-------------------------------------------------- DRAFT FOR ATTORNEY REVIEW ONLY — NOT LEGAL OR MEDICAL ADVICE IMPORTANT: Himalayan Trails India Pvt Ltd provides NO medical advice. Travel insurance with minimum emergency medical and evacuation cover of INR 20 lakhs is MANDATORY for all Clients. This document is a structured preparation draft only. Consumer Protection Act 2019 India compliance for tour operator service contracts including cancellation fee provisions and refund obligations, liability waiver enforceability under the Consumer Protection Act 2019 India and Indian Contract Act 1872 which may limit the Operator's ability to exclude liability for negligence, Digital Personal Data Protection Act 2023 India compliance for collecting and processing Client passport and personal travel data, applicable Himachal Pradesh Tourism Department licensing requirements for commercial trekking operators, altitude sickness and health screening obligations under applicable Indian trekking standards, Motor Vehicles Act compliance for jeep transport on mountain roads in Himachal Pradesh, and Force Majeure and itinerary variation clause enforceability under the Indian Contract Act 1872 must all be confirmed with a qualified Indian attorney before this agreement is used. -------------------------------------------------- TOUR OPERATOR AGREEMENT — DRAFT FOR ATTORNEY REVIEW Document Ref: TOA-2026-001 Date of Preparation: June 1 2026 OPERATOR: Himalayan Trails India Pvt Ltd Shimla Himachal Pradesh India Email: [operator email] Phone: [operator phone] License: [HP Tourism Department license number] CLIENT: Full Name: ______________________________ Nationality: ____________________________ Passport Number: _______________________ Contact Number: ________________________ Email: _________________________________ Emergency Contact Name: ________________ Emergency Contact Phone: _______________ Tour: Spiti Valley Culture and Trek Tour Departure Date: ________________________ Effective Date: ________________________ 1. RECITALS 1.1 Himalayan Trails India Pvt Ltd is a licensed adventure trekking and cultural tour operator based in Shimla Himachal Pradesh India specializing in Himalayan trekking, jeep expeditions, and cultural immersion tours in the Spiti Valley and greater Himachal Pradesh region. 1.2 The Client named above is an adult individual wishing to undertake the Spiti Valley Culture and Trek Tour operated by Himalayan Trails India Pvt Ltd on the agreed departure date. 1.3 Both parties confirm their mutual intent to document this tour arrangement on the terms set out in this agreement. 2. DEFINITIONS 2.1 Operator: Himalayan Trails India Pvt Ltd. 2.2 Client: The individual named above. 2.3 Tour: The Spiti Valley Culture and Trek Tour as described in Section 4. 2.4 Itinerary: The day-by-day tour program described in Section 4, subject to variation under Section 9. 2.5 Inclusions: The services included in the tour price as listed in Section 5. 2.6 Exclusions: The items NOT included in the tour price as listed in Section 6. 2.7 Force Majeure: Any event beyond the reasonable control of the Operator as described in Section 9. 2.8 Cancellation: The decision by either party to discontinue the Tour before departure as described in Section 8. 2.9 Travel Insurance: The mandatory insurance policy the Client must hold as described in Section 10. 2.10 Third-Party Supplier: Any hotel, homestay, transport provider, or activity provider engaged by Himalayan Trails India Pvt Ltd to deliver tour components as described in Section 13. 2.11 Governing Law: Laws of Himachal Pradesh India. 2.12 Effective Date: The date the Client pays the booking deposit. 3. TOUR SCOPE AND ITINERARY 3.1 Tour Name: Spiti Valley Culture and Trek Tour. 3.2 Duration: 8 days and 7 nights. 3.3 Route: Shimla to Kaza to Shimla. 3.4 Key activities and daily itinerary overview: 1. Day 1: Shimla to Narkanda to Reckong Peo. Road journey, dinner and overnight at hotel. 2. Day 2: Reckong Peo to Tabo via Spiti Valley road. Key Monastery visit en route. Overnight at guesthouse. 3. Day 3: Tabo Monastery exploration and Dhankar Monastery hike. Moderate trail, approximately 3 hours. Overnight at guesthouse. 4. Day 4: Kaza base day. Key Monastery detailed visit, Kibber village walk, local village homestay experience. 5. Day 5: Pin Valley National Park hike. Moderate trail, approximately 5 hours. Wildlife observation opportunity. Return to Kaza. 6. Day 6: Kunzum Pass visit subject to road and weather conditions. Chandratal Lake excursion NOT included due to seasonal permit availability. 7. Day 7: Kaza to Shimla return journey via mountain road. 8. Day 8: Shimla. Tour concludes after breakfast. 3.5 The Itinerary is subject to variation under Section 9 of this agreement. 4. INCLUSIONS 4.1 The following services are included in the tour price of INR 45,000 per person: 1. Accommodation in hotels and approved homestays on twin sharing basis for 7 nights from Day 1 dinner through Day 8 breakfast. 2. All meals from Day 1 dinner through Day 8 breakfast inclusive. 3. All ground transportation by jeep throughout the tour from Shimla to Shimla. 4. Services of an experienced English- speaking trekking and cultural guide throughout the tour. 5. All entry fees and permit fees for included sites such as Key Monastery and Tabo Monastery as per the agreed itinerary. 6. First aid kit carried by the guide throughout the tour. 5. EXCLUSIONS 5.1 The following are NOT included in the tour price and are the Client's sole responsibility: 1. Travel insurance. Travel insurance is MANDATORY and must be purchased separately by the Client before departure as described in Section 10. 2. Flights or bus tickets to and from Shimla for the start and end of the Tour. 3. Visa, passport, or any travel documentation fees. 4. Personal expenses including laundry, phone calls, and shopping. 5. Alcoholic beverages. 6. Gratuities or tips for guides, drivers, or homestay hosts. 7. Optional monastery or temple donations. 8. Any medical treatment, emergency medical evacuation, or altitude sickness treatment costs. 9. Chandratal Lake excursion. This excursion is explicitly NOT included in this tour due to seasonal permit availability. 10. Any optional activities not listed in the Inclusions. 6. BOOKING AND PAYMENT 6.1 The total tour price is INR 45,000 per person plus applicable GST. 6.2 A non-refundable booking deposit of INR 13,500 being 30 percent of the tour price is due at the time of booking to confirm the Client's reservation. 6.3 The balance of INR 31,500 plus applicable GST is due no later than 21 days before the agreed departure date. 6.4 Payment is accepted by NEFT or UPI to Himalayan Trails India Pvt Ltd's nominated bank account. Payment confirmation must be shared by the Client. 6.5 If the balance payment is not received by the due date Himalayan Trails India Pvt Ltd reserves the right to cancel the booking. In such case the deposit is forfeited and the cancellation policy in Section 8 applies. 6.6 Note: Applicable GST rate on tour operator services under the CGST Act 2017, TDS obligations on tour payments, and Consumer Protection Act 2019 India compliance for advance payment terms must be confirmed with a qualified Indian chartered accountant and attorney. 7. CANCELLATION AND REFUND POLICY 7.1 CANCELLATION BY THE CLIENT: The following refund schedule applies to all cancellations by the Client calculated from the date of written cancellation notice received by Himalayan Trails India Pvt Ltd to the departure date: 1. More than 30 days before departure: 75 percent refund of total tour price paid. The initial booking deposit is non-refundable. 2. 15 to 30 days before departure: 50 percent refund of total tour price paid. 3. Fewer than 15 days before departure or no-show: No refund. 100 percent of total tour price paid is forfeited. 7.2 TRANSFER OF BOOKING: The Client may transfer their booking to another eligible adult with 21 days written notice subject to Himalayan Trails India Pvt Ltd's approval and any applicable transfer administration fee. 7.3 CANCELLATION BY OPERATOR: If Himalayan Trails India Pvt Ltd cancels the Tour for reasons other than Force Majeure, the Client will receive a full refund of all tour payments made within 14 days. 7.4 Note: Cancellation refund provisions for tour operator contracts must comply with the Consumer Protection Act 2019 India. A qualified Indian attorney must confirm enforceability before this agreement is used. 8. FORCE MAJEURE AND ITINERARY VARIATION 8.1 Himalayan Trails India Pvt Ltd reserves the right to vary the Itinerary for the Client's safety, wellbeing, or operational reasons including: 1. Road closures or landslides on mountain roads in Spiti Valley or surrounding regions. 2. Adverse weather conditions making any section of the Trek unsafe in the guide's reasonable judgment. 3. Government orders restricting access to any tour location. 4. Altitude-related health concerns affecting the Client during the tour. 8.2 If Himalayan Trails India Pvt Ltd is required to vary the Itinerary it will use reasonable efforts to provide a comparable alternative activity or route. If an included service cannot be delivered and no comparable alternative is available the cost of that specific service will be refunded to the Client on a pro-rata basis. 8.3 Force Majeure events include government orders, natural disasters, severe weather, road closures, landslides, floods, pandemic restrictions, or any event beyond the reasonable control of Himalayan Trails India Pvt Ltd. 8.4 In the event of Force Majeure cancellation of the entire Tour before departure Himalayan Trails India Pvt Ltd will refund all payments received less any non-recoverable costs already committed on the Client's behalf with documentation. 8.5 Note: Force Majeure clause enforceability under the Indian Contract Act 1872 and applicable Consumer Protection Act 2019 India refund obligations on Force Majeure cancellation must be confirmed with a qualified Indian attorney. 9. TRAVEL INSURANCE OBLIGATION 9.1 Travel insurance is MANDATORY for all Clients booking this Tour. The Client must hold a valid travel insurance policy before the Tour departure date with the following minimum coverage: 1. Emergency medical treatment: INR 20,00,000 minimum. 2. Emergency medical evacuation including helicopter evacuation from high-altitude locations: INR 20,00,000 minimum. 3. Tour cancellation or curtailment coverage. 4. Personal accident cover. 9.2 The Client must provide proof of travel insurance to Himalayan Trails India Pvt Ltd before departure if requested. 9.3 Himalayan Trails India Pvt Ltd accepts NO financial responsibility for any loss, cost, or damage that the Client would have recovered under an adequate travel insurance policy had one been in place. 9.4 Note: Minimum travel insurance coverage requirements for high-altitude trekking in Himachal Pradesh and applicable Himalayan rescue and evacuation cost estimates must be confirmed with a qualified Indian insurance advisor. 10. HEALTH DECLARATION AND MEDICAL DISCLAIMER 10.1 By signing this agreement the Client declares that: 1. To the best of their knowledge they are in suitable physical health to participate in moderate trekking activities at altitudes ranging from approximately 2,000 to 4,550 metres above sea level. 2. They have consulted or will consult a qualified medical practitioner before departure if they have any known cardiac condition, hypertension, respiratory condition, diabetes, joint injury, or any other medical condition that may be affected by high-altitude physical exertion. 3. They understand altitude sickness is a genuine risk at the altitudes encountered on this Tour and have been advised to research acclimatization requirements. 10.2 Himalayan Trails India Pvt Ltd does not provide medical advice and is not responsible for any health condition arising from the Client's failure to disclose a known medical condition or failure to seek appropriate medical clearance before the Tour. 10.3 Note: Health screening obligations for commercial trekking operators in Himachal Pradesh, applicable altitude sickness risk disclosure requirements, and any mandatory medical clearance requirements for specific high-altitude zones must be confirmed with a qualified Indian attorney. 11. OPERATOR DUTY OF CARE 11.1 Himalayan Trails India Pvt Ltd will take reasonable steps to operate the Tour safely including: 1. Employing experienced and qualified trekking guides. 2. Monitoring weather and road conditions and varying the Itinerary under Section 9 if necessary for safety. 3. Carrying a first aid kit and basic altitude sickness medication. 4. Maintaining appropriate motor vehicle standards for mountain road transport. 11.2 Himalayan Trails India Pvt Ltd is not responsible for: 1. Injury or illness resulting from the Client's failure to follow guide instructions or safety briefings. 2. Health consequences of undisclosed pre-existing medical conditions. 3. The Client's own decision to attempt activities outside the agreed Itinerary. 11.3 Note: The duty of care owed by commercial trekking operators to Clients under applicable Indian law and the Consumer Protection Act 2019 India must be confirmed with a qualified attorney. 12. THIRD-PARTY SUPPLIERS 12.1 Himalayan Trails India Pvt Ltd engages third-party suppliers including hotels, homestays, jeep transport providers, and activity operators to deliver components of this Tour. Those suppliers' own terms and conditions apply to their respective services. 12.2 Himalayan Trails India Pvt Ltd will take reasonable steps to select reputable suppliers and to remedy any supplier failure during the Tour but is not liable for the independent acts or omissions of third-party suppliers beyond those reasonable steps. 12.3 Note: Third-party supplier liability provisions and applicable package tour regulations under Indian law must be confirmed with a qualified Indian attorney. 13. NO GUARANTEE OF EXPERIENCE 13.1 Himalayan Trails India Pvt Ltd makes no guarantee of specific weather conditions, road accessibility, wildlife sightings in Pin Valley National Park, accessibility of Kunzum Pass, or any other experience outcome that depends on natural conditions, seasonal factors, or government permit availability outside the Operator's control. 13.2 The Tour is a high-altitude mountain experience and natural and logistical variability is inherent. 14. CLIENT CONDUCT AND TERMINATION 14.1 The Client agrees to: 1. Follow all guide instructions and safety briefings at all times. 2. Respect local customs, religious sites, and communities encountered during the Tour. 3. Not attempt any off-itinerary trek, route, or activity without guide approval. 4. Not consume alcohol excessively at altitude. 5. Treat fellow travelers, guides, drivers, and hosts with respect. 14.2 Himalayan Trails India Pvt Ltd may remove the Client from the Tour immediately and without refund for serious misconduct including aggressive behaviour, serious disregard for safety instructions, or conduct endangering other travelers. 15. DATA PROTECTION AND PRIVACY 15.1 Himalayan Trails India Pvt Ltd will collect and process the Client's personal data including passport details, contact information, emergency contact details, and health declaration only for administering this Tour and complying with applicable permit and regulatory requirements, in accordance with the Digital Personal Data Protection Act 2023 India. 15.2 Client personal data will not be shared with third parties except permit authorities, accommodation providers, and emergency services as required. 15.3 Note: DPDP Act 2023 India compliance for tour operators collecting passport and health data, applicable consent requirements, and data retention obligations must be confirmed with a qualified Indian attorney. 16. LIMITATION OF LIABILITY 16.1 Himalayan Trails India Pvt Ltd's total liability to the Client for any claim arising from this Tour is limited to the total tour price paid by the Client. 16.2 Himalayan Trails India Pvt Ltd is not liable for indirect, consequential, or lost travel opportunity claims. 16.3 Note: Limitation of liability clauses in consumer tour operator contracts are subject to significant limitations under the Consumer Protection Act 2019 India. A qualified attorney must confirm enforceability. 17. COMPLAINTS PROCEDURE 17.1 If the Client has a complaint during the Tour they must raise it immediately with the guide or with Himalayan Trails India Pvt Ltd's operations contact so it can be addressed promptly. 17.2 Post-tour complaints must be submitted in writing to Himalayan Trails India Pvt Ltd within 14 days of the Tour end date. 18. GOVERNING LAW AND DISPUTES 18.1 Laws of Himachal Pradesh India and the Consumer Protection Act 2019 India govern this agreement. 18.2 Disputes proceed through direct negotiation then the applicable Consumer Disputes Redressal Forum in Shimla. 19. ENTIRE AGREEMENT 19.1 This agreement is the complete understanding between Himalayan Trails India Pvt Ltd and the Client. Any amendment requires written consent of both parties. SIGNATURE BLOCK: Note: Both parties must have this agreement reviewed by a qualified Indian attorney before use. Consumer Protection Act 2019 India cancellation and refund compliance, liability waiver enforceability, HP Tourism Department licensing compliance, DPDP Act 2023 passport and health data obligations, GST on tour operator fees, Motor Vehicles Act road transport compliance, altitude sickness risk disclosure obligations, and Force Majeure clause enforceability must all be confirmed before this agreement is used. Himalayan Trails India Pvt Ltd (Operator) Authorized Signatory: ________________ Name: ____________________ Date: ____________________ Client Signature: ________________ Name: ____________________ Date: ____________________ -------------------------------------------------- This Tour Operator Agreement