Payment, Cancellation, Refund & Force Majeure Policy

Preamble

This document sets out the terms on which Earthly Hospitality Services Private Limited (CIN U55101UR2022PTC013829, GSTIN 05AAGCE9827L1Z6), operating under the brand “escapes.asia” (“the Company”, “we”, “us”), offers travel arrangements to its guests (“you”). By making any payment to us, or by signing/email-confirming the itinerary, you accept these terms in full. Please read them carefully before booking. The most current version is published at escapes.asia and shall govern your booking.

Our products include fixed-date group departures, custom and private itineraries, day tours, treks, and Char Dham / Hemkund Sahib / Valley of Flowers pilgrimage circuits across Uttarakhand and other Himalayan regions. The operational realities of Himalayan travel — weather, landslides, government registration caps, and helicopter dependence — are reflected throughout this policy, particularly in Clauses 6 (Non-Refundable Third-Party Costs) and 7 (Force Majeure).

1. Definitions and Scope

• “Company” / “we” / “escapes.asia” — Earthly Hospitality Services Private Limited, incorporated under the Companies Act 2013 on 09 April 2022, CIN U55101UR2022PTC013829, GSTIN 05AAGCE9827L1Z6, registered in Uttarakhand, operating under the brand “escapes.asia”.
• “Guest” / “you” — the lead booking person and every traveller named in the booking.
• “Tour” — any fixed-date group departure, private or custom itinerary, day tour, trek, or pilgrimage circuit offered by the Company.
• “Itinerary” — the day-wise plan, inclusions, exclusions, and price quoted to the Guest in writing or via the website.
• “Third-Party Services” — services not operated by the Company including airlines, Indian Railways/IRCTC, helicopter operators (e.g., IRCTC Heli Yatra), hotel and homestay vendors, transport vendors, government permit authorities, and guides.
• “Total Tour Cost” — the contracted package price inclusive of GST at the applicable rate, currently 5% for tour operator services under Entry 23 of Notification No. 11/2017-Central Tax (Rate) dated 28 June 2017, as amended.
• “Departure Date” — the date the tour commences as set out in the Itinerary.

These Terms & Conditions, read together with the confirmed Itinerary, the invoice, and the Privacy Policy, form the entire contract between you and the Company.

2. Booking & Confirmation

2.1 A booking is provisional on submission of an enquiry or booking form. The booking is confirmed only upon receipt of (a) the Booking Advance and (b) signed or email acceptance of these Terms & Conditions.

2.2 The lead booker warrants that they are 18 years or older and authorised to bind every other traveller named in the booking.

2.3 The Company reserves the right to refuse any booking at its sole discretion, including on safety, fitness, age, or medical grounds for trekking itineraries.

2.4 Names on the booking must match Government-issued photo ID exactly. Name corrections after vouchers are issued may attract third-party amendment fees.

3. Payment Policy

3.1 Currency

All payments are in Indian Rupees (INR), unless otherwise agreed in writing for foreign guests.

3.2 Payment Milestones (for tours booked 60+ days in advance)

3.3 Late Bookings

Tours booked within 30 days of departure require 100% payment at the time of booking. Tours booked within 15 days may additionally attract a Late Booking Surcharge reflecting actual third-party surge pricing.

3.4 Acceptable Payment Modes

NEFT, RTGS, IMPS, UPI (BHIM/PhonePe/GPay/Paytm), debit card, credit card (with 2.0% convenience fee to cover IT and gateway cost), and account-payee cheque or DD in favour of “Earthly Hospitality Services Private Limited”. Outstation cheques and cash above the limit permitted under the Income-tax Act, 1961 are not accepted. Foreign-currency wire transfers may be accepted at the Company’s discretion at the FEMA-compliant prevailing card rate.

3.5 GST and Statutory Levies

Tour Operator Services attract GST at 5% (without input tax credit) under Entry 23 of Notification No. 11/2017-Central Tax (Rate). Tax Collected at Source under Section 206C(1G) of the Income-tax Act, 1961 (at the rate prevailing on date of receipt) shall apply to outbound packages. Any change in statutory levies (GST rate, TCS, fuel tax, permit fee, entry fee) between booking and travel will be passed through and is payable by the Guest.

3.6 Dishonoured Cheque / Failed E-Payment

A processing fee of ₹500 plus 18% GST is payable for every dishonoured cheque or reversed e-payment, in addition to interest at 18% per annum on the overdue amount.

3.7 Consequences of Late Payment

If any milestone payment is not received by its due date, the Company shall send a written reminder allowing 48 hours to cure. On expiry of the cure period, the Company reserves the right to (a) cancel the booking and apply cancellation charges as per Clause 4, (b) release blocked inventory (hotels, vehicles, permits, flights), and/or (c) downgrade or vary inclusions to match the amount received, in each case without further notice. The Guest indemnifies the Company against losses arising from a release of inventory.

3.8 Receipts and Invoices

A GST tax invoice will be issued within seven days of full payment, in the name and address provided at booking. The Guest is responsible for verifying GSTIN, billing details, and invoice particulars within seven days of receipt; thereafter the invoice shall be deemed accepted.

3.9 Discounts and Offers

Discounts and offers are non-transferable, valid for the stated period only, subject to availability, and may be withdrawn without notice. Failure to comply with the discount terms (e.g., early-bird full payment, minimum group size) entitles the Company to reverse the discount and recover the differential from the Guest.

4. Cancellation by the Guest

4.1 Form of Notice

All cancellations must be made by email to bookings@escapes.asia from the lead booker’s registered email. The effective cancellation date is the date the email is received in our inbox during a working day (Monday to Saturday, 10:00 to 18:00 IST); requests received outside working hours are processed on the next working day.

4.2 Cancellation Grid — Fixed-Date Group Departures (Standard Season)

4.3 Cancellation Grid — Custom / Private Itineraries

The same slabs as Clause 4.2 apply, except that:

• the Booking Advance becomes non-refundable from the moment the Company confirms any third-party booking (hotel, transport, permit, helicopter, flight) on behalf of the Guest, which often occurs within hours of the advance being received;
• a non-refundable Itinerary Design Fee of ₹3,000 to ₹7,500 (depending on complexity) is retained on cancellation and adjusted against the final invoice only if the trip proceeds;
• trekking and high-altitude expeditions above 3,500 metres, Char Dham helicopter packages, and remote-region itineraries operate on a stricter slab — 90+ days: 10%; 60–89 days: 25%; 30–59 days: 50%; under 30 days: 100%.

4.4 Peak-Season Cancellation Surcharge

The cancellation charge moves one slab stricter than Clause 4.2 during the following periods, reflecting irrecoverable third-party costs:

• Char Dham yatra season — 15 April to 15 November
• Valley of Flowers & Hemkund Sahib — 1 June to 31 October
• Auli ski season — 15 December to 28 February
• Christmas and New Year — 20 December to 5 January
• Diwali and extended weekends — as notified at the time of booking

Hotels and helicopter operators frequently demand 100% non-refundable advances during these periods; such advances are passed through and treated under Clause 6 (Non-Refundable Third-Party Costs).

4.5 Partial Cancellation in a Multi-Person Booking

If one or more (but not all) guests in a group booking cancel, (a) cancellation charges per Clause 4.2 apply to the cancelling guest(s); (b) single-room supplement and re-pricing on remaining guests may apply; (c) any group or early-bird discount conditional on minimum pax may be reversed.

4.6 No-Show

Failure to arrive at the appointed boarding point or hotel without prior written cancellation is treated as a no-show and forfeits 100% of the Total Tour Cost. No refund will be given for unutilised services on tour.

4.7 Rescheduling / Date Change

A request to change the Departure Date is treated as a cancellation of the original booking and a fresh booking at prevailing rates. However, a single one-time date change received 45 or more days before departure may, at the Company’s sole discretion, be processed without cancellation charge subject to (a) availability on the new dates, (b) payment of any actual third-party amendment or repricing costs, and (c) the new tour starting within 12 months of the original Departure Date.

4.8 Transfer of Booking / Name Change

Subject to airline and hotel rules, a booking may be transferred to another person not earlier than 21 days before departure, on payment of (a) actual third-party amendment fees, and (b) an administrative fee of ₹2,500 plus 18% GST per traveller. Visa-bearing bookings and helicopter bookings made via IRCTC HeliYatra are generally non-transferable. Char Dham Yatra Registration is name-bound, and a fresh registration must be obtained.

5. Cancellation by the Company

5.1 The Company may cancel a fixed-date group departure if minimum group size is not reached, or for operational reasons. In such cases, the Company will (a) offer an alternative date or itinerary of equivalent value, or (b) refund 100% of payments received within ten working days by the original payment instrument. Cancellation by the Company in such cases attracts no compensation beyond the refund.

5.2 The Company may cancel any booking on safety, medical, fitness, or behavioural grounds, where the Guest provides incorrect or incomplete information, where statutory permits or visas are not obtained, or where the Guest’s conduct on tour endangers self, others, or staff. Cancellation under this clause attracts no refund.

6. Non-Refundable Third-Party Costs (Pass-Through)

6.1 Regardless of Clause 4, the following costs are passed through, and the Guest is responsible for them at actuals from the moment they are incurred by the Company on the Guest’s behalf:

• Air tickets — refund per the airline fare rule. Tour-operator service charge of ₹500 plus GST per ticket is non-refundable.
• Indian Railways / IRCTC tatkal tickets — refund per Railways rules; tatkal is typically non-refundable for confirmed tickets.
• Kedarnath / Hemkund Sahib helicopter (IRCTC Heli Yatra) — refund only as per IRCTC’s policy (payment-gateway, transaction, and convenience charges always retained; 100% non-refundable within 24 hours of slot).
• Valley of Flowers National Park, Nanda Devi Biosphere, Govind Pashu Vihar, Rajaji NP, and Corbett TR entry permits and fees — non-refundable once issued.
• Inner Line Permits (Niti, Mana Pass, Nelong, Adi Kailash, and similar) — non-refundable.
• Char Dham Yatra Registration — free but non-transferable; failure to register does not entitle the Guest to a refund.
• Peak-season hotel pre-payments — where any hotel, homestay, or GMVN unit demands 100% non-refundable advance, the advance is non-refundable.
• Special-purpose vehicles, chartered transport, pre-paid trekking gear, ponies and porters, and guide retainers — non-refundable from the date of issuance or booking confirmation.
• Travel insurance premium — non-refundable from issuance.

6.2 The Company will, on request, share documentary evidence (vendor invoices, IRCTC PNRs, permit numbers) supporting the non-refundable amount retained.

7. Force Majeure (Uttarakhand-Specific)

7.1 Definition

“Force Majeure Event” means any event beyond the reasonable control of either party, including but not limited to: acts of God (earthquakes, landslides, cloudbursts, flash floods, avalanches, GLOFs, snowstorms, rockfalls); road closures on any approach road to the Char Dham, Hemkund Sahib, Valley of Flowers, Auli, or Adi Kailash; IMD weather alerts; suspension or capping of the Char Dham or Hemkund Sahib Yatra by any government authority; IRCTC/DGCA cancellation of helicopter operations; closure of national parks; pandemic, epidemic, lockdown, or government travel restrictions; war, civil disturbance, riots, strikes, terrorism, or border closure; subsidence or closure of any access town; and any other event qualifying under Sections 32 and/or 56 of the Indian Contract Act, 1872.

7.2 Consequences of a Force Majeure Event

Where a Force Majeure Event prevents, hinders, delays, or materially alters the tour (in whole or in part):

• No cash refund will be payable by the Company.
• The Company will use reasonable efforts to provide alternative arrangements; any additional cost (extra nights, alternative transport, medical evacuation, helicopter rescue) is at the Guest’s actual cost.
• Where the tour has not commenced, the Company will offer (i) reschedule to an equivalent itinerary on mutually agreed dates within 12 months, or (ii) a non-refundable Credit Note for the unutilised land-package amount (amount paid less third-party non-refundable costs already incurred), valid 12 months from issue, transferable to immediate family.
• Where the tour has commenced, no refund is payable for any unutilised portion. The Company will help the Guest reach the nearest motorable road or railhead at the Guest’s cost.
• The Company is not liable for any consequential loss, including loss of leave, mental agony, loss of return flight or connecting service, or business loss.

7.3 Notification

The party invoking force majeure shall notify the other in writing within seven days, with reasonable proof.

7.4 Government Registration Risks (Uttarakhand-Specific Carve-Out)

Char Dham Yatra Registration is mandatory and free; the Company assists but does not guarantee a slot. Where slots are capped, full or partial cancellation by the Government does not entitle the Guest to a refund of land arrangements already paid for, but the Guest may use Clause 7.2(c) (credit note or reschedule).

8. Refund Processing

8.1 Approved refunds will be processed within 10 to 15 business days of cancellation confirmation, via the original payment instrument, per RBI guidelines.

8.2 A GST credit note will be issued under Section 34 of the CGST Act, 2017, no later than 30 November of the financial year following the year in which the supply was made (or the date of filing the relevant annual return, whichever is earlier).

8.3 No interest is payable on refunded amounts.

8.4 Bank charges, payment-gateway charges, FX conversion losses, and the 2.0% convenience fee (on card payments) are always retained.

8.5 Cancellation charges retained by the Company are taxable at the same rate as the tour operator service (currently 5% GST), per CBIC Circular No. 178/10/2022-GST dated 03 August 2022.

9. Travel Insurance

9.1 The Company strongly recommends every Guest purchase comprehensive travel insurance covering medical evacuation, trip cancellation, baggage, and personal accident.

9.2 Travel insurance is mandatory for treks above 3,000 metres and for guests above 65 years.

9.3 The Company is not an insurance intermediary; any insurance procured directly is a contract between the Guest and the insurer.

10. Modifications and Itinerary Changes

10.1 The Itinerary is indicative. The Company reserves the right to vary hotels (to an equivalent or higher category), reorder sightseeing days, change transport mode, or substitute service providers without prior notice where required by operational realities.

10.2 Any material upward variation in cost on account of government levies, fuel, permit fees, peak-season surge, or third-party tariff increase between booking and travel is payable by the Guest.

11. Limitation of Liability

11.1 The Company acts as a tour operator and, in respect of Third-Party Services, only as a facilitator. The Company is not liable for any act, default, negligence, deficiency, accident, injury, death, loss, damage, delay, or breakdown arising from Third-Party Services.

11.2 In any event, the total liability of the Company in respect of any claim shall not exceed the Total Tour Cost actually paid by the Guest to the Company.

11.3 The Company is not liable for loss of personal belongings, baggage delay, or theft on tour.

12. Grievance Redressal

In compliance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.

12.1 Grievance Officer — Dev, Earthly Hospitality Services Private Limited. Email grievance@escapes.asia · Telephone +91 99901 19989. Working hours: Monday to Saturday, 10:00 to 18:00 IST.

12.2 Complaints will be acknowledged within 48 hours of receipt and resolved within 30 days, per the Consumer Protection (E-Commerce) Rules, 2020.

13. Governing Law and Jurisdiction

13.1 These Terms & Conditions and any contract arising from them shall be governed by the laws of India.

13.2 Subject to Clause 12 (Grievance Redressal) and the Guest’s statutory consumer-court rights, the parties submit to the exclusive jurisdiction of the competent civil courts at Dehradun, Uttarakhand.

13.3 Any tax dispute shall be governed by the CGST and SGST Acts and adjudicated before the appropriate authority or tribunal.

14. Miscellaneous

14.1 No waiver of any term is effective unless in writing.

14.2 If any clause is held unenforceable, the remainder of these Terms & Conditions survives.

14.3 The Company may amend these Terms & Conditions from time to time by publishing on escapes.asia; the version in force on the date of booking applies to that booking.

Acceptance

By making any payment to Earthly Hospitality Services Private Limited or by signing/email-confirming the Itinerary, you acknowledge that you have read, understood, and accepted these Terms & Conditions in full on behalf of yourself and all travellers named in the booking.