BOOKING TERMS & CONDITIONS

The following terms and conditions together with the general information contained on the website www.himalayancircuit.com.au (Terms and Conditions) form the basis of your contract with Himalayan Circuit (Operator) and apply to your booking. By making a booking you agree to adhere to these Terms and Conditions.

BOOKING CONFIRMATION

On completion of your booking, you will be emailed a booking confirmation within 24 hours which will include important details about what you can expect, what you need to bring, what is supplied and where you need to be at what time. Please ensure that you read through this information thoroughly to ensure that you are adequately prepared for your trek. You are responsible for ensuring that you are dressed appropriately and you have appropriate footwear to undertake the trek.

MINIMUM AGE

If you have children under 5 years of age in your party, please check with us first if our treks will be suitable for them. Child prices for guided treks apply to those 15 years and under (at time of trekking). If you are over 65 years, please consult your doctor to check your physical fitness, prior to making your booking.

SINGLE SUPPLEMENT

Our accommodation is based on twin share, two trekkers to a room. If you'd prefer to have your own room, a single supplement fee applies and is subject to availability. A private room upgrade is not confirmed until the single supplement fee has been paid, 60 days in advance. Any adjustments to single supplement arrangements within 30 days of departure may incur additional fees, instituted by our accommodation providers, to cover any newly unoccupied rooms.

DIETARY REQUIREMENTS

We are happy to accommodate guests with specialty diets, we appreciate as much advance notice as possible. If we don't receive adequate advanced notice, we may not be able to fully cater for dietary needs as we operate in remote mountain environments and it is not always possible to access specialty foods. Please ensure you advise us as early as possible if you have dietary requirements.

FITNESS LEVEL & ABILITY

No previous trekking experience is necessary, however a reasonable level of fitness and ability is required for all of our tours. Each tour is different in its difficulty level and grading.

On average, you should be able to walk between 5 – 8 hours over uneven terrain, often broken with rocks and scree, carrying a day pack, at high altitude. By participating in a guided trek, you understand that if your fitness level is not of a reasonable standard that there could be treks in the itinerary that are not safe or appropriate for you to attempt. The safety of our guests is our top priority and we reserve the right to turn you around or end a trek prematurely if it becomes clear that continuing will make conditions unsafe either for yourself, or for the group as a whole.

We take care to display distances, times and elevation gain/loss to the best of our ability and professional expertise, however the impetus for accurate comprehension and interpretation remains with the participant.

MEDICAL CONDITIONS

Before departure we will collect information from you, and each member of your party, regarding any relevant medical conditions present, or any medications being taken or carried on your person. In the event of an emergency we may be required to share this information with emergency services or medical staff. If you choose not to declare certain medical conditions and/or medications, Himalayan Circuit, including all guiding and catering staff, will not be responsible for any damage, injury or loss arising from contraindications that have not been notified in advance.

The nature of our tours means that we will, at times, be significant distances from specialist medical care centres therefore delays in accessing treatment are an unavoidable part of this activity. Our guides are qualified in First Aid and carry First Aid kits and satellite communications devices while our activities are in progress.

If you are over 65 years, please consult your doctor to check your physical fitness, prior to making your booking.

OUR ZERO-TOLERANCE DRUG POLICY

We have a zero-tolerance policy for the possession and use of illegal drugs on our tours. If we have reason to suspect that you are in possession of, or actively using, illegal drugs or substances we reserve the right to remove you from the tour immediately and refer the matter to the local authorities. Under these circumstances no portion of your tour package will be refundable and you will not be entitled to seek compensation from Himalayan Circuit for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation including, but not limited to; return transport to your place of embarkation, additional accommodation and meals, medical expenses, personal expenses, legal representation, travel visas, passport charges, airport and airline taxes or annual leave.

DEPOSIT & BALANCE PAYMENTS

All amounts are given per person and in Australian Dollars (AUD). Himalayan Circuit accept the following payment methods: Visa, Mastercard, AMEX, Credit Card, or Bank Transfer. By entering your credit card details you authorise us to charge all fees incurred by you in relation to the services provided to your nominated credit card. Credit card fees apply. We regret we're no longer accept payment by bank cheque.

To confirm a booking for any trek, a non-refundable deposit of 10% of the total trek cost per person is required. Final balances are due 60 days prior to your trek departure. Your booking is not confirmed until you have made your deposit in full. Your place on the tour is not confirmed until you have made full payment of the balance prior to the departure date.

MINIMUM GROUP SIZES

We require a minimum number of participants to confirm a departure. This number varies from tour to tour. If group numbers don't reach the minimum required, we reserve the right to cancel the departure or offer you an alternative departure. If we can't proceed with a scheduled date due to insufficient participants, we will refund you in full (less booking fee). You will not be entitled to seek compensation from Himalayan Circuit for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation including, but not limited to; travel visas, passport and vaccination charges, gear purchases, airport and airline taxes or annual leave.

We review our group numbers frequently and will endeavour to provide you with at least 14 days' notice or as much advance notice as possible. We can proceed, on request, with a group size that does not meet our minimum requirement, however a small group surcharge will apply.

CANCELLATION POLICY

All cancellations must be made in writing and either emailed to [email protected] or notified by phone call to our office.

48 Hour Booking Freedom

Just booked but made a mistake or changed your mind? No problem, cancel within 48 hours of making your booking and we'll refund your deposit in full, excluding any booking, payment and/or credit card fees.

Unlimited Changes Up To 60-Days

The deposit is non-refundable*, however you can make unlimited changes to your chosen tour up to 60 days before your arrival, including changing your tour dates and changing tour participants.

60 – 31 Days Before Departure

For cancelled bookings between 60 and 31 days before departure, 30% of the total trek value is forfeited*.

Within 30 Days of Departure

For cancelled bookings within 30 days of departure, 100% of the total trek value is forfeited*.

*These cancellation terms do not apply to return flights that Himalayan Circuit may have booked on your behalf. We'll refund any payments for flights in accordance with the airline's terms and conditions. Flight refund policies vary by airline and ticket type.

These cancellation fees are not negotiable, therefore we strongly recommend that you purchase travel insurance.

ITINERARY CHANGES

All of our itineraries are flexible and subject to change, at the operators discretion, due to; force majeure*, weather conditions, trail conditions, trail repairs and maintenance, cultural observance and local customs, geological and seismic conditions, political conditions, access conditions, landslides, overall fitness and ability of participants and any other circumstances. We'll proceed with the planned itinerary until circumstances dictate that changes must be made. We take the safety of our groups very seriously and we reserve the right to proceed only under safe conditions. We will make every effort to notify you of changes to the itinerary in advance, however, under some conditions advanced notice may not be possible. Himalayan Circuit will not be responsible for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from an itinerary change.

OPERATOR CANCELLATIONS

The Operator reserves the right to alter, amend or cancel any trip should weather or any other circumstance necessitate this. Once the trek has departed from your pick-up location no portion of the package payment is refundable in the event of an individual or group being unable to proceed further on the trail, for whatever reason.

FORCE MAJEURE

In these terms and conditions, a reference to force majeure means any of the following: an event caused by war, government action, strike, lockout, other industrial disturbance or labour difficulty, variation in customs duties, act of God, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lightning, storm, flood, fire, earthquake, explosion, embargo, pandemic, substitution of goods, shortage of supplies, increased shipping or other freight charges, premium on overseas funds, unavailability of or disruption to communication networks, infrastructure or services, unavoidable accident, lack of transportation, or anything done by or to a person, government or other competent authority, except the party relying on force majeure.

CHANGES TO TERMS AND CONDITIONS

The Operator reserves the right to change these Terms and Conditions at any time without notifying customers. Any future bookings you may make will be made subject to the Terms and Conditions which apply at the time a booking is made and you are advised to read all the Terms and Conditions carefully on each occasion prior to making a booking.

RISK DISCLOSURE STATEMENT

In any adventure activity, there is an element of risk involved. Risks in undertaking this activity include (but are not limited to): altitude sickness, hypothermia, heat exhaustion, physical injury caused by environment i.e. rock falls, avalanches, and physical injury caused by self i.e. falling over. The Himalayan region is subject to unpredictable weather conditions, and natural disasters can happen at any time. Early warning systems are in place where available, however events can occur without any warning. The staff and management of Himalayan Circuit Ltd take all practicable steps to identify and minimise potential dangers. The Operator makes all arrangements for Himalayan Circuit multi-day guided treks on the condition that it shall not be liable for any sickness, injury, damage, loss, accident, delay or irregularity which may be occasioned, either directly or indirectly, by reason of any defect in any vehicle, vessel or aircraft, by weather, force majeure (see related paragraph above), or by any other cause, or through acts of default of a company or person engaged in conveying the passengers, or in carrying out arrangements for these activities. We strongly recommend that you purchase travel insurance prior to your trip.

By participating in this activity, you are expressly assuming those risks and responsibilities and are, to the maximum extent permitted by law releasing the Operator, its officers, employees, directors, agents and any other person associated with us, from any liability, claims, loss, damages or expenses (whatsoever and irrespective of whether direct, indirect or consequential) caused by any event including but not limited to: personal injury or death; property loss or damage; acts which may be construed as negligible or accidental; any other loss, damage, suffering, emotional or nervous disorder suffered by you or any other person in relation to this activity. You accept that you have been advised to obtain adequate travel insurance for all persons named on the booking.

In participating in the activity, the customer agrees to be bound by the following conditions:

My successors, executors and administrators are bound by the Terms and Conditions;

I agree not to commence any litigation proceedings in any country in relation to the risks and liabilities set out above and to indemnify the Operator against any claims;

I confirm and warrant I am physically fit and suffer no medical conditions, which may affect my ability to participate in the activity;

I confirm I am aware that professional medical assistance may be difficult and/or take some time to access due to the remote areas in which we are travelling;

I consent to receive medical treatment in the case of injury, accident or illness during the activity and to indemnify the Operator against any claims, costs or expenses in respect of the treatment;

I agree that any film, sound, video or other recordings taken of or during the activity will not be used in any production, or advertising without prior consent of the Operator, however the Operator may use such recordings itself at its complete discretion without any prior approval; and

I agree to listen to my driver/guide/host, follow their instructions and make sure any children in my care do the same.

Furthermore, the Operator will not be responsible for any personal injury and/or property damage caused by you and any costs for such injury/damage will be your responsibility. You shall indemnify the Operator in relation to such costs.

GOVERNING LAW

This website and all component parts, including these Terms and Conditions are governed exclusively by the laws of Nepal and you agree to submit to the exclusive jurisdiction of the Courts of Nepal.

WEBSITE TERMS AND CONDITIONS

Himalayan Circuit provides the www.himalayancircuit.com.au website as a service to the public and website owners.

Himalayan Circuit is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.

Although the Himalayan Circuit website may include links providing direct access to other internet resources, including web sites, Himalayan Circuit is not responsible for the accuracy or content of information contained in these sites.

Links from Himalayan Circuit to third-party sites do not constitute an endorsement by Himalayan Circuit of the parties or their products and services. The appearance on the website of advertisements and product or service information does not constitute an endorsement by Himalayan Circuit, and Himalayan Circuit has not investigated the claims made by any advertiser.

Product information is based solely on material received from supplier.