Terms & Conditions

If you book a trip through us, pay a deposit and receive a confirmation email we will accept responsibility for it in accordance with Gulmarg Backcountry ¬ terms and conditions. If you book through us but the package has been supplied by another tour operator, your contract will be with that supplier and their terms and conditions will apply. Please read these terms and conditions carefully before ordering any Services from us or paying a deposit to us in respect of any Services.

YOU SHOULD UNDERSTAND THAT BY PAYING A DEPOSIT IN RESPECT OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, which shall be binding on all parties for whom we are paid to provide the Services.


BOOKING AND PAYMENT

All bookings are accepted by us subject to booking conditions and website information. All details on our website are checked for accuracy at the time of publication. If we become aware of any material alterations to information which may affect your decision to book with us, we will pass on this information to you at the time of booking. In order to confirm your booking arrangements, we require a deposit at the time of booking; Where applicable, rates are subject to change without notice.

You acknowledge and agree that the initial deposit paid for each trip booked is¬ non-refundable immediately upon confirmation of your booking in writing as set out below. The initial deposit is generally 20% of the price of your booking but may vary, as notified by us. This deposit is¬ non-transferable¬ except under the following conditions:

A replacement guest for the same booking (name change) is given to us. It is your responsibility to find any replacement guests. A replacement guest must satisfy all terms and conditions and both you and your replacement guest will accept joint and several liability for full payment of the booking price.

You must provide us with at least 7 days notice prior to the departure date.

Full payments (less any deposit pre-paid) for all bookings are due and payable 90 days prior to the trip start date. In cases where these full payments are not received by the due date, we may treat the booking as cancelled by you, retain the deposit paid and apply cancellation charges as set out in the paragraph ‚ÄúCANCELLATION BY YOU‚ÄĚ. Once you have booked and paid your deposit and we have confirmed your requested spaces, we will issue you with a confirmation email. Please check the details of this confirmation email carefully. It is your responsibility to ensure the accuracy of all personal details provided. We will not be held liable for any inaccurate information not notified to us within 5 days of the date the email was sent. On receipt of the confirmation email from us, a legally binding contract is entered into between us for the booking.


PRICES

Prices are based on current rates of exchange, transportation costs, tariffs and taxes. We guarantee that up until 30 days before your departure date the price of your trip will not be subject to any surcharges except to cover any increase in transportation costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. Should such price variations be downward then the price of your trip will be accordingly reduced and any refund due paid to you. If the price of your trip increases we will absorb, and you will not be charged for, any increase equal to up to 2% on your trip price. You will only have to pay the amount over and above that 2% of the trip price.


CANCELLATION BY YOU

You or any member of your party may cancel your booking at any time.¬ If cancellation is received by us less than 60 days before the date of trip commencement and you can find a replacement for the trip booked, any and all deposits will be transferred to your replacement.¬ IF CANCELLATION IS RECEIVED BY US LESS THAN 60 DAYS BEFORE THE DATE OF THE TRIP COMMENCEMENT AND YOU CANNOT FIND A REPLACEMENT FOR THE TRIP BOOKED, THEN THE FOLLOWING CANCELLATION CHARGES WILL BE APPLICABLE:¬

Period before departure within which written notification of cancellation is received by us Cancellation charge per person
More than 60 days Loss of deposit
60 – 31 days 50% of trip
30 days or less 100% of trip

CANCELLATION BY US

We aim to provide your trip as booked. While we will endeavour to avoid changes and cancellations, we reserve the right to cancel your trip, make alterations in the itinerary to accommodation, transportation, ski /mountain guides or arranged activities, as a result of unforeseen circumstances that arise beyond our control. We will advise you of any changes at the earliest opportunity but if a major change does occur, you have the choice of either, accepting the change of arrangements, accepting an offer of a replacement trip from us of equivalent or closely similar standard and price or accepting a full refund of all monies paid . We reserve the right to cancel your trip and provide no refund or payments for costs resulting from termination if you or any member of your group places others at risk (i.e. if an individual has overestimated their ski ability), or behave in a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property.


FORCE MAJEURE

We or the supplier of the service in question cannot accept liability or pay compensation where the performance of contractual obligations are prevented or affected by or you otherwise suffer any injury, loss, death, inconvenience, additional expenses, delay or damage to personal property as a result of ‚Äúforce majeure‚ÄĚ. In these terms and conditions, ‚Äúforce majeure‚ÄĚ means any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, travel warnings or bans, quarantine, strikes or other labour activities, disease, animals, natural or nuclear disaster, collapse of building structures, unavoidable technical problems with transport which may result in the failure of the transport, a different mode of transport or may result in transport arriving or departing later than scheduled, adverse weather conditions, acts of god, including but not limited to fire, flood, earthquake, windstorm or other nature disaster and all similar events outside our control.


YOUR RESPONSIBILITIES
Risks

You acknowledge by booking and paying a deposit the risks involved in adventure travel of the type involved. These include, but are not limited to, injuries from avalanches, hiking, climbing injuries, hypothermia, altitude sickness, danger from animals, inaccessibility of medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. All suppliers involved directly including ski /mountain guides and pilots, strive to minimise risks involved and to safeguard you, however you must be aware that when undertaking activities in the mountains there is always some degree of inherent risk. We reserve the right to cancel or curtail the participation of any person that we believe is potentially placing themselves or other members of the group at risk or alter the itinerary to ensure the safety of all individuals (i.e. if an individual has overestimated their ski ability).


Passports, Visas, Immigration and Customs

It is your responsibility to ensure you have appropriate valid passports and visas for your trip. All costs incurred in obtaining such documentation must be paid by you. Check with the appropriate consulate or embassy for the latest visa requirements. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. It is also your responsibility to ensure proper entry through Customs and Immigration.


Medical and Health

It is your responsibility to ensure that any vaccination certificates or health documents required for your trip are in order before departure.. You represent that neither you nor anyone travelling with you has any physical or other condition or disability that could create a hazard to you or other members of the trip. We reserve the right to decline to accept anyone on a trip. We reserve the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to you or others, or otherwise impact the enjoyment of other passengers on the trip.


Insurance

Travel insurance is essential and it is a condition of booking that you and all members of your party must have in place, adequate personal travel insurance including comprehensive winter sports coverage which must include cover for off-piste skiing (accompanied by a guide) and coverage for heli-skiing (if applicable to your trip). It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. No liability will be accepted for anyone travelling without adequate travel insurance.


Behaviour

When you book with or through us, you accept responsibility for any damage or loss caused by you or any member of your party. Our leaders, guides and representatives have the responsibility and authority to make decisions affecting the well-being and safety of the whole group and of each individual within the group. If you or any member of your party behave in a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to ask the person ¬ concerned to leave the group and terminate the arrangements of the person(s) concerned. We will have no further responsibility towards this person(s) and no refunds or payments for costs resulting from termination will be made.


Special requests

If you have any special requests, they should be clearly stated at the time of booking. We will endeavour to forward any reasonable requests to the relevant supplier of the Services. However, we cannot guarantee that any special requests will be met and failure to provide such requests will not be deemed a breach of contract by us.


Photography and marketing

We reserve the right to take photographic or film records of any of our trips and you hereby agree that we may use any such photographic or film records for promotional purposes, as well as approve such use by third parties with whom we may engage in joint marketing, without any remuneration to you. You hereby assign all right, title, and interest you may have in or to any and all media in which your name or likeness might be used by us.


Governing law

Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the limits on responsibility clause, to the brochure, or any information relating in any way to the trip, or to the trip itself (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of India.