Terms And Conditions
Updated on 21/07/2024
These general terms and conditions (“OCH GTC”), together with the Data Protection Policy (https://ochotours.com/terms.php), govern the use of the OchoGroups online brokerage platform (“OCH Platform”), accessible on (i) https://ochotours.com/ and certain other websites operated by OchoGroups (collectively, the “OCH Website”), and (ii) certain mobile apps published by OchoTours (“OCH Apps”).
The Terms of Service (TOS) are issued by OchoGroups LLC, which includes OchoTours services. The OCH platform is available to users worldwide. Certain portions of these OCH Terms and Conditions apply to you only if you are a resident of a specific country or region.
1. Who we are
We, OchoGroup LLC, registered in the Companies Register of the Court of Delaware under number DE4265030, (“OchoGroups” or “we” or “us/us”) manage the OchoTours platform and are consequently responsible for it. Our platform is available worldwide in several languages and is fast and easy to use.
We operate the OchoTours platform as a brokerage platform on which guided tours and tourism activities (collectively “Activities”) are offered online from a variety of local activity providers, such as amusement parks, museums, tour guides or boat tours around the world (“Suppliers”). Activities include guided tours, cooking lessons, bus sightseeing, boat trips, monument sightseeing tickets and other services. In this activity we act as commercial agents for suppliers. Descriptions, photographs and other content for your businesses come from the individual vendors. We therefore have no direct influence on such contents.
2. Scope of validity
2.1 These OCH GTC apply to all visitors and users of the OCH platform with all content within the operating systems offered (currently iOS, Android) (“Users”). From the moment the user uses the OCH platform, he is obliged to comply with the OCH GTC. Therefore, please read these conditions carefully before first use.
2.2 The OCH GTC can be consulted on the internet and apply to all services, except for more specific rules for a particular service. If so, we will clarify it at the relevant point. User terms that conflict with or deviate from these OCH Terms and Conditions are valid only if expressly agreed to in writing.
2.3 The use of the OCH platform is personal to the user and cannot be used for commercial purposes. Resale of tickets is strictly prohibited. Any use beyond the personal use of the user in his private environment, for commercial or industrial purposes, or for third parties, is strictly prohibited.
3. What we do
3.1 We operate the OchoTours platform as intermediaries for the offering of guided tours and tourism activities by various local suppliers. Descriptions, photographs and other activity-related content are provided by individual vendors, over whom we have no direct control.
3.2 Users can filter activities on the OchoTours platform using various criteria. Activities are displayed based on factors like popularity, availability, user ratings, and other relevant metrics.
3.3 We reserve the right to condition access or use of the OchoTours platform based on your payment behavior or other specified conditions, such as the presentation of identity or purchase documents.
3.4 We are not obligated to improve, expand or maintain available the contents, functions and services of the OchoTours platform. We reserve the right to discontinue any service or feature at any time, without prior notification. Performance agreements already concluded between users and suppliers remain binding according to the specified terms.
4. Registration and Account
4.1 Registration is not mandatory to access the OchoTours platform, but is necessary to use all features, including booking activities.
4.2 To create an OchoTours Account, the user must provide their name, surname and email address via the registration form on the platform. You must also set a password, keeping such data confidential and non-transferable.
4.3 The OchoTours Account is personal and cannot be transferred to other people.
5. Conclusion of the Contract with OchoTours Users
5.1 Use of the OchoTours platform constitutes acceptance of the OchoTours User Agreement.
5.2 The contractual relationship between OchoTours and the user begins at the moment of using the OchoTours platform or installing the OchoTours app. You may block, terminate or cancel your OchoTours Account at any time via the customer support channels indicated on the website.
5.3 OchoTours reserves the right to unilaterally terminate the User Agreement and deactivate the OchoTours Account upon one week's notice. This termination does not affect performance agreements already in place between users and suppliers.
6. Customer Service / Best Price Guaranteed by OchoTours
6.1 Users can contact OchoTours customer service via telephone, chat or email, using the details provided in the "Contact Us" section of the website.
6.2 All special offers and discount promotions are clearly indicated as such on the OchoTours platform.
7. Payment Methods in OchoTours
7.1 The price of the activity on the OchoTours platform is the one indicated as "product price". The actual payment by you ("booking price") is the price of the product less any applicable discounts.
7.2 OchoTours acts as a commercial agent to collect amounts due from suppliers, unless otherwise expressly agreed. Users authorize payment through the OchoTours platform, agreeing to the use of their payment information on behalf of the supplier.
7.3 For payments in foreign currency, OchoTours may request payment in the user's national currency, converting the price into foreign currency at the current exchange rate at the time of payment.
7.4 OchoTours may charge currency exchange fees for highly volatile currencies.
8. Modifications, Cancellations and Refunds
8.1 Cancellations of reservations are only possible in accordance with the conditions specified in the supplier's cancellation terms and in the description of the activity on OchoTours.
8.2 Any changes or cancellations must be communicated via the OchoTours platform, unless otherwise agreed upon.
8.3 Requests for modification or cancellation must be timely and in line with the specific terms of the activity booked.
8.4 In the case of eligible cancellations, OchoTours issues cancellation or modification confirmations in the name of the supplier, which must be retained by the user as evidence.
9. Reviews and other User Content
9.1 Users can view reviews and other content created by other users on the OchoTours platform. Reviews represent personal opinions that may not reflect actual experience of the business.
9.2 Users must respect legal and moral regulations in the contents published on the OchoTours platform, avoiding illegal, offensive or discriminatory representations.
9.3 OchoTours reserves the right to remove user content that violates the regulations or conditions of use of the platform.
10. Indemnification
10.1 Users are responsible for damages, legal fees and other expenses incurred by OchoTours or its representatives due to violations of the OchoTours GTC or third party rights.
11. Assignment
11.1 Users may not transfer or assign their rights or obligations under the OchoTours GTC without the consent of OchoTours.
12. Severance Clause
12.1 If a provision of the OchoTours GTC is considered null or ineffective, this does not affect the validity of the other provisions. The parties will endeavor to replace the invalid provision with a valid one that reflects the economic intent of the original provision.
13. Jurisdiction and Applicable Law
13.1 These terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, USA. Any disputes arising from or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Delaware.
Privacy Policy
The protection of your personal data is important to us. With this privacy policy, we would like to explain to you in more detail what personal data we collect and for what purposes this data is processed. United States residents should consult the section titled “United States residents’ rights” for rights that apply to them. Please also see our supplementary CCPA here.
1. Data Controller and Contact Information
OchoGroups LLC
24 Triq Tal-katidral
Tas-Sliema, SLM1522, Malta
For inquiries, suggestions regarding data protection, or to exercise your rights,
please don't hesitate to contact us through the following link: https://OchoTours.com/help-center
You can also reach out to our Data Protection Officer via email: weprotectyourdata@ochotours.com
It's important to note that any data processing conducted by activity providers
offering their services on the OchoTours platform is governed by their respective
privacy policies. These activity providers act as independent data controllers.
2. Scope of Data Protection
The scope of data protection encompasses personal data, defined as any information relating to an identified or identifiable natural person. Throughout this document, personal data is also referred to simply as "data."
3. Automated Data Collection
Upon accessing our website, your device automatically transmits data for technical purposes. The following information is stored separately from any other data you might provide:
- • URL of the accessed page
- • Date and time of access
- • Your device type and IP address
4. OchoTours Account
5. Reviews and Ratings
Our website offers the option to rate and comment on
tours or activities. Following your completion of a tour booked through our website,
we may request your feedback. Your submission of a rating is entirely voluntary.
When you provide a rating, we collect the data you input to process it according to
the relevant function and publish it on our website. You can request the deletion of
a rating at any time by contacting our customer service.
The processing of
your data for these purposes is carried out to safeguard our legitimate interest in
providing our users with comprehensive information about the tours we offer. User
ratings also serve the interests of all users. Therefore, this processing is
conducted in accordance with Article 6(1)(f) of the GDPR.
6. Technical Service Providers
We enlist technical service providers for hosting
and essential website services. Consequently, data processing occurs on the servers
of these service providers. They handle data strictly according to our explicit
instructions and are bound to uphold adequate technical and organizational measures
for data protection. Thus, our service providers act as processors under Article 28
of the GDPR.
To host our website, we rely on MarckDev Company's hosting services, overseen by
Marco Zappa. MarckDev Company operates as a reseller of services offered by Hetzner
Online GmbH, headquartered in Germany. When you interact with our website or provide
personal data, it is processed on servers provided by Hetzner, all located within
the European Union. For remote maintenance and similar needs, we've adopted standard
contractual clauses approved by the EU Commission with MarckDev Company under
Article 46(2)(c) of the GDPR.
For email delivery, we utilize Twilio Inc's Sendgrid service, based in the USA. As
there is no adequacy decision for the USA, we have implemented the standard
contractual clauses approved by the EU Commission pursuant to Article 46(2)(c) of
the GDPR with Twilio.
7. Fraud Prevention
To safeguard ourselves and our activity providers from fraudulent bookings, we assess the information furnished by our customers during the booking process, which includes the data technically transmitted by their devices. This evaluation is conducted as necessary to protect our legitimate interest, as well as that of the activity providers, in ensuring reliable bookings (Art. 6 para. 1 lit. f GDPR).
8. Rights of United States Residents
If you are a resident of certain states, including
California, Colorado, Connecticut, or Virginia, you may have specific rights. Below,
we outline additional disclosures and rights relevant to residents of certain U.S.
states that have enacted data protection laws and regulations. This section also
provides necessary information about the personal information we collect and how we
may use it.
The California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights
Act of 2020 (CPRA), and other state privacy laws afford certain U.S. residents
specific rights concerning personal information. This section of the Privacy Policy
outlines those rights and provides guidance on how to exercise them. Please note
that this section does not apply to publicly available information.
In order to provide a service you request, we may collect, process, or you may
supply us with sensitive personal information required to operate our business. This
may include usernames and passwords, as well as government IDs such as driver’s
licenses and passport numbers. For example, in rare cases, certain tour providers
selling tickets and activities may require the collection of your passport number or
other valid ID during the checkout process.
Depending on your cookie preferences, we may “share” categories of personal
information, as defined under California law, with third parties for the business
and commercial purposes described in this Privacy Policy. According to the CPRA,
“sharing” refers to the disclosure of personal information to a third party or
cross-context behavioral advertising, whether or not for monetary or other valuable
consideration. Refer to Section 25.6 below for more information on when and how we
share your personal information, as well as how you can opt-out.
We do not “sell” personal information as defined under CPRA or under the Consumer
Data Protection Act (Virginia privacy law) (CDPA).
We do not “sell” your personal information as defined under the CCPA.
We do not knowingly “share” the personal information of known minors under 16 years
of age.
You may exercise any of your rights as described in this Privacy Policy to the
extent permitted by applicable law(s). Please provide sufficient information and
detail in your request to enable us to respond appropriately. We will take
reasonable steps to verify your identity before responding to your request.
If you reside in California, you or a person registered with the California
Secretary of State, whom you authorize to act on your behalf, may submit a request.
If you reside in Connecticut or Colorado, you have the option to designate an
authorized agent to submit a request on your behalf.
You may also submit a verifiable consumer request on behalf of your minor child.
Legal Notice
Website Host:
OchoGroups LLC
24 Triq Tal-katidral
Tas-Sliema, SLM1522, Malta
WebHost Company:
MarckDev Company di Marco Zappa
Via Vittorio Emanuale 100
Nicosia, Italia
Banking institution and payments:
All financial flows are carefully monitored and regulated through the payment institution Revolut Bank UAB. Specifically, payments are processed through the secure platforms of Stripe, Inc. and PayPal (Europe) S.à r.l. et Cie, S.C.A.
Management:
Elvis Pajo