Terms and conditions
These Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Himalayan diaries and you for the services provided by Himalayan Diaries and set out the basis of your legal relationship with Himalayan diaries.
By booking with us you acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions. Acceptance of your booking will be confirmed in writing or by confirmation email sent by us to you and a contract comes into existence on the date shown on your confirmation letter or email.
Himalayan Diaries operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home.
By booking with us you acknowledge that participation in Himalayan Diaries trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort.
EXCLUSION OF LIABILITY
Where Himalayan Diaries provides services it will do so with due care and skill. Himalayan Diaries is not responsible for the acts and omissions of others, including tour guides, accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others.
Himalayan Diaries will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Himalayan Diaries trip itinerary (including pre- and post-accommodation) are entirely at your own risk, and Himalayan Diaries cannot and does not give you any assurance, representation or warranty in connection with any such arrangements.
To the fullest extent permitted by law and subject to any exception set out below, Himalayan Diaries does not accept liability for any loss, death, injury or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a tour/trek, or in respect of a failure or omission on the part of Himalayan Diaries to comply with its obligations under this contract, or in respect of any other conduct that Himalayan Diaries undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Himalayan Diaries and its employees and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Himalayan Diaries or its Representatives as a result of your participation in any Tour/Trek.
AUTHORITY OF THE TOUR/TREK LEADER
At all times the decision of the Tour/Trek leader or representative will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a trek/tour Leader, or interfere with the well-being of the group, then the Trek/Tour Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right to refund.
Participants, whether in Trek or Tour, shall not be insured by Himalayan Diaries, unless mentioned specifically.
HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS
It is your responsibility to advise Himalayan Diaries of any pre-existing medical/fitness condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour/trek and the enjoyment of other trip members. If requested by Himalayan Diaries, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner.
Himalayan Diaries also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip member. The decision for any person under 15 years of age to travel on our scheduled itineraries is at the absolute discretion of the parents, school or institution concerned.
CHANGES TO YOUR PLAN
You acknowledge that travelling with Himalayan Diaries requires a degree of flexibility and understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Himalayan Diaries’ control or which simply cannot be foreseen. Himalayan Diaries does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Himalayan Diaries’ control. You acknowledge that group sizes may also vary during the duration of your tour.
PRICES AND VALIDITY
Payments shall be paid at the start of the tour/trek. If the payment is not made then the registration shall be deemed to be cancelled; cancellation charges as per cancellation rules will be applicable.
1.) Any incidental / additional expenses incurred during the tour shall be borne by the participant(s).
2.) Please note that a levy of up to 2.35% may be applied to all purchases made by credit card.
CANCELLATION BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Himalayan Diaries in writing/email. The date of the cancellation is the date on which Himalayan Diaries receives notification by email or in writing. Days before departure charge applicable as follows, per person:
|Up to 24 Days||Between 13-23 Day||Between 8-12 Days||Less than 7 Days|
|95% of Trek/Tour cost will be refunded||70% of Trek/Tour cost will be refunded||50% of Trek/Tour cost will be refunded||No refund|
Himalayan Diaries reserves the right to cancel a departure and will advise you of such cancellations no later than 7 days before the tour departure date. If due to Force majeure’ Himalayan Diaries reserves the right to cancel a departure at any time. With any form of cancellation, Himalayan Diaries will offer you alternative Treks/tours, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Himalayan Diaries. Himalayan Diaries will not be liable for any additional costs incurred by you.
Himalayan Diaries will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. Force Majeure’means a circumstance beyond the reasonable control of Himalayan Diaries and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
This Agreement is made under and shall be construed according to the laws of India. In the event that this agreement is breached; any and all disputes must be settled in a court of competent jurisdiction in Shimla, Himachal Pradesh, India.