Terms & Conditions

Please be advised that the following Terms and Conditions and Limitations of Liability apply to all our travel program offerings. These terms and conditions are supplemented by our Release of Liability Forms and further conditions as may be outlined in our Skykingdom Adventures Pre Departure Packet, which you will receive when you sign up with us.

Know Before You Go:

LAND COST/TRIP PRICE INCLUDES:

~Your Bhutanese Indigenous Trip Leader/Guide services

~All accommodations in Resorts, Hotels, Lodges and Inns

~Bhutan Visa Fees and All Tour Arrangements

~All Trek Arrangements (if you signed up for a trek), including community camping and commissary equipment (comfortable and roomy two-person tents, kitchen and dining tents, and other community equipment), camp and cook staffs

~Three Meals (B­­=Breakfast, L=Lunch, D=Dinner)

~Airport Transfers

~ Assistance with Druk Air bookings and reservations (**airfare is not included and is in addition to trip price**)

~Ground Transportation

~Entrance Fees & Permits

WHAT's NOT INCLUDED:

~Airfare

~Items of a personal nature including, but not limited to, laundry, sodas, beverages, alcohol (such as beer or wine) etc.

~Individual Trip Insurance (We strongly recommend that you purchase this from a provider of your choice; Please see “Travel Insurance Protection Plan” in this document)

~Tips and Gratuities for Leaders, Guides & Local Staff

~Excess Baggage Charges

~Airport Taxes

~Cost of Medical Services

~Special non-English Language Interpreter Fees
(where available)

RESERVATIONS AND PAYMENT
Please make all payments and deposit/s payable to Skykingdom Adventures, Client Trust Account.

Early reservations are strongly recommended. There are usually only a limited number of regular flights into and out of Bhutan on Royal Bhutan Airlines, DRUK AIR. Early reservations ensure that you have a seat on one of those flights. The lead time also helps us better map out the logistics of your trip, resulting in a much better experience for you.

FULL PAYMENT FOR YOUR TRIP: Final Payment is due 120 days prior to departure.

Each Guest will also need to complete and return our signed Release of Liability and Assumption of All Risks form, and the Trip Application Form with your medical information, dietary needs (if any) and emergency contact information to be eligible for the trip. These documents are included in your Pre Departure Packet, which you will receive after you have met your Initial Trip Deposit Requirements.

As noted above, the balance of the Land cost is required 120 days prior to the Trip Start Date.

PASSPORTS/VISAS
Skykingdom Adventures will arrange for your Bhutan visas. You may either request the Bhutan government Visa
Application Form by e-mailing us or calling us, or by downloading it from our web site: www.skykingdomadventures.com (on our Useful Resources page, please click on the link for the Visa Application Forms).
Each guest has to complete this visaform and attach a recent passport photo in the space provided. You may wish to submit this completed visa form to us electronically by first scanning and then attaching to an e-mail. Or, alternately, you can fax the completed form back to us at 480-393-5128. Please save the original for your records.

There are currently no visa requirements for U.S. Citizens to enter Thailand. For visas to other gateway countries you may wish to contact the individual country’s nearest Embassy. For travel to interiors of India such as Sikkim, all foreigners will require an Inner Line Permit, which can be processed on arrival but is easily completed if requested with your visa application to the Indian Embassy.

WEATHER
World weather can be erratic and unpredictable; therefore, we cannot be held responsible for disruption to your trip due to weather conditions.

HEALTH
Although no vaccinations are currently required for any of the featured destinations, please note that the U.S. Centers for Disease Control (CDC) & the World Health Organization recognize a risk of malaria for certain areas of South East Asia and South Asia. Therefore we suggest you contact your personal physician for details of the health measures you should take prior to your departure. A (suggested) General Health and Safety Guide & a Suggested Health Kit Checklist is included in your Pre Departure Packet.

MEALS
Meals are based on preset menus featuring the top selections representative of local cuisine as well as some of the more popular intercontinental dishes. No refunds for meals not taken can be given.

SIGHTSEEING
The cost of any unused tours within sightseeing packages may not be refunded.

SPECIAL REQUESTS
Where special requests (i.e. diet, room location, a particular facility at a hotel, flight seat requests, etc.) are an important factor in the choice of your vacation, you must advise us when the reservation is made. We are happy to pass your request on to the hotel or airline, but cannot guarantee that it will be accommodated.

PEAK SEASON SUPPLEMENTS
During peak periods, such as Bhutan’s Spring and Autumn (Fall) Tshechu Festivals you may find that supplements are added to the cost of your vacation. The supplements may be for certain departures and/or accommodation on specific dates. The cost of these supplements will be advised at the time of booking.

PRINTED PROGRAM ACCURACY
Tour excursion or itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year, etc., may cause some of the amenities we have described to be unavailable or different from those advertised in our print/web/e-mail trip programs. When we are told of any significant or long term changes, we always endeavor to advise you prior to your departure.

IF YOU HAVE A COMPLAINT DURING YOUR TOUR
If you have cause for complaint while on your trip, you must bring it to the attention of the company’s local representative, Trip Leader, or agent and/or the hotel, who will do their best to rectify the situation We appreciate your assistance in helping us improve our service/s and attention to detail.

Resorts, Hotels & Accommodations

STANDARDS
We always strive to provide best available accommodations as outlined and agreed prior to our Trip Program start. However, please note that standards can vary between hotels of the same class in different countries, and even within the same country. Accommodation in all resorts, hotels, lodges or inns, is in standard rooms, unless otherwise stated.

SINGLE ROOMS
If you prefer to stay in a single room, please note that the Single Supplement Fee outlined in your Final Trip Program will apply. Our trip prices are based on double occupancy with two guests sharing a room. We will make every effort to match you with a same-sex roommate when we receive your application. If there is no one with whom you can share accommodations you will be charged the single supplement fee. If you prefer single occupancy, or a single room must be assigned to you due to last minute roommate cancellation or incompatibility or for any other reason, the single supplement charge will be assessed. Please note that single room occupancy is not guaranteed at all places on our itinerary.

EARLY ARRIVAL OR LATE DEPARTURE
Generally hotel rooms will be available between approximately 1 p.m. and 3 p.m., and are to be vacated between 10 a.m. and noon, irrespective of your arrival or departure times, unless we have stated otherwise. Should you wish your room to be ready prior to 1 p.m. on your day of arrival or available after 10 a.m. for an afternoon or evening departure, an additional night’s costs will apply.

Flights

DRUK AIR
We will send you your Druk Air e-tickets by e-mail. We strongly recommend that you check-in early if you have particular seat requests. Skykingdom Adventures has no control over the allocation of seats and, even if prebooked with the airline, no guarantee can be made that the seats will still be available on departure.

SMOKING ON FLIGHTS
Druk Air does not allow smoking in-flight.

FLIGHT CHANGES
Druk Air Flight departure and arrival times are occasionally subject to change for technical reasons or due to weather. Please make sure you budget enough time to make onward flight connections from gateway cities.

FLIGHT DELAYS
Arrival: Where long flight delays result in lost trip time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals and are not resold.
Departure: Similarly, if additional nights are required at hotels and accommodations due to flight delays, you will incur an additional night’s charges at the local “cost price”. Druk Air does not generally offer compensation for flight delays.

FLYING VIA WEST BENGAL, INDIA
If extending your travels to India, via West Bengal, or when space on Druk Air becomes unavailable, you may be required to fly into Bagdogra Airport (West Bengal, India) via one of India’s major international airports. In this event, Skykingdom Adventures’ staff and vehicles will pick you up or drop you off, (as the case may be) from/to the Bagdogra Airport for your transfer to Bhutan or your travel extension program through Sikkim or West Bengal (provided you are signed up with us on one of those extensions).

NO SHOW POLICY
In the event a trip participant holding a confirmed trip reservation fails to show up for a flight, the individual shall not be eligible for any refund on the airfare. The staff and owners of Skykingdom Adventures will do our best to put the latecomer on the next earliest available flight (not guaranteed) and transfer the latecomer to join the rest of the group (not guaranteed). In such an event, however, additional full Druk Air fare shall be levied in accordance with the airline’s regulations, payable by the late arriving trip participant, and actual additional costs of getting the late arriving trip participant to the remainder of the group, as assessed by Skykingdom Adventures, shall also be charged. There will be no refund for itinerary and program activities missed by the trip participant in this manner. While the staff and owners of Skykingdom Adventures will use the contact information provided by the trip participant on the Trip Application Form in the preceding Pre Departure Packet to contact the late arriving trip participant, we make no guarantees that we will be able to always reach a late arriving trip participant for reasons beyond our control. It is the sole responsibility of the trip participant to contact us to inform us of their late arrival and bear all additional expenses accrued by their late arrival.

Should the late arriving trip participant fail to contact us or Skykingdom Adventures fail to reach the trip participant in the manner described above, NO REFUND SHALL BE AVAILABLE. In such an event, a trip participant who has purchased trip insurance may be eligible for a refund of their expenses. Please contact your individual trip/travel insurance agent/company to confirm whether or if any such refunds are covered under a policy of your choice.

Trip Cancellation & Refund Policy

Final payment for all trips is due 120 days prior to trip start date. * Guests may transfer their payments to another trip four months/120 days or more prior to the trip start date with no penalty. Within four months/120 days travelers are subject to the applicable cancellation charges as specified below:

* Nonrefundable cancellation charge: $100 per individual

* For cancellations between 120 to 90 days prior to trip start date $800 per individual shall be deducted from refunds receivable by guest on trip and airfare payments made.

* For cancellations between 89 to 61 days prior to trip start date, 50 percent of the total trip price & Drukair fare shall be deducted from refunds receivable by guest on trip and airfare payments made.

* For cancellations between 60-31 days prior to trip start date, no refund shall be receivable by the guest on the full amount of the trip Price and the full amount of the Drukair fare payments made

* 30 days or less before trip start date: No Refund on all payments made

* At or After Trip Start Date: No Refund on all payments made

***Please note that your Notification of Cancellation from a trip must be e-mailed immediately to info@skykingdomadventures.com and a written copy mailed as soon as possible to Skykingdom Adventures, P.O. Box 6858 Los Osos, Ca. 93412. ***

Responsibility-Participant Contract

IMPORTANT! Skykingdom Adventures, their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents and assigns (collectively Skykingdom Adventures) is not liable for any negligent or willful act or failure to act of any entity or their associates or affiliated personnel which is, to, or does provide goods or services for your trip, including, for example, lodging facilities, transportation, food service etc.

All arrangements for transport, accommodation, and services are made upon the express condition that Skykingdom Adventures shall not be liable for any direct, indirect, consequential or incidental damage, injury, loss, accident, delay, or irregularity of any kind occasioned by reason of any act or omission beyond its control, including, without limitation, any act of negligence or breach of contract of any third party such as an airline, hotel, restaurant, ground handler, etc., who is to or does supply any goods or services for the tour. Without limiting the foregoing, Skykingdom Adventures is not responsible for any losses or expenses due to delay, or changes in schedule, overbooking of accommodations, default of any third parties, sickness, weather, strikes, acts of God, acts of terrorism, force majeure, war, quarantine, criminal activity, or for any other cause beyond its control. Skykingdom Adventures reserves the right to change the itinerary of the trip without prior notice. If the trip is cancelled by Skykingdom Adventures for any reason, Skykingdom Adventures shall have no liability beyond the refund of all participants’ received deposits. Skykingdom Adventures may increase the package price in the event of significant and unusual cost increases beyond its control. Skykingdom Adventures reserves the right to decline to accept or retain any person as a trip member should such person’s health, mental condition, physical infirmity or general deportment impede the operation of the trip or the rights, welfare, or enjoyment of other trip members. If any participant leaves or is removed from a trip, a refund only for refundable unused services shall be made. The passenger tickets in use by the carriers, when issued, shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act omission, or event during the time the tour participants are not aboard their conveyances. Any litigation concerning this trip must be brought in the state of California. Changes in the RESPONSIBILITY—PARTICIPANT CONTRACT clause can be made only in writing signed by an officer of Skykingdom Adventures. Deposits paid by participants indicate acceptance of the above terms and conditions. Skykingdom Adventures is a participant in the California Travel Consumer Restitution Fund (TCRF). Skykingdom Adventures is also registered and compliant with the California Seller of Travel Program (CST). CST:20-77990-40.

LIABILITY WAIVER & DOCUMENTS
Included in our 24-page Pre Departure Packet (which is sent to guests following the completion of trip deposi payments) s a liability waiver and trip applicant forms that participants should complete and return to us in order to be eligible for our trips or travel programs.

Travel Insurance and Trip Protection Plans

You may wish to purchase a plan with the following suggested features:

Trip Cancellation and Interruption Protection~If you must cancel your trip due to covered reasons, such as unforeseen medical conditions affecting yourself, traveling companion, or an immediate family member.

Trip Delay Protection~Provides reimbursements for the cost of additional accommodation, meals and transportation incurred through unforeseen delays.

Baggage Protection~If your bags are lost or stolen it provides reimbursement up to a limited amount. Also, if your bags are delayed by the airline, provides limited coverage for the purchase of essential items you will need until your baggage arrives.

Medical Protection~This type of protection provides coverage for Emergency Evacuation and Medical Protection, including emergency transport to the nearest qualified medical facility. Also reimburses for covered accident or sickness medical expenses during the trip.

Accidental Death and Dismemberment~Pays fixed amounts for covered accident resulting in death or dismemberment while on the trip.

Worldwide Emergency Assistance~Provides emergency assistance (with a 24-hour hotline) if you require help with cash transfers, lost documents, and other medical and travel-related problems.

We recommend that you purchase an independent travel protection plan with a provider of your choice. CSA, Inc. a is nationally recognized insurance agency specializing in services for travelers (www.csatravelprotection.com; phone: 1.800.348.9505). They offers competitive rates based on your age group. Medical Coverage is paid up to $10,000.00 and Emergency Medical Transportation (or Evacuation) is covered up to 50,000.00 The EMT coverage includes expenses incurred for medical escort, transfer to an adequate medical facility or home, if medically necessary. A “preexisting conditions waiver” is also available with the plan. For their latest coverage plans and quotes, please call them directly or visit their web site. You may also wish to browse the nationwide services of Travel Guard Insurance (www.travelguard.com; phone: 1.800.826.4919).

Disclaimer: Because of potential conflicts of interest we do not sell or accept commissions for travel insurance. Travel insurance is not mandatory for taking one of our trips although we highly recommend that you consider purchasing one that fits your needs to protect your investment. If you do not have a preferred travel insurance provider you may wish to explore the competitive coverage plans offered by the two companies suggested above.***(Note: While both companies rank highly in customer reviews, Skykingdom Adventures does not share business relations with either and shall not be held liable for your transactions with them)*** We shall not be held liable for your transactions with the travel/trip insurance companies mentioned in this document or with any other insurance agency or third-party entity involved in your personal arrangements.***

ADDENDUM: Trip members are responsible for their valuable personal electronics including, but not limited to, Pocket PCs, laptop computers and expensive cameras. Skykingdom Adventures will transport them from place to place during the trip as a convenience for guests, but does not assume responsibility for any damage, loss or loss of function to the devices. This policy also applies to other items not essential to adventure travel such as expensive jewelry, and fragile and delicate accessories.

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TERMS REGARDING THE USE OF OUR WEB SITE:

Terms of Use

PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THIS SITE

Skykingdom Adventures may change any or all content on the Site, including, but not limited to, products, programs, and/or services described on or offered through the Site, without notice and without liability.

COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes.

INFORMATION SENT FROM USERS
Content sent to us, as between the two of us, whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk. You hereby represent and warrant that you own or have the right to submit the foregoing to us. We will respond to customer service questions in accordance with our "Privacy Policy."

You are strictly prohibited from uploading to the Site any material that contains any virus, worm, "time bomb, or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.

LEGAL RESPONSIBILITY
You are solely responsible for maintaining the confidentiality of your account information and your password, and for all activities that occur under your account and/or password. We do not knowingly sell any of our products or services to anyone under the age of 18. By using the Site, you represent that you are of sufficient legal age to use the Site, and create binding legal obligations for any liability incurred as a result of your use of the Site. If you become aware that an unauthorized person may have access to your password, you should change your password immediately and contact us.

The Site may contain links to some sites that are not maintained by us. While we make every effort to include links to only those sites that are in good taste and safe for our visitors, we do not regularly review materials posted at such sites. These links are provided solely as a convenience to you. We do not necessarily endorse all of the materials appearing on such sites. We shall not be responsible for, and we make no representation regarding, the content on such sites. If you choose to link to any third-party site, you do so at your own risk.

Once your reservation has been confirmed on one or more of our Trips or Travel Programs or Journeys or Adventures have been confirmed, you are deemed to have agreed to all of the terms and conditions related to your purchase. Since you are obligated to comply with all of the terms and conditions related to your purchase, it is in your best interests to review those terms and conditions carefully at the time they are made available to you.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.

THE SITE AS INTERMEDIARY
SKYKINGDOM ADVENTURES, THEIR EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS (COLLECTIVELY SKYKINGDOM ADVENTURES) ARE NOT LIABLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY ENTITY OR THEIR ASSOCIATES OR AFFILIATED PERSONNEL WHICH IS TO, OR, DOES PROVIDE GOODS OR SERVICES FOR YOUR TRIP, INCLUDING BUT (NOT LIMITED TO),FOR EXAMPLE, LODGING FACILITIES, TRANSPORTATION, FOOD SERVICE ETC. WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR TRAVEL COMPANION(S), IF ANY. WE DO NOT GUARANTEE ANY OF SUCH PROVIDER'S RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY SUCH PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).

INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the site.

ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Luis Obispo, California and you hereby agree to consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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CST # 20-77990-40