Booking Terms and Conditions:
The booking terms as set out with your agreement with Hiapoe Pvt. Ltd.(eTara Trips), a Ranikhet based travel firm are appended below.
Hiapoe Pvt. Ltd. (eTara Trips) Contract
The booking terms constitute a legally binding contract between Hiapoe Pvt. Ltd. (further addressed as Hiapoe) and the services provided by it.
You acknowledge that you have read, understood and agree to be legally bound by these booking terms, on your payment of a non-refundable booking deposit (50% of the tour cost), or full payment to Hiapoe Pvt. Ltd.,. Acceptance of your booking will be confirmed in writing to you and a contract becomes binding on the date shown on your confirmation letter or email.
You can discuss any terms and conditions that you do not understand with the representative with whom you are dealing.
Prices:
Prices are based on cost and exchange rates applicable at the time of booking. Hiapoe Pvt. Ltd. reserves the right to adjust prices whether or not you have made full payment. Hiapoe Pvt. Ltd. will do everything within its control not to adjust prices and will only adjust or amend prices in the unfortunate event of increased exchange rates, fuel cost and any other operating cost changes on which Hiapoe has no control. Airfares (except where stated), travel insurance, passport and visa fees, excess luggage charges, airport taxes, tips to guides and porters, extra meals (unless otherwise stated), laundry, drinks, medical expenses, optional extra activities or trips, and any items of a personal nature are not included in your trip price.
Per person price of a tour depends on many things like date of booking or number of people booking at a time. Hiapoe does not guarantee that all the members in the group are paying the same amount for any particular trek.
Amendments/Cancellations:
A deposit (as stated above) is due at the time of booking and the remaining balance due 45 days before departure unless otherwise stated. If the balance is not paid by the due date Hiapoe will regard the booking as cancelled. If cancellation is made more than 60 days prior to departure, the original deposit will be returned. In case of cancellation, which must be in writing and if it is received after that time, the following percentage of cancellation charges apply and will be forfeited:
- 59 to 31days: 50%
- 30 days or less: 100%
These charges are to cover the expenses incurred towards the advance preparation required for trips booked. Hiapoe suggests that you purchase insurance policy to cover cancellations, as required.
Name Changes:
Hiapoe Pvt. Ltd. will not charge any fee for name change for treks and services which are in the scope of Hiapoe. For all other services where Hiapoe does not have any control like flights, train tickets, any government permissions or any other services which need to be cancelled to update new name, official cancellation will be charged as per the terms and condition of that particular service provider.
Trip Cancellation by Hiapoe Pvt. Ltd.:
Hiapoe Pvt. Ltd. reserves the right to cancel a trip (due to circumstances beyond our control) and will advise you of such cancellation no later than 30 days before the departure date. If due to ‘Force Majeure’ or government travel advice, Hiapoe Pvt. Ltd., reserves the right to cancel departure, including a guaranteed one, at any time. With any form of cancellation, Hiapoe Pvt. Ltd.will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking Hiapoe Pvt. Ltd. will refund the difference to you. If you do not accept alternative arrangements Hiapoe Pvt. Ltd.will refund all payments you have made to it, (in case of ‘Force Majeure’ or government travel advice, refunds will be less any unrecoverable costs). Hiapoe Pvt. Ltd. will not be held responsible for any additional cost incurred by you for any damages or claims in connection with these cancellations.
Force Majeure:
Hiapoe Pvt. Ltd. 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 Hiapoe Pvt. Ltd. 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.
Changes to the Trip:
You acknowledge that travelling with Hiapoe Pvt. Ltd. requires a degree of flexibility, good humour and an 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, and the availability of tickets, vehicle breakdowns, changes in transport schedules, accidents or other circumstances beyond Hiapoe Pvt. Ltd. control or which simply cannot be foreseen. Hiapoe Pvt. Ltd. will not accept any responsibility for loss of enjoyment, delays or compensation that may result from such circumstances beyond our control. You also acknowledge that group sizes may vary during the duration of the tour.
Health and Fitness:
Hiapoe Pvt. Ltd. will not recommend you to come for any of its trek if you suffer from severe muscular, chest, heart, asthmatic, or bronchial disorders, or have high blood pressure.In such cases, you are advised against coming on Hiapoe Pvt. Ltd. trekking trips that go to high altitudes.
Note: All travellers over the age of sixty will be required to obtain a medical certificate of fitness. If you fail your medical, a full refund of deposit paid will be made, providing the medical as requested by Hiapoe Pvt. Ltd. is returned within two weeks of booking. Also, discovery of any undisclosed medical conditions will result in you being asked to leave the trip and will invalidate most insurance policies.
Hiapoe Pvt. Ltd. reserves the right to cancel your participation in a trip at any time after trip commencement with no right of refund if your lack of fitness (for the grading of the booked trip), medical condition and/or disability could reasonably affect the trip or your safety and/or of other trip members.
The information about trips given in brochures, trip notes and pre departure information are subject to change. It is your responsibility to review up-to-date trip notes and pre-departure information that will be emailed to you or can be reviewed at Hiapoe Pvt. Ltd. website. The information and conditions in the trip notes and pre departure information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your agent of such changes.
Travel Insurance:
Personal travel insurance is not included in the tour/trip price. While every effort is made to ensure safety for all, it is highly recommended that you obtain personal travel insurance that is adequate to cover you for any event. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. Hiapoe Pvt. Ltd. also recommends your travel Insurance covers cancellation, curtailment and loss of luggage and personal effects.
Passports and Visa:
If travelling from outside India, you must carry a valid passport and have a valid visa for your booked trip when travelling with Hiapoe Pvt. Ltd. Please ensure your passport is valid for six months beyond the duration of the trips. It is your responsibility to ensure you have the appropriate visas for your holiday. Hiapoe Pvt. Ltd. cannot be held responsible if you are refused entry to a country because you do not have the correct visa and passport documents.
Assumption of Risk:
While every effort will be made to ensure your safety and follow Hiapoe Pvt. Ltd. itineraries, in the event of political problems or natural difficulties which are beyond Hiapoe Pvt. Ltd. control and prevent our travelling to a particular area, Hiapoe Pvt. Ltd. reserves the right to substitute an alternative activity for that section of the trip. The cost of any such changes or delays shall not be the responsibility of agents or Hiapoe Pvt. Ltd. By accepting our terms and conditions you acknowledge your decision to travel on a Hiapoe Pvt. Ltd. trip is made after you have considered all relevant travel information supplied by usand travel advice provided at any time by government bodies and associated agencies.
Minors or people below 18 years old are not allowed to use this Website.
Waiver of Liability of Hiapoe Pvt. Ltd.:
You acknowledge by accepting the terms and conditions of Hiapoe Pvt. Ltd. that the enjoyment and excitement of adventure travel is derived in part from the risks in travel and activity beyond the accepted safety of life at home or work and that these contribute to such enjoyment and excitement, and are a reason for your participation.
You further agree to that if you suffer injury or illness, Hiapoe Pvt. Ltd. can at any cost (payable by you), arrange medical treatment and emergency evacuation service, as they deem essential for your safety. In entering into this agreement you are not relying on any oral, written or visual representatives or statements by Hiapoe Pvt. Ltd. or its staff or any other inducement or coercion to go on the adventure trip, but entirely of your own free will.
By ticking or signing the acceptance and acknowledgement of understanding Hiapoe Pvt. Ltd. terms and conditions, you confirm that you accept liability for loss, injury, death, or damage, however caused which you may directly or indirectly suffer in connection with your trip within the extent permitted by law.
By accepting Hiapoe Pvt. Ltd. terms and conditions you also waive any and all claims you may now and in the future have against, and release from all liability Hiapoe Pvt. Ltd., its service agents, independent contractors, employees, guides, porters, agents or representatives or the licensor for any personal injury, death, property damage, or loss you may obtain as a result of participation in an adventure trip with Hiapoe Pvt. Ltd., its staff or licensor. You also accept the physical exertion and that the weather extremes are subject to sudden unexpected change, remoteness from normal medical services and evacuation and its difficulties if you sustain injury.
Hiapoe Pvt. Ltd. (Services and Obligations):
Hiapoe Pvt. Ltd. supply services consisting of arranging and coordinating adventure travel, facilities and services and making bookings. Hiapoe Pvt. Ltd. undertake to perform these services with reasonable care and skill and will not be liable for any loss or damage which results from the act, default or omission of any person other than Hiapoe Pvt. Ltd. or any cause independent of human control.
Hiapoe Pvt. Ltd. will endeavour to provide the most suitable services and arrangements to meet the particular requirements of any given trip. However travel is an individual experience, and your preferences and opinions may vary from Hiapoe Pvt. Ltd. For this reason Hiapoe Pvt. Ltd. cannot take responsibility for your individual satisfaction.
Governing Law:
This contract and all provision of the services and matters arising from it are governed by and in accordance with Indian law and any dispute arising with are subject to the Delhi Courts / Uttar Pradesh Courts.
Promotional Material:
Hiapoe Pvt. Ltd. reserves the right to take photographs of participants of a tour that may be used for promotional purposes. Participants who would prefer their image not be used must identify themselves to the tour leader at the commencement of a trip on day one at the team briefing.
Intellectual Property Rights:
Other than the content you own, under these Terms, Hiapoe Pvt. Ltd. and/or its licensors own all the intellectual property rights and materials contained in this Website
You are granted limited license only for purposes of viewing the material contained on this Website.
Restrictions:
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and Hiapoe Pvt. Ltd. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Your Content:
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, image or other material you choose to display on this Website. By displaying Your Content, you grant Hiapoe Pvt. Ltd. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Hiapoe Pvt. Ltd. reserves the right to remove any of Your Content from this Website at any time without notice.
No warranties:
This Website is provided “as is,” with all faults, and Hiapoe Pvt. Ltd. expresses no representations or warranties of any kind related to this Website or the materials contained in this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of Liability:
In no event shall Hiapoe Pvt. Ltd., nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Hiapoe Pvt. Ltd., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out off or in any way related to your use of this Website.
Indemnification:
You hereby indemnify to the fullest extent Hiapoe Pvt. Ltd. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms
Severability:
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein
Variation of Terms:
Hiapoe Pvt. Ltd. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms when you sign up.
Assignment:
Hiapoe Pvt. Ltd. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement:
These Terms constitute the entire agreement between Hiapoe Pvt. Ltd. and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law and Jurisdiction:
These Terms will be governed by and interpreted in accordance with the laws of the State of Uttar Pradesh, and you submit to the non-exclusive jurisdiction of the state and other courts located in Gautam Budh Nagar District, Uttar Pradesh for the resolution of any disputes.