STATEMENT OF AGREEMENT
10thGate LLC (us/we/our/Company) acts as an Agent on behalf of local Suppliers. By booking a trip with us, you (yourself/ all fellow travelers who has given you authority to act as his/her agent in this matter /all minors under the age of 21 traveling with you) are deemed to have agreed to the "Statement of Agreement" (which constitutes the entire legal binding contract between you and us) and your booking will be accepted by us on this basis. Your acceptance of our "Statement of Agreement" is also your legal, binding, and unconditional acceptance of the other statements in this document, which constitutes Limitation of Liability, Assumption of Risk & Release of Liability, Binding Arbitration Agreement, Other Legal Considerations and the general Terms and Conditions as outlined by us. The services to be provided are those referred to in your booking confirmation invoice.
Booking your trip
(i) Once the final itinerary is sent and accepted by you, an invoice will be sent along with the Assumption of Risk & Release of Liability, Binding Arbitration Agreement and Other Legal Considerations.
(ii) Person making this reservation guarantee that he/she has been given the authority by all fellow travelers to act as his/her agent in this matter and he/she accept all responsibility for all consequences of the acceptance of this responsibility.
(iii) By processing the deposit, you are consenting to the use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign). By paying the deposit you and all persons listed on the invoice have acknowledged that you have read carefully, understand and agree to the participation as set forth in this "Statement of Agreement", concerning this tour which appears on the invoice page of your custom itinerary. When we have received these documents and any applicable payment(s) due at the time of booking (see d below), we will confirm your arrangements with our suppliers and subject to availability of the requested arrangements, we will send you a confirmation invoice within 72 hours. If a delay in receiving your Statement of Agreement prevents us from booking elements of your trip, such as hotel reservations, we may have to requote these elements and pass any associated costs on to you. The effective date of the contract is the final date that all parties have accepted the contract and any related payments have been received by us.
This confirmation contains the entire agreement between the parties and supersedes any and all prior confirmations or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this confirmation. No oral understandings, statements, promises or inducements contrary to or inconsistent with the terms of this confirmation exist. This confirmation is not subject to any modification, waiver, or addition that is made orally. This confirmation is subject to modification, waiver or addition only by means of a new confirmation that will be emailed to the passenger(s) of record of any agreed upon change.
Please check your confirmation invoice and all future travel documents carefully as soon as you receive them and contact us immediately if you think any details are incorrect. We cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 5 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.
(iv) As per our company policy, you have to deposit 30% of the total tour value (per person per tour) as a token of advance, in order to hold your reservation with our suppliers, which is subject to availability of the requested arrangements. The deposit required will be shown on the quote page of your custom itinerary. The deposit and all such additional payments are non-refundable unless we cancel your trip. However in special circumstances, if cancellation is done 15 days before the tour commencement date, then the initial non-refundable deposit can be applied towards new itinerary, however this is solely at the discretion of the Company and the third party suppliers. Remaining balance must be paid in full:
1. At least 2 days prior to your tour start date during non-high season dates.
2. At least 7 days prior to your tour start date during a high season period usually during Festival seasons in India (October & November dates vary depending on the year) or around Christmas and New Year's (December 20 to January 5).
Full balance payments should be before the tour start date. Please note if we do not receive all balance payments (including any surcharge and taxes where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all amounts paid or due at that date. If we do not cancel immediately because you still have promised to make payment, you still must pay the cancellation charges shown below based on the date we treat your booking as cancelled. The cancellation of the payment fee detail is mentioned below in the "Refunds and Cancellations" section (xxv).
(v) Full payment is required at the time of booking for all bookings made after balance due date as above.
(vi) Occasionally, in order to secure accommodation and other services (e.g. hotel reservations etc.), during high demands and/or peak seasons, certain suppliers may demand to make payment to them earlier than normal. This is a standard practice within the travel industry. Failure to comply with these requests may result in the loss of confirmed arrangements. During such special request by supplier, we reserve the right to ask you to make payment of the requested sum earlier than the balance due date. We will of course endeavor to avoid doing so if we can. Any such early payment will be nonrefundable.
(vii) Methods of Payment: Advance deposit and balance payments can be made through our online payment portal from our website (www.luxuryindiatours.net). We use secure servers to process your electronic payments. We do not charge any service fee for accepting credit cards.
(viii) Travel Documents: In order for us to confirm your travel arrangements while booking a tour, we will need your credentials and correct information; that includes but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Following documents will be required after the confirmation invoice:
1. Passport copy
2. Visa copy (if India visa already acquired)
If you do not submit the required documents back to us before you travel you are subject to cancellation with no re-imbursement. Participants are solely responsible for obtaining their passports, required visas, vaccinations and other travel documents applicable for entry. Each traveler should ensure that their passports are up to date, do not expire for at least 6 months after the trip return date (a requirement to enter many countries), have two completely blank pages (for some countries) and have all necessary visas. We recommend that you keep a copy of your scanned passport (photograph page) on your email while traveling. It is your responsibility to ensure you have the correct documentation and visa stamp(s) for all sectors of your journey. You must do this yourself for each country you are visiting which requires a visa. For up to date visa requirements US citizens should visit www.travel.state.gov. Citizens of other countries should check with the relevant embassy in their own country. Although we do our best to provide the most current information in our correspondence, we do not guarantee the accuracy of such information and it is solely the traveler's responsibility to acquire their visa(s). Check with the appropriate consulate or embassy for the latest visa requirements. We advise you to get your Indian Visa anywhere between 1 to 3 months before your arrival in India. https://indianvisaonline.gov.in/visa/tvoa.html
(ix) Travelers Representations:
Health: It is essential that you see your physician before booking your trip and before traveling to make sure that you have taken all necessary health precautions. Some vaccinations require more than one visit with a period of weeks between injections. You should visit your physician at least 6 weeks before departure. For up to date medical advice we strongly recommend that you visit the Centers for Disease Control and Prevention (CDC) travelers' health page: www.cdc.gov/travel. Canadian citizens might also want to check www.bccdc.ca
If Mosquito bite avoidance: In many tropical countries, mosquitoes can spread diseases such as dengue, chikungunya, West Nile, malaria, yellow fever , Zika virus and Nipah virus. It is essential that you seek medical advice prior to travel, and especially if you are pregnant or have an underlying medical condition. When traveling there are several simple measures you can take to reduce your risk of infections spread by mosquitoes: wear suitable clothing and cover up at times of day when mosquitoes are active, use insect repellent on exposed skin, and use a mosquito net if sleeping in unscreened accommodation. It is important to seek prompt medical attention if you have a fever or display any other symptoms. If you become unwell on your return, make sure you tell your doctor about any trips abroad you have taken in the past year.
Deep vein thrombosis (DVT): The majority of international airlines now issue advice on how to lessen the risk of DVT; however, if you have any concerns, we recommend you consult your physician.
High altitude: Your itinerary may include sections where the altitude exceeds 10,000 feet (3,048 meters).We recommend that you review the altitude of your destination with your Country Specialist, and that you consult with your physician before confirming your booking.
Pre-existing medical conditions/persons with disabilities: You must inform us in writing at the time of the booking if you do have any disability or pre-existing medical condition, and whenever any change in the condition or disability occurs after you book the tour. We may request that you provide a letter from your doctor confirming your fitness to travel. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However we will do our best to discuss the feasibility of creating a tailor-made itinerary for you by taking into consideration your level of mobility. However, we will be unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by whoever the passenger is traveling with.
Special dietary requirements & other special requests: You must inform us in writing at the time of the booking of any special diets and other special requests you have. We will make every effort to notify the Service Providers (hotels, domestic airlines, trains etc.) of any reasonable requests but we make no promise that your request will be fulfilled. It may not be possible for special diets to be catered to in some of the featured destinations. A Service Provider's failure to carry out a special request does not constitute a breach of contract on our part.
The Traveler represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. We may request that you provide a letter from your doctor confirming your fitness to travel. We reserves the right to decline to accept anyone on a trip. We reserves the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other passengers on the trip.
(x) Applicable Laws: While traveling you are subject to the laws, customs and regulations of the nation that you are visiting, and the relevant local Governments in the areas where these services are rendered.
(xi) Air Transportation: International airfares are usually not included in the tour price. Please ask your tour consultant for domestic airfares quotes if you so require. We can arrange independent agent, who will arrange the best-priced airfare available in the class category you request at the time of your booking. Independent agents will not be in position to confirm domestic air reservations until a passport copy is received for each traveler. All airfares are subject to change and can attract penalties and surcharges until final payment has been made. Local airfare when shown separately is separate and not part of the tour cost. All times mentioned in your itinerary appear using the 24 hour clock. Times run from 00:00 to 23:59, i.e. 4am would be displayed as 04:00 or 0400 hours, whereas 4pm would be displayed as 16:00 or 1600 hrs. Please be careful about time format time zones while booking a flight e.g. as many people will book a departing flight for the 4th thinking they are leaving on the 4th night, while it is actually early 4th am, with a check in on the 3rd night. Also the flight that departs India on the 4th morning will arrive in the US on the same day in most of the cases. To avoid any such confusion, we will need your international flight details once you have confirmed reservations. 10thGate will not accept any responsibility for mistakes or errors in airfare bookings made by you or independent third parties. Airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances. These programs may use the services of any IATA carrier. International carriers are subject to international air conventions, thereby limiting their liability. The limitations of liability are contained on the reverse side of the airlines ticket or e-ticket received, or on the carrier's website and form part of the terms and condition of this package. The passage contract in use by these companies, when issued, shall constitute the sole contract between the companies and the purchaser of these travel programs and /or passage.
(xii) Baggage: Weight restrictions may apply on internal flights which could be lower than international flights. Baggage and personal effects are at owner's risk throughout the travel program. Check with the airline for other baggage restrictions applicable to internal domestics and international flights.
(xiii) Prices: Quoted tour prices include planning, handling and operational charges, and are based on the current rate of exchange, tariffs and taxes. These are subject to change depending on international currency fluctuation, fuel surcharges, tariffs and taxes changes and/or inflation by the time one confirms the tour. Prices are based on currency exchange rates but at all times the exchange rate charged will be as per the US Dollar conversion since our contracts and prices are based on that currency. All rates quoted are per person, based on double occupancy, and in US dollars. Single occupancy rates are available upon request. We cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis. For a group, modification of program content to accommodate a smaller group size will not affect quoted tour price. We are under no obligation to give breakdown costs involved in any program. Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply.
(xiv) Price Inclusions: Our tour costs include hotel accommodations and all taxes and surcharges on them. All land transportation includes- air conditioned vehicle, English speaking driver, toll taxes, permits, parking, interstate taxes, fuel charges and driver allowances. Meals and daily breakfasts as listed in the inclusions of your itinerary. Will provide safe bottled water as per your needs, as well as the best English speaking guides and visit facilitators during your visit. All our tours include entrance fees to all the monuments on your itinerary. The above is an "overview and general idea". You should always refer to your "Tour Itinerary Inclusions" which is specifically for your tour plan.
(xv) Price Exclusions: Quoted tour costs do not include hotel stays before and after your tour, unless specified on your itinerary. Those costs can be quoted on request. Meals other than those specified in the tour itinerary. Gratuities to guides, chauffeurs or staff belonging to hotels, restaurants and airlines (none of which are mandatory if the availed services are part of the tour) are not included. Certain ancillary charges (including video and movie cameras) at some monuments and national parks, will incur additional charges that guests are responsible for. The cost of all personal items/ expenses such as laundry and dry cleaning, drinks and incidentals are not included. Visas and Passports fees, Travel insurance, International or internal flights unless specified, International airport taxes are not included. The standard check-in/ check-out time of most hotels are 1200 Hrs. (IST). The cost of Early Check-in/Late Check out is excluded in the tour cost. We can in some cases make it for you yet we can't guarantee you of such administrations without fail. It absolutely relies upon the hotel, area and their accessibility. Additional Uses of our Vehicle after the booked touring is excluded in your visit cost until and unless it is specified in your agenda. Please refer to your "Tour Itinerary Exclusions" which is specifically for your tour plan.
(xvi) Excursions/Optional Activities: We do not provide or arrange excursions other than those you have arranged with us and which are listed in your custom itinerary. Our local representatives or guides may put you in touch with local organizers of excursions if you request them to but we can have no liability for such excursions, as your contract for such excursions will be with a local company providing the services and not with us. You also acknowledge that additional waivers may be required by local tour providers in order to participate in certain activities during your trip and you are willing to provide those waivers on request.
(xvii) Small groups & Combination trips: Our trips are guaranteed to depart once they have one fully paid traveler unless minimum group size specifically states otherwise. This means at times we can have groups with small numbers of travelers. Many of our trips are designed to fit with other departures to create a longer "combination" trip; this means that some of your group may have already been travelling together for some weeks when you commence your trip. If you would like to know how many people are booked on your trip or any combination trip it is part of, please ask prior to making your booking.
(xviii) Promotional Photography: We reserve the right to take photographs during the operation of any program or part thereof and to use them for advertising and promotional purposes in any medium we choose. By booking a tour with company, tour participants agree to allow their images to be used in such photographs. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. Those who prefer that their images not be used are asked to identify themselves to the tour director/tour guide at the beginning of their program.
(xix) Gratuities: Gratuities are not included in the tour price and are entirely at the discretion of the traveler and should be based on the level of satisfaction with the service received. Recommended guidelines are sent to you along with your pre-tour documentation.
(xx)Local shopping: We would offer you some basic information about where to shop, which can ease your shopping experience. It is often possible that third party vendors/suppliers/service providers (guides, escorts, chauffeurs and even the luxury hotels) work within contracted commission structures and are being paid commissions by their recommended stores. This can increase the price but might avoid stressful shopping environment. However, we would encourage you to use your best judgment to avoid stressful shopping environment and get best negotiation rates. We will perform no functions, or accept any responsibility for, purchases made at any of these stores recommended by these independent third parties/suppliers/service providers. In case of a disagreement between one of our guests and these stores, we will do our best to ensure a timely and equitable resolution. However, these efforts do not obligate us to offer any compensation for a real or perceived loss (of any kind) that a guest may experience in their dealings with these stores. We also do not expressly warranty the products or services.
(xxi) Alcohol /Drug Policy: 10thgate has a zero tolerance rule for possession or drinking of alcohol for any participants under the age of 21 and/or possession or use of any illegal drug or drug paraphernalia by any participant. Any guest violating this rule is subject to immediate expulsion from the trip. In any such case, guest waives any claim for any refund of any portion of the trip cost.
(xxii) Travel Insurance: Currently we do not sell any travel insurance, however, for your protection, we strongly recommend that you purchase insurance that provides adequate coverage for medical expenses, personal accident, lost luggage and a reduction in or cancellation of trip. In the event that you must cancel your participation in a travel program, trip cancellation insurance may be the only source of reimbursement. Please note that there are exclusions to coverage of insurance. It is your responsibility to be familiar with the insurance coverage purchased and ensure that the coverage meets your travel needs. To ensure the most complete coverage during the dates of travel, insurance must be fully paid for at the time of booking. Also, please bear in mind that cancellation of a tour requires a large amount of documentation which covers each hotel and ground service segment of your tour that got canceled. Check with your travel agent as to what conditions and charges apply if you cancel your hotel, flight and/or land reservations.
(xxiii) Your Payments are protected: 10thGate LLC transfers all guest payments into a trust account with Chase Bank. All guest payments go directly to this account. From there, payments are disbursed to the suppliers/vendors providing different services during your upcoming visit. You personally guarantee that you will not dispute the Credit card charge for any reason other than 10thGate failure to deliver services. Your opinion of quality of service will not constitute failure of delivery by 10thGate. You have read and understood the cancellation terms in the "Statement of Agreement" and promise to abide by them if you choose to cancel for any reason whatsoever.
(xxiv) Financial Liability of 10thGate Tours: 10thGate LLC's liability in any and all cases will be limited to a refund of the payments made directly by you to us, and are subject to our cancellation and refund policies.
(xxv) Refunds and Cancellations:
Flights Delays and Cancellations: We strongly recommend that you secure travel insurance for your time in Indian Sub-continent. Company will not be liable for any flight delays due to weather or technical issues or any natural calamities. If your international arrival is delayed, there are no last minute refunds for missed hotel nights. We will do our best to make, as per your request, however in the event of new arrangements being made you will be liable for any increase cost of booking. As a basic principle, no refunds will be paid to guests.
Balance not paid in full: Please note if we do not receive all balance payments (including any surcharge and taxes where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all amounts paid or due at that date. If we do not cancel immediately because you still have promised to make payment, you still must pay the cancellation charges shown below based on the date we treat your booking as cancelled. The cancellation of the payment fee detail is mentioned below in the cancellations section.
If you change your trip: If, after the contract between us has come into existence, you want to change your itinerary we will pass your request on to the relevant supplier. We will try our best to accommodate your requests, however we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred only if incurred by any of our suppliers, for example cancellation charges that may be incurred for sectors cancelled.
If you cancel your trip: If you have to cancel part of the booking or cancel the entire booking once it has been confirmed by us, written notification must be sent to us via email. As proof of receipt by email, of your notification to cancel, you must receive and retain written acknowledgement from us. Charges will be applied from the date your email is received, as per the cancellation of the payment fee detail mentioned below. The charges are applied as a percentage of the total invoice amount excluding any amendment charges and any amounts paid in addition to the deposit at the time of booking or before balance due date.
Non-Transferable: All tours are non-transferable: the original booking passenger(s) must use their respective amount(s) and cannot be transferred from one passenger (in whose name it is issued) to another passenger.
Alterations or cancellations by you after commencement of travel and unused services: We will do our best to implement any changes to your arrangements, as per your request, once they have commenced, but we cannot guarantee this will be possible. In the event of such amendments being made you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves. As a basic principle, no refunds will be paid to clients who do not complete a trip. However where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this on to you, less any administration charges. If you have taken out travel insurance you may, depending on the details of your policy, be able to recover the cancellation charges.
Luxury Train Tours cancellation: In case of luxury train tours, river cruises, package airfares, etc. the cancellation policy of the Railway Authorities or concerned departments /companies / airlines will apply.
Cancellation Fees: Please note, different cancellation charges apply in relation to certain products during high demand and peak seasons – please see your confirmation invoice for details. Cancellations received prior to final payment will incur loss of initial non-refundable deposit (adults and children). This goes towards costs of making your preliminary reservations, itinerary design & administrative costs. You also confirm that in the case of no deposit being made for a confirmed tour and / or balance not paid before the tour commencement (for whatever reasons like the special arrangement could be credit card guarantee, etc.) that gets cancelled, the above will still apply and you would send us the cancellation charges on good trust or the credit card guarantee will be charged. Following cancellation schedule will apply depending upon Time period and Balance paid in full or not:
Final balance NOT PAID in full
Cancellation : 14 Days or Less before Tour Start date.
We will retain 100% Deposit paid by you in connection with the booking.
|Period before tour start date within which written notification is received at our offices||Cancellation Penalties (per person, as a percentage of the total invoice amount)|
|Final balance NOT PAID in full before Tour Start date||Tour will be cancelled &We will retain 100% Deposit paid by you in connection with the booking.|
|Final balance NOT PAID in full
Cancellation: 15 Days or More before Tour Start date.
|Partial amount of Deposit paid by you MAY be applied towards new booking. **|
|Final balance PAID in full
Cancellation: 8 Days or More before Tour Start date.
|We will retain 100% Deposit amount (30% of Total tour value) paid by you in connection with the booking.|
|Final balance PAID in full
Cancellation: 7 Days or Less before Tour Start date.
|We will retain 100% Full amount paid by you in connection with the booking.|
** Note: In some special circumstances, if cancellation is done within 15 days or more before the tour commencement date, then the initial non-refundable deposit can be applied towards new itinerary, however this is solely at the discretion of the Company and the third party suppliers.
If we change your trip: We start planning the trips we offer many months in advance. Occasionally, we have to make changes to itineraries, hotels and other details both before and after bookings have been confirmed. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so. Hotels and flights can get over-booked or fail to provide contracted services for other reasons. We reserves the right to substitute equivalent grades of accommodations and switch travel itineraries around to respond to these situations, although for our Hotel reservations this is highly unusual and occurs less than 0.1% of the time. Weather related issues and technical problems do occur on occasion. However, we will only cancel your confirmed booking after balance due date where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of "force majeure" as defined herein. We will not cancel after this date for any other reason. We will do our best to keep to the itinerary you choose. If circumstances beyond our control force us to deviate from the original plans, we will provide you with a choice between comparable values and a refund of the relevant fees.
Surcharges: We reserve the right to impose surcharges up to 45 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, tariffs or if government action should require us to do so. We give you opportunity to choose one of the following options:
1. Once we have received your deposit you would be given the opportunity to pay in full to avoid a price increase (should it occur).
2. If any surcharge results in an increase of less than 10%, we will be responsible for the increase in any amount up to 2% of the tour price and you will be responsible for the balance.
3. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.
Force majeure: We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to "force majeure". "Force majeure" means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemics/pandemics or the threat thereof, adverse weather conditions, fire and all similar events outside our control. Under such conditions we always try to advice on the best route possible and we even consult you. It is to be noted that though we try our best, we do not commit any refunds whatsoever for unutilized services due to unforeseeable reasons like this. Yes, we do try our best in these cases and most of the cases. We will try our best to adjust the pre-paid part being changed with the new part but again we do not commit the same since most of the services will be pre-paid for to the suppliers like the hotels, transporter, guide, etc. and it is at the sole discretion of the suppliers. If we have not already paid for the services to the suppliers, than we do adjust the same too, but in lot of these circumstances, this becomes impossible – so please bear with us.
No Show: If Tour is cancelled within less than 7 days of tour start date, a cancellation is considered a "no show". Any guest that is not at their chosen starting point (airport, hotel or similar location) at the scheduled time, is considered a "no show". No Show's, as defined above, do not qualify for any refunds, for any part of their tour, except at the sole discretion of 10thGate, LLC.
Refunds: The Company shall disburse any applicable refund amount within thirty (30) days of the receipt of the request/instruction to cancel or change the tour as per the above cancellation terms. All payments for transportation, or travel service, not provided to the passenger shall be promptly refunded, in accordance with the agreed-to terms and conditions, unless the passenger otherwise instructs the Company in writing. In the unlikely event that we are unable to provide the tour package, we will process the refund of all your payments within three days from the day that we become aware of this inability. In the event of cancellation due to unforeseeable circumstances beyond our control (such as a natural disaster), Company will refund all your money within 30 days of cancellation, after adjusting for any unrecoverable payments already tendered to our suppliers, of which we will provide you with concrete evidence. However, during our past years of operations, we have never had to take such a step. All refunds are made using the same channel used for all receipts and under no circumstances a request will be entertained to use a different mode. This is to safeguard you and all financial institutions.
(xxvii) Complaints & Concerns: If you have a complaint during your trip please inform your tour director or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour. If a dispute arises between you and company, our goal is to resolve such dispute quickly and cost effectively. Before resorting to any other alternatives, you agree to first contact us directly to seek a resolution by going to customer service.
Limitation of Liability, Assumption of Risk & Release of Liability, Binding Arbitration Agreement, Statement of Agreement and Other Legal Considerations
Limitation of Liability
All trips and tours sold by us are subject to these conditions and the other general information in this booklet, brochures and custom itineraries. 10thGate LLC, its employees, shareholder, officers, owners, directors, successors, agents and assigns, (collectively "10thGate"), doesn't own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other 10thGate affiliated companies). All such persons and entities are independent contractors. As a result 10thGate is not liable for any negligent, omissions or willful act of any such person or entity or of any third person. 10thGate and its operators and agents neither assumes nor bears any responsibility or liability for injury, damage, financial or physical loss, accident, death, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to act of God or force majeure, illness, disease, inconvenience, irregularity or additional costs resulting directly or indirectly from any of the following causes: weather, quarantines, acts of war, civil disturbances, theft, government regulations, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or failure of any transportation mechanism to arrive or depart on time. All such losses must be borne by the traveler, and tour rates provide for arrangements only for the time stated. 10thGate reserves the right to change any itinerary at any time when it is deemed advisory for the safety of the guest or the group or to comply with government restrictions.
Assumption of Risk & Release of Liability
Assumption of Risks:
There are certain inherent risks in the travel of the type involved here, which can lead to inconvenience, illness, injury or even death. These include, but are not limited to, hiking, walking safaris, climbing injuries, altitude sickness, and in all trips with dangers of animals, insects or flora and forces of nature. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities leading to inaccessibility to medical attention and difficulty in evacuation from these remote locations in the case of a medical emergency. Infrastructure and other conditions in South Asia are not as advanced as the United States. Facilities for the handicapped are grossly inadequate, except for in a few select areas. Weather conditions may be severe, adverse and/or unpleasant. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. In order to partake the enjoyment and excitement of this adventure travel trip, you acknowledge you have read the description of the trip as it appears in the current 10thGate brochure, website, any supplements and itineraries relating to the trip, together with all information contained in this document and you acknowledge that you assume all such risks with regard to these possibilities.
Travel Advisories/Warnings and your responsibility:
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. It is the responsibility of the traveler to become informed about the most current travel information, advisories and warnings by referring both to the U. S. State Department's travel website at www.travel.state.gov/ or by phone at 1-888-407- 4747 and by accessing the Centers for Disease Control (CDC) website at https://wwwnc.cdc.gov/travel/notices. Citizens of other countries should check with the relevant embassy and state travel websites in their own country. In the event of an active State Department Travel Warning against travel to a specific location on your itinerary, 10thGate will reroute your trip to avoid that specific locale. If it cannot do so and if the traveler still chooses to travel to the locale of a warning, the traveler assumes all risk of personal injury, death or property damage that may arise out of or which relates to the type of events warned against.
By booking the tour with 10thGate, you acknowledge that you have voluntarily applied to participate on the trip (or a trip which you may change to), with the knowledge of the risks, hazards and uncertainty involved in travelling to these designated destinations in the itinerary. You also accept the responsibility for your own welfare and waive future claims against 10thGate for liability to the maximum extent permitted by law. You understand that 10thGate contracts with a network of operators in other countries through affiliate tour operators. These third party service providers are deemed qualified and experienced to the best of company's (10thGate) knowledge. You are also aware that additional waivers may be required by local tour providers in order to participate in certain activities during your trip.
Release of liability:
Besides looking after your comfort and enjoyment, we do our best to ensure that you travel, explore, and reside in a safe and risk free environment. However, 10thGate, is not responsible, in any sense of the term, for the safety, health, and/or condition, of any guests person, their wards, or their property. You, and each party traveling in your tour expressly acknowledge that you are cognizant of all risks of travel and arrangements for trips of this nature and fully disclaim, waive and discharge 10thGate (including its management and employees) from any and all liability, claims. damages, loss, or responsibilities (including damage to or loss of your property, or your injury or death) with regard to the proposed tour and/or visit, and arrangements made with respect there to, even if caused by the negligence of any airlines, transportation companies, hotels, restaurants, or any other party providing services or accommodations included in the tour/visit. 10thGate, will similarly not be liable for any claims, losses, damages for delayed or lost baggage or other property, or any loss of intangibles such as pleasure, or feelings of disappointment, distress, or frustration, whether mental or physical, which may have resulted from any act or omission of any other third party providing services to you during your tour/visit. You understand that 10thGate contracts with a network of operators in other countries through affiliate tour operators. These third party service providers are deemed qualified and experienced to the best of company's (10thGate) knowledge. Therefore, you fully release and hold 10thGate harmless from any and all liability for all their acts or omissions. You also acknowledge that any assistance given by your guides or local representative in arranging any excursions/optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider. Additional waivers may be required by local tour providers in order to participate in certain activities during your trip and you are willing to provide those waivers on request. You further agree to fully release 10thGate from all and any liabilities to the maximum extent permitted by law and for all its costs, expenses, damages, etc. (including attorney's fees) arising from or attributable to any claims or actions arising from your travel with 10thGate. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Binding Arbitration Agreement:
Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the Responsibility Clause, to the brochure, or any information relating in any way to the trip, or to the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Massachusetts law and will take place in Tulsa, Oklahoma. The arbitrator and not any federal, state, or local court or agency hall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
By booking a trip with 10thGate, you are deemed to have agreed to all the "Booking Terms & Conditions", which shall be legally binding upon yourself, all fellow travelers who has given you authority to act as his/her agent in this matter and all minors under the age of 21 traveling with you, your heirs, successors, and legal representatives. Your acceptance of our "Statement of Agreement" is also your legal, binding, & unconditional acceptance of all other legal statements in this document, which constitutes Limitation of Liability, Assumption of Risk & Release Of Liability, Binding Arbitration Agreement and Other Legal Considerations concerning this trip and use of Company Website(s). You personally guarantee that you will not dispute the Credit card charge for any reason other than 10thGate failure to deliver services. Your opinion of quality of service will not constitute failure of delivery by 10thGate. You have read and understood the cancellation terms in the "Statement of Agreement" and promise to abide by them if you choose to cancel for any reason whatsoever.