Terms and Conditions

Terms and Conditions of Nepal ma Tara

Travel Planner Services

Article 1 – Purpose

These general terms and conditions (hereinafter “GTC”) exclusively govern all the services provided by Nepal ma Tara. These services include tailored travel itinerary advice, covering transport, accommodation, activities, administrative assistance, and recommendations, specifically for destinations in Nepal and South Asia (hereinafter “Services”) offered to its clients (hereinafter “Client”).

All Services are detailed in the estimate provided to the Client or on Nepal ma Tara’s website. The Client is required to review the Services before confirming their order. The responsibility for purchasing the Services lies solely with the Client. Any order of Services implies the unconditional acceptance of these GTC.

The Client declares to have reviewed and accepted these GTC by signing the estimate before the order process begins, as well as the general terms of use of the website. The Client’s confirmation of the order constitutes an unconditional acceptance of these GTC.

Nepal ma Tara reserves the right to modify or adapt the GTC at any time. These modifications are applicable as soon as they are posted online. The version applicable to the Client’s purchase is the one in effect on the website at the time of the order or attached to the signed invoice.

Article 2 – Nature of the Services

For each request for Services, the Client must contact Nepal ma Tara by email at nepalmatara@gmail.com, via WhatsApp at +33 658079519, by booking an individual appointment via Calendly, or by filling out the contact form on the website. This step ensures that all necessary information is provided to prepare the Client’s trip.

The Client must provide all essential details for the trip preparation, including their preferences, budget constraints, and intended travel dates. The Client is also responsible for verifying the accuracy of the order and notifying Nepal ma Tara of any errors.

Nepal ma Tara offers travel advice and organizational services, including:

  • Creation of personalized itineraries.
  • Advice on the best times to travel.
  • Recommendations on accommodation, restaurants, and activities.
  • Practical information on visas, vaccinations, and other administrative formalities.

Service Process

  • Initial Contact: After receiving a request, a phone or video conference call is arranged to discuss the trip details (destination, budget, expectations) and assess its feasibility.
  • Package Proposal: Within 48 hours of the call, Nepal ma Tara offers a package tailored to the Client’s request, including a budget estimate for the trip, which covers Nepal ma Tara’s service fees. If there is no response after several attempts, the travel request will not be processed.
  • Validation and Payment: If the Client accepts the estimate, they must sign it and agree to the GTC. The order is validated upon this signature and the payment of the package.
  • Delivery of Travel Proposal: Once the package is paid, the detailed travel proposal is sent within 15 working days. A 2-day period is given for partial modifications after receiving the proposal. If no response is received, the proposal is deemed accepted.
  • Delivery of Services: The Services will be provided at various stages before the Client’s actual trip. These stages will be outlined in the travel proposal provided to the Client.

Reservation Methods and Responsibilities

  • Service Delivery: Nepal ma Tara commits to taking all necessary steps to provide the ordered Services, under an obligation of means. The delivery times communicated are indicative and do not constitute a firm commitment from Nepal ma Tara. If the ordered Services are not provided for reasons other than force majeure or a fault attributable to the Client, the sale may be terminated upon written request from the Client, in accordance with articles L216-2, L216-3, and L241-4 of the French Consumer Code. In the event of termination, no refund will be made for amounts already paid.
  • Reservations: Nepal ma Tara offers advice but does not make reservations on behalf of the Client. Nepal ma Tara is not a travel agency. The Client is responsible for finalizing and booking all recommended services.
  • Client Responsibility: The Client must check their communication channels to ensure they receive all documents and information sent by Nepal ma Tara. Nepal ma Tara is not responsible for delays or errors in communication attributable to the Client.
  • Incidents and Changes: Nepal ma Tara is not responsible for changes, cancellations, or issues related to reservations made by the Client. In case of an incident, the Client must contact the relevant service providers. Nepal ma Tara may offer assistance in managing unforeseen circumstances, but this is at its discretion.

Assistance and Limitations

  • No Accompanying Services: Nepal ma Tara does not offer on-site physical accompaniment or guides. It advises providers, but the Client must make their own arrangements for any local guides or assistance.
  • Optional Assistance: Nepal ma Tara may assist the Client in case of difficulties during the trip, such as language barriers or disputes with service providers. However, this assistance is not obligatory and is provided at the discretion of the Company, within the limits of Nepal ma Tara’s knowledge and expertise, without guaranteeing specific results. The assistance is intended to help the Client, but Nepal ma Tara cannot be held responsible for the consequences of the advice or actions taken as a result of this assistance. By accepting these terms, the Client acknowledges that the assistance provided is voluntary and does not engage Nepal ma Tara’s responsibility in case of unresolved disputes or unsatisfactory results.
  • Right to Cancel or Refuse an Order: Nepal ma Tara reserves the right, at its discretion, to cancel or refuse any order from a Client who has had a dispute related to previous orders.

Article 3 – Pre-contractual Information

The Client confirms having received, prior to finalizing the order or concluding the contract, in a clear and accessible manner, these General Terms and Conditions (GTC) as well as all the required information according to Article L. 221-5 of the French Consumer Code.

Article 4 – Prices and Payment Terms

The prices of the Services are communicated to the Client upon request. Payment for the services must be made before the services are provided. The accepted payment methods are detailed in the specific communications with the Client. The Services are billed as a package. The total amount may be subject to discounts or referral programs offered by Nepal ma Tara. An invoice is issued and provided to the Client within the summary email of the ordered Services.

In the case of bank transfer, the services may begin once proof of the transfer has been received or upon receipt of payment by Nepal ma Tara. If payment for the services is made in installments, the Client must pay a deposit at the time of the order as specified in the quote, and the balance must be paid before receiving the travel documents. These will not be sent until the balance is paid. The Client agrees to respect the payment dates. In case of late payment, late payment penalties will be applied by Nepal ma Tara, without any formalities or prior notice.

In the event of late payment, a penalty of 5% per annum will be applied. This penalty will be in addition to a fixed recovery fee of €40 (in accordance with Article 121-II of French Law No. 2012-387 of March 22, 2012, and Decree No. 2012-1115 of October 2, 2012).

Nepal ma Tara reserves the right, in case of non-compliance with the payment conditions outlined above, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the execution of its obligations.

Article 5 – Right of Withdrawal

In accordance with Articles L221-1, L221-18, and L221-4 of the French Consumer Code, the Client may cancel their order within 14 days from the date of signing the service contract, without providing a reason, if the execution of the Services has not begun. Nepal ma Tara will then be required to refund the Client in full, no later than 14 days following the date the withdrawal right was exercised and established.

If the Client exercises the right of withdrawal from a contract of Services whose execution has already started before the end of the legal withdrawal period, the Client must pay Nepal ma Tara an amount corresponding to the Services provided before the cancellation. The Client will then receive a refund of the total price, minus the cost of the Services already provided. Without payment for the Services already rendered, the Client will receive a refund of the total price minus the cost of the provided Services. The requested amount will be proportionate to the total price of the agreed service in the contract, or, if it is part of a complete package, it will be calculated as a percentage of the work performed, determined by Nepal ma Tara based on the time necessary to complete the entire Services.

To exercise the right of withdrawal, the Client must fill out and send the withdrawal form below. The form must be sent by email with acknowledgment of receipt to the following address: nepalmatara@gmail.com.

**

WITHDRAWAL FORM TEMPLATE

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of Nepal ma Tara, 2 Rue Adrien Lagourgue, 97424 Piton Saint-Leu, France, nepalmatara@gmail.com

I/we () hereby notify () you of my/our (*) withdrawal from the contract for the service provision as detailed below:

Ordered on ()/received on ():

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is being notified on paper):

Date:

(*) Strike out the unnecessary mention.

**

Article 6 – Cancellation and Refund

Nepal ma Tara will refund the Client only in the event of a failure to provide the service (Article L216-6 of the French Consumer Code). After the expiration of the 14-day statutory withdrawal period, no refund will be granted, even in cases of force majeure. The Client is informed that Nepal ma Tara cannot be held responsible for any unforeseen events or changes that may occur after this period.

It is important to note that a cancellation by the Client does not change the fact that the work has been done and the services have been integrated into the company’s schedule. These services were planned and prepared based on the Client’s requests, which may have led to adjustments in our schedule and potentially caused us to turn away other clients for reserved time slots. Therefore, even in the case of cancellation, the costs incurred for the preparation of the trip will not be refunded.

Nepal ma Tara remains available to assist the Client with any questions and provide guidance throughout the process to ensure the smoothest travel experience possible. We encourage the Client to thoroughly check all information before confirming to avoid any inconvenience.

Article 7 – Liability

Nepal ma Tara cannot guarantee the quality of services provided by third parties such as hotels, airlines, rental agencies, etc. The Client is advised to consult reviews and evaluations regarding these services before making any decisions.

The proposals provided by Nepal ma Tara (flights, accommodations, transportation, etc.) may experience price and availability fluctuations. Nepal ma Tara is not responsible for these changes. If the Client does not book the proposals promptly after receiving the links, Nepal ma Tara cannot be held responsible, and any new search will be charged as an additional service.

Nepal ma Tara cannot be held responsible for incorrect information provided by the Client. It is the Client’s responsibility to verify and provide accurate information, such as the departure airport, travel dates, and accommodation details. Any changes to destinations, dates, or other elements requiring a new complete search will either be refused or billed as a new service.

Nepal ma Tara is not responsible for any issues that may arise in the conclusion or execution of contracts between the Client and the service providers (transport companies, accommodations, travel agencies, etc.). Nepal ma Tara cannot intervene in disputes between the Client and these providers.

The Client acknowledges that their trip may take place in areas where standards and commitments may differ from those they are accustomed to. Nepal ma Tara cannot be held responsible for inconveniences such as flight cancellations, poor travel experiences, or accommodations. The responsibility for the booking lies solely with the Client. The service provided by Nepal ma Tara is an expertise and consulting service designed to facilitate the search for trips and save time for the Client during the preparation and execution of their stay.

Article 8 – Force Majeure

Nepal ma Tara cannot be held responsible for delays or cancellations resulting from unforeseen events beyond its control, such as natural disasters, pandemics, political unrest, widespread strikes, interruptions to essential infrastructure services, or any other force majeure event as defined in Article 1218 of the French Civil Code.

In the event of such an occurrence, Nepal ma Tara will inform the Client without delay. The occurrence of a force majeure event will make it impossible to perform the agreed Services, and Nepal ma Tara cannot be held responsible for the consequences of this impossibility. Nepal ma Tara is required to provide appropriate justification for the force majeure event that occurred as soon as possible. No damages or compensation will be owed for non-performance or delays caused by these exceptional circumstances.

Force majeure events may include, but are not limited to, natural disasters (earthquakes, floods, fires), global health crises (pandemics), wars, acts of terrorism, civil unrest, general strikes, and essential infrastructure failures (power outages, transport service interruptions).

Article 9 – Confidentiality and Data Protection

Nepal ma Tara is committed to complying with French data protection legislation, including the French Data Protection Act and the General Data Protection Regulation (GDPR). The personal information collected is used solely for the provision of the agreed services and will not be shared with third parties without the prior consent of the Client.

The collection of this data is essential for the execution of the contract. If the Client refuses to provide this information, they may encounter difficulties in the execution of the services, and Nepal ma Tara will not be held responsible.

The data collected includes, among other things, the name, surname, personal contact details (phone, email), age, gender, travel preferences, and other information necessary to personalize the services. This data is primarily used to identify users, formalize and manage the contractual relationship, ensure accounting (client account management), and perform marketing communications when the Client consents.

Mr. Terry Guirado, the founder and head of Nepal ma Tara, is the only person authorized to access this information. The data is kept until the exercise of the right to object or for a maximum duration of 10 years, allowing Nepal ma Tara to retain invoices and other documents necessary for accounting purposes. Only the personal data used for marketing actions (referral, promotions) will be retained until consent is withdrawn or for a maximum duration of 3 years from the Client’s last contact with Nepal ma Tara, in accordance with legal requirements.

Article 10 – Intellectual Property Rights

The intellectual property rights related to the content of Nepal ma Tara are governed by French intellectual property law. According to the French Intellectual Property Code (IPC), specifically Articles L111-1 and following, all elements on Nepal ma Tara’s website (nepalmatara.com), including texts, images, logos, and graphics, are protected by copyright.

This means that any reproduction, representation, modification, publication, or use of these elements, in whole or in part, without the prior written consent of Nepal ma Tara, constitutes a copyright infringement. Such unauthorized actions may lead to legal action in accordance with Articles L335-2 and following of the IPC, which penalizes copyright infringements.

The copyright associated with the contents of Nepal ma Tara (travel journals, guides, various graphic productions, etc.) remains the exclusive property of Nepal ma Tara. Any use of protected content must be authorized by Nepal ma Tara in advance to avoid intellectual property violations.

For example, the travel journal provided to the client is strictly for personal use by the individuals included in the service. It may not be shared, modified, or reproduced with third parties without the explicit consent of Nepal ma Tara.

Article 11 – Disputes

In the event of a dispute related to the services provided by Nepal ma Tara, the Client is invited to contact the company directly in an attempt to resolve the disagreement amicably. In accordance with Articles L. 611-1 and following of the French Consumer Code, the Client has the option to use a consumer mediator to resolve conflicts in an extrajudicial manner.

If the amicable solution does not resolve the dispute, the Client may take the matter to the competent court, according to the territorial jurisdiction rules set out in the French Civil Procedure Code. French law will apply to any legal procedure concerning these GTC, in accordance with Article 4 of the French Civil Code. The parties agree that any dispute will be subject to the jurisdiction of the courts located where Nepal ma Tara’s headquarters are situated, unless otherwise agreed.

Article 12 – Applicable Law and Language of Reference

These GTC are governed by French law. Any dispute relating to their interpretation, execution, or validity will be submitted to the competent courts of the French Republic, in accordance with the territorial jurisdiction rules established by the applicable legislation.

Although communication and services may be conducted in English, the French version of the GTC will prevail in case of any interpretation discrepancies. The parties agree that all official communications and legal documents related to the order and execution of the Services will be written in French.

Article 13 – Acceptance of the General Terms and Conditions

By placing an order with Nepal ma Tara, the Client acknowledges having read and accepted these GTC without reservation. This acceptance is formalized by the validation of the order (quote or invoice) and implies the Client’s full and unconditional adherence to all the provisions of the GTC. The applicable GTC are those in force at the time of the order or as listed on the Nepal ma Tara website. Any subsequent modification of the GTC will be communicated to the Client and will only apply to future orders. If the Client disagrees with the terms of the GTC, they are invited not to proceed with the order.