General terms and conditions (Stand 10.08.2018)
The Mongolei-Reise business division of Henrich LLC (hereafter MR) organises individual expeditions of small groups to Mongolia.
1. Conclusion of travel contract
With the registration, made in writing or by fax, the customer offers MR a binding travel contract while also agreeing to the T&C of MR. The contract is concluded when MR sends its written travel confirmation. Until then, the customer is bound by their registration. In the case of a registration for multiple tour participants, the applicant is liable for these participants’ contractual obligations as well as their own. In addition to the travel confirmation, the tour participant also receives the travel security note as per § 651 k BGB (German Civil Code).
Together with the registration confirmation, the contract partner receives an invoice for the contract amount. 20% of this amount is payable as a down payment within 7 days. The balance must be received by MR at the latest 31 days before the start of the tour. The travel documents will be sent at the earliest 31 days before the start of the tour and only after receipt of payment.
3. Services and changes to services
The service obligation of MR results exclusively from the content of the registration confirmation in combination with the catalogue valid at the time of travelling, MR’s website, an individual offer or some other medium from MR based on all of the information, notes and explanations contained therein as well as the relevant precontractual information relevant to the booked package tour as per Art. 250 § 3 EGBG (Introductory Act to Civil Code).
Under certain circumstances, the arrival and departure times may change by one to three days in individual cases. Should this occur, we will notify you immediately. Should flight plan changes necessitate a change of booking to a more expensive airline, unfortunately the tour price must also be increased accordingly. The same applies to an increase in, or new levy of, visa or other fees. We expressly advice that in the case of services provided by third-party service providers in or from Mongolia, short-term and unannounced changes are unfortunately possible, and we – and all other tour operators – have to reckon with this. Due to country-specific conditions (weather conditions, flight delays etc.), service changes and changes in the daily schedules may occur. The tour operator therefore reserves the right to make specific changes to the tour schedule (e.g. domestic flight at the start of the tour instead of the end) even after the conclusion of the contract and during the tour.
MR must notify the customer clearly and understandably of a price increase, specifying the reason for the increase, at the latest on the 21st day before the start of the tour on a permanent data carrier, also providing the calculation.
4. Cancellation by the customer and transfer booking
The customer can cancel the tour at any time before the start of the tour in writing via email, post or fax. However, in this case the customer must pay a penalty. The following cancellation fees apply:
10% up to and incl. 60th day before start of tour
20% up to and incl. 40th day before start of tour
40% up to and incl. 20th day before start of tour
60% up to and incl. 10th day before start of tour
85% from 9th day before start of tour or upon default
The date on which the cancellation is received by MR applies. The cancellation penalty is calculated based on the final price on the invoice. If the customer terminates the tour early, they are responsible for their own onward or return journey. In this case, the customer is not entitled to a partial refund of the tour price. Transfer bookings are only possible in the form of a cancellation of the travel contract based on the above table of fees and a subsequent re-registration.
5. Cancellation by the tour operator
MR can cancel the travel contract without having to give notice if the contract partner does not fulfil their payment obligation (see item 2) or does not comply with the agreed contract terms. If the contract partner does not fulfil their payment obligation (see item 2), MR can demand a penalty as per the cancellation fees specified in item 4.
MR can cancel the travel contract if the tour is impeded, endangered or restricted due to unforeseeable circumstances (war, strike, unrest, administrative orders etc.).
MR can cancel the travel contract if the minimum number of participants for the tour specified in the tour description is not attained. In this case, the customer is notified of this by MR at the latest 30 days before the start of the tour.
6. Liability and limitation of liability
The contractual liability of MR for damages that do not result from loss of life, injury or damage to health is limited to three times the tour price if the damages have not been inflicted culpably.
For all compensation claims made against MR due to impermissible action that do not arise from intent or negligence, MR is liable for damages up to €4,100. If three times the tour price exceeds this sum, the liability of MR for damages is limited to the amount of three times the tour price per tour and customer. The specified limitations of liability do not apply to claims based on the loss of luggage as per the Montreal agreement.
MR is not liable for services that are merely mediated as third-party services (e.g. flight, exhibitions, guided tours etc.). Because MR has no influence on flight schedules and timetables, it assumes no liability for any traffic obstructions, delays or related postponements. MR is not liable for damage to luggage. There is also no liability for burglary, theft or riding accidents. If a visa requested by MR is not issued, MR is free of all liability.
7. Obligation to cooperate
In the case of defective performance, the tour participant is obligated to do everything reasonable to resolve the defect and minimise any resulting damage. Ms M. Henrich must be notified immediately by phone, email or fax of any shortcomings or defects. This notification must describe the shortcomings specifically and request a corrective. If the customer or tour group does not fulfil this obligation, they are not entitled to make the corresponding claims. Employees at the location are not authorised to recognise any claims.
If MR was unable to provide a corrective due to a culpable omission of the shortcoming notification, the tour participant cannot make either abatement claims as per § 651m BGB or compensation claims as per § 651n BGB.
If a tour participant wants to terminate the travel contract because of a significant tour shortcoming of the type specified in § 651i BGB as per § 651l BGB, the tour participant must specify an appropriate time limit for MR to provide a corrective.
8. Enforcement of claims
Claims as per § 651i Art. 3 No. 2, 4-7 BGB must be enforced by the tour participant against MR. Enforcement can be performed by the tour participant but also by the travel agent with whom they booked the tour. It is recommended to enforce the claims on a permanent data carrier.
The customer’s contractual claims due to non-fulfilment of travel services are subject to a time limit of two years. This time limitation starts on the day on which the tour ends as per the contract.
9. Place of jurisdiction
The customer can sue MR solely at its registered office in Berlin.
10. Country-specific details
MR advices expressly on the following points: The quality of hotels in Mongolia is not comparable with those in Europe. The quality of the Mongolian trails is significantly poorer than that of an average German country lane. When travelling through the country we always carry sufficient drinking water. However, during tours through regions in which water is scarce, we may have to use this water sparingly.
11. Recommended insurances
MR expressly recommends obtaining the following insurances: Travel emergency insurance and travel health insurance, each with coverage of repatriation costs and luggage, accident and liability insurance. MR also recommends obtaining travel cancellation insurance.