Terms & Conditions
of Ngoreme Tours
RESPONSIBILITY
Ngoreme
Tours will provide educational enrichment for trips as outlined in its
catalog and on its website (https://ngoremetours.com), operated by licensed, qualified
professional guides/approved tour operators, who are qualified to organize and
administer such escapades. Any such designated tour operator, its parent,
subsidiaries, and assigns, and their respective employees, affiliates,
officers, directors, successors, representatives, agents, and assigns
(collectively “Tour Operator”), in turn, acts only as an agent for any
transportation carrier, hotel, ground operator, or other suppliers of services
connected with specific escapades (“Other Providers”), and the Other Providers
are solely responsible and liable for providing their respective services. The
passenger tickets in use by the carriers will constitute the sole contract
between the carriers and the passenger; the carriers are not responsible for
any act, omission, or event during the time the participants are not aboard
their conveyances.
Ngoreme Tours, MEZO “Re-Engineering Today For A Better Tomorrow”, its
parent, subsidiaries, and assigns, and their respective employees, affiliates,
officers, directors, successors, representatives, agents, and assigns
(collectively “MEZO”) and the Tour Operator will not be held liable for (A) any
damage to, or loss of, property or injury to, or death of, persons occasioned
directly or indirectly by an act or omission of any Other Provider, including
but not limited to any defect in any aircraft, watercraft, or vehicle operated
or provided by such Other Provider, and (B) any loss or damage due to delay,
cancellation, or disruption in any manner caused by the laws, regulations, acts
or failures to act, demands, orders, or interpositions of any government or any
subdivision or agent thereof, or by acts of God, strikes, fire, flood, war,
rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or
any other cause(s) beyond their control. The participant waives any claim
against Ngoreme Tours and/or the Tour Operator for any such loss, damage,
injury, or death.
By registering for escapades with Ngoreme Tours, the participant
certifies that he/she does not have any mental, physical, or other condition or
disability that would create a hazard for himself or herself or other
participants. Ngoreme Tours and the tour operator reserve the right in their
sole discretion to accept, decline to accept, or remove any participant on escapades.
Ngoreme Tours and the tour operator reserve the right, without penalty, to make
changes in the published itinerary whenever, in their judgment, conditions
warrant or if they deem it necessary for the comfort, convenience, or safety of
the participants.
Neither Ngoreme Tours nor the Tour Operator will be liable for any air
carrier’s cancellation penalty incurred by the purchase of a non-refundable
ticket to or from the participant’s departure city. Baggage and personal
effects are at all times the sole responsibility of the participant.
TERMS AND CONDITIONS
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS
PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING
BETWEEN THE PARTICIPANT AND NGOREME TOURS AND/OR TOUR OPERATOR UNDER THIS
AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) THE
PARTICIPANT AND NGOREME TOURS AND THE TOUR OPERATOR WAIVE THE RIGHT TO BRING OR
PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE BE SURE
TO READ AND REVIEW CAREFULLY THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT”
BELOW. BY ACCEPTING THIS AGREEMENT, THE PARTICIPANT AGREES TO BE BOUND BY THE
ARBITRATION AGREEMENT.
Please Note: The applicable Terms and Conditions may vary from
those listed below based on the specific on-the-ground escapades selected by
the participant. A copy of the final Terms and Conditions applicable to each
participant will be sent in pre-program communications. If a court of competent
jurisdiction or an arbitrator holds that any provision is invalid or
unenforceable, such invalidity will not affect the validity or operation of any
other provision, and such invalid provision will be deemed to be severed from
this Agreement.
Basis of Pricing: All prices are (i) per person based on two
persons sharing a room or cabin unless otherwise noted, (ii) quoted in U.S.
dollars, (iii) estimates based on tariffs, currency values, airfares, and
third-party charges, and (iv) subject to change before booking. Notification of
the current price relevant to the escapades will be provided to the Participant
at the time of booking. After booking, if it is necessary to levy an additional
surcharge, Ngoreme Tours reserves the right to do so, and notification will be
given at the time of final invoicing.
Eligibility: Anyone under 13 must be accompanied by a
parent or guardian for the entire escapade. Some itineraries have minimum age
requirements—call for more information.
Included in Escapades Cost: Accommodations and meals as
indicated in the itinerary (B = breakfast, L = lunch, D = dinner); educational
materials; pre-departure information; entrance fees, excursions, and
sightseeing noted as included in the itinerary; all gratuities except those for
train or ship’s crew, unless otherwise noted on the itinerary page; ground
transportation during the Escapades; transfers to and from group flights where
applicable; services of Ngoreme Tours experts and/or local guides, lecturers, Escapades
leaders, and any other staff; and taxes, port charges, baggage handling, and
service charges. Please note: the “B, L, D” notations apply to the period
during the Escapades only and do not include any meals on flights to/from the Escapades.
Internal airfare is included in some international Escapades as indicated in
the itinerary.
Not Included in Escapades Cost: Air transportation and related
fees (except as indicated in the itinerary); activities noted as optional in
the itinerary; gratuities for train or ship’s crew, unless otherwise noted on
the itinerary page; passport, visa, and permit expenses; medical expenses and
immunizations; baggage/accident/cancellation insurance; personal expenses, such
as laundry, telephone calls, and alcoholic beverages; and any other items not
specifically noted as included.
Single/Shared Accommodations: A limited number of single
rooms/cabins are available at an extra cost on a first-come, first-served
basis. Ngoreme Tours and/or the tour operator will assist persons requesting a
roommate. The participants will be notified if a suitable roommate is not
available, in which case the single rate will be charged.
Payments, Cancellations, and Refunds:
Advance Deposit:
·
Escapades of 6 days or less: 50% per person
·
Escapades of
8–15 days: 75% per person
·
Escapades of
16+ days: 85% per person
Final Payment: Due 90 days before departure (credit/debit
card only).
Reservations may be canceled if full payment is not received 30 days
prior.
Bookings within 45 days of departure: full payment required upfront.
Cancellations (per person):
·
120+ days: Deposit forfeited (admin fee)
·
91–119 days: 100% of deposit
·
55–90 days: 50% of trip cost
·
54–20 days: 25% of trip cost
·
19–15 days: 10% of trip cost
·
<15 days: No refund
This policy also applies to pre- and post- Escapades extensions and
extra arrangements confirmed on any participant’s behalf. Any revisions made
within the Cancellation Period, such as a change in departure date or choice of
Escapades, are subject to this cancellation policy. Any airline tickets issued
are subject to the carrier’s refund policy. Arriving late or leaving an
On-Ground Program in progress, for any reason whatsoever, will not result in a
refund, and no refunds will be made for any unused portions of an On-Ground
Program. Ngoreme Tours reserves the right to cancel any Escapades because of
inadequate enrollment that makes the Escapades economically infeasible to
operate or because of good-faith concerns with respect to the safety, health,
or welfare of the participants. If an On-Ground Program is canceled before
departure, the tour operator will provide the participants with a full refund
of monies paid to the tour operator; except if the cancellation is due to a
significant event that makes it infeasible to operate the Escapades as planned,
in which case the tour operator will provide the participants with a refund
and/or credit toward a future Escapades equivalent to the amount paid to the
tour operator.
If Ngoreme Tours or the tour operator cancels the Escapades in progress,
the participants will receive a prorated refund based on the number of days not
completed on the Escapades. If a participant elects to leave an On-Ground Program
in their own volition, the participant will not receive any type of
refund. If Ngoreme Tours or the tour operator cancels the Escapades in progress
and the participant elects not to immediately return to his/her original point
of departure for the Escapades, or if the participant elects to leave an Escapades
in the progress of their own volition, the participant acknowledges and agrees
that (i) the participant shall be solely responsible for his/her travel plans
once he/she departs the Escapades, (ii) neither Ngoreme Tours nor the Tour
operator shall have any responsibility for or control over the participant’s
safety or activities once he/she departs the Escapades, and (iii) the
participant releases and holds harmless Ngoreme Tours and the Tour Operator,
from any costs, liability, loss, damage, injury, or death that may arise out of
the participant’s decision to not return to his/her original point of departure
from the canceled Escapades in progress. Except as outlined above, when Ngoreme
Tours cancels an On-Ground Program, Ngoreme Tours and the Tour Operator have no
responsibility for any expenses, including any non-refundable expenses,
incurred by the participants in preparing for a canceled On-Ground Program or
for any additional arrangements should the participants embark before the
scheduled group departure date.
Optional Excursions: If a participant elects to participate in any
additional activity or excursion that is not arranged or led by Ngoreme Tours
or the Tour Operator, neither Ngoreme Tours nor the Tour Operator shall have
any responsibility for or control over the participant’s safety or well-being,
and the participant releases and holds harmless Ngoreme Tours and the Tour
Operator from any costs, liability, loss, damage, injury, or death arising from
the participant’s decision to participate in such activity or excursion.
Trip cancellation insurance is available at an additional cost and is
strongly recommended. For more information about and to enroll in an option
available through Travel Insurance Services, visit the “Travel Insurance”
section of our website at https://ngoremetours.com.
Itinerary Changes: The itineraries and staff presented in the
catalog or on the website are subject to modification and change by Ngoreme
Tours or the tour operator. Every reasonable effort will be made to operate Escapades
as planned, but alterations may still occur after final itineraries are sent.
Documentation: Participants are responsible for obtaining any
documents required for their participation in the Escapades, such as a valid
passport, all visas, vaccination certificates, and any other documents. Failure
to obtain documents does not negate the terms and conditions, and any extra
costs incurred for rerouting due to travel without the necessary documents will
be the participant’s responsibility.
Health Requirements: Ngoreme Tours reasonably accommodates travelers
with disabilities on all of its trips, but not all trips may be suitable for
all travelers. Any physical condition, diet, or treatment requiring special
attention must be reported in writing when the reservation is made. Walking and
climbing stairs are required in many hotels and airports to board an aircraft
and for many excursions. If the participant requires a slower pace, extra
assistance, or the use of a cane or walking stick, arrangements may be made for
private touring at each destination, if necessary, at the discretion of our
on-ground program staff. Depending upon the nature of the arrangements, extra
costs for such arrangements may be the responsibility of the participant. If the
participant would like to forgo some of the scheduled sightseeing to rejuvenate
and relax, he/she may feel free to do so at any time. Please call Ngoreme Tours
for further details if you require special accommodation to participate in this
on-ground program. Ngoreme Tours encourages participants to consult a doctor
for specific medical advice about any activities or destinations. Certain escapades
require that each Participant obtain his/her physician’s approval to join the escapades,
and in those cases, Ngoreme Tours will send the Participant a form for his/her
physician to sign and return per instructions outlined in the pre-on-ground
program’s communications.
Medical Authorization and Coverage: In the event,
the participant becomes sufficiently incapacitated as to be unable
to direct his or her own care, there is no one on the Escapades who can direct the
participant’s care, and Ngoreme Tours is unable or does not have time to
contact the participant’s emergency contact, the participant, by registering
and paying a deposit for an Escapades, authorizes any medical treatment deemed
necessary in the event of any injury or illness while participating in the
activity including, but not limited to, X-ray, examination, anesthetic, medical
or surgical diagnosis, or treatment and hospital care which is deemed advisable
by, and is to be rendered under the general or specific supervision of, any
physician and/or surgeon licensed in India, or, if in a foreign country and no
physician licensed to practice in India is reasonably available, by a duly
licensed physician deemed competent to render the necessary care. In addition,
the participant certifies that they have medical insurance which will cover
personal accidents, medical expenses, medical evacuation, air ambulance, loss
of effects, repatriation costs, and all other expenses which might arise as a
result of loss, damage, injury, delay or inconvenience occurring to the
participant, or that in the absence of this medical insurance coverage, the
participant agrees to pay all costs of rescue and/or medical services as may be
incurred on the participant’s behalf.
Photography: Ngoreme Tours, the tour operator, and the Escapades
leader reserve the right to take photographs or videos during the operation of
any escapades or part thereof and to use the resulting photography, videos, or
recordings for promotional or commercial use. By making a reservation on an escapade,
the participant agrees to allow his/her likeness to be used by Ngoreme Tours, Ngoreme
Tours-authorized third parties, and the tour operator without compensation to
the participant. If the participant prefers that his/her likeness not be used,
he/she must notify Ngoreme Tours and/or the tour operator in writing before the
departure of the Escapades.
Copyright in all photographs, videos, and related materials created by
the participant (“On-Going Escapades Materials”) will belong to the participant
upon creation. The participant grants to Ngoreme Tours a non-exclusive,
worldwide, irrevocable license to use any Escapades Materials provided to Ngoreme
Tours and/or the tour operator in any media for the following limited purposes:
editorial use, promotion of this editorial use, promotion of Ngoreme Tours
travel escapades, or promotion of the mission of Ngoreme Tours, Mezo & its
subdivisions.
Assumption of Risk: By registering for escapades, the
participant acknowledges that he/she is aware that travel such as the escapades
he/she is undertaking involves potentially dangerous activities, some in remote
areas of the world, with a risk of illness, injury or death which may be caused
by forces of nature, illness, or by the willful or criminal conduct of third
parties or by terrorism. The participant further acknowledges that weather
conditions may be severe, adverse, and/or unpleasant, and that medical services
or facilities may not be readily available or accessible or consistent with
standards in India during some or all of the time during which he/she is
participating in the escapades, and that when available may not be of the
quality which exists in India.
Arbitration Agreement: (1) Ngoreme Tours and Tour
Operator (collectively “Tour Provider”), and the participant agree that any
disputes and claims that the participant and Tour Provider may have against the
other that arise out of or relate to this Agreement and the escapades,
including the breach, termination, enforcement, interpretation or validity of
this Agreement, including the agreement to arbitrate (the “Arbitration The
agreement”) and the scope or applicability of this Arbitration Agreement
(collectively, “Disputes”), including but not limited to the arbitrarily of any
Disputes, and even if the events giving rise to Disputes occurred before this
Arbitration Agreement became effective, will be resolved in a the binding,
confidential, individual and fair arbitration process, and not in court. The
participant and Tour Provider agree to give up the right to sue in court. The
participant and Tour Provider also agree to give up the right to have Disputes
heard by a jury and the ability to seek to represent, in a class action or
otherwise. The only exceptions to this Arbitration Agreement are that (i) the
participant and Tour Provider retain the right to sue in small claims court and
(ii) the participant and Tour Provider may bring suit in court against the
other to enjoin infringement or other misuses of intellectual property rights.
In the event of any dispute or difference between the parties hereto,
whether arising during the currency or after the completion of this Agreement,
or after the determination thereof (whether for breach or for any other reason)
regarding any matter or thing of whatsoever nature arising out of this
Agreement or in / connection therewith then such dispute or difference shall be
settled in accordance with provisions of the Arbitration and Conciliation Act,
1996, or any modification or any succeeding Act, through the Sole Arbitrator
mutually appointed by the Parties. The proceedings shall be conducted in
English, and the Seat of Arbitration shall be Dehradun. The decision of the
arbitrators shall be final and binding on the parties, and the cost of the Arbitration
shall be equally borne by the Parties pending the Arbitration proceedings.
Privacy Policy: Our privacy policy can be found at https://ngoremetours.com/privacy-policy/
Indemnity Bond: Kindly download our Indemnity bond, sign it, and share it to contact@ngoremetours.com before joining any of our Escapades.
Mailing List: If you are receiving duplicate catalogs, have
address updates, or would like to be removed from future Ngoreme Tours
mailings, please call +255-617227107 or email contact@ngoremetours.com.