The following terms and conditions (“Terms”) govern all bookings made with Ecosphere (“Company”), whether online or through other means. These Terms, along with the Tour Itinerary (as defined below), form a legally binding agreement (“Agreement”) between the Company and the Client/Customer (“You”). By booking any of the Company’s services, you acknowledge and accept these Terms, including our Cancellation and Privacy Policy, and agree to comply with them.
1. Definitions & Interpretation:
- Activities: This includes, but is not limited to, tours, treks, road trips, customized itineraries, camping, local transport, food and beverage and accommodation bookings, equipment rentals, permits, and third-party service arrangements. Activities may also encompass safaris, expeditions, trekking, hiking, rock climbing, river crossings, boating, yak safaris, cultural experiences, cooking, tractor riding, biking, motorcycling, volunteering, and other forms of adventure and exploration (“Services”) conducted by the Company either with or without coordinators.
- Tour Itinerary: A set of tour-specific terms and conditions that are incorporated into this Agreement by reference, which shall to the extent of any inconsistency with the terms contained in this Agreement will prevail over this Agreement.
- Client, Customer, You, your, him, he, his, her, she or similar pronouns: Refers to the individual(s) named on the booking and also the entire group on whose behalf a booking has been made.
- Gender & Number References: Words referring to any gender include all genders. Singular terms include plural references and vice versa, as applicable in context.
2. Acknowledgment, Acceptance and Assumption of Risk, & Indemnity
2.1 Understanding the Risks
The services and activities offered and/or conducted by the Company may involve risks that go beyond those typically associated with conventional travel. You acknowledge that you may be visiting remote or challenging locations where infrastructure—such as accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, electricity, water and sanitation— expected of any traditional tourist destination may be limited or unavailable. Additionally, you understand that any activity you participate in, whether as part of a scheduled itinerary or independently, is undertaken at your own discretion. The Company does not guarantee the safety, quality, or reliability of third-party operators managing these activities and cannot be held responsible for your well-being and safety in this regard.
2.2 Travel & Adventure Risks
You recognize that the activities may take place in diverse environments, ranging from easily accessible areas to remote and unpredictable terrains. These may involve multiple modes of transport, including but not limited to airplanes, trains, two-wheelers, four-wheelers, boats, horses, yaks, mules, other conveyance, and trekking on foot. Such activities inherently carry risks, including but not limited to personal injury, illness,diseases, psychological trauma, emotional distress, mental suffering or loss and damage of property, and even loss of life due to factors such as wildlife encounters, forces of nature, civil unrest, terrorism, your unfamiliarity with such terrains and situations and other causes known or unknown with or without any means of quick evacuation and adequate medical assistance or facilities may or may not be available.
You also are aware that the Activities may not be safe depending on your condition as it may involve mountaineering, trekking or traversing treacherous or dangerous terrains, safaris and expeditions, in and outside wildlife parks and/or other remote areas, difficult or dangerous terrains. You recognize that such risks may be present at any time before, during, and after the Tour/Treks/Road Trips/Mountain Biking/Activities. You are further aware that the Company relies on third party service providers for accommodation and transportation services and therefore if Innova is mentioned, it is to indicate the likely brand and not necessarily binding, drivers, equipment that may be used, camping, hotel accommodations and lodging, restaurant services and other services and therefore, is not and cannot be held liable for any death, personal injury, harassment (sexual or otherwise), property damage or other loss that may occur due to any act or omission. Under all the circumstances mentioned hereinabove, you hereby fully assume these risks.
2.3 Acknowledgment of Risk
You agree and acknowledge that your travels may expose you to various risks, including but not limited to risks of personal injury and death attributable to accidents, epidemics, Act of God like natural disasters (landslides, avalanches, cloud bursts, floods, earthquakes), wildlife attacks, political instability, riots, terrorism, robbery, sexual harassment, altitude sickness, development of medical complication, and any force majeure events, among others (“Risks”). To the fullest extent permitted by law, you expressly assume any and all risks arising from or caused by or connected with or attributable to the Services availed. You acknowledge and agree that you have understood completely and are fully aware of the Risks and You are solely responsible for, (and the Company has no responsibility to you or to any third party for) any risk to your life and properties (including risks of personal injury attributable to such reasons as likely to be involved in any adventures) while using the Services and for the consequences of your actions (including any loss or damage which the Company may suffer) by doing so.
2.4 Indemnity & Legal Obligations
You hereby agree not to claim the unenforceability of your Release, Indemnification obligation and our Limitation of Liability as contained in this Agreement. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, companions or persons claiming under you (including those accompanying you for whom You may have paid the applicable fees to the Company and shall also be binding upon any minors who accompany You.
2.5 Responsibility & Compensation for Losses
You hereby confirm that you accept full responsibility for use of the Services and/or Activities in contravention of laws, rules, regulations, and the Terms, and further undertakes to indemnify the Company, and to make good any loss, damage, interest, conversion, including but not limited to any other financial charges and outgoings, costs, and consequences that the Company may incur or suffer on your account and your acts of omission/commission and/or negligence.
2.6 Third-Party Claims & Legal Protection
You agree to defend, indemnify, and hold the Company, along with its subsidiaries, affiliates, officers, agents, employees, advertisers, syndication partners, harmless against any third-party claims or liabilities arising from or in any way related to:
(a) Your participation in the services and activities;
(b) Your violation of these terms;
(c) Any other action you take in connection with the services and activities.
This indemnity covers any liability or expense arising from all related claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees.
2.7 Travel Documents & Entry Requirements
It is your sole responsibility to ensure that you have all necessary documents for domestic and international travel, including valid visas, permits, and identification. If you are denied entry to a destination due to missing or invalid documents, you will not hold the Company responsible for this and the Company bears no responsibility for this, and no refunds will be issued in such cases.
3. Booking, Change, Modifications, Cancellation of the Service & Activities
3.1 Changes to Services & Activities
You acknowledge and agree that the nature and scope of the services and activities offered by the Company may be subject to change at any time, without prior notice. These modifications may arise due to weather conditions, safety concerns, security issues, or unforeseen circumstances and force majeure beyond the Company’s control.
3.2 Cancellations & Refund Policy
If a service or activity is postponed, rescheduled or canceled after it has commenced, for reasons including but not limited to Act of God, natural disasters, conflicts, mechanical failures, terrorist activities, internal disputes within the travel group, political disturbances, civil commodations, labor difficulties, government actions, extreme weather, fire or other force majeure events, you understand that the Company is not obligated to provide refunds for any portion of the trip that remains incomplete. Despite all reasonable precautions, certain situations may arise that are beyond the control of the Company, and in such cases, no compensation will be provided.
3.3 Terms of Participation & Behavioral Conduct
You agree that participation in any service or activity is solely at your own risk. The Company provides these experiences on an “as-is” and “as-available” basis. The Company retains full discretion to modify any/ all service or itinerary or activity at any time before or during the tour/trek/road trip/mountain biking/activities without any obligation to serve advance notice to you. Such changes will be at the sole discretion of the Company and shall be binding on You. Additionally, the Company has the right to determine the group size, activity venues, and participation guidelines.
Should you engage in behavior deemed inappropriate or disruptive at any point (either at the beginning or during), the Company reserves the right to discontinue your participation without a refund or compensation . The Company is not liable for any consequences arising from your removal due to misconduct.
3.4 User Conduct & Content Restrictions
You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person or any third party and to which You do not have any right to; or interferes with another Customer’s or user’s use and enjoyment of the Services and/or Activities or any other individual’s use and enjoyment of the Services and/or Activities; or is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or threatening or harassing including but not limited to any violation as under the Indecent Representation of Women (Prohibition) Act, 1986; or ƒ is patently offensive including content that is sexually explicit, or promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or infringes upon or violates any third party’s rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number); or contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his or her guardian in the case of a minor, contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his or her guardian in the case of a minor.
The Company reserves the right to take necessary actions, including legal measures, against any individual violating these terms.
3.5 Cancellation Before Trip Commencement
Ecosphere reserves the right to cancel any trip prior to departure (including, but not limited to travel bans, political restrictions, epidemics or pandemics, by reason of too few people booking on any tour) in which case the Company will refund, or issue a credit note in lieu of the charges collected. However, you will not be entitled to make any further claim for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
3.6 Route Changes/Postponement or Delay
Ecosphere will take every care to ensure that itineraries are followed to the letter but circumstances beyond our control may necessitate changes. In case of a change in routes and properties, Ecosphere will accept no liability but make arrangements for substitution. Ecosphere may for any reason change the date of departure or conclusion of the tour, or it is possible that a route change, postponement or delay (either in relation to departure or to the duration of the expedition) may become necessary due to inclement weather, snow and ice conditions, political restrictions, epidemics or pandemics or any other cause. In the event of a change, postponement or delay, participants have no right to refund of the tour price (in whole or in part) or other compensation for any injury, loss or damage. Package prices are based on ground costs, airfares and exchange rates. Ecosphere tries its utmost not to increase tour prices (in full or part), however sometimes increases are outside its control. We reserve the right to amend tour prices (or any part) without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges etc. Any increase in tour prices must be paid prior to the departure date.
4. Payment, Cancellation, Refund, and Pricing Policy
4.1 Payment Terms
To confirm a booking, a minimum of 50% of the total cost must be paid in advance. The remaining balance must be paid at least one month before the scheduled start date of the service/ activity/ trip. If the full payment is not received within this timeframe, the Company reserves the right to cancel the booking without issuing a refund. No intimation will be provided for the same.
4.2 Cancellation & Refund Policy
If you need to cancel a confirmed booking, please notify the Company by emailing [email protected]. The following cancellation charges will apply:
- More than 30 days before departure – 10% of the total cost will be deducted.
- Between 15 to 30 days before departure – 50% of the total cost will be deducted.
- Less than 14 days before departure – No refund will be issued.
The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Please note that the above quoted amounts may change without notice. We also recommend that you obtain travel insurance upon booking.
4.3 Package Prices & Taxes
Package prices are based on ground costs, airfares and exchange rates. Ecosphere tries its utmost not to increase tour prices (in full or part), however sometimes increases are outside its control. We reserve the right to amend tour prices (or any part) without notice at any time before and including the departure date. Amendments may be necessitated for many reasons including, but not limited to, exchange rate fluctuations, increased fuel costs, airfares, airport charges etc. Any increase in tour prices must be paid prior to the departure date. GST is applicable on the total costs.
4.4 Fixed Departures & Minimum Participation Requirement
For fixed departures, full payment (100%) is required at the time of booking. If a partial payment is made for a fixed departure, the remaining amount must be cleared at least one month before the scheduled departure. Failure to do so will result in automatic cancellation of the booking without refund, and no prior notice will be given.
Fixed departures (a group of people who make bookings to join a larger group of people) will only proceed if a minimum number of participants is met. The required number will be determined by the Company based on the type of departure. If the minimum threshold is not reached, the Company reserves the right to cancel the trip. In such cases, registered participants will be offered a full refund or an option to proceed at a revised cost. The tour will only be conducted at the revised price if all participants agree to the change.
4.5 Partial Payment & Cancellation Charges
If you choose to secure your booking with a partial payment, please note that any cancellation will be subject to the standard cancellation charges based on the full tour price, not just the amount paid in advance.
4.6 Price Adjustments
The cost of your booking will remain unchanged unless:
- There is an increase in transportation or accommodation costs.
- Currency exchange rates fluctuation.
- Government taxes, permits, or entry fees are revised.
- If you have availed a discount while booking, it will be subject to minimum participant fulfilment for that particular fixed departure. The minimum required number will be determined by the Company based on the type of departure.
Ecosphere will not absorb any increase and a revised invoice will be sent to you. You may decide to cancel your booking within 14 days of the date of receipt of the revised Invoice and obtain a refund in accordance with section 4.2 of the terms and conditions.
4.7 Complaints & Refund Processing
- Refunds for cancellations will be processed within 2 to 4 weeks from the cancellation date.
- Any complaints regarding services must be submitted via email to [email protected], with the subject line starting with “Complaint” for prompt attention.
5. Miscellaneous
5.1 Use of Media
The Company reserves the right to capture and use photographs and videos taken during the Services and/or Activities for promotional purposes, without requiring prior consent or without obligation to compensate you for any such use. If you prefer not to be featured in such content, you may request its removal by contacting the Company via the email provided in Section 4.6.
5.2 Health & Medical Fitness
By participating, you confirm that you do not have any medical conditions, disability, mental or physical conditions that could impair your ability to travel or complete the Services and/or Activities. Additionally, you acknowledge that the Company may not be able to accommodate specific dietary needs. You declare that you are physically and mentally fit for the Services and/or Activities and understand that the Company bears no responsibility for any medical treatment should you fall ill during your travels.
5.3 Service Expectations
You acknowledge that the Company does not guarantee the Services and/or Activities will meet all personal requirements and expectations, nor can it ensure they will be entirely free from interruptions or unforeseen challenges.
5.4 Legal Rights Disclaimer
By availing of the Services, you waive any rights or claims under any special laws that may have or that may otherwise apply.
5.5 First Aid & Medication
Trip coordinators may or may not have basic first aid supplies and generic medications for common conditions encountered during travel. However, you are responsible for carrying any prescribed and personal medication you may require and in ensuring that you are aware of any personal allergies before accepting or consuming any medication. The Company is not liable for any adverse effects resulting from the use of such medication.
5.6 Communication of Updates
The Company may communicate updates, including changes to these Terms, through various means such as email, postal mail, or notifications on its platform.
5.7 Personal Belongings
Your personal belongings remain your sole responsibility throughout the tour, trek, or road trip. The Company does not accept liability for lost, stolen, or damaged baggage or possessions.
5.8 Minors & Parental Consent
Participants under the age of 18 must be accompanied by an adult (18 years or older). If the accompanying adult is not a parent, the minor must present a valid parental consent form in the required format before departure. By participating, you confirm compliance with this requirement.
5.9 Insurance
The cost of the Services and/or Activities does not include insurance coverage. If desired, you are responsible for securing your own insurance at your expense.
We strongly recommend that you take out travel insurance including cancellation insurance upon booking. Ecosphere may require that a policy is held prior to departure.
Ecosphere will accept no liability for any damage, losses and expenses suffered by any client as a result of sickness, quarantine, weather conditions, war, strikes, riots or any other cause.
5.10 Final Agreement
There is no verbal or written representation, prior agreement, warranties, or descriptions of Services and/or Activities that exist outside of what is explicitly stated in these Terms.
6. Limitation of Liability
6.1 Exclusion of Liability
You acknowledge and agree that, except as explicitly stated below, the Company shall not be responsible for:
(A) Any direct, indirect, incidental, special, consequential or exemplary damages you may incur, regardless of the cause and under any theory of liability. This includes, but is not limited to, any financial losses such as reduced profits (whether direct or indirect), diminished goodwill, reputational harm, or costs associated with finding alternative services or products, or other intangible loss.
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Your reliance on the accuracy, completeness, or existence of any advertising.
(ii) Modifications made to the Services, including temporary or permanent discontinuation of specific features or the Services as a whole.
(iii) Your failure to provide accurate information to the Company.
(iv) Any theft or robbery occurring during the Services and/or Activities.
6.2 Supplier Liability
Should the Company be held accountable for the negligent actions or omissions of its suppliers, its total liability shall not exceed the amount you have paid for the Services.
7. Entire Agreement
These Terms constitute the complete legal agreement between you and the Company and govern your use of the Services (but excluding any services which the Company may provide to you under a separate written agreement), superseding any prior discussions or agreements between You and the Company in relation to the Services and/or Activities unless otherwise specified in a separate written agreement.
8. No Waiver of Rights
You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company rights and that those rights or remedies will still be available to the Company.
9. Severability
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10. Legal Capacity
By agreeing to these Terms, you confirm that you have the required legal capacity to enter into this agreement and are capable of performing your obligations and undertakings hereunder.
11. Governing Law & Jurisdiction
These Terms and your relationship with the Company under the Terms, shall be governed by the laws of India, without regard to conflict of law provisions. All bookings, whether online or otherwise, shall be deemed as booked in Kaza. You agree to submit to the exclusive jurisdiction of the courts located within the city of Shimla to resolve any disputes arising from/in connection with the Terms.
12. Intellectual Property
All product and company names mentioned herein are trademarks™ or registered® trademarks of their respective holders. Their use does not imply any affiliation with or endorsement by the Company. All specifications are subject to modification without prior notice.
13. Privacy Policy
13.1 General Overview
Ecosphere operates the website www.spitiecosphere.com, which provides the SERVICE. This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decides to use our Service.
13.2 Consent and Data Usage
By choosing to use our services, you consent to the collection and use of your personal information as described in this policy. The information gathered is solely for the purpose of improving our services and will not be shared or utilized beyond what is stated here.
13.3 Definitions
Unless explicitly stated otherwise in this Privacy Policy, terms used herein shall have the same meaning as outlined in our Terms and Conditions above.
13.4 Personal Data Collection
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
13.5 Log Data Collection
We want to inform you that when you visit our website, certain information is automatically recorded, commonly referred to as Log Data. This may include your device’s IP address, browser type, pages visited, visit duration, date and time of access, and other analytics data that help us refine our website performance.
13.6 Use of Cookies
Cookies are small data files stored on your device that help improve user experience. Our website may utilize cookies to gather information and enhance our services. You have the option to accept or decline cookies, but disabling them may impact certain functionalities on our website.
13.7 Third-Party Services
We may collaborate with third-party providers for:
- Service facilitation
- Service execution on our behalf
- Analytical and operational support
These third parties have limited access to your personal data only to the extent required for performing their tasks. They are contractually bound to protect your information and not use it for any other purpose.
13.8 Data Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
13.9 External Links
Our website may contain links to third-party websites. We advise reviewing their respective privacy policies before engaging with them, as we do not control or assume responsibility for their content, security practices, or policies.
13.10 Protection of Minors
Our services are not directed toward individuals under 13 years of age, and we do not knowingly collect personal data from children. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us immediately for necessary actions.
13.11 Policy Updates
We may modify this Privacy Policy periodically. Updates will be posted on this page, and any changes take effect immediately upon publication. We encourage users to review this policy regularly to stay informed.
Acceptance of Terms
By booking any Services and/or Activities with the Company—whether directly or through agents/ authorized representatives—you acknowledge and agree that you have read, understood, and agreed to be legally bound by our Privacy Policy, and the aforementioned Terms and Conditions, and this Agreement mentioned on this page in full.
