Terms and Conditions
Table of Contents
1. Terms and Conditions of Website Use
1.1. Acceptance of Terms
By accessing or using this website (“Site”), you agree to comply with and be bound by these Terms and Conditions of Use (“Terms”). If you disagree with these Terms, please do not use the Site. Your Site use is also subject to all applicable laws and regulations.
1.2. Use License
Osiris Tours grants you a limited, non-exclusive, non-transferable, revocable license to access and use the materials (information or software) on the Site for personal, non-commercial purposes. This license does not allow you to:
- Modify, copy, or redistribute the materials;
- Use the materials for any commercial purpose, public display, or distribution;
- Attempt to decompile or reverse engineer any software on the Site;
- Remove any copyright or other proprietary notices;
- Transfer the materials to another person or “mirror” them on any other server.
This license will automatically terminate if you violate these Terms or engage in any unauthorized use of the materials. Upon termination, you must immediately destroy any downloaded materials in your possession, whether in electronic or printed format.
1.3. Disclaimer
The materials on this Site are provided on an “as is” and “as available” basis. Osiris Tours makes no warranties, expressed or implied, regarding the accuracy, reliability, or completeness of the materials, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Site is at your own risk.
1.4. Limitation of Liability
In no event shall Osiris Tours, its affiliates, or its suppliers be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of data, profit, or business interruption, arising from your use or inability to use the Site or the materials therein, even if Osiris Tours has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
1.5. Revisions and Errata
The materials on the Site may contain inaccuracies or typographical errors. Osiris Tours does not guarantee that the materials are accurate, complete, or current. We reserve the right to change the materials on the Site at any time without prior notice. However, we are committed to keeping the Site updated and accurate to the best of our ability.
1.6. External Links
The Site may contain links to third-party websites not controlled or maintained by Osiris Tours. We are not responsible for the content or practices of these external sites. The inclusion of any link does not imply endorsement by Osiris Tours. Your use of linked websites is at your own risk, and we encourage you to review the terms and policies of any site you visit.
1.7. Modifications to Terms
Osiris Tours may update or revise these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. We will endeavor to notify users of significant changes, but it is your responsibility to review the Terms periodically. Your continued use of the Site following the posting of changes constitutes your acceptance of the revised Terms.
1.8. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any disputes arising from or related to your use of the Site shall be resolved exclusively in the state courts located within New Jersey.
1.9. User Responsibilities
As a user of this Site, you agree to use the Site and its services responsibly. You must not engage in any activities that could harm the Site, its functionality, or other users. This includes but is not limited to uploading malicious software, attempting to gain unauthorized access to the Site, or using the Site for unlawful activities.
1.10. Privacy Policy
Your Site use is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in the Privacy Policy.
1.11. Indemnification
You agree to indemnify, defend, and hold harmless Osiris Tours, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from your breach of these Terms or your use of the Site.
1.12. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which will continue in full force and effect.
1.13. Entire Agreement
These Terms, together with any other legal notices or policies published by Osiris Tours on the Site, constitute the entire agreement between you and Osiris Tours regarding your use of the Site, superseding any prior agreements between you and Osiris Tours related to your use of this Site.
1.14. Waiver
The failure of Osiris Tours to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Osiris Tours.
1.15. Termination
Osiris Tours reserves the right to terminate or suspend your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
2. General Terms and Conditions for Travel Services
To all trips organized by Osiris Tours travel agency, this present General Terms and Conditions for Travel Services (GTC) and those set forth in the individual Travel Contracts, orders, order confirmations, and any other catalogs or information material handed over or published online (web) shall apply. All information included in the online catalogs of Osiris Tours, the description of the booked accommodation, the content of the online order, as well as the present GTC, and all information provided in the course of concluding the individual contracts or in online confirmation, shall all constitute an integral part of the travel contract.
2.1. Conclusion and Modification of the Contract
- The Travel Contract is concluded when the Passenger has ordered the trip, has paid the advance of the participation fee or the participation fee in full, Osiris Tours has registered the application, and has notified the Passenger of this in writing by handing over or sending a copy of the contract online. If the passenger does not provide a signed copy of the contract but behaves as if they are participating (e.g., passenger pays fees, provides deposit), then the contract will be considered valid by Osiris Tours.
In case the Passenger (principal) does not act personally, their agent may do so, and the Passenger will assume all rights and obligations resulting from the Travel Contract. The agent is obliged to promptly hand over all documents and information related to the Travel Contract to the principal. Should the acting person fail to attach an authorization, Osiris Tours is not obliged to investigate whether the agent represents the Passenger in a legal manner, and the acting person shall be financially fully responsible for Osiris Tours and all potential damages and expenses arising in Osiris Tours’ scope of interest as a result of acting without proper authorization.
Should the Passenger provide false data (telephone number, email address, date of birth) when submitting an application, Osiris Tours may not be held responsible. - The time period of the trips, the definition, category, and quality of the individual services, the method of performance, the participation fee, and other conditions and important information are included in the online catalog published by Osiris Tours as well as in the confirmation of the order. Osiris Tours is obliged to promptly notify the Passenger of any potential changes in the contracting data.
- Osiris Tours reserves the right to change the services included in the contract—namely: accommodation, transportation, programs—as well as the right to modify them in proportion to the changes in exchange rates within reasonable limits and within the same service category. Osiris Tours must notify the Passenger in writing of the fact of and reason for such changes promptly. If the Passenger does not challenge the modification within 3 days or immediately on the spot, it shall be regarded as accepted.
- Passengers should provide special requests to Osiris Tours, who will try to honor them but cannot guarantee their completion except for those who have paid a surcharge. If Osiris Tours is unable to fulfill such requests, the payment will be refunded to the Passenger on the spot.
2.2. Participation Fee Payments, Terms, Administration Fee
- The participation fee includes the fees for the services defined in the program and the online catalog as well as Osiris Tours’ administrative and organization fees (“participation fee”). The participation fee does not include visa fees, airport charges, fees for optional programs payable on the spot, the deposit, tourist tax, education, and any fees charged for taking luggage bags greater than specified on the website.
- Osiris Tours stated the prices in the online catalog in USD. Prices stated in any other currency are for information purposes only.
- Osiris Tours reserves the right to raise the total participation fee if the exchange rate and/or the fuel prices increase, resulting in an increase of less than 8% of the total participation fee. If the foreign exchange rate and/or the fuel price increase results in more than an 8% increase in the participation fee and the Passenger does not accept it, the Passenger has the right to withdraw. Osiris Tours is obliged to inform the passengers about the fee increase and whether they have the right to withdraw.
- Upon application, an advance is to be paid, which is 30% of the current participation fee, provided Osiris Tours has not defined other conditions regarding this. The rest of the payment—the full participation fee—is to be paid by the Passenger no later than 90 days before departure without any further notification. If the Passenger’s application is made less than 90 days before the departure date, the full 100% participation fee is due immediately. If the Passenger misses the payment deadline, Osiris Tours adds a penalty fee to the contract ($20/day) and cancels all the discounts that were given before. If the Passenger fails to pay the participation fee after 8 days of the first demand note, the Travel Contract will be considered canceled, and a forfeit will be charged as per Section 2.3.3 below.
- Should the Passenger use services not included in Osiris Tours’ program and not paid for in advance, they are obliged to pay for these on the spot and in the given currency. Osiris Tours takes no responsibility for such services (meals, transportation, programs, etc.). Osiris Tours provides information on any potential extra charges (tourist tax, deposit, etc.) to be paid on the spot in advance. Osiris Tours is not responsible for changes in these prices.
- Osiris Tours accepts the following methods of payment. The Passenger shall be responsible for any credit card processing or foreign transaction fees charged to Osiris Tours, which shall not be considered part of the participation fees. Payment shall be considered fulfilled when the amount has been credited to Osiris Tours’ bank account.
- Passengers must make clear their claim to discounts upon order and provide proof. Any claims for discounts after the contract has been drafted will be disregarded by Osiris Tours.
- If the Passenger has any outstanding amount owed to Osiris Tours, they will not be allowed to check into their accommodations until the bill is settled on the premises.
- Osiris Tours reserves the right to prepare special discounted packages for students, which can only be ordered if the Passenger is actively participating in higher education. Osiris Tours reserves the right to check and inspect proof of enrollment both upon initial ordering and when the trip begins. If the passenger does not provide active student identification or other proof of enrollment, then they are obliged to pay the full price. Failure to do so may result in a ban, and Osiris Tours has the right to withhold service.
- An administration fee will be added to the package price. It covers all the costs related to the application and handling of the contracts of the Passengers. If the passenger does not travel because the United States Department of Homeland Security has classified a country as a non-recommended destination, the Organizer is obliged to reimburse the participation fee—after deduction of the administration fee—according to these General Terms and Conditions (GTC).
2.3. Termination of the Contract and Its Legal Consequences (Cancellation Terms)
2.3.1 Termination by Osiris Tours
- Osiris Tours may withdraw from the contract 5 days before the planned start date of the trip by making a statement in writing. This may happen, especially but not exclusively, when:
- Upon concluding the contract, such unforeseen external circumstances arise (force majeure, endangering human life, health, property, security, etc.) which make the performance of the travel impossible; or
- The number of applicants is less than the specified minimum number of Passengers. Should the number of applicants for a bus trip be less than the minimum number of applicants specified by Osiris Tours, Osiris Tours may again withdraw from the possibility of starting the bus trip 5 days prior to the planned start date by making a written statement on it. In such an instance, the price of the bus trip is fully refunded. Should the method of travel be modified for such reasons, the Passenger does not have the right to withdraw from the trip.
- If the minimum headcount necessary for the bus is not met, but Osiris Tours still provides a bus, Osiris Tours reserves the right to charge extra fees, which cannot exceed half of the full price of the bus. In these cases, passengers can choose if they want to pay the extra fee or if they decline the contract.
- In case Osiris Tours withdraws from the contract for reasons falling outside the Passenger’s scope of interest, the Passenger may claim substitute services with at least a value equaling the originally offered services, provided Osiris Tours has the possibility to ensure such. In case the substitute services are of less value than the originally offered services, Osiris Tours is to refund the difference between the original and substitute services to the Passenger. In the event Osiris Tours is not able to provide substitute services or the Passenger does not accept the offered substitute services, the Passenger may claim the full refund of the paid participation fee.
2.3.2 Termination by the Passenger
- The Passenger may withdraw from the contract at any time prior to the start date of the trip by signing a statement either in writing or personally—or in writing by an authorized agent. The withdrawal from the contract enters into effect upon justified receipt of the signed statement by Osiris Tours. Should the Passenger not take part in the trip without prior written notification, it shall be regarded as a withdrawal of the contract; in such an event, the date of withdrawal is the start date of the trip. In case the Passenger withdraws from the contract for reasons deemed acceptable and refundable under the terms of this Contract, the Passenger shall forfeit the following funds to Osiris Tours:
- More than 90 days prior to the first day of the trip: 30% of the whole package price
- 60-89 days prior to the first day of the trip: 50% of the whole package price plus any non-refundable paid fees (e.g., non-refundable airfare and/or cruise or hotel deposits)
- 30-59 days prior to the first day of the trip: 70% of the whole package price plus any non-refundable paid fees (e.g., non-refundable airfare and/or cruise or hotel deposits)
- 29 days prior to the first day of the trip or no-show: 100% of the whole package price
- The Passenger expressly consents to Osiris Tours deducting the amount of the forfeit from the paid advance or participation fee. The administration fee will be deducted in addition to the above-mentioned amount, regardless of the date of termination and the amount paid.
2.3.3 Special Conditions for Termination
- The Passenger hereby acknowledges that they are aware of the fact that either the destination country, transit countries, or the United States may require a negative test and/or quarantine obligation due to COVID-19 as a condition of travel. Reasons such as lack of COVID-19 vaccination, unaccepted COVID-19 vaccination by the destination or transit countries, or any other reason do not result in non-performance or impossibility of the travel contract. If the Passenger withdraws from the contract under such circumstances, they are obliged to pay a forfeit as detailed in Section 2.3.2.
- If the Passenger withdraws from the contract because Osiris Tours intends to significantly modify the content of the Travel Contract or the announced programs, the Passenger is entitled to the rights specified in Section 2.3.1.
- If the Passenger is excluded from the trip due to their own fault—such as violating laws, negligence, recklessness, or other such conduct outside Osiris Tours’ control—or if the Passenger excludes themselves or decides not to use any services, the Passenger does not have the right to claim a proportional refund of the participation fee, including Osiris Tours’ organization fee. Osiris Tours does not take any responsibility for such instances when the Passenger is excluded from the trip due to violating respective laws and legal regulations. Osiris Tours is not obliged to mediate with local authorities.
- Where a trip modification is requested and possible, the Passenger shall be responsible for all fees incurred, which shall include an additional administration fee to Osiris Tours. This fee shall be due and payable to Osiris Tours immediately upon the modification being booked by Osiris Tours.
- If, due to an epidemic situation or other emergency, any law or edict lays down rules for cancellation different from the above, the provisions laid down in the effective legislation shall apply.
- If the final destination or the transit countries require an immunity card and/or negative PCR test, and if the Passenger cannot take part in the trip due to failure to produce the same or refusal by the country or transit company to accept the same, the Passenger is not entitled to claim damages or any refunds.
2.4. Passport, Visa, Transfer of Rights, Insurance
- The Passenger is obliged to take care of his/her passport and visa and must also comply with the current regulations regarding passports, customs, visas, foreign currencies, health matters, etc. All responsibilities, costs, and damages arising from failure or violation are to be borne by the Passenger, even when these are not attributable to the Passenger (e.g., the passport was stolen).
Information on such regulations is available at the delegations of the destination country or at the United States Department of State. It is the Passenger’s responsibility to obtain information on the route as well as the destination and transit countries, and he/she shall be responsible for any obligations arising from failing to do so. - The Passenger may be entitled to transfer his/her right to the trip specified in the Travel Contract to a third person until 90 days before the start date of the travel package, provided Osiris Tours takes note of this. Such third person shall comply with those set forth by the Travel Contract and must acknowledge the Travel Contract by his/her signature as well as pay any potentially arising extra costs. Due to third-party terms such as with airlines, bus companies, hotels, etc., transfer of the Passenger’s rights to the trip may not be allowed, and in such event, the Passenger must continue under the terms of this Agreement.
- The participation fee does not include accident, health, and luggage insurance, nor does it cover cancellation insurance; these may be taken out at Osiris Tours Travel Agency and other agencies based on current insurance offers. The costs of accident, health, and luggage insurance are to be paid on top of the participation fee. Under no circumstances may Osiris Tours be held responsible for damages arising from failing to take out a policy. The Passenger agrees to pay any costs on the spot arising due to accident, illness, or other damages, and Osiris Tours or its representative may not be obliged to cover such costs.
2.5. Defective Performance Responsibility
- The Passenger shall be responsible for any damages caused during the trip to a third party.
- In case the non-contractual delivery of performance or the damage the Passenger suffers can be traced back to reasons arising from the Passenger’s behavior, the Passenger may not validate any claims against Osiris Tours.
- Osiris Tours warns the Passenger that all legal regulations of the United States, as well as those of the destination country, shall be complied with. In accordance with this, no drugs may be used or possessed during the trips. Osiris Tours reserves the right to check compliance with this. Should this provision be violated or the checking process be hindered, Osiris Tours reserves the right to exclude the Passenger from the trip. In such an event, the Passenger may not claim the refund of the participation fee, nor may claim compensation from Osiris Tours.
2.6. Transportation and Hotels
- Osiris Tours shall not be responsible to the Passenger for any failure on the part of any transportation or hotel company, agency, employee, entity, representative, etc., with regard to any failure on the part of the transportation or hotel company, agency, employee, entity, representative, etc., to fulfill the terms of the Passenger’s trip to the Passenger’s satisfaction.
- Osiris Tours has special contract airfares with the air carriers. These special fares have several restrictions. Once airline tickets have been issued, these tickets are non-refundable, non-transferable, non-rerouteable, and non-changeable without total loss or penalty.
- Osiris Tours communicates the types, the definition of the main characteristics, classification as per the host country, and the comfort level of the hotels and accommodations provided in the contract in the online catalog and in the individual Travel Contracts (order – -confirmation) in writing. The stated categories of accommodation are always in accordance with the local classification rules and do not necessarily meet the applied classification rules in the United States. Further information on this can be obtained from the online catalog.
- All photo material of accommodations and their interiors (room interiors and other details) are for information purposes only. No hotel room or accommodation matching exactly the published photo materials may be guaranteed or demanded.
- Osiris Tours guarantees accommodation other than the generally provided (single bed, sea/mountain view room with special amenities, etc.) only based on the Passenger’s preliminary order—and payment for such—and upon written confirmation of this.
- Osiris Tours reserves the right to change the hotel or accommodation within the same price range and category.
2.7. Objections, Complaints
- Should the Passenger have any complaints regarding the services, he/she should immediately contact Osiris Tours. For any damages resulting from delayed communication, the Passenger shall be liable.
- Passengers may make complaints and lay claims to Osiris Tours for up to 5 days after the end of the trip (starting the day after arriving home). These complaints will only be vindicated if a detailed report is included in the complaint, along with any and all documents that may be needed to judge the situation. Osiris Tours will examine the case within 30 days of receiving the complaint and answer the claim in the manner befitting the complaint.
2.8. Luggage
- The Passenger is responsible for the safekeeping of his/her luggage. Osiris Tours does not take responsibility for luggage lost on transportation vehicles, accommodation, or program venues.
- The Passenger shall be responsible for ensuring that all luggage complies with the size and weight limits of all airlines, buses, and/or other transportation the Passenger is scheduled to utilize.
- To all travels by air, the air transporter’s luggage rules shall apply.
2.9. Miscellaneous
- The Passenger acknowledges that Osiris Tours, its contracted partners, contributors, media partners, other visitors, and other third parties may make sound and video recordings during events. These recordings may include the Passenger’s likeness, voice, and actions. However, Osiris Tours and its partners will only use these recordings for any purpose, including promotional purposes, if the Passenger has provided explicit, written consent. The use of the Passenger’s name in any material will also require their express written consent.
In all cases, including when the Passenger is a public figure, explicit written consent is required for the use of the Passenger’s name, likeness, voice, or actions in any recordings or materials. The Passenger has the right to request the removal of any such recordings from use at any time.
Osiris Tours agrees that the Passenger will not be required to provide consent as a condition of booking or participating in any trip. No recording, utilization, publication, or distribution of the Passenger’s likeness will occur without their explicit, written consent. - The Passenger declares by purchasing a trip or a travel package that he/she will not travel abroad in the previous 14 days before the event. In the previous 14 days before traveling, you will not be in contact with a person who has been confirmed to be infected with COVID-19. You should not take part in the trip if you have any of these symptoms: fever, dry cough, fatigue, difficulty breathing, loss of smell or taste.
- In the absence of gross negligence or willful conduct by Osiris Tours, in consideration of services rendered and other valuable consideration, the Passenger, his/her heirs, beneficiaries, executors, administrators, employers, agents, representatives, insurers, and attorneys, to the fullest extent allowed by law, does hereby release and discharge Osiris Tours, its owners, officers, shareholders, employees, and agents from any and all claims and causes of action for personal property damage or loss, personal medical or hospital costs (including air, land, or sea evacuation), personal illness or bodily injury, pain and suffering, emotional distress, or death, personal economic impairment, and other consequential losses that may arise during and/or as a result of the undersigned’s travel, transit, or participation in any activity associated with such travel or transit.
- Limitation of Liability: In no event shall Osiris Tours be liable to the Client for any indirect, special, liquidated, or consequential damages or lost profits arising out of or relating to Osiris Tours’ products/services or its performance or non-performance or any delays in trip completion. Osiris Tours’ liability, if any, to the Passenger shall in no event exceed the total amount paid to Osiris Tours by the Passenger.
- Dispute Resolution & Governing Law: In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement, which are not affected by the dispute. If the parties cannot, by the exercise of their best efforts, resolve the dispute, any litigation must be brought in the federal or state courts located in New Jersey. The federal or state court of New Jersey shall have jurisdiction to hear any dispute under this Agreement. The Parties agree that the laws of the State of New Jersey shall be utilized in construing this Agreement and in enforcing the rights and remedies of the Parties. In the event of litigation, the Parties shall each bear their own costs and attorney fees incurred in connection with this Agreement, and each waives the right to make a claim against the other for such costs, attorney fees, or any other expenses.
- Sales Tax: Any sales tax applicable to services procured for the Passenger by Osiris Tours shall be the Passenger’s responsibility.
- No Assignment: Neither the Passenger nor Osiris Tours may assign their respective interests in this Agreement without the written consent of the other.
- Severability: Any provision of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon both the Passenger and Osiris Tours.
- Complete Understanding: This Agreement is a complete statement of the Passenger’s and Osiris Tours’ understanding. No representations or agreements have been made other than those contained in this Agreement. This Agreement can be modified only in writing, signed by both Osiris Tours and the Passenger.
- Force Majeure: In no event shall Osiris Tours be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by direct or indirect forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services; it being understood that Osiris Tours shall use reasonable efforts consistent with accepted practices in the travel industry to resume performance as soon as practicable under the circumstances.