Terms and Conditions

Terms and Conditions

 In this booking form the word “Company” refers to  Authentic Asia Tours - Fully licensed by Myanmar Tourism Department. “Consumer” means you, the person who agrees to buy the tour or any person on whose behalf you agree to purchase the tour and who is listed on the Reservation Form.
The word “Tour” refers to the trip being booked by the consumer.

1. The Contract

A. Formation of the Contract
No contract shall arise until the Company has received
(i) completed online payment form
(ii) full payment or deposit for the Tour
B. Termination of the contract:
The Company reserves the right to terminate this Contract if the behavior or conduct of a Consumer either prior to or during a Tour is likely to endanger the safety or wellbeing of other Consumers in his company or that of the Consumer himself. When the contract is cancelled in such cases, normal cancellation charges apply as set out below. If your actions or those of any member of your party cause damage to the accommodation in which you are staying, or cause delay or diversion to any means of transportation, you agree to fully indemnify the Company against any claim (including legal costs) made against the Company by or on behalf of the owners of such accommodation or the operator of such means of transportation.

2. Deposit or Payment Online

A certain amount of deposit from 35 to 50% of the tour cost will be required once you confirm the booking. The balance will be paid on arrival by customers (Credit Card or Cash: US$ or Kyat)
When customers confirm the Booking less than 1 month prior to your actual travel. Full payment is requested. 
The deposit will be made through a secured paygate : Onepay, Western Union or Paypal. 
Payment must be made by major credit card (Visa Card, Master Card & American Express) via Auto Online Payment System (your Credit Card`s information will be secured strictly by Master Card Corp).  

3. Alterations by the Company

(i) The Company reserves the right to alter, change, curtail or cancel a Tour.
(ii) The Company reserves the right to substitute accommodation outlined on the Trip itinerary with accommodation of a similar standard and value.
(iii) If prior to the arrival of the Consumer there is a cancellation, alteration, change or curtailment relating to a Tour which fundamentally alters the Tour, the Company shall if practicable, offer an alternative comparable Tour of at least similar standard or shall refund the Consumer all monies paid. Unless within 5 days of issue of the offer of an alternative Tour, it is declined by the Consumer in writing, the Company shall assume that the Consumer has accepted such an offer. Where the offer is declined the Consumer shall only be entitled to the return of payment made.
 (iv) All prices quoted are stated in United States Dollars ($) and are based on transport costs (including the cost of fuel), dues, taxes or fees chargeable at airports and ports, accommodation costs, sightseeing fees and exchange rates current and appropriate at the time of publication. If any of these vary, the cost of the holiday may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Consumer. During the period of 10 days prior to the Consumer arrival date, the price of the Tour shall not be increased by the Company.
 (v) If as a consequence of “force majeur” (defined in sub-paragraph (iv) below), the Company is obliged to curtail, alter, extend or cancel a Tour, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of said curtailment, alteration, extension or cancellation of the holiday.
(vi) Force Majeur means Act of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, destruction or damage to holiday accommodation, riots, acts of war, civil commotion, exercise of legislative or government action, municipal or military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a Tour, fraud perpetrated against the Company.

4. Cancellations

 A. Cancellation by the Company
 (i) If the Tour is not paid for by the due date, the Company shall have the right to cancel the Tour. If the Company, at the request of the Consumer, agrees to delay cancellation of the Tour then, if the Company subsequently cancels for non-payment, the cancellation charges set out in Clause 4B shall apply and be payable by the Consumer.
 (ii) In the event that the Company does not receive the minimum number of bookings to provide a Tour, the Company shall be entitled to cancel or curtail a Tour at any time up to 1 week prior to the arrival of the Consumer. The company will offer an alternative date for the tour should this arise and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Company shall notify the Consumer within seven days of cancellation or curtailment necessitated by the foregoing circumstances.
B. Cancellation by the Consumer

Cancellations will be charged as follows:
more than 45 days before arrival: no cancellation charge (nonrefundable deposit will be forfeited)
30-45 days before arrival: 30% of the cost of the Tour is forfeited
15-30 days before arrival: 50% of the cost of the Tour is forfeited
<15 days before arrival: 100 % of the cost of the Tour is forfeited

For the tour with cruise, if the cruise is non refundable, the cancellation fee will be added by : deposit + cruise cancellation fee.

C. How to refund?

All money (following cancellation policy) will be refunded via Online Payment System if Consumers make deposit/payment by Credit Card via Internet. Consumers will receive money within 3 - 4days when Authentic Asia Tours do refund. If Consumers make deposit/payment by banking transfer via bank. Consumers will receive money via bank account after one week when Authentic Asia Tours do refund! All Consumers`s right will be protected highly by Authentic Asia Tours Co., Ltd. 
D. Refund of Unused Services
No refunds or exchanges can be made in respect of accommodation, meals, sightseeing tours, transport or any other services which are included in the Tour prices but not utilized by the Tour member.

5. Consumers with Special Needs

(i) It shall be the Consumer’s responsibility to disclose, prior to booking, to the Company any physical or mental condition of a member of his party which may be relevant. 
(ii) The Company reserves the right to decline to provide a Tour for a person where, in the opinion of the Company, that Tour would be inconsistent with the special needs of that person.  No liability shall attach to the Company for the provision of an unsuitable Tour for any person where that person’s special needs have not been disclosed at the time of booking.
6. Special Requests
(i) Special Requests (e.g. ground floor accommodation etc.) shall be communicated by the Consumer in writing to the Company at the time of making the booking.  The Company shall use reasonable endeavours to fulfil such requests.  However, special requests cannot be guaranteed and do not form part of the Contract.  No liability shall attach to the Company for failure to comply with a special request.  Special requests cannot be processed within X days of departure.

7. Obligations of the Consumer

(i) The Consumer is obliged to check their travel documentation to ensure that the dates are correct and should notify the Company immediately of any errors or omissions
 (ii)It is the responsibility of the Consumer to ensure that their travel documentation is in order, e.g. passport and visa
 (iii) Where the Consumer does not arrive on the agreed date for the Tour, the Company is entitled to treat the Tour as having been cancelled by the Consumer
 (iv) The Consumer agrees to abide by instructions given by Company crew and agrees to indemnify the Company against any loss or injury suffered as a result of failing to comply with Crew instructions
 (v) The Consumer agrees to conduct himself in a proper manner so as to not to cause disturbance or offence to other holidaymakers.
 (vi) Consumer agrees not to damage accommodation and should such damage arise, agrees to pay the owner for the cost of repair or replacement of same.

8. Liability and Insurance

A. Liability
 (i) The Company is not responsible for any loss, injury or damage sustained by passengers. Additional expenses incurred due to delays, accidents, natural disaster, political actions and unrest must be borne by the Consumer.
(ii) The Company shall not be liable for any damage caused to the Consumer by the failure to perform the Contract or the improper performance of the Contract where the failure or the improper performance is due neither to the fault of the Company because:
(a) the failure which occurs in the performance of the Contract is attributable to the Consumer; or
(b) the failure is attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable; or
(c)the failure is due to force majeur as defined in sub paragraph 3 (vi) above.

B. Dispute Settlement
 (i) Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to anything or matter arising under, out of or in connection with this Contract are subject to the exclusive jurisdiction of the Courts of Myanmar.
(ii) The Parties will perform and complete their respective obligations in accordance with the Laws of Myanmar. This Agreement shall be governed by and interpreted in accordance with the Laws of Myanmar. Where this Agreement requires consent or approval to be obtained from State Agencies, such consent or approval shall be necessary only for so long as shall be required by the Laws of Myanmar.
(iii) The Parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through negotiation and amicable arrangement. In the event that any dispute can not be resolved through negotiation and amicable arrangement within 30 days from the date on which either Party serves a notice of dispute on the other Party, either Party shall not refer the dispute to the courts but to the Myanmar International Arbitration Centre . The arbitrator or arbitrators designated in conformity with those rules shall have a power to rule on their own competence and on the validity of this Agreement to submit to arbitration. The place of arbitration is in Hanoi. The arbitration award shall be final and binding upon the Parties.
 (iv) All proceedings under this Article shall be conducted, and all documents presented in connection with such proceeding shall be, in the English language. The number of arbitrators shall be three (3) with each Party to the dispute being entitled to appoint one arbitrator. The third arbitrator shall be appointed by the first two arbitrators in accordance with the rules of the VIAC in force at that time. In default, the arbitrators shall be appointed by the President of the VIAC in accordance with its rules.
 (v) During and without prejudice to the course of arbitration, this Agreement shall continue to be performed.

Source: Myanmar Tours

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