SPECIAL TERMS & CONDITIONS
Addendum to General travel terms & conditions (ARB 1992)
We want to advise that there are no particular dangers of trekking in Bhutan except the snowman trek, which is for over 20 days at an altitude of over 4000 meters. It is one of the toughest treks in the world. High altitudes there can occur with certain difficulties in connection with adapting to the elevation. Your body has to adapt–the altitude, the temperature, and the unusual physical effort put a strain on your circuit. Some trips might have very remote destinations, so there can be a few hours delay if you need help from outside the area after an accident other than that it’s safe to trek in Bhutan. These Special terms & conditions on hand are effective besides the General travel terms & conditions (ARB 1992). In case of contradiction, the BRB applies primarily, the ARB 1992 secondary.
We want to promote fair tourism with a positive effect on the locals. We have local guides accompanying you on your journeys as and when required.; they serve as people go between the cultures and facilitate good communication with the locals.
Registration takes place in written form via email. The travel contract is concluded if we mutually agreed on all the conditions of the contract (prices, services, and date in written acknowledgment). After you receive your travel confirmation, full payment of the travel price is due.
When we act as agents, please refer to the terms of payment of the respective operator (e.g. the airline). Payment by credit card is possible with a surcharge of 4% of the amount due.
Participation in our trips happens at your own risk, being aware of all the particular dangers. Our clients follow all the rules for passport, visa, foreign exchange, customs, and airport and health regulations regardless of our duty to supply information. We advise you to consult your doctor in case of preexisting conditions and an unstable state of health before your trip. Every participant handles the assessment of his or her fitness level and physical shape. We will inform you about the fitness requirements for every trip. We want to specifically point out that in case of travel interruption; It does not entitle you to a refund of payments already made.
Trekking-, expedition or hiking trips are “Risk travels” as defined by the General travel terms & conditions. The character of a trekking-, expedition- or hiking trip can–under certain circumstances–demand changes from the original plan (weather, conditions of roads and paths, official arbitrariness, technical failures/defects, etc.) This particularly concerns transport (changes in flight plans, temporary lack of transportation, vehicle defects, animal illness, etc.). Therefore, if there are any delays, limitations, or cancellation of parts of the program for one of those reasons, the contracting parties expect we do not see the possibilities of those incidents as a defect. No warranty claims can be requested for that reason. We guarantee meticulous planning and careful arranging of our tours. The tour operator is liable for any personal or property damage resulting from a fault on our part–occurring, despite the aforementioned principles.
There is only one exception: we are not liable for property damage because of ordinary negligence–this also includes external service. If there are limitations to the damage claims or if claims are not possible to file at one of our service providers (through international agreements), there are the same regulations applying to our services. We are not liable for damages that happen because our tour guide’s instructions were not followed! It is an obligation to follow the instructions of our tour guides (concerning performance during the tour and the safety of the participants).
It is an important part of your travel contract. If someone is culpably transgressing his or her contractual obligation, he or she has to make good any damages occurring to the tour operator. If an accompanying traveler cannot attend, we will provide a substitute companion–this is not a reason to cancel the tour (at our cost). Means of transport are not luxury vehicles, the conditions on the road are sometimes rough, so our equipment is functional, not luxurious. There is no liability for damages to luggage.
There is no influence on unforeseen circumstances like acts of nature, political unrest, etc.–resulting changes of the itinerary are possible, but no warranty claims can be requested for that reason. If those incidents result in higher/additional costs, we agree that the price of travel will be raised accordingly. Also at the expense of the travel participant: additional costs because of acts of nature, official order, or other reasons beyond our control (e.g. additional costs for airfare, accommodation, hotel, or transfer). We can isolate their cases where an overnight stay in a shared room is necessary (instead of the double/single room agreed upon), no warranty claims can be requested for that reason.
8. Route changes or adjustments
We want to point out that we are not selling “off-the-shelf” tours, and changes to the itinerary can occur because of various reasons. It shall be understood that all our services can be subject to change because of changes or diversions of the routes for just cause (e.g. worsening of weather, a change in the conditions of roads or paths, unforeseen weakness or illness of tour participant, important repair of vehicles, official arbitrariness, etc.)–no warranty claims can be requested for that reason. It is not a part of the travel contract that you reach a certain destination on your tour.
Our estimations of the character of a tour are always going to be average. The actual time walked is a sum of the hiking speed and local conditions. There is always room for variation–in one or the other direction. We can derive no legal claim from different hiking times.
We do not include travel insurance in our prices, but we strongly advise buying travel insurance. Especially for hiking-, expedition- and trekking tours.
On legal grounds, we have to contrast our Special Terms & Conditions (BRB) with the General Travel Terms & Conditions (ARB) for your information.
A.THE TRAVEL AGENCY AS AN INTERMEDIARY
The following terms and conditions are the basis of the contract (customer ship agreement), which customers conclude with an intermediary.
The booking can be made in writing or (remote) orally. (Tele-) verbal bookings should be confirmed immediately in writing by the travel agency.
Travel agencies should use booking vouchers that contain all essential information about the client’s order, regarding the travel advertisement (catalog, brochure, etc.) on which the booking is based.
Regarding his performance and performance the organizer mediated by him, the intermediary shall, under § 6 of the Practice Regulations for the Travel Agency trade, apply to the actual.
GENERAL TERMS AND CONDITIONS OF TRAVEL,
draw attention to demonstrably deviating travel conditions and, in this case, hand them over before the conclusion of the contract.
Where services of foreign entrepreneurs (service providers, tour operators) are mediated, foreign law may also apply.
The person who makes a booking for himself or a third party is therefore considered to be the principal and, in the absence of any other declaration, assumes the obligations arising from the placing of the order vis-à-vis the travel agency (payments, withdrawal from the contract, etc.).
At the time of booking, the travel agent may charge a processing fee and a (minimum) deposit.
The last payment and the replacement of cash expenses (telephone charges, telex charges, etc.) are due when the travel documents (not including personal documents) of the respective tour operator or service provider are handed over to the travel agency.
Travel companies that accept bookings must provide the traveler with a confirmation of the travel contract (travel confirmation) at or without delay after the contract.
2.1. Information on passport, visa, currency, customs, and health regulations.
We assume known that a valid passport is usually required for travel abroad.
The travel agency shall inform the customer about the applicable foreign passports, visas, and health-policy entry regulations and about foreign currency and customs regulations upon request, where they can be found in Bhutan. In addition, the customer handles compliance with these regulations. If possible, the travel agency will provide information on special regulations for foreigners, stateless persons, and holders of dual citizenship.
2.2. Information about the travel service.
The travel agency must present to the best of its knowledge the service to be mediated by the tour operator or service provider, considering the particularities of the respective contract mediated and the circumstances of the respective destination country or destination.
The liability of the travel agency shall extend to:
If the travel agency breaches its obligations under the contractual relationship, it must compensate the customer for the resulting damage, if it does not prove that it is not guilty of willful intent or gross negligence.
For breach of contract because of lesser negligence, the travel agency must compensate the customer for any resulting damage up to the amount of the commission of the brokered transaction.
The following conditions are the basis of the contract–the travel contract–in which the booking party concludes with an organizer either directly or with the help of an intermediary. In the event of a direct conclusion, the organizer shall fulfill the obligations of intermediaries accordingly.
The organizer recognizes in principle the present GENERAL TERMS AND CONDITIONS,
We show deviations in all its detailed advertising documents under § 6 of the Exercise Regulations.
We conclude the travel contract between the booking party and the organizer if there is agreement on the essential elements of the contract (price, service, and date). This gives rise to rights and obligations for the customer.
A change in the traveler’s person is possible if the replacement person fulfills all we can do the conditions for participation and in two ways.
2.1. Assignment of entitlement to travel services.
The obligations of the booking party under the travel contract remain valid if he assigns all or individual claims under this contract to a third party. Here, the booking party shall bear the resulting additional costs.
2.2. Transmission of the travel event.
If it prevents the customer from starting the travel event, they may transfer the contractual relationship to another person. It must communicate the transfer to the organizer either directly or through the intermediary within a reasonable period before the departure date. The tour operator may announce a specific deadline in advance. The transferor and the transferee shall be jointly liable for any unpaid remuneration and, where appropriate, for any additional costs incurred because of the transfer.
Besides the information obligations incumbent on the intermediary (i.e. information on passports, visas, foreign currency, customs, and sanitary entry regulations), the organizer must provide sufficient information on his/her services. The service descriptions in the catalog or brochure are valid at the time of booking and the other information contained is the subject of the travel contract unless otherwise agreed upon at the time of booking. However, it is also recommended that such agreements should be in writing.
With journeys with special risks (e.g. expedition character), the organizer is not liable for the consequences that arise in the occurrence course of the risks, if this occurs outside its area of responsibility.
This does not affect the tour operator’s obligation to prepare the trip carefully and to handpick the persons and companies responsible for the provision of the individual travel services.
The customer has a warranty claim in the event of non-performance or defective performance.
The customer agrees the organizer shall provide him/her with a fault-free service or improve the defective service instead of his/her right to conversion or price reduction within a reasonable period.
It may make remedies in how the defect is rectified or substitute service of equal or higher value, which also receives the express consent of the customer, is provided.
If the organizer or his/her assistants culpably violate the obligations incumbent on the organizer from the contractual relationship, the latter shall be obliged to compensate the customer for the resulting damage.
Where the tour operator is liable for persons other than its employees, it shall be liable–except in cases of personal injury–only if it cannot prove that they were not willful or grossly negligent.
Except with willful intent and gross negligence, the tour operator shall not be liable for items not normally taken with him/her unless he/she has taken them into custody with knowledge of the circumstances.
We, therefore, recommended that the customer does not take any items of special value with him. We also recommended that we properly stored the items taken with you.
5.3. Notification of defects.
The Customer shall immediately notify a representative of the Organizer of any defect in the contract’s performance that he discovers during the trip. This presupposes that one has been made known to it can reach him and that he is on the spot with no significant effort. Omitting this communication does not alter point 5.1. Described warranty claims of the customer. However, it may be imputed to him as co-fault and, to this extent, reduce any compensation claims. However, the organizer must have informed the customer in writing, either directly or through the intermediary, of this obligation to notify. Likewise, the customer must have been informed at the same time that failure to communicate does not affect his warranty claims, but can be credited as a co-fault. In the absence of a local representative, it is advisable to inform either the respective service provider (e.g. hotel, airline) or directly the organizer of any deficiencies and to request remedial action.
5.4 Assertion of any claims
To facilitate the assertion of claims, we recommend the customer get written confirmation of non-provision or defective provision of services or secure documents, proofs, and witnesses.
We can only assert warranty claims within 6 months. For bookings from 23rd September 2022 onwards, 100 days deadline applies to consumers.
Claims for damages expire after 1 year
It is advisable in the traveler’s interest to make claims immediately after returning from the trip directly with the organizer or through the intermediary travel agency, as with increasing delay there are likely to be difficulties of proof.
7.1. Cancellation by the customer before the start of the trip.
The avoidance of the conditional purpose or character of the travel event, as well as an under Section 8.1. An increase in the agreed travel prices by over 70 percent of such a contract–amendment. The organizer is obliged, either directly or through the intermediary travel agency, to inform the client of the contract modification immediately and to inform him of the existing option either to accept the contract modification or to withdraw from the contract; the client has to exercise his/her right of choice immediately.
If the organizer is at fault for the occurrence of the event that entitles the customer to withdraw, the organizer must compensate the customer.
In addition, it also entitled the customer to compensate for damages because of the non-performance of the contract, except in the cases of 7.2.
8.1. Price Changes.
8.2. Changes in service after the start of the trip.
Sections 7.1 listed under B. letter c, formerly letter b (withdrawal), 7.1. lit d, formerly lit. c (no show) and 8.1. (Price changes) are a non-binding association recommendation under 1 Kt 718/91-3 and are now entered under 25 Kt 793/96-3 in the cartel register.
You can also download the STC (special travel conditions) and Terms and Conditions as PDFs.
For us, it is always important to have a good relationship with our guests. Therefore, we kindly ask you to contact us immediately if there is any trouble. Only if you do so we can solve the problem. We appreciate it a lot to look together for a solution that soothes both sides. Until now, it was always possible to find ways that are acceptable for both sides.
We know our responsibilities and we are ready to accept our mistakes–because it is also a way of getting better and learning more.