Terms and conditions: (Mongolian) Secret History Travel Company/ Nuuts Tovchoo. Registered office: Akuma Centre, Worker’s Street, Bayangol District, 5th Khoroo, Ulaanbaatar, Mongolia.
Your booking contract incorporates these terms and conditions and by making a booking with us you confirm your acceptance of these terms and conditions to the exclusion of any other terms and conditions which you may seek to apply to the contract.
In these terms and
“we” or “us” or “our” means The (Mongolian) Secret History Travel Company/ Nuuts Tovchoo
“you” means the agency or individual making the booking and includes all persons included on the booking who you are required to inform of these terms and conditions.
“Participant” includes any person taking part in the trip
A. BOOKING AND PAYMENT
A.1 YOUR RESERVATION
A.1.1 When you make a booking, we will provisionally reserve your trip on the basis of these terms and conditions. A binding contract between us will come into existence only when we have received your deposit (or if applicable full payment) and send our Confirmation Invoice to you. Prior to doing so, we may send you an acknowledgement of receipt of the deposit.
A.1.2 Please check the Confirmation Invoice together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Confirmation Invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.
A.2 OUR PRICE POLICY, PAYMENT TERMS AND SURCHARGES
A.2.1 Prior to receipt of deposit we reserve the right to alter prices shown in any of our brochures or on our website or in any literature that we send to you and we will inform you of any price changes prior to the issue of our Confirmation Invoice. Once our Confirmation Invoice has been issued then, save in the case of manifest error, prices will be set.
A.2.2 Deposits are normally £200 for every traveller named in the booking. Deposits are payable at the time of booking. The balance of the total price must be paid at least 30 days prior to the trip commencing and is requested up to 70 days in advance. You will not be confirmed on the trip until we receive the relevant deposit and if the balance is not paid by the due date then we shall have the right to cancel your booking and retain any deposit.
A.2.3 Payment of deposits and final payments can be made by direct credit transfer into our bank account (details of which will be provided to you upon request) or by debit or credit card via PayPal. Please note that for payments made by PayPal a charge of 4% will be added by us to the amount payable.
B. CHANGES AND CANCELLATION BY US
B.1 IF WE CHANGE YOUR ARRANGEMENTS BEFORE DEPARTURE
B.1.1 We hope and expect to be able to provide you with all the services we have confirmed to you. However given the undeveloped nature of the infrastructure available in Mongolia, you are expected to be flexible and accommodate the possibility of alternative arrangements having to be made, even at the last minute and without prior notice. In the vast majority of cases any changes will be regarded by us as minor changes. However, if we consider them a “Significant Change” we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a significant change of multiple itinerary destinations arising otherwise than as a result of circumstances beyond our control.
B.1.2 In the case of a Significant Change before your departure we will provide you with three alternatives:
B.1.2.1 alternative arrangements of equivalent or of very closely similar type, if available, or
B.1.2.2 alternative arrangements of a lower standard together with a
refund of the difference in price; or
B.1.2.3 cancel your trip with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause D.1 below unless the change occurs as a result of circumstances beyond our control where clause H.1 will apply.
B.2 IF WE CANCEL YOUR ARRANGEMENTS
B.2.1 In the unlikely event we need to cancel arrangements we will tell you as soon as possible. However we will not cancel your arrangements less than 30 days before the trip commences unless it is for a reason outside our control as provided in clause H.1. If we have to cancel your trip arrangements we will provide you with three alternatives:
B.2.1.1 alternative arrangements of equivalent or of very closely similar standard and price, if available, or
B.2.1.2 alternative arrangements of a lower standard together with a refund of the difference in price; or
B.2.1.3 cancel your trip arrangements with a full refund of all monies paid.
Any alternative arrangements or cancellation must apply to all persons included in your booking.
In all 3 cases, compensation will be paid as detailed in clause D.1 below unless the change occurs as a result of circumstances beyond our control (in which case clause H.1 will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due on your part.
C CHANGES AND CANCELLATION BY YOU
C.1 IF YOU CHANGE YOUR BOOKING
C.1.1 If you want to change your trip in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this.
C.1.2 Where we can make a change, we will charge for any additional
services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we will also apply an administration charge for each item you want to change as shown in the table below together with any further costs we incur, for example with our suppliers, in making any change. Administration charges are levied against the whole trip and not individual travellers.
Table of Administration
Charges for Changes made by You
The costs shown are per change as it is applied to the whole group and do not include any further costs that we may incur in making the changes or any charges made by our suppliers for such changes
Request for change received more than 12 weeks prior to trip commencing
Request for change received less than 12 weeks prior to trip commencing
C.2 IF YOU CANCEL YOUR BOOKING
C.2.1 If you wish to cancel your trip, you must write to us. Unless notice of cancellation is received prior to the issue of our Confirmation Invoice, we will levy a cancellation charge on the scale shown in the table set out in clause D.1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer.
C.2.2 If you are unable to take part in the trip, you may be able to transfer your place to someone else suggested by you and acceptable to us subject to the following:
C.2.2.1 You must write to us with full details of who you would like to go instead. We must receive this information at least 14 days before departure.
C.2.2.2 If the change can be made, you will have to pay an amendment fee of £200 (see above) together with any extra costs we incur or are asked to pay in order to make the change.
C.2.2.3 Anyone who takes part in the trip instead of you must agree to these terms and conditions.
D. CHANGES AND CANCELLATION CHARGES
The following table sets out the sums normally payable to us or you in the event of Significant Changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your trip arrangements as a result of matters outside of our control when clause H.1 shall apply or
Period before trip commences in which notice of cancellation or Significant Change is received
Amount you will receive from us if we make a Significant Change
Amount you will receive from us if we cancel
Cancellation Charge if you cancel
More than 70 days
Return of monies paid only
Deposit as paid
More than 30 days but less than 70 days
£10 per person
Return of monies paid plus £50 per person
75% of total price
Less than 30 days
£20 per person
Return of monies paid plus £100 per person
100% of total price
NOTE “Total Price” means the total price payable by you for the trip excluding any fees payable for any previous changes made by you to the booking
E. LIMITATION OF OUR LIABILITY TO YOU
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you compensation. However we will not be liable where any failure in the performance of the contract is due to:
E.1.1 you; or
E.1.2 a third party unconnected with the provision of the trip arrangements and where the failure is unforeseeable or unavoidable; or
E.1.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability to you, except
in cases involving death, injury or illness, shall be limited to a
maximum of one and a half times the cost payable to us by you for
your trip for each participant affected.
Should you suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
Unless otherwise expressly indicated by us in writing, excursions, additional activities or other tours that you may choose to book or pay for whilst on the trip and which are not included in the price of the trip, are not part of the trip arrangements provided by us. For any such excursion or other tour that you may book, the contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of such excursions or tours or for anything that happens during the course of its provision by the operator even if a member of our staff accompanies the relevant tour or excursion.
E.2 The provisions of clause E.1 inclusive are in addition to any other limitation of liability contained in these Terms and Conditions
E.3 Nothing in these Terms and Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H.6
F YOUR RESPONSIBILITIES
F.1 SPECIAL REQUESTS
If you have a special request (including dietary requirements), we will do our best to help, but we cannot guarantee it except as set out below. We promise to comply with any special request which we have
specifically agreed to and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to departure or should be paid for locally.
You are responsible for ensuring that you satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance of the trip commencing. Any information provided by us with regard to travel documentation is given in good faith but without responsibility on our part.
F.3 HEALTH PRECAUTIONS, SAFETY AND ACCOMODATION
F.3.1 We will provide general advice to you as to what fitness levels and health precautions are usually required for your chosen destinations and activities whilst in Mongolia. It is your responsibility to confirm that you are capable of meeting such precautions extending so seeking advice with an appropriately qualified medical person and obtaining any necessary medication to treat any pre-existing conditions whilst in Mongolia prior to your arrival. We reserve the right to require you to produce evidence of such checks or medication and may cancel, without payment of compensation, your place on the trip if we have substantial cause to believe that you will not meet these levels and requirements. It is your responsibility to ensure that you take any necessary medication whether before, during or after the trip. Any health information provided by us is provided in good faith but will only be a general overview of any health hazards and requirements for the trip. In the circumstances any such advice given by us should not be regarded as
a substitute for specific and detailed medical advice for you and you should raise any particular concerns with your own doctor
F.3.2 Some of our trips involve strenuous activity in remote regions and it is your responsibility to ensure that you have the necessary level of fitness and health to complete the trip. For certain activities you may be required to complete a Medical Declaration form and full
particulars must be given of any previous or existing conditions that may affect your ability to complete the trip. You may be required to authorise disclosure by us of any such conditions to any medical personnel that we or our suppliers may use in connection with the trip or whilst on the trip. We reserve the right at any time to require you to produce medical evidence of your ability to complete the trip. We reserve the right to cancel your place on or to leave the trip, even if the trip has already commenced, and without repayment of any sums paid or other compensation, should any information on any Medical Declaration form be incorrect.
F.3.3 Whilst on the trip you are required to adhere at all times to the advice and instructions given by our own staff and staff retained by our suppliers to supply any services which form part of the trip.
F.3.4 Given the remote locations of our trips you must be aware that standards of accommodation, hygiene and health and safety precautions are unlikely to be as high as in the UK and, in the circumstances, there is an increased risk of injury and illness and that medical care standards will not be as accessible or as comprehensive as in the UK.
F.3.5 If you fall ill or suffer an injury or, in our staff’s or staffs retained by our suppliers’ opinion, are not able to continue with the trip, we reserve the right, following consultation with you, to require you to either leave the trip entirely or for a period or to not take part in a particular aspect of the trip.
F.3.6 You should be aware that due to the nature of our trips you will often be required to share washing facilities with other parties who are not necessarily in connection with the Mongolian Secret History Travel Company.
F.4.1 We require that you must be covered by appropriate travel insurance (specifically including medical, air evacuation, rescue and repatriation insurance). Such insurance must be on such terms and for such minimum cover as we may approve, such approval being dependant on the nature of the trip.
F.4.2 You are responsible for ensuring that all information provided to any insurance company is correct and not misleading and we cannot be responsible for any problems that may arise as a result of any policy of insurance becoming invalid as a result of any error or omission in
respect of such information.
F.4.3 Notwithstanding the above it is your responsibility to ensure that the cover provided is suitable and adequate for the trip and your particular needs.
F.5.1 Whilst we shall endeavour to provide advice on health, safety and security matters before and whilst on the trip, you must accept that you must behave responsibly in relation to your own safety and security and that of others on the trip.
F.5.2 We are committed to responsible and sustainable tourism, adherent to the Mongolian Tourism Council’s guidelines. In the circumstances you are expected to respect and obey the laws, culture and customs of Mongolia, treat others on the trip (including staff retained by us and our suppliers) and locals with respect and courtesy, observe and obey any instructions, directions, advice, rules and regulations given or imposed by us or those organising any particular activities.
F.5.3 You will be personally liable for any damages suffered to property or by us or any third party (including loss of business or reputation) as a direct result of your actions
F.5.4 in the event of you failing to comply with the terms of this clause F.5, we and our suppliers reserve the right in our absolute discretion to require you to leave the trip if your behaviour falls shorts of the standards expected by us and our suppliers. In such circumstances no compensation of any sort (including the return of any monies paid) shall be payable by us and all rights are reserved by us against you.
F.6 FLIGHTS OR OTHER TRAVEL ARRANGEMENTS TO AND FROM THE START POINT
Flights or other travel arrangements to and from the start point of any trip are not included in the costs payable to us and it is your responsibility to arrange flights (if applicable) separately with an appropriate ATOL protected flight agent or direct with the relevant airline or supplier. Any contract in respect of flights or other travel arrangements to and from the start point of the trip will be between you and the relevant supplier, agent or airline. You are required to advise us at least 10 days before the start of the trip how and at what time (eg flight numbers etc) you propose to arrive at the start point for the trip and also update us immediately with any proposed changes.
G. COMPLAINTS PROCEDURE AND RESOLUTION
If you have cause for complaint whilst on the trip, you must bring it to the attention of our staff immediately. They will do their best to rectify the situation. If your complaint is not resolved in Mongolia, please follow this up within 4 weeks of your return home by email to us at email@example.com giving all relevant information. If you fail to follow this simple procedure we may not be able to deal with your complaint.
H.1 CHANGES DUE TO
CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your trip arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.
H.2 LEGAL STATUS
We are a Mongolian licensed “Tour Operator” for the purposes of Travel Services, Accommodation Provision and Packaged Holidays and adhere fully to all relevant legislation. To hold this license we are required to submit to regular and unannounced inspections by the Mongolian Government’s Travel authority as well as annual audits of our financial status as a going concern by the Mongolian tax authorities. We are, upon written request, willing to make available copies of all arising documentation (in Mongolian language) subject to permission of such disclosures being granted by the relevant authority.
H.3 DATA PROTECTION
Information about you, including names, contact details and any special needs, disabilities or dietary requirements is collected by us. We may disclose some of this information to our service providers (relevant to the provision of your tour services) for the purpose of providing you with your trip arrangements. Only information necessary for this purpose will be disclosed to them. Some information, for example relating to religion or health, may be sensitive personal data. We need this information to cater for your needs, but it is collected on
condition that we have your consent. If you do not agree to our use of such information in the way described above then please let us know as it may affect our ability to accommodate your needs whilst on this trip. We will not be held liable if, as a result of your refusal to allow us to disclose information necessary to the provision of safe and satisfactory services as mentioned in the itinerary, you suffer inconvenience or injury that could have been avoided by such a disclosure being made in a timely manner.
We adhere fully to all Mongolian Data Protection laws but if you have any specific concerns about the use of your personal data then you should inform us in writing, using the email address firstname.lastname@example.org as soon as possible.
H.4 PUBLICITY AND USE OF IMAGES
We reserve the right to take photographs or films of the trip and to use the same in a responsible way in our promotional literature and on our website. We may also reproduce any comments that we receive from you in such literature and on our website unless you do not consent to such use. If we wish to use any identifiable images of you or participants we will ask you and each individual participant to provide express written consent in respect of the use of your and their images prior to the trip ending. If you do not agree to the use of your image for the above purposes then we will fully respect your wishes and not do so.
H.5 JURISDICTION/GOVERNING LAW
Any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with the trip must be brought in the civil or criminal justice system of Mongolia only. Specifically, Mongolian law (and no other) will apply to your contract.
Please note that we generally communicate with our customers by email. By making a booking with us you have agreed to such electronic communication method being used. Please be aware that the onus is on you to ensure that your email details are kept up to date, that your email system is operating correctly (including checking that any spam filters are not preventing receipt) and that you check for emails from us on a regular basis as we cannot be responsible for any losses or inconvenience suffered as a result of your email system not operating correctly and/or your failure to check email communications regularly.