Terms & Conditions


1. HEALTH & SAFETY COMPLIANCE

All applicable health and safety protocols as notified by the Central Government, State Government, DGCA, or any competent authority from time to time, including but not limited to public health emergencies, epidemic/pandemic protocols, and biosecurity measures, shall be adhered to by the passengers and Megamax Aviation. Non-compliance may result in denial of boarding.

Where boarding is denied on health or safety grounds, the passengers denied boarding on safety-based medical grounds assessed by the Pilot-in-Command or ground team shall be treated as cancelation.

2. SEATING CAPACITY & HELICOPTER TYPE

The maximum seating capacity of the helicopter deployed on this tour is subject to the particular Helicopter as fare-paying passengers (excluding crew). The helicopter type deployed is subject to operational requirements. The actual number of passengers per flight may be reduced by the Pilot-in-Command based on weight, weather, altitude, and load conditions at high-altitude destinations. The Pilot-in-Command’s decision in this regard is final and non-negotiable for safety reasons. In case of group of passenger’s body weight exceeded beyond the operational limits may not board in the same flight.

3. HELICOPTER WEIGHT LIMITATION

Maximum Passengers average weight capacity of the helicopter is 75 kg (excluding baggage weight). Passengers are taken on board depending upon the load and temperature conditions, and the Pilot-in-Command’s call will be final. Hence, passengers are required to provide their exact weights at the time of booking.

Exceedance of helicopter weight carrying capacity will result in passengers getting deboarded and cancelled for the Heli-tour without any refund.

Where deboarding results from deliberate misrepresentation of body weight at the time of booking, no refund shall be applicable. Overweight charges collected prior to boarding are non-refundable regardless of subsequent deboarding, except where deboarding is due to Megamax Aviation’s own operational requirements independent of the overweight condition.

4. OVERWEIGHT CHARGES

Overweight charges are applicable @ INR 2,500/kg for passengers weighing above 75 kg. Excess weight is calculated on the total excess weight above the total permissible weight of all group members combined (permissible weight = 75 kg × No. of passengers). Any discrepancy found in the weights of passengers will be charged as per the overweight criteria and collected prior to boarding.

Overweight charges collected prior to boarding are non-refundable regardless of subsequent deboarding, except where deboarding is necessitated solely by Megamax Aviation’s operational requirements independent of the overweight condition. This provision is without prejudice to the pro-rata refund entitlement set out in Section 3 above.

Please Note: While submitting body weights, please keep in view that you submit your final weight on the higher side, after adding the extra weight of your clothes and shoes.

5. ARRIVAL DATE & REPORTING

Our Dodham/Char Dham Heli-tours are booked flying-date-wise (Day 2 of the tour). Passengers must report to Dehradun one day prior to the flying date.Reporting time at Helidrome will be confirmed by our concern team in the late evening one day prior to the tour.

6. BAD WEATHER & FORCE MAJEURE

FORCE MAJEURE — For the purposes of these Terms and Conditions, ‘Force Majeure Event’ means any event beyond the reasonable control of Megamax Aviation including but not limited to: acts of God, earthquakes, floods, landslides, bad weather, epidemics, pandemics, government orders or directives, strikes, NOTAM, DGCA/MoCA directives, VVIP security movements, temple authority closures, glacial or seismic activity at the Dham locations, sudden aircraft technical snag, illness of the flying crew, or any other event rendering flight operations impossible or unsafe as determined by the Pilot-in-Command in their sole and final discretion. Where bad weather, technical snags, or any Force Majeure reason beyond Megamax Aviation’s control results in cancellation or delay of a flight, Megamax Aviation will not be liable for the cancelled or delayed flight. Refund will be given as per our refund policy. No compensation or reimbursement for accommodation, transportation, meals, or any other extra travel expenses incurred by passengers shall be offered in the event of cancellation.

7. IDENTITY DOCUMENTS & DATA PROTECTION


IDENTITY DOCUMENTS:

To ensure government compliance and complete the registration process, passengers must provide valid identification based on their nationality: Indian nationals are required to submit a copy of their Aadhaar card, while foreign nationals must provide a copy of their passport and VISA. Please note that original documents must be presented by all passengers at the time of boarding for verification purposes. Infants below 2 years must carry their original birth certificate with them at the time of boarding.

PERSONAL DATA & PRIVACY (DIGITAL PERSONAL DATA PROTECTION ACT, 2023):

1. Data Collection & Purpose: Megamax Aviation Pvt. Ltd. (Data Fiduciary) collects personal data — including name, age, Aadhaar/passport number, body weight, and medical information — solely for: (a) booking administration; (b) regulatory compliance and pre-flight documentation; (c) flight safety weight calculations; and (d) government or temple authority mandated Yatra registration.

2. Consent: By completing a booking, the passenger expressly consents to the collection and processing of their personal data for the purposes stated above, in accordance with the Digital Personal Data Protection Act, 2023

3. Retention & Deletion: Personal data shall be retained for a period not exceeding 90 days following the conclusion of the tour. Aadhaar/passport copies shall not be retained beyond the tour departure date except where required by law. Data will be securely destroyed upon expiry of the retention period.

4. Data Principal Rights: Passengers may exercise their rights under the DPDP Act 2023 (access, correction, erasure) by writing to: Data Protection officer, Megamax Aviation Pvt. Ltd., B-40, Sector-57, Noida – 201301 or emailing legal-@megamaxaviation.com

5. Third-Party Sharing: Passenger data shall not be sold or commercially transferred. It may be shared with temple authorities, government agencies, and hotels only to the extent necessary for the tour.

8. ADD-ON SERVICES

Additional services not mentioned in our inclusions will be extra chargeable and must be confirmed at the time of booking. Our team can arrange Haridwar or Rishikesh visits, hotel bookings for extra night halt, special pujas, and other services.

9. MEDICAL EMERGENCIES

Megamax Aviation shall not be liable for any medical emergency occurring at temples, hotels, helipads, trekking paths, or any other ground location during the Yatra. Megamax Aviation will assist in coordinating emergency transportation as a courtesy measure, which shall not be construed as creating any liability.

Passengers are strongly advised to carry high-altitude personal accident and medical evacuation insurance.

Medical evacuation by helicopter, if required, will be chargeable @ INR 1,45,000/- + UCADA royalty & landing charges + GST. This charge covers only helicopter transportation; all other medical costs remain the passenger’s responsibility. Senior citizens and passengers with medical conditions are advised to consult a doctor and obtain medical clearance before commencing the Yatra. Passengers are strongly recommended to obtain high-altitude personal accident and medical evacuation insurance prior to departure. Any increase in goverment levies or taxes after the confirmation of the booking will be extra chargeable to the pessangers payment against the will have to be done before the commencement of the tour.

10. CARRIAGE BY AIR ACT, 1972 — LIABILITY (NON SCHEDULED CORPORATE CHARTERS)

10.1 Application and hierarchy of law.

This tour is operated by Megamax Aviation Private Limited (“Megamax”) as a non scheduled charter service for corporate groups within India. The contract of carriage between Megamax and each passenger is subject to: (a) the Carriage by Air Act, 1972, including the rules in the Third Schedule, as applied to non international carriage by air under Section 8(3) and the relevant notification(s) in force from time to time; and (b) all applicable Civil Aviation Requirements issued by the Directorate General of Civil Aviation (“DGCA”) and the Ministry of Civil Aviation (“MoCA”), including those relating to passenger facilities, refunds, and handling of unruly passengers (together, the “Mandatory Aviation Law”). In case of conflict, Mandatory Aviation Law prevails; otherwise, these terms govern.

10.2 Passenger death or bodily injury.

In the event of death of, or bodily injury to, a passenger caused by an accident on board the aircraft, or in the course of embarking or disembarking, Megamax’s liability shall be determined and limited strictly in accordance with the Carriage by Air Act, 1972, the Third Schedule thereto, and the applicable notification(s) in force from time to time, including the monetary limits prescribed for non international carriage. Megamax shall have no liability beyond the statutory limit, except to the extent mandatorily required by law, and shall not be liable if it proves that the damage was not caused by its negligence or other wrongful act or omission, or was caused solely by the negligence or other wrongful act or omission of a third party.

10.3 Registered/checked baggage — corporate charter context.

For corporate charter operations, checked baggage space is limited and is intended for ordinary travel effects necessary for the tour. Megamax’s liability, if any, for destruction, loss, damage or delay of registered/checked baggage shall be limited to the extent and subject to the conditions specified in the Carriage by Air Act, 1972 and the Third Schedule, as modified by any applicable notification(s). To the extent permitted by law:

Megamax’s liability per passenger is subject to the applicable statutory cap for baggage, and Megamax shall not be liable for any amount exceeding such cap save where higher limits are mandatorily imposed by law.

A higher limit applies only where, at the time of handing over the baggage, the passenger (or corporate group representative) makes a special declaration of interest in delivery and pays any supplementary charge specified by Megamax, in which case Megamax’s liability is limited to the declared amount and Megamax may challenge any declaration that exceeds the passenger’s actual interest in delivery.

Passengers are strongly advised not to place high value items (including jewellery, electronic equipment, cash, negotiable instruments, corporate data storage devices, and sensitive documents) in checked baggage and to arrange appropriate insurance or alternative secure carriage at their own cost.

10.4 Delay, denied boarding and cancellations — non scheduled charter.

As a non scheduled charter operator, Megamax retains the right to adjust flight timings, sequences, and routing for operational, safety, or regulatory reasons. Megamax’s liability, if any, for delay, denied boarding, or cancellation affecting passengers shall be limited to the facilities and compensation, if any, expressly required under DGCA CAR Section 3, Series M, Part IV (“Facilities to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights”), as extended to non scheduled services, and any other Mandatory Aviation Law in force. Megamax shall not be liable where:civil aviation.

The delay or cancellation results from force majeure or extraordinary circumstances beyond Megamax’s control (including adverse meteorological conditions, Air Traffic Control restrictions, security risks, political events, regulatory actions, strikes, or other events recognised as force majeure).

Megamax and its agents have taken all measures that could reasonably be required to avoid the delay or its consequences or it was impossible to take such measures, as contemplated by the Third Schedule.

Any meals, transfers, hotel accommodation, rebooking or refunds in cases of delay, denial of boarding or cancellation will be provided strictly in accordance with DGCA CAR Part IV and the applicable fare/charter agreement, and Megamax shall have no additional contractual liability beyond what is mandated.

10.5 Insurance and risk allocation for corporate groups.

Corporate charter clients and passengers acknowledge that the statutory limits under the Carriage by Air Act and DGCA CARs may not cover the full economic, commercial or reputational impact of an incident or disruption. Corporate charterers and passengers are therefore advised to maintain appropriate corporate and personal insurance (including hull, liability, personal accident, medical and baggage insurance, and business interruption or key person cover as applicable) at their own cost, and Megamax shall have no responsibility for arranging or ensuring such insurance unless expressly agreed in writing.

10.6 Exclusion of indirect and special damages.

To the maximum extent permitted by the Carriage by Air Act, DGCA CARs and other applicable law, Megamax shall not be liable for any indirect, consequential, special or exemplary damages, loss of profit, loss of business opportunities, loss of management time, loss of data, or reputational injury suffered by any passenger or corporate entity, even if Megamax has been advised of the possibility of such loss. Megamax’s aggregate liability in respect of any passenger and any single charter flight shall in no event exceed the applicable statutory limit under the Carriage by Air Regime and the relevant notification(s).

10.7 Unruly passengers and safety — non scheduled charters.

The revised DGCA CAR on handling of unruly passengers (CAR Section 3, Series M, Part VI) applies to both scheduled and non scheduled air transport services. Megamax, acting through the Pilot in Command or authorised personnel, may refuse boarding to, or off load, debar or remove from the aircraft, any passenger whose conduct is unruly, abusive, intoxicated, disruptive, threatening or otherwise unsafe, or who is reasonably assessed to pose a safety or security risk, in accordance with that CAR and other applicable law. In such cases:

Megamax may initiate action under the unruly passenger CAR, including placing the passenger on an internal no fly list, referring the matter to the requisite internal committee, and recommending a ban period consistent with the CAR’s level based framework (Level 1, 2 or 3), and may report the matter to law enforcement or security authorities.

Where boarding is refused or a passenger is removed solely due to his or her misconduct, intoxication or safety risk, any refund, re accommodation or other remedy shall be governed strictly by DGCA CARs (including CAR on refunds on facilities) and the applicable corporate charter agreement or fare rules, and Megamax shall have no liability beyond what is expressly required therein.

10.8 Savings clause.

Nothing in this Clause 11 shall be construed as excluding, limiting, or purporting to exclude or limit any liability which cannot lawfully be excluded or limited under the Carriage by Air Act, 1972, the Third Schedule, DGCA CARs or any other Mandatory Aviation Law. If any provision of this Clause 11 is held to be inconsistent with any mandatory requirement of applicable law, such law shall prevail to that extent and the remaining provisions shall continue in full force and effect.

11. VIP EXCLUSION LIST

Our Heli-Tours are not available to the following categories of persons as per applicable DGCA/MoCA Security Circulars and government security instructions:

  • Speaker, Lok Sabha
  • Deputy Chairperson, Rajya Sabha
  • Central Ministers of Cabinet Rank
  • Central Ministers of State Rank
  • Chief Justice of India, Supreme Court
  • Governors of State
  • Chief Ministers of State
  • State Ministers of Cabinet Rank and State Rank
  • SPG Protectees — Z Category only

12. RESCHEDULING OF BOOKING

Rescheduling your booking to any future or prior travel date will be done subject to availability and on payment of 10% of the total tour cost. This will be permitted only if informed at least 28 days before the arrival date.In case rescheduling is requested less than 28 days prior to the travel date, the booking will be treated as cancelled and a fresh booking will be made subject to availability, after levy of applicable cancellation charges.

13. PAYMENT TERMS

We accept payments via bank transfers, cash, UPI, and card machine. Booking requires a deposit of 50% of the total amount. Balance payment will be taken 20 days prior to the date of arrival at Dehradun. Passengers will not be permitted to board or commence the tour unless full and final payment has been made. Any increase in goverment levies or taxes after the confirmation of the booking will be extra chargeable to the pessangers payment against the will have to be done before the commencement of the tour.

A convenience/processing fee of 3.5% (domestic credit/debit card) and 4.5% (American Express / international cards) represents third-party payment gateway charges passed through at cost. This is not a surcharge imposed by Megamax Aviation but a gateway processing fee.

Passengers may avoid this fee by paying via bank transfer or UPI.

14. CANCELLATION POLICY

Cancellation Notice Period Cancellation Charge

More than 45 days prior to travel date 20% of total tour cost

45 to 30 days prior to travel date 50% of total tour cost

29 to 20 days prior to travel date 75% of total tour cost

Less than 20 days prior to travel date No Refund

No show No Refund

After commencement of tour No Refund

Force Majeure & Bad Weather Refunds

In the event of cancellation due to Force Majeure (as defined in Section 6 above), the basis of refund shall be as follows:

Cancellation of specific sectors: Proportionate refund for the cancelled sector.

Additional services provided at any Dham during the tour: Cost will be deducted from the refundable Tour Cost.

Refund against unutilized service will not be made.

In case of pessanger get stuck at Kedranath top due to bad weather conditions/Force majeure the boarding and logging charges at Kedranath will be borne by the client directly.

In case of the extention of the Yatra days the cost for boarding and logging charges at Kedranath will be borne by the client directly.

Government-Mandated Cancellation (including COVID-19, epidemic, pandemic, or National/State Emergency): Where the tour is cancelled due to a government-mandated order (including but not limited to COVID-19 lockdown, epidemic/pandemic closure of the Yatra route, or national/state emergency).

Megamax Aviation shall retain 10% per booking toward mobilisation and operational costs already incurred also the expenses toward utilised (Hotel accomondation, meals, pick-up and other incurred cost) and shall refund the balance to the passenger within 45 working days.

Alternatively, at the passenger’s option, a Credit Voucher valid for 12-18 months from the date of issue may be provided in lieu of the cash refund.

15. GOVERNING LAW & JURISDICTION

GOVERNING LAW: These Terms and Conditions shall be governed by and construed in accordance with the laws of India.

JURISDICTION: Subject to the Arbitration Clause in Section 19 below, for any legal proceedings not covered by arbitration, the parties submit to the exclusive jurisdiction of the courts of Delhi/NCR. This is without prejudice to the right of a consumer (as defined under the Consumer Protection Act, 2019) to file a complaint before the appropriate District Consumer Commission at the place of the consumer’s residence or where the cause of action arises, as permitted under Section 34 of the Consumer Protection Act, 2019.

16. ARBITRATION

Any dispute, difference, or claim arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity, breach, or termination (other than disputes falling within the jurisdiction of Consumer Commissions under the Consumer Protection Act, 2019), shall be referred to and finally resolved by arbitration.

The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties within 30 days of the dispute notice. If the parties are unable to agree on appointment, either party may apply to the Delhi High Court Arbitration Centre (DHCAC) for appointment under the Arbitration and Conciliation Act, 1996.

Seat and venue of arbitration: New Delhi. Language: English. The award of the arbitrator shall be final and binding on both parties. Costs shall be as determined by the arbitrator. Recourse to arbitration does not preclude either party from seeking urgent interim relief from a court of competent jurisdiction.

17. BOOKING ACCEPTANCE & PASSENGER DECLARATION

By confirming a booking, each passenger (or the lead passenger on behalf of the group) declares and confirms that:

They have read and understood these Terms and Conditions in their entirety.

They specifically acknowledge and accept the Force Majeure cancellation policy, the no-refund provisions for no-shows and post-commencement cancellations, the weight-based deboarding policy, and the medical waiver.

All information provided at booking — including body weight — is accurate to the best of their knowledge.

They consent to the collection and processing of their personal data in accordance with the Privacy clause in Section 7 above.

This declaration is binding on all passengers covered under the booking. Megamax Aviation shall maintain a digital or physical record of this declaration per booking for a period of one year following the tour date.

18. VIP DARSHAN FACILITATION

VIP DARSHAN — FACILITATION ONLY:

Megamax Aviation will endeavour to facilitate VIP Darshan at Kedarnath ji and Badrinath ji, subject to orders issued by the relevant temple authorities, State Government, and competent authorities from time to time. VIP Darshan is not a guaranteed service and its availability is entirely dependent on government/temple authority directives on the date of the Yatra.

If VIP Darshan is unavailable on the date of the Yatra due to government/temple authority orders or any other reason beyond Megamax Aviation’s control, no refund, compensation, or alternative darshan arrangement shall be payable or provided by Megamax Aviation. The inclusion of VIP Darshan facilitation in the package description refers to Megamax Aviation’s facilitation efforts only and does not constitute a contractual guarantee of this service.