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1.) Contact liability
Otto Gries works as a travel agent for the company OcOO Mountain Tour Talas organising hunting trips for them. OcOO Mountain Tours is responsible for their hunting tours this includes obtaining necessary regulatory approvals from governing and private bodies. Upon agreement of a travel contract the traveller authorizes and empowers the agent Otto Gries to form a travel contract on their behalf with the company OcOO Mountain Tour Talas. If further services such as the purchase of airline tickets, car rentals are required, the traveller authorizes and empowers the agent Otto Gries to form a new contract with OcOO. Any contractual rights are therefore only established between the traveller and OcOO.
The contracts will be effective from the moment Otto Gries gives the traveller a written travel confirmation.
2.) Payment condition
The money amount shown on the order is directly owed to OcOO Mountain Tour Talas. The traveller has the option of having Ottto Gries arrange for necessary entry requirements (e.g. visas, flights etc) for the hunting trip. The accruing costs for such services are billed separately by Otto Gries. Before the start of a trip a deposit is to be paid to OcCOO Mountain Tour Talas (please see our price list here. The deposit is noted on the travel order and is to be paid immediately. The travel order is not booked until the deposit has been received by OcOO Mountain Tour Talas. The outstanding amount of money including any extra amounts for trophies are payable in Kyrgyzstan/Tajikistan. Any deposit amounts paid will be adjusted against the total travel price and noted in the travel confirmation. The final payment of the hunting trip is based on a signed protocol by the traveller. This amount is due at the end of the hunting trip.
Otto Gries (as an agent) is liable for the proper conduct of the procurance of the contract. Otto Gries is not liable for the services offered by the tour operators, other service providers or other third party services.
The traveller is aware that the offered hunting trip is not comparable with a relaxing holiday trip. The hunting tours carried out by OcOO Mountai Talas take place in the outback of Kyrgyzstan. The hunting areas are subject to a variety of uncontrollable conditions such as weather, behavior of the game, number of animals, current grazing situation etc. The comfort of the hunting trips can therefore be constrained upon and outside of the control of Otto Gries and OcOO Mountain Tour-Talas and where Otto Gries is not to be held liable. Otto Gries can not guarantee weight, size and class of trophies. Agreements with third parties of the traveller (eg, their hunting staff, attendants, etc.) do not have a binding obligation on Otto Gries. An agreement can only have a binding obligation if an agreement in writing between the traveller and Otto Gries has been established. Otto Gries and OcOO Mountain Tour Talas are not liable for any accidents or incidents such as baggage loss, damage, delay, hunting and traffic accidents, strikes, delays, political unrest, war and natural disasters.
The traveller is responsible for regulatory compliances, especially immigration and custom regulations and international agreements on the protection of species. Each shot is fired at the travellers own risk. If the traveller is shooting game and the animal can not be found the game is considered as shot. Therefore payment of at least three-quarters of the hunting trip amount less the deposit is due. The traveller has to expect sanctions imposed upon him by the destination country and particular prosecution if he/she is slaying a game without given shooting consent of the accompanying hunting guide. The accompanying hunting guide will make all travellers aware of this risk.
Liability claims upon Otto Gries and OCOO Talas Mountain Tour by hunting reserves and facilities and transporting businesses in the hunting area are invalid. The liability of defects against Otto Gries and OcOO Talas Mountain Tour is limited to negligence defects or wilful misconduct defects only. Liability claims against Otto Gries and OcOO Talas Mountain Tour are limited to the total hunting trip price times two with the total hunting trip price not to include shooting and license fees as well as refundable compensation reimbursements. This does not apply for any individual contractual services made in writing and offered by Otto Gries.
Contractual claims against Otto Gries that are related to the contract order can be filed for by the traveller within a month after the contractually agreed end of the hunting trip by the traveller. After this period, the traveller needs to show that the failure to meet the deadline was not caused by his/her own negligence but rather a failure outside of his/her control.
Contractual claims against OcOO Mountain Tour-Talas can be filed for by the traveller within a month after the contractually agreed end of the trip. After this period the traveller needs to show that the failure to meet the deadline was not caused by his/her own negligence but rather a failure outside of his/her control.
Tour operator, service provider or other third parties are neither mandated nor authorized to accept claims against Otto Gries.
The tour operator OcOO Mountain Tour Talas, other service providers and other third parties are however committed to eliminate defects within reason ground upon notification by the traveller. The traveller is liable to immediately report defects to the local tour guide and expect rectification of the matter.
If rectification is not acted upon the defect has to be included in a hunting protocol that needs to be presented to and signed by OcOO Mountain Tour Talas and the local tour guide . The traveller can not derive any warranty claims against Otto Gris or OcOO Mountain Tour Talas if defects are not included in the protocol.
5.) Contract withdrawal
If the traveller withdraws a booked tour he/she can name another traveller to use his/her booked tour to the travel agent, other service providers or other third parties. Otto Gries is willing to set up a contract with the terms corresponding the terms of the original agreement with the named traveller. Excluded from this are already booked flights. However Otto Gries recommends purchasing travel insurance to ensure that the travellers receives their flight money back in such a situation.
OcOO Mountain Tour Talas may rescind the contract if the performance of the tour contract agreement is affected, threatened or hindered by unforeseen exceptional circumstances. Exceptional circumstances include for example wars, strikes or other incidents that represent specific exceptional circumstances such as civil unrest in the destination country, epidemics of rabies locking down hunting areas or even sovereign arrangements such as the withdrawal of land rights, confiscation of accommodation or transport. Also considered exceptional circumstances are for example natural disasters, exceptional weather conditions, disasters, destruction of property stalls or technical defects of transport units.
6.) Compensation for cancellation by the traveller from the travel contract
The traveller can withdraw from the contract at any time before the start of the hunting trip. OcOO Mountain Tour Talas claims compensation for any cancellation. Compensation for hunting trips is:he actual amount of the deposit. If the traveller is responsible for not being able to use purchased services he/she can not derive any warranty claim. t
7.) Trophies and preparations
Pre-preparation, preparation and transportation of trophies that are exported from the destination country and to obtain necessary exporting papers are not part of Otto Gries and OcOO Mountain Tour Talas services. Otto Gries is not to be bound liable where such services are acquired from third parties. This also applies to OcOO Mountain Tour Talas. Regulatory requirements are met by the travellers themselves.
The conditions of the evaluation of trophies is based on the travelled countries requirements or of that of the tour guide and relevant authorities. Claims or objections arising by the traveller from assessment of trophies against Otto Gries are void. Regulatory requirements that the traveller is verbally told by Otto Gries such as passport, visa, customs, money currency, health, weapons and other provisions exist at the time of the offer made by Otto Gries and are based on his existing agency contract. The traveller must inform Otto Gries of his/her special circumstances or conditions.egulations in the destination country by Otto Gries as soon as they are known to him. There is however no liability upon Otto Gries for completeness and correctness of the notification of amendments. The traveller will be notified of any amended r
8.) Limitation of liability in time
Warranty claims upon Otto Gries by the travellers on whatever legal grounds expire a year after the travellers has notified the defect to the tour operator.
The transfer of warranty claims by the traveller to third parties and the judicial assertion of warranty claims by third parties against Otto Gries in their own name are excluded.
An invalid individual provision in the agency contract or an invalid provision of the terms and conditions that form an underlying part of the contract does not invalidate the contract as a whole. In this case the provision which comes closest to the invalid provision becomes effective in place of the invalid provision. Place of Jurisdiction is for both parties Talas, Kyrgyzstan if the traveller is a registered trader/ merchant.
Otto Gries is free to make claims in the courts of general jurisdiction of the traveller. Though a contested jurisdiction does not fall under this provision.
OcOO Mountain-Tour-Talas, 722720 r. Talas, y.Mira, 272, Kirgisien.