OUR TERMS AND CONDITIONS

THE CONTRACT

All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease brochure prices. The Company or their agents reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with the Company, which sells the tours described in this brochure and or through its “Agents” who sell the Company’s tours through an agreement with the Company. Himalayan Eco Tours Independent Trip is defined as booking anything included in the Independent and Tailor Made brochure. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
Conditions of Carriage : All persons wishing to make a booking including any carriage by sea have carefully read and understand these Terms and Conditions, and the Conditions of Carriage. Carriage by road is subject to the Company’s conditions of carriage that are available on request and are expressly incorporated into this contract.

MEDICAL FORM

All Clients are obligated to review and acknowledge the Medical Information form, as it relates to their trip. Clients are asked to review the form, and be familiar with it. Any questions in relation to the Clients physical or mental suitability for a trip must be reviewed by their medical practitioner for approval.
The Company cannot offer advise of a medical nature. Those Clients with pre-existing medical conditions as defined on the Medical Form must return a signed form to the Company with final payment as specified in Section 7. All Clients on Expedition travel must return a signed Medical Form to the Company with final payment as specified in Section 7.
The Client acknowledges and understands the destinations visited on Expedition travel are remote, isolated, and far removed from medical care facilities. Further, the client understands the honest completion of this form will assist all concerned in an emergency situation. The Client must complete the medical form honestly, accurately and disclose all medical history and information.
The Company will review the information submitted, and keep the information in accordance with the published Privacy Policy. The Company reserve the right to challenge any information submitted, ask for further information or clarity on certain points. In the event there is a dispute between the Company and the Client in regard to the Clients’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Clients expense. The Company reserves the right to deny any Client on reasonable medical grounds. In the event the Client has made a booking with the Company and subsequently is unable to complete the required medical form for any reason by the final payment schedule specified in Section 7, the Company reserves the right to treat the booking as cancelled, and applicable cancellation fees apply.

MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS

The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that results in cancellation will have full cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women over 24 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment

Traveling with Children

Clients aged 18 at date of first travel are viewed as adults. An adult over the age of 18 can accompany maximum of 2 children under the age of 18. The ratio of adults to children traveling together should not be more than one adult per two children and two adults per four children (17 and under). The minimum age for Clients traveling on tours is 12 (for Family designated tours, the minimum age is 5). All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travelers under the age of 18 on tours. If the adult accompanying a child is not the child’s parent or parents are divorced, then a "Parental Consent Guardianship Form" must be signed (or other documents provided as requested by the Company) by the parent or legal guardian and received by the Company prior to departure.
Traveling with Children on Expedition Trips : The Company is unable to accommodate children under-10 years of age and reserves the right to restrict the number of those under 18 years of age to start the trip. An adult over the age of 18 must accompany every two children under the age of 17. The ratio of adults to children traveling together must be one adult per two children and two adults per four children (17 and under). If the adult accompanying a child is not the child’s parent, a "Parental Consent Guardianship Form" (or other documents provided as requested by the Company) must be signed by the parent or legal guardian and received by the Company prior to departure.

CURRENCY

The Company sells in INR (Indian Rupee) currency. The Company reserves the right, however, to apply the currency of their choice to the booking.

QUOTE FEES AND ADMINISTRATIVE FEES

Quotes provided for the Independent and Tailor Made product line are subject to a non-refundable administrative Quote Fee as per agreement. Should the booking be confirmed, this amount will be deducted off the final payment amount. Some quotes may be exempt from the Quote Fee, and if this is the case, will be outlined at time of quote.

DEPOSITS

Tours and Independent Tours: At time of booking full payment per tour is due. If booking is made 60 days or less prior to departure, full payment is due. The partial refundable deposit and medical form, if applicable, should be sent to the Company or its Agent.
Credit Card Charges : The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the tour cost. Also payments through credit card implies charges of 3.5%.

CANCELLATION OF A TOUR BY THE CLIENT

Any cancellation by a Client must be made in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable. Cancellation for Corporate Tours and Independent Tours: The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance. Cancellation 60 days or more before departure: 10% deduction by the company Cancellation 59-30 days before departure: 30% of cost of services booked, Cancellation less than 30 days before departure: 50% of cost of services booked, Cancellation less than 15 days before departure: 100% of cost of services booked. Tailor Made trips may vary in cancellation policy from that detailed in this clause, and will be detailed at time of booking. In not detailed same conditions apply.

UNUSED SERVICES

There will be no discounts or money refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.

VALIDITY

The prices in email, documents, brochure and website are based on rates and costs in effect at time of printing the brochure, typing or posting to the website. The Company reserves the right to alter prices at any time prior to tour been paid in full. The land price of the trip is guaranteed when paid in full. All dates, itineraries and prices are indicative only.

FLEXIBILIT

The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

AUTHORITY ON TOUR

At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise the Company at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.

TRAVEL DOCUMENTS

Valid Passport : The Client must be in possession of a valid passport required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Documents : To expedite the issuing of travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on the website http://www.himalayanecotours.com/ once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
Trip Details : It is the Clients responsibility to visit the website at least 72 hours prior to departure to ensure the most current Trip Details is in their possession as minor changes may have been made since the tour documents were originally provided by the Company. .

FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)

The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company's failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.