GENERAL TERMS AND CONDITIONS
The General terms and conditions are intended to govern the relationship between Kyrgyz’What, registered under Kyrgyz law by the number 0016497 (State number) and 1355513301 (register number) at the address BISHKEK (Kyrgyzstan), Koshon 34, Archa Beshik (hereinafter referred to as «Kyrgyz'What? », “we”), and the customer (hereinafter “you”, “your”, “the participants”). Any stay purchase implies the pure and simple acceptance of the present general terms and conditions.
I.1. Types of stays We organize and offer to sale some itinerant tours and some homestays accommodations. The present general terms and conditions apply to both the first ones and the second ones. All these products are referred to as the generic term “stays” in the present general terms and conditions.
I.2. Stay extension If you want to prolong or complete your stay in Kyrgyzstan, you can bring forward the date of your arrival or delay your departure and organize the additional stay of your choice. Any request to that end must be presented to us. We will draw up a proposal of additional stay and the corresponding estimate.
I.3. Transportation to departure point You can ask us to book on your behalf the international airplane or train tickets permitting you to arrive in Kyrgyzstan or to leave the country. According to your place of residence, the means of transport you’ve chosen, and the offers of the different companies, we can be led to propose you, either a direct transportation from your place of residence, or a pre-transportation until a valid place of departure. Exceptionally, if the international transport is too early for the pre-transportation to occur the same day, or if the schedules don’t match together, you can be proposed to have a pre-transportation the day before. In that case, you would bear the possible necessary accommodation. Any change in the amount of taxes, fees and/or fuel surcharges applied by the authorities and/or airlines will be fully and immediately passed on to you, even if you’re already registered and have already paid the corresponding service. If you are already registered, the upward revision of the price of your stay won’t be possible less than thirty days before the date of departure.
I.4. Descriptions of the stays The pictures shown on our website are simply intended to illustrate the descriptions of the landscapes that you may see during your stay. They don’t constitute any sort of contractual obligation from us. We act as an agent to the hotels, owners, hosting families or partners who provide accommodation, transport and other services. These different partners are audited each year. We are not responsible for the alterations intervened on the accommodation places since the publication of their description on our website.
I.5. Itineraries and programs We do not guarantee the conformity with the itinerary that was proposed during all the stay. We may modify the itinerary of the stay if some circumstances oblige us to, or in case of circumstances beyond our control. We commit ourselves to minimizing these possible changes and to looking for services of similar quality as appropriate. Similarly, feasts and holidays, and possible strikes and demonstrations in the places visited, can lead to changes in the visits or tours. We are not responsible for these possible changes. Any change will have to be mentioned and justified to you, first. Journey times are given for information purposes only and don’t constitute any sort of contractual obligation. All the itinerant tours can be made in the direction indicated on our website or in the opposite direction, according notably to climatic or technical conditions.
If you desire to change accommodation or transportation during your stay, or if this has to be done for external factors such as weather conditions, the extra fee is entirely at your charge.
The program of a day that includes a domestic flight can be modified, even after the stay has begun, according to the final schedule of the flight (possible delay or schedule change). We are not responsible for the changes of the program bound to a schedule change of the domestic flight or a delay. We reserve the right, before and after the beginning of the stay, and after informing you, to cancel or modify all or part of the stay, to change hotel or means of transport without possibility of refund, if such changes result from circumstances beyond our control or if they’re considered necessary for your safety. The additional real costs will be borne by you. If one or many whole days are not completed for our own reasons, we commit ourselves to refunding you up to 75 euros per day.
I.6. Meetings with the locals We commit ourselves to doing what we can for the meetings to go off in the best possible way, notably working with guides endowed with good communication skills and able to ensure better interactions between locals and customers, but do not guarantee the quality of each meeting from one family to the next or from one day to the next. Likewise, the services at the families’ are not hotel’s ones, and a good welcome is not a due. A family can have compelling reasons (work, illness, etc.) that momentarily prevent it from welcoming you in good conditions. At last, your own behaviour towards the local people also has an influence on the welcome you’ll receive in return. We do not guarantee the quality of the meetings with the locals. The quality of the meetings does not constitute any sort of contractual obligation from us.
I.7. Interventions of the couriers Travelling with a group necessarily implies some compromises in order to adapt to the external circumstances, to the goals of the travel, to the characters, and to the physical abilities of everybody. In this context, the expedition leaders and/or the local guides can be led to take decisions for the general interest of the group. These decisions can go against the expectations of some participants. We will never call into question the honesty of the couriers regarding this type of decisions, and you commit yourself to not seeking our liability for a decision taken in the general interest. We reserve the right not to accept or not to maintain any person taking part in a stay, if the behaviour or the physical state of this person prevents from the good course of the stay or prejudices the safety, the pleasure, or the interests of the other members of the stay. If you are invited to leave a current stay for the reasons mentioned above, you will be responsible for the costs associated with your leaving and your back to your home. We won’t consider any complaint nor any claim.
II.GROUPS AND RATES Rates are calculated according to the specificities of each stay, the activities and the services planned. Rates are indicated on our website, on the page corresponding to each stay. Rates vary depending on whether they concern a generic group or an exclusive group.
II.1. Generic groups Generic groups are groups we formed ourselves as bookings arrived. They’re composed of three participants minimum and eight participants maximum. They can’t exceed eight participants except if all the registered participants agree to be more than ten. On the other hand, this maximum may be increased to ten if the last booking, while there are already eight registered participants, concerns two persons travelling together ; in that case, the opinion of the other participants won’t be asked. Departures are guaranteed from three participants. If there are only two participants registered, we commit ourselves to guaranteeing the departure for the payment of an extra charge whose amount varies according to the stay, and that is indicated on our website, on the page corresponding to each stay. If the two participants refuse this proposition, we commit ourselves to proposing them another stay of its own range with dates similar to the stay already booked ; if needed, the two participants can be directed to another travel agency. If the participants refuse the different propositions, we commit ourselves to refunding them the whole of the sum paid, within not more than thirty days before the date of the initial scheduled departure. Rates for this type of stays are indicated on our website, on the page corresponding to each stay.
II.2. Exclusive groups If you want to travel with a group exclusively composed of your friends or your family, and without any other travelers, you can privatize a stay. The dates of departure and back are freely set and the rate depends on the number of participants. The different rates are indicated on our website, on the page corresponding to each stay. The privatized stay is adjustable, some services can be added or cut off and the itinerary can be modified. Then the rate can be adjusted according to the changes made. In that case, we send you a personalized estimate. We commit ourselves not to adding any additional participant to an exclusive group, except if the whole group expressly asks for it. In case of cancellation by one or many members of the exclusive group, consult the Cancellation paragraph.
II.3. « Spotting » stays. Kyrgyz'what regularly organizes « spotting » holidays to discover new regions of Kyrgyzstan, and build up new trips. During these tours, we can take some travelers with us. You will benefit from a price 30% to 50% lower than a fixed tour. We take upon us the guide’s salary, and part of the costs. The client recognizes that he/she is participating in a spotting tour, and therefore Kyrgyz’What is not liable for any problems in organization. We are going to the region for the first time and discovering these places and accommodations with you. They may not be aligned with our and your expectations. We in no case bear responsibility for this. You are responsible for paying any extra fee that may be necessary during the trip and 100% of your individual expenses. Group expenses will be shared, 50% paid by us and 50% paid by the participants at an equal share rate. You are expected to communicate your feedback on the tour, detail the good points and those that need to be improved. We will appreciate any photos from your stay.
II.3. Minors We accept to register minors if they travel with their parents or another person authorized by the parents. Minors from sixteen to eighteen years old inclusive can take part alone, but with the written authorization of both parents. We reserve the right to refuse the registration of a minor, after studying the case, notably if the stay goes off far from medical infrastructures.
III. BOOKING AND PAYMENT
III.1. Booking Stays must obligatorily be booked by our website, www.kyrgyzstantravel.com , or by the online sale generalist websites that propose our stays. If you want to book a stay we offer for sale, you must obligatorily fill in, date, sign and send back the online booking form via our website, www.kyrgyzstantravel.com, and the booking system www.nomadays.com. The booking is final only as soon as we receive the booking form duly completed. An acknowledgement of receipt is sent electronically to you. If you do not receive the acknowledgement of receipt, the booking is nevertheless final from its receipt by us.
III.2. Payment Payment is made obligatorily and exclusively by credit card on our website, via the secured payment system Hipay. 20 % of the price must be paid at the time of the booking. The rest of the price must be paid before thirty and fifteen days before the date of departure. If this condition is not fulfilled, we may choose not to complete the services you booked. If you want us to buy for you international train or plane tickets, then you must pay at the time of the booking 100 % of the total price, without any possibility to pay in several times. A bill is sent to you after the payment of the first advance payment of 20 %, or after the payment of 100 % of the price, and, if need be, when the balance is received. You have no right of withdrawal. The booking is final as soon as we receive the online booking reservation. Any cancellation request will entail cancellation fees.
IV. CANCELLATION If you bought a stay and want to cancel it, you must notify it in writing to us, by electronic means, as soon as possible. You send us the complete information, in RIB/IBAN form, about the current account where the sums must be repaid. We set up the possible repayment by bank transfer, in the eight days of our receipt of the customer’s bank information. You will bear the possible transfer fees.
IV.1. Cancellation of the stay
IV.1.1. Generic group
We set up the repayment of the sums paid after application of the following excesses :
- 20 (twenty) % excess on the price of the tour for any cancellation notified until thirty days before the initial scheduled departure date (+ bank transfer fees) ;
- 50 (fifty) % excess on the price of the tour for any cancellation notified between thirty and seven days before the initial scheduled departure date (+bank transfer fees) ;
- 100 (one hundred) % on the price of the tour for any cancellation notified less than seven days before the initial scheduled departure date.
IV.1.2. Exclusive group
We set up the repayment after distinguishing the personal services and the common services.
IV.1.2.1. Personal services
The personal services are the ones of each participant, such as the participation to the activities, the locations, the own participation at the stay. They are reimbursed after application of the excesses indicated in the paragraph IV.1.1.
IV.1.2.2. Common services
The common services are the ones all the participants, without distinction, take advantage of, such as guide, driver, possible cook, vehicle.
The members of an exclusive group jointly meet the cost of the common services.
If you are member of an exclusive group and if you cancel your stay, you will keep the debt of your own share on the common services, except if the other participants unanimously agree to share this additional cost. Before making out the detailed account of the reimbursable amount, we ask the other participants, electronically, if they agree to divide up among themselves the payment of your share.
IV.2. Cancellation of the international transports If you who bought, through us, some international train or plane tickets, you will be applied the cancellation policy of the transport company concerned. You commit yourself to become acquainted by yourself of the cancellation policies of the different companies (airline and/or railway company) chosen. You will set up the repayment of the tickets only in the cases provided by these companies. The amount paid will then be equal to the one received we will receive from the company. We won’t do any repayment before having ourselves been compensated.
IV.3. Cancellation guarantee and travel insurance
IV.3.1. Cancellation guarantee
You can take out a cancellation guarantee of 30 (thirty) euros, covering the cancellation fees of the personal services up to 100 % and permitting you to cancel your stay up to seven days before the departure and without any justification.
In an exclusive group, the cancellation guarantee does not cover the other participants of the tariff reappraisal.
The cancellation guarantee does not cover the repayment of the international transport fees.
IV.3.2. Travel insurance
You can take out a complete travel insurance Routard assurance that covers all the risks bound to the travel, for travels lasting less than eight weeks, through the AVI society.
For travels lasting more than eight weeks, you can take out a travel insurance Marco Polo near the same society.
Information can be read on the website www.avi-international.com.
Taking out the insurance can be done at the moment of the online booking of the stay, via the booking system nomadays.
We make easier the contact between you and AVI, but we remain a third party to the contract between you and AVI. We are not responsible for the facts and services of AVI.
V. RISKS AND RESPONSIBILITY We are not responsible for any delays, losses, damages to personal property and the person, that could occur during the stay. We act as an agent near the different airlines and railway companies, and we are not responsible for any delays, airspace congestions, breakdowns, flight or train cancellations, losses, thefts or damages to luggage or other travelers’ personal belongings, for physical damages, occurred by the fact of the airline or the railway company. We are not responsible for possible problems bound to passports, visas or any other incomplete, invalid or erroneous documents. We are not responsible for changes in the program or cancellations of services that were needed by some time constraints or by an international flight’s delay. We won’t bear any fee bound to these causes. We are not responsible for any meteorological or political events, nor for any unforeseeable events such as wars, political troubles, strikes external to us, riots external to us, technical or administrative incidents external to us, that could occur during the stay. We are not responsible for the cancellations needed by circumstances brought about by force majeure, for travelers’ security, or by an order of an administrative authority. We reserve the right to change the dates, schedules or itineraries planned, if we judge that your security can’t be guaranteed, without possibility for you to claim any compensation. We are not responsible for the hygiene, the quality of the infrastructures, the telecommunications, the quality of the pipes network, that you will find all along your stay. We are not responsible for the level of the medical treatments and medical services, nor for the possible absence of a doctor or of any medically competent person, nor for the possible unavailability of some medicines. We are not responsible for your personal wellbeing, nor for your health. You are solely responsible for yourself and abandon any action for damages against us if an accident occurred or if an illness broke out during the stay or after being back. Similarly, you are solely responsible for the information you could collect before the departure about vaccinations and sanitary measures recommended, and for the way you would use these information.
VI. PROMOTIONAL USE We reserve the right to take pictures of all the participants during the stay and to use the pictures to promote the stays. If you don’t want, you must tell it to us before the beginning of your trip.
VII. DATA PROTECTION The personal data indicated at the time of the online reservation via our website (or any sale website) and the booking system www.nomadays.com is necessary for the booking to be treated, and are registered by the nomadays system. These data are not passed on to a third party. You have a right of access, rectification and deletion of personal data collected by us.
VIII. JURISDICTION Any dispute arising from the sale of a stay and from the application of the present terms and conditions lie within the authority of the Kyrgyz courts.