Terms & Conditions

 

This agreement applies between you and Experience the Himalayas, the owner of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon accepting these terms and conditions when making a booking via this website. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party these terms and conditions.

 

Definitions and Interpretation

 

In this Agreement the following terms shall have the following meanings: 

 

 

 

 

"Experience the Himalayas"

means Experience the Himalayas Limited, UK company number 07780911

 

 

"Trip"

means the services available for sale through this Web Site, specifically treks, jungle safaris, yoga and meditation courses, voluntary positions teaching English in a school, volunteering in an orphanage, city tours, and any activity package offered for sale.

 

 

"confirmed trips "

means the trip(s) purchased form Experience the Himalayas for which a deposit has been paid or for which the payment has been made in full. 

 

"you"

Means the person making the booking

 "trip start date"

means the 1st day on which the trip is planned to start.

 

"Website"

means the website that you are currently using (www.experiencethehimalayas.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

Termination and Cancellation

Experience the Himalayas reserves the right to cancel a confirmed trip without stating reasons prior to the start date of the trip. All monies paid for the cancellation of a confirmed trip will be refunded within 21 days from the date of notification.

 

You may cancel a confirmed trip. However as Experience the Himalayas will charge you the cancellation charges listed below. The days below refer to the number of days prior to start date of the trip purchased, and the value mentioned is the cancellation charge:

 

75% refund of total trip price for a cancellation made 90 days prior to the original departure date.

 

50% refund of total trip price for a cancellation made 60 days prior to the original departure date.

 

0% refund of total trip price  for a cancellation made 59 days or fewer days prior to the original departure date.

 

You can only make a cancellation by sending an e-mail to Experience the Himalayas clearly stating in the title of the e-mail "cancellation of a confirmed trip". You must state any booking references that you have been given and explain your reason(s) for cancellation. Experience the Himalayas will acknowledge your cancellation within 5 working days of the date of the e-mail. Any monies receive that are greater than the cancellation penalties will be refunded. The entitled refunds will be paid to you within 21 days of a cancellation being made.

 

Changing the start date of your trip

You are able to change the date of your confirmed trip 60 or more days prior to the start date of your trip. For charges for any member of the group for which you have a confirmed trip, you will be charged an administration fee of £35. You can only change to a scheduled trip departure date that is advertised on this website and the date must in December or before of the following year of the original start date of the trip. Changes to the trip departure dates that occur less than 60 days prior to the start date of your trip will be at the discretion of Experience the Himalayas. You will be liable to pay any increase in trip prices between the original and new confirmed trip. To make a change e-mail info@experiencethehimalayas.com

 

Payment of trip

Your booking constitutes a contractual offer and our acceptance of that offer is deemed to occur upon when Experience the Himalayas receive a deposit or a payment in full for a trip. We will send an email to you indicating that your order has been confirmed and accepted.

Full payment of the trip is required 90 days before the 1st day of the start of the trip. Failure to make full payment is equivalent to you notifying Experience the Himalayas of the cancellation of the trip in question.

All pricing information on the website is correct at the time of using the website online.  Experience the Himalayas reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Any price increase will not affect the agreed price for confirmed trips.

 

Services, Pricing, and Availability

Whilst every effort has been made to ensure that the description of a trip available from Experience the Himalayas correspond to the actual trip, Experience the Himalayas is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. 

 

Delivery Policy

The trip will be carried out as per the booking date chosen when the booking is made.

 

Provision of Services

A confirmed trip can only commence when payment in full for the confirmed trip has been received by Experience the Himalayas. Experience the Himalayas shall use its best endeavours to provide the Services with reasonable skill and care. Experience the Himalayas reserves the right to exercise discretion with respect to any alterations to a trip. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

 

           Weather and accessibility

           Personal safety

           Personal fitness

 

Privacy

Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

We do not store credit card details nor do we share customer details with any 3rd parties" - this is important and needs to be stated on your site

 

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

Notices

All notices / communications shall be sent to us by email to info@experiencethehimalayas.com.  Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  

Law and Jurisdiction

These terms and conditions and the relationship between you and Experience the Himalayas shall be governed by and construed in accordance with the Law of England and Wales and Experience the Himalayas and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

Limitation of Liability

Nothing in these Terms and Conditions excludes or restricts Experience the Himalayas liability for death or personal injury resulting from any negligence or fraud on the part of Experience the Himalayas. Nothing in these Terms and Conditions excludes or restricts Experience the Himalayas's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.

 

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene, accommodation, and quality may be lower than those which would be expected in your own country. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of the cost paid to us for your holiday.

 

Our liability in all cases will be limited in accordance with and/or in an identical manner to any relevant international convention as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

 

We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled.

 

Holidays in the Himalayas, especially at high altitude, entails known and unanticipated risks. By booking the holiday the tour leader, on behalf of the holiday group who they has booked for, acknowledges that the main risks are, but not limited to, slips & falls, the inherent risk of altitude, including cold injury (frostnip, frostbite, and  hypothermia), acute mountain sickness, cerebral & pulmonary oedema, and death.

 

For all those undertaking a trip, it is the responsibility of the individual to ensure that they are both sufficiently physically and medically capable of completing and undertaking the trip. Experience the Himalayas shall have no liability where the cause of any problem is related to the physical or medical state of an individual. If any individuals undertaking a trip has any concerns about their physical and medical suitability to a trip, they should consult their doctor accordingly.  

 

If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage.

 

If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased overseas your claim should be directed to the activity provider and not to us.

 

In Nepal and the Himalayas standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what each group should accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Please be assured that our service providers will always do the utmost to ensure your safety and well-being when on a holiday. Occasionally our local service providers will need you to sign an 'Acceptance of Risk' form prior to accepting your participation on the holiday in accordance with specific local regulations. The purpose of the form is to indemnify the service provider and the Company from any claims made by you for incidents arising due to circumstances outside the service provider's and the Companies reasonable control. Where this is the case details are outlined in the Trip Notes and you may

 

Circumstances amounting to "force majeure" include any event which we or the supplier of the holiday in question could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, acts of God, adverse weather conditions, and all similar events.

 

Visas

Whilst we are able to provide basic advice to tourists regarding passports and visa requirements, you should check with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your chosen trip. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling. You are entirely responsible for ensuring that all members of the trip group have the correct and valid documentation for travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred and we advise you to check with your passport office or the consulate in question if you have any queries. Tourists travelling overland to certain destinations may need to also pass through controls of other countries en-route so this should be allowed for with any passport/visa applications.

 

Foreign & Commonwealth Office (FCO)

The British Foreign & Commonwealth Office (FCO) provide useful travel information to help tourists make informed decisions about travelling abroad. To access up-to-date information please visit the following link:

http://www.fco.gov.uk/en/travel-and-living-abroad/about-kbyg-campaign/

 

Your Insurance

It is a condition of your contract with us that you must take out adequate travel insurance suitable before you travel to cover yourself for cancellation, curtailment, injury or illness during your holiday with Experience the Himalayas Ltd. We do not check insurance policies for suitability, but reserve the right to request a copy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.

 

Special Requirements and Disabilities

If you have any special requirements or disabilities, it is essential that you inform us at the time of booking so that we can make the appropriate enquiries about the suitability of your chosen holiday for you. If we reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the booking.

 

Complaints

You must communicate to Experience the Himalayas at the earliest opportunity, any failure that you perceive in the provision of services contracted for. You must initially address your complaints to the trekking liaison manager in Kathmandu and your guide. If your problem is not resolved locally, please follow this up within 30 days following the final day of your trip by sending an e-mail clearly containing your complaints to info@experiencethehimalayas.com.

 

Communication

All communication unless otherwise stated should be made in English and all communication should be sent to info@experiencethehimalayas.com