insofar as this is necessary to handle your inquiry or booking.

5. Bookings and Contract Performance

In the context of bookings, we process the data required for carrying out the booked services. This includes in particular name, contact data, travel and flight data, hotel details, participant data, booked services, communication content and, where applicable, further information required for the execution of the booked service.

Processing is carried out for the initiation and performance of contracts, customer communication, organization of booked services and fulfillment of legal obligations.

Storage beyond mere technical transmission does not take place solely on the basis of consent, but also where this is necessary for processing inquiries, carrying out a booking or due to statutory retention obligations. Where data concerns purposes beyond this, processing only takes place on the basis of consent or another legal basis under data protection law.

6. Jotform as Form and Booking System

We use Jotform for certain forms and booking processes. If you complete and submit such a form, the data entered by you will be processed through Jotform and transmitted to us.

Processing is carried out for the purpose of handling your inquiry, preparing and carrying out bookings as well as internal organization.

Where Jotform processes personal data in countries outside the European Union or the European Economic Area, this only takes place within the framework of the applicable data protection requirements.

7. Google Analytics 4

Where you have consented to this, we use Google Analytics 4 for the statistical analysis and optimization of our website. In this context, information about your usage behavior, your device, your browser, page views and technical access data may in particular be processed.

Google Analytics is only used where valid consent has been given. You may withdraw or adjust any consent given at any time with effect for the future.

8. Google Maps

Our website may include map and location functions from Google Maps. When a page containing a Google Maps integration is accessed, personal data, in particular technical usage and connection data, may be transmitted to Google.

The integration serves to display locations, routes and location-related information. Where consent is required for the activation of such functions, these will only be loaded after corresponding approval.

9. YouTube

Our website may include videos provided via YouTube. When a page with an embedded YouTube video is accessed, personal data, in particular technical connection data and usage data, may be transmitted to YouTube or Google.

Where technically implemented, we use YouTube’s enhanced privacy mode. Regardless of this, data may be transmitted to Google when the video is actively played or when you interact with it.

10. Recipients and Access to Data

Personal data will only be disclosed where this is necessary for handling your inquiry, carrying out a booking, fulfilling a contract, due to legal obligations or on the basis of a legal permission under data protection law.

Recipients or entities with access rights may in particular include:

• STRATO as hosting provider,
• Jotform as form and booking system,
• Google in connection with Google Analytics, Google Maps and YouTube, where these services are actually used and approved,
• Responsible dispatchers and the management of Diver on Tour, including where they access data in Egypt,
• Service partners, drivers, guides, boat operators or other involved service providers where this is necessary for carrying out the booked service,
• Tax advisors, authorities or other entities where a legal obligation exists.

11. Data Transfers to Third Countries

As part of our business processes or through the use of external services, personal data may be processed by providers based in countries outside the European Union or the European Economic Area. This applies in particular to access from Egypt as well as, depending on the service used, providers such as Google or Jotform.

Personal data may be accessed by responsible dispatchers and management in Egypt insofar as this is necessary to handle inquiries, organize and carry out booked services.

Where no adequacy decision of the European Commission exists for the respective third country, a transfer will only take place in compliance with the legal requirements. Where necessary, we base such transfers on appropriate safeguards within the meaning of data protection law, in particular on the European Commission’s standard contractual clauses, supplemented where necessary by additional protective measures, or on another legally permissible basis.

Further information on the protective mechanisms used in individual cases can be requested at Touren@diverontour.com.

12. Cookies and Consent Management

Our website uses technically necessary cookies and may, depending on integration and approval, also use other services that employ cookies or similar technologies. Non-essential services, in particular analytics, maps or video services, are only used where you have consented to this.

You may withdraw or adjust any consent given at any time with effect for the future.

13. Storage Period

We only store personal data for as long as this is necessary for the respective purposes. This applies in particular to the handling of inquiries, the performance of bookings, communication with customers and the fulfillment of statutory retention obligations.

Where data is processed exclusively on the basis of consent, it will be deleted as soon as the purpose ceases to apply or consent is withdrawn, unless another legal basis exists for further storage.

14. Your Rights

Within the scope of the legal requirements, you have the right to information about the personal data processed by us, to rectification of inaccurate data, to erasure, to restriction of processing, to data portability and to object to certain processing operations.

Where processing is based on your consent, you may withdraw this at any time with effect for the future.

You also have the right to lodge a complaint with a data protection supervisory authority.

15. Obligation to Provide Data

The provision of personal data is in part contractually required. Without the respective necessary information, we may not be able to process inquiries, bookings or the performance of certain services, or may only be able to do so incompletely.

16. No Automated Decision-Making

Automated decision-making, including profiling within the meaning of data protection law, does not take place.

17. Changes to this Privacy Policy

We reserve the right to amend this privacy policy where this becomes necessary due to legal, technical or organizational changes. The version published on this website shall be decisive.