Traveler Terms and Conditions
Last updated: September 24, 2023
TRAVELER TERMS & CONDITIONS
Welcome! These Terms of Use and Service state the terms and conditions of receiving services from MyBhutan, LLC, and using our website. Please read these terms before using this website and before using our services. Staying on this website, using our services, and arranging travel through us are all voluntary by you.
Acceptance of Terms. These terms define our respective obligations, rights, and remedies, with regard to use of our services, participating in travel arranged through us and use of this website. These terms also include warranty disclaimers and limitations and exclusions of liability. By visiting our website, or obtaining any service or product through us, you agree to be bound by these terms. You acknowledge and agree this is a fair balance because the website is available to you conveniently; and if you don’t agree or don’t want to accept these terms, you can easily choose to not visit the website. If you do not agree, or if anything is not in these terms that you consider essential, you can choose to not use our website and not use our services. By using the website or our services you agree to comply with and be bound by all the terms.
Service Terms
Who We Are. MyBhutan Is Facilitator between Customer and Service Provider. MyBhutan provides travel and tourism arrangements to facilitate the connection between individuals and/or entities ("You" or “Participants”) seeking travel services (“Services”) from MyBhutan’s cooperating airline, accommodation and travel suppliers (together referred to as "Providers"). The Participant acknowledges and agrees that the Provider delivers the Services to the Participant and that MyBhutan has no relationship with the Participant other than to provide the support defined above. MyBhutan does not have control over or responsibility for the quality, timing, legality, failure to provide or any other aspect whatsoever of the Services. For avoidance of any doubt, the term ‘Participant’ includes all individuals and/or entities participating in the travel event and not solely the payee of the travel event. All services provided by MyBhutan are rendered from Puerto Rico.
Participant Documents. Prior to receiving visas, the Partner shall submit (a) color copies of passports for Participants, (b) headshots of Participants, (c) copies of travel insurance for Participants, and (d) signed MyBhutan Release Waiver forms for Participants (or legal guardians).
Passports & Visas. (a) You and each person in your group are responsible for obtaining and carrying a valid passport, visa and all other documents required by the government(s) of the place(s) where you travel. The U.S. government advises everyone to carry at least two forms of acceptable identification to board a flight. The Transportation Security Administration (“TSA”) list of acceptable IDs is at www.tsa.gov/traveler-information/acceptable-ids. Name, date of birth and gender on the identification card must match exactly the same data on the airline ticket(s) and booking records. (b) Some countries, as a condition to enter, require passports to have more than six (6) months before expiration and refuse entry to a person whose passport expires within six (6) months of the date of attempted entry or within six (6) months of anticipated completion of the trip. Some countries require the passport to have at least two blank pages. Countries may have additional requirements. (c) Children and infants are not exempt. All such travel documents are required for children and infants. Children and infants traveling with one parent, or without both parents, may be denied entry, unless authenticated, verified consents are provided to authorities in the format and with content they require. (d) Each traveler is responsible for making sure his or her passport, and passports of children, are up to date, do not expire for at least 6 months after the trip beginning or trip return date as applicable in particular countries, have two completely blank pages where required, and have all necessary visas. (e) Visas are required for citizens of most countries to enter Bhutan. While MyBhutan may assist in the visa(s) procurement process for Bhutan, the attainment of a visa(s) in other countries (i.e. India, Thailand, etc), including entry and transit visas, is solely the responsibility of the Participant. Inability to travel due to a lack of proper travel documents (Passports & Visas) does not constitute grounds for a refund.
Airline Reservations. At the request of the Participant, MyBhutan will make airline reservations for the Participants on DrukAir or Bhutan Airlines. At the request of the Participant, MyBhutan will also assist in arranging permissions for private flights into Bhutan.
Other Entry and Exit Requirements. (a) Each country has rules and practices regarding past criminal offenses, whether within or outside the country. Criminal offenses may include, but are not limited to felonies, misdemeanors and seemingly petty offenses, including driving under the influence of alcohol or drugs. If you have a past or current offense, whether recent or a long time ago, please contact authorities in each country you wish to travel to or through, for entry and exit requirements. This also includes planning to only pass through in transit. (b) Denial or delay of entry into or through a country for any reason is not grounds for a refund as to any aspect of your trip. (c) Out of respect for privacy and other considerations, it is possible our staff may not ask you about your criminal history. It is your obligation to open discussion of this subject and share this information if you wish to do so. Particularly if the subject is not brought up by you, it is your obligation to be aware of restrictions on travel that may result from past criminal matters.
Travel Advisories/Warnings. You are responsible for being and staying informed of the most current travel information, advisories and warnings. YOU ASSUME ALL RISKS OF PERSONAL INJURY, DEATH, LOSS, INCONVENIENCE OR DELAY, QUARANTINE COSTS, HOSPITAL OR MEDICAL COSTS, OR OTHER EXPENSES THAT MAY ARISE FROM THE TRIP.
Travel Protection. (a) Travel is an adventure. So many things can happen during or in relation to travel. Some can be disruptive, painful, costly, or worse. We request that you obtain medical insurance and travel insurance. This is to provide some protection for you and your trip investment against some of the many things that can happen. Travel protection plans differ and vary widely. They may include coverage for one or more of trip cancellations, trip interruptions, emergency medical and emergency evacuation/repatriation, trip delay, baggage delay and more. Within these coverages, terms, amounts of coverage, deductibles, requirements and procedures vary. Some insurers that offer these coverages include Travel Guard, Allianz, Travelex, Redpoint and World Nomads. (b) Some travel insurance plan options, like Cancel For Any Reason policies, may be available only if purchased within 14 days of confirming your trip with a deposit payment. For that reason we recommend looking into insurance as soon as your trip is confirmed. It is the responsibility of the traveler to purchase a policy in a timely manner. We reserve the right to cancel your trip at any time if you do not obtain and provide us proof of adequate insurance. (c) No policy covers every risk and for risks covered, no policy covers 100%. MyBhutan and our representatives shall not be responsible for adequacy, sufficiency or any other aspect of insurance you may choose to obtain or of the issuer of the policy, even if more or better coverage or better insurer was available, and even if we accepted the insurance as in some way sufficient. Our coverage recommendations, requirements or acceptance of insurance is not a representation or warranty of sufficiency.
Your Health and Physical Condition. You and each person in your group are responsible for consulting a personal physician, and to consult a physician for each child in your group, before booking your trip and before traveling. This is to make sure each person is physically fit for the travel, that the travel you selected is appropriate to each person’s health, abilities, and limitations, and that you and they have taken all health precautions. There will be no exceptions to our refund policy for canceled trips as a result of health or physical conditions.
Vaccinations. (a) You are responsible for obtaining and having the required documentation of immunizations before travel and to comply with the rules of government authorities. MyBhutan shall not be responsible for the accuracy of health requirements or vaccination and/or documentation prior to departure or on arriving at any destination. Prior to travel, required inoculations must be recorded by your health care professional on a valid vaccination certificate, which you must carry for proof of inoculation where required. You are urged to also consult your health care professional regarding medications and inoculations, before booking. (b) Some vaccinations require multiple visits and a few weeks between injections. Begin consulting all physicians at least 8 weeks before departure.
Pregnancy. Each Provider has its own policy and many restrict travel or participation and require a doctor’s note or other documentation to travel or participate after a specified stage of pregnancy. Some Providers do not permit travel or participation after a specified stage of pregnancy. MyBhutan does not Provider policies. You are responsible for checking the policy of the Providers and complying with their policy.
Mosquitos. In many tropical countries, mosquitoes spread diseases like chikungunya, dengue, malaria, West Nile, yellow fever and Zika virus. You must seek medical advice before travel, especially if you are pregnant or have an underlying condition. When traveling some of the many measures you can take to reduce the risk of infections from mosquitoes include wearing suitable clothing, covering up when mosquitoes are active, using insect repellent on exposed skin, and using a mosquito net, especially if sleeping in unscreened accommodations. You must seek prompt medical attention if you have a fever or other symptoms. If you become ill on your return, tell your doctor about any trips you have taken in the past year.
Insecticide Notice. International law lets airlines spray insecticide inside the cabin to protect public health, agriculture and the environment. This may involve spraying a cabin with insecticide while passengers are on board or spraying or treating inside surfaces with insecticide while passengers are not on board. Some countries require airlines to treat the cabin with insecticides while passengers are on board.
Altitudes. Your trip may include travel or experiences at high altitudes. We recommend you review the altitudes of your destination with us in the planning process and consult your physician before confirming your booking.
Travelers with Disabilities. MyBhutan welcomes customers with special needs and disabilities and seeks to provide enjoyable, and memorable travel experiences for all customers. To help us do so: (a) Please inform your MyBhutan representative before booking of any physical, medical, or other special needs that require accommodation. After booking, if you or a member of your group develops a physical or medical condition that requires accommodation, please inform our representative as soon as possible. (b) You and all guests in your group must ensure you and they are medically and physically fit for travel. Providers may impose safety requirements necessary for safe operations. They may exclude an individual from participating in a tour or activity if the individual’s participation poses a threat to health or safety. (c) Many Providers do not provide personal devices (for example, wheelchairs, motorized scooters, hearing aids or prescription eyeglasses) or services of a personal nature (for example, pushing a wheelchair or assistance in eating, toileting or dressing). A companion to provide this assistance may be required to accompany a passenger who needs services of a personal nature. (d) Many Providers do not employ medical personnel. Needed medical attention may have to be obtained at local facilities, at your expense. Facilities may not be available. MYBHUTAN IS NOT RESPONSIBLE OR LIABLE FOR LOSSES OR COSTS INCURRED AS A RESULT OF MEDICAL SERVICES OBTAINED WHILE TRAVELING OR FOR THE QUALITY OF CARE OR SERVICES RECEIVED. (e) Many destinations and tours involve stairs or steep walkways, uneven pavement, cobblestone streets, gravel, narrow ways, turns, rough terrain, and other conditions limiting or preventing wheelchairs or motorized devices. (f) Travel involves arrangements with Providers. They are independent entities, which MyBhutan does not control. MyBhutancannot assure disability access or accommodations. (g) Your MyBhutan representative can discuss a world of alternatives and customize an itinerary that also considers your level of mobility and comfort.
Dietary Needs. You are responsible to tell us any dietary needs or preferences, vegetarian, vegan, lactose intolerance, food allergies, diabetic, celiac, Kosher, Halal. Please inform us before or at the start of the trip-planning process. Meeting all preferences and needs may not be possible, or may not be possible at all times or places on the trip. After we inform Providers, and even if a service provider can accommodate or commits to accommodate needs or preferences, they may inadvertently err and/or their standards may differ, for example, less strict standards for separating out allergens or differing standards for other categories. It is critical that you inform anyone serving or providing you with food of your dietary needs and preferences, regardless of any prior discussions with MyBhutan. MYBHUTAN IS NOT LIABLE FOR THE FAILURE OR FAILURE OF ANY PROVIDER TO MEET THE DIETARY NEEDS OR PREFERENCES OF YOU OR ANYONE IN YOUR GROUP.
Culture and Political Differences. The world is highly diverse. Each place has its own culture, history, attitudes, likes, dislikes, friends, foes, grievances, priorities, rules, customs, practices, sensitivities, taboos, lifestyles, infrastructure, and wide-ranging other characteristics and conditions that make people and their places unique, fun, interesting, or potentially challenging to visit, meet and engage with. These circumstances are often an important reason to visit the destination, but certain aspects may be frustrating. Actions that you might routinely engage in at home may cause offense or be unlawful in another place. Expressions you frequently use at home may be offensive to some in a place you visit. You must be prepared to be flexible, patient, and open-minded and to accept and embrace diverse experiences, and different practices, that may not align with your preferences or expectations.
Safety. (a) Personal safety is a concern everywhere. No place, even home, is 100% safe. Some places have greater safety risks than others. The news may exaggerate incidents, making them seem more dangerous. In contrast, the media may fail to give sufficient attention to matters of true danger. You are responsible for investigating, being and staying informed about places where you will travel, by reading current news, and reviewing travel prohibitions, warnings, announcements, and advisories issued by governments before and after booking. (b) You should consider enrolling in the (or your government's equivalent of) U.S. Government’s free Smart Traveler Enrollment Program (STEP). STEP lets U.S. citizens and nationals traveling and living abroad enroll their trip with the nearest U.S. Embassy or Consulate. STEP lets you enter information about your upcoming trip so the State Department can provide information on safety conditions to help you make informed decisions about travel plans, help the U.S. Embassy contact you in an emergency and help family and friends contact you in an emergency. (c) PEOPLE TRAVEL TO MANY DIFFERENT DESTINATIONS. PEOPLE TRAVEL FOR MANY REASONS AND HAVE DIFFERENT RISK TOLERANCES. MYBHUTAN'S ARRANGING OR ASSISTING IN ARRANGING TRAVEL TO PARTICULAR DESTINATIONS IS NOT A REPRESENTATION OR WARRANTY THAT TRAVEL TO THOSE PLACES IS ADVISABLE, SAFE, RISK-FREE, OR OF TOLERABLE OR ACCEPTABLE RISK. MYBHUTAN AND ITS PERSONNEL SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES, INCLUDING PERSONAL INJURY, DELAY, CRIME, DEATH, INJURY TO OR LOSS OF PROPERTY, THAT MAY RESULT IN OR DURING OR AS RESULT OF TRAVEL TO ANY DESTINATION. YOU ASSUME AND ACCEPT, FOR YOURSELF AND YOUR GROUP, ALL SAFETY AND OTHER RISKS ASSOCIATED WITH YOUR TRAVEL.
Release. You and your group hereby release and forever discharge, and covenant not to sue, MyBhutan, and its officers, directors, employees, agents, and Providers from all claims, demands, actions, causes of action, losses, liabilities, costs and expenses (including, without limitation, attorneys’ and other professionals’ fees and costs up through and including any appeal) arising out of the death, personal injury, property damage or otherwise suffered by any person or participant arising out of or related to, directly or indirectly, the Services.
LIMITATION OF LIABILITY. MYBHUTAN AND ITS SUBSIDIARIES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, CONSULTANTS, AFFILIATES, AND PROVIDERS SHALL NOT BE LIABLE FOR ANY ACT, NEGLIGENT OR WILLFUL, OR FAILURE TO ACT OR OMISSION OF ANY SUCH PARTICIPANT, PERSON OR ENTITY, OR OF ANY THIRD PARTY. BY WAY OF EXAMPLE, AND NOT LIMITATION, THEY SHALL NOT BE LIABLE FOR INJURY, LOSS, OR DAMAGE TO YOU OR ANY PARTICIPANT OR MEMBER OF YOUR GROUP, FOR PERSONAL PHYSICAL OR MENTAL INJURY, ILLNESS, DISEASE, DEATH, DISTRESS, INJURY TO OR LOSS OF LUGGAGE OR OTHER PROPERTY, DELAY OR INCONVENIENCE CONNECTED WITH PROVIDING OF OR FAILURE TO PROVIDE OR ERROR IN PROVIDING SERVICES OR MERCHANDISE, OCCASIONED BY OR RESULTING FROM, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF WAR OR CIVIL UNREST, TERROR, INSURRECTION OR REVOLT, CRIMINAL ACTIVITY, STRIKE OR OTHER LABOR ACTIVITY, LAW OR REGULATION OR CHANGE IN LAW OR REGULATION, CHANGE IN ENFORCEMENT PRACTICE, EMBARGO, FINANCIAL OR OTHER DEFAULTS BY SUPPLIERS, CRIMINAL OR TERRORIST ACTIVITIES, OR THREAT OF ANY OF THE FOREGOING, OVERBOOKING, DOWNGRADING OF ACCOMMODATIONS, STRUCTURAL OR OTHER DEFECTIVE CONDITIONS IN HOTEL OR OTHER LODGING FACILITY, MECHANICAL OR OTHER FAILURE OF AIRPLANE, HELICOPTER OR ANY MEANS OF TRANSPORTATION, OR HUMAN ERROR, FAILURE OF ANY TRANSPORTATION MECHANISM TO ARRIVE OR DEPART TIMELY OR SAFELY, FOODBORNE OR WATERBORNE ILLNESS, INFECTIOUS DISEASE, WEATHER, RAIN, WIND, HIGH OR LOW WATER, DANGERS ASSOCIATED WITH OR BITES FROM ANIMALS, PESTS OR INSECTS, MARINE LIFE OR VEGETATION OF ANY SORT, DANGERS INCIDENT TO RECREATIONAL ACTIVITY SUCH AS SCUBA DIVING, ZIP LINING, SNORKELING, PADDLE BOARDING, SWIMMING, KAYAKING, SAILING, CANOEING, RAFTING, HIKING, BIKING, CLIMBING, SKIING, BOARDING, ETC. SANITATION PROBLEMS, FOOD POISONING, LACK OF ACCESS TO OR MEDICAL CARE, QUALITY OF MEDICAL CARE, DIFFICULTY IN EVACUATION IN CASE OF MEDICAL OR OTHER EMERGENCY, ILLNESS, EPIDEMIC, PANDEMIC OR THREAT THEREOF OR FOR ANY FORCE MAJEURE THE SAME AS OR DIFFERENT OR OTHER THAN THE FOREGOING OR OTHER CAUSE, AND FROM ANY AND ALL FORMS OF NEGLIGENCE OF MYBHUTAN AND ITS PROVIDERS, ALSO INCLUDING UNINTENTIONAL GROSS NEGLIGENCE, AND YOU AND EACH MEMBER OF YOUR GROUP ALL ASSUME EACH AND ALL RISKS OF EACH AND ALL AND EVERY COMBINATION OF THE FOREGOING.
FURTHER LIMITATION OF LIABILITY. MYBHUTAN PASSES ON THE VAST MAJORITY OF YOUR PAYMENTS TO PROVIDERS TO SECURE YOUR TRIP. MYBHUTAN THEREFORE ONLY RETAINS SMALL MARGINS, COMMISSIONS AND/OR FEES FOR TRAVEL PLANNING SERVICES. YOU AGREE THAT IF, NOTWITHSTANDING THE ABOVE LIMITATION OF LIABILITY, THERE IS ANY LIABILITY OF MYBHUTAN, ANY LIABILITY AND RECOVERY FROM MYBHUTANWILL BE LIMITED TO AND IN NO EVENT EXCEED THESE SMALL MARGINS, COMMISSIONS AND/OR FEES RETAINED BY MYBHUTAN FOR OR ASSOCIATED WITH YOUR TRIP.
Assumption of Risks. (a) Travel is an adventure. Adventure has risks. You are aware that the travel you and your group are undertaking, involves hazardous activities, some in remote areas, with risks of inconvenience, illness, injury or death. These may be brought about by forces of nature, animals, insects or flora, negligence of MyBhutan, its Providers, or of other persons and companies known or unknown, or negligent, willful or criminal conduct of third parties. You are aware that weather conditions may be severe, adverse, unpleasant or all of these. You are aware that medical services or facilities may not be readily available or accessible at some or all times during the trip. (b) To partake in the enjoyment and excitement of this adventure trip you are willing to accept the risks and uncertainties involved as being an integral part of your trip. You hereby accept and assume full responsibility for any and all risks of illness, injury or death and of negligence of MyBhutan and its Providers. Any expenses resulting from an on-tour incident not covered by the travel insurance will be the responsibility of the Participant. In the rare event of a major medical issue, evacuation, or other serious situation, the Participant may be responsible for additional fees related to transportation, staff time and risk management resources, and vendor support, if activated.
Participation is Voluntary. The planned or proposed travel is voluntary by you. If you are under any obligation to travel, your election to arrange travel with MyBhutan is voluntary by you. You acknowledge that you are voluntarily arranging this trip. You acknowledge that you read the description of the trip as it appears in any preprinted itinerary or description, or for a customized tour, any itinerary or description provided by your representative at MyBhutan, and supplements and notes regarding the trip. You are voluntarily participating in this trip with knowledge of the hazards involved.
More Waivers During Trip. You are aware that additional waivers and disclaimers of loss and liability and the like may be required by Providers to participate in activities during the trip. You agree to either sign those waivers, or alternatively, you understand and agree that you may decline to sign, and may be excluded from services for which you choose not to sign such waivers. You must acknowledge that you, along with all other Participants in your group, are required to complete and sign the MyBhutan Waiver Form before your arrival. If you or any Participant refuses to sign the form but proceeds to arrive in the country and partake in the Services, your actions will be considered as having agreed to the terms outlined in the form. Please note that there will be no exceptions to our refund policy in the event of a refusal to sign the form and subsequent failure to arrive in the country or participate in the Services.
When Travel is Considered Reserved. (a) Your travel is considered to be reserved only when: (i) for a booking made more than 90 days before the scheduled departure date, you provide the deposit requested by MyBhutan; and/or (ii) for a booking made 90 days or closer to scheduled departure date, you provide full payment of the quoted price of the full travel itinerary, and in either case when MyBhutan has stated to you in writing that your itinerary is confirmed. (b) “Reserved” does not mean your travel will occur. It means only that we received partial payment and are waiting for the rest of the payment, and signed documents from you, to secure arrangements with Providers. (c) Your reserved booking is subject to becoming unreserved and canceled if the balance due for any booking is not paid when due. (d) All persons in the group at any time, thus also including anyone later added or substituted, and continuing to include anyone who leaves the group, agree to be and to remain bound by these terms and conditions. The person in whose name the booking is made and the travel is arranged is responsible for ensuring all persons in the group are informed, aware of and have read these terms and conditions including non-payers and minors.
Cancellation for Nonpayment. MyBhutan requires full payment for the trip 90 days prior to the scheduled departure date. If the reservation is first made 90 days or closer to the scheduled departure date, MyBhutan requires full payment at that time. If full payment is not received according to the time frame stated above in this section, MyBhutan reserves the right to cancel the trip and apply cancellation charges in section 'Deposit'. On and after cancellation and return to you of the amount paid, less the cancellation fee which we will retain, MyBhutan will have no further liability or obligation to you.
Requirement to Review Documents. You agree to check your confirmation invoice and all travel documents carefully on receiving them to confirm accuracy. You agree to contact us immediately if you believe any details are or may possibly be incorrect. FOR ANY INACCURACY THAT MYBHUTAN WOULD BE RESPONSIBLE FOR, MYBHUTAN WILL NOT BE RESPONSIBLE IF YOU FAIL TO NOTIFY US WITHIN THE SHORTER OF FIVE (5) DAYS OF RECEIPT OF DOCUMENTATION OR NOT LATER THAN 48 HOURS BEFORE DEPARTURE. We will still try to rectify any mistake notified to us outside these time limits; you must bear any additional costs involved.
Deposit. (a) A deposit is part payment for a trip. The deposit required will be set based on the requirements of Providers. (b) In addition to the deposit, part or full payment for some elements of the trip, such as flights, may be required at the time of booking or other specified time. The deposit and additional payments are generally nonrefundable. The balance must be paid no later than the date stated in the confirmation invoice or, if not stated, 90 days before the scheduled departure date. However, some Services require advance payment. If we do not receive all payments when due, in full, and on time (including any surcharge if applicable), we can infer that you wish to cancel. We will be entitled to retain all amounts paid. If we do not cancel immediately, for example, because you promised to make payment, you must pay the cancellation charges shown in our refund policy based on the date we treat your booking as canceled. (c) Sometimes, Providers ask us to pay them earlier than usual. There can be various reasons. We will require payment from you. Failure to comply with these requests may result in loss of confirmed arrangements. We reserve the right to require you to pay the requested amount within a certain period and prior to the balance due date. Such payment is nonrefundable.
Change to a Trip. We do not assure that a change to a trip will be granted, or that the change will be made. Where a change of any kind is granted in whole or in part, we may charge additional costs incurred including costs imposed or incurred by Providers and any cancellation charges incurred for canceled aspects. We will have the right to charge for our additional work. If you obtain trip insurance that covers change fees, you may be able to recover part of the cost from your insurance.
Cancellation. If you wish to cancel part of a booking or the entire booking after it is confirmed by us, you must provide us with written notification by certified mail or email. As proof of receipt by email of your cancellation notification, you must receive and retain written acknowledgment from MyBhutan. Charges will be applied from the date your letter or email is received, according to the scale below. The charges are applied as a percentage of the total trip cost excluding any amendment charges and any amounts paid in addition to the deposit at the time of booking or before the balance due date. If you obtained trip insurance that covers cancellation, you may be able to recover part of the cost from your insurance.
Cancellation Charges. Please refer to our refund policy for cancellation charges that apply based on the time of cancellation.
Force Majeure. MYBHUTAN AND ITS PROVIDERS WILL NOT BE LIABLE AND HAVE NO OBLIGATION TO MAKE ANY REFUND OR PAY ANY COMPENSATION WHERE PERFORMANCE OF AN OBLIGATION IS PREVENTED OR DISRUPTED OR IN ANY WAY AFFECTED, OR YOU SUFFER ANY LOSS, INJURY, DEATH, INCONVENIENCE, DELAY OR ANY OTHER FORM OF DAMAGE DUE TO ANY CIRCUMSTANCE AMOUNTING TO “FORCE MAJEURE.” FOR THESE TERMS, “FORCE MAJEURE” MEANS ANY EVENT OR CIRCUMSTANCE THAT WE OR A SUPPLIER COULD NOT AVOID. SUCH EVENTS AND CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO ACTS OF GOD; THREATENED, IMPENDING OR ACTUAL: WAR, INSURRECTION, RIOT, STRIKE, CIVIL ACTION, ACT BY GOVERNMENT OR GOVERNING AUTHORITY, EMBARGO, FAILURE OF UTILITY, EQUIPMENT FAILURE OR BREAKDOWN OR NEED FOR REPAIR OR TECHNICAL OR MAINTENANCE PROBLEM WITH TRANSPORT, CHANGE OF SCHEDULE OR OPERATIONAL DECISION OF AIR OR OTHER CARRIER, TERRORISM, INDUSTRIAL ACTION, NATURAL OR NUCLEAR ACTIVITY, EPIDEMIC/PANDEMIC, ADVERSE WEATHER, HIGH OR LOW WATER, EARTHQUAKE, FIRE, FINANCIAL FAILURE OF A SUPPLIER OR OTHER PERSON/ENTITY, AND ANY SIMILAR OR DIFFERENT EVENTS OUTSIDE OUR CONTROL, EVEN IF SUCH EVENT COULD HAVE BEEN CONTEMPLATED OR ENVISIONED. THIS FORCE MAJEURE PROVISION APPLIES WITH REGARD TO EVERY OBLIGATION OF MYBHUTAN.
Privacy and Information Retention. Because the nature of our business requires coordination with government agencies and suppliers who assist us to secure visas/permits and deliver the travel services requested, it is necessary to share certain personal information collected. MyBhutan uses commercially reasonable physical, technical, and administrative safeguards to assist us in preventing unauthorized access, use and disclosure of sensitive information. Furthermore, MyBhutan uses industry best-practices for the secure and reasonable retention of information and records and information. MyBhutan and its Providers assume no responsibility or liability for unauthorized access to such information.
Complaint. If you have a complaint about an aspect of your trip arrangement while traveling, you must inform us immediately. Any complaints that you wish for MyBhutan to investigate for the purpose of a refund must be raised within seven (7) days after your return. MyBhutan will not be subject to honor refunds for any complaints raised after this seven-day window.
Changes After Start of Trip. We will try to make the reasonable changes you request to Services after the trip starts, but we cannot assure you this will be possible. If a requested change is made, or if a request results in an alternative accommodation, you will be required to bear any cancellation charges and other charges associated with revising the Services.
Change Will Not Result in Full or Partial Refund. A change in Service that shortens your trip (including requests made prior to arrival), your late arrival, your early departure, your absence from some or all portions of the trip, your participation in less costly aspects of the trip than originally planned or paid for, your reduced participation in any way, or your usage of less of the elements of the trip than are or were available, will not result in any refund in full or in part. If you obtained trip insurance, depending on coverage you may be able to recover part of the cost from the insurance.
If We Make a Change to Trip. We try to avoid changes and cancellations but sometimes we must make changes to Services of a trip. We reserve the right to do so. This may occur before or after bookings are confirmed. This may occur before or after trip begins. We will try to make an adjustment that provides an alternative, approximately equivalent Service. A change or cancellation that was outside our control will not entitle you to a full or partial refund.
External Services. YOUR DEALINGS AND ARRANGEMENTS WITH SERVICES ARRANGED WITHOUT THE ASSISTANCE OF MYBHUTAN ARE ON THEIR TERMS OR TERMS YOU AND THEY ARRANGE. YOU DEAL WITH THEM AT YOUR OWN RISK. MYBHUTAN DOES NOT VOUCH FOR AND WILL HAVE NO LIABILITY FOR ANY ASPECT OF SERVICES YOU ARRANGE DIRECTLY WITH THIRD PARTIES.
Price Adjustments and Surcharges. Occasionally we make typographic and calculation errors. We reserve the right to make corrections to pricing that result when we identify these. If you notice a possible error, or pricing that appears surprisingly low or high, please call it to our attention for clarification or confirmation to reduce risks of surprise or misunderstanding. Increases in aviation fuel and other energy prices, fluctuations in currency exchange rates, introduction by governments of new charges, and other factors can require an increase in trip prices before or after you book. We reserve the right to make changes to and correct errors in quoted prices any time before your trip is fully paid and for significant errors or changes even after full payment. We will inform you of these circumstances and the adjustments after we become aware of them.
Flights and Your Responsibility. (a) Flight details in your itinerary proposal are only guidance and are subject to change. Final details in effect at the time of issuing your itinerary, will be confirmed in your final itinerary. Times shown on tickets are local times. Check-in time for outward and return flights may be at least 3 hours before departure times on travel documents. (b) Flight times can change after itinerary and tickets are issued. You must check with carrier to confirm flight times. Though we try to contact you if we learn of a change in flight time, you must not rely on us to contact you. (c) A change in one flight time may impact your ability to make any connecting flight. Connecting flights may depart from a different airport location (e.g., a different gate) than your arriving flight. Arrival locations and departure locations of connecting flights can change. You must check with carriers to confirm gates of arrival and departure. (d) If you do not present your itinerary, ticket, boarding pass and required identification, you may not be permitted to enter the airport, or enter the departure gate and may not be permitted to board a flight. Keep your itinerary, ticket, boarding pass and required identification in safe place. (e) The name on your airline tickets must be identical to the name on your passport. Please check these for any possible mismatch. If you notice any discrepancy, please notify us immediately so that you or we can attend to any corrective action that may be needed. (f) Air travel is subject to the operational decisions of carriers and airports. These decisions may result in delays and diversions. Carriers sometimes change departure times with little or no prior notice. Sometimes, schedules shown on the computers of carriers differ from those actually flown by smaller local carriers. You must be careful to locally reconfirm directly with carriers operating the flight. (g) MYBHUTAN WILL NOT BE RESPONSIBLE FOR YOU MISSING A DEPARTURE WHETHER DUE TO NOT CARRYING PROPER ENTRY/TRANSIT VISAS, CHANGE IN FLIGHT TIME, CHANGE IN GATE OF ARRIVAL OR DEPARTURE, MISPLACEMENT OR LOSS OF ITINERARY, TICKET, BOARDING PASS OR IDENTIFICATION, MISMATCH BETWEEN NAME ON TRAVEL DOCUMENT AND NAME ON PASSPORT OR OTHER REASON. (h) It is the Participant's responsibility to understand the risks associated while traveling, including, but not limited to, understanding hotel fire safety and emergency evacuation plans at each location. All program Participants will be responsible for their own actions at all times. MyBhutan and its Providers assume no responsibility for participants when they are on their own “free time.” Participants are solely responsible for the pre-program, program, and post-program medical care in all respects, including, but not limited to, obtaining and taking necessary medication(s), vaccinations and any other medical care and treatment. Participants are solely responsible for the pre-program and post-program travel in all respects, including, but not limited to, flights to/from their origin country and all visas required by other countries.
You Bear Risks of Loss or Damage. YOU ACCEPT RESPONSIBILITY FOR DAMAGE OR LOSS CAUSED BY YOU. Baggage and personal effects are at all times the responsibility solely of you.
Marketing Permission. Unless specified otherwise in writing by the Participant, MyBhutan reserves the right to make audio and visual records of any of its Participant trips. Participant agrees that MyBhutan may use any such records for promotional and/or commercial purposes, as well as approves of such uses by third parties whom MyBhutan may engage without any remuneration to the Participant. Participant acknowledges that MyBhutan owns all rights, titles, and interest in or to any and all media related to the Participant's trip without any remuneration to Participant for all content that was produced by representatives of MyBhutan.
Website Terms
Use Of Website You can use our website: www.mybhutan.com to obtain information about us. Access is permitted to you only on a temporary basis. We reserve the right to modify any content or functionality at any time, without notice. We will not be liable if for any reason our website is unavailable for any period, whether or not unavailability was in our control. From time to time, we may restrict access to parts of our website or our entire website. You must use our website only according to these terms, including the below Acceptable Use Provisions.
Access. The right to use the website is personal to you and is not transferable by you to any other person or entity. You are responsible for making any arrangements needed for you to access our website and to ensure that all persons who access our website through your internet connection are aware of and comply with these terms.
Children. The website is not directed to children (persons under age 18). Children must not use the website or services offered or submit any individually identifiable information about themselves.
Acceptable Use. (a) You may use our website only for lawful purposes. You must not use our website: any way that violates federal, state or local law or regulation; any way that has unlawful or fraudulent purpose or effect; to harm or try to harm us or any person or entity; any way that could disable, overburden, damage, or impair our website or interfere with anyone else’s use of our website. You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our website, or any service available through our website and not to access without authority, interfere with, damage or disrupt any part of our website or any software used in our website or equipment or network or software owned or used by any third party. (b) If we determine a breach of these Acceptable Use Provisions may have occurred through your use of our website, we may take whatever action we deem appropriate (c) Violating these provisions is a breach of these terms and may result in us blocking your access to our site, legal action and exercise of all available rights and remedies.
Ownership. (a) All or substantially all content on our website is owned by or licensed to us and is protected by U.S. and international copyright laws, except any works of the U.S. government. This includes text, images, artwork, any sound, and all other content, elements and aspects of our website. We retain all rights to the contents. Contents may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us, except as follows: Permission is granted to view and print materials from our website for the non-commercial purpose of personal viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on our website, whether in electronic or hard copy, without our express prior written consent is prohibited. (b) You must not infringe any intellectual property rights or use any part of the content on our website for any commercial purpose without getting a license or permission in writing from us. You must not use any of our trademarks or trade names without our written consent. (c) If you print, copy or download any part of our website in breach of these terms of use, your right to use our website will end immediately and you must, at our option, return or destroy any copies of materials you made.
Trademarks. MyBhutan and other trademarks and service marks (including logos and designs) on our website are trademarks or service marks of us and/or of specified organizations and the goods or services of us and/or specified organizations. These marks may not be used without the organization’s prior written consent.
Links to Third Party Sites. Sometimes, our website may provide links to third-party sites. The links are for information and convenience. We do not control the contents of those sites and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them. You agree that MyBhutan will have no liability arising from content, use of or any other matter or event arising from or relating to any links to or use of another website.
Disclaimers and Limitation of Liability (a) CONTENTS OF OUR WEBSITE ARE PROVIDED “AS IS.” MYBHUTAN MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY CONTENT, OR ACCESSIBILITY OF THIS WEBSITE. (b) AS AN EXAMPLE, MYBHUTANDOES NOT WARRANT THAT ACCESS WILL BE AVAILABLE AT ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC OR OTHER ERRORS; OR THAT THE WEBSITE OR ANY SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL. (c) YOU AGREE THAT MYBHUTAN SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISCLOSURE OF PRIVATE INFORMATION; PROPERTY DAMAGE OR LOSS, OR INJURY OR DAMAGE OR FAILURE OR DELAY OF TRAVEL OR LOSS OF OR LOSS OF USE OF ANY PROPERTY OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICE, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY MYBHUTAN AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT MYBHUTAN IS UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE THIS WEBSITE AND/OR OUR SERVICE. (d) MYBHUTAN SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF TRAVEL, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR OTHER DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, CONTENT ON THIS WEBSITE, ANY SERVICE OR PRODUCT YOU OBTAIN THROUGH USE OF THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF MYBHUTAN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. (e) IN NO EVENT SHALL THE TOTAL LIABILIY TO YOU FOR ALL DAMAGES EXCEED $1,000 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. (f) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF OR THE GROUP OR ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, AGREE TO AND RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST MYBHUTAN AND OUR OWNERS, MEMBERS, MANAGERS, EMPLOYEES AND REPRESENTATIVES, INCLUDING ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THIS WEBSITE; SERVICES OR PRODUCTS YOU OBTAIN THROUGH USE OF THIS WEBSITE; INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THIS WEBSITE; OR USE OR EXPOSURE OR RELEASE OF INFORMATION YOU PROVIDED US THROUGH THIS WEBSITE. (g) THESE TERM OF USE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CUSTOMER.
Viruses, Hacking and Other Offences. (a) You must not misuse our website by introducing any virus, trojan horse, worm, time-bomb, logic bomb, keystroke logger, spyware, adware or other material which is malicious or harmful. You must not try to gain or actually gain unauthorized access to our website any server or other facility on which our website or its elements are stored or any server, computer, database or other facility connected to our website. You must not attack our website by a denial-of-service attack or distributed denial-of service attack or similar kind of activity. (b) We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our website or to your downloading any material posted on our website, or on any website linked to our website
Linking to Our Site. (a) You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval or endorsement by us. (b) You must not establish a link from any website not owned by you. We reserve the right to withdraw linking permission without notice. You must comply with any request by us to remove the link or delink. The website from which you link must comply with and not violate these terms of use. (c) If you wish to use material on our site other than stated in these terms, please address your inquiry to us at contact@mybhutan.com.
Content or Copyright Complaints. We seek to respect intellectual property of others. If you believe any content in our website may infringe your copyright or other rights, please email contact@mybhutan.com with the following information: (i) electronic or physical signature of person authorized to act on behalf of owner of claimed copyright; (ii) description of copyrighted work you claim is infringed; (iii) location and description in our site where the material is located that you claim is infringing; (iv) your name, address, phone number and e-mail address; (v) statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and (vi) statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Changes. We may edit, update, add to, remove and otherwise change content or functionality of our website at any times. We may suspend access to all or parts of our website. We are not obligated to take these actions. So any content on our website could be out of date at any time. We may revise these terms of use at any time. You should check this page from time to time to note any changes we made, as they are binding on you. Some provisions in these terms may be superseded by provisions or notices published elsewhere on our website.
Location. (a) We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible for complying with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the state, territory or locality where you are located. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART OF OUR SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. (b) Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country on which the U.S. has placed an embargo or other applicable restriction, including without limitation (at June 2018), Crimea – Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria; (b) by anyone in the U.S. Treasury Department’s Specially Designated national list, (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders; or (d) from or to any other place or anyone else, in violation of a restriction established by any department of the U.S. government. You represent and warrant that you are not in, or under the control of, or a national or resident of any such country or on any such list.
Engagement Terms
Governance. These terms and conditions and all correspondence form your agreement with MyBhutan. These terms, our relationship, and any matters arising under or in relation to these terms will be interpreted and construed according to the internal laws of the State of Florida, and without regard for principles of conflicts of laws.
Solving Disputes. Any dispute arising between us will be resolved exclusively by arbitration according to the Commercial Rules of Arbitration of the American Arbitration Association. The arbitration will be conducted by a single arbitrator. The arbitrator shall be a retired judge who has substantial experience in matters concerning the retail travel industry. The arbitration will take place in Sarasota County, Florida. Judgment on the award of the arbitrator may be entered in any court having jurisdiction. You and we shall each pay the costs of the arbitration. The arbitrator shall have authority to award the costs of arbitration and any reasonable attorney fees, to the prevailing party. Without in any way waiving or modifying the foregoing provision for arbitration, any litigation between us shall be brought exclusively in the appropriate federal or state courts located in or having within their territory, Sarasota County, Florida.
Time Limit for Claims. Any cause of action or claim you may have arising out of or relating to these terms of use or the website or our service must be commenced within one (1) year after the claim or cause of action accrues, otherwise, the claim or cause of action is permanently barred. The parties agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
Waiver. (a) Our failure or delay of enforcing any of these terms of use shall not be a waiver of our right later to enforce each and every term of these terms of use. Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach. (b) A failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall not waive that or any other right or remedy, nor preclude or restrict our further exercise of that or any other right or remedy.
Severance. If any provision of these terms of use, or part of a provision, is held to be invalid, illegal or unenforceable in a final binding decision as to which rights to appeal have been exhausted, that provision or part-provision shall, to the extent required, be deemed to be deleted and severed, and the validity and enforceability of the other provisions of these terms of use shall not be affected. YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.
Other Provisions. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of the remaining provisions. The headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms. These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us. Waiver of any term or condition on one occasion is not a waiver as to other occasions.
Changes. MyBhutan reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location.
Contact Us
MyBhutan welcomes your questions or comments regarding the Traveler Terms and Conditions.
Email: contact@mybhutan.com