BACKPACKER XP — TERMS & CONDITIONS

Effective Date: 01 Jan 2025
Company: Backpacker XP (referred to as “Backpacker XP”, “we”, “us”, or “our”)
Website: www.backpackerxp.com


IMPORTANT NOTICE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY MAKING A BOOKING OR PARTICIPATING IN ANY BACKPACKER XP SERVICE YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.


1. Definitions

1.1 “Booking” means a reservation made by a Customer for Services offered by Backpacker XP.
1.2 “Customer”, “You”, “Traveler” means the person(s) making a Booking and all persons named on the Booking.
1.3 “Services” includes tours, treks, itineraries, accommodation, transfers, transport, activities, guides, equipment rental, and any other travel-related services arranged by Backpacker XP.
1.4 “Supplier” means third-party operators, contractors, carriers, hotels, local guides or any vendor providing services as part of the trip.
1.5 “Website” means www.backpackerxp.com and any affiliated booking pages.

2. Relationship & Scope

2.1 Backpacker XP acts only as a travel service provider and coordinator, not as the operator or owner of third-party services. Unless otherwise expressly stated, Backpacker XP is an agent/arranger for Suppliers.

2.2 Backpacker XP does not have direct operational control over Suppliers. We contract or coordinate Suppliers and will use reasonable care in selecting reputable Suppliers, but we do not guarantee or warrant Supplier performance.

3. Booking & Payments

3.1 How to Book: Bookings can be made via the Website, over WhatsApp, email, or by phone. A booking is confirmed only when Backpacker XP issues a written Booking Confirmation and the required deposit is received.

3.2 Deposit & Final Payment: A non-refundable deposit is required to secure a Booking (amount shown at checkout). The balance (Final Payment) must be paid by the date stated in your Booking Confirmation. If Final Payment is not received by the due date, Backpacker XP may treat the Booking as cancelled and retain the deposit.

3.3 Prices & Taxes: Prices are as advertised and are subject to change until the Booking is confirmed. Prices do not include any local taxes, government levies, or mandatory fees unless specified. Any such charges are the Traveler’s responsibility.

3.4 Payment Methods & Fees: We accept the payment methods displayed at checkout. Bank charges, payment gateway fees, currency conversion fees, or other transaction fees are payable by the Traveler.

3.5 Lead Travelers: The person who makes the Booking warrants they have the authority to accept and do accept these Terms on behalf of all persons named on the Booking.

4. Cancellation & Refund Policy

All cancellations must be communicated in writing by the lead Traveler. The cancellation date is the date Backpacker XP receives written notice.

4.1 Hotels:

  • 100% refund if cancelled more than 30 days before check-in.
  • 50% refund if cancelled 16–29 days before check-in.
  • No refund if cancelled 15 days or fewer before check-in.

4.2 Cruises:

  • 100% refund if cancelled over 60 days before sailing.
  • 75% refund if cancelled 45–59 days before sailing.
  • 50% refund if cancelled 30–44 days before sailing.
  • No refund if cancelled less than 30 days before sailing.

4.3 Tours & Treks (group or private):

  • 100% refund if cancelled more than 30 days before the tour start date.
  • 50% refund if cancelled 15–29 days before the tour start date.
  • No refund if cancelled 14 days or fewer before the tour start date.

4.4 Car & Bike Rentals:

  • 100% refund if cancelled more than 15 days before rental start.
  • 50% refund if cancelled 8–14 days before rental start.
  • No refund if cancelled 7 days or fewer before rental start.

4.5 If Backpacker XP Cancels: If we cancel in full (for reasons such as supplier failure, insufficient bookings, etc.), you will receive a 100% refund of all payments made to Backpacker XP, or at your option an equivalent alternative trip where available. As an alternative, we may offer travel credit worth 110% of the original payment, valid for 18 months.

4.6 Non-Refundable Fees: Visa fees, government fees, travel insurance premiums, supplier non-refundable deposits, and other third-party non-refundable charges are not refundable by Backpacker XP once incurred.

4.7 Medical Emergencies & Visa Denial: Documented medical emergencies and verified visa refusals may be eligible for refund or credit upon submission of official proof, subject to Backpacker XP’s review and the timing of the cancellation.

4.8 Force Majeure: No refunds will be issued for cancellations caused by force majeure events (see Section 14). In such events, we will make reasonable efforts to provide alternatives (rescheduling, credit), but Backpacker XP will not be liable for additional costs.

5. Mandatory Travel Insurance (You MUST read)

5.1 You must obtain comprehensive travel insurance prior to departure. This insurance must cover trip cancellation/interruption, emergency medical expenses, medical evacuation/repatriation, personal accident, personal liability and baggage loss/damage.

5.2 Recommended minimum coverage: Medical and evacuation coverage of at least US$10,000 (or INR equivalent) — we recommend higher limits for high-risk activities. These are recommendations; you are responsible for ensuring coverage appropriate to your itinerary.

5.3 Proof of Insurance: You must provide proof of valid insurance to Backpacker XP upon request and prior to departure. Failure to produce proof of adequate insurance may result in denial of participation and will not entitle you to any refund.

5.4 Insurance is NOT provided by Backpacker XP and is the Traveler’s responsibility to purchase and maintain. Backpacker XP will not be liable for any costs or losses that would have been covered by travel insurance.

6. Assumption of Risk & Comprehensive Liability Waiver (READ CAREFULLY)

6.1 Assumption of Risk: Travel, especially adventure travel, involves inherent risks (including but not limited to natural hazards, remote medical access, transportation accidents, extreme weather, wildlife encounters, and civil unrest). By booking and participating, you voluntarily assume all such risks.

6.2 Release & Waiver: To the fullest extent permitted by law, you hereby release, waive, discharge and covenant not to sue Backpacker XP, its officers, directors, agents, employees, contractors, suppliers and affiliates (collectively the “Released Parties”) from any and all claims, actions, demands, liabilities, losses, costs or expenses (including legal fees) arising out of or related to your participation in the trip, including any injury (including death), illness, property damage or other loss, whether caused by the negligence of the Released Parties or otherwise.

6.3 No Liability for Third Parties: Backpacker XP is not responsible for any negligent, wrongful or willful acts or omissions of any Supplier or other third party. The Released Parties shall not be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential damages (including loss of enjoyment, loss of savings, or emotional distress).

6.4 Limitation of Liability: Where liability cannot be excluded by law, Backpacker XP’s maximum aggregate liability for any claim shall not exceed the total amount paid by you to Backpacker XP for the particular service giving rise to the claim.

7. Indemnity

7.1 Indemnity Obligation: You agree to indemnify, defend and hold harmless Backpacker XP and the Released Parties from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your negligent, reckless or intentional acts or omissions during the trip; (c) any claim by a third party caused by your actions; or (d) any misrepresentation by you in your Booking.

7.2 Survival: This indemnity survives completion of the trip and termination of this Agreement.

8. Health, Fitness & Special Requirements

8.1 Fitness & Disclosure: You must be in adequate physical and mental health and fitness to undertake the trip. You must disclose in writing any medical, physical or mental condition or disability that may affect the safe performance or participation in Services. Backpacker XP may require medical clearance for certain activities.

8.2 Medication & Vaccinations: Bring adequate supplies of any prescription medication in original containers. Ensure you have all required vaccinations and health certificates for your destinations. Backpacker XP is not responsible for any health-related costs or consequences if you fail to obtain recommended vaccinations.

8.3 Medical Treatment Consent: In the event of illness or injury, Backpacker XP and its agents may, at their discretion and without notice to you, arrange medical services or evacuation. You authorize Backpacker XP to act on your behalf in such a situation, and you will be responsible for all associated costs.

9. Conduct, Alcohol & Drugs

9.1 Behavior: You must act responsibly and respect local laws, cultures, other Travelers, and Backpacker XP staff. Abusive, violent, dangerous, or illegal behavior will not be tolerated.

9.2 Removal for Misconduct: Backpacker XP may remove a Traveler from a trip at any time for misconduct or safety reasons. In such cases, the Traveler is responsible for all costs associated with removal and return travel, and no refund will be given for unused services.

9.3 Alcohol & Drugs: Illegal drugs are strictly prohibited. Excessive alcohol consumption, causing disruption or risk, may result in removal from the trip with no refund.

10. No-Show & Unused Services

10.1 If you fail to arrive on time, do not use a service, or abandon the trip without prior written notice, those services are non-refundable. Backpacker XP will not be liable for any extra costs incurred by you as a result.

11. Changes by You or Backpacker XP

11.1 Changes by Traveler: Requests to change bookings are subject to availability and may incur Supplier fees, administrative fees, and fare differences.

11.2 Changes by Backpacker XP: We reserve the right to make itinerary changes, substitute Suppliers, or alter Services. If a significant change occurs prior to departure, you may choose between accepting the change, receiving a refund as outlined in Section 4, or accepting offered alternatives where available.

12. Personal Property, Baggage & Valuables

12.1 Responsibility: You are responsible for securing and safeguarding your personal property. Backpacker XP is not liable for loss, theft or damage to personal property unless caused directly by proven gross negligence of Backpacker XP. Use Supplier baggage services at your own risk.

12.2 Valuables: Keep passports, money and valuables on your person. Consider using safety deposit facilities where available.

13. Photography, Media & Social Content

13.1 Consent: Backpacker XP or Supplier personnel may take photos or videos during trips. By participating, you consent to Backpacker XP using such media for marketing or promotional purposes, worldwide and royalty-free, unless you notify us in writing before departure.

13.2 User Content: If you submit photos, videos, or text to Backpacker XP (social posts, contest entries, reviews), you grant Backpacker XP a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, and publish that content.

14. Force Majeure

14.1 Definition: Events beyond reasonable control such as war, terrorism, civil unrest, strikes, pandemics, epidemics, governmental action, natural disasters, extreme weather, or Supplier bankruptcy constitute force majeure.

14.2 Effect: If a force majeure event affects your trip, Backpacker XP may (at its discretion) offer alternatives, reschedule, or provide credit. Backpacker XP will not be liable for any refunds or costs beyond the options we offer in such circumstances.

15. Complaints & Claims

15.1 During the Trip: Raise problems immediately with the local guide or Supplier so they have the opportunity to remedy the issue. Also notify Backpacker XP via the emergency contact details provided in your Booking Confirmation.

15.2 After the Trip: If unresolved, submit written complaints to Backpacker XP within 14 days of trip completion. We will investigate and respond within a reasonable time. Claims submitted later may be refused.

16. Intellectual Property

16.1 All content on the Website (text, images, logos, designs, itineraries) is Backpacker XP’s intellectual property or used under license. You may not copy, reproduce or commercially exploit our content without prior written consent.

17. Privacy

17.1 Personal data provided during Booking is used for processing your Booking, safety, and to comply with legal requirements. Our Privacy Policy explains how we collect, use and store personal data. By booking you consent to personal data processing required for your trip.

18. Governing Law, Jurisdiction & Dispute Resolution

18.1 Governing Law: These Terms are governed by the laws of India.

18.2 Jurisdiction: Any dispute arising under or related to these Terms will be subject to the exclusive jurisdiction of the courts of New Delhi, India.

18.3 Alternative Dispute Resolution: Before commencing litigation, the parties agree to attempt good-faith settlement discussions.

19. Severability & Waiver

19.1 If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force. Failure by Backpacker XP to enforce any term is not a waiver of rights.

20. Entire Agreement

20.1 These Terms, Booking Confirmation, Supplier terms, and the Privacy Policy constitute the entire agreement between you and Backpacker XP with respect to the booked Services.


21. Acceptance & Mandatory Acknowledgements (Booking Condition)

BY COMPLETING A BOOKING, THE LEAD TRAVELER CERTIFIES AND AGREES THAT:

They have read, understood and accepted these Terms on behalf of all Travelers in the Booking;

All Travelers have the necessary travel documents (passport, visas, permits) and are responsible for obtaining them;

All Travelers will obtain and maintain comprehensive travel insurance with medical evacuation coverage prior to departure and will provide proof upon request;

They accept and assume all risks of travel, and irrevocably waive any claims against Backpacker XP to the maximum extent permitted by law;

They agree to indemnify and hold Backpacker XP harmless for any claims arising from their actions.


22. Emergency Contact & Support

For urgent assistance while traveling, use the emergency contact details provided in your Booking Confirmation. For non-urgent queries, contact:

Email: contact@backpackerxp.com
Phone / WhatsApp: +91 8005729115


23. Recommended Actions Before You Travel

Purchase comprehensive travel insurance immediately after booking.
• Keep digital and physical copies of travel documents.
• Check visa and entry requirements well in advance.
Disclose medical conditions and carry required medications.
Follow local laws and Supplier instructions.


Last updated: 01/09/2025
Backpacker XP | www.backpackerxp.com