TERMS & CONDITIONS
INTRODUCTION
As with any service, certain legally binding terms and conditions apply to Sikkim Birds’ services too. Please be sure to read this before availing of any of our services – don’t worry; the Terms and Conditions are written in simple English without excessive legalese. By availing of any of Sikkim Birds’ services, therefore, you implicate that you agree to the Terms and Conditions. We can’t see why you wouldn’t because they are entirely fair. Sikkim Birds shall, however, not be liable for any consequences arising out of your failure to fully read and understand the Terms and Conditions.
GENERAL INFORMATION
The terms and conditions (the “Terms”) on this website, https://www.sikkimbirds.com (the “Website”) are made available to the customer (hereinafter referred to as “You”, “Your”, “Yours”, “Customer”, “Customer’s”, “Participant”, “Participants” or “Participant’s”).
We are Sikkim Birds Tours and Travel, a company incorporated under the Sikkim Registration of Tourist Trade Rules, 2008 vide Serial No 1495 Registration No. 1495/DoT&CAv/E/22/TA Volume No. 1 Date 14/10/2022.
We are Sikkim Birds Tours and Travel, a company registered for GST (Goods and Service Taxes) for every business transaction having GSTIN 11DAUPS7228M1ZY
Our corporate office address is
M/s Sikkim Birds Tours & Travels;
Proprietor: Nisha Sharma; D/O: Tej Prasad Dhungel;
Village: Karmithang, Central Pendam;
Post Office: Upper Pendam BO, Rangpo; Police Station: Rangpo;
Pincode: 737132;
District: Pakyong, East Sikkim, State: Sikkim, India
(hereinafter referred to as “Sikkim Birds”, “Sikkim Birds'”, “We”, “Us” or “Our”).
These terms and conditions are subject to change. Sikkim Birds reserves the right to amend any part of the terms and conditions at any time without express or advance notice.
If you have any questions, complaints, or comments on the Website then you may contact us at info@Sikkimbirds.com, go to the “Contact Us” page on the Website or use the alternative modes of correspondence enlisted on that page.
PAYMENT TERMS AND CONDITIONS
A tariff in INR / Rupees / ₹ is applicable for Indian nationals only. A tariff in USD / $ is applicable for foreign nationals and non-resident Indians. Rates are based on the exchange value of local currency into USD and are therefore subjected to currency fluctuation of exchange rates based on the market and the Reserve Bank of India.
CANCELLATION POLICY:
- Full pre-payment is required at the time of reservation.
- If the reservation is canceled within 14 days of the date of arrival, 100% of the tour cost will be charged as retention.
- If the reservation is canceled within 15-30 days of the date of arrival, 50% of the tour cost will be charged as retention.
- If the reservation is canceled within 31-60 days of the date of arrival, 25% of the tour cost will be charged as retention.
To confirm your tour with M/s Sikkim Birds Tours and Travels, please make payment to the below-mentioned account
| Account No: 50200076410424 Account Holder: NISHA SHARMA Account Type: CURRENT Name of Bank: HDFC BANK LTD Branch: SINGTAM, EAST SIKKIM IFSC Code: HDFC0002958 |
Account No: 311201000000290 Account Holder: NISHA SHARMA Account Type: SAVINGS Name of Bank: INDIAN OVERSEAS BANK Branch: CENTRAL PENDAM, EAST SIKKIM IFSC Code: IOBA0003112 |
WEBSITE TERMS AND CONDITIONS
The website, www.sikkimbirds.com, is operated and owned by Sikkim Birds Tours & Travels. Sikkim Birds and the Sikkim Birds' logo are the exclusive registered trademarks of Sikkim Birds Tours & Travel.
We do not accept any liability for:
– damage to Your computer system or loss of data or other proprietary material that results from your use of the Website or in connection with your downloading of any material posted on it, or on any website linked to it, unless such damage results from our negligence; and
– any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium)
While we endeavor to correct any errors or omissions as soon as possible once they have been brought to our notice, we do not promise that the information on the Website will be free from errors or omissions.
We constantly seek to improve this Website and if the need arises, we may suspend access to the website. Accordingly, some of the material on the website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.
VACATIONS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Sikkim Birds Tours and Travels, (“Sikkim Birds”) arranges bespoke tours and vacations in Sikkim and abroad. You desire to avail of Sikkim Birds’ services in planning your customized vacation. In consideration of Sikkim Birds’ agreement to extend the service, you agree as follows:
You understand that you are required to read carefully and sign this Release of Liability, Indemnification, and Assumption of Risk Form (the “Release”) before Sikkim Birds can accept a deposit confirming your reservation. You understand that Sikkim Birds will assist you regarding passports, visas, and domestic/international health requirements, but you agree that it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Sikkim Birds recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance you may deem necessary for your travel.
AWARENESS OF RISK:
You are aware that adventure travel, photography tours, safaris, and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involve inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism, and other causes are known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours, safaris, and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips, and expeditions, in or outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Sikkim Birds purchases outsourced services, transportation services, hotel accommodations, and lodging, restaurant services, and other services from various independent contractors and suppliers, and therefore, Sikkim Birds cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You also know that medical services or facilities may not be readily available during the time you participate in this trip.
INDEMNIFICATION:
You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, adventure travel or photography trips/tours, safaris, and expeditions. In consideration of, and as part payment for Sikkim Birds’ offer to arrange your vacation, and the activities, services, and food arranged for you by Sikkim Birds, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless Sikkim Birds, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY:
In further consideration of, and as part payment for the Sikkim Birds’ offer to arrange your vacation, whether for adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for me by Sikkim Birds, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Sikkim Birds, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, arranged for you by Sikkim Birds, including but not limited to those described herein, and pledge not to sue Releasees on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the preceding obligation shall be binding upon you personally and your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH:
You certify that you are in good health, have no medical, mental, or physical conditions that affect your ability to travel and/or participate in adventure travel, photography tours/trips, and expeditions, and have not been advised otherwise by a medical practitioner. You acknowledge that Sikkim Birds is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION:
Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however, caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, the act of God, the act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in the Bangalore, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
REFUNDS, LEVIES AND OTHER RIGHTS:
Refunds or adjustments will be made or any additional charges may be levied if Sikkim Birds changes its program by adding, altering, or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Sikkim Birds cannot accept responsibility for any personal item lost or damaged by fire or theft. Sikkim Birds may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.
KNOWING AND VOLUNTARY EXECUTION:
You acknowledge that you have carefully read this agreement, understand its contents, and understand that this agreement includes an assumption of the risk of the released parties' negligence and a release of their liability. You acknowledge that Sikkim Birds Travel & Photography Pvt. Ltd., is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari, or expedition.
CANCELLATION AND REFUNDS:
In the event of a cancellation or modification of your confirmed booking, Sikkim Birds’ Cancellation and Refund Policy for Custom Vacations will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.
DELIVERY METHOD:
This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by Sikkim Birds. Sikkim Birds will not be responsible for any lapses in service or upset in schedule occurring due to your failure to adhere to the itinerary planned and approved by you before the commencement of travel and you agree that this does not constitute a breach of or insufficiency in service.