MyCaucasus Travel

General Terms and Conditions

June 1, 2018 Version

The following terms and conditions apply to all services of MyCaucasus GmbH (hereafter called MyCaucasus). Before booking a trip with MyCaucasus, please read the terms and conditions below and make sure you understand them. Further, we recommend that you carefully read all the information about your trip on our website before booking to ensure that you understand the itinerary, the level of comfort and the difficulty of the trip.

1. Conclusion of contract

When booking a trip advertised on the MyCaucasus web portal or in a catalog of MyCaucasus, you accept these terms and conditions and enter a contract with MyCaucasus. A booking can be made by filling out the online booking form on the web portal of MyCaucasus, by e-mail, by phone or in a personal conversation. As soon as possible MyCaucasus will send you an acknowledgment of the receipt of your booking by e-mail.

The services to be provided by MyCaucasus are those stated in the booking confirmation. It is the responsibility of the customer to check the acknowledgment of receipt for any discrepancies and, if available, to report them directly to MyCaucasus. If costs arise due to a lack of notification of discrepancies, these are borne by the customer. The booking confirmation will be sent to MyCaucasus as soon as you have provided MyCaucasus with the required personal details (see clause 3).

2. Validity

Dates, itineraries and prices on the web portal of MyCaucasus are valid from January 1, 2018 to December 31, 2018. Dates, itineraries and prices for the period after 31 December 2018 are only approximate guidelines. The services booked with MyCaucasus are only valid for the dates stated in the booking confirmation.

3. Personal details

For us to prepare your trip, you must provide us with all required details no later than 7 days after payment for your trip. The required details include the full name on your passport, date of birth, nationality, number and expiration date of your passport, and any existing medical conditions that may affect your travel. Without providing this information, MyCaucasus will not be able to confirm your booking. Next you have to send MyCaucasus a copy of your passport.

4. Prices

4.1 Tour price and payment

The travel price to be paid by you results from the information on the web portal of MyCaucasus and the price lists respectively from the travel catalog of MyCaucasus. Basically, however, the prices valid at the time of booking are decisive. If not stated otherwise in the travel announcement, the full amount must be paid at the time of booking. You will receive the travel documents after receipt of full payment, at the latest two weeks before departure. A non-timely payment entitles MyCaucasus to refuse travel services or to retain the travel documents.

4.2 Price fluctuations

The prices of MyCaucasus travel are subject to seasonal fluctuations due to demand, market conditions, availability, costs and exchange rates, which is common in the travel industry. It is likely that MyCaucasus will charge different rates to different guests for the same trip, depending on the time of booking. Offers and prices that become available when your booking is confirmed are not valid. If you wish to cancel your booking in order to receive a cheaper rate, the full cancellation conditions apply (see clause 5).

5. Cancellation

5.1 Cancellation by the traveler

Cancellation of some or all components of a booked trip must be in writing. If you cancel some or all parts of your booked trip, MyCaucasus will charge the following cancellation fees:

Cancellation takes place more than 50 days before the first day of travel: There are no cancellation fees. MyCaucasus will refund the full amount you paid.

The cancellation is made 31 to 50 days before the first day of travel: The cancellation costs are 25% of the price paid. MyCaucasus will refund you 75% of the amount you paid.

The cancellation is made 21 to 30 days before the first day of travel: the cancellation costs are 50% of the price paid. MyCaucasus will refund you 50% of the amount you paid.

The cancellation is made 20 days before the first day of the trip: The cancellation fee is 100% of the price paid. MyCaucasus retains 100% of the amount you have transferred and does not pay you back.

MyCaucasus strongly recommends that you purchase cancellation insurance before booking your trip, which covers the above listed cancellation costs.

5.2 Cancellation by MyCaucasus

In rare cases MyCaucasus may be forced to cancel a trip for reasons beyond MyCaucasus's control, whether for your own safety or other compelling reasons such as, but not limited to, non-grant or withdrawal of land rights, force majeure, weather conditions, armed conflicts, riots, strikes, etc. MyCaucasus will endeavor to inform you as soon as possible in such cases and to offer you a replacement solution. If MyCaucasus must change a trip that you have already paid, resulting in an objective shortfall of the originally agreed service, you will receive a refund from MyCaucasus.

However, if additional costs arise after the conclusion of the travel contract, you may experience a price increase. If this is more than 10% of the originally agreed travel price, you have the right to withdraw from your contract for free within 5 days of receiving our notification.

MyCaucasus may cancel a trip at any time up to 30 days before departure if, due to terrorism, political instability, natural disasters or other external events, it is not possible to carry out the intended trip or if events beyond MyCaucasus's reasonable control prevent the execution of the trip.

If MyCaucasus cancels your trip, MyCaucasus will fully refund the amount you have already paid. MyCaucasus is not responsible for any incidental charges incurred in connection with your booking, including but not limited to visa, insurance, flights or vaccinations.

The trips offered by MyCaucasus are based on a minimum number of participants. This may vary from trip to trip. If the minimum number of participants is not reached for the trip booked by you, MyCaucasus is entitled to cancel the trip no later than 21 days before the scheduled start of the trip. Of course, in such a case, MyCaucasus will endeavor to offer you an equivalent replacement program. If this is not possible or you refuse, MyCaucasus will refund the full amount paid for your trip. Further compensation claims are excluded.

6. Booking changes

6.1 Booking changes by the traveler

6.1.1 Rebooking and transfers

If you would like to book a different trip instead of the booked trip, or if you want to transfer your booked trip to another person, there will be charges for you.

If you inform us in writing at least 40 days before the first day of your trip, MyCaucasus will charge you a fee of 100 EUR or 100 USD or 100 CHF per transfer or rebooking, per transfer or rebooking. In addition, MyCaucasus will charge you for the fees charged by hotels, ground operators, airlines and / or other partners.

If you inform us in writing less than 40 days before the first day of your trip, you will not be able to rebook or transfer your trip. The cancellation conditions apply (see clause 5).

6.1.2 Cancellation and change

If for some reason you must cancel your trip prematurely, change it or you join later than intended in the itinerary, MyCaucasus will not be able to refund you the fare paid for the trip. Any additional costs are at your expense. For this reason, we recommend you take out an insurance, which will cover the costs incurred, if you must stop your trip prematurely for an urgent reason (e.g. accident or your own illness, death or serious illness of relatives etc.).

6.1.3 Change requests

If you would like to change some elements of your trip, such as upgrading to a single room and / or accommodation or changing a planned activity, MyCaucasus will charge you a fee of 50 EUR or 50 USD or 50 CHF per change. In addition, MyCaucasus will charge you for the fees charged by hotels, ground operators, airlines and / or other partners. Desired changes to a booking can only be made if you apply in writing to MyCaucasus at least 10 days before the first day of your trip.

6.2 Booking changes by MyCaucasus

6.2.1 Program changes

MyCaucasus reserves the right, even in your interest, to change any components, programs or individual agreed services of a trip (such as accommodations, restaurants, mode of transport, means of transport, activities and excursions) if unforeseen circumstances so require.

6.2.2 Overbooking

If the problem of overbooking arises, MyCaucasus reserves the right to inform you at short notice. MyCaucasus strives to offer you a replacement solution.

7. Passport-, visa- and other regulations

You are responsible for compliance with passport, visa, customs, foreign exchange and health regulations. MyCaucasus disclaims all liability arising out of non-compliance with such rules. For this reason, we recommend that you inform yourself in detail and up-to-date with the responsible diplomatic representation.

If you do not comply with the entry regulations of a country and you are therefore prevented from participating in a trip, you must pay the appropriate costs yourself.

8. Insurance

The MyCaucasus travel promoted by MyCaucasus does not include insurance coverage. For this reason, we require all travelers to take out personal travel insurance. You are responsible for the completion of this travel insurance. Your travel insurance must include coverage against accident, death, medical expenses and emergency repatriation. The minimum coverage must be 200 000 EUR or 200 000 USD or 200 000 CHF per coverage category. While not compulsory, but also recommended is that the travel insurance also covers the cancellation, reduction, personal liability and the loss of luggage and personal effects.

The information about your travel insurance will be collected on the first day of your trip by the tour guide. We recommend that you carefully read the general insurance conditions of your travel insurance before you leave on your trip.

9. Requirements

9.1 Minimum age

The minimum age for tours of MyCaucasus is 16 years. All travelers between the ages of 16 and 18 must be accompanied by either a guardian or an attendant older than 18 years and appointed by the traveler's legal guardian. The guardian or his representative is responsible for the passenger under 18 years old. If a guardian decides to appoint an escort, both guardian and attendant must complete and sign a document to delegate authority accordingly.

Please note that MyCaucasus cannot guarantee triples or connecting rooms for families. An accompanying adult must expect to share a room with others.

9.2 Maximum age

There is no upper age limit for most of MyCaucasus's trips. However, MyCaucasus reminds you that certain trips can be physically exhausting, and you should ensure that you are capable to participate in the tour.

9.3 Health

We recommend the start of a trip of MyCaucasus only in good health. This decision is the responsibility of the customer.

10. Defects and complaints

If you have any complaints during your trip, you must address them immediately to the tour guide of MyCaucasus or to the local MyCaucasus representative. This procedure is a necessary condition for a later assertion of your compensation claims. In addition, it provides in most cases relief by finding a solution.

If, despite your intervention, no adequate solution can be found, you are required to request written confirmation from the MyCaucasus tour guide, MyCaucasus representative or the service provider to record your complaint and its contents. The tour guide of MyCaucasus, the local representative of MyCaucasus and / or the service providers are not entitled to accept compensation claims from you. You are entitled to remedy the shortcomings of your trip yourself, if the tour guide of MyCaucasus, respective, the local representative of MyCaucasus or the service provider does not provide an adequate solution within 48 hours at the latest. The resulting costs will be reimbursed to you in the context of legal and contractual liability of MyCaucasus against presentation of the receipts.

If the continuation of the trip or the stay on site is not reasonable because of serious deficiencies, you are obliged to ask the travel agent of MyCaucasus, the local representative of MyCaucasus respectively to obtain a corresponding confirmation from the service provider that you have complained and for what reason you have complained. They are required to record your complaint in writing.

Your replacement request as well as the confirmation of the tour guide or the local representative of MyCaucasus or the service provider must be addressed in writing to MyCaucasus, Mäderstrasse 12, 5400 Baden, Switzerland within four weeks after the agreed end of your journey. Failure to comply with these terms will void any right to compensation.

11. Liability

11.1 General

MyCaucasus guarantees you:
- The careful selection and monitoring of all companies involved in your journey.
- The correct, comprehensive and up-to-date description of your trip on the web portal.
- The professional organization and execution of your trip.

MyCaucasus compensates you for the failure or incorrect provision of agreed services, unless MyCaucasus, the tour guide or the local representative of MyCaucasus was able to offer you an equivalent replacement service on the spot and if you have no fault of your own. Our liability is in any case limited to a total of twice the travel price and only covers the direct damage.

MyCaucasus cannot accept liability for program changes due to flight delays or strikes. Similarly, MyCaucasus is not liable for program changes that are due to force majeure, weather conditions, official orders or delays of third parties for which MyCaucasus is not responsible.

If you want to assert liability, your claim must be received in writing by MyCaucasus GmbH, Mäderstrasse 12, 5400 Baden, Switzerland, no later than 30 days after the end of your trip. Otherwise, your claims will expire. All claims for damages expire 365 days after the end of your trip.

11.2 Limitation of liability

MyCaucasus is not liable if the failure or poor performance of the trip is due to:
- a failure of the customer;
- an unpredictable and / or unavoidable omission by a third party not involved in the provision of the contracted services;
- force majeure or an event that MyCaucasus or a service provider could not have been foreseen or avoided, despite due care.

MyCaucasus is therefore not liable for changes to the itinerary caused by strikes, social unrest, weather conditions, government decisions, third party delays, etc. or changes to the flight plan.

11.3 Optional activities

In many places on your journey, there is the possibility of having optional activities such as to book local events or excursions. Optional activities not included in the tour price are not part of your travel or these terms and conditions. You accept that any assistance provided by your guide or local representative in organizing optional activities does not imply any liability for MyCaucasus. The contract for the provision of this activity is concluded between you and the provider of the activity

11.4 Accidents and illnesses

MyCaucasus assumes liability for direct damage in the event of death, personal injury or illness during the journey, if culpably caused by MyCaucasus or a company commissioned by MyCaucasus.

In the event of death, injury or illness suffered in connection with air transports or with the use of transport companies (rail, ship, bus, etc.), the amount of the compensation claims shall be limited to the sums resulting from the applicable international agreements or national laws.

Further liability of MyCaucasus is excluded in these cases.

11.5 Property damage

In the event of theft and loss, MyCaucasus assumes liability if it occurs during a trip with MyCaucasus and if the tour guide of MyCaucasus or a company commissioned by MyCaucasus is at fault. In this case, the liability remains limited to the immediate damage, but not more than twice the amount paid by the injured person for the tour.

MyCaucasus expressly warns you that you are responsible for the safekeeping of cash, credit cards, valuables, jewelry, photo and video equipment, etc. You must never leave these items unattended. MyCaucasus is not liable for theft, loss, damage or misuse.

In the event of damage or loss incurred in connection with air transport or the use of transport companies (rail, ship, bus, etc.), the amount of the compensation claims shall be limited to the sums resulting from the applicable international agreements or national laws. Further liability of MyCaucasus is excluded in these cases. MyCaucasus recommends that you take out a baggage insurance.

12. Privacy

MyCaucasus may use the personal information you provide to us for any purpose related to the conduct of your journey. Furthermore, MyCaucasus is entitled to use it to send you information and promotional material from MyCaucasus. MyCaucasus may disclose your personal information to its agents, service providers and suppliers, if this is related to the conduct of your trip.

Otherwise your personal data will be treated according to the privacy policy on the web portal of MyCaucasus.Learn more about it in our privacy section.

13. Applicable law and jurisdiction

The contractual relationship between you and MyCaucasus is governed exclusively by Swiss law. Claims against MyCaucasus can only be brought at the company headquarters in 5400 Baden, Switzerland.

14. Ombudsman

Before a possible legal dispute, you can contact the Ombudsman of the Swiss travel industry. The Ombudsman seeks to strike a balance and fairness in any type of problem between you and MyCaucasus. The address of the Ombudsman is: Ombudsman of the Swiss Travel Industry, PO Box, 8038 Zurich, Switzerland. Phone: +41 44 485 45 35. E-mail: info@ombudsman-touristik.ch.

15. Registered address

The registered address of MyCaucasus is: Mäderstrasse 12, 5400 Baden, Switzerland. Read the imprint to learn more.

16. Updating the terms and conditions

MyCaucasus reserves the right to update and / or modify these Terms and Conditions at any time. It is the responsibility of the customer to be familiar with these terms and conditions. You can find the current terms and conditions at any time on the MyCaucasus website: mycaucasus.com.