ISHKAR Explore Terms & Conditions
Last updated: 23 November 2020
ISHKAR Explore Terms & Conditions
In these Terms and Conditions, the following words shall have their associated meanings.
“Company”, “our”, “us” or “we” means ISHKAR Explore Limited.
“Contract” means the agreement between us and you which comprises of:
- these Terms and Conditions
- the Tour itinerary;
- the application booking form; and
- the Travel Risk Acknowledgement and
“Departure Date” means the date of commencement of the Tour.
“Terms and Conditions” means these terms and conditions.
“Tour” means the tour and related activities as set out in the tour itinerary.
“Traveller” or “you” means the person whose signature and details appear on the application form.
“Unforseen Event” means an event or circumstance that is outside of either party’s reasonable control.
2. These Terms and Conditions
2.1 What these Terms and Conditions cover. These are the terms and conditions on which we arrange and facilitate the tours listed on website for Travellers.
2.2 Why you should read them. Please read these terms carefully before you submit your application booking form to us. These terms tell you who we are, details about the Tour, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. Information about us and how to contact us
3.1 Who we are. We are ISHKAR Explore Limited, trading as “ISHKAR Explore”, a company registered in England and Wales. Our company registration number is 12049610 and our registered office is at 8 Love Walk, London, SE5 8AD.
3.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org and ISHKAR Explore, Goldfinger Factory, 13-15 Golborne Road, London, W10 5NY.
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application booking form. "Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.
4. Our Contract with You
4.1 Submit an application. Travellers that would like to travel on one of our tours should submit an application form to us.
4.2 How we will accept your application. Subject to section 4.3, our acceptance of your application will only take place when we email you confirming that we have accepted your application and that you have a place on the relevant Tour, at which point a binding contract will come into existence between you and us.
4.4 Our acceptance of your application form will be conditional upon you:
a) confirming your acceptance of these Terms and Conditions;
b) paying a non-refundable deposit to us in the amount of $650 per person intending to travel on the Tour; and
c) agreeing to and signing the Travel Risk Acknowledgement and Waiver for your Tour.
4.4 If we cannot accept your application. We reserve the right for any reason whatsoever to refuse a Traveller’s application. If we do not accept a Traveller’s application, we will inform that Traveller of this and will return the deposit to the Traveller.
5. Paying for your Tour
5.1 The total Tour cost. Unless we inform you otherwise, you must pay the entirety of the Tour price on or before the day falling 60 days before the Departure Date for your Tour.
5.2 If your application is made, and accepted, less than 60 days before the relevant Departure Date then you must contact us directly 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.
5.3 It is your responsibility to ensure that the full US Dollar amount we receive, after all applicable bank or other money transfer related charges have been applied, is equal to the total price of the relevant Tour.
5.4 We reserve the right, in some circumstances, to request interim payments where certain services such as flights have to be secured in advance. These interim payments are only incurred after the payment of the deposit, if certain services are required to be made in more than 60 days before the Departure Date for your Tour.
5.5 What happens if you do not pay the total Tour cost on time. If you have not paid the total price of the relevant Tour by the date that is 60 days prior to departure, we reserve the right to:
a) cancel your Tour and this Contract; and
b) retain the entirety of your deposit.
6. Passports, Visas and Health Matters
6.1 Obtaining a valid visa is your responsibility. We will use reasonable endeavours to provide support to 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 the Departure Date.
6.2 Medical precautions are your responsibility. All required medical vaccinations, documents, health checks and passports or similar are your responsibility and must be arranged prior to the Departure Date. The Company takes no responsibility if you are unable to travel on the Tour or have to cancel your Tour for medical reasons.
7. Foreign and Commonwealth Office Advice
7.1 The Traveller acknowledges that they are responsible for their own safety awareness specific to the regions in which they travel.
7.2 Whilst we will endeavour to inform travellers of relevant changes to UK Foreign and Commonwealth Office Travel Advice (the “FCO”), 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.
7.3 The Company will not normally cancel a Tour as a result of an alteration in FCO travel advice.
7.4 The Company accepts no liability if the Traveller:
a) chooses to cancel their Tour because of FCO or other advice; or
b) is not adequately insured to travel.
8. Cancellation by the Traveller
8.1 How to cancel this Contract. Subject to this clause 8, you can cancel your booking and the Contract at any time. Cancellation requests must be submitted to the Company in writing and signed by the relevant Traveller.
8.2 Cancellation consequences. Deposits are non–refundable. Unless otherwise stated, if you cancel your booking and the Contract, you will forfeit the following amounts:
a) if you cancel 60 days or more prior to the Departure Date: the deposit;
b) if you cancel between 28-59 days (inclusive) prior to the Departure Date: 50% of total Tour price (including the deposit); and
c) if you cancel less than 27 days prior to the Departure Date: 100% of total Tour price (including the deposit).
8.3 After the Departure Date, no refund for any unused portion will be given.
9. Cancellation by the Company
9.1 Our right to cancel the Tour. We reserve the right to cancel your Tour at any time and we will provide you notice in writing of our decision to do so as soon as reasonably practicable.
9.2 Circumstances where we may cancel your Tour include (but are not limited to):
a) where circumstances arise resulting in the Tour being deemed by us as unsafe for you or our staff;
b)where circumstances arise rendering the Tour impossible to execute or substantially altered as a result of such circumstances; or
c) the occurrence of an Unforeseen Event.
9.3 Cancellation consequences. In the event of cancellation of the Tour by the Company as set out in clause 9.2:
a) the Contract will terminate, effective from the date you are notified by the Company of the cancellation; and
b) the Company may offer you a place on another tour it offers; or
c) the Company will return all monies paid by the Traveller for such Tour that it can reasonably retrieve from relevant third parties used in connection with such Tour.
We do not accept liability for any incidental expenses that you may incur as a result of a cancellation or for any other loss or damage howsoever caused by the cancellation.
9.4 Minimum number required to travel. A minimum number of travellers to make the Tour viable will be determined by the Company, in its sole discretion, in advance of the Tour. The Traveller will be notified 21 days prior to the Departure Date should the Company need 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.
9.5 Flight cancellations, where we book the flight for you. Where we have booked a flight on your behalf, in the event of flight cancellations made by an airline, the Company will only reimburse monies it can retrieve from the airline. It is the responsibility of the Traveller to have suitable insurance cover.
9.6 Our right to remove Travellers from the Tour. We reserve the right to remove a Traveller from a Tour or to withdraw a Traveller’s application at any time for any of the following reasons:
a) if a Traveller, or a person acting on behalf of a Traveller, subjects (i) the Company or its staff; or (ii) other Travellers, to threatening, abusive or violent behaviour;
b) a Traveller, or a person on behalf of Traveller, performs an action that brings the Company’s reputation into disrepute; or
c) a Traveller is unable to travel for legal or regulatory reasons.
9.7 If you are removed from a Tour in accordance with clause 9.6 prior to the Departure Date, you will forfeit the amounts as set out in clause 8.2 above.
10.1 The price of a Tour will generally be as listed at www.ishkar.com
10.2 Prices listed by the Company for a Tour may be subject to change if a Traveller’s application is accepted, in accordance with section 4, on a date that is less than or equal to 8 weeks prior to the Departure Date. The Company will notify the relevant Traveller of any changes and provide the Traveller the right to reject their place on a Tour provided that notice of such rejection is provided by the Traveller to the Company within three (3) days of the Company’s notification.
11. Transfer of Tour by the Traveller
11.1 If you want to transfer to another ISHKAR Explore tour. If a Traveller wishes to transfer from their booked Tour to another available tour with the Company, the request must be sent in writing and if accepted by the Company, a transfer fee of $75 is payable along with any additional costs incurred in the transfer. Any requests to transfer to another tour must be received by us no later than 60 days before the Departure Date of the Tour you already have booked.
11.2 Any transfer requests made after the 60 day period specified in clause 11.1 will be subject to the Company’s discretion. If agreed to, a $75 transfer fee is payable along with any additional costs incurred by the transfer.
11.3 If you want to transfer your place on a Tour to another traveller. The Traveller may request to transfer their booking to a person who satisfies all the conditions applicable to that Tour, having first given the Company notice in writing as soon as possible and in any event 30 days before the Departure Date for that Tour.
11.4 Requests made under clause 11.3 will be subject to the Company’s discretion. If the request is accepted, before transfer can take place, the transferee must:
a) enter into a valid contract with the Company in relation to the Tour; and
b) pay a transfer fee of $75 along with any additional costs incurred on making the transfer.
11.5 Once a valid transfer to another traveller has been made in accordance with clauses 11.3 and 11.4 above, the Company will notify you and this Contract shall terminate effective from the date of such notice.
12. Changes to the itinerary by the Company
12.1 Your Tour itinerary. We shall provide the itinerary for your Tour in advance of the Departure Date.
12.2 You’ll have to be flexible. 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 itinerary (including the arrival time at the Tour’s destination, changes in route or method of transport) may be affected as a result of an Unforeseen Event, weather, local political conditions, natural disaster, strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances.
12.3 What happens if we change the itinerary prior to the Departure Date. Occasionally insignificant changes to the published itinerary for a Tour may occur without prior notice, which the Company reserves the right to do at any time. If we need to make a significant change the itinerary prior to the Departure Date then:
the Company will notify you in writing of any major changes made to the relevant Tour itinerary; and
a) provided the change to the itinerary is not due to any of the events listed at clause 12.2, the Traveller has the right:
- to accept the alterations;
- to transfer to an alternative tour of equal financial cost; or
- to cancel the Contract and Tour,
and they must notify the Company of their decision within 14 days following the Company’s notification under clause 12.3(A) but no later than the Departure Date;
b) if the Traveller chooses to cancel the Contract and Tour under clause 12.3(B)(3) as a result of such changes, a full refund will be issued provided the changes to the itinerary are not due to incidents mentioned in clause 12.2; and
c) if the Traveller chooses to accept the alterations under clause 12.3(B)(1), the Company accepts no responsibility for any additional expenses, costs or losses that are not directly attributable to such alteration to the itinerary incurred by the Traveller due to these changes.
12.4 What happens if we change the itinerary prior on or after the Departure Date. The Company reserves the right to alter itineraries on or after the Departure Date, without refund, if such alterations are deemed by the Company to be in the interest of the Traveller. No refund or compensation will be due to the Traveller for unused hotel accommodation, air tickets or any other unused services on a Tour.
13. Company and Traveller responsibilities
13.1 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.
13.2 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.
13.3 The Traveller accepts and understands that safety standards in the region of travel may not be the same as that in the UK.
13.4 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.
13.5 The Traveller agrees that the Company shall not be liable for any costs, expenses, fees or losses incurred by the Traveller as a result of the Traveller engaging in an activity that is not included as part of the Tour (including within the Tour itinerary).
13.6 Prior to the Departure Date, the Traveller shall provide the Company with next of kin information (name, address, telephone numbers) to enable us to notify the next of kin in the event of any accidents or incidents. You warrant that you have obtained the relevant next of kin’s consent to share their personal information with us.
14.1 The Traveller will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance.
14.2 The Traveller will effect and maintain sufficient and appropriate insurance to cover loss of, damage to or theft of the Travellers baggage.
14.3 All insurance purchased must be relevant to the region of travel, in particular covering medical expenses, repatriation and evacuation by any means necessary.
14.4 A copy of the current insurance policy must be produced to the Company by the Traveller prior to the Departure Date and a further copy given to the Tour Leader (as defined below) on arrival in-country. If you fail to provide evidence of adequate insurance prior to the Departure Date, the Company reserve the right to deny your participation in the Tour, with no right to refund.
14.5 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).
15. Acceptance of Risk
15.1 The Traveller acknowledges and accepts the significant risk inherent in travelling on a Tour.
15.2 In agreeing to these Terms & Conditions, the Traveller accepts the limitations of the Company’s liability set out in these Terms & Conditions as being reasonable.
15.3 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.
15.4 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.
16. Company Tour Leader
16.1 What a Tour Leader will do. The Company will appoint the tour leader(s) (each a “Tour Leader”) who will represent the Company whilst on the Tour and shall have absolute authority to make decisions to ensure the satisfactory fulfilment of the Tour.
16.2 The Traveller agrees to accept as final, all decisions made by a Tour Leader whilst on the Tour. All decisions made by a Tour Leader will be done so in the interest of the travelling group.
16.3 If your physical condition or behaviour is deemed by a Tour Leader to have a negative effect on your well-being or that of the group, you may be asked to leave the Tour without refund or other compensation.
17. Compliance with Legislation
17.1 You must comply with all laws of the country you are visiting. 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.
17.2 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.
18.1 We will endeavour to resolve complaints as they occur. If you have a complaint arising before the Departure Date, please contact us.
18.2 If you have a complaint about the Tour following the Departure Date:
a) At the earliest opportunity, you should communicate any perceived failure, whether by us or any of our suppliers, to the Tour Leader. The Tour Leader and you shall then use reasonable efforts to resolve the issue.
b) In the event that the complaint remains unresolved with the Tour Leader, you set out your complaint in writing and send it to us by email at the address listed at clause 3.2 within 7 days of completion of the Tour.
18.3 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.
19. Personal information and data
20. General Conditions
20.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions or the Contract to another organisation. You however may not transfer your rights or obligations under these Terms and Conditions or the Contract to another person.
20.2 No waiver or variation of these Terms and Conditions is permitted. No persons, save with the express permission in writing of a Company Director of the Company, has the authority or is empowered to waive or vary any of these Terms and Conditions.
20.3 The Traveller acknowledges that prior to entering the 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.
20.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
20.5 Intellectual property. All intellectual property included in or made available through our website or materials, such as text, images, graphics and logos, is the property of the Company. Except as otherwise permitted by law, you agree not to display or use in any manner any content without the Company’s prior consent.
20.6 Governing law. The Contract shall be governed by the laws of England and Wales. Each of the parties to this Contract irrevocably agrees that the courts of England and Wales 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 Contract or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.