Terms & Conditions

 

terms & conditions,

 

Introduction

These terms and conditions govern your use of this website and all your online or offline bookings [or conversation] with Crazy Peaks; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.]

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Club Temmery's use of cookies in accordance with the terms of Club Temmery's [privacy policy / cookies policy].]

License to use website

Unless otherwise stated, Club Temmery and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or OTHER CONTENT] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  • [edit or otherwise modify any material on the website; or]
  • [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Club Temmery's express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without Club Temmery's express written consent.] 

Restricted access

[Access to certain areas of this website is restricted.]  Club Temmery reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Club Temmery's discretion.

If Club Temmery provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

[Club Temmery may disable your user ID and password in Club Temmery's sole discretion without notice or explanation.]

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Club Temmery a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Club Temmery the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Club Temmery or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Club Temmery reserves the right to edit or remove any material submitted to this website, or stored on [NAME'S] servers, or hosted or published upon this website.

[Notwithstanding Club Temmery's rights under these terms and conditions in relation to user content, Club Temmery does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Club Temmery makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Club Temmery does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Club Temmery will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Club Temmery has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Club Temmery's liability in respect of any:

  • death or personal injury caused by Club Temmery's negligence;
  • fraud or fraudulent misrepresentation on the part of Club Temmery; or
  • matter which it would be illegal or unlawful for Club Temmery to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Club Temmery has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Club Temmery's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Club Temmery's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Club Temmery.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Club Temmery and undertake to keep Club Temmery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Club Temmery to a third party in settlement of a claim or dispute on the advice of Club Temmery's legal advisers) incurred or suffered by Club Temmery arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Club Temmery's other rights under these terms and conditions, if you breach these terms and conditions in any way, Club Temmery may take such action as Club Temmery deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Club Temmery may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Club Temmery may transfer, sub-contract or otherwise deal with Club Temmery's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Your Booking Agreement with Crazy Peaks and our Suppliers
Please read these booking conditions carefully as they are the sole terms and conditions of the contract between you and the relevant service providers of the accommodation, transport or any other booked service.

Prices and price changes
As we Club Temmery Private Limited (for Crazy Peaks) act only as an agent in the booking process, Club Temmery and the relevant service provider reserve the right to change, amend or correct prices shown on our site at any time before or after you have booked. After you have booked, if the price of your booking changes in such a way we will pass on the details of the change as soon as possible.

Changes made to your booking by us
We and the relevant service providers will do all we can to tell you of any significant changes to your arrangements. If you do not wish to accept the change, wherever possible the relevant service providers may offer you an alternative arrangement with an alteration in price or otherwise the booking will be cancelled subject to the cancellation policies mentioned on our website. As an agent only we are unable to accept any liability for any changes, significant or otherwise, to your booking.

Circumstances beyond our or our supplier’s control
No compensation of any kind or responsibility can be taken if, due to circumstances beyond the control of Club Temmery Private Limited or the relevant service providers, we have to notify a change to your arrangements or we or the relevant service providers cannot supply your arrangements in full or in part as agreed, or you suffer any loss or damage of any description. A circumstance beyond our or the relevant service providers’ control is one that cannot be foreseen or avoided, even after taking all due care and includes but is not limited to war, terrorist activity, civil unrest, industrial disputes and bad weather situations or forecasts.

If You Have a Complaint
If you have cause for complaint whilst on your trip, this must be brought to the attention of the relevant service provider immediately so that action can be taken to remedy the problem. Failure to report your complaint in this way may jeopardise any claim you subsequently make. Complaints must also be notified to the Crazy Peaks Customer Services Department at your earliest opportunity. The assistance we provide to resolve your complaint is provided in our capacity as a agent only. The health and safety standards that apply to the services you have booked should meet the local standards applicable to the booked destinations, and Crazy Peaks monitors wherever possible that local standards have been met. However, note such standards may be lower and vary widely and may not match those prevalent in the country where you are resident. If you have a concern with any safety standards you come across, you must take this up with the relevant service provider in the locality concerned at the time of your trip.

Prices and Payment
We accept the following all major credit cards, debit cards and internet banking payments.

Club Temmery does not charge a service fee for processing credit card payments. Full payment by credit card is required to make a reservation. Payment will be listed as “Club Temmery Private Limited” on your credit card statement.

Prices are per person, unless otherwise specified. Prices include VAT and local taxes unless otherwise stated, Prices are based on the local tariffs at the time of quoting converted at the prevailing foreign exchange rate. Price quotations are subject to change without notice until a booking has been confirmed.

Not included as part of the services we offer are any applicable foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger facility charges and international transportation tax. In addition, tips/gratuities to tour directors, drivers, and local guides; passports and visa fees; baggage and personal insurance; beverages and food not listed under inclusions in the travel product and all other items of a personal nature are also not included. You should retain sufficient local currency to pay for all of the above items if necessary.

Certain products may involve charges like car parking, fuel surcharge and airport taxes or security deposit that are over and above the stated price on Crazy Peaks websites. You will have to pay these directly to the relevant service providers in order to consume the service. Adequate explanation and information will be provided to you on the website under the product inclusions and exclusions section. Please review the terms of conditions of the relevant service provider before making any security deposits or payments for additional charges. isango! have no involvement in such financial transactions and hence carry no associated liability.

Please note if you are using an Crazy Peaks gift voucher for full or part payment of your booking , that discount codes cannot be used on any product that is already discounted.

Special Requests
Please inform us at time of booking of any special requests for any service or facility that is not included as part of your booking. We will enquire with the relevant service provider and where possible will try to accommodate your request, but please note such requests cannot be guaranteed.

Changes you request after booking but before consumption
Please note that it will not be possible to make any changes to a booking once confirmed unless the original booking is cancelled and a new booking made. Cancellation charges will apply as per below "Cancellation by you".

Prices applying to all new bookings made following a cancellation will be those prices applicable on the day the new booking is made.

Crazy Peaks on behalf of its service providers reserves the right to cancel, change or substitute any service and to decline to accept or retain any tour members at any time for any reason including, without limitation, an insufficient number of participants.

Please check your booking details carefully to ensure that any other independent flight and/or travel arrangements coincide with the dates you have booked with us as we will not be liable for any costs incurred as a result of any mistakes by you.

Cancellation by you
If, for any reason, you decide to cancel your confirmed bookings, your credit card/debit card/bank account will be credited with the appropriate amount as per the cancellation policy applicable. Cancellation charges vary from product to product and are displayed on our websites. Please refer to the details and applicable cancellation charges on the product details page of our website. When canceling the booking you will be notified via email, facsimile or telephone of the total cancellation fees.

Whenever not specified, or for all the group bookings [more than 8 members travelling together], no cancellation request is accepted within 15 days to the departure date. There is 100% of total payable amount charged as cancellation fee on such bookings. For any cancellation with more than 15 days to the journey date, 50% of the total payable amount is charged as cancellation fee. Please request for cancellation policy when not specified.

Unless otherwise stated in the product detail, these policies apply to all products sold by Crazy Peaks.

Passports/visas and health requirements
It is the responsibility of all passengers, regardless of their nationality, to check with the appropriate authorities about any visa and immigration requirements. We will not accept any responsibility if you or any passenger will travel without the correct passport, visa, health insurance or any other immigration requirement.

Information Accuracy
We and our suppliers regularly review all details about the travel product offered to ensure accuracy. Please note all duration times given are approximate. Please review the check-in time for the accommodation as these vary from country to country and could be any time between 1200 hours and 1600 hours.

Our liability to you
We act only as a booking agent (as set out in section C above) for any accommodation, transport, guide service, attraction and/or any other event or service on the booking and we have no liability of any kind whatsoever to you or your party or dependants for any death, personal injury, loss, consequential loss or damage of any kind you or your party or your dependants may suffer unless caused by our own negligence. Club Temmery, our employees or agents are acting either as agents for the relevant supplier or as agent for you and your party. Club Temmery, its agents and suppliers also accept no responsibility or liability whatsoever for any government restraints, acts of war and terrorism, weather conditions, or for any misadventure or casualty or any other force majeure or causes beyond their control as set out in clause 6 above. Subject to the terms and conditions on this site, Club Temmery’s liability shall be limited to up to the price paid for the booked arrangements.

Supplier’s Conditions
You are bound by the booking conditions of the relevant service provider and conditions of carriage where relevant and these conditions apply to your contract with us. In the event of any conflict between the conditions of the relevant service provider and our own, the relevant service provider’s conditions will prevail provided they are valid and enforceable, otherwise our conditions will prevail. The relevant service provider’s conditions may limit or exclude their and our liability to you and they may be subject to international conventions.

International Conventions
If any international convention applies to or governs any of the services or facilities supplied by us on behalf of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your travel arrangements.

Travel Insurance
It is a condition of our contract with you that you and all members of your party have suitable and sufficient travel insurance to cover your journey as neither Club Temmery nor our suppliers can be held responsible for any liability, expenses or losses you incur as a result of being inadequately insured. We strongly recommend that at the time of booking a comprehensive travel insurance policy is purchased.

Travel Voucher(s)
Club Temmery will provide soft copies of vouchers relevant for each booking. Please note that each product has a separate voucher and hence there could potentially be multiple vouchers for your booking. It is your responsibility to print out all the vouchers related to your booking and present them to the relevant service providers. When presenting your pre-paid voucher(s) for redemption, the Lead Traveler is required to present valid photo identification, bearing the name of the Lead Traveler. The voucher may be confiscated if Photo ID, Credit Card / Gift Certificate and Signature do not match the Lead Traveler.

Your responsibility
Please note you are responsible for your and your party’s actions. If we or our suppliers believe your actions or those of your party could cause danger, upset or annoyance to other customers, guests or staff, we or our suppliers may end your booked arrangements immediately. In this event neither Club Temmery nor the relevant service provider(s) will pay compensation, make refunds nor pay any expenses you suffer as a result.

You are responsible for your personal safety and for the safety of the accompanying people dependent on you.

You agree to defend and indemnify Club Temmery, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

• you or on your behalf in excess of the liability described above; or

• by third parties as a result of

• your breach of this agreement or the documents referenced herein;

• your violation of any law or the rights of a third party; or

• your use of this website.

Hotel Reservations
The star ratings may be different to official ratings as they vary significantly by country, and often within countries. Hence it is your responsibility to review the description of hotel facilities, rooms, meals and other amenities to make the best decision for yourselves.

It is your responsibility when making a reservation to ensure you have booked the correct room type for your needs. All details of the room types and the number of people that can be accommodated in the room are available on the website and should be double checked on your email confirmation.

You acknowledge that the availability of the facilities and features listed for each hotel are under the direct control of the hotel and as such Club Temmery or its affiliates cannot be held responsible if those facilities or features are not made available to you during the period of your stay. If a facility or feature is of particular importance to you, then you should check with Crazy Peaks customer service or the hotel that this facility or feature will be available during your dates of stay. Please note that, in particular, swimming pools and air conditioning are only available seasonally and it is your responsibility to check whether these facilities will be available during your stay. You acknowledge that the inclusion in the hotel's facilities of car parking, means that a provision is made by the hotel for car parking. You acknowledge that the availability and cost of the car parking is determined by the individual hotel. It is your responsibility to check the availability and cost of the car parking provided by each hotel.

Airport and Port Transfers
You are responsible for providing precise arrival time and pick up location information (like airport, flight number, cruise docking port, hotel address) at least 72 hours before the travel date to the contact email or phone numbers mentioned in the booking voucher. Failure to do so can lead to loss of service and Club Temmery, its affiliates or the relevant service provider will not be liable for any refunds or penalties.

Entire agreement

These terms and conditions constitute the entire agreement between you and Club Temmery, in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with prevailing laws of the land, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Himachal Pradesh only.

Club Temmery's details

The full name of Club Temmery is Club Temmery Private Limited. 

Club Temmery is registered in India under Companies Act of 1956.

You can contact Club Temmery by email to info@crazypeaks.com.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

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