Basis of Agreement
D’HIMALAYAN RIDERS carries on the business of travel and tourism planning, management, booking and all associated services as described on our website www.dhimalayanriders.com.au.
D’HIMALAYAN RIDERS has agreed to provide the Services to the Client and the Client has agreed to procure the Services from D’HIMALAYAN RIDERS in accordance with the proposal sent to the Client by D’HIMALAYAN RIDERS via email outlining the trip particulars and costs (Proposal) which will constitute the Tour, the Clients’ written email approval of the Proposal (Booking), and the terms and conditions on the following pages (which together form this “agreement”).
Important:
D’HIMALAYAN RIDERS provides only land-based activities and services as outlined in the Proposal. The Client acknowledges that flights, airfare, and any other air travel arrangements are not included in the Fees unless otherwise specified by D’HIMALAYAN RIDERS and must be arranged independently by the Client. D’HIMALAYAN RIDERS assumes no responsibility or liability for any issues related to air travel, including but not limited to delays, cancellations, or missed connections.
The Client will be deemed to have accepted this agreement if the Client proceeds with making a Booking with D’HIMALAYAN RIDERS after receiving or becoming aware of these terms and conditions. By paying the deposit, the Client acknowledge and agree to be bound by the terms and conditions outlined in this agreement.
📋 Payment Schedule
- Booking Deposit: AUD $100 non-refundable to secure your tour
- 50% Payment: Due 60 days prior to tour start date
- Final Payment (100%): Due 30 days prior to tour start date
- Late Bookings: 100% payment required for bookings made less than 30 days prior
❌ Cancellation Policy
60 days or more before departure: Full refund minus a 10% admin fee
45–59 days before departure: 50% refund
30–44 days before departure: 25% refund
Less than 30 days before departure: No refund
No-shows (flight delays/cancellations):
Treated as cancellation – Non-refundable
Initial Booking Deposit:
Non-refundable for all trips, regardless of cancellation reason (subject to Australian Consumer Law)
💳 Additional Fees
- • Credit card surcharges may apply
- • Late payment fees: up to 10% of outstanding amount per week overdue
- • If payment not received within 10 days, services may be cancelled
🏦 Payment Method
Pay the Fees by the remittance method set out in your invoice.
Client Obligations
🛂 Passport & Visa
- ✓ Valid passport with at least 6 months validity
- ✓ Valid visa or travel permit for international travel
- ✓ Your responsibility to ensure compliance with entry/exit requirements
- ✓ D’HIMALAYAN RIDERS not liable for passport/visa issues
🏥 Travel Insurance – Strongly Encouraged
Travel insurance is a mandatory element of some travel arrangements, and we strongly encourage every rider to hold comprehensive cover, including:
- • Cancellations and trip interruptions
- • Medical and repatriation expenses
- • Personal injury and accident
- • Loss of personal baggage and money
- • Emergency helicopter evacuation
- • Personal liability
D’HIMALAYAN RIDERS will not be held liable for any costs or losses incurred due to lack of adequate insurance coverage.
🏍️ Motorcycle License
For motorcycling tours, you must hold:
- ✓ Valid motorcycle license from your home country
- ✓ International Driving Permit (IDP) valid in Australia or as required
- ✓ Licenses must be available for inspection
💪 Health & Fitness
By booking, you confirm that:
- • You have assessed your fitness for all activities
- • You are medically fit to participate
- • You have disclosed relevant medical conditions
- • You have sought medical advice and obtained necessary vaccinations
- • You can climb stairs and navigate uneven terrain
Inherent Risks & Disclaimers
You acknowledge that participating in Himalayan motorcycle tours involves INHERENT RISKS, including:
- • Personal injury, illness (including altitude sickness)
- • Property damage or loss
- • Even death in extreme cases
- • Risks from weather, terrain, altitude, and travel delays
- • Transportation failures and third-party conduct
VOLUNTARY ASSUMPTION OF RISK:
By booking and participating in the Tour, you voluntarily assume all risks associated with the itinerary and release D’HIMALAYAN RIDERS, its staff, contractors, and affiliated entities from any liability for injury, illness, damage, or loss sustained in connection with the Services, except where such liability cannot be excluded by law.
Additional Disclaimers:
- • D’HIMALAYAN RIDERS is not a medical provider and does not offer medical advice
- • You are responsible for all medical emergency costs
- • Not liable for loss, theft, or damage to personal belongings
- • Not responsible for accuracy of third-party information
Itinerary Changes & Tour Modifications
(a) D’HIMALAYAN RIDERS reserves the right to modify the itinerary before or during your Tour due to weather conditions, local regulations, safety concerns, or other unforeseen events beyond our control.
(b) Any significant changes will be communicated promptly. This may include changes to difficulty level, route, or schedule.
(c) Additional costs arising from itinerary changes are your responsibility.
⚠️ Early Termination Policy:
(d) If you choose or are required to end your Tour early for any reason, NO REFUND will be provided for unused days or services. Our operational costs remain the same, as guides, motorcycles, mechanics, accommodation and support staff are paid for the full duration.
Minimum Participants: Fees are based on minimum participant numbers. If numbers change, the full cost remains payable with no refunds or adjustments.
Limitation of Liability
Maximum Liability:
To the maximum extent permitted by law, the total liability of each party is limited to the amount paid by you to D’HIMALAYAN RIDERS under the most recent Proposal.
Consequential Loss:
Neither party liable for incidental, special or consequential loss, or damages for loss of data, business opportunity, goodwill, profits or revenue, except for fraud, personal injury, death, or where liability cannot be excluded under Competition and Consumer Act 2010 (Cth).
Australian Consumer Law:
Nothing in this agreement limits the Australian Consumer Law (ACL). Under the ACL, you may be entitled to certain remedies (like refund, replacement or repair) if there is a failure with goods or services provided.
Dispute Resolution & Governing Law
If a dispute arises, parties will participate cooperatively in mediation through the Australian Disputes Centre (ADC) at equal shared expense.
If mediation fails, parties must engage independent legal representation and participate in arbitration through the ADC.
Parties will use best endeavours to avoid litigation and reach prompt settlement.
Governing Law:
This agreement is governed by the law applying in Victoria, Australia. Each party submits to the exclusive jurisdiction of Victorian courts.
Additional Terms
Confidentiality & Privacy:
Parties must comply with Privacy Act 1988 (Cth) and D’HIMALAYAN RIDERS’ privacy policy.
Intellectual Property:
Unless otherwise stated, IP rights in new material vest in D’HIMALAYAN RIDERS. Each party retains its existing material.
Subcontracting:
D’HIMALAYAN RIDERS may subcontract any services. We act as tour organiser and coordinate with independent third-party service providers (buses, accommodations, etc.).
Force Majeure:
Obligations suspended during Force Majeure Events (acts of God, war, pandemic, etc.) beyond party’s control.
Entire Agreement:
This agreement embodies the entire agreement and supersedes all prior negotiations, conduct, or arrangements.
Riders Responsibility:
Riders are responsible for the motorbike throughout the tour. In the event of damage, the rider agrees to pay all associated repair or replacement costs.
Questions About These Terms?
If you have any questions about these terms and conditions, please contact us:
Phone: 0452 337 260
Email: booking@dhimalayanriders.com.au
Address: Melbourne, VIC
