PARTICIPATION
AGREEMENT:
"Mountaineering,
remote trekking, Traveling in mountains and
skiing carry an inherent risk of injury and
death, which cannot be eliminated. You must
accept that although we do our utmost to reduce
any risks to an acceptable level, there are
chances of accidents happening." |
Booking
Conditions:
1) All bookings are made with HIMADVENTURES
INTERNATIONAL TOURS & TRADES, Registered
Company In CANADA and franchise in INDIA
and NEPAL. (hereinafter referred to as The
Company).
2) The term "expedition" used
in these booking conditions refers to all
itineraries described in this website, save
those specifically entitled "extensions"
and which might otherwise be known as tours,
treks, trips or holidays.
3) All international flights are on scheduled
national carriers. At the time of going
to print, we are unable to name the airline
or the type of aircraft. Flight details
will be sent to you within one month of
departure.
4) To book a place, complete the on-line
Booking Form and send it to The Company
with your deposit of 30% advance per person,
per expedition together with the premium
for your insurance if required. Unless the
expedition is full, you will receive confirmation
of booking and Expedition Dossier. The following
expeditions require a higher deposit: ALL
LADAKH and ZANSKAR REGION, ALL MOUNTAINEERING
EXPEDITIONS,
5) Extensions to our expedition itineraries
can be purchased separately. The arrangements
for extensions are made on an individual
basis once a booking is made. Extensions
are subject to a separate deposit of full
advance. Confirmation of receipt by The
Company of your extension deposit will not
be confirmation of your extension as it
will not be possible at that time for the
Company to confirm that the booked extension
will be available or that it will be identical
to that shown in our marketing material.
We will confirm all of the arrangements
to you before you pay your final balance.
Should the confirmed extension itinerary
be significantly different to the published
one then you will be free to cancel the
extension only and a refund will be made.
This will not affect your booking of the
main expedition itinerary, which will be
held as a separate contract, nor the cancellation
terms pertaining to it.
6) The final balance for your expedition
booking and for any booked extension before
the expedition- we usualy prefer at takeover
point whatever is first. This could be any
mountain city or Delhi. If the balance is
not received by the specified date, we reserve
the right to cancel your booking and your
deposit will be forfeited, unless a Director
of The Company has agreed a delay in your
payment.
7) You may pay your deposit and final balance
using any lawful means. The total amount
received by us must be no less than the
full amount shown on your invoice. If sending
money by electronic (bank) transfer then
you must pay the remitter’s (your)
fees and the beneficiaries (our) fees. We
prefer UK residents to pay their final balances
by cheque or debit card, which attract no
surcharges. If you pay your final balance
by credit card, then we will add a surcharge
of 3% to reflect the costs imposed on us
(this surcharge will not apply to the payment
of deposits, nor to overseas residents.)
We prefer to receive cheques in UK Sterling
only, as the costs and delays involved in
negotiating cheques of other currencies
are prohibitive.
8) Notice of cancellation must be given
in writing. Should you cancel, the following
scale of charges will apply:
60 days or more before the expedition starts
- loss of deposit.
30 days or more but less than 60 days before
the expedition starts - 30% of total trip
cost.
10 days or more but less than 30 days before
the expedition starts - 60% of total trip
cost.
Less than 10 days before the expedition
starts - 100% of total trip cost.
Similar
terms are adopted throughout the travel
industry and cover the costs of advance
payments made by The Company. Cancellation
charges may be covered, in part, by your
travel insurance provided the reason for
cancellation falls within the terms of the
policy.
9) Whilst every effort will be made to adhere
to the planned itinerary, it must be realised
that with this type of adventurous activity
changes to the programme will occur from
time to time. The Company accepts neither
responsibility nor liability, for any ensuing
costs, or the consequences of any such change,
however caused.
10) Circumstances may arise where we are
forced to alter dates, expedition duration,
flight schedules, trekking routes, or hotel
accommodation before an expedition starts.
We will try to inform you of any such changes
as soon as we know of them.
11) On assessing the conditions expected
to be encountered in the mountains or the
abilities of the Team Members, your Expedition
Leader may decide to change any aspect of
the trip, if he or she believes that to
continue with the itinerary or activities,
or any latterly agreed alternatives, would
place anyone at undue risk.
12) Your Expedition Leader will do his or
her utmost to ensure that any problems are
solved for the benefit of the Team as a
whole. Signing the booking form signifies
your acceptance of the Expedition Leader’s
authority to make decisions affecting the
group or individuals. For instance, the
Expedition Leader may require an individual
or individuals to leave the expedition if
he or she believes that a person, or a person’s
health, is at risk, if an illegal act is
committed, or behaviour may become, or has
been, detrimental to the safety, enjoyment
or well-being of the group.
13) A client leaving an expedition at any
stage, for whatever reason, will not be
entitled to any refund unless agreed by
a Director of The Company.
14) Team sizes may be increased or decreased
at the discretion of The Company. We give
no undertaking as to the minimum size of
a team. Similarly, leaders named in expedition
descriptions may also be changed.
15) We reserve the right to cancel any expedition
which does not have sufficient people taking
part to make it financially viable. By the
same token, we will endeavour to ensure
that an expedition runs if at all possible.
If an expedition is likely to be cancelled
under such circumstances, we undertake to
inform you as soon as possible, but this
may occur after final balances are due
16) Anyone booked onto an expedition cancelled
by The Company will be entitled to a full
refund. Anyone on such an expedition will
be invited to transfer to another expedition
and no transfer fee will be payable. Should
you transfer to another expedition any difference
in price will be invoiced or credited accordingly.
17) Most of our expeditions (including treks)
involve going to high-altitude and carry
an inherent risk of altitude illness. Similarly,
most of our trips visit remote locations
or poorly developed regions where infrastructure
is limited. In such places, the risks to
health are increased and the ability to
treat injury or illness effectively is reduced.
Additionally, climbing and mountaineering,
which includes treks that cross glaciated
terrain or snow-bound passes, are hazardous
activities with a risk of serious injury
or death. By signing these booking conditions
you acknowledge these hazards and your acceptance
of the associated risks.
18) Most expeditions have days in the itinerary
that are included to provide flexibility
in case of bad weather, or some other untoward
event, and thereby increase the chances
of your principle objective being achieved
and for the expedition to be successful.
If these days are not needed in order to
achieve the aims of the expedition and the
team decides to return from the mountains
early, any additional costs incurred by
you and associated with extra hotel nights,
or services that would not otherwise have
been provided nor were given in the published
itinerary, must be met by you at the time.
19) Neither The Company nor any of its representatives
will be responsible for any illness, injury
or death sustained on our expeditions, nor
will they be liable for any uninsured loss
of personal property.
20) The Company cannot be made liable for
the consequences of strikes, industrial
action, wars, riots, sickness, quarantine,
government intervention, weather conditions,
or other untoward occurrences, whatever
they may be.
21) In the event of civil unrest in a particular
region, we undertake to inform our clients
of the situation as soon as we have knowledge
of it.
22 ) For all expeditions, you are advised
to have insurance that covers you for all
of the activities to be undertaken, including
appropriate insurance for the hazardous
pursuits to be undertaken with cover for
search, helicopter rescue and medical repatriation.
23 ) Having made every effort to ensure
the correctness of this website and all
subdomains, we cannot be held responsible
for any inaccuracies.
24 ) Prices & quotes in this website
are based on costs and exchange rates as
at 01/Oct/2006. We will do what we can to
mitigate against any rise in our operating
costs and strive to keep prices fixed. In
the unlikely event that surcharges become
necessary, the following conditions will
apply:
a. Surcharges arising directly from a change
in the world price of oil and levied by
airlines, or agents acting for the Company,
will be passed on and you will be invoiced
accordingly.
b. If surcharges become necessary for reasons
other than as a direct consequence of a
change in the world price of oil, you may
cancel your booking without penalty if the
surcharge amounts to more than 10% of the
cost of the Expedition.
25
) The Company’s agents and representatives,
other than a Director of The Company, are
not entitled to promise refunds for whatever
reason, and The Company will not be bound
by any such promises.
26)
These booking conditions may only be waived
in special circumstances, and in writing,
by a letter from a Director of The Company.
27)
The terms and conditions of all agreements
made with The Company shall be subject to,
and governed by, Indian law.
28)
When making your booking it is implied and
accepted that you have read and understood
all these booking conditions and agree to
abide by them.
|
PASSPORTS AND VISAS
You
must be in possession of a valid passport and
all visas, permits and certificates including
vaccination certificates, required for the whole
of the journey and You accept full responsibility
for making all necessary arrangements in this
regard. If You fail to do so, www.himadventures.net
has no liability to You for any cost, loss or
damage which You may suffer, nor will the www.himadventures.net
refund You the cost of any unused portion of Your
travel arrangements. You should check with the
appropriate embassy for the exact requirements
for Your chosen tour and dates of travel. Any
information or assistance that the www.himadventures.net
may give You is in good faith, but without any
responsibility on the part of the Company.
CLAIMS
AND COMPLAINTS
Where
You have a complaint about any aspect of the holiday,
You should inform the group leader or representative
as soon as possible of the nature of the complaint
so that the leader or representative has the opportunity
to resolve the matter immediately. In the unlikely
event that the complaint is still unresolved at
the end of the trip, You must inform the Company
of the complaint in writing within 30 days of
returning from the trip. The Company will not
accept any responsibility whatsoever for any complaints
if You fail to notify the leader or representative
during the trip. The Company expects to resolve
all disputes amicably. However, if the Company
are unable to reach a satisfactory conclusion
with You, You may refer the dispute to mediation
or arbitration.
LIMITATION
OF LIABILITY
i)
www.himadventures.net
will do its utmost to make sure that Your trip
arrangements are satisfactory and in accordance
with the published descriptions. Where any part
of the trip booked with the Company is not supplied
as described and is not of a reasonable standard,
the Company will accept liability and will pay
You reasonable compensation. Any claim for compensation
will be restricted to a maximum compensation payment
of 1.5 times the cost of the trip, and is subject
to terms below. You must take account of the reality
of travel and circumstances in region you are
in. That services and conditions cannot be expected
to be of the same standard as in your country,
and the term ‘reasonable standard’
must be interpreted accordingly.
ii)
The Company will not pay compensation in the following
circumstances:-
a)
where the failures which occur in the performance
of the contract are attributable to You; or
b)
such failures are attributable to a third party
unconnected with the provision of the services
contracted for, and are unforeseeable or unavoidable;
or
c)
such failures are due to unusual or unforeseeable
circumstances or events beyond the control of
the Company, its agents or suppliers, the consequences
of which could not have been avoided even if all
due care had been exercised.
iii)
In addition to the limit on compensation at 1.5
times the costs of the trip, our acceptance of
liability above is limited further where the claim
relates to the provision of transport by air,
sea, rail or hotel accommodation in accordance
with the provisions of law of India.
INDEPENDENT
ARRANGEMENTS
Where
You make independent arrangements outside the
scope of the tour, this is done entirely at Your
own risk. If You make additional travel arrangements
while on holiday through the Company, its agents
or suppliers, no liability is accepted by the
Company whatsoever in carrying out such booking.
In such circumstances, the Company acts as booking
agent only, and all liability concessions set
out in clause 16 above are excluded. Your rights
will lie solely against the organisations supplying
the independent arrangements.
DATA
PROTECTION
The
Company takes its obligations seriously under
lawof the land, and employ suitable security measures
to protect the information the Company holds about
You. When booking a trip with us, however, You
authorise us to pass on information about You
to our agents and suppliers, and the Company cannot
be held responsible for any acts or omissions
of our agents and or suppliers in relation to
such information.
Best efforts have been made
to provide true, authentic and current information
on this website but www.himadventures.net and
people asociated with it takes no responsibility
whatsoever for the contents and accuracy of the
information listed in this site and opinions and
recommendations offered and rejects any liability
due to direct or indirect use of the information
featured on its site.
Data and pictures displayed at www.himadventures.net
is contribution of several visitors. www.himadventures.net
does not take responsibilty and credit for any
material or graphic displayed. If you have any
complaint/suggestion rearding any text/graphic
to be added or removed -please write ASAP to
info@himadventures.net
www.himadventures.net reserves the right to refuse
or remove any advertisement without prior notice
if they are found to contain or link to any adult
or illegal information or violate any International
or Indian laws.
Prizes, for contests held on this site, sponsored
by individuals and companies & no guarantee/assurance
by www.himadventures.net for the services or product.
For hotel reservations and bookings made through
this site, www.himadventures.net takes no responsibility
for the services provided by the hotel or company
and will not be liable in any way for injuries,
damages etc.
All Adventure related activities are prone to
provide a 'open door' for injury and may cause
death also. Great care & experience had been
put in providing safety and security of our clients
( www.himadventures.net belongs to certified people
) -although no such incidence of injury or death
had happened so far BUT through this disclaimer
www.himadventures.net or people associaed with
it's website and field operations shall not be
responsible in full or part for any injust or
death caused by human /natural factor.
All clients are requested to fill up a form indicating
their age and free will to undertake adventure
activity.
All
legal matters are subject to Chandigarh jurisdiction
If
there are questions and quarries: info@himadventures.net |
