Terms and Conditions for the Tour offered by Rare Air Himalayan Travel

Introduction

Travel arrangements and prices detailed on our web site are provided and coordinated by Rare Air Himalayan Travel (ABN 81 115 001 224)

These terms and conditions (Terms) govern the relationship between Rare Air Himalayan Travel (Rare Air Travel, we or us) and you, (you, or Customer) in order for you to reserve and embark upon a Tour (Tour) organized by us.

The destination, accommodation and activities described on our website are included in the Tour unless we advise you otherwise. You agree to comply with these Terms and any supplemental Terms which may be applicable.

Your Agreement to these Terms

BY REGISTERING FOR A TOUR, CLICKING “SIGN ME UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS AND THEY FORM A BINDING LEGAL AGREEMENT BETWEEN RARE AIR TRAVEL AND YOU (CUSTOMER).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT MAKE A RESERVATION FOR A TOUR.

Please read these Terms carefully. You must not make any reservation unless you understand and agree with the following Terms and conditions. By making a reservation you acknowledge that you have read, understand and agree to be bound by these Terms.

If you make a reservation for a Tour on behalf of other participants, you warrant to us that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. We will not be liable for errors or omissions in the information provided by you.

A contract is formed when we issue a Confirmation to you. You are responsible to ensure the information contained in that Confirmation is correct. Please notify us immediately if there are errors in any of the material Terms stated in the Confirmation (including without limitation your correct identification details, the itinerary, or the price.)

Pricing and Price Variations

These Terms may be varied in some cases due to the requirements of regional regulations or last minute contractual obligations to third parties. We will always advise you promptly if that occurs.

Rare Air Travel reserves the right to amend prices without notice, at any time up to and including the day of departure of any trip including, without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, transport and accommodation charges, a force majeure event or other material increases from suppliers.

A non-refundable security deposit per person, is required at the time of reservation. Deposit requirements will be specified in the details of the Tour. Final payment of the balance of your Tour price must be paid to and received by us at least ninety (90) days before the commencement date (Day 1) of your Tour.

We reserve the right to cancel any ticket or reservation or to refuse to carry any passenger where payment has not been received by Rare Air Travel within the specified time. Payment in full is required at time of reservation for reservations made less than 90 days before Day 1 of departure of your Tour.

It is essential that you check with us for any changes or variations to the information shown on our web site. This will allow us to advise you, of any such changes that we are aware of either before you book your Tour prior to your departure. All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of reservation, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that it is your responsibility to check that the details of your Tour have not changed before your departure. You must:

• check your email, mobile phone and/or our website regularly for notices and other communication from us;
• keep your email address and mobile phone number up-to-date and notify us when it changes; and
• ensure that emails from us to your email address are not blocked according to your settings.

Air Travel

Airline travel is not organised by us as part of the Tour. The price of the Tour does  not include international or other airfares unless expressly stated in the description of the Tour. It is your responsibility to purchase and organise airline travel with appropriate arrival and departure times to enable you to join the commencement of your Tour and for your departure at the end of the Tour.

Please consult your airline’s applicable Terms and conditions and conditions of carriage for complete information including their cancellation Terms. We are not responsible for changes in airline itineraries or flight times and we do not provide advice or alerts regarding air travel tickets, flight status or delays.

Cancellation by the Customer

If you cancel your reservation less than 30 days prior to Day 1 of your Tour, then your deposit and the full payment of the cost of the Tour will be forfeited and will not be refunded.

If you cancel your reservation between 30-60 days prior to Day 1 of your Tour, then 50% of the cost of the Tour (including your deposit) will be forfeited and will not be refunded and you will be charged any cancellation fees that are charged and paid by us to third parties like accommodation providers, or local Tour operators. If we are holding your full payment for the Tour then the balance will be refunded after deducting 50% of the cost of the Tour and third party fees.

 

 

If you cancel your reservation 61 or more days prior to Day 1 of your Tour, then your deposit will be forfeited and will not be refunded and you will be charged any cancellation fees that are charged and actually paid by us to third parties like accommodation providers, or local Tour operators. If we are holding your full payment for the Tour then the balance will be refunded after deducting the amount of the deposit and third party fees.

Cancellations must be in writing and should be addressed to: [email protected].

Cancellation by Rare Air Travel

Rare Air Travel reserves the right to cancel any Tour prior to departure due to reasons outside our control. If cancellation is necessary then Rare Air Travel will provide you with a postponed alternative itinerary or promptly refund the monies which have been paid by you to us for the Tour (at your discretion). If we do not receive a minimum number of reservations for a particular Tour then we reserve the right to cancel and refund any monies paid by you. That refund is the only compensation payable by us to you.

Rare Air Travel is not liable for delays or disruptions to the Tour which are attributable to third parties including airlines and air travel.

Visa and Passports

You must have a valid passport that is valid for at least six months after the date when the Tour ends. Rare Air Travel will assist you in applying for your visa.

Travel Insurance

It is your responsibility and you MUST obtain Travel Insurance which covers you for:

• involuntary cancellation of your Tour;

• medical care for you, including medical evacuation from the Tour; and
• activities conducted by you at altitudes exceeding 3,000 metres.

Travel Insurance is not included in our prices. We strongly recommend that you should also purchase insurance coverage for loss of air fare, personal liability, cancellation, curtailment and loss of luggage and personal effects. Rare Air cannot be responsible if problems arise due to your failure to purchase travel insurance or if your insurance coverage is not adequate.

General Health and Fitness

A disability or medical condition requiring special attention must be advised in writing to Rare Air Travel at the time of reservation. It is your responsibility to advise us of your circumstances to ensure the Tour is appropriate for your individual needs.

Rare Air Travel accepts your reservation on the assumption that your fitness and health is appropriate and adequate for the Tour. If you have any doubt about your physical ability to complete the activities described in the Tour you should consult with your doctor before reservation a trip. A reasonable level of fitness and agility is required. You are responsible for making that assessment. Without limitation of the foregoing, Rare Air Travel reserves the right to refuse to accept you on a Tour if we believe that you may be unable to complete the Tour for health, medical or fitness reasons.

What is Included?

After you reserve your Tour we will send you invoice and other information about the Tour. Please check the details of the itinerary carefully and read the information provided to you in our correspondence with you.

It is your responsibility to organise airline travel with appropriate arrival and departure times to enable you to join the commencement of your Tour and for your departure at the end of the Tour. Rare Air Travel cannot delay the commencement of a Tour if you fail to arrive at the designated time and place for commencement of the Tour.

The following items are INCLUDED in the price of the Tour:

• Expert bilingual government-accredited guide.
• All meals, tea, coffee and boiled water.
• Airport transfers plus all private transport within the destination country (Bhutan).
• Government-accredited driver.
• Good quality 3-star hotel accommodation, with private bathroom, twin share.
• Sightseeing and site entrance fees.
• All camping equipment, porterage, horses and extra staff whilst on trek.
• Tourist visa for the destination country (Bhutan).

The following items are NOT INCLUDED in the price of the Tour:

• Flight reservations and airfares: You must book flights.
• Insurance: You must purchase travel insurance.
• Alcohol and soft drinks: Alcoholic beverages and soft drinks are not included in the price.

Safety and Security

While travelling with a Tour organised by Rare Air Travel you agree to accept the authority of the Tour leader or the third party authorised by us at all times. You agree to comply with all policies which are advised to you by Rare Air Travel. Rare Air Travel reserves the right to exclude any person at any time before or during a Tour if, in our reasonable opinion (or in the reasonable opinion of our authorised third party) you behave in a dangerous, offensive, aggressive, excessive or disruptive manner or if you consume excessive alcohol or illicit drugs. The safety, security and enjoyment of our customers is paramount.

You are responsible to check any relevant government travel advisory information concerning a city, country or a region which is included in the Tour (or en route) and you must exercise your own reasonable discretion as to whether you accept the inherent personal risks from undertaking the Tour.

You acknowledge and accept that, if this Tour is to a developing country, the standards of accommodation, transport, safety, hygiene, telecommunication facilities, level of infrastructure development, medical facilities and the rule of law may be of a lower standard to those in a developed western society.

You acknowledge and accept that the route, accommodation and modes of transport described in the Tour are subject to change without prior notice due to local circumstances and in the complete and unfettered discretion of Rare Air Travel, acting reasonably.

Rare Air Travel is not liable for any injury, damage, loss, delay or irregularity which you suffer as a result of any act or event which is outside of our control.

Rare Air Travel will not accept responsibility or liability for any traveller who contravenes any law or regulation of any country visited during the Tour. It is your responsibility and legal obligation to comply with all applicable laws at all times.

Children

Subject to our consent, children under the age of 17 may participate in the Tour provided that:

• the child is accompanied and appropriately supervised at all times by a parent or responsible adult; and
• the Tour is deemed suitable by Rare Air Travel for their age, ability and fitness level.

Rare Air Travel reserves the right to decline consent for a child to join a Tour.

Important Reminders

When you make a reservation and pay the deposit for the Tour these Terms will form a binding legal agreement between you and Rare Air Travel.

Without limitation to any other clause in these Terms and conditions, by making a reservation for the Tour, we remind you that you explicitly agree to the following:

• You have honestly assessed that the Tour is appropriate to your fitness and you do not have any physical conditions or disabilities that are a hazard to yourself or others.
• You have, or will have, a valid passport and all necessary visas and vaccinations required for the Tour.
• You are responsible for organising your own travel arrangements (including air travel) to arrive and depart from the Tour on time.
• You will respect the comfort and privacy of fellow tourists and you will obey the laws and respect the customs of countries visited during the Tour.
• You will follow the reasonable directions of Rare Air Travel (or a third party authorised by us). The safety, security and enjoyment of our customers is paramount.
• You may be asked to leave a Tour if Rare Air Travel (or a third party authorised by us) decides that your continuing participation threatens the safety, security and enjoyment of any other customer.
• Access to medical facilities and evacuation services may be limited.
• You will always wear a helmet when riding a motorcycle or a bicycle.
• If you drink alcohol, you will do so responsibly.

General

Rare Air Travel warrants that:

• it has the authority to enter into and perform its obligations under these Terms
• it will treat your Personal Information in accordance with our Privacy Policy, accessible here.

Terms, conditions, warranties and guarantees implied by law, which cannot be excluded, restricted or modified apply to this Agreement to the extent required by that law.

Except for liability in relation to any non-excludable Term, the Tour is provided to the Customer without any warranty or condition, express or implied, including any implied warranties of merchantability or, fitness for a particular purpose to the extent allowed by law.

To the extent permitted by law, Rare Air Travel’s sole liability for breach of contract, breach of statutory duty, negligence or other tort is limited, at its option, to:

• the supplying of the Tour again; or
• the payment of the cost of having the Tour supplied again.

The Customer does not rely on any representation, warranty or other provision made by Rare Air Travel or on its behalf which is not expressly stated in these Terms.

Rare Air Travel is not liable for loss of revenue, loss of goodwill, loss of anticipated sales, loss of savings, loss of business opportunity, interruption to business, or wasted management/administrative time suffered by a Customer which arises in relation to this agreement and the Tour.

Any part or all of any provision of these Terms that is illegal or unenforceable will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.

Any rights and remedies that a party may have under these Terms are in addition to and do not replace or limit any other rights or remedies that the person may have.

Each party must do or cause to be done all things necessary or reasonably desirable to give full effect to these Terms and the transactions contemplated by them (including, but not limited to, the execution of documents and [payment of monies).

No other act, omission or delay by a party constitutes a waiver binding, or estoppel against, that party.

A single or partial exercise or waiver by a party of a right relating to this agreement does not prevent any other exercise of that right or the exercise of any other right.

A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

These Terms are governed by the law in force in Victoria, Australia.