Terms And Conditions
WEBSITE TERMS & CONDITIONS
AGREEMENT BETWEEN CUSTOMER AND NEPALADVISOR
Welcome to www.Nepaladvisor.com (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our” and “Nepaladvisor Pvt Ltd.” refer to Nepaladvisor ., a private corporation in Nepal. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of any of the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you book any travel products or services on this Website through our call center agents/website you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website or make bookings through our call center agents. It is your responsibility to monitor terms and conditions page of Nepaladvisor regularly to determine whether the terms and conditions have been modified. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
USE OF THE WEBSITE:
As a condition of your use of this Website:
- You warrant that all information supplied by you on this Website is true, accurate, current and complete.
- You are at least 18 years of age in order to register for an account and contribute to our website. Nepaladvisor does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- You possess the legal authority to create a binding legal obligation
- You will use this Website in accordance with this Agreement
- You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
- You will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- If you have a Nepaladvisor.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
- Use this Website or its contents for any commercial purpose;
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
- Deep-link to any portion of this Website for any purpose without our express written permission; or
- "Frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by NepalAdvisor in connection with the Website or the services
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS:
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Nepal Advisor and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and
(b) use the name that you submit in connection with such submission. You acknowledge that NepalAdvisor may choose to provide attribution of your comments or reviews at our discretion. You further grant NepalAdvisor the right to pursue at law any person or entity that violates your or NepalAdvisor rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If NepalAdvisor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including NepalAdvisor
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of NepalAdvisor,
(a) violates the previous subsections herein,
(b) is objectionable,
(c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or
(d) which may expose NepalAdvisor or its affiliates or its users to any harm or liability of any type.
BOOKING TERMS & CONDITIONS:
1) TOUR CONTRACT: The contract is between the Company and the client (“the client” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by the Company including any person who is added or substituted after booking. We both agree that Nepalese law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury), which arises between us, must be dealt with by the Courts of Nepal. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2. PAYMENT FOR YOUR TOUR:
At the time of checkout and booking in the website, you shall make ¸a full payment, only after you have read and accepted the terms and conditions as stated in the website. The payment, for having a confirmed booking of a tour or a package, has to be a full payment. The relationship between you and the company exist only after you have read and accepted the terms and done a full payment at the time of the checkout.
3. IF YOU CHANGE YOUR BOOKING:
You are expected to inform the company three weeks in advance on any changes that needs to be made in the tour or package purchased by you. Changes, henceforth, in the tour or package are subject to availability for services, relating to Hotel, Transportation or any other activity available in Nepal. You will, however, be charged an administrative fee of $25 to process the changes made by you in the tour or package.
4. IF YOU CANCEL YOUR BOOKING:
Should the client wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by the Company as a percentage of the total tour price per person cancelling, excluding any amendment charges and insurance premiums. The cancellation charges shown below are those, which will apply to most tours.
- 20 - 27 days prior to departure date: - 10% retention of deposit
- 14 - 19 days prior to departure date: - 20%
- 04 days to 13 days prior to departure date: - 50%
- 01 day - 03 days prior to departure date: - 100%
5. IF WE CHANGE / CANCEL YOUR TOUR
The Company reserves the right to change or cancel a tour in any circumstances, which is unexpected, and beyond the control of the company. The booking is confirmed when the customer accepts to the terms and conditions and henceforth, makes the payment for the bookings. Any unexpected situations or circumstances could force the company to change or cancel the tour. Such situations can be stated as natural disasters, weather imbalances, strikes, Bandh and anything (Force Majeure), which is beyond the control of the company. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure. With lack of control over the occurrence of such unexpected situations or circumstances, the company takes the responsibility of informing you at the earliest. The company will offer you the choice of purchasing an alternative tour or activity available from the company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
7. OUR RESPONSIBILITY FOR YOUR TOUR
Bookings are accepted on the understanding that clients appreciate and accept the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in our programme at their own volition.
(1) we promise to make sure that the tour arrangements the authorized travel company and we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these conditions and the other information which forms part of your contract with us, we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or ‘force majeure’ as defined
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in the NEPAL. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.