Terms & Conditions
Last updated: July 20th, 2019
De Himalaya™ trademark of Travel Pinto Pvt. Ltd. (hereafter referred to as “De Himalaya™ “,”we”, “us”, or “our”) provides an online platform that connects Operators who have knowledge and experience with a particular travel destination or activity with 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 https://dehimalaya.com and any other websites through which De Himalaya™ makes 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 De Himalaya™.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OPERATORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR GROUP TOURS (DEFINED BELOW) AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH GROUP TOURS.
YOU UNDERSTAND AND AGREE THAT DE HIMALAYA™ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OPERATORS AND TRAVELERS, NOR IS DE HIMALAYA™ AN AGENT OR INSURER. DE HIMALAYA™ HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY GROUP TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Collective Content” means Member Content and De Himalaya™ Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Operator Service provider or Vendor” means a Member who creates a Listing via the Services. “Listing” means an Activity or Tour that is listed by an Operator as available for booking via the Services. “Member” means a person who completes De Himalaya™ ‘s account registration process, including, but not limited to Operators and Travelers, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “De Himalaya™ Content” means all Content that De Himalaya™ makes available through the Services, including any Content licensed from a third party, but excluding Member Content. “Traveler” means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in an Group Tour and is not the Operator for such Tour. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
De Himalaya™ reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of tours and activities (“Group Tours”). Such Group Tours are included in Listings on the Services by Operators. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Tour or create a Listing, you must either register to create a De Himalaya™ Account (defined below) or provide your email address. As stated above, De Himalaya™ makes available a platform or marketplace with related technology for Travelers and Operators to meet online, write reviews, search, compare, enter contests and arrange for bookings of Group Tours. De Himalaya™ is an operator of tours, activities or other Group Tours, is it also a provider of group tours or activities and De Himalaya™ owns, sells, resells, furnishs, provides, manages and/or controls any transportation, tour or travel services.
For any kind of visa, inner line permits, forest department or government permissions and tickets to entrance parks which are part of your itinerary, please check with the tour operator or plan them in advance. De Himalaya™ does not provide these services or checks any of these services. De Himalaya™ only facilitates ticket booking and does not take any guarantee of any kind of permissions or tickets required in course of your tour itinerary. In case you miss and do not have required documents due to which you are not able to complete your tour, De Himalaya™ or tour operator will not be liable for the act.
De Himalaya™ ‘s responsibilities are limited to:facilitating the availability of the Services and serving as the limited agent of each Operator for the purpose of accepting payments from Travelers on behalf of the Operator.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF GROUP TOURS. DE HIMALAYA™ CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY GROUP TOURS. DE HIMALAYA™ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
For Operators – Tour operators that wish to take advantage of De Himalaya™ services and sell their tours on the https://dehimalaya.com Global Marketplace need to first submit their application. De Himalaya™ reviews all sign up requests and assesses the compatibility of the tour operators’ product with the https://dehimalaya.com Marketplace. This review process can take up to 2 weeks as the product, company, market fit, bonding, safety and global reputation of the company is assessed. Upon reviewing the sign up request the De Himalaya™ team informs the operator whether or not working together is possible. De Himalaya™ reserves the right to decline the application at this stage, or any other, stage. If the first screening is positive, the operator will be asked to fill out a application form and submit it to the De Himalaya™ team. Once this form is accepted, processed and the application is confirmed by De Himalaya™. De Himalaya™ will guide the operator through the next sign up steps, which includes uploading tour listings, installation of tools like Facebook Applications and assists the operator wherever possible. Before De Himalaya™ can start driving bookings for the operator, the operator must agree to De Himalaya™ Terms and Conditions in writing via e-mail.
For Travelers – In order to access certain features of the Services and to book a Tour, you can create an account (“De Himalaya™ Account”) and become a Member. You may register to join the Services directly via the Site or Application using the link at the top of any page or as otherwise described in this section. You may also be able to register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your De Himalaya™ Account with Third Party Accounts, by either: providing your Third Party Account login information to De Himalaya™ through the Services; orallowing De Himalaya™ to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to De Himalaya™ and/or grant De Himalaya™ access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating De Himalaya™ to pay any fees or making De Himalaya™ subject to any usage limitations imposed by such third party service providers. By granting De Himalaya™ access to any Third-Party Accounts, you understand that De Himalaya™ may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Services via your De Himalaya™ Account and De Himalaya™ Account profile page. You agree that De Himalaya™ may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your De Himalaya™ Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or De Himalaya™ ‘s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your De Himalaya™ Account and your Third Party Accounts, at any time, by accessing the “Profile” section of the Services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
De Himalaya™ makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and De Himalaya™ is not responsible for any SNS Content. We will create your De Himalaya™ Account and your De Himalaya™ Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active De Himalaya™ Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. De Himalaya™ reserves the right to suspend or terminate your De Himalaya™ Account and your access to the Services if you create more than one (1) De Himalaya™ Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your De Himalaya™ Account, whether or not you have authorized such activities or actions. You will immediately notify De Himalaya™ of any unauthorized use of your De Himalaya™ Account.https://dehimalaya.com }performs regular backups on all servers to ensure critical files are never lost. However De Himalaya™ is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
Operators may create Listings. To this end, you will be asked a variety of questions about the Tour to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Group Tour and pricing and related rules and financial terms. Operators working with De Himalaya™ are responsible for making sure that their tour listings on the https://dehimalaya.com Marketplace are up-to-date so that Travelers who wish to book their tours are presented with correct information. Tour operators are responsible for updating their tour information – either manually using the De Himalaya™ Dashboard, or by supplying the De Himalaya™ team with a fully functional information over email. Listings will be made publicly available via the Services. Other Members will be able to book your Tours via the Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, a Tour in a Listing you postwill not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) andwillbe in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Group Tour included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues andnot conflict with the rights of third parties. Please note that De Himalaya™ assumes no responsibility for an Operator’s compliance with any applicable laws, rules and regulations. De Himalaya™ reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that De Himalaya™ , in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that De Himalaya™ does not act as an insurer or as a contracting agent for you as an Operator. If a Traveler requests a booking of your Group Tour and participates in your Group Tour, any agreement you enter into with such Traveler is between you and the Traveler and De Himalaya™ is not a party thereto.
Notwithstanding the foregoing, De Himalaya™ serves as the limited authorized agent of the operator for the purpose of accepting payments from the traveler on behalf of the Operator and is responsible for transmitting such payments to the operator, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Tour. Any member wishing to book tours included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as an operator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the group tour at your request or invitation, excluding the traveler. De Himalaya™ recommends that operators obtain appropriate insurance for their Tours. Please review any insurance policy that you may have for your tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers while participating in your group tour.
De Himalaya™ does not endorse any Members or any Tours. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from De Himalaya™ with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Operator against De Himalaya™ regarding the remittance of payments received from a Traveler by De Himalaya™ on behalf of an Operator, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms for Operators
If you are an Operator and a booking is requested for your Group Tour via the Services, you will be required to either confirm or decline the booking using De Himalaya™ ‘s Messaging System within the specified timeframe (which is generally within 24 hours of when the booking is requested, as determined by De Himalaya™ in its sole discretion) or the booking request will be automatically accepted. If you decide to decline a booking of an Tour within the specified timeframe, any amounts collected by De Himalaya™ for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. You understand and agree that once a Traveler requests a booking of your Group Tour, the price for such booking may not be altered after you confirm the booking without first obtaining the Travelers consent. If you have not yet confirmed the Traveler’s booking you can amend the price, details, add discounts, food funds, single supplements and other local payment so long as you advise the Traveler of these changes before you confirm the booking to allow Travelers to consent to your changes.
When a booking is requested via the Services, we may share with you the first and last name of the Traveler who has requested the booking. The Deposit amount displayed on the booking page is set by you. Where applicable, Taxes may be charged in addition to the Group Tour Cost. The Group Tour Cost and applicable Taxes are collectively referred to in these Terms as the “Total Cost”. The amounts due and payable by a Traveler solely relating to an Operator’s Group Tour are the “Tour Cost”. Please note that it is you and not De Himalaya™ which determines the Tour Cost and you agree this Cost will be exactly the same Cost stated on your website.
If the Departure is 60 days, unless otherwise stated on the tour page, or more from the booking date, De Himalaya™ will only collect the Deposit at the time of booking confirmation (i.e. when you confirm the booking within the specified timeframe). The Balance of Payment (defined as the Group Tour Cost minus the Deposit) will be automatically collected from the Traveler by us, 60 days, unless otherwise stated on the tour page, prior to the departure date, unless otherwise stated on the tour page. De Himalaya™ is only liable to pay to the Operator the payments collected from the Traveler minus De Himalaya™ ‘s Service Fee. If the Traveler’s Balance of Payment transaction fails on the due date, the Operator agrees to provide the Traveler with a grace period of 5 days to pay the Balance of Payment via De Himalaya™ ‘s E2B. If the Balance of Payment remains unpaid prior to the departure date the Operator may choose to cancel the Traveler’s booking where the Deposit will be forfeited. Or the Operator may choose to extend the grace period as the Operator determines. If a booking is found to be fraudulent by the De Himalaya™ Team, we will notify you and you must cancel any invoice to De Himalaya™ . After you confirm a booking, you are responsible for invoicing De Himalaya™ for the original tour price listed in the Dehimalaya.com tour listing at the point of booking request (which must correspond to the pricing on your website) minus Thrillophilia’s Service fee. Thrillophilia’s Service fee are displayed in your De Himalaya™ Dashboard. Invoices are to be emailed to [email protected] Himalaya™ .com. Invoices must have a payment due date of the 5th business day of the next calendar month after the tour departure date. Each tour booking must have its own invoice. De Himalaya™ will pay the Net Amount (defined as being the Group Tour Cost minus the Service Fee) to your nominated bank account. We are not responsible for delays in remitting Tour Fees, which can vary based on the bank, currency, location, etc. We are responsible for emailing the Traveler with a booking receipt for their payments. You are responsible for emailing any documentation, other necessary details and vouchers to the Traveler.
Appointment of De Himalaya™ as Payment Agent for Operator
Each Operator hereby appoints
De Himalaya™ as the Operator’s limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Operator. Each Operator agrees that payment made by a Traveler to De Himalaya™ shall be considered the same as a payment made directly to the Operator and the Operator will make the Group Tour available to Traveler in the agreed upon manner as if the Operator has received the Part Payment. In accepting appointment as the limited authorized agent of the Operator, De Himalaya™ assumes no liability for any acts or omissions of the Operator. Operators acknowledge and agree that De Himalaya™ reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that De Himalaya™ will provide notice of new fees via the Services, prior to implementing such new features.
Bookings and Financial Terms for Travelers
The Operators, not De Himalaya™ , are solely responsible for honouring any confirmed bookings and making available any Group Tours reserved through the Services. If you, as a Traveler, choose to enter into a transaction with an Operator for the booking of a Group Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Operator. Operators may not change the Tour Cost after a booking has been confirmed unless the Operator asks for your Consent (changes might include additional services that you request from the Operator). If a booking has not yet been confirmed by the Operator, the Operator may change the price, details, add discounts, local payments and other services requested by you but the Operator must notify you of this change and you must consent to this change before the Operator can confirm your booking. You acknowledge and agree that you, and not De Himalaya™ , will be responsible for performing the obligations of any such agreements, that De Himalaya™ is not a party to such agreements, and that, with the exception of its payment obligations hereunder, De Himalaya™ disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that De Himalaya™ is not a party to any agreements between you and the Operator, De Himalaya™ acts as the Operator’s payment agent for the limited purpose of accepting payments from you on behalf of the Operator. Upon your payment of amounts to De Himalaya™ which are due to the Operator, your payment obligation to the Operator is extinguished, and De Himalaya™ will remit to the Operator the difference between the Tour Cost minus the Service Fee (defined below). The secure payment provider that De Himalaya™ uses to process all payments is EBS or Esewa.
Service Fees only apply to Operators
In consideration for providing the Services, De Himalaya™ collects a service fee only from Operators (“Service Fees”). A Service Fee is made up of the based upon a percentage of the amount of the Group Tour Cost which is defined in the Operator’s De Himalaya™ T n C. Where applicable, Taxes may also be charged in addition to the Service Fee. Services Fees are deducted from the Group Tour Cost before remitting the balance to the Operator (please note that we will not be responsible for delays in remitting Group Tour Fees, which can vary based on the bank, currency, location, etc). Balances will be remitted by De Himalaya™ to Operators via cheque, direct deposit or other payment methods described on the Site or via the Application, in the Operator’s currency of choice, depending upon the selections the Operator makes via the Services. Please note that for any payments by De Himalaya™ , we will pay our bank’s costs and and you are responsible to pay your bank’s costs. More information on Service Fees can be found in your Dashboard by going to Profile > De Himalaya™ Package. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms Traveler Cancellations, Refunds and Complaints
If, as a Traveler, you cancel your requested booking by raising a ticket, if the Operator declines your booking request due to non availability which will automatically cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time (7-10 business days). You agree to pay De Himalaya™ the Deposit for any booking requested in connection with your De Himalaya™ Account if such requested bookings are confirmed by the Operator. Once your booking is confirmed and you have received email acknowledgement, what you have paid is non-refundable. If cancellation is made within 31 days to departure 100% of these costs will be forfeited. Cancellation of permits will result in the costs being 100% forfeited.
Neither De Himalaya™ nor the Operators selling their tours on De Himalaya™ .com offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveler due to no fault of De Himalaya™, or operators working with = “De Himalaya™ ” | , which shall include any termination of the traveler’s participation in the tour due to the traveler’s own fault, negligence or breach of these Terms.
All traveler complaints about their experience on tour will be passed onto the tour operator’s team to resolve. De Himalaya™ is committed to working with tour operators to achieve a high level of service. If the response time and/or response quality of the tour operator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, De Himalaya™ reserves the right to remove the operators’ tour listings from De Himalaya™ .com Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
Unforeseen Circumstances Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, De Himalaya™ will refund any Payment for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and the Traveler may receive an email or other communication from De Himalaya™ containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from De Himalaya™ , please contact De Himalaya™ at [email protected]
Cancellation in the Event of Inclement Weather
Certain Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Tour from taking place. As an Operator, if you need to cancel an Group Tour for reasons of inclement weather, you must contact the Traveler and De Himalaya™ (at [email protected] as early as possible. Subject to the Traveler’s consent, the Operator and the Traveler may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveler, please contact De Himalaya™ so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Traveler, if you have contacted De Himalaya™ as provided above and De Himalaya™ is unable to find you a replacement Group Tour, De Himalaya™ may refund the Payment for such booking to the Traveler within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. De Himalaya™ cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
As part of the Services, De Himalaya™ may provide a feature through which Travelers may view prices for various Listings in foreign currencies. You understand and agree that these views of prices are for informational purposes only and may not be the official local price for the Operator’s Listings. If you (as a Traveler) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of the Payment, if your booking is confirmed by an Operator. The currency in which you will be charged may be determined by De Himalaya™ based on the payment method you select and the location of the Group Tour in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Operator to receive payment, De Himalaya™ will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that De Himalaya™ has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because:although De Himalaya™ would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, De Himalaya™ would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date De Himalaya™ makes payment to an Operator.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Group Tours; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a De Himalaya™ Traveler or Operator; offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one De Himalaya™ Account or register for a De Himalaya™ Account on behalf of an individual other than yourself; contact an Operator for any purpose other than asking a question related to a booking, such Operator’s Group Tours or Listings; contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Services; when acting as a Traveler or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to De Himalaya™ , without De Himalaya™ ‘s prior written approval (for clarity and without diminishing any of = “De Himalaya™ ” | ‘s rights to enforce these Terms, De Himalaya™ may cancel such offending Member’s De Himalaya™ Account, permanently block such Member from access to the Service, and take any legal action De Himalaya™ deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Operator or Traveler and then complete a booking of an Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to De Himalaya™ ‘s provision of the Services; as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that:infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;is fraudulent, false, misleading or deceptive;is defamatory, obscene, pornographic, vulgar or offensive;promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, De Himalaya™ ‘s name, any De Himalaya™ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without De Himalaya™ ‘s express written consent; access, tamper with, or use non-public areas of the Services, De Himalaya™ ‘s computer systems, or the technical delivery systems of = “De Himalaya™ ” | ‘s providers; attempt to probe, scan, or test the vulnerability of any De Himalaya™ system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by De Himalaya™ or any of De Himalaya™ ‘s providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Austria and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of De Himalaya™ and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
De Himalaya™ Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, De Himalaya™ grants you a limited, non-exclusive, non-transferable license to (i) access and view any De Himalaya™ Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by De Himalaya™ or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to De Himalaya™ a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. De Himalaya™ does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to De Himalaya™ the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or De Himalaya™ ‘s use of the Member Content (or any portion thereof) on, through or by means of the the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to NPR 10,00,000.
De Himalaya™ Promo Codes
De Himalaya™ may offer Promo Codes from time to time providing credits for bookings made on De Himalaya™ .com and unless otherwise stated they have an expiry period of 30 days and are limited to one Promo Code per booking. Promo Codes can only be used for bookings for tours and the same basis as outlined in the section: Only one Promo Code can be added/used per booking and they may be combined with Referral Credits.
De Himalaya™ Gift Cards
De Himalaya™ enables anyone to purchase a Gift Card for varying currencies and denominations either for themselves or as gifts for friends and family. De Himalaya™ ‘s Gift Cards may be used for any tour that can be booked and paid for on De Himalaya™ .com. Unless otherwise specified or stated, multiple Gift Cards can be used when booking a tour; To purchase please visit De Himalaya™ Gift Card page and follow the prompts. People who receive a Gift Card need only to enter the Gift Card code into the field of the tour booking page. Gift Cards can be used for any bookings made where there is a balance remaining however Gift Cards cannot be used where the full amount has already been paid. Gift Cards are only valid for new bookings made after 1st July 2019. De Himalaya™ reserves the right to run Special Gift Card offers. Unlike standard priced Gift Cards, only one of Special Offer Gift Card can be used per booking and these can only be used on new bookings.
The Services may contain links to third-party websites or resources. You acknowledge and agree that De Himalaya™ is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by De Himalaya™ of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of De Himalaya™ used herein are trademarks or registered trademarks of De Himalaya™ . Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [email protected] You acknowledge and agree that all Feedback will be the sole and exclusive property of De Himalaya™ and you hereby irrevocably assign to De Himalaya™ and agree to irrevocably assign to De Himalaya™ all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At De Himalaya™’s request and expense, you will execute documents and take such further acts as De Himalaya™ may reasonably request to assist De Himalaya™ to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
De Himalaya™ respects copyright law and expects its users to do the same. It is De Himalaya™ ‘s policy to terminate in appropriate circumstances the De Himalaya™ Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted. For more details please click on this link
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DE HIMALAYA™ DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DE HIMALAYA™ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
DE HIMALAYA™ MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DE HIMALAYA™ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DE HIMALAYA™ OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELERS. YOU UNDERSTAND THAT DE HIMALAYA™ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. DE HIMALAYA™ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY DE HIMALAYA™ OR TAKE PLACE DURING AN GROUP TOUR. NOTWITHSTANDING DE HIMALAYA™ ‘S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE OPERATORS, DE HIMALAYA™ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY GROUP TOURS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER DE HIMALAYA™ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DE HIMALAYA™ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL = “DE HIMALAYA™ ” | ‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY = “DE HIMALAYA™ ” | TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN = “DE HIMALAYA™ ” | AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to release, defend, indemnify, and hold De Himalaya™ and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected withyour access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;your Member Content; andyourinteraction with any Member,booking of an Group Tour,creation of a Listing orthe use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by Austrian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Austrian embargoed countries.
If you participate in an Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone whoengages in offensive, violent or sexually inappropriate behaviour,you suspect of stealing from you, orengages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to De Himalaya™ by contacting us with your police station and report number at [email protected] provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between De Himalaya™ and you regarding the Services and Collective Content, and any bookings or Listings of Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between De Himalaya™ and you regarding bookings or listings of Tours, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without De Himalaya™ ‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. De Himalaya™ may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by De Himalaya™ via email (in each case to the address that you provide) orby posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Nepal, Democratic Republic of Nepal Jurisdiction, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Nepal, Democratic Republic of Nepal for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
The failure of De Himalaya™ to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of De Himalaya™ . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
Contacting De Himalaya™
If you have any questions about these Terms, please contact De Himalaya™ at [email protected]