Touch Kailash Travels and Tours - Australia
Please read and review our booking terms and conditions carefully before making a booking request for your trip with Touch Kailash Travels and Tours, as they set out our respective rights and obligations.
GENERAL BOOKING TERMS AND CONDITIONS
The following booking conditions form the basis of your contract with Touch Kailash Travels and Tours. By making a booking request, you acknowledge that you have read and understood the booking conditions as well as the specific day-to-day demands of your chosen tour and agree to be bound by them. These booking conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your trip and which we agree to make, provide, or perform (as applicable) as part of our contract with you, and you acknowledge that you have read, understood and agree to be bound by these booking conditions. The Traveller is responsible for making all payments when the booking is requested.
OUR SERVICES
Our terms and conditions apply only if you book your entire trip directly with Touch Kailash Travels and Tours, Australia. If you book through agents or third parties, their terms and conditions will apply, and you will be subject to their policies and guidelines. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control by co-ordinating with the Travels and Tours in Nepal and Tibet for Mount Kailash Yatra.
YOUR DETAILS
Passenger names must be provided exactly as per passport, including middle names, at the time of booking. A copy of your passport is required at the time of booking. Any spelling corrections made after a deposit is paid must be sent in writing. If you do not advise the correct information and we have to reissue other documentation, then you will be responsible for any fees charged in addition to our own reasonable administration fees.
YOUR OBLIGATION TO CHECK DETAILS
Please check your confirmation invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation invoice, or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within five days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits. but you must meet any costs involved in doing so. If you wish to change or cancel any arrangements later, you may have to pay an amendment or cancellation charge (See "Amendments by You" & "Cancellations by You" below).
PAYMENTS
Deposit: You are required to pay a non-refundable deposit of 20% per person to Touch Kailash Travels and Tours, Australia, within seven days of you making your booking request. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable, or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable. Please note that we reserve our right to change the price under various circumstances and our action will be reasonable and we are not liable to answer anyone for our actions during the contracted time. This will be advised at the time of quotation.
Balance Payment: The final balance of the travel arrangements is due no later than 90 days prior to the confirmed tour commencement date. You, the client must purchase the Air tickets as soon as possible after confirmation of your tour date, and we will not hold any responsible for your air ticket bookings. If we do not receive all payments due in full and on time, Touch Kailash Travels and Tours reserves the right to cancel your booking with further cancellation fees, and the deposit paid will not be refundable. (See "Trip Cancellations" column below).
Mode of Payment
You can make your payment deposited directly into the Touch Kailash Travels and Tours Bank Account. Details of the bank account and method of payment will be provided along with the booking form.
AMENDMENTS BY YOU
We will endeavor to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfill, and for group departures, a transfer of a booking to a different departure is deemed a cancellation. You will also be required to pay any additional costs charged by Touch Kailash Travels and Tours oncethe booking is confirmed and then changed.
AMENDMENTS BY US
Prior to travel: Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a notable change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel: You acknowledge that the itinerary, modes of transport, accommodation, and/or the trip's inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
General: To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to force majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications. We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
RISK AND LIABILITIES
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
Fees apply for cancellation or postponing the trip
Cancellations or postponements of the tour must be sent in a written notice to Touch Kailash Travels and Tours at least 45 days prior to the trip departure date. The cancellation charge will be subject to and based on the prevailing market rates in each country at the time and it depends entirely on the policies of our counterparts in Tibet for the Mount Kailash Yatra.
Cancellations are also dependent upon other additional charges imposed from booking accommodation in overseas as referred to below from the date the written cancellation is received:
More than 90 days prior to departure; loss of deposit
45 days or less prior to departure; 50% of total cost
Any 'no show'; 100% of total cost
Please note, that for cancellations or postponements made within 45 days of the trip, 50% of the trip cost will be charged along with the 20% non-refundable deposit and an additional cost of USD 200.
Following the commencement of your tour, no refunds will be made for any services which you choose not to use or which you cannot use for any reason other than a reason within our control. If you are not fully and validly vaccinated against COVID-19 in the destination(s) where services are to be provided, and service providers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. If you are ordered into a period of quarantine by a government or public health authority as a mandatory directive for any reason and this requires you to cancel or amend your travel arrangements with us within 75 days of your departure date, Touch Kailash Travels and Tours will not be liable for any third-party costs, cancellation fees or prepaid arrangements such as (but not limited to) airfare bookings.
Flight delays/Cancellation
The Touch Kailash Crew will make every effort to ensure the journey is a successful and unforgettable experience. The Mount Kailash Yatra is conducted under the Chinese Authorities and Foreign Exchange Centre Tibetan Autonomous Region (FEC TAR). All tours to Nepal, Tibet, and Bhutan are conducted in strict accordance with the rules and regulations of the respective countries’ tourism boards. Flight delays and cancellations are common during dangerous weather, especially in remote areas such as Simikot, the Everest, and Annapurna region. While we undertake and strive to meet scheduled arrival and departure times, we cannot guarantee this. We recommend carrying extra money to cover the cost of accommodation, and food in case of delays. Touch Kailash Travels and Tours will not be responsible for any additional expenses and please plan accordingly.
Hence, Touch Kailash Travels and Tours will not be liable for any last-minute changes or cancellations of the trip due to unavoidable circumstances such as changes in the country’s rules and regulations, government restrictions, natural disasters, political instability, unforeseen circumstances, and emergency situations and evacuations, extra nights to stay, natural disasters, altitude sickness and rescue, flight cancellations or delays, illness or accidents, vehicle breakdown, etc that might occur. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
Force Majeure - General
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to, (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
If in our reasonable opinion, we (or our employees, contractors, suppliers. or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event, then we may at our discretion, choose to:
Reschedule your travel arrangements (in whole or in part); and/or
Cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate accordingly.
However, we will refund payments related to the canceled travel arrangements, less the following deductions:
(a) Unrecoverable third-party costs and other expenses incurred by us for the canceled travel arrangements
(b) Overhead charges incurred relative to the price of the canceled travel arrangements
(c) Fair compensation for work undertaken by us in relation to the canceled travel arrangements and the processing of any refund.
If we provide you with any alternative services or assistance where travel arrangements are canceled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.
HEALTH REQUIREMENTS
By Tibetan government rules, those aged 70 years and above are not permitted to travel in the Kailash region. Traveling in these regions is at your own risk and liability. We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot provide, then we may cancel your booking.
All customers are required to familiarise themselves with the health and vaccination requirements specific to the countries being visited. Any pre-existing dietary requirements, food allergies, disabilities, or medical, health, physical, psychological, or behavioral conditions (“health conditions”) must be discussed with your doctor to confirm your suitability for travel on your chosen tour.
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you suffer from a medical condition that may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
To the extent permitted by law, you agree and accept that Touch Kailash Travels and Tours accepts no liability or responsibility of any loss or damage incurred as a result of any pre-existing medical condition or health issue. We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
TRAVEL INSURANCE
Touch Kailash Travels and Tours highly recommends you investigate and secure travel insurance options that best suit your individual circumstances, including any applicable to pre-existing medical conditions and world events.
Therefore, we highly recommend obtaining comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations (airlift and emergency evacuations), and additional expenses, including adventure plus activities where trekking with a higher altitude from 4000 to 6000 meters above sea level.
The choice of insurer is yours and we strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from the time you make your bookings.
Regrettably, cancellation charges and fees cannot be waived. There can be no exceptions.
Please note that employees of any overseas or domestic company or staff of Touch Kailash Travels and Tours outside Australia are not authorized to give any guarantees or agreements to customers in respect of refunds or any other matters.
Travel Insurance and proof of coverage are required for travel bookings, it is strongly recommended and encouraged that you are adequately insured for the duration of your trip.
REFUSAL OF CARRIAGE
Touch Kailash Travels and Tours retains the right to remove customers from our group tours for reasons that impact the enjoyment or safety of other tour members, such as, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the tour, unsocial or unruly behavior, or the carriage of prohibited substances and materials. You will not be entitled to any refund for unused services, and you will be responsible for any additional costs you incur.
HOTELS
Hotel descriptions featured on our website are based on current hotel guides provided by suppliers. Any facilities described are subject to change at any time. Maps and photographs are included for general information only and may not necessarily reflect actual routings, locations, or services.
Touch Kailash Travels and Tours has made reasonable inquiries to verify that the descriptions and details are accurate but does not warrant that they are. We reserve the right to substitute hotels, vessels, and other forms of accommodation with properties or vessels of a comparable or higher standard.
ACCOMADATION POLICY
Throughout your journey, a variety of accommodation styles will be provided, ranging from simple local guest houses to standard hotels. Please note that service and efficiency may differ from what you might be accustomed to, as standards vary across regions.
In some locations, we stay in modest guest houses set in stunning landscapes. Rooms may be small and basic, and shared toilet and shower facilities may be the norm. For these stays, we recommend bringing a sleep sheet or sleeping bag, especially during colder months (winter/spring). While bedding is typically provided and cleaned regularly, rooms can be dusty and chilly.
For those seeking additional comfort during their stay in Kathmandu, hotel upgrades are available at an extra cost. Upgraded options offer enhanced amenities and services, depending on the selected hotel.
Please be aware that during your stay at Mansarovar and while completing the Parikrama, accommodations are extremely basic, with only essential facilities available.
This diverse range of accommodations reflects the unique and sometimes remote nature of the regions you will visit, offering an authentic experience of the local environment and culture.
TRAVEL DOCUMENTS
A passport with a minimum of six months validity and at least two blank pages upon return to Australia is required for customers traveling to all countries in our program. Non-Australian passport holders may incur additional fees and require additional documentation when the Chinese Authorities and Foreign Exchange Centre Tibetan Autonomous Region (FEC TAR) allows the process.
If we do not receive your passport copies at least 90 days prior to departure, you may be required to pay an additional urgent visa processing fee, which will be communicated to you at that time.
The traveler must take responsibility for documentation accuracy, passport validity, and purchase of additional required passport photos, the cost for sending passports to Touch Kailash Travels and Tours, and dispatch of documents rests with the customer. Touch Kailash Travels and Tours accepts no responsibility for any failure in this respect.
VISA PROCESSING
Touch Kailash Travels and Tours does not issue or assist with obtaining a Nepal Visa. This must be obtained either through the Nepal Embassy in Canberra or via an online application.
We only assist in submitting passports and application forms for Visa to Tibet for the group visa process that is to be issued by the relevant authorities. Touch Kailash Travels and Tours cannot guarantee that any visa will be issued by the relevant authority and accepts no responsibility if a visa application is refused.
Any cancellation fees or other expenses incurred by the customer due to the refusal of a visa will be entirely the customer’s liability. Relevant authorities may require additional documentation to approve your visa application. The cost of additional documentation or application forms is at the traveler’s expense.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you.
Any disputes between you and the Independent Supplier are to be resolved between you and them. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury, or delay attributable to the actions or omissions of an Independent Supplier.
Privacy Terms and Conditions Agreement
We are collecting your personal information so that we can process your booking. We will also keep you up to date with other Touch Kailash Travels and Tours offers and product information that may be of interest to you if you have consented to this. You can opt out of receiving information at any time if you choose to do so.
Any personal information you provide will be managed in accordance with Touch Kailash Travels and Tours privacy policy.
By signing this document, I acknowledge that I have read, understood, and agree to the terms and conditions provided by Touch Kailash Travels and Tours, Australia.
I am aware of the potential risks and agree that I am fully responsible and understand that failure to comply may result in additional fees and cancellation of services.
Signature: ___________________________
Name (Printed): _______________________
Date: _______________________________
Touch Kailash Travels & Tours
Sydney, Australia
ABN 15 126 495 669
E-mail: touchkailashaustralia@gmail.com