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These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. These terms shall constitute the entire agreement between Northern Himalayas 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 contract and booking is made with, and services will be provided by, Northern Himalayas. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
THE CONTRACT
All persons wishing to make a booking have carefully read and understood the terms and conditions that follow. By making a booking with Northern himalayas 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 Northern himalayas sends a confirmation invoice or email. It is at this point that a contract between Northern himalayas and the Client comes into existence. Before your booking is confirmed and a contract comes into force, Northern himalayas reserves the right to increase or decrease brochure/online prices. Northern himalayas 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”. These Terms and Conditions shall constitute the entire agreement between Northern himalayas 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.
MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
All Clients are obligated to review and acknowledge the Medical condition, as it relates to their trip. Client must note that the nature of trips conducted by Northern himalayas may be highly adventurous due to unforeseen climatic conditions and terrain. Any questions in relation to the Client’s physical or mental suitability for a trip must be reviewed by their personal medical practitioner for approval. Northern himalayas cannot offer any advice of a medical nature. Those Clients with pre-existing medical conditions are strictly advised to not make reservations in Northern himalayas, and if all they do, it is at clients own risk.
If required the Client must complete the medical form honestly, accurately and disclose all medical history and information, if required. Northern himalayas will review the information submitted, and keep the information confidential.
Northern himalayas reserves the right to challenge any information submitted, ask for further information or clarity on certain points. In the event there is a dispute between Northern himalayas and the Client in regard to the Client’s’ physical or mental suitability for a trip, the matter will be referred to a medical professional at the Client’s expense. Northern himalayas reserves the right to deny any Client on reasonable medical grounds.
The Client must notify Northern himalayas 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 Northern himalayas may result in the Client being refused to travel. Failure to notify Northern himalayas 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 responsibility to check prior to booking. Northern himalayas may refuse to take pregnant women on trips over 20 weeks or Clients with certain conditions if a written health certificate from the gynaecologist stating that the client is fit to travel inspite of the pregnancy is provided prior to the trip. Northern himalayas is not required to provide any special facilities unless it has agreed to do so in writing. Northern himalayas will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore Northern himalayas is not liable for not providing these requests. Medical facilities vary from district and states and Northern himalayas makes no representations and gives no warranties in relation to the standard of such treatment.
TRAVELLING WITH CHILDREN
Children policy varies with the nature of trip Northern himalayas is organzising. Trips conducted by Northern himalayas is usually of adventure in nature. For reasons of safety, it is not suitable for children below 10 years to travel. Therefore, we do not encourage children reservations for families travelling with children below 10 years. If the adult accompanying a child is not the child parent, a “Parental Consent Guardianship Form” (or other documents provided as requested by Northern himalayas must be signed by the parent or legal guardian and received by Northern himalayas 15 days before reservation is confirmed. Notifying and asking for the form is the responsibility of the Client.
IDENTIFICATION PROOF
The Client is required to carry a valid government approved photo ID Indian National- Pan Card, Aadhar Card, Voters ID card, Driving License Foreign National- Passport and Visa and produce it at the time of check in. Northern Himalayas may even ask to send the documentation via email to conduct smooth check-ins in the hotel and for pre arrangements of travel.
CANCELLATION OF A TOUR
Northern Himalayas reserves the right to cancel any trip for any reason, but will not cancel a tour before departure, except for Force Majeure, unusual or unforeseen circumstances outside Northern Himalayas control. Northern Himalayas is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
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.
PRICES, SURCHARGES AND TAXES
The price of the tours published may go up or down from the time of publication. Northern Himalayas recommends that the Client finds out the most up to date price of their tours including the costs of any other service provided by Northern Himalayas at the time of making their booking. After a Confirmation Invoice has been issued any increase to the tour price will be as the result of changes in an increase in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports, railway and bus stations and airport charges, including any currency fluctuations.The prices in this brochure and website are based on rates and costs in effect at time of printing the brochure or posting to the website. Northern Himalayas reserves the right to alter prices at any time prior to tour been paid in full.
FLEXIBILITY
The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by Northern Himalayas. 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.
CHANGES
While Northern Himalayas will endeavour to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by Northern Himalayas. If Northern Himalayas makes a major change Northern Himalayas will inform the Client as soon as reasonably possible if there is sufficient time before departure. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Northern Himalayas and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where Northern Himalayas has to make a major change to the Client holiday before departure in these circumstances Northern Himalayas will notify the Client as quickly as possible so that the Client can take the decision:• whether to withdraw from the contract without penalty; or • to accept the change and proceed with the travel.
ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve significant amount of personal risk. The Client hereby assumes all such risk and does hereby release Northern Himalayas from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:
“I understand travelling/stay with Northern Himalayas may involve risks above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard that I am used to at home or would find on conventional holiday. I have read and understood Northern Himalayas terms and condition for this trip. I am not having any pre-existing medical condition and I am physically fit. I accept these risks, obligations and responsibility for any risks involved, and shall not hold Northern Himalayas liable for any kind of outcome including death.
I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand Northern Himalayas makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand Northern Himalayas is in no way responsible for my safety, should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and shall not hold Northern Himalayas liable for any outcome including death.
Northern Himalayas not is liable for independent contractors. The hill station carries onboard service providers who operate as independent contractors. Their services and products are charged as extras. Northern Himalayas is not responsible for their performance or products. These contractors may include doctor, medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires, art or other auctioneers, shopkeepers, taxi operators and any third party providing services. These contractors work directly for the Client when performing their services. Northern Himalayas is not responsible for any such person acts or omissions in providing goods or services to the Client.
Neither Northern Himalayas nor the Carrier owns or controls any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise their activities. Any Guest using such services or activities shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to the guest or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. Neither Northern Himalayas nor the Carrier shall be or become liable or responsible in any way for any act or omission of any such provider pertaining to, or arising from or in connection with such services or activities.
AUTHORITY ON TOUR
At all times the decision of Northern Himalayas or representative will be final on all matters likely to endanger the safety and well being of the tour. By booking with Northern Himalayas, the Client agrees to abide by the authority of the tour leader/captain or Northern Himalayas representative. The Client must at all times strictly comply with the laws, customs and drug regulations of the country. If the Client is affected by any condition, medical or otherwise, that might affect other people enjoyment of the tour, the Client must advise Northern Himalayas 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 behaviour is causing or is likely to cause danger, distress or annoyance to others, Northern Himalayas may terminate that Client’s travel arrangements without any liability on Northern Himalayas 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.
FACTORS OUTSIDE CONTROL (FORCE MAJEURE)
Northern Himalayas 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 Northern Himalayas 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 Nature, 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 Northern Himalayas the consequences of which could not have been avoided even if all due care had been exercised; or an event which Northern Himalayas or the supplier of services, even with all due care, could not foresee.
CLIENT RESPONSIBILITY
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 Northern Himalayas, 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.
LIABILITY
Northern Himalayas is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services, unusual and unforeseeable circumstances beyond the control of Northern Himalayas and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which Northern Himalayas and/or the relevant supplier could not even with all due care have foreseen or forestalled. Northern Himalayas shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the conventions referred to above, any liability Northern Himalayas may incur for the negligent acts and/ or omissions of its suppliers shall be limited to a maximum of the price which the Client is paying for his stay. The Client is precluded from making a double recovery by making the same claims and seeking recovery against Northern Himalayas and its suppliers, contractors or other third parties.
SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon Northern Himalayas and the Client and their respective heirs, legal personal representatives, successors and assigns.
ENVIRONMENT POLICY
At Northern Himalayas we take in consideration the potential negative effects on the environment that the activities of our humans can cause, very seriously. In line with this we will continually strive to improve our environmental practices in a range of areas including energy, water & waste recycle. We will also continue to develop a number of ecotourism experiences for our customers to enjoy. We expect you to respect and meet up the environmental standards and help us maintain the prestige of the environment. Any deviation shall lead to immediate termination of the stay/contract.
PRIVACY POLICY
Northern Himalayas will provide personal information, as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the operation of the services requested. Northern Himalayas will do all reasonably possible in endeavouring to protect personal information.
REFUSAL OF SERVICE
At any time before or during the booking process, Northern Himalayas retains the right to refuse service to any Client, for any reason whatsoever, outside of any discrimination or protected class reasons.
UPDATING OF TERMS AND CONDITIONS
Northern Himalayas reserves the right to update and/or alter these terms and conditions at anytime, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on Northern Himalayas website.
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