Terms & Conditions — Uttarakhand

TERMS & CONDITIONS

Uttarakhand

escapes.asia

(also trading as iuttarakhand)

Registered Office: Available on request, Uttarakhand, India

GSTIN: 05AAGCE9827L1Z6 | PAN: Available on request | CIN/LLPIN: U55101UR2022PTC013829

Customer Care: info@earthlygroup.in | Available on request

Website: www.escapes.asia / www.iuttarakhand.com

Document: Self-contained Terms & Conditions

Region of Application: Uttarakhand

Version: 1.0 | Effective Date: [Date]

Governing Law: Republic of India | Jurisdiction: Dehradun, Uttarakhand

PREAMBLE

These Terms & Conditions ("Terms", "Agreement") govern every booking, quotation, itinerary, contract of carriage, ancillary service and digital transaction (collectively, "Services") that the Customer enters into with escapes.asia and/or its trading style iuttarakhand (collectively, the "Company") in respect of travel to Uttarakhand. By making an enquiry, paying any sum (including any token, registration or advance amount), accepting an itinerary in writing or by conduct, ticking an online consent box, or commencing travel under a Company-arranged programme to Uttarakhand, the Customer irrevocably accepts these Terms in full.

This document is the complete and self-contained Terms & Conditions for the Uttarakhand programme. It covers tour packages, custom itineraries, air tickets, hotel and resort reservations, transfers, sightseeing, guides, visa assistance (where applicable), foreign exchange facilitation, travel insurance facilitation, activity and adventure bookings, and every other product or service offered by the Company in respect of Uttarakhand.

The scope of Uttarakhand covered by this document includes: Char Dham (Kedarnath, Badrinath, Yamunotri, Gangotri), Hemkund Sahib, Auli, Mussoorie, Nainital, Rishikesh, Haridwar, Chopta, Tungnath, Valley of Flowers, Roopkund, Har-ki-Dun, Nag Tibba and all destinations within the State of Uttarakhand.

The Customer is requested to read these Terms carefully. If the Customer does not agree with any part of these Terms, the Customer must not book any Service with the Company.

1. DEFINITIONS AND INTERPRETATION

1.1 "Company" means escapes.asia (also styled and operated under the brand iuttarakhand), its successors, assigns, branches, franchisees, employees, agents, sub-contractors and authorised representatives.

1.2 "Customer", "Guest", "Traveller", "You" or "Your" means every individual or entity who books, pays for, or travels under any Service of the Company, and includes minors and dependents named on the booking and the lead booker who shall be deemed to act for and on behalf of every other person named on the booking.

1.3 "Booking" means the confirmed reservation of any Service after receipt by the Company of the required advance payment and the Confirmation Voucher having been issued in writing or electronically.

1.4 "Services" means tour packages, fixed-departure group tours, custom/tailor-made itineraries, air tickets, rail tickets, hotel and resort reservations, transfers, sightseeing, guides, visa-facilitation, foreign exchange facilitation, travel insurance facilitation, activity and adventure bookings, religious yatras, MICE arrangements and any other product/service offered by the Company in respect of Uttarakhand.

1.5 "Third-Party Service Provider" or "Supplier" means any airline, railway, hotel, resort, houseboat operator, taxi/transport operator, cab union, activity operator, dive school, trek leader, river guide, helicopter operator, ferry operator, insurance company, embassy/consulate, government authority, payment gateway or any other independent party that actually delivers any component of a Service.

1.6 "Confirmation Voucher" means the written or electronic document/email issued by the Company confirming the Booking and listing the Services committed by the Company in writing.

1.7 "Force Majeure Event" has the meaning given in Clause 9.

1.8 "Quotation" means the Company's written or electronic price proposal which is valid only for the period stated therein, subject to availability and to revision in accordance with Clause 5.

1.9 "Itinerary" means the day-wise programme that is part of the Confirmation Voucher; the Itinerary is indicative and may be varied as set out in Clause 8 and Clause 23.

1.10 "Departure Date" means the date of commencement of the Service as recorded in the Confirmation Voucher.

1.11 "Cancellation Date" means the date on which the Company receives the Customer's unambiguous written cancellation request at the Company's registered email address.

1.12 "Applicable Law" means the laws of the Republic of India in force from time to time, including the Indian Contract Act 1872, the Consumer Protection Act 2019, the Information Technology Act 2000, the Foreign Exchange Management Act 1999, the Goods and Services Tax laws, the Income Tax Act 1961 (in particular Section 206C(1G)), the Arbitration and Conciliation Act 1996, and the Digital Personal Data Protection Act 2023.

1.13 Headings are for convenience only; the singular includes the plural; references to days mean calendar days unless stated otherwise; "writing" includes email and Company-recognised digital channels; "INR" or "Rs." means Indian Rupees; references to a statute include amendments and re-enactments; and the Company is the sole authority on the interpretation of these Terms.

2. ABOUT THE COMPANY

2.1 The Company is an Indian travel and tourism operator with its principal place of business in Available on request, Uttarakhand, India. It markets and arranges domestic and international tour packages, with a specialised competence in Uttarakhand and Himalayan destinations.

2.2 The Company holds GSTIN 05AAGCE9827L1Z6, PAN Available on request and CIN/LLPIN U55101UR2022PTC013829, and is registered under the applicable Indian corporate / partnership statute. Customer care: info@earthlygroup.in | Available on request | Website: www.escapes.asia / www.iuttarakhand.com.

2.3 In every Service that involves a Third-Party Service Provider, the Company acts solely as a booking agent, facilitator and coordinator. The Company does not own, operate or control any airline, hotel, transport company, activity operator or government authority and shall not be deemed to do so by virtue of arranging the Service.

3. BOOKING PROCESS AND CONFIRMATION

3.1 Enquiry & Quotation. The Customer submits an enquiry; the Company issues a Quotation. Pricing in the Quotation is subject to availability, foreign-exchange rates and inventory at the moment of confirmation, and is valid only for the period stated on the face of the Quotation (typically 48-72 hours), after which it lapses and a fresh Quotation must be requested.

3.2 Acceptance. A Booking is created only upon (a) the Customer's written acceptance of the Quotation and these Terms; (b) receipt by the Company of the stipulated advance payment; and (c) issuance by the Company of a Confirmation Voucher. The Company expressly reserves the right not to confirm any Booking and to refund any advance received without assigning any reason.

3.3 Lead Booker. Where two or more persons travel under one Booking, the lead booker warrants that he/she has the authority to bind every other Guest named on the Booking to these Terms and to receive all communications on their behalf.

3.4 Accuracy of Information. The Customer is responsible for the accuracy of all information provided (names exactly as per passport/government ID, age, nationality, medical conditions, dietary requirements, special requests). The Company shall not be liable for any loss, denied boarding, denied entry, visa rejection or additional cost arising from incorrect, incomplete or misleading information furnished by the Customer. The Company reserves the right to cancel the Booking and forfeit the amount paid in case of any misleading information provided by the Guest.

3.5 Minors. Persons under 18 years of age must travel with a parent or guardian; certain activities have minimum age limits set by the operating authority and are non-negotiable.

3.6 Travel Agents Barred from Discount Schemes. Customers who are themselves travel agents by occupation may not avail any consumer-facing discount/cashback/promotional offer of the Company on behalf of their own customers; the Company reserves the right to deny or cancel such Bookings without refund.

4. PAYMENT TERMS

4.1 Advance. A non-refundable booking/registration amount as stated in the Quotation (typically 25-50% of total package value, or 100% of any non-refundable component such as air tickets, train tickets, helicopter seats, pilgrimage permits, hotel pre-purchase blocks, peak-season houseboat blocks, cruise deposits, visa fees and TCS) must be paid to confirm the Booking. The registration amount is non-refundable and interest-free, subject to Clauses 6 and 7.

4.2 Balance. The balance payment is due not later than 15 days before the Departure Date for domestic Bookings, unless the Confirmation Voucher specifies otherwise. Failure to pay the balance by the due date shall be deemed a Customer cancellation under Clause 6 and the Company may, without further notice, release the inventory and forfeit the advance paid.

4.3 Modes of Payment. The Company accepts payments by NEFT/RTGS/IMPS, UPI, account-payee cheque/DD favouring the Company, credit/debit card via the Company's payment gateway, and authorised wallets. Cash payments in INR are accepted only up to the limit permitted under Section 269ST of the Income Tax Act 1961 and against PAN. Outstation cheques are not accepted. A non-refundable payment-gateway/convenience charge (typically 1.8% to 2.5%) shall be borne by the Customer.

4.4 Taxes — GST. All quoted prices are exclusive of taxes unless expressly stated. GST shall be levied at the rates prescribed by Indian law: 5% (without input tax credit) on tour-operator services under Notification 11/2017-Central Tax (Rate), or 18% with ITC as the Company may elect; 18% on commission-only / agency services; plus applicable cess on hotel components, and all third-party taxes (foreign hotel taxes, city/tourist levies, airport taxes, casino entry levies, environment cess, green tax, e-pass fees, congestion fees) shall be additionally payable by the Customer at actuals.

4.5 Right to Adjust. The Company may apply any sum paid by the Customer first towards non-refundable third-party out-of-pocket expenses (airline penalties, hotel retention, GST, payment-gateway charges) before computing any refund payable.

5. PRICING AND QUOTATION VALIDITY

5.1 Indicative Pricing. All published prices, brochures, websites, social-media creatives and Quotations are indicative and subject to revision until the Booking is confirmed and full payment is received.

5.2 Right to Charge Additional Amounts. The Company expressly reserves the right at any time prior to or during the Service to levy additional charges where there is a genuine cost escalation due to one or more of the following: (a) increase in aviation/turbine fuel, government taxes, GST rates or TCS rates; (b) currency fluctuation against the INR by more than plus/minus 2%; (c) revision in airfare, airline YQ/YR surcharges, or supplier tariffs after Quotation date; (d) new statutory permits, e-pass fees, green tax, congestion charges, eco-fees, tourist levies or border fees imposed by any government; (e) re-routing or re-accommodation due to Force Majeure, road closure, landslide, weather, security advisory or other event beyond reasonable control; (f) Customer-initiated changes in itinerary, occupancy, room category, number of persons or transport class; (g) insistence by the Customer on air-conditioned transport in hill/mountain/restricted regions where AC is not feasible, not standard or restricted by local rules and unions (see Clause 23.1).

5.3 Acceptance of Additional Charges. Where the Company invokes Clause 5.2, the Customer shall pay the additional sum within the timeline notified; failing payment, the Company may treat the Customer as having cancelled the Booking with consequences in Clause 6.

5.4 No Price Match Post-Confirmation. Once the Booking is confirmed, no claim for price reduction shall lie even if the Company later quotes a lower price to any other guest for the same product.

6. CANCELLATION POLICY

6.1 By the Customer. Subject to Clause 6.3 (non-refundable components), cancellation charges as a percentage of the total Booking value (excluding TCS and GST already deposited with the Government) are as set out in Clause 6.2 below.

6.2 Standard Cancellation Grid: Cancellation 60 days or more before Departure Date — Registration amount only forfeited. Cancellation 59 to 30 days before Departure Date — 25% of Booking value forfeited. Cancellation 29 to 15 days before Departure Date — 50% of Booking value forfeited. Cancellation 14 to 8 days before Departure Date — 75% of Booking value forfeited. Cancellation 7 days or less before Departure Date, no-show, or early departure — 100% of Booking value forfeited.

6.3 Non-Refundable Third-Party Components. Notwithstanding the Standard Grid, any component that is non-refundable at the time of cancellation by reason of supplier policy (airline tickets on non-refundable fares, train tickets after chart preparation, non-refundable hotel/houseboat/resort blocks, peak-season cancellation windows, cruise deposits, visa fees, ETA/Tourist Card fees, helicopter sector tickets, fixed-departure group tour seat blocks, TCS paid to Government, GST paid to Government, payment-gateway fees) shall be forfeited in full in addition to the Standard Grid. The Customer acknowledges that for peak-season and pilgrimage windows, the entire Booking may be 100% non-refundable from the day of Booking.

6.4 By the Company. The Company may cancel a Booking at any time, with or without giving reasons, in any of the following cases: (a) Force Majeure Event; (b) inadequate participation in a fixed-departure group tour; (c) breach of these Terms by the Customer; (d) suspicion of fraud, misrepresentation, chargeback misuse or unfair customer practice (see Clause 23.3); (e) government advisory, travel ban or security order; (f) supplier insolvency or default; (g) any reason in the Company's sole and reasonable discretion. If the cancellation is attributable solely to the Company and not to any of the above causes, the Company shall refund all sums received from the Customer, without any liability for consequential, indirect or punitive losses or for any compensation beyond a like refund.

6.5 Cancellation Procedure. All cancellations must be intimated in writing to info@earthlygroup.in. Verbal/telephonic cancellations are not accepted. The Cancellation Date is the date on which the Company actually receives the written notice on a working day.

6.6 Visa Rejection / Visa Delay. Visa is the sole prerogative of the granting Embassy/Consulate. Visa rejection, delay or partial approval does not exempt the Customer from the Cancellation Grid; the Company is a facilitator only and shall not be liable for visa outcomes.

7. REFUND POLICY AND TIMELINES

7.1 Refund Computation. Any refund payable shall be computed as: (amount received from Customer) minus (non-refundable third-party expenses already incurred) minus (applicable cancellation charge under Clause 6) minus (payment-gateway and bank charges) minus (GST/TCS already deposited with Government).

7.2 Refund Timeline. Approved refunds shall be processed by the Company within 10 working days of (i) receipt of cancellation, (ii) recovery of non-refundable amounts from suppliers, and (iii) submission of all required Customer documents (cancellation form, copy of payment receipts, bank details). Credit to the Customer's bank/card/wallet may take an additional 3-7 working days depending on the bank/card network; the Company is not liable for delays attributable to banking channels.

7.3 Mode of Refund. Refunds shall be paid to the same payment instrument from which payment was received. For payments received in foreign currency, refunds shall be made in INR only, in accordance with applicable RBI/FEMA regulations.

7.4 Refund Cap on Force Majeure. In a Force Majeure Event, the Company shall pass on whatever amount is actually recovered from the relevant Third-Party Service Providers, less the Company's irrecoverable out-of-pockets and a reasonable service fee. In no event shall the Company's refund liability under a Force Majeure exceed the amount actually received and recovered.

7.5 No Refund for Unused Services. No refund is payable for any unused/partially-used Service (meals not consumed, sightseeing skipped, optional excursion declined, early departure, illness, voluntary detachment from the group).

7.6 Disputed Chargebacks. If the Customer initiates a chargeback against any payment to the Company in respect of which a Service has been delivered (in whole or in part) or for which a cancellation has been processed in accordance with these Terms, the Company reserves the right to (a) defend the chargeback with evidence; (b) cancel any pending Service; (c) withhold any pending refund; (d) initiate legal action for recovery and damages; and (e) report the misuse to credit bureaus and law enforcement.

8. MODIFICATIONS AND AMENDMENTS

8.1 By the Customer. Any request to modify a confirmed Booking (date, name, occupancy, hotel category, route, add-on) must be in writing and is subject to availability and to applicable amendment charges of suppliers plus a Company modification fee of the higher of (i) 10% of package value or (ii) INR 2,500 per amendment, plus any fare/tariff difference. Name changes on confirmed air tickets are generally not permitted by airlines and may require a full cancellation and re-booking.

8.2 By the Company. The Company reserves the right, at any time before and during the Service, to alter, substitute, re-route, advance, defer, shorten or extend the Itinerary for reasons including, without limitation: weather, road condition, landslide, flood, snowfall, glacier/avalanche risk, government advisory, security situation, supplier unavailability, force majeure, vehicle breakdown, helicopter cancellation, operational considerations, safety considerations, group discipline, or for the better enjoyment of the majority of the group. Any such modification shall not entitle the Customer to a refund of any unused portion or to any compensation beyond a like-for-like substitution where reasonably possible.

8.3 Hotel Substitution. Where a contracted hotel becomes unavailable, the Company may substitute it with an alternative of similar or higher category, and the Customer's acceptance shall be deemed.

9. FORCE MAJEURE

9.1 Definition. "Force Majeure Event" means any event or circumstance beyond the reasonable control of the Company. For this Uttarakhand programme, Force Majeure Events include, without limitation: act of God; earthquake, landslide, avalanche, cloudburst, flash flood, glacial lake outburst flood (GLOF); heavy snowfall, road blockage on Char Dham routes, NH-7/NH-58/NH-94/NH-109 closure; suspension or capping of darshan by the Shri Badarinath-Kedarnath Temple Committee, Uttarakhand Char Dham Devasthanam Board, or State Government; closure of yatra by the State Government; cancellation of helicopter services by the operator, IRCTC, UCADA or DGCA; revision of e-pass quotas under registrationandtouristcare.uk.gov.in; vehicle curfew enforcement on Char Dham routes between 22:00 and 04:00; restrictions imposed under Section 144 of the Code of Criminal Procedure; pandemic, epidemic, quarantine, lockdown; strike, bandh or transport union action; war, terrorism, civil commotion; and any other event of similar nature.

9.2 Consequences. Upon occurrence of a Force Majeure Event, the Company may, in its sole discretion: (a) suspend, postpone, modify, re-route or cancel the affected Service; (b) substitute an equivalent product if available; (c) require the Customer to bear additional incidental costs (extra hotel night, alternative airfare, ground evacuation, helicopter rescue, replacement transport, additional permits) arising directly from the event; (d) refund such portion of the price as is actually recovered by the Company from suppliers, less reasonable expenses (see Clause 7.4).

9.3 No Liability. The Company shall not be liable for any loss, damage, delay, missed connection, additional expense, mental agony, loss of enjoyment or consequential loss arising directly or indirectly from a Force Majeure Event.

9.4 Customer's Duty. During a Force Majeure Event, the Customer shall cooperate with the Company and authorities, follow safety instructions, accept reasonable alternative arrangements, and refrain from making independent arrangements at the Company's cost without prior written consent.

10. LIABILITY AND INDEMNITY

10.1 Strict Limitation. The Company's liability under any Booking is strictly limited to the Services that are committed to the Customer in writing in the Confirmation Voucher. Verbal assurances, marketing copy, brochure images, social-media posts and indicative timelines shall not create any additional liability.

10.2 Aggregate Cap. The Company's aggregate liability under any Booking, howsoever arising (whether in contract, tort, negligence, statute, equity or otherwise), shall not exceed the total amount actually paid by the Customer to the Company for that Booking, less applicable taxes and irrecoverable third-party expenses.

10.3 Exclusions. Without prejudice to Clause 10.2, the Company shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential loss or damage (including loss of enjoyment, business loss, loss of profit, loss of opportunity, missed connection, future cancellations, emotional distress).

10.4 Personal Liability of Customer. The Customer is solely responsible for: (a) personal safety, valuables, baggage, electronics, jewellery, cash and travel documents at all times; (b) any damage or loss caused by the Customer to hotel/vehicle/activity-operator property which the Customer shall pay directly to the affected party; (c) any fine, penalty or legal cost arising from the Customer's breach of local law, customs, dress code, drug law, drone law, photography restriction or wildlife law.

10.5 Indemnity. The Customer shall indemnify and keep indemnified the Company, its directors, employees, agents and Suppliers from and against any and all claims, demands, actions, damages, fines, penalties, costs (including reasonable legal fees) arising out of (a) any act, omission, default, negligence or wilful misconduct of the Customer; (b) breach of these Terms; (c) violation of any law of the destination(s) visited; (d) damage to Supplier property; (e) any false declaration in medical/visa/registration documents.

10.6 Medical / Accidental Death or Injury. The Company strongly recommends comprehensive travel insurance (Clause 12). The Company's liability for medical evacuation, hospital bills, repatriation, accident or death is limited to coordination support and is not financial; financial responsibility lies with the Customer/insurer.

11. THIRD-PARTY SERVICES — DISCLAIMER

11.1 The Company functions, in respect of every component supplied by a Third-Party Service Provider, purely as a booking facilitator and disclosed agent. The contract of carriage/accommodation/activity is between the Customer and that Third-Party Service Provider and is governed by that Provider's own terms, conditions, fare rules, liability limitations and the applicable international conventions (Montreal, Warsaw, Athens, Berne/COTIF, Paris).

11.2 No Liability for Third-Party Acts. The Company shall not be responsible for any (a) delay, schedule change, route change, downgrade, denied boarding, lost or damaged baggage caused by an airline; (b) overbooking, downgrading, room category change, hygiene issue, food quality complaint, wi-fi failure, swimming pool closure or front-office discourtesy at a hotel/resort/houseboat; (c) cancellation, delay or accident of a ferry, cruise, helicopter or seaplane; (d) refusal of service by a taxi/cab union, AC malfunction in hill regions, breakdown of vehicle on mountain roads; (e) injury, accident, fatality or property damage during any adventure activity; (f) action, refusal or rude conduct of immigration, customs or police officers; (g) denial of darshan, closure of shrine, change in temple rules or local festival restriction.

11.3 Customer's Direct Recourse. Where a Third-Party Service Provider is in default, the Company shall use reasonable endeavours to coordinate redress; however, the Customer's primary recourse is against the Third-Party Service Provider directly under that Provider's terms.

11.4 Booking Conditions of Suppliers Apply. The Customer is bound by the published booking conditions and fare rules of each Supplier (IATA airline rules, IRCTC rules, hotel cancellation policies, activity-operator safety codes, government registration rules). Acceptance of these Terms is deemed acceptance of those Supplier conditions to the extent applicable.

12. INSURANCE — REQUIREMENTS AND RECOMMENDATIONS

12.1 Strong Recommendation — Domestic. The Company strongly recommends that every Customer purchase comprehensive domestic travel insurance covering, at minimum, accident, medical hospitalisation, emergency evacuation, baggage loss/delay, trip cancellation and personal liability.

12.2 Adventure & Pilgrimage. Customers undertaking adventure activities (Class III/IV/V rafting, treks above 3,000 m, paragliding, scuba diving, ski, snowboarding, bungee, mountaineering) and high-altitude pilgrimages must obtain insurance that expressly covers adventure-sport injury, high-altitude sickness, helicopter evacuation and repatriation of mortal remains. Many standard policies exclude these by default; the Customer is solely responsible for verifying coverage.

12.3 Company Acts as Distributor Only. Where insurance is sold/facilitated through the Company, the Company acts solely as an authorised distributor of the insurer. All claims, exclusions, deductibles and disputes lie between the Customer and the insurer. The Company shall have no liability for claim repudiation by the insurer.

13. PASSPORT, VISA AND DOCUMENTATION

13.1 General. Obtaining, maintaining and presenting all valid travel documents — passport (with at least 6 months' validity beyond intended date of return and adequate blank pages where international), visa, ETA, e-visa, electronic arrival cards, permits, registrations, RFID cards, health certificates, vehicle permits, vaccination certificates, travel insurance, government ID for domestic travel — is solely the responsibility of the Customer.

13.2 Visa Facilitation Only. Where the Company assists in visa applications, it is purely as a facilitator. Grant, refusal, partial approval or delay of any visa is the sole prerogative of the consulate/embassy. Visa fees, VFS fees, biometric fees, courier charges and document attestation/apostille fees are non-refundable irrespective of outcome.

13.3 Same-Spelling Rule. Names on all tickets, vouchers and registrations must match the passport/ID exactly. Any discrepancy is the Customer's responsibility; reissue or denied boarding costs are payable by the Customer.

13.4 Specific Permits & Documentation for Uttarakhand:

13.4.1 All pilgrims, drivers and tour guides participating in the Char Dham Yatra 2026 must register online at registrationandtouristcare.uk.gov.in or via the 'Tourist Care Uttarakhand' mobile application and obtain the QR-coded e-pass. Registration is free of cost; the Customer is warned against unverified third-party agents claiming to issue 'official' registrations for a fee.

13.4.2 Vehicles on the Char Dham routes must carry a valid Green Card / Trip Card issued by the Uttarakhand Transport Department (greencard.uk.gov.in), and drivers must hold the prescribed specialised training certificate for hilly-terrain driving.

13.4.3 For high-altitude treks (Valley of Flowers, Roopkund, Har-ki-Dun, Pindari, Kafni, Kuari Pass, Brahmatal, Kedarkantha) the Customer must comply with Indian Mountaineering Foundation (IMF) and Uttarakhand Forest Department permit requirements; foreign nationals may require additional permits for restricted/protected areas.

13.4.4 For Hemkund Sahib Yatra the Gurudwara Shri Hemkund Sahib Management Trust registration applies in addition to Char Dham registration where relevant.

13.4.5 For helicopter services to Kedarnath/Yamunotri/Gangotri/Badrinath, bookings are routed exclusively through the IRCTC heli-portal; allocation is by lottery and is non-refundable on weather cancellation beyond what the operator refunds.

14. HEALTH, FITNESS AND MEDICAL DISCLOSURE

14.1 Mandatory Disclosure. Each Customer warrants that he/she has truthfully disclosed at the time of Booking every relevant medical condition (cardiac disease, hypertension, asthma, diabetes, epilepsy, pregnancy, recent surgery, mobility limitation, allergy, mental-health condition). Failure to disclose absolves the Company of any liability.

14.2 Fitness Requirement. The Customer warrants that he/she is medically fit and undertakes any Service at his/her own risk. The Company may refuse, suspend or terminate participation if it forms a reasonable view that the Customer is unfit (without refund).

14.3 Medical Costs. All medical, ambulance, helicopter rescue, hospital, repatriation costs are the responsibility of the Customer and his/her insurer. The Company shall not be liable.

14.4 No Liability for Aggravation. Aggravation of pre-existing conditions due to altitude, weather, exertion, food, allergens or stress is not the Company's liability.

14.5 Specific Health & Fitness Requirements for Uttarakhand:

14.5.1 Pursuant to the Uttarakhand Government health protocol announced for the 2026 Char Dham Yatra, medical screening is mandatory for pilgrims aged 55 years and above and for pilgrims with a documented history of cardiac disease, hypertension, asthma, diabetes or chronic respiratory illness.

14.5.2 All Customers must undertake a minimum acclimatisation of 24-48 hours at Haridwar/Rishikesh/Sonprayag/Govindghat before ascending to the higher shrines.

14.5.3 Oxygen-saturation (SpO2) monitoring is conducted at 31 health-check centres and 20 Medical Relief Posts (MRPs) along the Yatra route; the Customer shall comply with such checks.

14.5.4 The Customer expressly accepts all risks of Acute Mountain Sickness (AMS), High-Altitude Pulmonary Edema (HAPE), High-Altitude Cerebral Edema (HACE), hypothermia, frostbite and exhaustion. The Company is not liable for any aggravation of pre-existing conditions due to altitude, exertion or cold.

14.5.5 Pregnant women, persons under 6 years or above 75 years of age, and persons with serious heart, lung or neurological conditions are advised not to undertake the Char Dham Yatra; if the Customer chooses to do so against medical advice, the entire risk is the Customer's.

15. CONDUCT, BEHAVIOUR AND RIGHT TO REFUSE SERVICE

15.1 The Customer shall at all times: (a) behave in a manner that does not endanger or distress fellow travellers, the tour leader, drivers, guides, hotel staff or local population; (b) obey lawful instructions of the tour manager, guide, driver, pilot, captain, dive instructor or shrine authority; (c) refrain from intoxication, possession or use of illicit drugs, abusive language, sexual harassment, racial slur or violence; (d) respect local customs, dress codes, photography restrictions and religious sensitivities; (e) refrain from operating drones without permission; (f) refrain from any act constituting an offence under the laws of the destination.

15.2 Right to Eject. The Company, its tour manager and any Supplier reserve the right, without refund and at the Customer's cost, to eject the Customer from the tour, hotel, vehicle, vessel, helicopter, activity or shrine for any breach of Clause 15.1. Onward travel home shall be entirely at the Customer's expense.

15.3 No Smoking / Alcohol Rules. Smoking is prohibited inside vehicles, helicopters, ferries, hotel rooms (where designated) and at all religious sites. Alcohol consumption is forbidden during shrine visits and Yatras and inside vehicles. The Customer is responsible for compliance with destination-specific alcohol rules.

16. PHOTOGRAPHY, MEDIA AND INTELLECTUAL PROPERTY

16.1 The Customer agrees that the Company and its tour manager may photograph/video the tour for legitimate operational and marketing purposes and may use such material on its website, social media, brochures and promotional collateral without further consent or compensation, except where the Customer expressly objects in writing in advance.

16.2 The Company's itineraries, route maps, package descriptions, brochures, photographs, website content, software, logos and brand names (escapes.asia, iuttarakhand) are the intellectual property of the Company and may not be copied, distributed, reverse-engineered or used by any other party without prior written consent.

16.3 The Customer warrants that any User Generated Content (review, photo, video) shared on the Company's platforms is original or properly licensed and grants the Company a non-exclusive, worldwide, royalty-free licence to use, display and distribute the same.

17. DATA PRIVACY AND PERSONAL INFORMATION

17.1 The Company collects, stores and processes the Customer's personal data (name, address, passport, contact, payment, health declaration, dietary preference, photographs) in accordance with the Digital Personal Data Protection Act 2023, the Information Technology Act 2000 and rules thereunder, and the Company's Privacy Policy published at www.escapes.asia/privacy.

17.2 Data may be shared with Third-Party Service Providers (airlines, hotels, embassies, registration portals, government authorities) strictly to deliver the Service.

17.3 The Customer has rights of access, correction, erasure and grievance redressal as set out in the Privacy Policy. The Grievance Officer's contact details are published on the website.

17.4 The Company will not sell personal data to unrelated third parties.

18. COMMUNICATION AND NOTICES

18.1 All notices, intimations and requests from the Customer must be sent to info@earthlygroup.in and shall be deemed received on the next working day if sent before 18:00 IST on a working day.

18.2 The Company will communicate with the Customer at the email/phone provided in the Booking Form. The Customer shall ensure delivery and is responsible for monitoring those channels, including WhatsApp where applicable.

18.3 During travel, the Company may communicate via the on-tour manager, guide or the Indian customer-care helpline. International roaming, local SIM availability and internet limitations are the Customer's responsibility.

19. COMPLAINT RESOLUTION MECHANISM

19.1 On-Tour Complaints. Any service deficiency shall be raised immediately with the on-tour manager/driver/hotel front office while there is still opportunity to remedy it. Complaints first raised after the conclusion of travel may not be entertained.

19.2 Post-Tour Complaints. Written complaints must reach info@earthlygroup.in within 15 calendar days of completion of the Service. Complaints received after 30 days shall not be entertained.

19.3 Acknowledgement & Response. The Company shall acknowledge within 7 working days and respond substantively within 21 working days, with a final response within 45 working days.

19.4 Escalation. Unresolved complaints may be escalated under the Consumer Protection Act 2019 to the Consumer Disputes Redressal Commission of competent jurisdiction in Uttarakhand, or referred to arbitration under Clause 21.

19.5 Grievance Officer. As required by the IT (Reasonable Security Practices and Procedures) Rules 2011 and IT (Intermediary Guidelines) Rules 2021, the Company's Grievance Officer is: [Name, Email, Phone].

20. GOVERNING LAW AND JURISDICTION

20.1 These Terms, every Booking and every dispute arising therefrom shall be governed by and construed in accordance with the laws of the Republic of India.

20.2 Subject to Clause 21 (arbitration), the courts at Dehradun, Uttarakhand shall have exclusive jurisdiction in respect of any matter arising out of or in connection with these Terms and any Booking, to the exclusion of any other court. The Customer expressly waives any plea of forum non conveniens.

20.3 Where a non-arbitrable dispute arises or interim/urgent reliefs are required, the parties may approach the Court of competent jurisdiction at Dehradun.

21. ARBITRATION

21.1 Reference. Any dispute, controversy or claim arising out of or in connection with these Terms (including its existence, validity, interpretation, performance, breach or termination) which is not amicably settled within 30 days of written notice from one party to the other, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act 1996 (as amended) by a sole arbitrator to be appointed by the Company.

21.2 Seat & Venue. The seat and venue of arbitration shall be Dehradun, Uttarakhand. The arbitration shall be conducted in English.

21.3 Award. The award shall be final and binding. Costs of arbitration shall be borne by the parties as directed by the arbitrator.

21.4 Interim Relief. Either party may seek interim or urgent relief from the courts at Dehradun as per Section 9 of the Arbitration and Conciliation Act 1996.

22. SEVERABILITY, ENTIRE AGREEMENT, WAIVER, AMENDMENT

22.1 If any provision of these Terms is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect, and the offending provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

22.2 These Terms, together with the Confirmation Voucher and the Company's Privacy Policy, constitute the entire agreement between the parties and supersede all prior representations, brochures, marketing material and oral assurances.

22.3 No failure or delay by the Company in exercising any right shall operate as a waiver. A waiver in one instance shall not constitute a continuing waiver.

22.4 The Company reserves the right to amend these Terms at any time by publication on its website. The version of these Terms in force on the Booking confirmation date shall govern that Booking.

22.5 Assignment. The Customer may not assign rights under a Booking; the Company may assign to a successor entity.

23. SPECIAL CLAUSES — OPERATIONAL & ANTI-ABUSE

23.1 Region-Specific Transport & Air-Conditioning Provisions:

23.1.1 The Customer expressly acknowledges that on Char Dham routes, Auli, Mussoorie, Nainital, Chopta, Munsiyari, Kausani and other hill destinations within Uttarakhand, air-conditioning in taxis, cabs and tempo-travellers may be (a) restricted by local taxi-union or RTO rule; (b) technically not feasible due to engine load on steep mountain gradients; (c) switched off by the driver to prevent overheating and brake failure; or (d) available only against an additional surcharge demanded by the local operator.

23.1.2 Where the Customer insists on continuous AC operation in such regions, the Company reserves the right to levy an additional charge of INR 500 to INR 1,500 per day per vehicle (subject to the operator's quote at that time) and the Customer agrees to pay the same.

23.1.3 The Customer shall not deduct, dispute, withhold or chargeback any payment to the Company on the ground that AC was not in continuous operation on hill routes.

23.1.4 Vehicle movement on Char Dham routes is permitted only between 04:00 hrs and 22:00 hrs by State Government order; no night driving will be undertaken under any circumstances.

23.1.5 The Company exclusively engages Uttarakhand-registered, union-compliant transport. Customer-procured outside taxis may not be allowed entry by local taxi unions at Mussoorie, Nainital, Manali-Joshimath border, Sonprayag and other union-controlled points; the Customer's request for non-union transport will be declined.

23.2 Right to Charge Additional Amount for Genuine Cost Escalation. Without prejudice to Clauses 5.2 and 23.1, the Company reserves the right to recover from the Customer any genuine cost escalation that arises after Quotation/Confirmation, including new permit fees, fuel surcharge, route diversion costs, additional hotel night due to weather-grounded transport, AC surcharge per Clause 23.1, and any other cost-up event beyond the Company's control. Failure to pay shall entitle the Company to suspend further Service.

23.3 Right to Reject / Cancel for Unfair Customer Practice. The Company expressly reserves the right, in its sole discretion and without refund, to refuse, suspend or cancel any Booking, eject the Customer from the tour and blacklist the Customer for future Bookings, in any of the following cases: (a) fraudulent chargeback or payment dispute raised in respect of services delivered or duly cancelled; (b) false, misleading or fabricated claims of service deficiency, including false statements on review/social-media platforms intended to extract refunds; (c) abusive, intimidating, harassing or threatening conduct towards Company staff, tour manager, drivers, guides or fellow travellers; (d) wilful damage to Supplier property; (e) breach of local law, narcotics laws or shrine/temple rules; (f) misrepresentation in passport, age, medical or visa documentation; (g) booking on behalf of a sanctioned/blacklisted person or for an undisclosed third party (re-sale, scalping); (h) use of the Company's name/quotation to obtain visas without actually travelling (visa fraud).

23.4 Strict Limitation of Liability to Services Committed in Writing. Reiterating Clause 10.1, the Company's liability is strictly and exclusively limited to the Services that are committed in writing in the Confirmation Voucher. Oral assurances, indicative timings, social-media inspiration boards, blog posts, sample itineraries on the website, optional excursions and "subject-to-availability" elements do NOT form part of the binding Service commitment.

23.5 Safety Trump Card. Without prejudice to any other clause, the Company, its tour manager, driver, guide, dive instructor, river guide, pilot, captain or shrine helper may at any time modify, suspend, abandon or terminate any leg of the Itinerary if, in their reasonable judgement, continuation poses an unacceptable risk to safety. No refund or compensation is payable for such safety-driven modifications.

23.6 Group Discipline. Where the Customer travels in a group, the Company's published timings are binding. A Customer who fails to report at the appointed time may be left behind without refund of the unused portion.

23.7 Recording. The Company reserves the right to record customer-service calls and on-tour conversations for training, quality and evidentiary purposes.

23.8 Government Portal Compliance is Customer's Duty. The Customer is solely responsible for completing all government-mandated digital registrations applicable to this destination truthfully and on time. The Company may facilitate but is not the registrant.

23.9 Activity-Specific Waivers for Uttarakhand:

23.9.1 White-water rafting on the Ganga at Rishikesh (Brahmpuri, Shivpuri, Marine Drive, Kaudiyala stretches) is regulated by Uttarakhand Tourism. The Customer acknowledges that rapids range from Class II to Class IV and that drowning, capsizing, injury and death are foreseeable risks. The river is closed by Government order during the monsoon (typically end-June to mid-September). Life-jacket and helmet are compulsory.

23.9.2 Trekking, paragliding (Mukteshwar, Bedni Bugyal, Ranikhet, Naukuchiatal), skiing (Auli), zip-lining, bungee (Mohan Chatti, Rishikesh), giant swing and flying fox are operated by third-party operators registered with Uttarakhand Tourism. The Customer signs the operator's own liability waiver in addition to these Terms.

23.9.3 Wildlife safaris in Jim Corbett, Rajaji, Govind, Askot and Nandhaur are subject to Forest Department rules, slot lotteries, vehicle quotas, and zone closures; no refund is payable if a slot is not allocated or a zone is closed.

23.10 Additional Uttarakhand-Specific Provisions:

23.10.1 Yatra darshan caps: Daily darshan caps at Kedarnath, Badrinath, Yamunotri and Gangotri are fixed by the State Government / Devasthanam Board and may be revised at short notice. If a cap is exhausted on the Customer's date, the Company is not liable for delayed or missed darshan; no compensation or refund of the package is payable on this ground.

23.10.2 Touching of idols, application of tika and offering of prasad in the Kedarnath temple courtyard is prohibited under the 2026 rules; mobile phones and cameras may be confiscated by shrine authorities. The Customer's compliance is mandatory.

23.10.3 GMVN (Garhwal Mandal Vikas Nigam) and KMVN (Kumaon Mandal Vikas Nigam) tourist rest-houses are State-run; their booking conditions, refund timelines and dispute mechanisms govern such bookings and are not at the Company's discretion.

24. DECLARATION BY CUSTOMER

By confirming this Booking and/or making payment for travel to Uttarakhand, I/we acknowledge that:

(a) I/we have read, understood and accepted in full these Terms & Conditions for the Uttarakhand programme, the Privacy Policy, and any Confirmation Voucher.

(b) I/we accept the Company's right under Clause 23 to charge additional amounts in genuine cost-escalation situations and to refuse/cancel for unfair customer practice.

(c) I/we accept that the Company's liability is strictly limited to the Services committed in writing and that the Company is not liable for the acts/omissions of Third-Party Service Providers.

(d) I/we have made all required medical, age and document disclosures truthfully.

(e) I/we agree to arbitration in Dehradun under Indian law and to the exclusive jurisdiction of the courts at Dehradun, Uttarakhand.

Customer Signature(s) / Digital Tick: ____________________

Date: ____________________

For escapes.asia / iuttarakhand: ____________________