1.Your Holiday Contract
Access Himalaya Pvt. Ltd. is an adventure holiday company, not a travel agency or travel company, trading as Access-Himalaya adventure travel, and we handle your holiday on an airport-to-airport basis (land only). Your booking (contract agreement) is made with Access Himalaya Pvt. Ltd., and the details of the terms and conditions of any such contract agreement are set out below. Please read them carefully for, when you make a booking, and we accept it, a legally binding contract is made.
2. Booking your Holiday
When you submit/tick the booking form on line, or sign a hard copy, you (and any other persons on whose behalf you may book) agree to accept all these conditions, you acknowledge that you have read the general and specific information included on our website, www.access-himalaya.com , and you warrant that the information you have entered on your booking form is complete and true. You should ensure that each booking form refers only to one home address, and that the person/s listed on the form share the same emergency contact details.
3. Holiday Payment
Upon receipt of your completed form, we will request a non-refundable deposit of 20% of the holiday cost. We shall begin our communication with you upon receipt of your booking form, but your place will not be guaranteed and the holiday agreement between us will not be legally binding until we receive your deposit. You must ensure that you forward the balance of your payment to us 42 days (6 weeks) prior to departure [payment-due date is shown on the receipt for your deposit payment]
N.B. No final invoices or reminders will be sent out. You should make your final payment by cheque (made payable to Pradip Rai OR to Gill Spilsbury) and forward it to 1 Field Terrace, Bath Road, Worcester WR5 3BN. If we do not receive payment by the date shown on your invoice, we reserve the right to cancel your booking and retain your deposit.
4. Holiday Travel Insurance
To take part in one of our holidays you must be covered by adequate insurance for the complete duration of your trip. Your insurance must include cover for; medical expenses, injury, death, cost of repatriation and evacuation via whatever means necessary including by helicopter/air ambulance. Your policy should be at the correct level of risk, according to your insurance provider’s scale of hazardous activities. In the event of an emergency, medical rescue or evacuation from a trip, either by foot, helicopter or otherwise, the responsibility for the payment of such costs will lie with you, the client.Any subsequent costs incurred for expenses such as hotels, food, transport etc shall also be borne by you. It is imperative that the client ensures adequate insurance cover is in place before departure. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check individual insurance policies, but we reserve the right to cancel your booking at any time before departure if we are not satisfied that adequate insurance is in place for you. If you join the holiday without adequate insurance you will not be allowed to continue on the holiday and there will be no right of refund. All baggage, equipment and personal effects, including bikes, are your own risk at all times. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. You are advised to check the limitations of your insurance policy in this respect.
There are several very comprehensive insurance schemes specifically designed for our type of holiday and we strongly advise you to take out such insurance when you book your Access Himalaya Pvt. Ltd. adventure holiday
It is your responsibility to provide us with details of your insurance policy: International Emergency Assistance Telephone Number, Name of Insurance Company, Name of Insured, Insurance Policy Number and copy of clause covering emergency medical evacuation. If you do not provide satisfactory evidence of adequate insurance we reserve the right to cancel your holiday.
5. Cost Changes and Surcharges
Unexpected changes in costs, including fuel, dues, taxes or fees chargeable for services such as landing taxes, and exchange rates, mean that the price of your holiday may change after you have booked.
We will absorb, and you will not be charged for, any increase equivalent to 5% of the price of your holiday, which excludes any amendment charges: you will be charged for the amount over and above that.
6. Cancellation Terms
If you need to cancel your booking, we must be notified, via e-mail, telephone or fax, with confirmation by post, through signed letter by the person who submitted/ticked the booking form, and cancellation will be effective from the date of receipt of your hard copy letter by Access Himalaya Pvt. Ltd. Your deposit will not be refunded
Should holiday cancellation be unavoidable, the following scale of charges will apply:
Period before departure within which written notice of cancellation is received. Amount of cancellation charge shown a percentage of the tour price
More than 42 days before holiday, Deposit only
Between 41 and 32 days 50%
Between 31 and 16 days 75%
Between 15 days and date of holiday 100%
It is in your interest to ensure that your holiday insurance cover is worded in such a way that these cancellation charges are covered, provided the reasons fall within the terms of your policy.
7. If We Cancel Your Holiday
In the unlikely event of cancellation of your holiday by Access Himalaya Pvt. Ltd., we will discuss with you the possibility of an acceptable alternative holiday, otherwise your initial deposit will be refunded in full, together with any other monies paid to us.
8. Transferring to Another Holiday or Changing your Booking
If, after confirming your holiday itinerary with Access Himalaya Pvt. Ltd., you wish to transfer to another holiday, or change your booking, we will do our utmost to arrange this, but it may not always be possible. Any such request must be made in writing from the person who made the booking, as soon as the decision to transfer or change has been made by you. You will be asked to pay an administration charge of £50, plus any further costs incurred in making the alterations. You should be aware that costs incurred in transferring to another holiday could increase, the closer to the departure date they are made, and you should therefore contact us as soon as possible. You cannot transfer your holiday later than 4 weeks prior to departure. Any request to transfer to another holiday received within 4 weeks of departure will be treated as a cancellation and subject to the charges shown in our Cancellation Terms above.
Because Access Himalaya Pvt. Ltd. adventure holidays are not ordinary package holidays, the day-to-day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations; the outline itineraries given on our website, in our brochure and via any other tailor-made option, are statements of intent, rather than promises. It is a necessary condition of your joining any of our holidays that you accept this flexibility, and that you also accept that we cannot be held responsible for delays or alterations, or for expenses incurred owing to international or internal flight or land transport cancellations, war, threat of war, sickness, civil strife, strikes, local regulations, quarantine, terrorist activity, political closures, disputes or any event within the definition of ‘force majeure’.
Local weather, politics, airlines, transport or a host of other uncontrollable factors can mean a change in itinerary or means of transport. It is unlikely that the itinerary would be substantially altered, but if changes are necessary the Access Himalaya Guide will decide the best alternative, after consultation with the group. Where a delay or change occurs, we will do everything we can to minimize its effects, but we cannot be held responsible for the results of delays or changes beyond our control.
The use of aircraft, buses, cars or any other services in the holiday, must be subject to the applicable local or international law agreements and to the terms and conditions of their owners or operators, which may exclude or limit liability.
10. Force Majeure
Force majeure means (without restriction) any event which Access Himalaya Pvt. Ltd. could not foresee or avoid, even with all due care. We will not pay you compensation if we have to cancel or change your holiday arrangements in any way because of war, riots, industrial disputes, terrorist activities, natural or nuclear disasters, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure. However, should force majeure cause us to cancel your holiday, in advance, we will offer you an alternative holiday option, or a full refund.
11. Your Commitments and Responsibilities
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. Access Himalaya Pvt. Ltd., along with our Guides, trekking staff and/or anyone else working in association with us, cannot be held responsible for any accident or mishap that may occur in connection with any of the holiday activities.
You must tell us if you have an existing medical condition or disability that might affect your holiday, before you book the holiday. If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered, and in this eventuality we will give a full refund but no compensation.
In the case of pre-existing medical condition/s, deemed acceptable to us as holiday providers, any medication and equipment associated with the condition/s, are your responsibility for the duration of the holiday, including provision of suitable containers or receptacles to ensure the viability of that medication and equipment, and including administration of any medication.
12. Personal Travel Arrangements
It is your responsibility to get yourself to and from the start of your holiday with Access Himalaya Pvt. Ltd. We are unable to take any responsibility if you fail to start your holiday with us as per your agreed itinerary, and we make no compensation if you miss the start or the end of this. If you arrive earlier, or remain later than the dates agreed, any extra charges will be subject to a separate invoice. Our responsibility to you begins and ends on the days specified in your agreed itinerary.
13. Passport and Visa Requirements
Your specific passport and visa requirements are your responsibility and you should confirm these with the relevant Embassies or Consulates. We do not accept any responsibility if you cannot start your holiday with us because you have not complied with any of the above requirements.
14. Allergies and Dietary Requirements
At the time of submitting the booking form, you must notify Access Himalaya Pvt. Ltd. of any food and other allergies or special dietary requirements you may have. Furthermore, it is your responsibility to notify your Access Himalaya Guide and Cook of the situation, and also to personally ensure that the food prepared is suitable for you. Access Himalaya Pvt. Ltd., our trekking staff, and/or anyone else working in association with us, cannot guarantee compliance with any dietary requirements or allergies, and the ultimate responsibility for such compliance is your own.
15. Health Requirements
We are not medical experts, and it is your responsibility to ensure that you obtain proper and detailed medical advice before joining an Access Himalaya Pvt. Ltd. holiday. Where you do not do so and subsequently suffer personal injury or death, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your holiday arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries, should check requirements with their general practitioner.
16. Data Protection Policy
To ensure that your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data. However, we may need to pass some of it to customs authorities, airlines, hotels and transport companies, and any other associates, as appropriate. As your holiday is outside the European Economic Area (EEA) controls on data protection in your destination may not be as strict as you might expect. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your travel requirements/arrangements. When you make this booking you consent to this information being passed to the relevant people.
17. Promotional Images
Any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as brochures, slides, video shows and the internet.
18. Your Contractual Agreement with Access Himalaya Pvt. Ltd.
Submitting/ticking our booking form signifies your agreement to abide by the authority of the Access Himalaya Guide during your holiday with us. The decision of the Guide as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the Guide, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the Guide considers your general well-being will be put at risk by continuing with the holiday, you may be asked to leave the tour without the right to any refund for unused services.
By clicking on 'continue button' on our online booking below or by signing the booking form you are agreeing to the Terms and Conditions above, imposed by Access Himalaya Pvt. Ltd.
It is in the nature of a trekking/adventure holiday that arrangements and participants have to be flexible. This is ADVENTURE travel, within under-developed countries, and mostly in remote areas, where the lifestyle is very different and events are much less predictable than is usually the case in, for example, Western Europe or North America. The unexpected is the norm and, despite painstaking planning and organisation, our adventure holidays can never be taken for granted like regular holidays. The areas that we visit do not have the same health, safety and operational standards that we are used to in the developed world. Internal flights can be cancelled, road transport is generally uncomfortable and unreliable, and hotels often do not approach the standards of the West. However good our organization may be, we are at the mercy of the unexpected, and this type of trip can never be entirely cut-and-dried. IF YOU ARE NOT PREPARED FOR THIS, YOU SHOULD NOT TRAVEL WITH US Because these are not ordinary package holidays, the day-to-day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations; the outline itineraries given on our Access Himalaya Pvt. Ltd. website and in our brochure are statements of intent rather than promises. Local weather, politics, airlines, road transport or a host of other uncontrollable factors can mean a change in itinerary or means of transport. It is unlikely that the itinerary would be substantially altered, but if changes become necessary the Guide will decide the best, least disruptive alternative, after consultation with the group. Where a delay or change occurs, we will do everything we can to minimize its effects, but we cannot be held responsible for the results of delays or changes beyond our control.