1. Every passenger must read these Booking Conditions, sign a Booking Form and pay full payment at the time of booking of any trip. In addition to this Booking Form, some operators have their own Booking Conditions and Booking Forms which also require completion at or before the time of booking of their particular trip, e.g. race release, medical forms, etc.

2. The Operator of the Himalayan 100 Mile Stage Race, Mt. Everest Challenge Marathon, Mt. Everest Bike Tour, and Agra / Delhi / Kolkata Extension as described in this brochure is Himalayan Run & Trek Pvt. Ltd., an Indian tour company. Other runnings, mountain biking, trekking, and / or sightseeing tours in India as described in this brochure are organized by Indian tourism departments and / or other Indian tour operators. These operators, and others who may vary from trip to trip, are attempting to conduct the safest and most enjoyable experience for all participants in the group and the Booking Conditions are designed to control individual actions or trip situations that could, in the opinion of the operator’s employees and agents, adversely affect the integrity of the group. This trip may include any one or more activities which could result in injury or death to one or more clients.

3. The General Sales Agent (GSA) for these programs will vary from country to country. There is no ownership interest whatsoever between the GSA and the operator of the programs, each being a totally separate entity with different responsibilities as described herein.

4. The General Sales Agent (GSA) gives notice that it acts only as an agent for the operator of the programs. The GSA accepts bookings on behalf of the operator and the client on the condition that neither the GSA nor any associate organization, agent or employee shall be liable for any act, default, injury (including death), loss, expenses, damage, deviation, delay, curtailment or inconvenience which may have been caused or contributed to by the act, neglect or default of the GSA, its agents, employees or of any persons for whose acts it would otherwise be responsible. The GSA accepts bookings on behalf of the operator. This contract is between the client, being any person traveling or intending to travel on a trip offered by the GSA, and the trip operator.

5. The operator accepts reservations subject to the following terms which shall apply between the operator and clients.

6. No employee of the operator apart from a director has authority to vary or omit any of these terms or promise refunds.

7. Any person signing the attached Booking Form (which incorporates these terms) warrants to the GSA, and the operator that he/she has full authority to do so on the behalf of all persons whose names appear thereon.
8. No contract shall come into existence until the operator has received a properly completed and signed Booking Form, the appropriate payment and has confirmed the booking in writing. The GSA, or the operator, may in their discretion refuse any booking and may at any stage cancel an accepted booking. The client can also cancel an accepted booking at any stage by giving written notice.

9. Information as to climate, clothing, baggage, gear and similar matters is given in good faith but without responsibility on the part of the operator or GSA.

10. The GSA and operator act only as agents for clients in connection with hotel accommodation, camping arrangements, sightseeing tours and all kinds of transportation other than tours or transportation provided and operated directly by the operator itself. Clients are responsible for customs taxes, licenses, permits, fees or other charges which will or may be made, levied or imposed upon clients, legally or illegally by a person or government official, wherein such charges are not specifically included as part of the tour package price.

11. The operator will use due diligence in so acting, but subject to that, shall be under no liability in respect or any matter howsoever arising in connection with such hotel accommodation, camping arrangements, sightseeing tours and transportation. Arrangements so made by the operator will be subject to any special terms imposed by hotel or site owners, tour providers or providers of transport. Operator is not responsible for insuring a supply of needed medicine or drugs or to the purity of food, water and beverages; nor insuring an adequate means of communications to or from the client’s home or business; nor does operator make any warranty or representation as to the condition of any means of transportation.

12. Race occasions arise when the operator cannot follow its advertised itineraries or cannot maintain its advertised schedules of travel, stopping and/or instruction. Such itineraries and schedules are put forward as statements of intention only and not as representations or undertakings that they will be carried out in every instance. The operator, GSA, and/or agents assume no liability for departure delays and return delays. Nor is the operator liable for interruption, cancellation, or other costs relating to war declared or undeclared, acts of war, terrorist activities, revolution, change in government, strikes, acts of god or natural disaster and accident.

13. The operator may without liability on its part at any time alter and if in its view necessary cancel any tour, itinerary or holiday or part thereof including any hotel or camping arrangements. But if a tour is canceled before departure the operator shall repay any monies received by it if the cancellation is not caused by matters beyond the operator’s reasonable control. The operator shall not be liable for delays in, deviations or omissions from any tour or route howsoever caused, or for any direct or indirect consequences therefore. When in the opinion of the operator’s representative it is necessary in the interest of safety or for the satisfactory continuation or termination of a tour, to incur extra expense, the operator may do so and recover the same from the clients.

14. Clients, together with their personal property, including baggage, are at all times solely at their own risk without liability to the operator, GSA, and/or agents. Clients are strongly advised to insure adequately in respect of illness, injury or death for the duration of their trip, repatriation to their home country, and to insure fully against loss or damage to their property. Neither the operator nor its employees nor agents shall in any circumstances whatsoever be liable in respect of any damage to or loss of property; nor be liable for any medical, dental, optical or surgical care treatment or procedure; nor be liable for infection or disease and the client waives any claim to damage or injury including death for any emergency treatment provided when no physician, surgeon or hospital is available. Clients shall satisfy themselves that any travel insurance arranged by any operator, GSA, and/or agents is what they require as the operator accepts no responsibility for this and clients should arrange supplementary insurance if need be.

15. Clients will accept the authority and decisions of the operator’s employees and agents during a tour.

16. If in the opinion of the operator or a trip leader the health or conduct of a client (immediately before or at any time after departure) appears likely to endanger the safe, comfortable or happy progress of a trip, or if a client commits any illegal act, the client may be excluded from the trip and the operator shall have no responsibility to or for them and no refund shall be due. In the case of ill health the operator may at its discretion make such arrangements as it sees fit and recover the cost thereof from the client.

17. The operator shall not be liable in respect of any claim made by a client unless adequate written notice of the claim is received by the operator from the client within 28 days of the end of the clients trip with the operator, in respect of which the claim is made. The operator shall not in any circumstances whatsoever be liable for damages for loss of enjoyment, or disappointment, or inconvenience, or discomfort.

18. If the balance of all monies due to the operator is not paid 60 days prior to departure, or by the Due Date so stated at the time the trip is confirmed in writing to the client, the operator may treat the booking as canceled by the client. The Due Date will always be set more than 60 days prior to departure to allow time for mailing and other correspondence to take place.

19. In the event of cancellation of the booking by the client due to illness or any other reasons, the operator will retain US$625 from the deposit as cancellation fee if cancellation is received before August 31. If the cancellation occurs after August 31, the entire trip fare will be forfeited. These fees are the maximum chargeable and will be in the normal circumstances. The date of cancellation will be the date when organizer receives written notice of cancellation from the person signing the booking form. In the event of a client wishing to transfer to another trip provided notice is given before August 31, the transfer may be effected on payment of a fee of US$625 or an amount stated at the time the operator receives notification by the client that a transfer is requested. Transfers will not normally be permitted less than 60 days before departure or August 31, whichever is earlier.

20. Airlines or transport companies concerned are not to be held responsible for any act, omission or event, during the time passengers are not on board their planes or conveyances. The passenger contract in use by the carriers concerned when issued shall constitute the sole contract between the airlines or transportation companies and the purchaser of this tour and/or passengers.

I have read the Booking Conditions and they form part of this contract. I accept the terms and conditions as stated in this contract. Please use a separate Booking Form for each person booking a trip. Space is limited. All entrants mail the completed Booking Form and full payment. Foreign entrants should send funds by bank telegraphic transfer only. A complete Pre-departure Package will be mailed when your booking is confirmed.