Current Terms & Conditions: Himalayan Valley Tour
By booking or participating in a tour and any related products or services (a “Tour”) with Himalayan Valley Tour (“Himalayan Valley Tour” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
PRICES, SURCHARGES AND TAXES
We reserve the right to amend the price of unsold tours at any time and correct errors in the prices of confirmed tours. We also reserve the right to increase the price of confirmed tours solely to allow for increases which are a direct consequence of changes in:
The price of the carriage of passengers resulting from the cost of fuel or other power sources;
The level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports and the exchange rates relevant to the package.
From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator are not entitled to reduced pricing.
At the time of booking, a non-refundable deposit (as per the amount specified for the particular tour) , per person per Tour is due to the Tour Operator. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking.
For certain products or services offered by the Tour Operator, including Tailor Made, Customized, special request tours, Day Tours, an alternative deposit terms apply.
Certain products or services offered by the Tour Operator may require you to make full payment at the time of booking. The Tour Operator will advise you of any such requirements prior to confirmation of the applicable booking.
PAYMENTS BY CREDIT CARDS
In case of making the deposits or payments by credit cards, as a traveler or participant, you agree and accept full responsibility for payments and will hold Himalayan Valley Tour harmless from any amount that is charge back or disputed. All charge backs or disputed amounts must be paid back to Himalayan Valley Tour promptly.
POLICY REGARDING CANCELLATION / NO SHOW / EARLY DEPARTURE
In the event of cancellation of travel arrangements due to any reasons–we must be notified of the same in writing. Cancellation charges will be effective from the time/date we receive your intimation in writing. Cancellation fees as below apply to the land packages and/or services.
120 – 61 days prior to arrival–25% of the Tour.
60 – 31 days prior to arrival–40% of the Tour.
30 – 07 days prior to arrival–75% of the Tour.
06 days – 72 hours prior to arrival – 90% of the Tour.
Less than 72 hours or No Show–No Refund.
For any train or flight tickets involved, the refund will be applicable as per the advised cancellation policy at the time of booking.
In case of special train journey and high peak season bookings (from 20th Dec to 15th Jan) a separate cancellation policy is applicable (which would be advised as and when required).
In regard to refund of unused / unutilized services (which are paid for and cancelled in advance) the refund amount would be worked out on the basis of cancellation policy as described above and the money would be accordingly refunded to the person who has made the payment to us. Please note that the refund process may take 2 – 4 weeks due to banking procedures. If the refund is made to the credit card account OR to Bank account, the bank charges would be debited from the refund amount.
No refund or reduction will be made to any member in respect of airfare, accommodation, meals, sightseeing tours, transport or any other services which are included in the tour fare out not utilized by the tour member due to personal reasons.
DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by the Tour Operator along with final payment. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion.
Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. The Tour Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by the Tour Operator or the applicable air carrier(s).
The Tour Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. The Tour Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.
SCHEDULED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
We aim to operate all tours as advertised but as we plan the tours many months in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make an insignificant change to your tour, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of insignificant changes include alteration of your flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, minor amendments to the daily itinerary, and changes of carriers.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A change of outward departure time or overall length of your arrangements by more than 12 hours.
A significant change to your tour itinerary, missing out one or more destinations entirely.
If a Tour is cancelled by the Tour Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Tour Operator:
(a) a substitute Tour of equivalent or superior value; or
(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or
(c) a full refund of all monies paid for the cancelled Tour.
The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.
PASSPORT, VISA & IMMIGRATION REQUIREMENTS & HEALTH FORMALITIES
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
ACCEPTANCE OF RISK
You acknowledge that the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure activities, visiting foreign destinations offered by the Tour Operator.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seat belts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third-Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
THE TOUR OPERATOR IS NOT LIABLE FOR THIRD-PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third-Party Suppliers”) to provide you with some or all of the components of your booking. Third-Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third-Party Suppliers, the Tour Operator is unable to control Third-Party Suppliers, does not supervise Third-Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third-Party Suppliers are subject to the terms and conditions imposed by these Third-Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third-Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any help given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
LIMITATION OF LIABILITY
The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interposition of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.
The Tour Operator will not be liable in any way 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 Tour Operator failure to commence, perform or complete any duty owed to you 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 an 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, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19 or SARS-CoV-2, or any other cause whatsoever beyond the reasonable control of the Tour Operator or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Tour to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”.
LOCAL LAWS AND REGULATIONS
All participants in tours operated by us are expected to obey the laws and regulations of the countries visited and any failure to do so may relieve us of all obligations that we may otherwise have to you.
The Contract and these Terms are subject to the laws of Delhi, India and you submit to the exclusive jurisdiction of the courts located in Delhi, India for the resolution of any dispute under these Terms or concerning any Tour, product or service.
Himalayan Valley Tour reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to, individuals who are intoxicated and/or under the influence of drugs leading to a negative experience for the remainder of the group. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will necessarily be borne by the passenger. All unused services are non-refundable.