AGB

AGB

Last updated: [2025.02.05]

Last updated: [2025.02.05]

1. Travel Services, Registration

The scope of the contractual services for the trips is described in the corresponding trip descriptions. MTB Reisen wie Marco Polo is not obliged to provide any additional services. By submitting a written registration, the traveler makes a binding offer to MTB to conclude a travel contract. The travel contract is concluded upon written confirmation of the registration by MTB Reisen wie Marco Polo. If the content of the confirmation differs from the content of the registration, this constitutes a new offer from MTB Reisen wie Marco Polo, to which the organizer is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the participant declares acceptance to MTB within the binding period.

1. Travel Services, Registration

The scope of the contractual services for the trips is described in the corresponding trip descriptions. MTB Reisen wie Marco Polo is not obliged to provide any additional services. By submitting a written registration, the traveler makes a binding offer to MTB to conclude a travel contract. The travel contract is concluded upon written confirmation of the registration by MTB Reisen wie Marco Polo. If the content of the confirmation differs from the content of the registration, this constitutes a new offer from MTB Reisen wie Marco Polo, to which the organizer is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the participant declares acceptance to MTB within the binding period.

2. Payment

Without payment of the entire travel price, the traveler has no right to receive the travel services from MTB Reisen such as Marco Polo. After the travel contract has been concluded, the traveler will receive the booking confirmation. Upon receipt of the booking confirmation, the deposit stated in the booking confirmation is due. The remaining travel price must be paid no later than 35 days before the start of the trip. For bookings made less than 35 days before the start of the trip, the entire travel price is due upon receipt of the booking confirmation. If payment is received shortly before the start of the trip, the customer will bear the additional costs for express delivery of the travel documents if they are responsible for the delay in receipt of payment. The participation price and the services included therein can be found in the individual trip descriptions. The prices stated are valid for the respective season.

2. Payment

Without payment of the entire travel price, the traveler has no right to receive the travel services from MTB Reisen such as Marco Polo. After the travel contract has been concluded, the traveler will receive the booking confirmation. Upon receipt of the booking confirmation, the deposit stated in the booking confirmation is due. The remaining travel price must be paid no later than 35 days before the start of the trip. For bookings made less than 35 days before the start of the trip, the entire travel price is due upon receipt of the booking confirmation. If payment is received shortly before the start of the trip, the customer will bear the additional costs for express delivery of the travel documents if they are responsible for the delay in receipt of payment. The participation price and the services included therein can be found in the individual trip descriptions. The prices stated are valid for the respective season.

3. Changes to Described Event Schedules, Price Increases

Changes or deviations to dates or individual travel services from the agreed content of the travel contract, which were not made in bad faith, are only permitted if the changes or deviations are not significant and do not affect the overall nature of the booked trip.

Any warranty claims remain unaffected if the changed services are defective. MTB is entitled to increase the trip price if, after the conclusion of the contract, the following price components increase or arise due to circumstances beyond MTB's control that are unforeseeable for MTB trips such as Marco Polo:

Exchange rates for the trip in question; transportation tariffs and prices; official fees; taxes or other official charges, including airport and security fees. However, the price increase is only permitted if there is a period of more than four months between the conclusion of the contract and the start of the trip. Should this be the case, the customer will be notified immediately, but no later than three weeks before the start of the trip. Price increases after this date are no longer permitted. In the event of a price increase of more than 5% of the trip price, the customer is entitled to withdraw from the trip free of charge within ten days. The traveler may request to participate in an equivalent trip if MTBreisen wie Marco Polo is able to offer one from its range at no additional cost. The traveler must assert these rights in writing to MTBreisen wie Marco Polo immediately after MTBreisen wie Marco Polo announces the price increase or change to the trip.

3. Changes to Described Event Schedules, Price Increases

Changes or deviations to dates or individual travel services from the agreed content of the travel contract, which were not made in bad faith, are only permitted if the changes or deviations are not significant and do not affect the overall nature of the booked trip.

Any warranty claims remain unaffected if the changed services are defective. MTB is entitled to increase the trip price if, after the conclusion of the contract, the following price components increase or arise due to circumstances beyond MTB's control that are unforeseeable for MTB trips such as Marco Polo:

Exchange rates for the trip in question; transportation tariffs and prices; official fees; taxes or other official charges, including airport and security fees. However, the price increase is only permitted if there is a period of more than four months between the conclusion of the contract and the start of the trip. Should this be the case, the customer will be notified immediately, but no later than three weeks before the start of the trip. Price increases after this date are no longer permitted. In the event of a price increase of more than 5% of the trip price, the customer is entitled to withdraw from the trip free of charge within ten days. The traveler may request to participate in an equivalent trip if MTBreisen wie Marco Polo is able to offer one from its range at no additional cost. The traveler must assert these rights in writing to MTBreisen wie Marco Polo immediately after MTBreisen wie Marco Polo announces the price increase or change to the trip.

4. Cancellation, Substitute Persons, Rebooking, Non-Arrival, and Non-Use of Services

The traveler may withdraw from the trip at any time before the start of the trip. They also have the right to request that a third party participate in their place up until the start of the trip. MTBreisen wie Marco Polo may refuse the participation of a third party if that third party does not meet the specific travel requirements or if their participation is contrary to legal regulations, including those of the country of travel, or official orders. If a third party enters into the contract, the traveler and the third party are jointly and severally liable to MTBreisen wie Marco Polo for the trip price and any additional costs incurred. The receipt of the written declaration by MTBreisen wie Marco Polo is decisive for the calculation of all deadlines, even in the case of cancellation by telephone. In each case of cancellation by the traveler, a flat-rate processing fee of €25 per person will be charged. Furthermore, MTBreisen wie Marco Polo is entitled to the following payments in the event of a traveler's cancellation:

• Up to 60 days before the start of the trip: 10% of the trip price, but at least a €25 processing fee per person

• Up to 35 days before the start of the trip: 25% of the trip price

• Up to 14 days before the start of the trip: 50% of the trip price

• From the 14th day before the start of the trip: 90% of the trip price

• On the day of the start of the trip or in the event of a no-show, 100% of the trip price.

These payments constitute flat-rate compensation unless MTBreisen wie Marco Polo can prove that the remaining compensation claim after deducting saved expenses would have been higher. The traveler reserves the right to prove to MTBreisen wie Marco Polo that the compensation claim is lower than the one requested. If the traveler fails to show up or is late for the start of the trip or for departure or departure, cancels on the day of the trip's start date or for reasons beyond the control of MTBreisen wie Marco Polo, or is barred from commencing or continuing the trip, MTBreisen wie Marco Polo retains the right to full reimbursement. Any additional costs incurred by MTBreisen wie Marco Polo due to efforts to transport the traveler to their destination or to transport them further are borne by the traveler.

Reimbursement will only be made to the extent that MTBreisen wie Marco Polo reimburses unused services from the service providers. Rebooking requests by the traveler made after the above deadlines have expired can, if they are even possible, only be fulfilled after the traveler has withdrawn from the travel contract and re-registered.

4. Cancellation, Substitute Persons, Rebooking, Non-Arrival, and Non-Use of Services

The traveler may withdraw from the trip at any time before the start of the trip. They also have the right to request that a third party participate in their place up until the start of the trip. MTBreisen wie Marco Polo may refuse the participation of a third party if that third party does not meet the specific travel requirements or if their participation is contrary to legal regulations, including those of the country of travel, or official orders. If a third party enters into the contract, the traveler and the third party are jointly and severally liable to MTBreisen wie Marco Polo for the trip price and any additional costs incurred. The receipt of the written declaration by MTBreisen wie Marco Polo is decisive for the calculation of all deadlines, even in the case of cancellation by telephone. In each case of cancellation by the traveler, a flat-rate processing fee of €25 per person will be charged. Furthermore, MTBreisen wie Marco Polo is entitled to the following payments in the event of a traveler's cancellation:

• Up to 60 days before the start of the trip: 10% of the trip price, but at least a €25 processing fee per person

• Up to 35 days before the start of the trip: 25% of the trip price

• Up to 14 days before the start of the trip: 50% of the trip price

• From the 14th day before the start of the trip: 90% of the trip price

• On the day of the start of the trip or in the event of a no-show, 100% of the trip price.

These payments constitute flat-rate compensation unless MTBreisen wie Marco Polo can prove that the remaining compensation claim after deducting saved expenses would have been higher. The traveler reserves the right to prove to MTBreisen wie Marco Polo that the compensation claim is lower than the one requested. If the traveler fails to show up or is late for the start of the trip or for departure or departure, cancels on the day of the trip's start date or for reasons beyond the control of MTBreisen wie Marco Polo, or is barred from commencing or continuing the trip, MTBreisen wie Marco Polo retains the right to full reimbursement. Any additional costs incurred by MTBreisen wie Marco Polo due to efforts to transport the traveler to their destination or to transport them further are borne by the traveler.

Reimbursement will only be made to the extent that MTBreisen wie Marco Polo reimburses unused services from the service providers. Rebooking requests by the traveler made after the above deadlines have expired can, if they are even possible, only be fulfilled after the traveler has withdrawn from the travel contract and re-registered.

5. Delay, Extraordinary Circumstances

If the trip is made more difficult, endangered, or impaired due to force majeure that was not foreseeable at the time the contract was concluded, both MTBreisen such as Marco Polo and the traveler may terminate the travel contract. If the contract is terminated, MTBreisen such as Marco Polo may demand appropriate compensation for services already provided or still to be provided to complete the trip. In these cases, MTBreisen such as Marco Polo is obligated to take the necessary measures, particularly if the contract includes transportation, to repatriate the traveler. The additional costs for repatriate transportation shall be borne equally by the parties. Otherwise, the additional costs shall be borne by the traveler.

5. Delay, Extraordinary Circumstances

If the trip is made more difficult, endangered, or impaired due to force majeure that was not foreseeable at the time the contract was concluded, both MTBreisen such as Marco Polo and the traveler may terminate the travel contract. If the contract is terminated, MTBreisen such as Marco Polo may demand appropriate compensation for services already provided or still to be provided to complete the trip. In these cases, MTBreisen such as Marco Polo is obligated to take the necessary measures, particularly if the contract includes transportation, to repatriate the traveler. The additional costs for repatriate transportation shall be borne equally by the parties. Otherwise, the additional costs shall be borne by the traveler.

6. Documents, Passport, Foreign Currency, Customs and Health Regulations

MTBreisen such as Marco Polo will inform the traveler in a timely manner about the passport, visa, customs, and health regulations of the country of destination. The traveler is obligated to disclose any particular circumstances concerning themselves and their fellow travelers that are relevant to these regulations. Each traveler is responsible for complying with the relevant regulations in the countries they visit. Any disadvantages resulting from non-compliance with these regulations are the responsibility of the traveler, unless they are caused by culpable misinformation or a lack of information on the part of MTBreisen such as Marco Polo.

6. Documents, Passport, Foreign Currency, Customs and Health Regulations

MTBreisen such as Marco Polo will inform the traveler in a timely manner about the passport, visa, customs, and health regulations of the country of destination. The traveler is obligated to disclose any particular circumstances concerning themselves and their fellow travelers that are relevant to these regulations. Each traveler is responsible for complying with the relevant regulations in the countries they visit. Any disadvantages resulting from non-compliance with these regulations are the responsibility of the traveler, unless they are caused by culpable misinformation or a lack of information on the part of MTBreisen such as Marco Polo.

7. Warranty, Duty to Cooperate, Request for Remedy

The traveler may, without prejudice to the right to a reduction in price or termination, claim damages for non-performance, unless the defect in the trip is due to a circumstance for which MTB Reisen wie Marco Polo is not responsible. In the event of any disruptions in service, the traveler is obligated to do everything reasonable to help remedy the disruption or minimize damages. All complaints must be reported immediately to the responsible tour guide. If a tour guide is unavailable, complaints must be raised directly with MTB Reisen wie Marco Polo. Before termination, MTB Reisen wie Marco Polo must be granted a reasonable period of time to remedy the situation, unless remedy is impossible or is refused by MTB Reisen wie Marco Polo, or if immediate termination of the contract is justified by a special interest of the customer. The customer must assert claims for a reduction in price and damages against MTB Reisen wie Marco Polo within one month of the contractually agreed end of the trip. After this deadline has expired, the traveler may only assert claims if they were prevented from meeting the deadline through no fault of their own. Claims expire within six months. The limitation period begins on the day the trip was supposed to end according to the contract. If the customer has asserted claims, the limitation period is suspended until the day on which MTBreisen, such as Marco Polo, rejects the claims in writing.

7. Warranty, Duty to Cooperate, Request for Remedy

The traveler may, without prejudice to the right to a reduction in price or termination, claim damages for non-performance, unless the defect in the trip is due to a circumstance for which MTB Reisen wie Marco Polo is not responsible. In the event of any disruptions in service, the traveler is obligated to do everything reasonable to help remedy the disruption or minimize damages. All complaints must be reported immediately to the responsible tour guide. If a tour guide is unavailable, complaints must be raised directly with MTB Reisen wie Marco Polo. Before termination, MTB Reisen wie Marco Polo must be granted a reasonable period of time to remedy the situation, unless remedy is impossible or is refused by MTB Reisen wie Marco Polo, or if immediate termination of the contract is justified by a special interest of the customer. The customer must assert claims for a reduction in price and damages against MTB Reisen wie Marco Polo within one month of the contractually agreed end of the trip. After this deadline has expired, the traveler may only assert claims if they were prevented from meeting the deadline through no fault of their own. Claims expire within six months. The limitation period begins on the day the trip was supposed to end according to the contract. If the customer has asserted claims, the limitation period is suspended until the day on which MTBreisen, such as Marco Polo, rejects the claims in writing.

8. Participant Assurance

The participant warrants that they hold a valid driver's license (for motorcycle tours and self-drive Jeep tours). They ride at their own risk and participate in the tour on their motorcycle (except for trips with a rental motorcycle/Jeep), which must be registered for public road use and in safe working order. The road traffic regulations of the respective travel countries apply, as do the legal requirements for liability and vehicle insurance. MTB tours such as Marco Polo do not provide additional insurance. The participant warrants that they will only participate in the event wearing proper motorcycle protective clothing (helmet, outerwear, gloves, boots). Recommendations and minimum requirements for protective clothing are included in the participant documentation or can be requested.

8. Participant Assurance

The participant warrants that they hold a valid driver's license (for motorcycle tours and self-drive Jeep tours). They ride at their own risk and participate in the tour on their motorcycle (except for trips with a rental motorcycle/Jeep), which must be registered for public road use and in safe working order. The road traffic regulations of the respective travel countries apply, as do the legal requirements for liability and vehicle insurance. MTB tours such as Marco Polo do not provide additional insurance. The participant warrants that they will only participate in the event wearing proper motorcycle protective clothing (helmet, outerwear, gloves, boots). Recommendations and minimum requirements for protective clothing are included in the participant documentation or can be requested.

9. Compliance with Instructions

If a participant violates safety regulations or endangers, injures, or harms other participants or the proper conduct of the trip due to their behavior, representatives of MTB tours such as Marco Polo have the right to exclude the participant from further participation in the trip without reimbursement of their participation fee and any costs incurred. The participant agrees to follow the instructions of the motorcycle driver or guide on jeep tours along the route.

9. Compliance with Instructions

If a participant violates safety regulations or endangers, injures, or harms other participants or the proper conduct of the trip due to their behavior, representatives of MTB tours such as Marco Polo have the right to exclude the participant from further participation in the trip without reimbursement of their participation fee and any costs incurred. The participant agrees to follow the instructions of the motorcycle driver or guide on jeep tours along the route.

10. Tour Guides

Tour guides are not authorized to make legally binding statements for MTB tours such as Marco Polo. They are also not permitted to hand over vehicles or equipment belonging to or entrusted to MTB tours such as Marco Polo to participants.

10. Tour Guides

Tour guides are not authorized to make legally binding statements for MTB tours such as Marco Polo. They are also not permitted to hand over vehicles or equipment belonging to or entrusted to MTB tours such as Marco Polo to participants.

11. Liability

By signing this form, the participant declares that they participate in the trip at their own risk. They assume civil and criminal liability for any damages they may cause (e.g., personal injury, property damage, and consequential damages) and ensure adequate health insurance coverage. They waive any claims against MTBreisen wie Marco Polo, its employees, and all tour guides, assistants, and other vicarious agents entrusted with the trip, arising in connection with a damaging event during the booked trip. This waiver also applies to the participant's relatives and dependents. The undersigned further indemnifies MTBreisen wie Marco Polo and its employees against any claims asserted by third parties in connection with a damaging event caused or co-caused by them. Liability for intentional damage and gross negligence on the part of MTBreisen wie Marco Polo remains unaffected. To the extent that MTBreisen wie Marco Polo utilizes the services of vicarious agents or other third parties, MTBreisen wie Marco Polo is solely responsible for careful selection and standard monitoring. MTBreisen wie Marco Polo assumes no liability for damages resulting from the improper condition of the route. Liability to the traveler for damages arising from contractual claims under the travel contract is limited to three times the travel price, except for personal injury, provided that the damage to the traveler was neither caused by gross negligence nor intentionally, or if MTBreisen wie Marco Polo is solely responsible for damages incurred by the traveler due to the fault of a service provider.

MTBreisen wie Marco Polo is not liable for service disruptions in connection with services that are merely recommended or arranged as third-party services (sporting events, exhibition visits, other sightseeing, etc.) and that are expressly identified as third-party services in the travel description. A claim for damages against MTBreisen such as Marco Polo is limited or excluded to the extent that, due to international agreements or legal provisions based on such agreements that are applicable to the services to be provided by a service provider, a claim for damages against the service provider is only excluded under certain conditions.

11. Liability

By signing this form, the participant declares that they participate in the trip at their own risk. They assume civil and criminal liability for any damages they may cause (e.g., personal injury, property damage, and consequential damages) and ensure adequate health insurance coverage. They waive any claims against MTBreisen wie Marco Polo, its employees, and all tour guides, assistants, and other vicarious agents entrusted with the trip, arising in connection with a damaging event during the booked trip. This waiver also applies to the participant's relatives and dependents. The undersigned further indemnifies MTBreisen wie Marco Polo and its employees against any claims asserted by third parties in connection with a damaging event caused or co-caused by them. Liability for intentional damage and gross negligence on the part of MTBreisen wie Marco Polo remains unaffected. To the extent that MTBreisen wie Marco Polo utilizes the services of vicarious agents or other third parties, MTBreisen wie Marco Polo is solely responsible for careful selection and standard monitoring. MTBreisen wie Marco Polo assumes no liability for damages resulting from the improper condition of the route. Liability to the traveler for damages arising from contractual claims under the travel contract is limited to three times the travel price, except for personal injury, provided that the damage to the traveler was neither caused by gross negligence nor intentionally, or if MTBreisen wie Marco Polo is solely responsible for damages incurred by the traveler due to the fault of a service provider.

MTBreisen wie Marco Polo is not liable for service disruptions in connection with services that are merely recommended or arranged as third-party services (sporting events, exhibition visits, other sightseeing, etc.) and that are expressly identified as third-party services in the travel description. A claim for damages against MTBreisen such as Marco Polo is limited or excluded to the extent that, due to international agreements or legal provisions based on such agreements that are applicable to the services to be provided by a service provider, a claim for damages against the service provider is only excluded under certain conditions.

12. Accident Insurance

There is no accident insurance. Each participant must take out their own accident insurance.

12. Accident Insurance

There is no accident insurance. Each participant must take out their own accident insurance.

13. Travel Cancellation Insurance/ Travel Protection Letter

We recommend taking out travel cancellation insurance and a travel protection letter and are happy to advise you.

13. Travel Cancellation Insurance/ Travel Protection Letter

We recommend taking out travel cancellation insurance and a travel protection letter and are happy to advise you.

14. Place of Jurisdiction

The customer may only sue MTB at its registered office. For claims brought by MTB against the customer, the customer's place of residence shall be decisive, unless the claim is directed against a registered merchant or a person who does not have a general place of jurisdiction in the country, or against a person who has relocated their place of residence or habitual abode abroad after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the claim is filed. In these cases, the registered office of Mongolia Travel Agency Reisen shall be decisive.

14. Place of Jurisdiction

The customer may only sue MTB at its registered office. For claims brought by MTB against the customer, the customer's place of residence shall be decisive, unless the claim is directed against a registered merchant or a person who does not have a general place of jurisdiction in the country, or against a person who has relocated their place of residence or habitual abode abroad after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the claim is filed. In these cases, the registered office of Mongolia Travel Agency Reisen shall be decisive.

15. Miscellaneous

The invalidity of individual provisions of the travel contract does not invalidate the entire contract. Rather, the parties undertake to find a provision that most closely approximates the original version.

Organizer

MTBreisen wie Marco Polo GmbH

15. Miscellaneous

The invalidity of individual provisions of the travel contract does not invalidate the entire contract. Rather, the parties undertake to find a provision that most closely approximates the original version.

Organizer

MTBreisen wie Marco Polo GmbH