We accept bookings subject to the following conditions:
Clients booking by telephone, facsimile, web or e-mail will be deemed to have read and accepted the Booking Conditions set out below. THEREFORE, PLEASE READ THEM CAREFULLY. A booking is accepted and becomes legally binding only from the date when the Company has confirmed its acceptance in writing and issued a confirmation invoice. It is at this point that a contract between the Company and you (the ’Client’) comes into existence. The Contract is between the Company and the Client, being all persons named on the booking form travelling or intending to travel with the Company. The person signing the booking form (which incorporates these conditions) warrants that he/she has full authority to do so on behalf of all persons whose names appear on the booking form (the ’Party’), and confirms that all such persons are fully aware of and accept these conditions. However, for the avoidance of doubt, that person’s signature confirms his or her responsibility for all payment due in respect of all persons within the Party. We will consider the trip confirmed only after the full payment. We shall not be responsible for the any changes occurred due to the delay in payment.
Payment for your Holiday:
The balance of all money due, including any surcharges applicable at that time, must be paid to the Company or their agent not later than 21 days before the trip start date. The Company will not accept responsibility for any money sent by post. The Company reserves the right to pass on any charges relating to returned cheques and credit card charge backs. Payment can be made by bank transfer, debit cards and all major credit cards. The Company reserves the right to charge 5% of the total of all money due in relation to payments made by credit card.
Changes by the Client:
Any changes to the original booking (for example, hotel, passenger names, departure dates) must be informed in as early as possible. Whilst every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed and any additional surcharges shall be levied.
Cancellation by the Client:
The Client may cancel the booking at any time provided that the cancellation is communicated to the Company in writing. Cancellation charges will be applied as shown below calculated from the day when written notice is received by the Company. The earlier the company is informed, the less the Company will charge the Client. However, in addition to the charges shown below many air tickets have no refund value whatsoever and, therefore, airlines may impose 100% cancellation charges and the cost of a new ticket. Cancellation charges apply as follows:
Changes by Shiva Treks & Expeditions:
The Company’s aim is to operate all tours and services as confirmed but by entering into the Contract the Client accepts that it may prove necessary or advisable to vary or its contents due to prevailing local conditions or any other reason. The Company reserves the right at any time to cancel or change any of the facilities, services or prices described in our brochure or website (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and to substitute alternative arrangements of comparable monetary value or charge a supplement locally if alternative arrangements cannot be made, without compensation to the Client and accepts no liability to the Client whatsoever for costs or loss of enjoyment as a result of these changes. Where a major change is made prior to departure the Client will have the choice of either: (i) accepting another tour of equivalent or superior standard; or (ii) a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the difference in price; or (iii) cancelling the tour and obtaining a full refund. ‘The definition of “major change” is a change that is reasonably required but will depend on the individual tour and circumstances.’
The Company reserves the right to increase the tour cost to take account of the following: government action, currency exchange rates, transportation costs (including the cost of fuel), overflying charges, airport charges, local taxes and increase in scheduled air fares. The Company must notify the Client as quickly as possible in order to enable him to take appropriate decisions, and the Client may then cancel the booking within 7 days of being notified of the surcharge and obtain a full refund.
The Clients are STRONGLY ADVISED take out suitable travel insurance in order to take part in a tour organised by the Company. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday money through cancellation and curtailment of the holiday for insurable reasons.
Passports, Visas and Vaccinations:
Clients must ensure that they are aware of all relevant passport and visa requirements and that they allow adequate time to obtain them. Please note that many countries require that passports are valid for six months beyond the period of the Client’s stay. Requirements can change and it is the Clients’ responsibility to ensure that they comply with current passport, visa and health requirements and take all necessary documents with them to gain access to any country or region which forms part of the tour. The Client will be solely responsible for any cost, loss or damage which he or the Company incurs as a result of a failure to obtain all necessary passports, visas and/or vaccinations.
It is the Clients’ responsibility to ensure that he and the members of his Party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on the Clients’ behalf, in which case the Company’s responsibility to the Client ceases immediately. Therefore, the Company will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred as a result. Further, the Client will be liable to reimburse the Company for any expenses whatsoever that it incurs as a result of such behavior.
Age, Fitness and Participation:
All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in the Company’s brochures. Clients agree to accept the authority and decisions of the Company’s employees, tour leaders, and agents whilst on tour with the Company. If in the opinion of such person, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour, in which case all money paid will be forfeited and the Company will not be liable to pay any compensation whatsoever to such Client.
All participants in tours operated by the Company are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve the Company of all obligations that it may otherwise have under the Contract.
Illness or Disability:
Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment required during the tour. Failure to make such disclosure will constitute a breach of these Booking Conditions and may result in such persons being excluded from the tour in which case all money paid will be forfeited and the Company will not be liable to pay any compensation whatsoever.
If the Client has a complaint about any of the tour arrangements, the Client must bring it to the attention of the tour leader or other representative of the Company at the time so that they may use their reasonable endeavors to rectify the situation. Failure to complain at the time will affect the Client’s ability to claim compensation from the Company. Should the problem remain unsolved a complaint must be made in writing to the Company within a reasonable period of not more than (we suggest 3 weeks) after the completion of the tour.
Responsibility of Shiva Treks & Expeditions:
The tours operated or supplied by the Company have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ’package’ holidays. All bookings are accepted on the understanding that the Client appreciates such risks and hazards and that they undertake all tours at their own volition. If a Client participates in an activity not included as part of a tour operated by the Company, the Client (i) accepts all responsibility for taking part in such an activity, (ii) accepts that no further services will be provided by the company and (iii) indemnifies the Company against any and all claims related to such an activity. Where the Client suffers death, personal injury or any other loss whatsoever as a result of an activity forming part of the tour arrangements booked with the Company, the Company shall only accept responsibility if the death, personal injury or loss was caused by the negligent acts and/or omissions of the Company’s employees, officers, agents, suppliers or sub-contractors. For the avoidance of doubt, the Company shall not be liable for such death, personal injury or any other loss suffered whatsoever if there has been no fault on the part of the Company or its partners, or if the cause was the fault of the Client (including without limiting the generality of the foregoing the Client’s participation in any activity/option not specifically detailed as included on the tour or operated directly by the Company) or due to the actions of someone unconnected with the tour arrangements or due to circumstances which neither the Company nor its partners could have reasonably anticipated or avoided.
If the Client has any special requests, he should inform the Company at the time of booking. The Company and its suppliers will try to meet such requests but, as these do not form part of the Contract, the Company does not guarantee to do so, including for pre-bookable seats. If the Company confirms that a special request has been noted or passed to the supplier or refers to it on the confirmation invoice or elsewhere, this is not a guarantee to meet it. The Client will not be specifically notified if a special request cannot be met. The Company does not accept bookings which are conditional on the fulfillment of any special request.
In order to process your booking, on the go need to collect certain personal details from you. These details will usually include the names and addresses of party members, passport copy or photograph and special requirements such as those relating to any disability or medical condition that may affect the holiday arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information.
Hotel images featured in our brochures are used for illustration purposes only. Your specific hotel (where hotel accommodation is included as part of your chosen tour) may differ from the representation provided. Clients agree that any images taken of their likeness whilst a participant on our tours by on the go or through the supply of image(s) by fellow clients can be used in any form of on the go media.
The Contract constituted by the Company’s acceptance of the Client’s booking subject to these Booking Conditions shall constitute the entire agreement between the Client and the Company in relation to the relevant booking, and shall exclude all other terms and conditions (except for the relevant suppliers’ conditions and any applicable international conventions) and shall supersede all prior or contemporaneous communication or information provided.