TERMS & CONDITIONS for services provided by Himalayan Encounters

By agreeing to use the services of Himalayan Encounters I/we (known here as the client/s) will be agreeing to the following Terms and Conditions:

1)  General:

a)   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.
b)   The tour price will have been mutually agreed prior  to the commencement of the services to be provided. 
c)   Payment will have been made in full as will have been mutually agreed prior to the commencement of the services to be provided.

2) Payment :

a)  Once services and price have been agreed and a booking is to be secured then a deposit remittance is required. 
b)  The deposit remittance can be made in any one of three currencies (US$,  £ Sterling, € Euros.) 
c)  The deposit sum required is to be a multiple of 50 ($/£/€) nearest to 30% of the total price of the services.
d)  The deposit payment is to be made by remittance to the bank account in Nepal supplied by Himalayan Encounters or by the Client/s authorisation for Credit/Debit Card payment.
e)  The balance (full payment) of the cost of the services to be provided is to be paid by the client/s in Kathmandu on arrival (or, with prior agreement, in Pokhara).

3)  Price Guarantee:

Once the deposit has been paid, the price of services agreed is guaranteed.

4)  Cancellation/Curtailment/Postponement:

a)  The deposit is non-refundable except owing to cancellation by Himalayan Encounters.
b)  In the event of cancellation by Himalayan Encounters not more and not less than the full amount of the deposit paid is to be refunded. 
c)  Only in exceptional circumstances might the deposit, or a part of the deposit, be refunded on a ‘good-will’ basis.  Under no other circumstances will the original deposit be refunded. 
d)  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.  
e)  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.
f)  In the event of postponement by a client/s once the deposit has been paid, 50% of the deposit paid can be reallocated to a subsequent date (fixed or unfixed) within a 12 month period from the date of postponement advice.  In this case prices are subject to review.

5)  Travel Insurance & Emergency Details:

As strongly recommended by Himalayan Encounters, the client/s agrees to effect what they consider to be adequate Travel Insurance to cover their person and their personal effects for the duration of the tour(s).

The client/s must be satisfied that this insurance will fully meet personal requirements.

i)  A photo-copy of the client/s’ travel insurance will be provided to Himalayan Encounters by the client/s upon arrival in Nepal.
ii)  The client/s’ emergency details (ie, next of kin) will also be provided.

6)   Legal Compliance: 

The client/s agrees to comply with all legislation, visas, immigration, customs and foreign exchange regulations; should there be any contravention by the client/s of the laws of Nepal, Himalayan Encounters shall have the right to require the client/s to leave the tour without recourse to refund.

7)  Dispute/Claim Resolution:

a)  In the event of a claim against Himalayan Encounters by the client/s the cause and the degree of the claim must be brought to the attention of Himalayan Encounters’ management at the first possible opportunity. 
b)  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. 
c)  In the event of issues unable to be settled in this timeframe then at lest an agreed route for terms and criteria of settlement should be agreed and recorded. 
d)  In the last resort matters are subject to Nepalese Law with jurisdiction in Nepal.

8)  Contractual Commitment:

Both the client/s and Himalayan Encounters 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.

Client/s Assumption of Risk and Guarantee:

The client/s is aware that the mountain trek or expedition, whitewater rafting trip, jungle tour or any other journey or vacation under the arrangements of Himalayan Encounters Pvt Ltd and its subsidiaries, associates or agents, involves certain risks and dangers.  These include but are not limited to:

1)  Travelling in mountain terrain, on rivers and in forest and jungle.
2)  Travel by aircraft, car, coach, jeep, boat, canoe, raft, automobile, elephant, donkey, bicycle, or any other means of conveyance.
3)  Accidents or illness in remote regions with little or no medical facilities and/or without means of speedy communication and/or evacuation.
4)  Accidents caused by the forces of nature.
5)  Changes in itinerary due to reasons beyond the control of Himalayan Encounters.

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 Encounters 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 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.

Himalayan Encounters Pvt Ltd
PO Box 21218
Thamel, Kathmandu, NEPAL
Tel:  977-1-4700426, Fax: 977-1-4700354
Email:  info@himalayanencounters.com
Government Registration No. 11080