ISHKAR Explore Conditions Genérales
Last updated: 09 December 2019
Your contract is with ISHKAR EXPLORE LTD. trading as ‘ISHKAR Explore’, a company registered in England and Wales. Company number 12049610. The company’s registered address is 8 Love Walk, London, SE5 8AD. The company’s office is at Goldfinger Factory, 13-15 Golborne Road, London, W10 5NY.
The traveller or “you”: The person whose signature and details appear on the booking form.
The company or “we”: ISHKAR Explore Ltd.
The conditions of contract stated herein.
The specific itinerary for the tour on which the traveller has booked.
The application booking form.
Date of Departure: The date of commencement of the tour.
Force Majeure: Unusual and unforeseeable circumstances beyond the control of the Company, the consequences of which could not have been avoided, even if all due care had been exercised.
1. The Booking Form and Deposit
1.1 To make a booking for a group tour with the Company, the traveller must have direct contact with employees of ISHKAR Explore and submit a deposit of £500 ($640) per person through the website or by bank transfer.
1.2 We reserve the right, in some circumstances, to request interim payments where certain services such as flights have to be secured in advance.
1.3 The contract between the Company and the traveller will be final and binding on both parties with effect from the date that the Company issues a confirmatory notification, on receipt of the deposit.
1.4 We reserve the right for whatsoever reason to refuse a traveller’s application and to return the deposit to the traveller.
1.5 The Contract is subject to the terms and conditions laid out in this document.
2. Balance of Payment:
2.1 Unless otherwise stated, the traveller will pay the balance of the tour price no less than 60 days before the departure date. If this booking is made less than 60 days before the relevant departure date the traveller must communicate directly with the company to discuss payment. We reserve the right to request full payment on application to a trip if under 60 days prior to the departure date.
2.2 Where international payments are due, it is the traveller’s responsibility to ensure that the full US Dollar amount is received by the Company after all bank charges have been levied, as per the price stated.
3. Balance of Payment
If the balance of the monies due from the traveller is not paid 60 days prior to departure, we will treat the Contract as terminated by the traveller and reserve the right to retain the non-refundable deposit.
4. Passports, Visas and Health Matters
4.1 We will work to support you on all visa applications to ensure you are able to travel with us without issue. However, unless stated otherwise, it remains your responsibility to ensure that visas are arranged prior to departure.
4.2 All medical vaccinations, documents, health checks and passports are your responsibility and must be arranged prior to departure. The company takes no responsibility if, in the event you are unable to fly or continue with the package, you have to cancel your trip.
5. Foreign and Commonwealth Office Advice
5.1 The traveller acknowledges that they are responsible for their own safety awareness specific to the regions in which they travel. Information can be sourced through UK Foreign Office advice (www.fco.gov.uk), State Department warnings and any other sources (which the company can advise on if requested).
5.2 Whilst we will do our best to inform travellers of relevant changes to FCO Travel Advice, it is the traveller’s responsibility, to know what the FCO travel advice to a certain country or region of is and to ensure that they have purchased insurance relative to the risk. The company will not normally cancel a trip as a result of an alteration in FCO travel advice.
5.3 The Company accepts no liability if the traveller:
5.3.1 Chooses to cancel a booking because of FCO advice.
5.3.2 Is not adequately insured to travel.
6. Cancellation by the traveller
6.1 Cancellation requests must be submitted to the company in written form and signed by the person in question.
6.2 Deposits are non–refundable. Unless otherwise stated, if you cancel your booking, cancellation charges will be imposed as shown below:
6.2.1 60 days or more prior to departure – loss of deposit
6.2.2 59-28 days before departure – 50% of tour cost
6.2.3 Less than 27 days – 100% of tour cost
6.3 After the departure date, no refund for any unused portion will be given.
6.4 Any alterations made to the tour by the traveller of their own volition will be done so at the expense of the traveller themselves. All liability and expenses from that point forward will lie within the responsibility of the traveller.
7. Cancellation by the Company
7.1 We reserve the right to cancel your tour. We will endeavour not to do so unless forced by unforeseen circumstances, including but not limited to civil/ political unrest, “force majeure”, or on group tours where minimum threshold numbers have not been reached.
7.2 A minimum number of travellers to make the tour financially viable, will be determined by the company in advance. The traveller will be notified 21 days prior to the departure date should the company require to cancel the tour due to insufficient numbers. In the event that this occurs, all funds paid to the company will be reimbursed to the traveller.
7.3 In the event of flight cancellations made by an airlines, the Company will only reimburse monies it can retrieve from the airline. It is the responsibility of the traveller to have suitable insurance cover.
7.4 In the event of cancellation, the Company will reimburse all monies it can retrieve (excluding any flight monies) within reason. We do not, however, accept liability from any incidental expenses that may occur as a result of cancellation or for any other loss or damage howsoever caused out by the cancellation.
8. Changes to quoted price
8.1 Prices quoted by the Company are subject to change if a traveller books less than 8 weeks prior to departure.
9. Transfer of Booking by the traveller
9.1 If the traveller wishes to transfer from their booked tour to another available tour with the Company, the request must be received in writing and a transfer fee of £50 is payable along with any additional costs incurred in the transfer. This request must be received no later than 60 days in advance of the tour.
9.2 Any transfer requests made after the 60 day cut off (para 9.1) will be subject to the Company’s discretion. If agreed to, a £50 transfer fee is payable along with any additional costs incurred by the transfer. If for any reason the Company deems the transfer unfeasible then the traveller must refer to para 6 of these terms.
9.3 The traveller may transfer their booking to a person who satisfies all the conditions applicable to the tour, having first given the Company notice as soon as possible of their intention prior to 30 days before the departure date. The transferee will sign a new booking form agreeing to the terms herein.
9.3.1 Under these circumstances, the traveller and transferee will be jointly liable to the Company for payment of the transfer along with any additional costs incurred on making the transfer.
10. Changes by the Company
10.1 Occasionally changes to the published itinerary may occur without prior notice, which the Company reserves the right to do at any time. A published itinerary constitutes only an indication of what the tour should entail and does not constitute a contractual obligation to be fulfilled by the Company.
10.2 The traveller agrees that the nature of tours offered by the Company require a degree of flexibility. Therefore the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be affected as a result of Force Majeure, weather, local political conditions, natural disaster, strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances.
10.3 The company accepts no responsibility for delays or alterations to the schedule, including any expenses incurred as a result or any of the circumstances alluded to in para 10.2.
10.4 If in advance of the departure date, a major change becomes necessary, the company will notify the traveller of any such alterations by email or post (sent to the traveller’s last known address) as soon as they become aware.
10.5 If such a change is necessary (including changes to dates) the traveller has the right to accept the alterations, defer to an alternative trip of equal financial cost or to cancel.
10.6 If the traveller chooses to cancel as a result of such changes, a full refund will be issued provided changes are not due to incidents mentioned in para 10.2. Such a decision will need to be notified to the company in writing within 14 days of being made aware of the changes.
10.7 The Company reserves the right to alter itineraries after the departure date, without refund, if deemed to be in the interest of the traveller. No refund or compensation will be due for unused hotel accommodation, air tickets or any other unused services on a tour.
11. Company and traveller responsibilities
11.1 The traveller’s booking is accepted on the understanding that they realise the potential risks and hazards that can be involved in tours of this kind including injury, loss or damage to property, discomfort and inconvenience.
11.2 The Company agree to select competent and qualified subcontractors when providing transport, services and accommodation, in line with the standard procedures of the region being visited.
11.3 The traveller understands that safety standards in the region of travel may not be the same as that in the UK.
11.4 The Company’s responsibility does not commence until the traveller meets with the tour leader or ISHKAR Explore representative, usually at the airport in the city stated in the package for the departure date. We are not responsible for any additional expenses incurred by the traveller prior to this point.
12. Travel Insurance
12.1 The traveller will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance.
12.2 The traveller will effect and maintain sufficient and appropriate insurance to cover loss of, damage to or theft of the travellers baggage.
12.3 All insurance purchased must be relevant to the region of travel, in particular covering medical expenses, repatriation and evacuation by any means necessary.
12.4 A copy of the current insurance policy will be produced to the Company prior to the departure date and a further copy given to the tour leader on arrival in-country. If you fail to provide evidence of adequate insurance prior to departure, the Company reserve the right to deny participation in the tour, with no right to refund.
12.5 Prior to departure, the traveller will provide the Company with next of kin information (name, address, telephone numbers), so that should an incident occur whilst travelling, the next of kin may be notified by the Company.
12.6 Any insurance purchased should cover the scheduled duration of the tour and at least one additional day (to account for any alterations to itinerary outside of the Company’s control)
13. Acceptance of Risk
13.1 The traveller acknowledges and accepts the significant risk inherent in travelling on this tour.
13.2 In agreeing to these terms & conditions, the traveller accepts the limitations of the Company’s liability set out herein as being reasonable.
13.3 The Company reserves the right at any time to require the traveller to produce a doctor’s certificate certifying that the traveller is fit to participate in the tour.
13.4 The traveller agrees to sign the Company’s ‘Travel Risk Acknowledgement and Waiver’ form on acceptance of their application to a tour with the Company.
14. Company Tour Leader
14.1 The Company will appoint the Tour Leader(s) who will represent the Company whilst on the tour. The tour leader will retain absolute authority with regards to securely implementing the Company’s obligations as laid out in this contract.
14.2 The traveller agrees to accept as final, all decisions made by the tour leader whilst on tour. All decisions made will be done so in the interest of the traveller and the group.
14.2.1 If your physical condition or behaviour is deemed by the tour operator to have a negative affect on your well-being or that of the group, you may be asked to leave the tour without refund or other compensation.
15. Compliance with Legislation
15.1 The traveller will comply at their expense and their liability with all legislation, visa requirements, and immigration, customs and foreign exchange regulations of the countries visited.
15.2 The Company reserve the right, should the traveller fail to comply, or break contract as per these terms and conditions, to ask the traveller to leave the tour with no further recourse, refund or compensation.
16.1 We endeavour to resolve complaints as they occur. In order to do this, we need to be made aware of the complaint as per the following procedure:
16.1.1 At the earliest opportunity, the traveller will communicate any perceived failure, whether by the Company of suppliers, to the tour leader. The Company and the traveller will then make prompt efforts to resolve the issue.
16.1.2 The traveller agrees to, as soon as possible, give in writing any details relating to unresolved complaints throughout the duration of the tour, to the Tour Leader.
16.1.3 In the event that the complaint remains unresolved with the tour leader, the traveller agrees to set out their complaint in writing to the Company within 7 days of completion of the tour.
16.2 The traveller agrees that this procedure is reasonable and that any failure by the traveller to adhere to it will result in the complaint no longer being upheld.
17. General Conditions
17.1 No persons, save with the express permission in writing of a Company Director ISHKAR Explore, has the authority or is empowered to waive or vary any of these conditions.
17.2 The traveller acknowledges that prior to contract, they have been given general information on passport and visa requirements for the tour and of the health formalities required, and knows of no reason that would cause the traveller to be unable to comply with these requirements.
17.3 Each of the parties to this contract irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.
ISHKAR Explore can supply general information regarding requirements to be covered by appropriate insurance. As a minimum legal requirement, all travellers with ISHKAR Explore will travel with basic medical cover and insurance. We recommend Battleface, specialist insurers in providing insurance for travel to regions such as those visited by ISHKAR Explore.
We can put you in direct contact with Battleface should you request us to do so.
Factors that should be considered in advance of application for insurance:
Kidnap, Ransom, Extortion (KRE) cover.
War & Terrorism cover.
Outdoor activity cover (e.g. winter sports)
Government Travel Warnings