These Terms and Conditions contain important information. Therefore, please read through carefully. When making a booking, it is implied that the client has read and understood these terms and conditions and agrees to abide by them. The Terms and Conditions constitute a firm agreement between Himalayan Treks Ltd and you for the services that we provide.
NOTE: These terms and conditions apply when you book with us directly. If you are booking through a third party, then their terms and conditions will apply.
In these terms and conditions, “we”, “us”, “our” refers to Himalayan Treks Ltd, a company registered in England under company number 10444419. “You” or “your” refers to the individual whose name and address are set out in the booking form for a trip or service.
A “consumer” means a person who attends one of our trips or services for purely personal reasons and not for purposes connected with a trade, business or profession. By signing a booking form or sending it to us electronically or by booking a trip or service at one of our events or trips, you are agreeing to enter into a legally binding agreement to which the terms and conditions set out below apply.
Your status
You confirm that you are not booking this event for purposes connected with a trade, business or profession which you are carrying on or are intending to carry on and that you are not, therefore, a consumer for the purposes of the Consumer Rights Act 2015, the Consumer Protection (Distance Selling) Regulations 2000 or any other consumer protection legislation.
Cancellation
If you are a consumer (see above), you can cancel your booking as specified below:
Cancellation notice is required, minimum of 20 days prior to trip departure and must be made in written form, such notice commences from the day your cancellation note is received. Cancellation shall be valid with approval from the company after receiving the required documentation. The trip shall then be termed as cancelled and the cancellation charge of 40% of the trip amount will be deducted from the total trip amount.
There will be no refund to clients that provide less than 20 days’ notice, before the trip departure and if a passenger leaves a trip for any reason whatsoever, either voluntarily, involuntarily or if you commit any unlawful act after the trip has commenced. We will make no refunds for any meals, accommodation or services not used.
Should you require other changes to your original trip or service, the person that booked the trip or service must submit a written document with changes required. While every effort will be made, changes cannot be guaranteed.
If you are prevented from travelling on the trip by genuine circumstances, for example (without restriction) because of death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, you may postpone or transfer your booking to another person, provided they meet all the requirements relating to that trip or service. You must provide proof of why you are unable to travel at the time you change your booking. A fee of USD 200 (or the same figure in the paying currency. For instance, EUR 200 or GBP 200) for trekking, USD 500 for peak climbing, USD 1500 for HAM Course and USD 3000 for expeditions per person is required if you postpone or transfer this trip or service no less than 20 days prior to trip departure. There will be no options available 20 days before trip departure and no deposit will be returned.
The client’s insurance may provide cover against unavoidable cancellation. See ‘Can you recommend a travel insurance?’ on the FAQs section.
Price and payment
To process a booking, you must pay a deposit (to be established on a trip-by-trip basis) in order to reserve your space. You will have to email us a copy of your passport, flight details and travel insurance for your trip at [email protected]. After receiving a copy of your passport and the deposit, we will send you a confirmation email. The remainder of the trip has to be paid in full within two months prior the start of the trip.
We will also email you the details for making the payment, whether this is via bank transfer, or other methods as agreed.
If you agree to pay in cash or by electronic bank transfer, you agree to pay us no later than the specified dates. If you fail to pay us in accordance with the payment plan, we will contact you to ask for an alternative method of payment. If you have not paid the full price of the trip or service at least 60 days prior to the time it starts, we reserve the right to refuse you access to the trip or service.
We reserve the right to revise the price of our trips and services posted in our marketing materials under any circumstances (for instance, errors) or on the pressure of various external factors like changes in exchange rate, government action, etc., which are out of our control.
Our trip packages are based on twin-sharing accommodation. Single-room supplement charge will be imposed to the clients who don’t have another trip participant to share accommodation with.
Changes to a trip or service
Every attempt will be made by Himalayan Treks to ensure that the trip runs smoothly and is as outlined in your itinerary. However, Himalayan Treks reserves the right to cancel a trip at any time prior to the start of it, if Himalayan Treks believes there are reasonable grounds for cancellation due to unsuitable conditions. We will give you at least 14 days’ prior notice in writing.
If this is the case, a full refund on your trip will be made or, alternatively, Himalayan Treks will offer to clients the same trip at an alternative date.
If you are unable to attend a trip or service because of changes in the timing, location or venue, you will be entitled to transfer your booking to someone else, as explained above, or attend the same event or go to the same trip on a chosen date within 12 months from the date in which your trip or event was meant to start. We will not be liable for any other costs or expenses which you may incur such as cancellation of travel or accommodation arrangements for attending the event.
General terms
You can only transfer your booking for a trip or service to someone else by notifying us at least 7 days before the trip or service (see above). You must not sell your booking to anyone else.
Changes to your trip or service due to unforseen circumstances
If you are forced to extend your trip due to bad weather, natural disaster or unforeseen circumstances, we are not liable to pay any compensation or otherwise be responsible for any extra expenses you may incur. Those changes may be such as: flight (or any other means of transport) delay or cancellation, political unrest, sickness or accident, unpredictable weather, road blockage, natural disaster (earthquake, landslide, flood, snowfall, avalanche, etc.) or any other things beyond our control.
In these situations, the abovementioned cancellation and booking changes policy does not apply and therefore there will be no refund to be made.
We also won’t be held responsible for any loss of employment, injury, illness and loss of life resulted by circumstances beyond our control. Having said that, we will always do our best to take you to safety from any kind of danger.
And in the event of cancellation of the booked trip due to reasons out of our control, you are free to reschedule your trip or take an alternative trip of the same price range. While rescheduling the trip, you will receive the full credit from your previously booked trip, and you will only pay the difference amount between old and new prices if the price increases for the rescheduled departure.
Ownership of materials
The intellectual property rights, including copyright, in any materials given to you in connection with the service or trip you attend, whether delivered in hard copy or electronically, belong to us. You must not copy or reproduce them in any format for the purpose of distributing them to anyone else, whether or not for payment.
Media and photos
You agree that Himalayan Treks Ltd may use images of you taken during the trip without recourse or compensation to you and for publicity and promotion purposes only. This applies to any medium and social media platform.
Passport and visas
All clients must have a valid passport with at least 6 months’ validity from return date before leaving their home country. Nepalese visas can be obtained from the Nepalese Consulate or Embassy in your country or upon arrival in Kathmandu Airport.
Nepalese visas costs are the sole responsibility of clients.
Baggage and personal belongings
Himalayan Treks Ltd is not liable for any loss or stolen items or baggage.
Travel insurance
It is compulsory to have a travel insurance that caters for hazardous activities when you book a trip with Himalayan Treks Ltd and you are responsible to purchase your own. We will need a copy of it before the trip starts. The policy must include suitable cover for rescue, repatriation, emergency evacuation and medical expenses.
In case of emergency, many insurance companies will require that you obtain their permission before they provide medical assistance or helicopter rescue, otherwise they may not cover the cost. However, this may not always be possible if we are in remote areas. Therefore, make sure that your insurer agrees to cover the costs even when it hasn’t been possible to contact them in advance.
Health and fitness
All treks, climbing trips and expeditions require a certain level of fitness. Therefore, it is always advisable that you check on your health and fitness with your local GP before you travel. It is the client’s responsibility to notify Himalayan Treks Ltd of any pre-existing medical condition and/or disability that may increase the risk of you requiring medical attention and that may affect your ability to travel.
Children
All travellers under the age of eightteen must be accompanied by a legal guardian. Please contact us if you require further information.
Complaints
Should you have a complaint about the trip, you must make it known to a trip leader or guide at the earliest opportunity. The person in charge will take the appropriate action.
Disclaimer
The presentations made and materials distributed at our events or trips are intended for a general audience. We do not guarantee that the information provided or the concepts, techniques and methods presented will work for you or any other individual in their personal and business circumstances.
We cannot accept responsibility for the quality or effectiveness of any goods or services provided by third parties which we may mention or refer to in the course of an event, and any decision to buy any such goods or services is entirely at your own risk.
Waiver
While attending some of our trips or events, you may be invited to take part in activities which could, potentially, result in serious personal injury. By booking a place at an event, for a trip or service signing the booking form or accepting the confirmation email, you expressly accept and acknowledge that you do not have to take part in any such activity and that, if you do take part, you do so of your own free will and at your own risk and you waive any and all claims you may have against us or any of our staff or presenters arising out of any injury or loss suffered while taking part in activities at our events unless the injury is caused directly by our negligence.
Limitation of liability
We do not accept any responsibility for any loss or damage of any description you may suffer as a result of attending one of our events or trips or of acting on the basis of information received at one of our events.
Our liability for any breach of contract, negligence or other civil wrong shall not in any event exceed the amount which you paid us to attend the event. Nothing in this section is intended to limit or exclude any liability for personal injury or death caused directly by our negligence.
Communication
Where this contract says a communication must be in writing, it can be sent by delivered by hand or by emailing us at [email protected]. We will contact you by emailing you at the address shown in the booking form or email. Any letter or email must be received within the time limits set out in these terms and conditions.
Privacy
We may store and use any personal information we may collect about you in accordance with our privacy policy.
Governing Law
This contract shall be governed by English law and you agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute arising out of it.
Himalayan Treks Ltd © 2019 All rights reserved
