1. Introduction
Welcome to Nomad Nivas. These Terms & Conditions ("Terms") govern your use of the Nomad Nivas website (nomadnivas.com) and any services, trips, adventures, camps, treks, or experiences (collectively, "Activities") offered through the website. By accessing the website, making a booking, or participating in any Activity, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the website or book any Activities.
2. Definitions
- Company: Nomad Nivas, the operator of nomadnivas.com.
- You / Participant / Client: Any person who uses the website, makes a booking, or participates in an Activity.
- Booking: A confirmed reservation for an Activity made through the website or by other authorized booking channels.
- Supplier / Third-Party Provider: Independent contractors, local operators, guides, transport or accommodation providers engaged to deliver part or all of an Activity.
3. Eligibility
You represent and warrant that you are at least 18 years old, or if under 18, have the consent of a parent or legal guardian, and that you have the legal capacity to enter into a binding agreement.
4. Bookings, Confirmation & Payment
- How to Book: Bookings can be made via the website or by contacting our team. A booking is confirmed only once you receive a confirmation email and any required deposit or full payment has been processed.
- Deposits & Payments: A deposit may be required to secure a booking. The balance (if any) must be paid by the date specified in your confirmation. Failure to pay the balance by the due date may result in cancellation and forfeiture of your deposit.
- Payment Methods: We accept payment methods displayed on the website. Card payments and online payment gateway transactions may be subject to additional processing fees.
- Prices & Availability: All prices are subject to availability and may change until your booking is confirmed. Prices displayed do not include certain local taxes, permits, or optional extras unless otherwise stated.
5. Cancellations, Changes & Refunds
- By You: If you cancel your booking, cancellation terms shown in your booking confirmation apply. Cancellation charges may include retention of deposit or additional fees depending on timing and type of Activity.
- By Us: We may cancel or alter an Activity due to insufficient bookings, safety concerns, weather, government restrictions, or other operational reasons. If we cancel, we will offer alternatives where possible, or provide a refund or credit as described in your booking confirmation.
- No-Shows & Early Departures: No refunds will be given for no-shows, late arrivals, or if you leave an Activity early for any reason.
6. Changes to Your Booking
Requests to change dates, services or participants should be made as early as possible. Changes are subject to availability and may incur fees. We will try to accommodate reasonable requests but cannot guarantee changes can be made.
7. Health, Fitness & Medical Conditions
- Disclosure: You must disclose any medical conditions, disabilities, or other circumstances that may affect your ability to safely participate. Failure to disclose relevant information may result in refusal of participation without refund.
- Fitness: Many Activities are physically demanding. It is your responsibility to ensure that you are fit and prepared for the Activity you book.
8. Travel Insurance
You must obtain appropriate travel and medical insurance that covers adventure activities, emergency evacuation, personal injury, and loss/theft of personal property. Insurance is your responsibility and should be obtained before travel.
9. Risks and Assumption of Risk
Adventure Activities involve inherent risks, including but not limited to injury, illness, property loss, or death. By booking and participating, you acknowledge and accept these risks and agree to participate at your own risk.
10. Waiver & Release of Liability
To the fullest extent permitted by law, you release and hold harmless Nomad Nivas, its employees, agents, affiliates, and suppliers from any claims, losses, liabilities, damages, costs (including legal fees) arising out of or in connection with your booking, travel to/from Activities, participation in Activities, or use of equipment, except where caused by the Company’s gross negligence or willful misconduct.
11. Local Rules, Safety Instructions & Authority
You must follow the instructions of guides, leaders, and local authorities at all times. Failure to comply with safety instructions may result in removal from the Activity without refund and you may be responsible for any costs incurred.
12. Equipment, Personal Property & Accommodation
- Provided Equipment: Any equipment supplied must be used responsibly and returned in good condition. You may be liable for damage or loss.
- Personal Property: The Company is not responsible for loss, theft, or damage of personal items. Keep valuables secure.
- Accommodation: Where accommodation is provided, it is typically in the form described in the tour details; the Company is not liable for minor variations in standards.
13. Behaviour & Conduct
We expect all participants to behave responsibly and respectfully to fellow participants, guides, hosts, local communities and the environment. The Company reserves the right to remove any participant whose behaviour is unreasonable or dangerous, without refund.
14. Environmental & Cultural Responsibility
You agree to respect local laws, cultures, and the environment. Littering, disturbing wildlife, or disrespectful behaviour is prohibited.
15. Photos, Videos & User Content
- Company Content: All content on nomadnivas.com, including text, images, logos, and itineraries, is owned or licensed by Nomad Nivas and protected by copyright.
- User Content: By submitting photos, reviews or other material to the Company or posting on public social channels where you tag Nomad Nivas, you grant the Company a non-exclusive, worldwide, royalty-free license to use that content for marketing, social media and promotional purposes.
- Photography During Activities: Guides may take photos during Activities for promotional use. Notify staff if you do not consent to being photographed.
16. Third-Party Providers
Some parts of Activities may be provided by third-party suppliers (transport, accommodation, local guides). These suppliers are independent contractors. Where possible, the Company selects reputable partners but cannot guarantee their performance. Your contract for those services remains with the supplier where applicable.
17. Limitation of Liability
Except where prohibited by law, the Company’s total liability for any loss or damage arising out of or in connection with these Terms or your booking is limited to the amount you paid for the relevant booking. This limitation does not apply to liability for death or personal injury caused by the Company’s proven negligence.
18. Indemnification
You agree to indemnify, defend, and hold harmless Nomad Nivas and its officers, employees, agents and suppliers from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or resulting from your breach of these Terms, negligent or wrongful acts, or misuse of services.
19. Force Majeure
The Company is not liable for failure to perform obligations caused by events beyond its reasonable control, including natural disasters, extreme weather, government actions, civil unrest, pandemics, strikes, or acts of God. In such events, we will make reasonable efforts to offer alternatives, credits or refunds where appropriate.
20. Cancellation by the Company for Safety or Legal Reasons
If the Company reasonably believes an Activity cannot proceed safely or legally, we may cancel or alter the Activity. We will notify you as soon as practicable and provide options such as rescheduling, alternative arrangements, credit, or refund as stated in your booking confirmation.
21. Complaints & Dispute Resolution
If you have a complaint, please notify our staff immediately during the Activity so we can try to resolve it on the spot. If unresolved, submit a written complaint to team@nomadnivas.com within 14 days of the end of the Activity. These Terms are governed by the laws of India. Any dispute not resolved amicably will be subject to the exclusive jurisdiction of the courts in India.
22. Changes to These Terms
We may update these Terms from time to time. The latest version will be posted at nomadnivas.com. Changes that materially affect your booking will be notified to you by email where possible.
23. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
24. Entire Agreement
These Terms, together with any booking confirmation, itinerary and our Privacy Policy, constitute the entire agreement between you and Nomad Nivas in relation to your booking and supersede all prior agreements.