1. PREAMBLE
AMARITA Co., Ltd is an independent, privately owned Company, carrying on business under the regulations of Cambodia. AMARITA Co., Ltd provides clients with bona fide travel industry professional services including, inter alia, airlines, tour operators, hotels, shipping companies, car hire, guides and other suppliers, the identity, terms of conditions of our principals and other parties for whom we act directly as Agents relevant to the service being provided for the passenger’s booking.
2. LIABILITY
2.1 AMARITA Co., Ltd (hereinafter referred as “AMT”) represents airlines, tour operators, service suppliers and other travel organisations as agents only, whether this be a specified itinerary out of a brochure or a tailored quote. AMT will transmit any such booking to the supplier concerned and endeavour to secure timeously all reservations and arrangements.
2.2 All vouchers, receipts and tickets are issued subject to the terms and conditions specified by the suppliers and, by placing the booking and subsequently accepting the vouchers and tickets and/or utilizing their services, any person participating in any of these tours or packages becomes contractually bound to the supplier thereof.
2.3 Neither AMT nor any holding, parent, subsidiary, affiliated or associated company or representative shall be liable for any loss, injury of, or damage to any person and/or elongings whatsoever and the passenger hereby indemnifies AMT accordingly. AMT furthermore do not accept liability for any actions, errors or omissions on the part of any principal or third party and/or their agents, which may be prejudicial to the passenger or result in loss in any way or form whatsoever.
2.4 Those parties for whom AMT act as agents may be acquitted from responsibility in that they act as agents themselves or have contracted out of liability, as may the ultimate principals such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out by all travellers.
3. BOOKINGS, CHANGE OF ARRANGEMENTS, ROUTES AND PRICES
3.1 ‘The booking’ or ‘the reservation’ refers to part, or all of the travel arrangements for transportation, accommodation, sightseeing and other linked travel services made on behalf of a client with principals and parties for whom AMT act as agent, but excludes any other services of a personal or peripheral nature.
3.2 Any booking made by AMT constitutes a form of contract between the passenger and the parties referred to in the above clauses and is consequently subject to the terms of AMT and such other parties conditions of agreement.
3.3 Wherever possible AMT shall endeavour to confirm the status of any booking in writing, but we may not always be able to do so. In such cases, failure to provide written confirmation shall not be considered to negate the validity and conditions of the booking or to constitute an act of negligence on AMT’s behalf.
3.4 In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond AMT’s control, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for the passenger’s account.
3.5 In the event that any hotel is unable to provide the accommodation confirmed to the passenger, AMT’s policy is always to offer the passenger an alternative hotel of similar classification, or better.
Wherever possible such hotel will be located in the same location. 3.6 Whilst every effort is made to keep to published itineraries, AMT reserves the right to make changes
as are deemed necessary. In some cases, conditions such as weather conditions, technical difficulties, strikes, and communication breakdowns, may necessitate an alteration to the tour itinerary and this does not constitute any ground for a refund.
4. PAYMENT
4.1 A deposit of 25% is requested upon acceptance of booking demand by AMT to secure certain land arrangements - part or all hereof may be non-refundable. The deposit constitutes part of the booking conditions and AMT reserve the right to cancel any bookings without prejudice, in the event of a deposit or part thereof not being received timeously.
4.2 Final payments on bookings must be provided in full 30 days prior to clients arriving in the country where AMT is providing services. AMT will send copy of invoices by fax or attachment to e-mail once all services are confirmed and they will be payable upon reception.
4.3 Final payment is based on the quoted and confirmed price, less any deposit paid, plus any additional costs that may have been incurred.
4.4 All charges and fees applied by the payer bank and the intermediate bank are for client costs.
4.4 Payment shall be considered finalized when money is actually received into AMT bank account. Failure to provide full payment on time shall be considered as non-compliance to the contract stipulation and result in cancellation of booking with application of cancellation charges.
5. INSURANCE
5.1 Passengers travelling to Cambodia and neighbouring countries are strongly recommended to subscribe insurance in the relevant country before departure. AMT will not be responsible should the passenger fail to take adequate insurance cover.
6. CANCELLATION
6.1 AMT undertakes to endeavour to provide the services required by the passenger, but in the event of cancellation of the booking, partially or in full, by the client, AMT reserves the right to claim the cancellation charges which will inter alia depend on the charges AMT receives from suppliers. A general guideline of cancellation charges is as follows:
- Up to 30 days prior to departure – 10% of tour cost.
- 29 to 17 days prior to departure - 30% of tour cost.
- 16 to 10 days prior to departure - 50% of tour cost.
- 9-1 days prior to departure - 100% of tour cost.
Cancellation fees shall automatically collected by AMT from deposit and payment received. AMT shall refund any sum left by bank transfer to client, with all bank charges for client costs. Above fees apply whatever the reason of cancellation.
6.2 Travel warnings issued by foreign governments shall in no case be considered as a valid reason for cancellation, unless said warning is issued by Cambodian government too.
6.3 Different cancellation policies may apply, as enforced by hotels and/or suppliers, particularly during peak season and special events.
7. INTERPRETATION, COMPLAINTS, APPLICABLE LAW AND JURISDICTION
7.1 Words implying the singular, shall include the plural and vice versa, words importing one gender shall include legal entities and vice versa.
7.2 Any complaint shall be addressed in writing directly to AMT within 30 days after completion of services.
7.2 This agreement is governed by the law of Cambodia.
BY ENTERING A BOOKING TO AMARITA Co., Ltd. THE PASSENGER (OR ANY TRAVEL ORGANIZATION ACTING ON PASSENGER BEHALF) DECLARES TO HAVE READ, FULLY UNDERSTOOD AND ACCEPTED THE AFOREMENTIONED CONDITIONS.
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