Terms & Conditions

Terms & Conditions

The asian trip ist a brand of the Asian Exclusive Travel Pvt. Ltd.

I. General, scope and amendment of the terms of use

Scope of application

1. These General Terms and Conditions apply to all contracts between the asian trip and the client in the area of incoming services such as individual travel, active and adventure travel, yoga trips, pilgrimages, which are conceived, planned and organised by the asian trip (hereinafter referred to as “events”). They do not apply to incoming services that are merely arranged by the asian trip.

2. General terms and conditions of the client shall only apply if this has been agreed in advance and expressed in text form.
3. By accessing the website www.theasiantrip.com (hereinafter referred to as “website”), the user (hereinafter referred to as “user”) agrees to the following terms and conditions of business and use (hereinafter referred to as “conditions”) of the asian trip. The user is not authorised to use the website, access it or similar if he/she does not agree to these terms and conditions.
4. The asian trip’s terms and conditions apply exclusively; terms and conditions of the user that conflict with or deviate from these terms and conditions will not be recognised unless the asian trip has agreed to their validity in writing.
5. The asian trip reserves the right to change the website, applications, services or the terms and conditions of business and use at any time and without prior notice at its own discretion. The user will be notified of any changes to the terms and conditions of use on the website. By continuing to access the website, the user recognises the amended terms and conditions of business and use.
6. The asian trip reserves the right to exclude individual users or certain uses of the website.

II. Scope of services

1. The asian trip is an Internet platform for individual travel planning, via which users can make direct contact with worldwide destination experts in selected local agencies (hereinafter referred to as “agency” or “agencies”) in order to plan, arrange and carry out their trip individually with them.
2. The task of the asian trip is merely to arrange contacts. The asian trip is not the organiser of the trips. All contractual agreements regarding the respective trip are made directly between the user and the agency on the basis of the agency’s general terms and conditions. This also applies if the agency’s booking confirmation is sent to the user via the website or if the user makes payment to the agency via the website.

III. Payment

 A deposit of 30% is required to secure your booking, the balance is payable 30 days prior to arrival. If your arrival date lies less than 30 days in the future, the full amount will be required. If prepayment is required for activities/hotels/flights, there is a possibility that your deposit will be more than 30%. If this is the case, your local expert will inform you directly.

IV. Cancellation policy

If you have to cancel your trip, fixed cancellation conditions apply. These conditions will be available to you as soon as your local expert has sent you the travel offer. Depending on the time of cancellation, the following amounts will not be refunded:

• Up to 31 days before arrival: Your deposit
• 15 to 30 days before arrival: 50 % of the total amount
• 14 days or less before arrival: 100% of the total amount

We recommend that you read the conditions in full before you book your holiday. If you have any questions, we recommend that you contact your local expert. They will be happy to help you.

V. Obligations of the user

1. The user is obliged to provide correct and complete information. He is also obliged to keep his registration details up to date at all times and to update them without being asked and at short notice if necessary.
2. The user is obliged to treat any user names and/or passwords confidentially and not to pass them on to third parties. The asian trip must be informed immediately of any suspicion of misuse of access data.
3. Users who participate in discussion forums and comments are obliged to refrain from any insults, criminal content, pornography and coarse language in their contributions, to bear sole responsibility for the content they post, not to infringe the rights of third parties (in particular trademark, copyright and personal rights), to fully indemnify the asian trip against any third-party claims triggered by their contributions and not to post advertising of any kind in forums or comments or to use forums and comments for any kind of commercial activity.

VI. Intellectual property, user contributions

1. The asian trip’s online offer contains data and information to which industrial property rights (e.g. trademark rights, copyrights, design rights) may exist in favour of the asian trip or, in individual cases, in favour of third parties. It is therefore not permitted to utilise (e.g. reproduce or distribute) the services outside the legally permissible limits or without the prior consent of the asian trip. Users are not authorised to use protected content or materials in any way, except in the context of using the Services in accordance with these Terms of Use. No part of the services may be reproduced in any form or by any means, except as expressly permitted in these terms and conditions or by law.
2. The asian trip services may also offer interactive features that allow users to create, reproduce, distribute and make available to the public their own materials (e.g. text, photos, videos) and links. Users may only use these functions in strict compliance with the applicable laws and the rights, in particular the intellectual property rights and personal rights of third parties. Users are obliged to acquire all necessary rights before making materials available and to provide only correct and complete information.
3. The user hereby grants the asian trip a free, simple right of use, unlimited in terms of location and time, to utilise the materials provided by him/her as part of the asian trip services. The right of use is limited in its content and scope to what is necessary for the operation and provision of the asian trip’s services.
4. The asian trip reserves the right not to publish the contributions provided and to remove the published contributions. The asian trip also reserves the right to edit or delete comments and forum contributions at its own discretion, taking into account the rights of the users.

VII. Liability, limitation period

1. The contractual liability of the asian trip is limited to three times the price of the arranged trip per user and trip, except in the case of damages based on injury to life, body and health, insofar as the damage was not caused intentionally or through gross negligence or the asian trip is responsible for damage solely due to the fault of a vicarious agent. For all claims for damages against the asian trip arising from unauthorised acts that are not based on intent or gross negligence, the asian trip is liable for material damage up to three times the total price per arranged trip and user. Limitations of liability do not apply in the event of injury to life, body or health.
2. Claims of the customer for compensation for damages that are not based on injury to life, limb or health are subject to a limitation period of one year, insofar as damage to the user is not based on a grossly negligent breach of duty by a vicarious agent or a legal representative of the asian trip. The limitation period begins at the end of the year in which the claim arose and the customer becomes aware of the circumstances that justify the claim against the asian trip and of the asian trip as the defendant or should have become aware of them without gross negligence. All claims arising from unauthorised action and claims for compensation for physical injury are subject to the statutory limitation period.
3. The asian trip cannot guarantee that the website is free of viruses or other harmful features. The user may not misuse the website by introducing viruses, Trojan horses, worms or other malicious or technologically harmful software. The user must not attempt to gain unauthorised access to the website, the server on which the website is stored or to any server, computer or database connected to the website.

VIII. Force majeure

1. If the client is prevented from making use of one, several or all incoming services due to force majeure (in particular war, civil unrest, epidemics, sovereign orders, strikes, natural disasters, accidents, destruction of accommodation or similar cases), although the asian trip or the service provider(s) can provide the services in accordance with the contract, the client is not entitled to a cancellation free of charge. The asian trip is only obliged to refund the price to the extent that it receives a refund from the service providers.
2. If the asian trip is considerably hindered, jeopardised or impaired in the provision of one, several or all incoming services due to force majeure, the asian trip may cancel the contract as a whole or, if the services not affected are still of interest to the client, the corresponding part of the service due to force majeure. In this case, the asian trip and the client shall each bear half of the costs of the service provider(s) of the cancelled services. Otherwise, no further reimbursement will be made to the client. Additional costs incurred due to force majeure shall also be borne equally by the asian trip and the client. The asian trip must provide evidence of the costs to the client.

IX. Final clauses

1. These terms of use and all legal relationships between the asian trip and the user shall be governed exclusively by the law of the Federal Republic of Germany.
2. If the user is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the asian trip. However, the asian trip is also entitled to take legal action at the place of fulfilment.
3. In the event of the invalidity of one or more clauses of these terms of use, the parties shall agree on a valid replacement clause that comes as close as possible to the invalid clause. The invalidity of one or more clauses of this contract shall not affect the validity of the remaining clauses.