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General Terms & Booking Conditions - Skigulmarg.com

The below defined terms and conditions establish the commercial agreement between the Users and Clients and Skigulmarg. Be advised that all terms and definitions contained on the Terms and Conditions of Use also apply to these Terms and Booking Conditions; in case that any definitions or terms and conditions are contradictory with the Terms and Conditions of Use, the Terms and Booking Conditions shall prevail. Kindly go through the following paragraphs carefully; it is considered that the below stated terms and conditions are understood and accepted by you (also referred to herein as the “participant”, “client”, “user”, “guest” and/or “costumer”). For means of these Terms and Booking Conditions, the frequently mentioned term participant or participants shall be referred to all clients engaging in one of the services offered on the Websites, or hired through other means, which voluntarily want to participate in the packages, trips, and all outdoor activities with Skigulmarg; all participants and candidates to participate understand that it refers to them.

You should read and understand the following terms and conditions prior to making your reservation.

These policies are effective as of July 16, 2014. Adjustments and/or modifications may be made at any time after publication to rectify errors or omissions, or to make them compliant to applicable laws and regulations.

Terms & Conditions of Travel

Tour Package Price includes:

This is a general list of what is included in our packages. As most packages are adapted to satisfy our participants, the final list of what is included in your package will be enumerated on your invoice. Make sure you review the invoice we send you before paying. This invoice will act as the agreement and proof between the participant and Skigulmarg. Any services that are not enumerated on the invoice will be offered only if possible, and with no obligation of any nature to Skigulmarg. Extra costs may apply.

  • Round-trip shuttle from Srinagar Airport to Gulmarg
  • Accommodations at selected hotels
  • Meals (If you select a package with meals)
  • Ski Guide for the number of days indicated
  • Taxi when skiing the forest around Gulmarg with our guides (on days that no lift tickets have been bought or the limit cost spent on tickets has not been reached)
  • Massages (If you select a package with Massages)
  • Night stay on a houseboat (If you select a package with a night stay on a houseboat)
  • Skigulmarg.com assistance

Tour package Price does not include:

  • Round-trip airline flights to India
  • Domestic flights
  • Airport Taxes (Departure and Return)
  • Visa fees
  • Lift tickets or passes
  • Tips for hotel staff, guides and drivers
  • Bottled water, soft drinks and alcoholic beverages
  • Tea and coffee that are not part of your included meals
  • Souvenirs and purchases
  • Personal Rentals (ski equipment, safety equipment, etc.)
  • Coverage (insurance) for illness, accident, cancellation, etc.

Package Prices

The rates presented on our website or other publications are in U.S. dollars and are valid as per availability at the time of reservation.

Should there be a rise in taxes, fees or other charges, these prices may change. Skigulmarg reserves the right to increase these prices in the eventuality of a variation in exchange rates, fuel costs, taxes and other fees in effect. If the price increase at 40 days or more prior to the delivery of services has increased by 10% and above since the date the invoice was sent, the participant can cancel the hired or contracted services (with full refund excluding bank transfer fees and handling fees) or opt for a substitute package offering similar services. If the cost of a package offering similar services exceeds those booked initially, the participant agrees to pay the price difference.

No price increase can occur within 30 days of the date that services must be provided. Reduction in prices from a promotion or a decision made by Skigulmarg applies to new bookings only.

For the latest and up-to-date prices, contact Skigulmarg. No price adjustments (reduction) will be made to previously booked reservations.

Reservation Recommendation

We recommend that you book your stay at least 45 days before your planned departure date.

Payment

As there are lots of bank transfer fees and handling fees, we encourage our participant(s) to pay in full in one payment. We offer a USD 100 (or more) discount per group if all members pay in full in one payment (per participant or group). Deposit, payment and cancellation policies will apply the same way if you pay in two or more payments. Conditions may apply.

Deposit

A 50% deposit per participant is required at the time of booking. If the deposit is not paid with the booking, it has to be made within 10 days of receipt of invoice. No reservations are confirmed until the deposit is received. If Skigulmarg is booking plane tickets for you, 100% of the cost must be paid on receipt of the invoice. No flight reservations are confirmed until the funds are received.

Final Payment

The balance or pending payment must be received at least 60 days prior to the departure date; else Skigulmarg reserves the right to cancel the booking without notice and apply the cancellation fee, without recourse by the participant. For bookings made 60 days or less prior to the departure date, payment in full is due at time of reservation.

Late Payment

If payments are not made within the stated due date, Skigulmarg is entitled to decline the provision of services and to charge the cancellation fees (see below). Interest could be charged following the: “The Late Payment of Commercial Debts (Interest) Act 1998.”

Payment by bank transfer, credit Card or PayPal

Skigulmarg is a small company; we are working on getting an online payment processing system in place. For now we offer only 2 payment options:

Our preferred method of payment is Paypal.com.

Bank transfer

Skigulmarg offers different options for bank transfer. Our preferred option is bank transfer to our bank account in Taiwan. It is also possible to transfer to our bank account in Gulmarg or our bank account in Quebec.

IMPORTANT! For bank transfer, the participant must pay all bank fees, transfer fees, etc. Please make sure you inform your bank to opt for « All charges are borne by the remitter » when sending or transferring your payment (money). This includes the charges and fees of the receiving bank. The whole invoice amount must be received in full by Skigulmarg. Any sum not received must be paid immediately on arrival.

PayPal & Credit Card

By providing his/her credit card number verbally or in writing to Skigulmarg, the participant consents to comply with all applicable Terms and authorizes respectively, the security deposit and/or the purchase transaction of services. Skigulmarg might ask the participant to provide a written approval to the effect that the credit card could be used without his/her signature.

Single Room Occupancy Surcharge

Most accommodations we work with offer only double rooms or larger and charge us for single occupancy accordingly. Hence, groups traveling in uneven numbers and solo participants will be charged extra as stated in our packages.

Special Request for Hotel

All specific requests such as location of rooms, bedding, etc. have to be made at the time of booking. Skigulmarg will forward your preferences to the hotel but will not guarantee that they will be accepted or complied with by the hotel. Skigulmarg is not responsible if certain requests are not met.

Airfare, plane tickets and air travel terms

All Airfare and Plane Tickets need to be paid in full upon receipt of the invoice. No Airline reservations will be confirmed until receipt of the full payment of the airfare. If there is an increase in airfare between the time that the invoice was sent and the receipt of the full payment of the airfare, the difference will be due to Skigulmarg. If the difference is not paid by the participant, Skigulmarg reserves its exclusive right to cancel your package and apply the cancellation fees.

Changes

Flights are reserved as per the carrier's tariff. In accordance with the airline's tariff, whenever and without notice, flights could be subject to consolidation and may be subject to changes in schedule, airplane type, days of operation, re-routing or change in airline partners. As Skigumarg has no control over this possibility of change and is therefore not responsible or liable to the participant of any such actions, Skigulmarg strongly recommends that participant be aware for this possibility and plan ahead to avoid inconveniences.

Checking and connecting flights

Flight times, even if printed on a ticket, are for reference only. These can be revised for various reasons, often beyond the control of the airline or Skigulmarg. It is the obligation of all participants who bought a package or a flight with Skigulmarg to confirm the flight departure time at least 24 hours prior to their departure as well as the return flight with all the airline(s) concerned. All bookings including connecting flights are done at the customer’s own risk and the customer has to allow his/herself plenty of time to make any connections. Skigulmarg shall not be held liable in case of a change of schedule or a missed connection, which includes any direct or indirect damage or expenses arising (including, and without limitation, a loss of revenue or earnings, lost vacation days or additional costs incurred).

Airport check-in

Skigulmarg advises all travelers to arrive at the airport registration desk at least 3 hours before departure. A delayed arrival may lead to the loss of the passenger’s reservation and their seat could be allocated to another customer without possibility of recourse.

Baggage

Every airline has precise standards for the number, weight and size of baggage. All Participants should check with their chosen airline to verify the policies.

Other conditions and limitations of airline liability

The conditions of air transportation and claims regarding loss and/or damage to baggage is regulated by the Montreal Convention or the Warsaw Convention, whichever the situation, the applicable tariff by the airline, the contract terms declared on the ticket, boarding pass or baggage receipt and any authorities that establish the limitations of the carrier’s liability. When submitted and approved by governmental authorities, any amendments or changes to these general conditions of carriage can be applied immediately without notice. Airline tickets that are unused, in whole or in part, on the indicated dates will not be honored on other flight or refunded to the customer.

Seat assignment

Unless you have pre-selected or purchased a specific seat, the agent at the airline counter allocates the seats in the aircraft at the airport. Some extra fees can be charged directly by the airlines for seat preference and are not included in package prices.

Cancellation Policy and Fees

All cancellations have to be communicated to Skigulmarg by email and with a registered letter. Received travel documentation must be sent back to Skigulmarg at the time of such cancellation.

Cancellation fees will be charged by Skigulmarg in every case of cancellation made at the traveler’s request - whatever the cause, which includes, but is not limited to: fear of political unrest, acts of terrorism, natural disasters, acts of God, or any personal reason.

The following cancellation fees apply:
  • 45 days or more prior to departure: the deposit is non-refundable. If you have paid more than the deposit, SKIGULMARG will transfer the difference to your bank account. All bank transfer fees, handling fees or other fees will be paid by the participant. Deposit paid by one participant is not transferable to another participant of the same group or a new group.
  • Less than 45 days prior to departure: the total package price is due and is non-refundable.

Participants who don't appear, arrive too late or without the necessary travel documents at the airport agree to pay Skigulmarg the full 100% value of the package price.

Late Arrival

In the instance that a passenger cannot travel on the actual booked departure date or time or arrives late at Srinagar Airport and is unable to inform Skigulmarg, a fee will be charged for the shuttle service from Srinagar Airport if the shuttle has to go to the airport a second time.

In the event that you arrive 1 or more days after the scheduled arrival date (for reasons beyond the control of Skigulmarg), there will be no refund for any of the paid services.

Unused Services

No refunds will be granted for unused or cancelled packages or services after your booked departure date or resulting from circumstances beyond Skigulmarg’s control.

Untimely Termination of the Package by the Participant

Regardless of the reason you may have to terminate your trip early (illness, personal reasons, etc.), the unfinished portion of the trip is non-refundable.

Cancellation or termination by SKIGULMARG

Skigulmarg reserves the right to cancel your trip either before the departure date or during the course of the trip for reasons including (but not limited to):

Minimum Number of Participants

Unless otherwise specified, there is no minimum amount of participants required. If only a few people (less than 5) participate, Skigulmarg reserves the right to cancel the program 15 days before departure or ask for a surcharge. In the case that the program is cancelled by Skigulmarg, all money paid will be refunded minus the bank transfer fees, handling fees or other fees. Additional services by Skigulmarg are excluded.

Other

In the event that there should be any other reason to cancel the package, such as political unrest, Acts of God, catastrophes, strikes, etc. or other elements which may endanger the safety of the trip, cancellation could be decided on short notice. In this case, payments will be refunded minus the bank transfer fees, handling fees or other fees. Skigulmarg is entitled to the right to subtract all previously incurred expenses for the package. Further claims for compensation are excluded.

Skigulmarg could cancel a participant or group’s package in the case of a change in a participant’s medical condition or fitness. The failure of an individual to divulge details of their medical condition or fitness before departure could result in the cancellation of their own or their group’s package. Cancellation fees will apply. Further claims for compensation are excluded.

Skigulmarg reserves the right to terminate or cancel a package or a group package should a participant choose to not abide by the directions of Skigulmarg or of all applicable Terms or if Skigulmarg concludes that the participant should no longer participate.

In the case of termination during the ski package, the whole price paid by the participant will be forfeited.

Price and package changes, surcharges during the course of the trip package

Skigulmarg reserves all rights to adjust the price of, alter or add extra costs to your package either before departure or during the trip for reasons including (but not limited to):

Price change

Skigulmarg offers ski packages that need to be organized far in advance and demand a substantial planning effort. Consequently, price changes could occur due to the following reasons (but will not be limited to):

  • Future price increases by transportation companies (fuel, taxes, etc.)
  • Recently added or increased state duties and charges (e.g. VAT, airport tax etc.)
  • Exchange rate fluctuations
  • Increase in third-party cost (hotels, taxis, guides, heliskiing, ski lift tickets)

Skigulmarg will communicate any price increase 40 days before departure at the very latest. In the event the price raise is higher than 10% of the original communicated price, the participant is entitled to terminate the contract within 5 days after reception of the details about the price increase.

Extra costs during the trip

Additional costs that may occur due to unexpected events and which simply cannot be managed or foreseen by Skigulmarg have to be borne by the traveler him/herself.

Package modification

Skigulmarg reserves the right to modify your package including (but not limited to) scheduled dates and routes, early timely termination or finalization of your package in respect to any trip that you have been accepted as a participant.

The ski package or components thereof could be modified before or during the course of the trip (accommodation, means of transport, airlines and schedules) if required as a result of unplanned or unmanageable circumstances. If a substantial part of the package was not offered and used, Skigulmarg will do everything they can to refund the difference between total package price and the price for the services not effected, assuming that Skigulmarg was not billed and/or taxed for these unused services by third party partners and/or companies. Further claims for compensation are excluded.

Modifications to Reservations

For all changes (room type, hotel, car, etc.), these charges will apply: 30 days or more before departure: USD 25.00 per person plus the difference in price; 29 days or less before departure: 100% of the total package price. Changes will be provided based on availability. Any modification to a name or a date will be considered as a cancellation (see paragraph “Cancellation Policy and Fees").

Travel Insurance

At the time of booking, Skigulmarg highly advises that participants acquire travel protection including cancellation and/or interruption insurance, damage or loss of baggage, medical and hospitalization coverage. If the participant has insurance provided by his/her credit card, employer, or any other personal insurance, it is his/her responsibility to know all conditions of the contract. Skigulmarg is in no way liable. Participants should consult their or any travel specialist for more information.

Furthermore, we recommend that you insure yourself against all risks where Skigulmarg cannot be held responsible: accidents, illness, damage, loss of baggage, flight cancellation, etc. Contact Skigulmarg to learn about insurance coverage that covers Kashmir, off-piste skiing, heliskiing, and acts of terror.

Responsibility of the Participant

Travel Documents

A valid passport is the sole proof of citizenship and is required at all times and everywhere when traveling outside your country. Some countries demand that your passport be valid for a period greater than six months from the date of return.

All participants are responsible to obtain, at their expense, all documents required by the governmental authorities, and submit to the various laws of each.

India also requires an Entry Visa, which the participant can obtain at the embassy (at the customer's expense).

Single parents traveling with children under 18 years could have to get an affidavit signed by the other parent authorizing the child or children to travel.

The participant should ask their travel specialist about the proper travel documents required and must ensure they have these documents when traveling.

The air carrier and the relevant authorities could refuse boarding to a passenger who does not have the required documents with them, without recourse or refund. Skigulmarg cannot be held liable or responsible for information or help from any of its employees on how to obtain travel documents or comply with laws; whether the assistance or information was transmitted verbally, written or by any other means. Any participant could be refused entry to a country even if the required documents are in hand. Skigulmarg also waives all responsibilities for the consequences suffered by any customer that does not possess the required travel documents and who also fails to comply with applicable laws.

Travel documents: It is extremely important to verify all travel documents acquired to ensure they reflect the bookings made. In the event you notice an error, please contact your or any travel specialist.

Waivers & Release and Indemnity Form

Skigulmarg will send you a waiver (Release and Indemnity Form) to sign. This waiver will be sent in the form of an electronic document that needs to be signed before departing for your trip. Skigulmarg reserves the right to cancel or refuse to provide services if this waiver is not signed by the participant or all participants of a group.

Take note that the terms of the Release and Indemnity Form that you have signed separately are to be incorporated within all Terms available on the Websites.

Customer Responsibility

It is the participant’s responsibility to notify Skigulmarg of any conditions (physical, health, pregnancy, etc.) that could limit, delay or prevent his/her travels.

It is the responsibility of the participant to inform Skigulmarg of their intentions and purpose of travel. All participants must also be certain and warrant to Skigulmarg that they are healthy enough to take the entire trip and bring with them all necessary medications as well as proof of medical insurance, including emergency repatriation.

Requirement to Cooperate

It is mandatory to respect all laws of the country, respect properties of other travelers and people the participant interacts with during the package, respect local religion and culture and respect any decisions made by (but not limited to): a Skigulmarg representative, ski guides, etc.

Participants of Skigulmarg ski packages could spend a considerable amount of time with other participant, ski guides, etc. Therefore, in the event that there would be any serious concerns regarding negative impacts on the group or other participants, if other participants are disrupted or even put in danger by member(s) of the group; we reserve the right to exclude participants prior or during the course of the ski package. The same applies if participants disrupt the package execution. Should a participant be excluded from the ski program, Skigulmarg is entitled to the cancellation fees and service charges. If participants are excluded during the program, no refund can be made by SKIGULMARG.

Complaints

Participants are required to do all in their power to participate in the correction of possible deficiencies in the program in order to avoid and reduce potential shortcomings. In the event that there would be any reason for complaint during the ski packages, Skigulmarg or its local representative must be made aware without delay of the detected deficiency. This is a requirement for later damage claims. As a rule, most problems can be fixed without delay. Complaints must be submitted in writing by registered letter to Skigulmarg, along with the confirmation of the Skigulmarg program leader or the local representative within 14 days of your ski package termination date. If these terms and deadlines are not respected, all damage claims shall expire.

Liability

Skigulmarg has a limited liability during the provision of participant’s hired Services, or any other activities which are related to their packages. Therefore, the Participant agrees to this limitation of liability, and waives all rights to any legally natured claims or legal proceedings they may hold or file against Skigulmarg, either present or future, perpetually and of any nature. Furthermore they agree and represent to Skigulmarg the following:

Skigulmarg bears the responsibility to render all services defined on its website, other publications and agreed upon on the invoice. If, whatever the reason these services could not be offered, Skigulmarg will ensure they offer the participant services comparable to those already agreed upon. Skigulmarg reserves the right to modify or cancel a ski package at any time. The participant waives any claim against Skigulmarg for loss, accidents, theft or damage to property. Skigulmarg cannot be held responsible for facility closures, bankruptcy, political crises, strikes, weather, terrorism, quality of services offered by suppliers (third parties) or oversold by them, the omission of the participant to obtain travel documents required to carry when traveling, flight delays or any other cause beyond its control that may disrupt normal travel.

Skigulmarg uses many suppliers and intermediaries for its travel operations. It should be understood that, given the type, location and nature of these trips offered by Skigulmarg, the standards of various services offered by our suppliers and intermediaries (whether in terms of accommodation, food, transport or other services) are often lower than those usually available in North America and Europe.

Skigulmarg cannot be liable for any act or omission on the part of our suppliers of which we have no control of, either directly or indirectly.

Skigulmarg disclaims any and all liability in connection with the services received on board ny and in any means of transport, including, but not limited to, train, bus, plane, boat or any other means of transport that could be used during the trip.

Skigulmarg disclaims any and all responsibility, just as it cannot be held responsible for any act, omission (error or unforeseen), nor any loss, damage, injury or delay occurred due to the negligence of a carrier or due to defects in any means of transport.

Skigulmarg is not liable for any and all damages caused by the loss or damage of all personal property or a delay, change of schedule or itinerary due to a carrier.

Skigulmarg is not to be held liable for the negligence of a hotel owner or its staff and/or guests.

Skigulmarg cannot be held responsible for any damage to your equipment due to lack of snow or bad choices by Ski Guides.

Skigulmarg cannot be held responsible for ski conditions. Weather and mechanical failures can cause the lifts to shut down.Skigulmarg does not have control of these situations and cannot be held responsible.

Skigulmarg cannot be held responsible for any damage suffered by the participant as a result of illness, death or injury that may be caused by a disease, poisoning or accident.

Skigulmarg disclaims any liability for any damage suffered by the participant as a result of government actions, political unrest, acts of terrorism, earthquakes, floods or any other natural disasters.

APPLICABLE LAW AND JURIDICTION

This Agreement is governed under the laws of Taiwan, and in the event of any resulting legalities of any of the parties involved, the courts, judges, and tribunals of Taiwan are to have jurisdiction of all wha is contained herein.

WHOLE AGREEMENT

This is the whole agreement which rule the relation between the parties, and no further terms and conditions apply to the contained matters. In case part of the agreement is construed to be inapplicable or illegal due to any reason whatsoever, this agreement shall continue to be applicable for the rest of the surviving parts.

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