General Conditions of Sale
The company Amara Myanmar Reise GmbH (in the following Amara Myanmar) is acting as agent for transportation services (e.g. flights) and other touristic services (e.g. hotel accommodation, rental cars) supplied by third party tour operators. Tour operators are mainly Myanmar Bavarian Travels & Tours Company Ltd and other operators and suppliers.
Amara Myanmar will execute the agent services and the selection of the tour operator with the diligence of a regular agent, it will not be liable for the resulting services of the tour operator.
As far as the tour operator Myanmar Bavarian offers several connected services in connection with one trip in the sense of §§651a ff BGB to a customer, the following conditions of sale are agreed upon in addition to the legal stipulations of §§651a-m BGB and under consideration of §§4-11 BGB-InfoV. Other tour operators may use other conditions of sale.
I. Agreement of a tour contract
By sending in an application (booking) the traveler legally offers to Amara Myanmar to enter into a tour contract with the tour operator.
This application can be done verbally, in writing, by telefax or by email or in any other electronic form. The application by the applicant (booking traveler) is also binding for all other travelers listed in the application and the applicant is responsible for all obligations of the other travelers as for his own, as far as he has signed this application for all or has accepted this obligation by another separate declaration.
Upon acceptance of this application by Amara Myanmar in the name of the tour operator a contract between the traveler(s) and the tour operator is closed. With closing or immediately after closing Amara Myanmar will sent a written confirmation of the tour operator to the traveler. If the content of this confirmation differs from the content of the application, then the confirmation is considered to be an offer to a modified agreement with the confirmed content, which the tour operator is bound to for the duration of 10 days. If the traveler accepts this new offer within the binding period (e.g. by transferring the requested down payment), the modified contract is closed. on the basis of this new offer.
The traveler is obliged to pay the agreed tour price to the travel agent for the booked travel services in the amount of the confirmed agreement.
Upon receipt of the written confirmation (and handing over of the security document, if applicable) a down payment in the amount of 20% of the tour price is due. This down payment will be deducted from the tour price. The remaining price is due four weeks before beginning of the trip as far as the trip can not be cancelled anymore by Amara Myanmar or the tour operator for reasons described in item VII (e.g. lack of minimum number of participants).
If the traveler does not pay the due amounts of the down payment or the remaining payment, Amara Myanmar as well as the tour operator are authorized to cancel the tour contract after giving notice and setting a final deadline. In this case a cancellation fee becomes due as in case of the cancellation by the traveler according to item IV.
III. Travel services and modifications
The services to be supplied by the tour operator are those listed in the description of the trip and the confirmed items in the confirmation of tour operator.
Changes of individual services from the agreed upon content of the tour contract, which may become necessary after the agreement and which were not caused by Amara Myanmar or the tour operator in violation of fair and reasonable practices, can only be implemented in case the changes are not major and do not interfere with the overall scope of the booked trip. Potential damage claims remain intact as far as the services themselves are faulty.
Amara Myanmar and the tour operator are obliged to inform the traveler about relevant changes of services immediately after receiving knowledge of the cause for the change.
In case of a major service change in relation to an important part of the services the traveler is authorized to cancel the trip without paying cancellations fee, or he can claim to participate in a different tour of the tour operators’ offer which has as least the same value, if the tour operator is in the position to offer such alternative tour. The traveler must communicate his decision between the aforementioned rights to Amara Myanmar or to the tour operator immediately after receiving the information about the change in the travel service to be supplied by the tour operator.
IV. Cancellation by the traveler before beginning the trip
The traveler can cancel the contract with the tour operator anytime before the start of the trip. For safety reasons we recommend that the traveler declares his cancellation in writing to the tour operator (and by sending a copy of this cancellation notice to Amara Myanmar).
If the traveler cancels the trip or does not start the trip Amara Myanmar can in the name of the tour operator request a reasonable payment for the services supplied and the expenses incurred.
The tour operator will calculate this damage claim for cancellation under consideration of time and value, which means they will consider
- The time period between cancellation and the beginning of the trip as contracted
- the price of the trip,
- the usual saved expenses and the possibility to find replacement customers for the cancelled services.
The cancellation fee will be calculated depending on the time of receipt of the cancellation relative to the beginning of the trip:
- up to the 30th day before the beginning of trip 20% of the tour price
- from day 29 to 22 before the beginning of trip 30% of the tour price
- from day 21 to 15 before the beginning of trip 40% of the tour price
- from day 14 to 8 before the beginning of trip 50% of the tour price
- from day 7 to 1 before the beginning of trip 70% of the tour price
- if cancelled on the day of departure or no show at the departure the cancellation fee is 80% of the tour price.
The traveler always has the right to prove that Amara Myanmar and the tour operator incurred no or only a much lower damage then the agreed upon lump sum above.
On behalf of the tour operator Amara Myanmar reserves the right to request a higher concrete damage amount in correction of the above mentioned lump sums. In this case Amara Myanmar is obliged to calculate and prove in detail that the demanded damage cancellation fee is justified under consideration of the saved expenses and the possibility to resell the offered tour services.
The tour price does not include travel cancellation insurance. We urgently suggest the traveler contracts such insurance with a third party.
V. Modification of trip by the traveler
After confirmation of the tour contract the traveler has no right to demand changes in regard of the date of trip, the target locations, the location of the departure, the accommodations, or the mode of transportation (rebooking).
If a rebooking is possible and it is requested at least 30 days before departure, Amara Myanmar as travel agent will try to accommodate this rebooking request with the tour operator against a payment of 30EUR per traveler. Later wishes to rebook by the traveler can (if at all possible) only be executed by a cancellation by the traveler of the whole trip according to item IV. and payment of the cancellation fee with a simultaneous new booking. This does not apply for rebooking requests which only cause minor costs.
VI. Unused services
If the traveler does not use individual travel services which were offered to him for causes which are in his responsibility (e.g. due to an earlier return trip or other reasons) the traveler has no right to demand any refund of the tour price. Amara Myanmar will nevertheless try to get a refund for the saved expenses by the service providers and tour operators. There is no refund obligation if the unused services are irrelevant or if law or administrative authorities prohibit the refund.
VII. Cancellation due to insufficient number of participants
In case a minimum number of participants are listed in the description or confirmation of the trip, and this minimum number is not achieved (e.g. in case of boat trips if not full charter) Amara Myanmar on behalf of the tour operator is authorized to cancel the trip and the tour contract until two weeks before departure. Amara Myanmar or the tour operator are obliged to inform the traveler immediately in case such minimum number of participants is not achieved and to send the cancellation notice immediately. In this case the traveler gets a refund of all paid tour payments unless he accepts a replacement offer by Amara Myanmar or the tour operator.
VIII. Cancellation due to force majeure
If due to unpredictable force majeure the trip is in endangered, restricted or otherwise considerably interfered with, both parties (tour operator and traveler) can cancel the tour contract. Concerning the consequences of such cancellation §651j paragraph 2 BGB applies.
IX. Obligation (notice of fault) by the traveler, obligation to cooperate
The traveler is obliged to inform the tour operator or its local representative (local tour agent) (copy to Amara Myanmar) in case of the experience of any fault and to request remedy. The traveler will receive information about the person, the contact details and communication data of the local representative of the tour operator when he receives the information material for his trip.
If according to the contractual agreements a local tour guide or representative is not required then the traveler has to inform the tour operator in Yangon or the travel agent Amara Myanmar in Germany immediately about any fault in the tour services.
As far as the traveler neglects his obligation to inform about a fault he looses his right to request reduction in price.
The traveler is obliged to cooperate to prevent and reduce any damages, in case a service is faulty. This applies only within the legal requirements.
If the tour services are not supplied properly the traveler can ask for remedy. The tour operator can refuse remedy if such remedy would require an unreasonable expense. The tour operator can also supply remedy in the form of offering an equally valued replacement service.
For the duration of the incorrect supply of services the traveler can request a proportionate reduction of the price of the tour. This reduction does not apply if the traveler is in violation of his obligation to inform the tour operator and agent about the fault.
If due to incorrect services the trip is of considerable lower quality and if the tour operator does not supply remedy within an appropriate time, the traveler can cancel the tour agreement according to the legal provisions. The same applies if due to such fault the traveler can not be expected to continue the trip, if such consequence is known and recognizable to the tour operator. The obligation of the traveler to ask for remedy within a certain time period does not apply if any remedy is impossible or if the tour operator refuses any remedy or if the immediate cancellation of the trip is justified by a special interest of the traveler. The traveler can ask for damages due to not fulfillment of the contract independent of the above price reduction or cancellation unless the fault is caused by a factor that neither the tour operator nor Amara Myanmar are responsible for.
XI. Responsibility for damages, Expiry
The tour operator is only responsible for faulty services according to the legal provisions. According to the contract the obligation because of fault expires after one year beginning with the day of the end of the trip. Item XII. applies for damage claims due to faulty services.
XII. Responsibility for damages, Limitation of damages, Expiry
For damages which are not bodily harm the contractual obligation by the tour operator and Amara Myanmar (tour agent) is limited to the threefold price of the tour of such traveller, as far as a.) such damage of the traveler was not caused by the tour operator or Amara Myanmar (agent) on purpose or by gross negligence, or b.) as far as the tour operator or Amara Myanmar (agent) are only liable for such damage due to a violation of the responsibilities by one of its service sub-suppliers.
For all damage claims based on illegal action which are not based on purpose or by gross negligence the tour operator and Amara Myanmar (agent) are only responsible for any damage up to the threefold price of the tour per tour per traveler.
The contractual obligation of the tour operator or Amara Myanmar (agent) is excluded or limited as far as international laws and agreements or legal stipulations based on those exclude or limit the obligation of the service of any sub-suppliers of the tour operator or Amara Myanmar (agent). As far as an obligation for damages not relating to life, body or health of the traveler are not fully excluded due to minor negligence, these damage claims expire after one year after the damaging event causing the damage claim.
The tour operator and Amara Myanmar are not liable for any fault, personal damage, property damage etc. in connection with services which the tour operator or Amara Myanmar solely solicit as an agent (e.g. excursions, sport events, theater visits, exhibitions, transportation services to-and-from the listed start and ending location), as far as such services are specifically described in the description and confirmation of the trip, to be supplied by other tour operators indicating the name and address of that tour operator, so that such services are clearly recognizable by the traveler as not being part of the tour agent services or agent services by Amara Myanmar.
Exclusion of damages
The traveler has to claim any damages due to violation of the contract (faults) within one month of the planned ending of the tour to the tour operator. After expiry of such period the traveler can only claim any damages if he is not liable for violating the said period.
XIII. Passport, Visa and health regulations
Amara Myanmar will inform the traveler with sole German nationality about the regular passport, visa and health regulations and possible alterations of such before the beginning of the trip as far as possible. We wish to inform our non-German travelers that possibly differently passport and visa requirements are applicable for such foreigners. For foreigners the respective consulate will give the necessary information. When we indicate the necessary time periods for the reception of the necessary documents the indicated time frames are based on the usually applicable deadline. The traveler himself is responsible to apply for and to receive and to bring along all necessary documents for the trip and to receive all potentially necessary vaccinations and to adhere to all customs and currency regulations. All negative consequences, especially the payment of cancellation fees, which result from violating such regulations are the responsibility of the traveler; this does not apply if Amara Myanmar has informed the traveler not at all, to late, insufficient or wrongly with gross negligence.
XIV. Travel insurance
Please be aware that the tour price and the supplied services do not include an insurance to avoid cancellation fees (RRV) and no insurance for additional costs to cover transport back in case of accident or illness. If you cancel your trip before starting the trip, cancellation fees will apply. In case of cancellation during the trip, in addition to this transportation and other additional costs may incur. We recommend that the traveler buys separately the necessary insurance policies for such travel specific events, which can materialize before, during and after his trip.
XV. Applicable law
For the whole contractual obligation between the traveler and Amara Myanmar exclusively German law is applicable. This applies also for the agreements with the tour operators as far as they have not agreed on a specific separate applicable law.
XVI. Place of Jurisdiction
As far as the traveler files claims against Amara Myanmar outside of Germany and the responsibility of Amara Myanmar is not based on German law, then nevertheless in regard to the consequences of such claim, especially the kind of claim, amount of claim and volume of claims by the traveler, exclusively German law is applicable.
The traveler can sue the agent Amara Myanmar only at the company location in Germany.
The traveler can sue the tour operator only at the company location of the tour operator.
For claims of Amara Myanmar against the traveler the travelers’ residence is relevant. If the traveler has no regular residence in Germany or in any other EU member state, then the exclusive location for jurisdiction for any claim based on this contract is the location of Amara Myanmar in Munich.
Exclusive location of jurisdiction is in case of contracts among businessmen, juristic persons of public-law or public-law special entities, the jurisdiction of Amara Myanmar. The jurisdiction in such cases for any claim towards the tour operator is the jurisdiction at his company location.
The afore mentioned applicable law and jurisdiction regulations do not apply, if and as far as based on contractual not changeable stipulations of international agreements, which are applicable for the tour contract between the traveler and the tour operator or the agent contract with Amara Myanmar another jurisdiction in favor of the traveler is stipulated, or if and as far as the tour contract or agent contract is subject to unchangeable stipulations of the member state of the EU of the traveler has more favorable stipulations for the traveler than the aforementioned regulations or the respective German stipulations.
The invalidity of a clause of these conditions of sale has no effect in regard to the validity of other clauses or the conditions of sale as a whole.
Amara Myanmar Reise GmbH (agent)
Kolpingstrasse 8, 83646 Bad Tölz, Germany
phone: +49.(0)8041-9424, fax: +49.(0)8041-71697
Myanmar Bavarian Travels & Tours Co. Ltd. (tour operator)
No.6, Tayza Rd. Mingalardon Tsp., Yangon, Myanmar
phone: +95.(0)1.663347, fax: +95.(0)1.663347