SOAR ABOVE THE HIMALAYAS
Paragliding & Trekking Expedition Himachal, India
04 Oct - 14 Oct 2025
These Terms and Conditions (“T&Cs”) constitute a legally binding contract between Native-Experience (“the Company,” “we,” “us,” or “our”) and the participant (“you” or “your”) upon your acceptance and remittance of payment for the Native-Experience Adventure Tour in North India. This document outlines the rights, obligations, and responsibilities of both parties, establishing the scope of services provided by Native-Experience and, crucially, defining the limitations of our liability in the context of adventure travel.
As your professional tour provider, Native-Experience is committed to organizing a safe, memorable, and high-quality adventure experience. This includes careful itinerary planning, vetting of suppliers, adherence to safety protocols, and ensuring our guides are properly trained and certified. In turn, you, as the participant, are responsible for your own due diligence, which encompasses meeting all pre-departure requirements, possessing the necessary physical and mental fitness for the activities, and adhering to our Code of Conduct and all instructions from our team. A clear understanding and acceptance of these T&Cs are essential for a transparent, secure, and enjoyable contractual relationship for all parties involved.
1.1. Initial Inquiry
All interested participants must begin by contacting Native-Experience via email or WhatsApp to express their interest in the tour. This initial inquiry allows us to understand your needs and confirm preliminary availability.
1.2. Application and Documentation
Upon receiving your inquiry, Native-Experience will provide you with a link to our comprehensive online documentation and application forms. This documentation will include essential details about the tour, including the Essential Eligibility Criteria (EEC) outlined in Section 2.1, and other forms required for our evaluation process.
1.3. Suitability Evaluation
After you submit the completed application forms, Native-Experience will carefully review the provided details. This evaluation is critical to determine your suitability for the tour’s activities and to ensure a harmonious and safe group environment. Native-Experience reserves the right to reject an application if, after evaluation, an applicant is deemed unsuitable due to a failure to meet the Essential Eligibility Criteria, medical contraindications, or potential group dynamic incompatibility. For such rejections, a full refund of any deposit paid will be issued within two weeks from the September 20, 2025 cut-off date.
1.4. Deposit and Seat Confirmation
If your application is approved following the suitability evaluation, you will be sent the designated bank details for the required non-refundable deposit of LKR 30,000 (USD 100). This deposit must be made on or before the cut-off date of September 20, 2025, to secure your seat on the tour. The receipt of this deposit by Native-Experience constitutes a binding contract for your participation in the tour. A copy of the payment invoice must be sent to Native-Experience via email to officially confirm your reservation. It is strongly advisable to contact Native-Experience prior to making any payments to ascertain current seat availability.
1.5. Full Balance Payment
The full outstanding balance payment is required by September 27, 2025. This date is a minimum of one week before the tour’s departure date of October 4, 2025. Timely payment ensures that Native-Experience can make final arrangements and payments to suppliers without disruption, guaranteeing a smooth operation of your tour.
1.6. Payment Methods and Exceptions
Payments are to be made via bank transfer to the designated bank details provided by Native-Experience. Please note that bank transfers, while cost-effective for the Company, do not offer the same level of chargeback protection for the customer as credit card payments. Payments made by bank transfer are considered final, and Native-Experience assumes no liability for errors or fraudulent activity on the part of the participant’s bank.
In exceptional circumstances where a participant is unable to submit the full balance payment by the stated due date, they must contact Native-Experience in advance to seek explicit written consent for alternative arrangements. Any agreement to pay the balance monies upon arrival in Bir must be granted in writing by Native-Experience prior to your departure for the tour and may be subject to additional administrative fees or a reconfirmation of your booking, subject to availability. Failure to seek and obtain prior written consent for delayed payment may result in the forfeiture of your booking and deposit.
1.7. Failure to Pay
Failure to submit the full balance payment by the stated due date (September 27, 2025), without prior written consent for an alternative arrangement, will be considered a cancellation by the participant. In such an event, you will forfeit your initial deposit, and Native-Experience reserves the right to offer the secured seat to another interested party.
2.1. Essential Eligibility Criteria (EEC)
This tour involves physically demanding activities and requires participants to meet specific criteria for their own safety and the safety of the group. By submitting your application and confirming your booking, you confirm that you meet and agree to the following Essential Eligibility Criteria:
- Physical and Medical Requirements: Participants must be in moderate to good health, capable of sustained physical activity such as walking at least one mile on uneven terrain, and able to perform specific actions like pulling themselves along a cable if required by an activity. Individuals with pre-existing medical conditions, especially respiratory or heart issues, severe allergies, or any condition that could require immediate medical attention, must consult a physician before booking and fully disclose all such conditions to Native-Experience during the application process. The tour is scheduled during the months of October and November, when severe air pollution can be a significant health hazard in North Indian cities. Participants with related sensitivities are strongly advised to take this advisory into consideration.
- Paragliding Specifics: For paragliding, participants must adhere to strict weight limits of 30 kg to 90 kg and be at least 12 years of age. All participants opting for paragliding will undergo ground training with instructors from the Skylark School of Paragliding. The instructors reserve the absolute right to postpone or cancel any solo flights if a participant is not found competent enough due to safety concerns. For all solo flights, students will be radio-assisted and monitored for their safety.
- Mental and Cognitive Requirements: Participants must be able to understand and consistently follow all instructions and safety briefings provided by tour leaders and staff, especially during activities. The use of alcohol or illicit drugs is strictly prohibited during all tour activities. The consumption of alcohol at other times is at the discretion of the tour leader and must not impair your judgment or compromise safety.
2.2. The Operator’s Right of Refusal or Expulsion
Native-Experience reserves the absolute right to refuse participation to or expel from the tour any individual whose physical or mental condition, or behavior, is deemed by the tour leader or Company management to pose a risk to themselves or others, or to significantly disrupt the group’s experience. Such a decision will be based on the objective criteria outlined in the EEC or a failure to adhere to the Code of Conduct. In the event of refusal or expulsion under these circumstances, no refunds will be provided for any portion of the tour or associated costs.
2.3. Code of Conduct
All participants are expected to act with respect towards the tour leader/guides, other participants, the local community, and the cultural norms of India. Behavior that is detrimental to the group’s welfare, endangers a participant or others, disrespects local customs, or causes damage to property will not be tolerated and may be grounds for immediate removal from the tour without refund.
3.1. Cancellation by Participant
All cancellations by participants must be made in writing via email to Native-Experience. The effective date of cancellation will be the date Native-Experience receives your written notification. The refund amount, if any, will be based on the number of days prior to the tour’s departure (October 4, 2025), reflecting the increasing non-recoverable costs incurred by Native-Experience as the departure date nears. Any refunds are subject to the deduction of non-recoverable expenses that have already been specifically incurred on the participant’s behalf.
3.2. Cancellation by Native-Experience
Native-Experience reserves the right to cancel the tour for any reason, including but not limited to an insufficient number of participants (minimum group size requirement) or due to Force Majeure events. A Force Majeure event is defined as any circumstance beyond the Company’s reasonable control, such as natural disasters (e.g., floods, earthquakes, landslides), political instability, acts of terrorism, civil unrest, war, epidemic/pandemic, public health emergencies, government actions, or unforeseeable extreme weather conditions.
In the rare event of a cancellation by Native-Experience due to any of the above reasons, participants will receive a full refund of all payments made to the Company. However, Native-Experience is not responsible for any additional expenses incurred by the participant, including but not limited to non-refundable airfare, other travel arrangements, travel insurance premiums, or visa fees.
4.1. Acknowledgement and Assumption of Risk (The Waiver)
To participate in the Native-Experience, SOAR ABOVE THE HIMALAYAS Tour, every participant is required to sign an Acknowledgement and Assumption of Risk form (“the Waiver”). This is a legally binding document. The Waiver must be signed and returned to Native-Experience before or at the time of final payment (September 27, 2025). This is to ensure your informed consent and to protect Native-Experience by clearly outlining the inherent and unavoidable risks associated with adventure travel. These risks include, but are not limited to, terrain hazards, unpredictable weather conditions, equipment failures, the actions or inactions of other participants or third parties, and delayed access to medical care in remote areas. By signing the Waiver, you explicitly agree to assume all responsibility for the risk of injury, illness, death, or property damage that may arise from your participation in the tour.
4.2. Limitation of Liability and Indemnity
Native-Experience is not liable for events outside its direct control, including but not limited to acts of nature, actions or omissions of third-party suppliers (e.g., airline delays, hotel service issues, local transport providers), or unforeseen circumstances. The Company’s total aggregate liability for any damages, losses, or injuries shall not exceed the total tour price paid by the participant. By agreeing to these T&Cs, you also agree to indemnify and hold harmless Native-Experience, its employees, agents, and suppliers, for any financial obligations, claims, or damages you may cause to a third party during the tour.
4.3. Mandatory Travel Insurance (Highly Recommended, Not Mandatory)
While Native-Experience has chosen the best and safest suppliers for your trip, accidents can happen in adventure travel. Native-Experience highly recommends that all participants secure comprehensive travel insurance. This is particularly important for adventure activities. An adequate insurance policy should, at a minimum, provide robust coverage for:
- Emergency medical expenses and hospital stays in India.
- Emergency medical evacuation and search-and-rescue costs, which can be very expensive in remote, mountainous areas.
- Trip cancellation or interruption due to illness, injury, or other covered events.
- Coverage for adventure activities, with explicit mention that the policy covers high-risk sports like paragliding, trekking, and mountain biking.
Please be advised that Native-Experience will NOT be responsible for any expenses, losses, or damages incurred by participants who choose not to obtain adequate travel insurance, including but not limited to medical costs, evacuation costs, cancellation penalties, or costs arising from unforeseen circumstances or emergencies. By participating in this tour without comprehensive travel insurance, you acknowledge and accept these financial risks entirely.
5.1. Operator’s Right to Modify Itinerary
Native-Experience reserves the right to make changes or alterations to the tour itinerary both before and during the trip. Such modifications may be necessary for reasons of participant safety, group ability, transportation or lodging availability, or unforeseen circumstances like adverse weather, natural disasters, or local conditions. No refunds will be provided for minor itinerary changes. Significant changes will be communicated as soon as reasonably possible.
5.2. Force Majeure Clause
As defined in Section 3.2, Native-Experience is not liable for any failure to perform its obligations if such failure is the result of a Force Majeure event. In such cases, the Company will make reasonable efforts to find a safe and suitable resolution for the group, but refunds will be subject to the policies outlined in Section 3.2.
5.3. Authority of the Tour Leader
The designated Native-Experience tour leader has the final and absolute authority on all matters related to the trip’s safety, logistics, and conduct during the tour. Participants are required to follow all instructions, decisions, and directions made by the tour leader without question. Failure to do so may result in immediate expulsion from the tour without refund.
5.4. Accommodation
Native-Experience endeavors to provide comfortable and suitable accommodation throughout the tour, ranging from guesthouses to tents/campsites, as detailed in the tour itinerary. These are typically basic but clean and safe options chosen to align with the adventurous nature of the trip and the local environment. Participants acknowledge that accommodation standards in remote areas of India may differ from those experienced in larger cities or Western countries. While Native-Experience prioritizes quality and safety, the specific amenities and services at each location may vary.
6.1. Passport and Visa Requirements
It is the sole responsibility of the participant to ensure they possess all necessary travel documents for entry into India and for their return journey.
- Passport: Your passport must be valid for at least six months from your date of arrival in India and must contain a minimum of two blank pages for immigration stamps.
- Visa: All foreign nationals require a valid visa to enter India unless they hold an Overseas Citizen of India (OCI) card or are from a visa-exempt country. Participants are solely responsible for determining their specific visa requirements, their eligibility for an e-Visa, and for applying for and obtaining the correct visa category in advance of their travel. Native-Experience is not liable for any refusal of entry to India due to improper, insufficient, or expired documentation.
6.2. Health and Safety Advisories
Participants are strongly advised to check the latest health advisories for India before departure with their local health authority or travel clinic. Potential health risks for travelers to North India include, but are not limited to, dengue fever, malaria, and altitude sickness (for higher altitude activities). As mentioned in Section 2.1, the tour is scheduled during a period (October-November) when severe air pollution can be a major health hazard in North Indian cities, and individuals with respiratory or heart conditions should exercise particular caution and consult their physician.
7.1. Making a Complaint
Native-Experience is committed to providing a high-quality adventure tour experience. Should you have any concerns or complaints during your tour, you are required to first bring them to the immediate attention of your tour leader. Many issues can be resolved quickly and effectively on the spot.
If your complaint cannot be resolved immediately by the tour leader, or if it relates to the conduct of the tour leader, you must submit a formal written complaint via email to Native-Experience within 14 days of the tour’s completion date (October 14, 2025). Please include all relevant details, including dates, times, specific incidents, and any supporting documentation.
7.2. Resolution Process
Upon receipt of a formal written complaint, Native-Experience will acknowledge it within 5 business days and endeavor to investigate and provide a substantive response within 30 days. We will attempt to resolve the dispute amicably through direct negotiation.
7.3. Governing Law and Jurisdiction
These Terms and Conditions and any disputes arising out of or in connection with the tour shall be governed by and construed in accordance with the laws of India. Any legal action or proceedings related to the tour shall be brought exclusively in the courts located in India. By booking this tour, you irrevocably submit to the exclusive jurisdiction of the courts of India.