Asia Tours & Travels(P)ltd

Please read the following terms and conditions carefully so that you are comfortable in making a booking with us.

Our prices are fully inclusive but we do not pay for personal items, for example, toiletries, postcards, soft and alcoholic drinks, confectionery, snacks, pastries, shoe laces and rain hoods. All our prices are quoted in US dollars, we also accept payment in all major currencies at current exchange rates.

IMPORTANT NOTICE

The following forms an integral part of our terms and conditions.
We take every precaution to ensure that you will have an enjoyable holiday. We also take every precaution to ensure your personal safety. There are currently no political, criminal or religious difficulties that we are aware of that give rise to undue concern. You are responsible for behaving reasonably and following the instructions of your tour guide. If you decide to separate from the group for any period of time whatsoever you do so at your personal risk. We place no restriction on a traveller’s age. It is entirely your responsibility to ensure that you are fit enough to undertake the journey. If in doubt please consult a Doctor.
If any situation arises which gives us reasonable grounds to believe that proceeding with a tour could endanger your safety we reserve the right at our absolute discretion to (a) cancel it (b) cancel the part affected and substitute those days with an alternative. If this situation arises prior to your travelling we will inform you. If this situation arises whilst you are travelling we will effect (b) and by doing so will discharge all our obligations to you. The areas of the world we operate in are developing. This means that standards are not necessarily on a par with Western Europe and the USA. We vet all facilities but nevertheless things can go wrong. Please don’t book with us if you are not adaptable and find it difficult to adjust to different conditions or smile if things go awry.

BOOKING TERMS AND CONDITIONS

1. Asia Tours & Travels Ltd.
1.1 These terms and conditions will govern booking made with ATT LIMITED, "The Company".
1.2 The Company acts as an agent for operators and suppliers unless otherwise specifically stated.
1.3 The "Customer" will be any individual who makes a direct booking with the Company (and all members of his party), or any individual for whom a "package" is booked with the Company (see below).
1.4 A "package" is a combination of least two of the following: Transport (excluding transfers to hotel accommodation), accommodation or another component which forms a significant part of arrangements booked with the Company, provided that:-
(a) the accommodation is booked at the same time and full payment is made to the Company; and
(b) the combination does not form part of a larger combination organised for a holiday maker by a travel agent or tour operator.

2. Bookings made by travel agents, tour operators etc.
2.1 Paragraphs 2..2 – 2.4 below apply to bookings made by a travel agent, a tour operator or another professional intermediary together "a travel agent".
2.2 Where a travel agent books a package with the Company then, for the purpose of the Regulations, the Company will regard itself as the organiser of that package and will regard the travel agent as the retailer. (For the avoidance of doubt, a booking made by a travel agent will only be a package if the travel agent makes no arrangements for the holidaymaker other than those booked the Company). In this situation the travel agent is under a strict obligation to draw these booking conditions to the Customer’s attention before the booking is accepted by the Company and, further, to convey promptly to the Customer all information and literature provided by the Company in relation to the Customer’s booking.
2.3 Where a travel agent books other overseas arrangements or makes holiday and/or travel arrangements for a client which include, but which are not strictly limited to, arrangements booked with the Company then, for the purposes of the Regulations, the travel agent will be the organiser and the Company will be a booking agent. In this situation the travel agent is under a duty to inform the holidaymaker on whose behalf the various arrangements are booked that the holidaymaker’s contract is with the travel agent, not with the Company and, further, of the terms which will govern that contract.
2.4 In the situation outlined in sub-paragraph 2.2 above, any monies received by a travel agent in respect of a booking made with the Company will be held by the travel agent on behalf of the holidaymaker until the booking has been accepted by the Company (which occurs when the Company dispatches its acknowledgement of receipt of the deposit or, where appropriate, payment in full) and thereafter on behalf of the Company.

3. Making a Booking
3.1 To request a booking, the Customer should contact ATT, 119 A, Street- Akhunbaeva, Room-406,Bishkek Kyrgyzstan, If the arrangements requested are available the Company will issue an invoice stating the amount required as a deposit / full payment. A deposit of 10% is required and the balance must be paid eight weeks prior to departure. Bookings for holidays starting within eight weeks must be accompanied by full payment. Any payment or part payment of the Company’s invoice or invoices will be deemed to indicate that the Customer has read and accepted these terms and conditions.
3.2 If the Customer has any special needs (e.g. a disability) or any special request (e.g., particularly dietary requirements) written details should be sent to the Company or detailed on the questionnaire/booking form. The Company will endeavour to arrange for such special needs and requests to be met, but cannot guarantee that they will be.
3.3 The balance of the price is payable by the due date on the deposit and/or final invoice. If the balance is not received by that date the Company may treat the Customer’s booking as cancelled, in which case the Customer will forfeit his deposit, or such part of it as the Company in its absolute discretion may decide.
3.4 The Company reserves the right to refuse any booking without having to disclose its reasons for so doing.

4. Brochure Accuracy
All efforts are taken to ensure that the details and prices set out in brochures web sites and literature are correct at the time of going to press. However, changes can occur and the Company reserves the right to make such changes, in which case the Company will notify intending Customers before confirming their booking.

5. Prices
5.1 The Company does not itself control the cost of the various components which make up the arrangements it offers. Accordingly, the Company reserves the right to revise prices after a booking has been accepted, subject to the limitations set out in paragraphs 5.2 and below.
5.2 In the case of a package, the Company undertakes not to revise the price after a booking has been accepted except to reflect variations in transportation costs (including the cost of fuel), dues, taxes (including a change in Value Added Tax), fees chargeable for services (including landing taxes and embarkation or disembarkation fees at ports and airports) itinerary modification at Customer’s request or fluctuations in exchange rates.

6.Cancellations by the Customer
6.1 Any cancellation by the Customer must be notified in writing to the Company at P.O.Box 720055, 119 A, Street- Akhunbaeva, Bishkek Kyrgyzstan. It will become effective when received by the Company. The following cancellation charges expressed as a percentage of total package cost will apply.

6.2 If the Customer fails to present himself at the place of departure at the appointed time the Company shall be entitled to treat his reservation as cancelled without having given the Company any notice and the provisions of paragraph 6.1 will apply. If a Customer reinstates a cancelled booking, the cancellation fees will be waived less an administration charge of $100.

7. Cancellation by the Company
7.1 The Company reserves the right to cancel the Customer’s booking and levy the cancellation charges set out in paragraph 6.1 if the Customer fails to pay any sum payable in connection with the holiday when it falls due or if the Customer behaves in an improper manner (see paragraph 14 below) .
7.2 In the unlikely event that the Company has to cancel a Customer’s booking in any other circumstances before departure, the Customer will be offered the choice of accepting alternative available arrangements or receiving a full refund, although refunds will not be made in respect of arrangements cancelled for reasons beyond the Company’s control. If the Customer accepts alternative arrangements that are cheaper, the Company will refund the difference in price to the Customer.
7.3 Unless a cancellation is caused by the Customer’s fault, "force majeure" or "low bookings" (see below) the Company will also pay the Customer the following compensation:

"Force majeure" means unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which neither the Company nor its suppliers could avoid, for example war, threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, fire, flood, adverse weather conditions or similar. It will be for the Company to decide in its sole and absolute discretion whether a particular circumstance or event amounts to force majeure.
"Low bookings" means that an insufficient number of persons has booked the arrangements to make their operation financially viable in the advertised form. The Company will never cancel a package less than 6 weeks before departure because of low bookings unless advance notice of such a possibility is given in writing to the Customer on booking.

8. Changes by the Customer
8.1 The Customer may change his booking before dispatch of the acknowledgement of receipt of the deposit. After that, amendment charges will apply.
8.2 If the Customer is prevented from proceeding with a booking for a package by reason of his own illness, of a close family member (which is limited to father, mother, spouse or child), jury service, or redundancy the booking may be transferred to another person, provided that:-
(a) the request to transfer the booking is sent in writing to the Company, signed by the person who signed the booking form to arrive at least 30 days before departure, and
(b) the request is accompanied by documentary proof of the transfer, any balance due the package, any tickets or vouchers already dispatched by the Company for the booking, full details of the person who will take over the booking and the appropriate amount to cover amendment costs (see below); and
(c) the person who will take over the booking satisfies the conditions which apply to the particular holiday and, further, agrees to by bound by there booking conditions.
Excluded from this are committed airline arrangements that may have been made by the company for the customer.

The amendment costs referred to in paragraph 8.2 above are $50 plus VAT per person to cover the Company’s administrative expenses, together with all additional charges of whatever nature levied by the suppliers of the component parts of the holiday arrangements. Customers should know that some suppliers may charge a 100% cancellation fee and the cost of a new booking if a transfer is requested.

8.4 If a Customer wishes to change his booking in any circumstances other than those set out in paragraph 8.1 – 8.3 above, the change should be requested in writing, signed by the person who signed the questionnaire/booking form. Changes will be subject to availability and to the Customer paying such amendment costs as the Company shall require within the time period specified by the Company. It shall be in the Company’s absolute discretion whether it accommodates or refuses a request for a change to a booking.
8.5 If a Customer decides not to avail himself of any booked facility or service after he departs, he shall not be entitled to any refund in respect of the facility or service.

9. Changes by the Company
9.1 The Company will try to avoid having to change the Customer’s booking after it has been accepted but, because changes are sometimes necessary, reserves the right to make changes. If there is a change, the Company’s obligations and the Customer’s rights will depend upon whether or not the Customer has booked a package (see paragraph 1.4) and, if so, upon whether the change is "significant" or "minor". A significant change is a change of flight time by more than 12 hours, a change of international airport (except between airports serving the same city), a change of destination to a lower standards of accommodation. Any other change is "minor".
9.2 If there is a minor change to a package, or any type of change to other overseas arrangements, the Company will try to notify the Customer or his travel agent as soon as practicable, although it will not be obliged to do so, nor will it be obliged to pay the Customer any compensation.
9.3 If there is a significant change to a package after a booking has been accepted but before departure, the Company will notify the Customer or his travel agent as soon as practicable and will offer the Customer the choice of the following:
(a) accepting the change; or
(b) cancelling the package and receiving a full refund; or
(c) changing his booking to any available alternative arrangements.
If the Customer chooses to change his booking to alternative arrangements which are more expensive, he must pay the difference. However, if the alternative arrangements are cheaper, the Company will make an appropriate refund.

9.4 If the Customer chooses to cancel a package because of a significant change made for any reason other than force majeure or low bookings (defined in paragraph 7.3), the Company, in addition to giving a full refund, will pay the Customer compensation as set out in paragraph 7.3.
9.5 If the Company becomes unable to provide a significant proportion of a package after the Customer has departed, suitable alternative arrangements will be made for the Customer at no extra cost to the Customer or, alternatively, arrangements will be made for the Customer to return to his point of departure and receive a pro-rata refund for any components of the package not received.

10. Insurance:
Due to the special nature of the holidays bookable though the Company, it is essential that all Customers take out holiday insurance which satisfies the Company’s requirements for the holiday in question. In particular , the insurance should cover cancellation by the Customer, assistance in the event of accident or illness (including helicopter rescue and repatriation).

11. Passports, visas and health requirements
11.1 General information on passport, visa and health requirements is sent out with the Company’s pre-trip information. The Customer should note that such requirements are subject to change and should check current requirements before departure.
11.2 It is the Customer’s responsibility to ensure that he complies with all relevant requirements and takes with him all documents likely to be required during his holiday. The Company will not be liable to the Customer if he fails to do so and the Customer will be obliged to reimburse the Company for any expense it incurs as a result of such failure on the Customer’s part.
11.3 The Customer’s attention is drawn to the fact that the special nature of some holiday bookable through the Company is such that the Customer may encounter hazards and dangers which might not occur during more usual holiday arrangements. This is due to the particular nature of some of the holidays, for example for proximity of wild animals and remoteness of certain area. The Customer acknowledges this fact and confirms that he has voluntarily chosen to make a booking and proceed with it notwithstanding those hazards and dangers.
11.4 Due to the special nature of some of holidays bookable through the Company, the company reserves the right, in its sole and absolute discretion, to require the Customer at his own expense to provide the Company with a medical certificate or other documentation obtained from a medical practitioner confirming that, in the medical practitioner’s's belief, the Customer is sufficiently fit and healthy to undertake the holiday booked. It is, though, the Customer’s responsibility to take all appropriate medical advice prior to departure as to whether or not is fit enough to undertake the holiday booked.

12. The Company’s Liability
Paragraphs 12.1 – 12.4 below apply in respect of holidays provided by the Company as principle. Paragraph 12.6 applies in the case of other arrangements.
12.1 Subject to paragraphs 12.3 and 12.5 below, in any case other than where the Customer suffers illness, personal injury or death, the Company accepts liability should any part of the package booked by the Customer with the Company not be supplied as described and not be of a reasonable standard. In such a case the Company will pay the Customer reasonable compensation, subject to an absolute maximum of a full refund of the holiday price, reimbursement of any out of pocket expenditure directly attributable to the deficiency and a daily sum of $48 per person. The Company will have regard to this maximum sum when assessing the amount of compensation which is reasonable in the Customer’s particular circumstances.
12.2 Subject to paragraphs 12.3 and 12.5 below, the Company accepts liability, if the Customer suffers illness, personal injury or death as a result of an activity forming part of a package booked by a Customer with the Company.
12.3 The Company’s acceptance of liability in paragraphs 12.2 and 12.2 above does not apply where there has been no fault on the part of the Company or any of its suppliers and the cause of the deficiency, illness, personal injury or death is the Customer’s own fault, the actions of someone unconnected with the package or one which neither the Company nor its suppliers could have anticipated or avoided even exercising all due care. Further, the Company’s acceptance of liability is conditional upon the Customer assigning to the Company any or all rights he may have against any third party in any way responsible for the deficiency, illness, personal injury or death.
12.4 If the Customer suffers illness, personal injury or death in circumstances where the Company does not accept liability, the Company will, nevertheless, offer prompt advice and assistance on request.
12.5 Notwithstanding the Company’s acceptance of liability to pay compensations in certain circumstances, the amount of any compensation payable by the Company in respect of an event or circumstance arising in connection with the provision of relevant International Conventions.
12.6 In case of other arrangements, the Company acts only as a booking agent and has no liability for whatsoever for any aspect of the arrangements made, and in particular, has no liability for any illness, personal injury, death or loss of whatever nature the Customer may suffer.

13. Complaints
13.1 If the Customer is unhappy with any of the facilities or services provided to him while on holiday, he must immediately notify the supplier of that facility or service and, further, notify the Company’s local representative or agent. Failure to do this will prevent the supplier and the Company’s local representative or agent from taking immediate steps to resolve the problem, in which case any legal right the Customer may have to claim compensation will be reduced or even completely extinguished.
13.2 In the unlikely event that the problem cannot be resolved locally, the Customer should put any complaint he may have in writing and send it to the Company to arrive within 21 days of the end of his holiday. The booking reference number should be quoted.

14. The Customer’s responsibility to the Company
14.1 The Customer must at all times avoid causing damage, distress, danger or annoyance to other Customer or third parties. Further, the Customer must comply at all times with reasonable instructions of any representative, agent or supplier of the Company.
14.2 The Customer must not damage any property with which he comes into contact but, if he does, he will be responsible for the cost of repairing or replacing it.
14.3 Should the Customer breach the provisions of paragraphs 14.1 or 14.2 above, the Company will be entitled to terminate the Customer’s holiday arrangements without any liability to refund or compensate the Customer. In such circumstances, the Customer alone will be responsible for any additional costs incurred.

15. The suppliers of facilities and services
15.1 As between the Customer and the operator or supplier of any facility or service booked through the Company, the terms and conditions of the relevant operator or supplier will apply.
15.2 Timings, for example flight times, are given by the relevant operator or supplier and are subject to such matters as weather conditions, technical considerations, air traffic control restrictions, the ability of passengers to arrive on time and governmental action. There is no guarantee that transportation will depart at the times given or even at the times printed on tickets. The Company will not be liable to the Customer if a delay occurs and, because the Company does not itself operate any flights or other transportation, cannot make specific arrangements for Customers in the event of a delay. However, it is normal for most transportation operators to provide appropriate meals etc. If there is a delay.

16. Variation of these booking conditions
These terms and conditions may not be altered by any employee, representative or agent of the Company unless authorised in writing by a director of the Company

17. For the purpose of this Agreement the singular shall include the plural, and the male the female and vice versa unless the context clearly requires otherwise.