1. Conclusion of the Travel Contract

The conclusion of the contract does not require any specific form. With the issuance of the travel contract, a travel contract is concluded between the customer and the tour operator Turkestan Travel.
If the travel registration is made in writing, orally, by telephone, or through screen systems (e.g., internet), the tour operator immediately confirms the receipt of the travel registration in writing or electronically. The travel contract is concluded upon acceptance by Turkestan Travel. Turkestan Travel confirms acceptance by sending a booking confirmation via email or post.
If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer from the tour operator. The travel contract is concluded based on this new offer if the traveler agrees to it. The agreement can be made explicitly or implicitly, for example, by paying the travel price, making a deposit, or starting the trip.
If the travel and payment conditions of the organizer are not provided to the traveler during a telephone registration, they will be sent with the travel confirmation/invoice. The travel and payment conditions become part of the travel contract with the stipulations set forth in 1.2.
The scope of the contractual services is bindingly determined by the travel confirmation/invoice from the tour operator and by the description of services based on the product description underlying the respective offer.
The traveler is bound by the travel registration for 10 days, or 5 days in the case of electronic travel registration. Within this period, the organizer confirms it. Short-term bookings made two weeks before the start of the trip or less are confirmed immediately or by admission to the trip, leading to the conclusion of the contract.

2. General Contractual Obligations of the Tour Operator, Information, Notes

The contractual obligation of the tour operator, in accordance with these travel terms and conditions, consists of performing the necessary actions to fulfill the brokerage order as per the customer’s booking request. This includes providing appropriate advice and processing the booking, especially handing over travel documents, unless otherwise directly transmitted to the customer based on agreements made with the respective travel company.
The organizer generally informs all customers about the necessary entry documents such as passports and visas (including the deadlines for obtaining these documents) and health-related formalities (vaccinations, etc.) through the brochure provided to the traveler or before booking or the start of the trip (including any changes that have occurred in the meantime).
After fulfilling the information obligation as per section 3.1, the traveler must create the prerequisites for participating in the trip themselves unless the organizer has explicitly committed to obtaining visas or certificates, etc.
If the trip cannot be taken due to missing personal prerequisites for the start of the trip, the traveler is responsible for this if it is solely attributable to their culpable behavior (e.g., no valid visa or missing vaccination).

3. Payments

All payments (deposit or final payment) by the traveler are only to be made upon receipt of the security certificate. No security certificate is required if the journey does not last longer than 24 hours, does not include an overnight stay, and the travel price does not exceed 75 USD.
Upon conclusion of the travel contract, 20% of the travel price must be paid.
The remaining amount is due upon request, no earlier than six weeks before the start of the journey, upon handing over the complete travel documents, as far as necessary and/or provided for the trip (e.g., hotel voucher or transport ticket).
The remaining payment for trips with a minimum number of participants must be made 30 days before the start of the journey without further request.
A travel registration from 30 days before the start of the journey will only be accepted under the condition that the entire travel price is immediately due upon receipt of the travel confirmation and is secured upon registration by invoice. The amount due must be paid within 5 days from the date of the booking confirmation/invoice.
For bookings made within 10 days before the planned start of the journey, the entire travel price/invoice amount and any insurance premiums due must be paid immediately upon conclusion of the travel contract.
Contracts concluded two weeks before the start of the journey obligate the traveler to immediately pay the entire travel price upon handing over the complete travel documents, as far as necessary and/or provided for the trip (e.g., hotel voucher or transport ticket).

4. Price Changes

The organizer may demand price increases of up to 5% of the total travel price four months after the contract is concluded if, demonstrably and only after the conclusion of the contract, there is a concrete increase in transport costs, charges for certain services such as port or airport fees, or a change in the exchange rates applicable to the respective trip. Price increases based on the aforementioned circumstances are only permissible to the extent that the increase, calculated specifically from the share of transport costs, charges, and exchange rates, affects the travel price.
Price increases can only be demanded up to 21 days before the agreed departure date. An admissible price change according to paragraph 4.1 must be explained by the organizer to the traveler immediately upon becoming aware of the reason for the price increase.
If the price increases after the conclusion of the contract exceed 5% of the total travel price, the traveler can withdraw free of charge or alternatively demand participation in another travel of at least equal value if the organizer is able to offer such a trip without additional cost to the traveler.
The rights under paragraph 4.3 must be asserted by the traveler immediately after the organizer’s declaration.

5. Performance Changes

Changes and deviations of individual travel services from the travel contract, which become necessary after the conclusion of the contract and were not brought about by the organizer contrary to good faith and fair dealing, are permissible. However, they are only permitted to the extent that the changes or deviations are not significant and do not impair the overall arrangement of the booked trip.
The organizer must explain an admissible change in a significant travel service to the traveler immediately upon becoming aware of the reason for the change.
In the event of a significant change in a significant travel service, the traveler can withdraw from the contract or alternatively demand participation in another at least equivalent trip if the organizer is able to offer such a trip without additional cost to the traveler.
In the event of an admissible change, the other rights (in particular reduction, damages) remain unaffected.

6. Cancellation by the Customer before the Start of the Journey/Cancellation Fees

The customer can withdraw from the journey at any time before it begins. The cancellation must be communicated to the tour operator at the address provided above. If the trip was booked through a travel agency, the cancellation can also be communicated to them. The customer is advised to declare the cancellation in writing.
If the customer cancels the trip before it begins or does not commence the journey, the tour operator loses the claim to the travel price. Instead, the tour operator can demand appropriate compensation for travel arrangements made up to the cancellation and its expenses, depending on the respective travel price, provided the cancellation is not due to them or is a case of force majeure.
The tour operator calculates this compensation claim in a staggered manner, i.e., considering the proximity of the cancellation to the contractually agreed travel start date as a percentage of the travel price. When calculating the compensation, typically saved expenses and potential other uses of the travel services are taken into account. The compensation is calculated based on the time the cancellation notice from the customer is received as follows:
- Up to and including 42 days before the start of the journey: 25%
- From 41 days to 15 days before the start of the journey: 65%
- From 14 days to 7 days before the start of the journey: 85%
- From 6 days before the start of the journey and in case of non-commencement of the journey: 90% of the travel price. In the event of a trip cancellation, the cancellation conditions of the booked airline also apply if the tickets have already been issued. This cancellation fee will be passed on to the customer if the airline’s cancellation fee exceeds the cancellation fee stated above.
The tour operator reserves the right to demand a higher, specific compensation instead of the above flat rates if they can prove that they have incurred significantly higher costs than the applicable flat rate. In this case, the tour operator must specify and substantiate the requested compensation, considering the saved expenses and potential alternative use of the travel services.
Taking out travel cancellation and travel interruption insurance, for example, in the case of illness or accident, is strongly recommended.

7. Unused Services

If the customer does not make use of individual travel services that have been properly offered to him for reasons attributable to him (e.g., due to early return or other compelling reasons), he is not entitled to a proportional refund of the travel price. The tour operator will strive to obtain a refund of saved expenses from the service providers. This obligation does not apply if the services are entirely insignificant or if legal or regulatory provisions prevent a refund.

8. Termination by Turkestan Travel due to Failure to Reach the Minimum Number of Participants

Turkestan Travel can only terminate the contract due to not reaching an advertised minimum number of participants if a. the minimum number of participants is specified in the pre-contractual information and travel advertisement, as well as the deadline by which the declaration must have been received by the traveler before the contractually agreed travel start date, and b. the travel confirmation clearly refers to these details.
Termination must be communicated to the customer no later than the 31st day before the agreed travel start.
If it becomes apparent at an earlier time that the minimum number of participants cannot be reached, Turkestan Travel must promptly exercise its right to terminate.
If the trip is not carried out for this reason, the customer will immediately receive refunds of payments made for the travel price.

9. Termination due to behavioral reasons

Turkestan Travel can terminate the travel contract without observing a deadline if the traveler persistently disturbs, regardless of a warning from the tour operator, or if he behaves in such a manner contrary to the contract that the immediate termination of the contract is justified. If the tour operator terminates the contract, he retains the right to the travel price; however, he must credit the value of saved expenses and the benefits obtained from another use of the unused service, including amounts paid to him by service providers.

10. Obligations of the travel customer

If the journey is not provided as per the contract, the travel customer can demand remedy. The travel customer is obliged, however, to report any travel defects immediately to the travel guide appointed by the tour operator or to the local agency. The customer can also request the remedy directly from the tour operator at its headquarters under the aforementioned address. If he culpably omits this, a reduction in the travel price does not occur. The travel customer is informed about the accessibility of the tour guide or the tour operator in the service description, at the latest with the travel documents. The tour guide is tasked with providing a remedy if possible. However, they are not authorized to acknowledge claims of the travel customer.
If a customer wants to terminate the travel contract due to a travel defect as defined in § 651c BGB according to § 651e BGB or for a significant reason recognizable to the tour operator due to unreasonableness, he must first set a reasonable deadline for the tour operator to provide a remedy. This does not apply if remedy is impossible or denied by the tour operator or if immediate termination of the contract is justified by a particular interest recognizable to the tour operator.
For damages or delivery delays in air travel, the organizer strongly recommends immediately reporting on-site to the responsible airline using a damage report (P.I.R.). Airlines usually reject reimbursements if the damage report has not been completed. The damage report must be submitted within seven (7) days in case of luggage damage and within twenty-one (21) days in case of delay after handover. Furthermore, the loss, damage, or misdirection of travel luggage must be reported to the tour guide or the local representative of the organizer.
The customer must inform the tour operator if he does not receive the necessary travel documents within the deadline communicated by the tour operator.

11. Liability

The contractual liability of the tour operator for damages that are not personal injuries is limited to three times the travel price, a) to the extent that a damage to the customer is neither intentionally nor grossly negligently caused, or b) to the extent that the tour operator is solely responsible for damages incurred by the customer due to the fault of a service provider.
The tortious liability of the tour operator for property damages not based on intent or gross negligence is limited to three times the travel price. This maximum liability amount applies per customer and trip. Claims beyond this limit related to luggage under the Montreal Convention remain unaffected.
The tour operator is not liable for service disruptions, personal and property damages related to services provided as third-party services (e.g., excursions, sports events, theater visits, exhibitions, transportation services to and from the specified starting and destination points) if these services are expressly and clearly indicated in the travel description and booking confirmation as third-party services, making it evident to the customer that they are not part of the tour operator’s services. However, the tour operator is liable a) for services that include transporting the customer from the advertised starting point of the journey to the advertised destination, intermediate transportation during the trip, and accommodation during the journey, b) if and to the extent that a breach of duty, clarification, or organizational obligations of the tour operator causes damage to the customer.

12. Exclusion of Claims

Claims due to non-contractual performance of the trip must be asserted by the traveler within one month after the contractually stipulated end of the trip. Claims can only be asserted within this period against Turkestan Travel at the address provided above. After this deadline, claims can only be made if the traveler has been prevented from meeting the deadline without any fault of their own. This period also applies to reporting baggage damages or delivery delays related to flights as per Clause 11.3 when warranty rights from §§ 651 c Para. 3, 651 d, 651 e Para. 3 and 4 BGB are asserted. A claim for damages due to baggage damage must be made within seven (7) days, and a claim for damages due to baggage delay within twenty-one (21) days after delivery.

13. Statute of Limitations

Claims of the customer according to §§ 651c to f BGB arising from injury to life, body, or health resulting from intentional or negligent breach of duty by the tour operator or a legal representative or vicarious agent of the tour operator are barred in two years. This also applies to claims for other damages resulting from intentional or grossly negligent breach of duty by the tour operator or a legal representative or vicarious agent of the tour operator.
All other claims according to §§ 651c to f BGB are barred in one year.
The limitation period according to Clause 13.1 and 13.2 begins on the day following the contractual end of the trip.
If negotiations between the customer and the tour operator concerning the claim or the circumstances justifying the claim are pending, the limitation period is suspended until the customer or the tour operator refuses to continue the negotiations. The limitation period starts at the earliest three months after the end of the suspension.

14. Passport, Visa, and Health Regulations

Turkestan Travel will inform customers about the regulations concerning passports, visas, and health requirements before concluding the contract and about any changes that may occur before the trip starts. For nationals of other countries, the respective consulate provides information. It is assumed that there are no peculiarities concerning the traveler and any accompanying persons (e.g., dual citizenship, statelessness).
The traveler is responsible for obtaining and carrying the necessary travel documents, any required vaccinations, and complying with customs and foreign exchange regulations. Consequences arising from non-compliance with these regulations, such as paying cancellation fees, are at the traveler’s expense. This does not apply if Turkestan Travel has not provided, provided insufficiently, or provided incorrect information.
Turkestan Travel is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the traveler has entrusted it with procurement, unless Turkestan Travel has negligently violated its own duties.

15. Choice of Law and Jurisdiction

The contractual relationship between the traveler and Turkestan Travel is exclusively governed by the law of the Republic of Uzbekistan. This also applies to the entire legal relationship.
Insofar as, in the case of claims by the traveler against Turkestan Travel abroad, the liability of the tour operator is not governed by the law of the Republic of Uzbekistan, the consequences, especially regarding the nature, scope, and amount of claims by the customer, are exclusively governed by the law of the Republic of Uzbekistan.
The traveler can only sue Turkestan Travel at its registered office in Uzbekistan.
For lawsuits by Turkestan Travel against the traveler, the traveler’s place of residence is decisive. For lawsuits against travelers or contractual partners of Turkestan Travel who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time of filing the lawsuit, the registered office of Turkestan Travel is agreed upon as the place of jurisdiction.
The above provisions on the choice of law and jurisdiction do not apply if: a) and to the extent that provisions of international agreements, which are mandatory and apply to the travel contract between the customer and the tour operator, stipulate otherwise in favor of the customer, or b) and to the extent that mandatory provisions applicable to the travel contract in an EU member state to which the customer belongs are more favorable to the customer than the provisions in these travel conditions or the applicable regulations of the Republic of Uzbekistan.

16. Mediation Procedure

Turkestantravel.com Turkestan Travel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

17. Final Provisions

Should any provision of these General Terms and Conditions be or become ineffective, the validity of the remaining provisions shall not be affected thereby.
The date of these conditions is July 2022.

18. Data Protection

The protection of the personal data of Turkestan Travel’s customers is ensured. The detailed data protection provisions of Turkestan Travel and the corresponding rights of the traveler can be found at: https://www.turkestantravel.com/privacy-policy/ Upon request, Turkestan Travel will gladly send the data protection regulations to the traveler in writing.

19. Tour Operator

Turkestan Travel
Buyuk Ipak Yoli 112A
140160 Samarkand
Tel/Fax: +998 66 222 66 35
Email: info@turkestantravel.com
Web: https://www.turkestantravel.com
Registry Court: Samarkand
Managing Director: Sunnat Shermatov