These Terms and Conditions govern the relationship between you, the passenger, and us, Kashmir Himalayan Expeditions (acting on our own behalf and on behalf of Holidayplanners.biz). Upon receipt of your confirmation of booking as described in clause 2 below, you will be bound by these Terms and Conditions.  
Please read these Terms and Conditions carefully and make sure you understand your rights and obligations and our rights and obligations. 

1.         Definitions 

"We" or "Us" shall mean Holidayplanners.biz and or Kashmir Himalayan Expeditions.
"Our" shall mean Holidayplanners.biz' or Kashmir Himalayan Expeditions'.
"Tour" shall mean any holiday offered by Holidayplanners.biz or Kashmir Himalayan Expeditions in this website or in their brochure, unless otherwise defined.
"Deposit" is as defined in clause 2 below. 

2.         How to Book

Please book your required tour or stop-over  as soon as possible by sending a completed booking & payment form (please click here ) and the deposit mentioned below to Kashmir Himalayan Expeditions. The deposit required is US $200 per person (non-refundable) in the case of Tours and US $150 per person (non-refundable) for stop-overs (hereinafter referred to as the "Deposit") [these were Australian dollar figures used in the brochure, but we'll presumably be quoting in US dollars? So shouldn't the amount be a little less?]. To secure a reservation on a tour departing within 30 days [why not 8 - 10 weeks? See clause 4 below], full payment is required at the time of booking but please note that all are subject to confirmation at the time of booking. Upon our written confirmation (either by e-mail, fax or letter) of receipt of the completed booking form and correct Deposit/ payment as per this clause and clause 4 below the contract between you and Kashmir Himalayan Expeditions shall come into effect and be legally binding.  

3. Amendments

If, after a booking has been made, you wish to make changes to your itinerary, all assistance will be given to satisfy your requirements, subject to availability. If the request for change is received by us more than two weeks after receipt of the booking form (or less than 30 days before the date of departure) there will be an administration charge of $25 per amendment over and above the additional cost of the amended tour (if any). [If the amended tour is cheaper than the original tour the difference will be taken into account in calculating the total due under clause 4.]  Where the amendment includes changes to air tickets, any penalties resulting from such amendment after flights are ticketed will be your responsibility.  

4. Payment

Approximately [8/10] weeks prior to departure we shall send you the final invoice. Full payment, less the Deposit, shall be paid by you to reach us within two weeks of our sending you the final invoice (please click here )  Failure to make payment when it is due will result in cancellation (see clause 5 below).   

If you do not have a credit card, you can pay by telex transfer to our Account No: ............ (to be received in our account no later than 8 weeks prior to departure) and advise us of your remittance by e-mail or fax (fax number 00 91 11 51500769). We regret that personal cheques and bankers drafts cannot be accepted. 

are based on exchange rates as at October 2004. We reserve the right to vary these should any significant variation of costs of your Tour occur. Accordingly, the final invoice will include all, if any, surcharges notified to us by that stage (including but not limited to changes in exchange rates, airfares, cruise fares, park fees, taxes or fuel surcharges).   

However, if increase by more than 5% of the original total cost of the Tour at the time when we confirmed your booking, you will be free to cancel the booking free of charge within seven days of the date shown on the final invoice. In this case, and if your notice of cancellation is made in writing and received by us within seven days of our sending you the final invoice, all monies paid by you will be refunded without deduction.
In the event that a further payment is required by us after the date of submission of the final invoice due to further increases in costs of your tour [In the old version, you said that any increase in surcharges would be absorbed by us] we will notify you in writing as soon as possible. Failure to make this further payment within seven days of this request may result in cancellation (see clause 5 below). However, if the further payment results in the cost of the tour increasing by more than 10% of the original total cost of the tour at the time when we confirmed your booking, you will be free to cancel the booking free of charge within seven days of the date shown on the written notice of increase.
No refund will be given if the currency in which you pay improves in value against foreign currencies prior to your departure.  

5.         Cancellation and Refunds

All cancellations must be made in writing and sent to Kashmir Himalayan Expeditions either by e-mail to info@holidayplanners.biz or by fax (fax number 00 91 11 51500769).  The effective date of notification regarding cancellation will begin when the notification is received at our premises in writing. Where the cancellation includes cancellation of air tickets, any penalties resulting from such cancellation after flights are ticketed will be your responsibility. If you cancel your trip after receiving your tickets, you must return your tickets to Kashmir Himalayan Expeditions before your refund (if applicable) is processed.  

Cancellation charges are as follows:

- If you cancel your tour more than 8 weeks before the start of your tour you will forfeit 30% of the total Deposit  [really? or 30% of the cost of the Tour?]. We will refund the balance of the Deposit to you within 30 days of cancellation.
- If you cancel your tour within 8 weeks but more than 4 weeks before the start of your Tour you will forfeit 45% of the total Deposit  [really? or 45% of the cost of the Tour?]. We will refund the balance of the Deposit to you within 30 days of cancellation.
- If you cancel your Tour within 4 weeks but more than 7 days before the start of your Tour you will forfeit 60% of the total Deposit  [really? or 60% of the cost of the Tour?]. We will refund the balance of the Deposit to you within 30 days of cancellation.
- If you cancel your Tour within 7 days of the start of your tour you forfeit all monies paid.

6.         Documentation

All clients are responsible themselves for ensuring that they are in possession of a valid passport, visa, vaccination certificates (where required) and other necessary documents before their departure. We shall not be held responsible for any losses that result from clients not being in possession of the correct documentation. See the separate country pages for advice on visa, permit and vaccination certificate requirements  

7.         Possible Changes and Delays

It is our policy to make every reasonable effort to ensure that what is stated in our website is accurate, is followed exactly and that our subcontractors remain efficient and reputable. However, since we have no direct control of the day-to-day running of our subcontractors'  operations, we reserve the right to vary the itinerary and or hotels should there be any change to airline schedules and or local or other conditions that make it necessary to do so. We reserve the right to charge you with any additional costs that arise as a result of such variation in accordance with the same procedure as set out in clause 4 above. [does this give rise to the same right to cancel as if there are increases in surcharges/ changes to rates of exchange after/ before the date of final invoice?] 

8.         Costs/ matters which are not included in the tour cost

Visas, insurance, baggage allowance over 20kg, international extras, meals, laundry, porterage, drinks, souvenirs, all items of a personal nature, international and domestic taxes are not included in the Tour unless specifically stated to be included. 

9.         Luggage

All luggage and personal effects which you may have shall be at all times and in all circumstances at your own personal risk and you are advised to insure against loss or damage. We do not accept responsibility for the quality, value, reliability or authenticity of any goods purchased while on a Tour  (including where a shopping trip is included on your itinerary) nor are we liable in any way whatsoever for any arrangements you may make to post, ship or freight such purchases. 

10.        Insurance

It is a condition of booking a Tour that you and all persons on whose behalf you are making a booking are adequately insured for the full duration of the Tour in respect of illness, injury, death, loss of baggage, passport and personal items, cancellation and curtailment. Kashmir Himalayan Expeditions

 11.        Health

We require that all those travelling with us be in a general good state of health. If you have any  condition which may require medical or other professional attention during the Tour you must notify us in writing at the time of booking (or as soon as the condition develops, if after the date of booking). We will endavour to assist you in obtaining any such medical or other professional attention or special equipment but will not be responsible for the costs thereof, which shall be for your sole account. Under no circumstances are we responsible for the quality of medical care, or lack thereof, you may receive while on the trip even if we have provided assistance in finding a doctor or other professional.  If you require any special equipment during your Tour (wheelchairs, crutches etc), you must bring and be responsible for all necessary items related to your condition. If you intend to bring a wheelchair, it should be a small, collapsible wheelchair. Certain features, and certain trips, are not wheelchair-accessible. We cannot guarantee any wheelchair assistance or accessibility in international destinations. If you fail to disclose any such condition, we may decline to accept or retain any person as a member of a tour and in such event we shall have no liability, financial or otherwise.

 For those taking part in trekking expeditions we recommend that before departure they should partake in regular strenuous exercise including cycling, walking, swimming and running. Anyone suffering from muscular, chest, heart or bronchial disorders, asthma or high blood pressure is strongly advised against booking. If they still wish to make such a booking, they will be required to produce a certificate from their doctor stating that they are nevertheless fit enough to undertake the Tour they wish to book.  

If you/ your travelling companions are in any doubt about your medical condition or medical requirements, we recommend that you/ they consult your local doctor before making a booking. We advise you to leave sufficient time for arranging vaccinations and to take the medical precautions recommended for each country  
12.        Dissatisfaction

If you encounter any problem with any of the arrangements made by us on your behalf, please set out your concerns in writing and send them to us either by e-mail to info@holidayplanners.biz

13.        Advice to travellers

Asia is still developing and you should be prepared to accept standards of service, attitudes and efficiency of mechanical services which may not be quite the same standard in western countries. We strongly recommend that you brief yourself about the these regions by using material from our suggested book list. The more you know about the region, the more you are likely to be able to enjoy the holiday. 

14.        Liability

Holidayplanners.biz is a trading name of Kashmir Himalayan Expeditions which is the operator of the tours hereinafter referred to as the "Company". All arrangements for the provision of transport, accommodation and other travel-related services are made by the Company as agents only.  The Company does not own or operate any of the suppliers who provide the above services to it. The suppliers providing travel services for the Company's Tours are independent contractors and are not agents or employees of the Company. As such, the Company is not responsible for any negligent or willful act or failure to act of any supplier or of any third party. Neither the Company nor any person assisting or collaborating with the Company shall be liable for death or personal injury. The Company does not accept liability for loss of expense due to delay, sickness, excesses of weather, war, threat of war, civil strife or unrest, strikes or other labour activities, disasters, terrorist activities,  insurrection or revolt,  criminal activities of any kind, overbooking or downgrading of accommodation, technical problems with transport, closure of airports, acts of God or any other events outside the Company's control and any additional expenses as a result of the above muct be borne by the client.  We will, however, give you any support we can in making a claim against the responsible party, where we believe that you may have a claim against that party.

The Company reserves the right to cancel the Tour, change routes, timetables, itineraries and or accommodation if this is necessary in the case of force majeure or due to insufficient participation. If departure dates from destination and or the content of the Tour are materially altered by changes to schedules, routings, hotels or delays known prior to departure, the client has the right to cancel the Tour within seven days of such notification by the Company (such cancellation to be made in writing in accordance with clause 5 hereof) and, if so, to have all monies paid to the Company refunded.  

Air routings are subject to availability. Routings cannot be guaranteed, and are subject to change at any time. The Company is not responsible if an airline cancels or delays a flight nor is it responsible for any costs resulting therefrom. The Company will not provide any refund for portions of Tours missed due to cancelled or delayed flights.
The Company reserves the right to decline to accept or retain any person as a member of a Tour