TERMS AND CONDITIONS
This website with URL address https://www.evergreenadcon.com (the “Website”) is owned and operated by Evergreen Adventures & Consultancies, by using this website, it is recommended to read and understand carefully. Evergreen Adventures & Consultancies (hereafter referred to as “we”, “us”, “our” or “Evergreen Adventures”) provides Specialty tour packages, tour packages, trekking packages to travelers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the “Services”).
The Services are accessible at Evergreen Adventures and any other websites through which we make the Services available (collectively, the “Site”) and any related applications (the “Application”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and Evergreen Adventures.
These Booking Conditions contain important information. It is essential that you carefully read and understand them.
By booking with us you acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions. Acceptance of your booking will be confirmed in writing or by confirmation email sent by us to you and a contract comes into existence on the date shown on your confirmation letter or email.
If you have any queries regarding these Conditions or do not understand them, please raise your query with a member of our staff.
1) PRICES AND VALIDITY
The above rates are subjected to change as per the government policy or Third Party Service Terms.
2) YOUR TRIP AND ASSUMPTION OF RISK
Evergreen Adventures operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you used to at home.
By booking with us you acknowledge that participation in all Evergreen Adventures trips involve inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort.
3) EXCLUSION OF LIABILITY
Where Evergreen Adventures provides services it will do so with due care and skill. Evergreen Adventures is not responsible for the acts and omissions of others, including tour guides, accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others.
Evergreen Adventures will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Evergreen Adventures trip (including pre- and post-accommodation) are entirely at your own risk and Evergreen Adventures can not and does not give you any assurance, representation or warranty in connection with any such arrangements.
To the fullest extent permitted by law and subject to any exception set out below, Evergreen Adventures does not accept liability for any loss, death, injury or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a tour/trek, or in respect of a failure or omission on the part of Evergreen Adventures to comply with its obligations under this contract, or in respect of any other conduct that Evergreen Adventures undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Evergreen Adventures and its employees and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Evergreen Adventures or its Representatives as a result of your participation in any Tour/Trek. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:
“I understand travelling with Evergreen Adventures may involve risks (and rewards) above and beyond those encountered on a conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the Evergreen Adventures trip note for this trip I am undertaking and have provided details of any preexisting medical conditions I may have to Evergreen Adventures representatives. I accept these risks and obligations and I fully assume the risks of travel. Please find the official Release Form by clicking on the following link:
4) CANCELLATION BY Evergreen Adventures
Evergreen Adventures reserves the right to cancel a departure and will advise you of such cancellations no later than 7 days before the tour departure date. If due to ‘Force Majeure’, Evergreen Adventures reserves the right to cancel a departure at any time. With any form of cancellation, Evergreen Adventures will offer you alternative Treks/tours, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments after deducting our cost incurred in advance booking. Evergreen Adventures will not be liable for any additional costs incurred by you.
Evergreen Adventures will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Evergreen Adventures and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
5) CANCELLATION BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Evergreen Adventures in writing/email. The date of the cancellation is the date on which Evergreen Adventures receives notification by email or in writing. Days before departure charge applicable as follows, per person:
Please Note: Service Tax, Payment Gateway Charges etc will not be refunded in any case.
6) CHANGES TO YOUR HOLIDAY
You acknowledge that travelling with Evergreen Adventures requires a degree of flexibility, good humor, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, and the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Evergreen Adventures control or which simply cannot be foreseen. Evergreen Adventures does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Evergreen Adventures’s control. You acknowledge that group sizes may also vary during the duration of your tour.
The information about trips is subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from Evergreen Adventures website or through email at firstname.lastname@example.org. The information and conditions in the Trip Notes and Pre-Departure Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you of such changes.
7) GUARANTEED DEPARTURES
The Company guarantees selected departures at their discretion and its planning calendar considering local conditions. The departure shall become guaranteed once there is one Client confirmed upon it. This guarantee of departure is still subject to force majeure situations and the Company reserves the right to remove the guaranteed designation at any time due to circumstances beyond reasonable control. The Company will not be held accountable for any indirect cost resulting to the client for this action.
8) TRAVEL DOCUMENTS
Valid Passport: The Client must be in possession of a valid passport or Valid ID issued by Government of India required for entry, departure and travel through each destination point along the itinerary of the tour, (passport must be valid 6 months past the return date), all visas, permits and certificates including vaccination certificates, insurance policies, required for the whole of the journey. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Any information or advice given by the Company regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and the Company is not responsible for any errors or omissions as to the information provided by third parties such as the appropriate governmental authorities.
Documents: To expedite the issuing of Evergreen Adventures travel documents please note that all tour related travel documents such as vouchers, itineraries and invoices will be sent via email or will be available on the website Evergreen Adventures once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.
Trip Details: It is the Client’s responsibility to coordinate with our operation teams, if they need.
Visas: It is the Client’s responsibility to check Visa requirements for India for travel according to their nationality. The Visa requirements may change at any moment without prior notice and the Company is not responsible for informing the client about this.
9) AUTHORITY OF THE LEADER
At all times the decision of the Evergreen Adventures Tour/ Trek leader or representative will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Evergreen Adventures Leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by Evergreen Adventures Leader, or interfere with the well-being of the group, then the Evergreen Adventures’s Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or Evergreen Adventures local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip and we’ll look into your complaint and revert you.
Participants shall not be insured by Evergreen Adventures, unless mentioned specifically.
12) HEALTH, FITNESS, TRIP GRADES AND AGE LIMITS
It is your responsibility to advise Evergreen Adventures of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour/ trek and the enjoyment of other trip members. If requested by Evergreen Adventures, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Evergreen Adventures reserve the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Evergreen Adventures also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
Generally, we do allow travellers under the age of 18 years on Evergreen Adventures scheduled itineraries with their legal guardian. The decision for any person less than 15 years of age to travel on our scheduled itineraries is at the absolute discretion of the management of Evergreen Adventures and the style and intensity of the trip. For further information please contact Evergreen Adventures.
You agree that Evergreen Adventures may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.
In order to be able to supply a service to you Evergreen Adventures will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. Please call us on +91 9784924406/ +919571601491 for further information.
Disputes, if any, will be subject to the Sikar- Rajasthan (India) Jurisdiction only.
16) UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at any time, and it is the Clients responsibility to be familiar with them. The latest terms and conditions can always be found on the Company website www.evergreenadcon.com and will supersede any previous versions.
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