Responisble for the content of this web site is
Desire Earth
Ilona & Mahendra Nalwaya
Yangthang Resorts
P.O. Pelling-737113
W est Sikkim (India)
+91-(0)97331-95490
nalwaya(at)desireearth.com

Copyright:
Permission is granted to download or print material published on this site for personal use only. Its use for any other purpose, and in particular its commercial use or distribution, are strictly forbidden in the absence of prior written approval. Registered trademarks and proprietary names, and copyrighted text and images, are not generally indicated as such on our Web pages. But the absence of such indications in no way implies that these names, images or text belong to the public domain in the context of trademark or copyright law.

Disclaimer:
We cannot assume any liability for the content of external pages. Solely the operators of those linked pages are responsible for their content. We make every reasonable effort to ensure that the content of this Web site is kept up to date, and that it is accurate and complete. Nevertheless, the possibility of errors cannot be entirely ruled out. We do not give any warranty in respect of the timeliness, accuracy or completeness of material published on this Web site, and disclaim all liability for (material or non-material) loss or damage incurred by third parties arising from the use of content obtained from the Web site.

Terms and Conditions

These terms and conditions apply for private persons booking a tour with Desire Earth. For contracts between Desire Earth and Tour operators individual contract terms apply. These terms and conditions are subject to changes according to the individual tour. In case of changes you will receive the final terms and conditions at the time of confirmation of the tour.

1. Registration and conclusion of the contract
On your booking for one of our tours you will receive a confirmation per email. This confirmation asserts as the conclusion of the contract. This contract is also valid for third persons for whom booking has been done. If small changes occur in the tour itinerary Desire Earth will inform the participants.

2. Payment
After the confirmation of the booking the participant is due to pay 30% of the tour price amount. The balance 70% can be paid on commencement of the tour on site.

3. Services
The services included in the tour itinerary are as mentioned. On consultation Desire Earth can consider special requests and requirements of the guests. Service changes as under clause 4 are executable.

4. Service and price changes
In case of changes in services or prices due to outside influences Desire Earth will immediately inform the participants.  These outside influences include changes in the topographic conditions (e.g. through landslides), the infrastructure, the security situation and regulatory influences.
In case of high currency fluctuations in the period between the contract agreement and the commencement of the journey Desire Earth reserves itself to increase the tour prize by a maximum of 5%.

5. Withdrawl through the participant
If the participant withdraws the booking Desire Earth will cover its costs and commitments with contractual partners. In this case the participant has to bear the following costs:
- up to 60 days before commencement of the journey: 20% of the tour price
- from the 59th day to the 30th day before commencement of the journey: 45% of the tour price
- from the 29th  to the 15th  day before commencement of the journey: 75% of the tour price
- from the 14th  day before commencement of the journey: 90% of the tour price

6. Rebooking and designation of an alternative participant
Rebooking or designation of an alternative participant is generally possible, as long as there is sufficient time before commencement of the journey. Extra costs due to this have to be borne by the customer. Since a rebooking or designation of an alternative participant is not possible in all cases, there is no guarantee for this service.

7. Cancellation of journey due to non accomplishment of the minimal required number of participants
If the minimal required number of participants does not get accomplished Desire Earth can cancel the journey up to 14 days before commencement of the journey. As an alternative Desire Earth will offer you the same tour as a private tour against a surcharge. Otherwise you can either book another journey or ask for a refund of the advance payment.

8. Cancellation of the journey due to force majeure (act of God)
In case of occurrences of force majeure or severe changes in the security situation of the region through which the tour leads, Desire Earth as well as the participant can cancel the journey. Expenses incurred up to the day of cancellation are going to be shared by Desire Earth and the participants according to mutual consent. Also paragraph No 7 applies.
In case of unacceptable behavior of the participant or non accomplishment of the pre-requirements as mentioned in the tour itineraries Desire Earth will not refund any payment.

9. Guarantee
For non contractual accomplishment of travel services the participant can ask for corrective services. If the effort is disproportional Desire Earth can opt for a partial refund in amount of the non accomplished service. Deficiencies are to be reported immediately, so that Desire Earth can correct its services.
For deficiencies that are not caused by Desire Earth or its contractual partners there will be no refund or corrective services.

10. Cut-off Period
Demands due to non contractual accomplishment of travel services have to be reported to Desire Earth within one month from the end of the journey as by the travel contract.

11. Passport, Visa and Health Regulations
On request Desire Earth can provide information and assistance concerning passport and Visa requirements as well as information about health precautions.
The responsibilities of accomplishing these formalities are with the participant.