Terms & Conditions
We wish to advise that potential visitors to our website please read the Terms and Conditions before making any payment for necessary bookings; please click ‘I agree to the Terms and Conditions’ before proceeding to make any kind of bookings and subsequent payments.
ALL BOOKINGS ARE BASED ON THE FOLLOWING TERMS AND CONDITIONS
That all bookings are made with RUPAKOT HOLIDAYS, a Nepal based Tour/Adventure operator with our address at:
P.O. Box 25385, Gairidhara Street – 1 – Kathmandu, Nepal
Telephone: 977-01-4440671, 4440672
Email Enquiries: firstname.lastname@example.org
1. It is an absolute fundamental condition that you acknowledge that this is an adventure vacation in some of the most rugged territory on earth. This requires some flexibility. The day to day itineraries we offer you must be taken as a guideline only. We cannot be held responsible for any delays caused by International or domestic flight, strikes, Government regulations, weather or natural calamities, riots, arson, public vandalism, seismic occurrences or any act of God etc. In such cases, Rupakot Holidays, ‘the company’ shall be responsible for providing suitable alternatives which could be decided upon mutual agreement. If an agreement cannot be made, Rupakot Holidays shall only be responsible for refunds after deducting remittance charges and expenses already incurred.
2. OUR OBLIGATIONS TO YOU
If the deal we make with you is not carried out in a proper manner as agreed by us or our suppliers we will pay you appropriate compensation. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party not linked with the provision of the travel arrangements and where the failure has been unpredictable or unavoidable; or due to unforeseeable circumstances beyond our control, the consequences of which could not have been avoided despite all the due care taken; or an event which we or our suppliers, with all the best arrangements made, could not foresee or forestall.
Our accountability, except in cases involving death, injury or illness, shall be limited. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provides the transportation for your travel arrangements. These terms are incorporated into this contract; and subject to the agreements we have with local transporters, if and when we use them.
3. When in Nepal
If the contract we have with you is not performed as per your expectations as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which were absolutely unavoidable even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other
material loss, we will offer you such prompt assistance which is reasonable in the circumstances.
4. Other Activities (Extensions)
Additional activities, excursions or any extensional tours that you may opt to book or pay for whilst you are on holiday are not part of your package holidays provided by us. For any optional activity, excursion, or other tour that you book, your contract will be with the operator of the activity, excursion or tour and not with us. We are not responsible for the provision of the activity, excursion or tour or for anything that happens in the course of its operation by the operator. Hence, it is advised that any extensional activities you would like to undertake or book other than your actual program be booked with us for a hassle free holiday.
5. Data Protection
It is our sole responsibility for ensuring that proper security measures are in place to protect your personal information. When you make a booking, you have agreed to all the information you provide being passed on to our suppliers, wherever they may be based. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law within the borders of Nepal. Certain information may also be passed on to security or credit checking companies. No matter for whatever reason, we ensure that your personal data is well protected. Please refer to our Privacy policies page on our website.
6. YOUR COMMITMENT TO US
Your Holiday Pricing
Your booking is fully confirmed only when you make full payments to us via debit/credit cards recognizable by us. All payments made online will be as per prices mentioned on our portal only. On occasion, full payment for a service such as your flights may also be required at the time of booking. Upon receipt of your booking, we will forward a confirmation invoice with an acknowledgement receipt of your confirmed booking by email.
If you make any sudden Changes to Your Booking
Any costs incurred will be levied if you wish to make changes to your travel arrangements. Any request for changes must be made in writing from the actual person who made the booking or your travel agent. You should be aware of the fact that costs incurred when changing a booking could increase the closer to the departure date they are made and it would be truly helpful if you contact us as soon as possible, as this gives us time to work fast to make the changes affecting the booking for your conveniences. Late cancellations will have no refund and the amount of refund depends on the time of cancellation.
Interchanging to another holiday
Once we’ve issued you with a confirmed invoice, and you want to transfer to another holiday, we will do all within our capacities to fulfill the same, but this may not always be possible. Should any such request be made, it must be given in writing from the actual person who made the booking or your travel agent. You will be asked to pay further costs we will have to bear in making this adjustment.
You should be aware that costs incurred in transferring a booking 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 a week prior to departure. Any request to transfer your booking received are subject to the charges shown in section 07 below.
7. Your booking will be confirmed once you make full payment online through Debit/Credit cards acceptable by us, in the event of any off-line cancellations that also include hotels and transportation booking, the following scale of charges will apply as per the clauses mentioned below:
DATE OF CANCELLATION CHARGES INCURRED:
21 days to 30 days before departure 25% of total trip cost
10 to 20 days before departure 60% of total trip cost
Less than 10 days before departure 100% of total trip cost
a. If you do not show up at the meeting point specified on the agreed date, we will assume you have been delayed and will wait for you to contact us with your new expected arrival date. If you do not contact us within 48 hours we will assume you have cancelled the tour. There is no refund of any money paid.
b. The tour will not be cancelled unless we are forced to do so because of unusual or unforeseeable circumstances (force majeure), such as a major natural disaster, major political unrest or war. If we cancel the tour we will promptly refund all payments made to us including the deposit (less the unrecoverable costs such as air tickets cancellation).
We shall not be liable to refund any additional expenses that you may have incurred (such as insurance, visas, vaccinations and other incidental costs).
c. In case of the journey broken and an early return upon client's own wish or any personal causes, Rupakot Holidays shall not be liable to any refund of the days not utilized. Clients have to pay for the hotel or any extra costs incurred after leaving the itinerary.
Transportation Booking and Cancellation
Your booking will be confirmed once you make full payment online through Debit/Credit cards acceptable by us, in the event of any off-line cancellations, the following scale of procedures will apply as per the clauses mentioned below:
a. If you do not show up at specified destination on the agreed date, we will assume you have been delayed and will wait for you to contact us. If you do not contact us within 48 hours we will assume you have cancelled the transportation booking. There is no refund of any money paid.
b. The transportation booking will not be cancelled unless we are forced to do so because of unusual or unforeseeable circumstances (force majeure), such as a major natural disaster, major political unrest or war.
8. TRAVEL INSURANCE
Before joining the tour/trek we recommend you take out travel insurance. This should include adequate cover for baggage, medical expenses, cancellation, helicopter evacuation and emergency repatriation.
You must supply documentary proof of it. If you do not have travel insurance you must have a credit card with at least a US$5000 limit. Travel Insurance is imperative especially when doing treks above 3000m. 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. All baggage and personal effects, including bikes, are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. We advise you to check the limitations of your insurance policy in this respect.
9. The trek information sheets and the dossier give information and conditions relating to the tour/trek and are deemed to be part of the contract and so you should be fully aware of its contents. However, the itinerary is an indication of what the group should accomplish, but not a contractual obligation - Changes may be made because of exceptional weather, flight cancellations, sickness or other unforeseeable circumstances - No refunds are given for unused services or unrealized dreams. We do offer our sympathies though. All information and advice provided (vaccinations, climate, trekking equipment, visas etc) is given in good faith but without responsibility by us. NATURE CAN BE A BEAST WHEN LEAST EXPECTED. PLEASE MAKE SURE YOU ALWAYS READ YOUR TOUR/TREK INFORMATION COPIES, THOROUGHLY.
10. Tour/Trek leader’s rights of Authority
Once your booking is confirmed, it signifies your agreement to abide by the authority of the leader, who represents Rupakot holidays P. Ltd. The decision of the leader as to the conduct, itinerary and objectives of the tour/trek is final.
If, in the opinion of the leader, your behavior or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are dominant considerations), or if the leader considers your general wellbeing 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. Your acceptance of the tour leader’s decisions which could affect the group or individuals is vital for your safety and overall good welfare. The tour/trek leader will give you a complete briefing on your arrival about your journey with Rupakot Holidays.
If you have a complaint that cannot be dealt with immediately with the tour leader or you are not satisfied with the response, please notify us in writing within 10 days of the tour/trek completion. It is strongly suggested that you communicate any complaint to your tour leader without delay and complete a report form whilst on the tour. If you fail to follow this simple procedure we will have been hampered of the opportunity to investigate and put right your complaint during your holiday and this may affect your rights under this contract. We shall try to agree on a settlement in good faith and with due justice; but in the event of any disputes, this process shall be governed by the laws of Nepal.
12. A sense of Responsibility
Your booking is accepted on the mutual understanding that you realise and accept the risks and hurdles potentially involved in adventure holidays and that you are mentally and physically preconditioned in undertaking your chosen trip.
It’s enlightening and good for you to tell us if you have an existing medical condition or disability that might affect your holiday or other group members' enjoyment of it, before you book your holiday. If, in our rational thoughts, 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. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in our printed trip information and pre-departure information packs before you undertake any adventure with us. If you are unable, or choose not to complete an itinerary outlined for your holiday, Incentive Holidays is not liable to supply alternative programs, excursions, accommodations, services or staff for the period when the client is not present with the group. However, Rupakot holidays P. Ltd is accountable for the negligence of its employees and suppliers when it is engaged in the process of executing your travel arrangement. The company is not liable for any failures that occur in the performance of the travel arrangements which are ascribed to the consumer, or attributable to a third party not linked with the provision of the services and unpredictable or unavoidable, or are due to unusual and unforeseeable circumstances beyond the control of the company which could not have been avoided despite all the care given to the client.
13. Passports, Visas, and Immigration Necessities
Your precise passport and visa requirements, and other immigration necessities are your sole responsibility and you should confirm these with the relevant Embassies and/or Consulates.
We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration formalities.
In some cases, full and correct passport information is required when a booking is submitted to us in order that we can obtain necessary tickets, permits and visas on your behalf. If you do not supply the appropriate and accurate information when you make your booking, we will not be able to make the necessary bookings on your behalf and cannot be held responsible for any mistakes that may occur due to hectic or erratic situations which tend to happen due to the human element or any particular nature of the client.
14. Photography for Promotional purposes
Any reproduction or image of you secured or taken (with your permission) on any of our trips may be used by the company without charge in all media (whether now existent or in the future) for bona fide promotional materials of any kind, such as brochures, website slides, video shows and the internet.
15. 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 for the good of us all and our good standing with one another, for your safety and the enactment of your dream holidays becoming the reality of a lifetime.
When doing ADVENTURE travel of any kind, and much of ‘Rupakot Holidays’ outdoor destinations are carried out in far-flung areas, within under-developed nations like Nepal, where situations are less predictable than found, for example, in European countries or the west. The least expected tends to be a way of life in such areas and, despite meticulous planning and organisation, our adventure programs can never be taken for granted like regular vacations. Many of the outposts that we visit in the Himalayas do not have the same standards of emergency health and safety services that we are habituated to in the developed world. Internal flights can be cancelled, road transport is generally uncomfortable and unreliable, and hotels often do not meet the standards of the West. Teahouses on the mountains are pretty basic but cosy and no cake walk. As much as we would not like to mention it, but rather our professional instincts tell us to do so, we must go the mile and say, ‘IF YOU ARE NOT PREPARED FOR THIS, YOU SHOULD NOT TRAVEL WITH US’.
This impulsiveness also indicates that the itineraries we prepare for each of our holidays should be seen as statements of intent, rather than as contractual obligations. An assortment of factors, which include erratic weather patterns due to global warming, transport difficulties and political instability, might compel us to change any itinerary we give you in the course of our ventures. On the occurrence of any unknown eventualities, the trip leader will make any changes that are necessary, after consultation with the group. But it is rare that the mentioned situations will arise, nevertheless, we will always go the mile within our powers to reduce the effects of any enforced changes. However, we cannot – must not, be held responsible for the results of changes or delays, irrespective of how they are caused. In these consequential times that we all live in, we must hope for the best and expect the worst…and keep our faith in God…and by doing this, we will never be disappointed.
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