Terms and Conditions of Tours with Snowbird Himalaya Adventures.
1. TRAVEL SERVICES, APPLICATION, CONFIRMATION.
With the application of booking a tour- be it in writing, orally, by phone conversation, fax or mail the
customer makes a binding proposal with snowbird Himalaya adventures to conclude a travel contract.
This proposal holds true for the customer who is acting for other customers and shall be liable for all
obligations stemming from the travel contract of the other customers in whose name the booking has
The travel contract is confirmed as soon as the tour operator confirms the customer’s application for booking tour in any way, the customer will receive a written confirmation immediately following the conclusion of the contract. If the contents of the confirmation of booking deviate from the contents of the booking itself this shall lead to a new proposal on the side of Snowbird Himalaya Adventure’s which shall last for a time of 14 days. The contract is the basis of the new offer which can be accepted by the customer within the allotted time period.
The customer will receive the terms and conditions of Snowbird Himalaya Adventures and the declaration which the customer has to fill out, sign and return along with confirmation of the application. The original signed declaration should be scanned and sent by mail. Along with the signed travel contact, the customer will receive a detailed description of the tour. The service that has been contractually agreed may be found on the homepage of Snowbird Himalaya Adventures.
2. CONFIRMATION, PRICE, PAYMENT.
A booking deposit of 50 % needs to be paid by the customer, the remaining payment is due for 3 weeks prior to the start of the tour. The customer will then receive an invoice of the tour bookings that are made within less than 3 weeks prior to the start of the tour is to be paid immediately. Snowbird Himalaya Adventures does not cover any insurance policy. If the customer does not pay the outstanding bill on the invoice, the tour operator after providing a dead line warning can cancel the contract and demand compensation.
3. TOUR SCHEDULING AND PRICE INCREASES.
3. a) Changes and deviations of the booked tour.
Changes and deviations to the booked tours are only allowed if not done contrary to good faith and reasonableness. The changes and deviation to the booked tour are not allowed to be any substantial nor impede on the goal of the tour. All and any eventual warranty claims will not be affected by the change or deviation of the booked tour. Snowbird Himalaya adventures will notify the customer of any changes immediately, in the case of a major deviation of the booked tour, the customer is allowed to cancel the contract or my demand the participation of a different tour of equal value, if the tour operator can offer this. The customer will not incur any additional charges.
3.b) Price increases.
The tour operator is permitted under certain circumstance - for example increased transport cost (e.g. flight and port cost,) different exchange rate- to increase the booking price. This can only happen, if more than 4 months lie between the booking and the tour start date. Additionally, the circumstance leading to the increase must not have been foreseeable.
If transport costs, especially fuel cost, increase the tour operator can:
a) increase the price per seat for cost linked directly to each seat, i.e. fuel price.
b) In any other case split equally any additional cost that are linked to any agreed upon means of transport between the number of seats.
If the cost of port and / or airport fees increases, the tour operator can pass on the additional cost proportionally tot eh customer. If the booking price increases the tour operator is obliged to notify the customer immediately and the latest by 19 days prior to the start of the tour. After the deadline the tour operator is not allowed to increase the booking price. If the increase surpasses 5% the customer has the option to nullify the contract or to demand a tour of equal worth, if the tour operator can offer this.
3.c claims of rights.
The customer shall be obliged to claim the afore mentioned right in 4.a and 4.b immediately upon being informed of the changes in the travel services. This must be done in written form.
4. CANCELLATION FROM SIDE OF THE CUSTOMER, ALTERNATIVE, PARTICIPANTS, REBOOKING AND NON-PARTAKING OF THE TOUR OR SINGLE SERVICES.
4.a Cancellation and replacement.
The customer may cancel the travel contract at any time prior to the start of the tour. In case the contract it must be done in written form given to the tour operator. The customer also has the right, prior to the start of the tour to have another person take his/ her place as a tour participant. Snowbird Himalaya Adventures has the right in that case that another person has replaced the original person, to veto if the replacement customer does not convey to the regulation of the tour. If a third party has taken over the tour contract, then both the original customer and the replacement customer are legally bound to cover the outstanding invoice cost as well as any additional cost to snowbird Himalaya Adventures.
Snowbird Himalaya Adventures shall demand proportionate compensation for any travel preparation it has made and any accompanying expenses occurred up until the point in time at which the withdrawal was made. If the customer withdraws from the contract prior to the start of the trip, the amount of the re imbursement depends on the booking price with the deduction of the saved expenses. Snowbird Himalaya adventures will standardise and fix the cancellation fees. The cancellation fees are:
- Up to the 25 days prior to Tour starts: 25% of the Tour price.
- Up to 14 days prior to Tour starts: 50 % of the Tour price.
- Up to 10 days prior to Tour starts: 95% of the Tour price.
- In any case it is the right of the customer to prove that the Tour Operator has incurred no or lesser expenses concerning the customer’s cancellation.
4.c Non- partaking, delayer, exclusion.
If the customer is delayed or unable to show at the agreed meeting point of the tour, or cancels the tour on the day the tour begins due to reasons not agreeable to Snowbird Himalaya Adventures, or if the customer must be excluded from participating or continuing the tour then Snowbird Himalaya Adventures will claim all cost from the customer. Any additional cost that Snowbird Himalaya Adventures may incur by trying to accommodate the joining of the tour by the customer will have to reimbursed by the customer. Only the service that have not been claimed by any service providers can be reimbursed to the customer.
If the customer does not participate in all the service of the tour due to e.g. earlier return, then the tour operator is obliged to obtain reimbursement of the expenses which the service provider has saved. The obligation is not applicable if the service is insignificant or the reimbursement is not possible.
WITHDRAWAL AND CANCELLATION FROMT THE TOUR OPERATOR.
The tour operator can cancel the tour and the contract before the start of the tour or during the tour,
the tour under the following circumstances:
- a) Termination without notice period.
The tour operator is entitled to keep the full payment from the customer, if the contract is cancelled due to the customer neglecting the contractual agreement, after a warning/notice. The customer is only entitled from the tour operator to any not yet paid expenses that he/she can no longer partake in.
- b) until 12 days prior to tour begins.
6. DELAYS, EXCEPTIONAL CIRCUMSTANCES
If the tour is negatively influenced, delayed or must be cancelled due to force majeure and unforeseen difficulties Snowbird Himalaya Adventures or the customer can cancel the contract tour, if the contract is cancelled, Snowbird Himalaya Adventures is entitled to obtain financial compensation for the service that has already been provided or the services required to end the tour earlier. Snowbird Himalaya Adventures is required to meet the necessary measures in these circumstances. Especially if the contract stipulates the return transport of the customer. The customer and the tour operator will both pay half of the additional occurred cost of the return transport, any other additional cost will be carried by the customer.
7.LIABILITY OF THE TOUR OPERATOR:
7.a An overall liability
The tour operator is liable with the due care and diligence of a prudent businessman.
- 1) the orderly tour preparation.
- 2) The careful selection and supervision of the service providers.
- 3) The correctness of the description of the described tour services in the details provided to the customer. Unless the tour operator has declared a change in the tour.
- 4) The orderly execution of the contractually agreed tour services.
7.b Liability for commissioned services.
The tour operator is liable as mentioned in point 9 for any incurred fault from people commissioned by the tour operator to deliver services.
If the tour is not provided in accordance with the agreed contract of the travel then the customer can demand redress. The tour can refuse the redress if it requires a disproportionate effort. The tour operator can offer redress by offering a replacement service of equal value.
8.b Tour price reduction
If the tour is not provided in accordance with the agreed contract of travel then the customer can demand a reduction of the tour price. The reduction has to be proportional of a with of a faultless tour in comparison of the actual worth of the tour. The reduction of the tour price will only occur if the customer mentions his complaints.
8.c cancellation of the contract.
The customer can demand compensation because of non-fulfilment of the contract even if it is cancelled or a price reduction has been agreed upon, unless any defect is caused by circumstances for which the tour operator is not responsible.
9. LIMITATIONS OF LIABILITY.
9.a General limitations of liability
The contractual liability of the tour operator for damage excluding bodily injury is to be limited to triple the price of the services to be performed by Snowbird Himalaya Adventures, assuming.
1) The damage incurred by the customer was caused neither deliberately or due to gross negligence.
2) The tour operator is merely responsible for damage incurred by the customer owing directly to the
9.b Limitations of liability in case of illicit acts.
The damage claims that the customer can demand from the tour operator due to illicit acts, as long as the damage that was caused neither deliberately or due to gross negligence, is limited to the triple price for the service by Snowbird Himalaya Adventures. Hence, the customer is strongly advised to have adequate travel, accident and baggage insurance. 9.d is not affected by this if in any case the liability hereof exceeds the aforementioned limits.
9.c International limitations of liability
The claims and damage against the tour operator can be limited or are not applicable due to international regulations or laws, that can be applied to the service provider.
9.d Limitations of liability for airline carriers.
If the tour operator also operates as an airline carrier acts covers the liability of the airline carrier concerning death, bodily harm, loss and damage to luggage, if the tour operator is the service provider for other services, he will be liable according to the applicable acts and regulations.
9.e Liability for external services.
The tour operator is only responsible and liable as an intermediary concerning external services (such a slight, rental vehicles and excursions), as long as the tour operator has explicitly stated third parties. The liability for intermediary faults is restricted to the regulations in point 9.a to 9.d.
10. OBLIGATIONS AND COOPERATE.
The customer is obligated to cooperate in the occurrence of disruptions within the limits of the statutory provisions and restrictions to avoid or minimise any damage. The customer is obligated to immediately inform the local tour management of any complaints. The tour the tour operator will take remedial action, if possible. If there is no local tour management, all complaints must be addressed to Snowbird Himalaya Adventures head office. Failure of the customer to report a complaint will result in no compensations.
11. EXCLUSION AND LIMITATIONS OF CLAIMS.
Within 28 days of the ending of the tour, the customer must claim any non-fulfilled contractual service tot eh tour operator. After the aforementioned deadline the customer can assert claims if he/she was prevented from meeting the deadline due to circumstances beyond his/her control. The airline is responsible for any luggage damage, loss or delay and must be reported to the airlines immediately within the airline terms and conditions.
12. CUSTOMER LIABILITY
The customer is obligated to follow traffic laws in the tour country, the customer must be particularly aware of the speed limits, the travelling speed must be within the road conditions, to the traffic and to the group driving style, the customer is legally responsible for any accidents or damage to other group participants or to any other third part. With the signature of this signed agreement he/ she is aware that the customer carries the legal responsibility and has adequate liability insurance coverage. The liability for intentionally and gross negligence duty breaches from side of Snowbird Himalaya Adventures and its workers, especially if resulting in bodily harm, will not be affected by this.
13. MOTORCYCLE RENTALS.
The customer is liable for any losses, damages, theft or confiscation incurred from the time of handover of the motorbikes until it is returned to the tour operator.
14. DOCUMENTS, PASSPORT, VISAS, CUSTOMS AND HEALTH CERTIFICATION.
Snowbird Himalaya Adventures will inform the customer over the requirements for passport, visas, customs and health certifications for the touring country, the customer is responsible to openly declare any social circumstances pertaining to the aforementioned requirements and documents. Every customer is responsible for the compliance with all the important regulations of the visiting country, if any disadvantages are incurred due to invalid documents or disobedience of the law and regulations of the touring country Snowbird Himalaya Adventures will not cover the additional cost. The cost has to be covered by the customer.
15. CUSTOMER RESPONSIBILITIES
The customer is responsible for obtaining and having a valid motorcycle license, the traffic rules of the country of the tour has to be followed along with the legal liability and motor vehicle insurance. The customer is also responsible for having a standard motorcycle protective clothing (helmet, boot, gloves and jackets).
16. COMPLIANCE WITH INSTRUCTION.
If the customer is to act against the security instructions of the tour operator or if the other customer of the tour is endangered, hurt or violated by the action of a customer Snowbird Himalaya Adventures has the right to terminate the contract without compensation and will not cover any additional costs.
17. TOUR GUIDE (ROAD CAPTAIN).
The tour guide is also known as the road captain are not authorised by Snowbird Himalaya Adventures to give any legally binding declarations. The road captains are also not permitted to hand out any motorcycles, equipment’s or materials that belong to or are entrusted to Snowbird Himalaya Adventures.
18 TRAVEL AND MEDICAL INSURANCE.
Please be aware that there is no cancellation and medical insurance coverage included in the tour fees. Hence, it is advised that a medical, transport (medivac) and cancellation insurance is done separately.
19. INVALIDITY AND INDIVIDUAL REGULATIONS
Should any of the above provisions be or become ineffective, the other conditions shall remain valid and the validity of the travel contract as a whole shall remain unaffected.