These Terms and Conditions (“Terms”) shall govern and regulate all bookings, registrations, itineraries, invoices, quotations, travel services, activities, tours, treks, expeditions, experiences, corporate bookings, institutional engagements, digital bookings, platform-based bookings and all ancillary or related services provided, facilitated, coordinated, marketed, organised or arranged by TREK BREAK AND MORE (“Company”).
These Terms shall be deemed to be incorporated into and form an integral part of all itineraries, booking confirmations, invoices, declarations, waivers, indemnities, registration forms, payment links, website bookings, WhatsApp confirmations, e-mail communications, and all other travel-related documents or arrangements issued or confirmed by the Company.
Any booking, registration, participation, payment, advance payment, continued usage of services, digital acceptance, confirmation, or participation by any customer, traveller, or participant shall constitute unconditional acceptance of these Terms.
- DEFINITIONS
- “Company” shall mean Trek Break and More, including its directors, partners, affiliates, employees, consultants, representatives, coordinators, guides, tour leaders, contractors, agents, local operators, and authorized representatives.
- “Customer” or “Client” shall mean any individual, group, institution, corporate entity, user, or person making a booking, inquiry, payment, registration, or utilizing any services provided by the Company.
- “Participant” shall mean any individual undertaking, attending, participating in, or availing any tour, trek, activity, experience, event, expedition, transportation, or travel-related service.
- “Booking” shall mean any reservation, registration, purchase, confirmation, payment, inquiry conversion, itinerary confirmation, digital acceptance, or service request made through any mode.
- “Travel Services” shall include tours, treks, expeditions, adventure activities, experiences, MICE arrangements, educational tours, institutional tours, transport arrangements, accommodation arrangements, visa facilitation, insurance facilitation, forex facilitation, ticketing, event participation, and any ancillary or related services.
- “Adventure Activities” shall include trekking, hiking, camping, mountaineering, rafting, climbing, expeditions, outdoor activities, and any activity involving inherent physical or environmental risks.
- “Itinerary” shall mean any proposed or confirmed schedule, package inclusion, tour plan, departure details, or travel-related document issued by the Company.
- “Platform” shall mean the Company’s website, mobile application, payment gateway, aggregator platform, social media channel, WhatsApp communication, email correspondence, booking engine, or any third-party booking interface.
- “Third-Party Service Provider” shall mean any independent airline, hotel, transport operator, guide, local vendor, visa consultant, insurance provider, forex provider, activity operator, or external service provider.
- “Force Majeure Event” shall include any event beyond reasonable control, including natural disasters, landslides, floods, pandemics, epidemics, government restrictions, strikes, political disturbances, road closures, adverse weather conditions, war, civil unrest, terrorist activity, transport disruption, or similar events.
- APPLICABILITY AND ACCEPTANCE
- These Terms shall apply to all services provided, facilitated, organized, promoted, marketed, coordinated, or arranged by the Company.
- Without limiting the generality of Clause 2(A), these Terms shall apply to, inter alia:
- Website bookings
- Mobile bookings
- Digital registrations
- Invoices
- Quotations
- WhatsApp confirmations
- Email confirmations
- Social media bookings
- Aggregator platform bookings
- Offline registrations
- Institutional engagements
- Corporate travel arrangements
- B2B or reseller arrangements
- Any booking, registration, participation, payment, advance payment, inquiry conversion, digital acceptance, itinerary confirmation, continued participation or utilisation of the services provided by the Company shall constitute a valid, binding and enforceable acceptance of these Terms by the Customer and/or Participant.
- These Terms shall at all times be read together with and construed harmoniously alongside the relevant itinerary, booking confirmation, invoice, cancellation and refund policy, declarations, waivers, indemnities, medical forms, operational advisories, participation undertakings, supplemental conditions, itinerary-specific instructions and all other travel-related documents, communications or requirements issued, circulated or prescribed by the Company from time to time in relation to the relevant booking, activity, itinerary or services, all of which shall collectively form an integral and binding part of the contractual understanding between the Parties.
- SCOPE OF SERVICES
- The Company may provide, facilitate, coordinate, market, organise, arrange or promote various travel-related and tourism-related services including domestic tours, international tours, trekking expeditions, adventure activities, backpacking trips, corporate travel, MICE arrangements, institutional tours, educational tours, experience-based tourism, event-based tourism, transport arrangements, accommodation arrangements, ticketing services, visa facilitation services, insurance facilitation services, forex facilitation services and all ancillary or incidental travel-related services connected thereto.
- Certain services may be operated directly by the Company, while others may be facilitated through independent third-party vendors.
- BOOKINGS AND PAYMENTS
- A booking shall be deemed confirmed only upon receipt of the applicable booking amount, advance amount, or confirmation as determined by the Company.
- The Company reserves the right to refuse, suspend, cancel or terminate any booking, registration or participation in the event of non-payment, incomplete documentation, misrepresentation, operational constraints, safety concerns, non-compliance with applicable requirements, misconduct, breach of these Terms or any circumstances which, in the opinion of the Company, may adversely affect the safety, feasibility or operational integrity of the itinerary or services.
- All pricing, quotations, and package costs communicated by the Company shall remain subject to revision or modification on account of vendor price revisions, fuel surcharges, taxation changes, currency fluctuations, government levies, permit charges, transportation costs, accommodation revisions, operational requirements or any other commercial or regulatory factors affecting the relevant booking or itinerary.
- Unless otherwise specified, all taxes, convenience fees, processing charges, permit charges, and statutory levies shall be payable additionally.
- The Customer shall bear all payment gateway charges, platform charges, banking charges, foreign exchange conversion charges, chargeback costs, refund processing costs, and similar transaction-related charges associated with any Booking, payment, refund, modification, or related transaction unless expressly stated otherwise by the Company.
- The Company may charge consultation fees, advisory fees, facilitation fees, service fees, booking fees, processing fees, or similar charges in relation to ancillary services, including ticketing, permits, visa facilitation, insurance facilitation, forex facilitation, activity bookings, and related services, and such charges may remain non-refundable.
- CANCELLATION, REFUND, AND RESCHEDULING
- Cancellation, refund, rescheduling and modification requests in relation to any Booking or Travel Services shall be governed by the cancellation and refund policy communicated by the Company in relation to the relevant Booking, Itinerary or Travel Services, including any itinerary-specific cancellation terms, operational advisories, booking conditions or supplemental conditions attached thereto or circulated therewith by the Company from time to time.
- Certain components, including permits, transport tickets, visa fees, insurance premiums, booking fees, processing charges, and third-party vendor charges, may be non-refundable.
- Unless otherwise expressly agreed by the Company in writing, no refund, adjustment, or compensation shall be payable in respect of:
- Any no-show by the Customer or Participant
- Any unused portion of the itinerary or services
- Any voluntary withdrawal from the tour, trek, experience or activity
- Any late arrival or failure to report at the designated departure point
- Any early departure from the itinerary
- Any removal, suspension, or termination of participation on account of misconduct, safety concerns, breach of these Terms, or non-compliance with operational instructions.
- The Company may alter, modify, postpone, reroute, reschedule, substitute, or cancel any itinerary, accommodation, transportation, activity, or component due to operational, environmental, weather-related, safety-related, or Force Majeure reasons.
- Refund timelines shall remain subject to vendor processing timelines and banking channels.
- Any request for participant substitution or modification of a confirmed Booking shall be subject to availability, operational feasibility, vendor approvals, and payment of applicable additional charges, and may be declined by the Company.
- Certain departures, events, festival tours, peak-season departures, charter departures, special events, permit-based departures, experiences, or promotional offerings identified by the Company may be designated as non-cancellable, non-refundable, or subject to special cancellation, modification, or refund conditions communicated by the Company for the relevant Booking.
- THIRD-PARTY SERVICES
- The Company may, in the course of providing the Travel Services, engage, facilitate, coordinate, or arrange services through Third-Party Service Providers, and the Customer acknowledges that certain components of the Booking and Itinerary may be operated, managed, or executed by such independent Third-Party Service Providers.
- ll Third-Party Service Providers shall operate independently and shall remain solely responsible for their respective operations, services, compliances, representations, schedules, permissions, safety standards, contractual obligations, and service deliverables in relation to the relevant Booking or Travel Services.
- The Customer further acknowledges and agrees that the Company shall not be responsible or liable for any act, omission, delay, cancellation, disruption, deficiency, negligence, rejection, operational failure, overbooking, injury, loss, damage or default attributable to any Third-Party Service Provider or arising out of the services rendered, facilitated or operated by such Third-Party Service Provider in connection with the Booking, Itinerary or Travel Services.
- All services rendered or facilitated through any Third-Party Service Provider, including bookings made through aggregator platforms, ticketing platforms, marketplaces, booking engines, resellers, or other third-party channels, shall remain subject to the respective terms, conditions, policies, operational requirements, and limitations prescribed by such Third-Party Service Provider from time to time.
- The Customer acknowledges that guides, drivers, hotel personnel, local coordinators, activity operators, venue personnel, and other personnel engaged by Third-Party Service Providers are not employees of the Company and remain under the supervision and control of their respective organisations.
- Where the Company facilitates visa assistance, insurance facilitation, forex assistance, documentation support, or similar services, the Company acts solely as a facilitator, and all approvals, decisions, rates, settlements, and outcomes shall remain subject to the policies and decisions of the relevant authorities, insurers, financial institutions, or service providers.
- ASSUMPTION OF RISK
- The Customer expressly acknowledges, understands and agrees that the Travel Services, including any Adventure Activities, tours, expeditions, transportation arrangements, outdoor activities or experience-based activities forming part of the Booking or Itinerary, may inherently involve certain foreseeable as well as unforeseeable risks including physical exertion, difficult terrain, adverse weather conditions, altitude-related sickness, transportation hazards, accidents, medical emergencies, injuries, permanent disability, loss or damage to personal property and, in exceptional circumstances, death, and the Customer and/or Participant further acknowledges and agrees that participation in such activities shall additionally remain subject to the declarations, waivers, risk acknowledgements, safety advisories, operational guidelines and participation undertakings attached with or issued in relation to the relevant Booking, Itinerary or Adventure Activities.
- Participation in any activity, itinerary, tour, trek, expedition, or Adventure Activity forming part of the Travel Services shall be entirely voluntary and undertaken at the sole risk, responsibility, and consequence of the relevant Participant.
- The Participant agrees to comply with all safety instructions, advisories, operational guidelines, environmental protocols, and directions issued by the Company or its representatives from time to time.
- MEDICAL FITNESS AND EMERGENCY CARE
- The Participant represents, warrants and confirms that they are medically, mentally and physically fit to undertake the relevant Travel Services, Adventure Activities, Itinerary or activity forming part of the Booking, subject further to the medical declarations, fitness requirements, health advisories and operational requirements prescribed by the Company under the relevant Itinerary, Booking documents or supplemental forms attached thereto.
- The Participant shall, prior to commencement of the relevant Itinerary, Adventure Activity or Travel Services, fully and accurately disclose all relevant medical conditions, allergies, medications, physical limitations, prior injuries, health concerns or other circumstances which may reasonably affect the safety, feasibility or suitability of participation in the relevant Booking or Travel Services, including all disclosures required under the medical declaration forms, emergency information forms or fitness-related documents attached with the relevant Booking or Itinerary.
- The Company reserves the right to deny, restrict, suspend, or terminate participation in any Booking, Itinerary, Adventure Activity, or Travel Services in the event the Participant is considered medically unfit or is reasonably believed to pose a risk to themselves, other Participants, representatives of the Company, or the operational integrity of the relevant Travel Services.
- Any costs, charges, or expenses incurred in relation to medical treatment, rescue operations, evacuation arrangements, emergency transportation, hospitalization, accommodation extension, medication, porter support, or any emergency assistance required during or arising out of the itinerary or activity shall be borne solely and exclusively by the Participant, and the Company shall not be responsible for bearing or reimbursing any such expenses.
- In emergency situations, the Company may arrange necessary assistance; however, the Company does not guarantee the availability of rescue, medical infrastructure, or evacuation services.
- PARTICIPANT CONDUCT
- The Participant shall maintain appropriate conduct, discipline, cooperation, and respect towards fellow participants, local communities, service providers, and representatives of the Company throughout the duration of the Travel Services.
- The Company reserves the absolute right to suspend, remove, deny or terminate the participation of any Participant whose conduct, behaviour, actions, or omissions are considered by the Company to be unsafe, disruptive, unlawful, abusive, intoxicated, environmentally harmful, non-cooperative, or otherwise prejudicial to the safety, comfort, operational integrity, or overall experience of the itinerary, group, or services.
- No refund or compensation shall be payable in such cases.
- Participants shall respect local customs, traditions, religious sentiments, heritage sites, and community practices while participating in the Travel Services.
- FORCE MAJEURE
- The Company shall not be held liable or responsible for any delay, disruption, deviation, modification, postponement, interruption, cancellation, loss, injury, damage, inconvenience, or additional expense arising directly or indirectly on account of any Force Majeure Event or any circumstances beyond the reasonable control of the Company.
- In the event of any Force Majeure Event or circumstances beyond the reasonable control of the Company, the relevant Booking, Itinerary, Adventure Activity, transportation arrangement, accommodation arrangement or Travel Services may be modified, postponed, rerouted, rescheduled, suspended or cancelled without prior notice, subject always to the operational advisories, rerouting protocols, emergency measures or itinerary-specific conditions communicated or attached by the Company in relation to the relevant Booking or Travel Services.
- Any additional costs arising due to Force Majeure circumstances shall be borne by the Customer unless otherwise agreed.
- LIMITATION OF LIABILITY
- To the fullest extent permissible under applicable law, the aggregate liability of the Company arising out of or in connection with any Booking, Itinerary, Travel Services, Adventure Activity, experience, arrangement, or related services shall not exceed the amount actually received by the Company from the Customer in relation to the relevant Booking giving rise to the claim.
- Without prejudice to the generality of the foregoing, the Company shall not be liable for any indirect, consequential, incidental, special or remote losses or damages, including loss of opportunity, emotional distress, reputational harm, loss of enjoyment, business interruption, loss of profits or any similar claims arising directly or indirectly in connection with the services, itinerary, booking or participation.
- The Customer acknowledges that travel activities inherently involve variables outside the Company’s direct control.
- INTELLECTUAL PROPERTY AND MEDIA CONSENT
- The Company may capture photographs, videos, recordings, testimonials, and media content during the course of the Itinerary, Adventure Activities, events, tours, treks, expeditions, experiences, or other Travel Services forming part of the Booking.
- Unless specifically objected to by the Participant in writing prior to the commencement of the relevant services, the Participant hereby grants the Company a non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, display, circulate and utilise such photographs, videos, recordings, testimonials and media content for lawful promotional, branding, marketing, social media, documentation and educational purposes.
- DATA PRIVACY
- The Company may collect, store, process, and utilise personal information and documentation, including but not limited to identity proofs, travel records, emergency contact details, medical disclosures, photographs, payment information, and other operational details for the purposes of booking management, operational coordination, regulatory compliance, emergency assistance, customer communication, and service facilitation.
- Such information may be shared with Third-Party Service Providers where operationally necessary.
- The Company shall take commercially reasonable steps to maintain the confidentiality and data protection of the Customers and the Participants.
- GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by and construed in accordance with the laws of India.
- Any dispute arising out of or relating to these Terms shall first be attempted to be resolved amicably.
- In the event the dispute remains unresolved within 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Kolkata, West Bengal.
- Subject to arbitration, courts at Kolkata, West Bengal shall have exclusive jurisdiction.
- MISCELLANEOUS
- Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force.
- Waiver: Any failure, delay or omission on the part of the Company in enforcing any provision, right or remedy under these Terms shall not constitute a waiver thereof, nor shall any partial exercise of any right or remedy prevent any further or subsequent exercise of the same.
- Entire Understanding: These Terms, together with the relevant Booking documents and any itineraries, invoices, declarations, waivers, advisories, supplemental conditions, or other documents issued by the Company in connection with the relevant Travel Services, shall constitute the complete and binding understanding between the Parties.
- Amendment and Modification: The Company reserves the right to amend, revise, update, modify, or supplement these Terms from time to time, and the updated version shall become effective upon publication, circulation, or communication through any recognized mode used by the Company.
- Electronic Acceptance: The Customer and/or Participant acknowledges and agrees that any electronic record, digital confirmation, OTP verification, online checkbox acceptance, website acceptance, digital registration, payment confirmation, e-mail confirmation, WhatsApp confirmation or any other form of electronic communication or acceptance in relation to the Booking or Travel Services shall constitute a valid, binding and legally enforceable acceptance of these Terms and all documents incorporated herein by reference.