Terms & Conditions

TERMS AND CONDITIONS

Last updated: 8 May 2018

Welcome to the website http://himalayansteps.com/ (the “Website” or “Himalayan Steps”)! These Terms and Conditions apply to all visitors and customers of the Website.

By accessing, browsing and using our Website and/or Services, you agree to proceed on the basis of these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you shall not use or access this Website and our Services. Please read them carefully.

1. DISCLAIMER

This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of any tour or accommodation displayed on the Website.

2. DEFINITIONS

“Customer” refers to any person who has access to the Website and uses Services; the terms ‘you’, ‘your’ are used throughout these Terms to refer to the Customer;

“Services” refers to the service through the Website, our mobile applications and any other lawful means;

“Terms” means these Terms and Conditions as amended from time to time.

3. OUR SERVICES

Through the Website our Customers may find travel information; book tours and tour packages; purchase any tour services and enjoy other travel-related services. Our Services are offered upon the condition that you accept these Terms without any modification.

4. USE OF SERVICES

When using our Services, you confirm and agree that:

– you will use our Services in compliance with these Terms, Privacy Policy and other legal terms;
– you will not use our Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
– you will use the Services in a manner that is ethical and in conformity with community standards;
– you will respect the privacy of other Customers;
– you are older than 13 years of age.

If we have reasons to believe that your use of the Services is fraudulent and/or illegal, we are entitled in our sole discretion to terminate, suspend or discontinue our Services without any refund to you. If you have conducted any fraudulent and/or illegal activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to Himalayan Steps.

5. TOUR RESERVATION AND PAYMENT

Tour price are available on the Website. As a general rule, we require a deposit on all treks before the trip start date to reserve a place for you. The remaining balance should be paid in a major currency at the Himalayan Steps office in Kathmandu at the time of your arrival. We may charge you an additional fee of 13% to cover local taxes and transaction fees if you pay for our Services with a credit/debit card in Nepal.

While Himalayan Steps do its best to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Himalayan Steps’ reasonable control, in which event Himalayan Steps shall utilize its best efforts to notify the Customer of such change as soon as possible. If you continue using our Services, you agree to such price change.

The tour price includes only those services/items that are included as per the itinerary. The Customer shall be responsible and pay for any additional items where, as required from time to time. Such payment is made either directly to a third party service provider or to Himalayan Steps for settlement with a third party service provider.

Himalayan Steps has no control over any increases in prices/charges/tariffs, where such increases are implemented during the tour by third party service provider.

Our fees are exclusive of taxes, duties and other charges. The Customer is solely responsible for payment of all taxes and any related interest and/or penalties resulting from any payments made hereunder.

The Customer agrees to provide us with a valid credit card information. Online Credit Card payments are subjected to a 3% processing fee. You are solely responsible for paying any bank service fees. Your tour is confirmed only once we receive a required fee on our bank account after which you receive a confirmation notification by email from us within 24 to 48 hours of making an online payment. Please contact us if you fail to receive the confirmation on tour availability. You are responsible to make sure that the payment was done properly.

All fees are indicated in US Dollars. If you pay in another currency, you may need to pay a currency conversion rate. Please contact your bank for more information. When you pay us in Nepal, we will calculate the remaining balance due to us on current exchange rates as per the website – www.xe.com.

6. REFUNDS AND CANCELLATION

If you want to cancel your reserved tour, we may refund your fee payable to us minus a $150 cancellation fee (5000 INR for Indian Nationals). Himalayan Steps will not accept refunds for flights if we already booked your flight. In some cases we may reschedule your trip at no cost or with some cost if you provide us with 7 days advance notice.

We will not give any refunds if you finish the trekking earlier or later, or cancel your tour for medical or personal reason while trekking.

7. REQUIREMENTS IN RELATION TO TRAVEL INSURANCE

Travel insurance is not included in the price of our tours. Comprehensive travel insurance is mandatory on the tour. Upon making reservation of a tour, each Customer agrees to buy travel insurance valid within the tour dates and confirm the valid travel insurance if requested by Himalayan Steps.

Each Customer shall be solely responsible to make sure that its travel insurance cover:

– medical evacuation and transportation for trekking over 4,500 m with helicopter evacuation if the tour includes mountain trekking activities;
– emergency medical evacuation within the territory of the tour;
– emergency medical expenses;
– 24/7 emergency assistance;
– relevant activities included in the tour (e.g. climbing, trekking, hiking);
countries and territories that the Customer will visit during its tour (including, without limitation, Nepal); and
– all travel days within the tour.

Each Customer shall be responsible to ensure that its travel insurance is valid and fully paid. It should be noted that some insurance companies demand that the cost of evacuation is paid in advance before a travel starts.

You may consider the following travel insurance companies: www.worldnomads.com, https://bigcattravelinsurance.com, www.allianztravelinsurance.com, www.comparethemarket.com, www.squaremouth.com and mvp.travelguard.com. The information on travel insurance companies is given for information purpose only and should not be regarded as a recommendation or endorsement of the quality, service level, qualification of these travel insurance companies.

8. REFUSAL OF TOUR SERVICES

Himalayan Steps is entitled to refuse from providing the Services without any refund to you at any time, including before or during the trekking in the following circumstances:

Though Himalayan Steps is not required to check a Customer’s medical or physical condition, we may ask the Customer to stop the trekking if we have reasons to believe that the Customer have insufficient medical or physical condition to complete the tour;
We may, in its sole discretion, exclude the Customer from the tour, if the Customer fails to present proof of travel insurance to Himalayan Steps
We may reject the Customer from the Services if the Customer’s behaviour is unacceptable.

9. TOUR PACKAGES AND EXTRA COSTS

On the Website we describe all information about tour and what is included in each tour package. A tour package may exclude certain services/products that are subject to extra costs. Such extra costs can be, without limitation:

– Fee for Tourist Visa in Nepal (US$ 25 for 15 days, US$ 40 for 30 days, US$ 100 for 90 days)
– Rental of sleeping bag (US$ 20)
– Rental of warm clothes (US$ 15)
– Meals in Kathmandu (breakfast is included in the tour package)
– Tips for a guide and porter after the trek (US$ 80 recommended in total)
– Drinking water (US$ 1-3 per bottle)
– Hot showers (US$ 3-5 per shower)
– WiFi (extra cost in some tea houses at US$ 3-5 per hour) and/or local SIM card
– Cost for charging electronic devices (approx. US$ 1.50 per hour)
– Other unforeseen expenses (in case of flight delay or cancelation, extra meals, etc).

In overall, it is recommended to plan that your budget is US$ 30-40 per day for additional expenses.

10. ESSENTIALS

Each Customer shall be responsible to learn about safety precautions associated with the tour and make relevant preparations. Here are some recommendations that we give:

– Don’t forget to stay hydrated and listen to your physical condition when trekking and being on high altitude;
– Make sure your travel insurance fully covers your tour activities;
– Take a warm and waterproof clothes, but don’t overpack;
– Wear comfortable trail shoes or boots;
– Be careful with yak, donkey caravans and other wild animals;
– Pay attention to your personal belongings;
– When trekking, keep your eyes on your guide trail;
– Make sure you have enough cash with you as there can be no ATM machines;
– Don’t litter;
– Public displays of affection can be unsafe in Nepal;
– Follow the rules when visiting temples;
– Take a small personalized first aid kit;
– Take sun protection.

11. PASSPORT AND VISA

It is the Customer’s sole responsibility to ensure that passports, visas, health certificates, travel insurance and any other required documentation are all in order for the countries to be visited during the tour.

A blank passport page and a passport size photo is required for the entry application in Nepal. The Customer shall bring its photo or make a new photo at arrival. Each Customer shall ensure that his/her passport has at least 6 months’ validity on the arrival date in Nepal.

Himalayan Steps shall not be held liable for any consequences, damages or claims if the Customer fails to have any required documentation.

12. FLIGHT DELAYS

Himalayan Steps is not responsible for any flight delays. It should be noted that flight delays and cancellation happen often between Kathmandu and Lukla due to weather conditions. However, we care about our customers and, if possible, we will try to provide you with a chartered helicopter. This option is available at an additional cost of approx. $400 per person.

We also schedule one additional day into the trek already as a buffer day in case of delays. Since the delays can take several days, it is recommended that you add a few extra days at the end of your trip in case of any delays. Extra days are only added at the end of the trip and not the start.

13. SOLO TRAVELERS

If you are a solo traveller, we will charge you with extra fees in a few circumstances only. A solo traveller will have a single room in Kathmandu. During the trek a solo traveller may be asked to share a room with other group members if there is no available single room on the trek. Solo travellers are requested to pay $15 a day for a porter if he/she occupies a single room. We will update you on the room availability and extra charges as soon as possible.

14. INTELLECTUAL PROPERTY

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the photos, texts, content, design, layout, appearance, look and graphics of the Website. Any reproduction of the Website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.

15. INDEMNIFICATION

The Customer understands and accepts that the tour is of an adventurous nature and involves an element of personal risk.

Himalayan Steps and its respective directors, shareholders, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature (including, without limitation, the Customer’s or any other person’s injury or death, or any loss of or damage to the Customer’s or any other person’s property) which the Customer or any such other person may incur or suffer as a result of or arising from the Customer participation in the tour and any other activities undertaken on or during the tour, and the Customer irrevocably and forever releases and discharges Himalayan Steps and its respective directors, shareholders, officers, employees, representatives and agents from any and all such liability.

The Customer furthermore indemnifies and holds Himalayan Steps and its respective directors, shareholders, offices, employees, representatives and agents harmless from and against any loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including attorney fee) of whatsoever nature and howsoever arising (including, but not limited to, the Customer’s or any other person’s injury or death, or any loss of or damage to the Customer’s or any other person’s property) which the Customer or any such other person may incur or suffer as a result of or arising from the Customer’s participation in the tour and any other activities undertaken on or during the tour.

The Customer shall be responsible for all baggage and personal effects brought on the tour, and Himalayan Steps shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.

16. NO WARRANTIES

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ANY TOUR SERVICES) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

17. CHANGES TO TERMS

From time to time we may change or modify these Terms including for legal, regulatory or security reasons at any time and for any reason. We will post the updated version of the Terms on our Website, it is your responsibility to check the Terms for changes. If you do not agree to any changes of the Terms, then you can simply stop using the Website at any time. Otherwise, by continuing to access or use the Website, you are indicating that you agree to be bound by the updated version of the Terms.

18. PRIVACY POLICY

On the Website you may see a link to the Privacy Policy which is the integral part of these Terms. The protection of your personal information is vital and important to us. That is why we always act to protect your personal information. Please read our Privacy Policy carefully for more information on how we use and protect your personal information. By agreeing to these Terms you will be deemed to have read, understood and agreed to our Privacy Policy in its whole.

19. APPLICABLE LAW

Your use of this Website and any dispute arising out of your use of it is subject to the laws of New South Wales.

20. NOTICES

Any notice or other communication given or made under or in connection with the matters contemplated by these Terms shall be in writing and sent electronically.

You can use our contact form on the Website to send us any notice.

You agree that all agreements, notices, demands, disclosures and other communications that Himalayan Steps sends to you electronically satisfy the legal requirement that such communication should be in writing.

21. GENERAL PROVISIONS

Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.

If any provision of the Terms is held to be invalid, non-binding or unenforceable, the remaining provisions shall remain valid and be enforced.

These Terms constitute the entire and exclusive understanding and agreement between you and Himalayan Steps regarding the Website and Services.

You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent of Himalayan Steps. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Himalayan Steps may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

The failure of Himalayan Steps to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Himalayan Steps may disclose the Customer’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Himalayan Steps shall not be liable for damages or results thereof and Customer agrees not to bring any action or claim against Himalayan Steps for such disclosure.