TERMS & CONDITIONS

TERMS & CONDITIONS

XKMPH INDIA
(“Destination Adventure” / “Himalayan Luxury Tours”)
Last Updated: 11/08/2025

1. INTRODUCTION & ACCEPTANCE

These Terms & Conditions (“Terms”) form a binding legal agreement between you (“you,” “your,” “traveller,” “participant”) and XKMPH INDIA, operating as Destination Adventure and Himalayan Luxury Tours (“the Company,” “we,” “us,” “our”), for the purchase and participation in any of our tours, expeditions, services, or related products.

By booking a tour, paying any deposit or balance, or participating in any activity arranged by us, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. DEFINITIONS

  • Tour / Expedition – Any itinerary, package, activity, or experience organised by us, including motorcycle expeditions, self-drive SUV tours, leisure and wellness tours, cultural trips, treks, student group tours, and associated services.
  • Supplier – Any third-party service provider (hotel, airline, transport operator, visa agent, activity operator) engaged to deliver part of your booked services.
  • Force Majeure – Events beyond our control, including but not limited to natural disasters, political unrest, pandemics, war, strikes, adverse weather, or acts of government.
  • Participant – Any individual booked on the tour, whether named on the invoice or travelling as part of a group booking.

3. BOOKING & PAYMENT POLICY

  • A non-refundable deposit (amount specified in the booking confirmation) is required to secure your place.
  • The balance payment must be received by the date stated in your invoice. Failure to do so may result in cancellation without refund of the deposit.
  • Bookings made close to departure require full payment at the time of booking.
  • Payments are accepted via bank transfer, authorised online payment gateway, or other approved methods.

4. PRICING & INCLUSIONS

  • Tour prices are quoted in Indian Rupees (INR) unless otherwise stated and are based on current rates of exchange, taxes, and supplier costs at the time of quotation.
  • Inclusions and exclusions will be clearly specified in your itinerary and invoice.
  • Prices may be subject to change due to currency fluctuations, government taxes, or supplier increases. Any such change will be communicated promptly.

5. YOUR RESPONSIBILITIES

  • Travel Documents – You must hold a valid passport, required visas, permits, and vaccination certificates.
  • Fitness & Health – You must be in good physical and mental health appropriate for the activities booked. We may require a medical certificate for certain tours.
  • Conduct – You agree to follow all safety instructions, respect local laws, customs, and the authority of our tour leaders. Abusive or dangerous behaviour may result in removal from the tour without refund.
  • Information Accuracy – You are responsible for providing correct names, contact details, and personal information for bookings. Errors may result in extra charges.

6. MOTORCYCLE-SPECIFIC TERMS

For all motorcycle expeditions:

  • Licensing – A valid motorcycle driving licence (and International Driving Permit for foreign riders) is mandatory.
  • Experience – Riders must have prior experience with geared motorcycles.
  • Safety Gear – ISI/DOT/ECE-certified helmet, riding jacket, gloves, and sturdy boots are compulsory.
  • Pillion Riders – Must wear a helmet and appropriate protective clothing.
  • Damage Responsibility – You are liable for any damage to rental motorcycles up to the agreed security deposit or actual repair cost, whichever is higher.
  • Alcohol & Drugs – Riding under the influence of alcohol or drugs is strictly prohibited and will result in removal from the tour without refund.

7. ACCOMMODATION & MEALS

  • Accommodation standards will be as per itinerary (e.g., boutique stays, hotels, campsites).
  • Room types and bedding requests are subject to availability.
  • Meals are provided as per the meal plan in the itinerary. Buffet meals may be replaced with set menus during low occupancy.

8. TRANSPORT & LOGISTICS

  • Vehicle allocation (motorcycle, SUV, minivan, etc.) will match the tour description but may be substituted with a similar category in case of technical issues or availability constraints.
  • Group transport follows a fixed schedule; delays caused by participants may result in missed activities at their own cost.

9. VISA ASSISTANCE & IMMIGRATION

  • We may assist in visa processing through trusted agents, but issuance is at the discretion of the relevant embassy.
  • Visa delays, rejections, or additional requirements do not alter our cancellation policies.
  • All documentation, interviews, and immigration formalities remain your responsibility.

10. TRAVEL INSURANCE REQUIREMENT

  • Travel insurance is mandatory for all participants on all tours, regardless of type.
  • Insurance must cover medical expenses, emergency evacuation, trip cancellation, personal liability, and (for motorcycle tours) motorcycling activities.
  • Proof of insurance must be submitted prior to tour departure.

11. HEALTH, SAFETY & RISK ACCEPTANCE

  • You acknowledge that adventure travel carries inherent risks, including but not limited to accidents, injury, illness, political instability, and weather hazards.
  • You voluntarily accept these risks and release us from liability for any loss or damage, except where prohibited by law.

12. FORCE MAJEURE

In the event of Force Majeure, we may alter, delay, or cancel a tour. Refunds or rescheduling will be offered only to the extent that our suppliers refund us. No further liability will be accepted.

13. CANCELLATIONS & REFUNDS

  • By You – Cancellation must be in writing. Charges will apply as per the cancellation schedule in your invoice (typically increasing closer to departure). Deposits are always non-refundable.
  • By Us – We may cancel due to insufficient numbers, safety concerns, or Force Majeure. A full refund or credit will be offered, but no additional compensation is payable.

14. CHANGES TO ITINERARY

  • We reserve the right to modify itineraries due to weather, road conditions, safety, or unforeseen circumstances.
  • No refunds will be provided for unused services or voluntary early departure.

15. LIMITATION OF LIABILITY

  • Our liability is limited to the total amount paid to us for the tour.
  • We are not responsible for third-party service failures, personal injury, loss, or damage to property unless caused by our proven negligence.

16. DATA PROTECTION & PRIVACY

  • Your personal data will be collected and used solely for booking and operational purposes.
  • We will not sell or rent your information to third parties.

17. INTELLECTUAL PROPERTY & MEDIA

  • All materials (logos, content, photos) are our property unless specified.
  • By joining our tours, you grant us the right to use photos or videos taken during the tour for marketing purposes, unless you opt out in writing.

18. GOVERNING LAW & DISPUTE RESOLUTION

  • These Terms are governed by the laws of India.
  • The courts of Siliguri, West Bengal have exclusive jurisdiction.
  • Disputes may be resolved through arbitration under the Arbitration and Conciliation Act, 1996, before litigation.

19. ACKNOWLEDGEMENT

By booking a tour, you acknowledge that you have read, understood, and agreed to these Terms & Conditions in full.