By agreeing to use the services of Himalayan Quests I/we (known here as the client/s) will be agreeing to the following Terms and Conditions:
The information contained on the website where these terms and conditions appear, is intended to be a fair representation of prevailing conditions and circumstances while, at the same time, intending to convey a required level of flexibility and adaptation by both parties to these terms. The tour price will have been mutually agreed prior to the commencement of the services to be provided and payment will have been made in full.
You need to be a minimum of 18 years old and in suitable physical condition to participate on any trek/trip with Himalayan Quests. Minors are welcome however, they must be accompanied at all times by a guardian/responsible adult. The whole philosophy of this type of adventure travel is one which allows alternatives and a substantial degree of on-tour flexibility. The outline itineraries given for each trek/trip must therefore be taken as an indication of what should be accomplished and not as a contractual obligation on our part. It is a fundamental condition of joining any trek/trip that you accept this flexibility, and acknowledge that delays and alterations and their results are possible. It is in the interest of all members of the group, that everyone should be capable of fully participating in the activities of their chosen trek/trip. With this in mind, please be aware that if it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete a trek/trip without affecting its safety, comfort or happy progress, the trek/trip leader at any stage, has the right to remove you from the trek/trip. You agree that any photography taken prior to, during, or after the trek/trip, which may include you in it, may be used in publicity material connected with Himalayan Quests, and that we will retain all rights, title and interest in such photography made by us including but not limited to any royalties, proceeds, or other benefits derived from such material. The trek/trip is based on using twin accommodation, and if you join a trek/trip alone, you will be partnered with another member of the same sex to share accommodation. If single occupancy is required, a singles supplement will be charged. You agree to comply with all legislation, visas, immigration, customs and foreign exchange regulations and comply with all reasonable instructions of the trek/trip leader relating to the safety and organisation of the trek/trip. Should there be any contravention by the client/s of the laws of Nepal, Himalayan Quests shall have the right to require the client/s to leave the tour without recourse to refund.
3. Costs & Payment
Once services and price have been agreed a deposit remittance is required in order to secure the booking. The deposit payment is to be made by remittance to the bank account in Nepal supplied by Himalayan Quests. It is the client/s responsibility to ensure all bank charges are covered by themselves and that they are not deducted from the total amount due to Himalayan Quests. The deposit is non-refundable unless we cancel the trek/trip for any reason other than war, threat of war, civil strife, natural, man made or nuclear disaster, industrial dispute, bureaucratic obstacles, terrorist activity, adverse weather conditions, fire or similar events. The balance of the cost (full payment) for the services to be provided must be paid by the client/s by remittance to the bank account in Nepal supplied by Himalayan Quests no later than the specified date stated on the itinerary/quote sent to you. You are responsible to pay for your personal equipment, tips, overseas airport taxes*, government imposed fees* and the costs of visas*, vaccinations*, additional food & drink, personal spending money, transport to and from the airport of your departure, and any other activities not included in the itinerary. (*Where applicable).
4. Price Guarantee
Once the deposit has been received into the specified Himalayan Quests bank account, the price of the services agreed will be guaranteed. Prior to receipt of the deposit, the price may be subject to change in order to allow for changes in costs by airlines or any government action including but not limited to new or increased taxes such as VAT, airport taxes, and increased national park entry fees, or to allow for fluctuations in applicable exchange rates. In the case of an increase in the cost of your trek/trip, Himalayan Quests will send you a new quote.
5. Cancellation/Curtailment/Postponement The deposit is non-refundable except owing to cancellation by Himalayan Quests (see exceptions under clause 4, Costs & Payments). In the event of cancellation by Himalayan Quests (not affected by the exceptions outlined under clause 4, Costs & Payments), not more and not less than the full amount of the deposit paid will be refunded. If at any time prior to the agreed date of the commencement of services the client/s wishes to change or modify the programme then the altered services/dates/prices can be adjusted (upwards or downwards) without penalty subject to feasibility of the preferred replacement programme. Once full payment has been made and the programme has begun, under no circumstances and at no time will any refund be made. Should these circumstances arise the client/s’ first recourse is to his/her/their insurer.
6. Insurance & Emergency Details
It is a condition of booking that you have a suitable travel insurance policy whilst participating on your trek/trip to cover your person and personal effects for the duration of the trek/trip (including any rented equipment or equipment loaned by Himalayan Quests). Clients together with their personal property including luggage, are at all times solely at their own risk. For treks, you must ensure your policy covers you for high altitude trekking and that it includes emergency helicopter evacuation. Himalayan Quests will help facilitate an emergency evacuation should it be required, but under no circumstances will it be responsible for covering any costs relating to the evacuation. All costs must be met either by the client or the client’s insurers. A photocopy of your passport, emergency contact details (i.e., next of kin) and travel insurance must be provided to Himalayan Quests prior to your arrival in Nepal.
7. Medical Treatment
It is a condition of joining a trek/trip that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf. All medical costs must be met either by the client or the client’s insurers.
Adventure travel within a developing country is not without risks. You must be adequately fit to cover the distances and undertake the programme set out in your trek/trip itinerary. You therefore take part entirely at your own risk and agree to indemnify us, our employees, agents, sub-contractors and suppliers against claims for loss or damage to personal property or for loss or consequential losses or claims through your participation in this trek/trip arising from your own actions. You take the risk that you will be able to satisfy all immigration customs or other authorities to be granted lawful access to Nepal. If you are refused access, we do not accept liability for any costs and expenses you incur in resolving your difficulties or returning to your home country. We will give such assistance as we can in the circumstances without any obligation upon us to do so and without any liability for our actions on your behalf. We have a policy to not pay any ransom or make any payments in order to secure the release of hostages. Cyclists must wear a helmet when riding. All participants must wear safety clothing or equipment such as may be required or under the rules and regulations of any local service provider of any activity undertaken by you. For water-based activities you must be able to swim 50 metres fully clothed.
9. Dispute/Claim Resolution
In the event of a claim against Himalayan Quests by the client/s the cause and the degree of the claim must be brought to the attention of Himalayan Quests’ management at the first possible opportunity. Should it be a claim for compensation it is mutually preferred that any settlement be agreed while the client/s remain in Nepal and every effort is to be made to this end. In the event of issues unable to be settled in this timeframe then at least an agreed route for terms and criteria of settlement should be agreed and recorded. In the last resort matters are subject to Nepalese Law with jurisdiction in Nepal.
10. Data Protection
In order to process the booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details. These will include, where applicable, your name and address, credit/debit card or other payment details and special requirements such as those relating to any medical condition which may affect the chosen trek/trip arrangements and any dietary restrictions which may disclose your religious beliefs. This information may be provided to public authorities such as customs/immigration if required by them, or as required by law. You agree that the information you provide to us is accurate and that we use all necessary and relevant information, which we hold for the purpose of administering your trek/trip. We shall not subject any personal data about you to any processing except as may be required for the purposes of the trek/trip and your data shall not be transferred to any third party except as maybe necessary for the purposes of the trek/trip.
11. Contractual Commitment
Both the client/s and Himalayan Quests agree that once the deposit has been paid the above terms and conditions will be binding on both parties and that the Client/s’ Assumption of Risk and Guarantee below will be honoured.
12. Client/s Assumption of Risk and Guarantee
The client/s is aware that the mountain trek or expedition, white water rafting trip, jungle tour or any other journey or vacation under the arrangements of Himalayan Quests Pvt Ltd and its employees, subsidiaries, associates or agents, involves certain risks and dangers. These include but are not limited to:
- Travelling in mountain terrain, on rivers and in forest and jungle
- Travel by aircraft, car, coach, jeep, boat, canoe, raft, automobile, elephant, donkey, bicycle, or any other means of conveyance
- Accidents or illness in remote regions with little or no medical facilities and/or without means of speedy communication and/or evacuation
- Accidents caused by the forces of nature
- Changes in itinerary due to reasons beyond the control of Himalayan Quests
In consideration of the above, and as part of the payment for the right to participate in such treks, tours, rafting trips or other activities and the services arranged for me by the aforementioned company and its subsidiaries, associates, agents and employees, I have and hereby assume all the above risks and will hold Himalayan Quests blameless, and will defend them against, any and all liability actions, causes of actions, suits, debts, demands and claims of every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with the trip or participation in activities arranged for me by the aforementioned company and its employees, subsidiaries, associates and agents. This agreement shall serve as a release and as my stated assumption of risk and as guarantee by myself on behalf of myself and my heirs, administrators, executors and all members of my family including any minors whether accompanying me or not.