Terms and Conditions | Climb Himalayas
1. Introduction
Welcome to Climb Himalayas Pvt. Ltd. (“Climb Himalayas”), your partner for unforgettable adventures in the mountains. These Terms and Conditions (“Terms”) govern your participation in our adventure activities, including but not limited to trekking, peak climbing, mountaineering expeditions, hiking tours, and other related services. Whether you’re trekking, climbing peaks, commencing on mountaineering expeditions, or enjoying other related services, these Terms and Conditions outline the rules and responsibilities for using our services and you acknowledge and agree to comply with these Terms. Please take a moment to read them carefully before finalizing your booking. If you have any questions or concerns, our team is here to assist you.
2. Release of Liability and Waiver Agreement
2.1 Acknowledgment of Risk
By participating in activities organized by Climb Himalayas, you recognize that trekking, peak climbing, and mountaineering are inherently risky. These risks may include, but are not limited to, physical injuries, rapid weather changes, high-altitude complications, and unexpected events. By agreeing to join, you confirm that you understand these risks and accept them knowingly and willingly.
2.2 Non-Exhaustive List of Risks
During our expeditions, participants may face various challenges and hazards, including:
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Physical injuries resulting from slips, falls, or other accidents during trekking or climbing.
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Traversing rugged and unstable terrain.
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Exposure to rockfalls, avalanches, and icefalls.
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Adverse health effects caused by exposure to extreme weather conditions, such as cold, heat, or wind including hypothermia, frostbite, dehydration, sunburn, heat exhaustion or heat stroke.
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High-altitude-related illnesses, including acute mountain sickness, and cerebral or pulmonary edema.
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Risks associated with technical climbing, such as equipment failure, rope mishaps, or improper use of climbing gear.
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Challenges posed by remote locations with limited or no immediate access to emergency assistance or medical care.
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Psychological stress or discomfort from prolonged exposure to high altitudes and harsh environments.
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Delays or changes in the itinerary due to weather conditions, natural disasters, or logistical challenges.
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Encounters with wildlife or bites from insects.
2.3 Assumption of Risk
Your decision to participate in our activities indicates that you voluntarily accept all associated risks. These risks may occur with or without the negligence of Climb Himalayas, its team, or its representatives. You acknowledge that you are fully aware of the potential dangers and willingly assume responsibility for any consequences arising from your participation.
2.4 Medical Examination
For the safety and well-being of all participants, a comprehensive medical examination is mandatory before joining the expedition. This examination must verify that you are physically and mentally capable of handling the challenges of high-altitude trekking and mountaineering. Climb Himalayas may request a medical certificate from a licensed healthcare professional as confirmation of your fitness to participate.
2.5 Responsibility for Rescue Costs
In the event of an emergency requiring rescue or evacuation, you are solely responsible for all related expenses. It is your responsibility to ensure these costs are anticipated and covered through a valid and comprehensive travel insurance policy. Climb Himalayas mandates securing such insurance to avoid unexpected financial burdens during your expedition.
2.6 Consent to Medical Treatment
In the event of an emergency, you provide your consent to receive any necessary medical treatment as deemed appropriate by expedition leaders or medical professionals. This consent acknowledges the importance of timely and suitable care to ensure your safety and well-being during the expedition.
2.7 Release, Waiver, and Indemnity
By choosing to participate in an expedition with Climb Himalayas, you agree to waive, release, and discharge Climb Himalayas, its staff, agents, and affiliates from any claims, liabilities, or damages that may arise during your involvement. This includes any losses or expenses connected to your participation, even in cases where negligence on the part of Climb Himalayas or its representatives may be a factor.
2.8 Insurance
All participants must secure comprehensive travel insurance before joining any activity with Climb Himalayas. The policy must cover various risks, including but not limited to personal injury, medical treatment, emergency evacuation, trip cancellations, and other unforeseen circumstances. The insurance must remain valid throughout the entire duration of your participation in the expedition or any of our chosen services.
2.9 Governing Law and Dispute Resolution
These Terms are governed by and will be interpreted under the laws of Nepal. In the event of any disputes arising from or in connection with the expedition, Climb Himalayas encourages an amicable resolution through open discussion and mutual understanding. Any disputes, claims, or legal issues arising from or related to these Terms or your participation in our activities will be exclusively resolved under the jurisdiction of the courts of Nepal.
3. Medical Certificate
All participants must submit a valid medical certificate confirming their fitness for high-altitude trekking and mountaineering. The certificate must be issued by a licensed healthcare professional and verify that you are physically and mentally prepared for the planned activities. If a satisfactory medical certificate is not provided, Climb Himalayas reserves the right to deny participation in the expedition for safety reasons.
4. Client Responsibilities
Participants are responsible for maintaining their physical and mental fitness to undertake the challenges of the expedition. You must follow all instructions, guidelines, and safety measures set by Climb Himalayas and adhere to local laws and regulations throughout the journey. It is essential to disclose any pre-existing medical conditions, disabilities, or allergies during the booking process to ensure proper planning and safety during the trip.
5. Contract Activation
The contract comes into effect once we send you a confirmation email. Booking applies to the trips listed on our website, including treks, climbs, and tours, which involve a complete package covering the itinerary, accommodation, meals, and overall experience. The trip package will provide you with an immersive journey, which is considered completed once the trip concludes. We will only be responsible for the services outlined on our official website. If you have any questions about the services included, please contact us directly.
6. Deposit Requirements
A deposit is required to secure your booking. This amount is non-refundable for all our itinerary packages. At the time of booking, you will need to pay a 10% of package cost as deposit. If you would like us to arrange your flights, you will also need to pay the corresponding flight fare. If you are booking within 30 days of the departure date, you will need to pay the full amount.
7. Final Payment
The balance payment must be made within 30 days before your trip’s departure date. Failure to do so will result in the cancellation of your booking.
Exceptions: In cases of emergencies, such as illness, you may be allowed to carry forward your deposit for a future trip, provided you submit valid medical documentation.
Only the individual whose name is on the booking is entitled to the trip. If the trip is rescheduled or postponed, any price changes (such as an increase in costs) will apply to your future booking. We are unable to substitute the package for a different, higher-value option.
8. Payment Methods
Payments can be made online using debit or credit cards. Alternatively, you may visit our office for payment.
If you have already paid in full, no discounts will be applied. However, due to fluctuations in airfare, fuel charges, and operational costs, you may need to pay the difference if the price increases after your initial payment.
If prices decrease (due to local charges or program cancellations), we will refund the difference, but only if the full balance has not yet been paid.
9. Cancellation Policy
9.1 By Client:
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To cancel your booking, you must notify us with valid proof for the reason for cancellation. The refund percentage will be based on the timing of the cancellation:
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If canceled more than 30 days before the departure, you will forfeit 20% of the cost.
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If canceled between 7 to 29 days prior to departure, 50% of the cost will be charged.
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If you fail to show up or do not inform us about your cancellation, you will lose the full amount.
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You can use your deposit for a future trip under exceptional circumstances, as outlined in Clause 3 (exceptions).
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There will be no refunds for unused services, such as accommodation or meals.
9.2 By Us (Climb Himalayas):
We reserve the right to cancel the trip before the contract is finalized. If we cancel due to unforeseen circumstances (such as natural disasters, political unrest, or adverse weather), you will receive a full refund.
10. Use of Personal Information
Climb Himalayas is committed to protecting your privacy and safeguarding your personal information. Any personal details collected during the booking process will only be used to deliver the services you have requested. We will not share your information with third parties without your explicit consent. Additionally, by participating in our expeditions or any other activities, you grant Climb Himalayas permission to use images or videos of you taken during the trip for promotional and marketing purposes, without any additional compensation.
11. Emergency Contact Information
As part of the booking process, participants must provide detailed emergency contact information, including the name, relationship, and contact details (phone number and email) of at least one person who can be reached in case of an emergency. This information is crucial for ensuring that we can promptly notify someone in the event of any health or safety issues during the expedition. The emergency contact details will be kept confidential and used exclusively for emergency purposes related to the trip. Participants are responsible for ensuring that the contact information provided is accurate and up to date.
12. Force Majeure
Climb Himalayas will not be held responsible for any failure to fulfill its obligations under these Terms if such failure is caused by events beyond its reasonable control. These events may include, but are not limited to, natural disasters, acts of war, civil unrest, pandemics, government actions, or any other circumstances that prevent or hinder the normal operation of the expedition. In such cases, Climb Himalayas reserves the right to modify, reschedule, or cancel the expedition without liability for any loss or damages incurred.
13. Equipment, Their Use and Responsibility
13.1 Equipment
The success and safety of your expedition are heavily reliant on the proper use and care of equipment. Climb Himalayas provides essential group equipment, including tents, ropes, and cooking gear, to ensure the smooth running of the expedition. However, participants are required to bring their gear, such as appropriate clothing, sleeping bags, and footwear, based on the detailed equipment list provided before departure. All personal gear must meet the specified requirements to ensure your comfort and safety during the expedition.
13.2 Equipment Use and Responsibility
Participants are responsible for the proper use, maintenance, and care of any equipment provided by Climb Himalayas during the expedition. This includes ensuring that the equipment is handled with care and returned in good condition. In the event of loss, theft, or damage to the equipment, the participant will be held financially responsible for the cost of replacement or repair. Climb Himalayas will provide details regarding the equipment provided and any associated responsibilities before the expedition begins.
14. Participant Code of Conduct and Environment Responsibility
14.1 Participant Code of Conduct
At Climb Himalayas, we believe that respecting local customs, cultures, and the environment is essential to creating a positive and enriching experience for everyone involved in our expeditions. Participants are expected to follow all conduct guidelines established by Climb Himalayas to ensure a safe and respectful environment for all. Any behavior that endangers the safety of yourself, fellow participants, or the expedition staff, including but not limited to disruptive actions, harassment, or disregard for safety protocols, may result in immediate termination of your participation in the expedition. Participants are expected to act responsibly and treat their fellow trekkers, staff, and local communities with respect and consideration. This includes being mindful of local traditions, customs, and environmental conservation practices. Disruptive behavior that affects the group dynamic, harms the environment, or shows disrespect to local cultures will not be tolerated. In such cases, the participant may be removed from the expedition and no refund will be provided, and you will be responsible for any additional costs incurred due to your removal from the expedition. We are dedicated to ensuring that all participants have a safe, enjoyable, and respectful experience.
14.2 Environmental Responsibility
Participants are required to adhere to environmental guidelines designed to minimize the impact on the natural surroundings. This includes following Leave No Trace principles, which emphasize reducing waste, avoiding damage to flora and fauna, and minimizing environmental disturbance. Participants must also ensure that waste is properly disposed of and that any materials brought into the environment are removed when leaving. Failure to comply with these environmental responsibilities may result in penalties, additional charges for waste removal, or removal from the expedition. Climb Himalayas is committed to promoting sustainable and responsible tourism, and participants are expected to contribute to this effort.
15. Health and Safety Protocols
Participants are required to adhere to all health and safety protocols established by Climb Himalayas, including any guidelines implemented in response to health crises, such as COVID-19 or other public health concerns. This may include, but is not limited to, health screenings, vaccination requirements, personal protective equipment (PPE) usage, and social distancing measures. These protocols are designed to protect both participants and staff and ensure the safe conduct of the expedition. Failure to comply with these protocols may result in exclusion from the expedition, and no refunds will be provided in such cases.
16. Complaints
If you encounter any issues or have concerns during the expedition, it is essential to report them to Climb Himalayas staff immediately. This will enable us to address and resolve the situation promptly to ensure your safety and satisfaction. Complaints raised after the conclusion of the expedition may not be considered, as it is important to resolve any matters while the trip is still ongoing. We are committed to ensuring a positive experience for all participants and will work to address any concerns in a timely manner.
17. Severability
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions will not be affected. All other terms and conditions will continue to remain in full force and effect, and the invalid provision will be modified to reflect the intent of the original provision, to the extent permitted by law.
18. Amendments to Terms
Climb Himalayas reserves the right to modify or update these Terms at any time. Any changes will be communicated to participants through email or other appropriate means. By continuing to participate in the expedition or using our services after such amendments are made, you acknowledge and accept the revised Terms. It is your responsibility to review the Terms periodically to stay informed of any updates.
19. Acceptance and Acknowledgement
By booking and participating in any expedition with Climb Himalayas, you confirm that you have read, understood, and agree to be bound by these Terms of Service. Your decision to proceed with the booking and participation signifies your acceptance of all terms and conditions outlined in this agreement. It is your responsibility to ensure that you fully understand the implications of these Terms before confirming your participation.
If you have any questions regarding these Terms, please contact Climb Himalayas for clarification. Thank you for choosing Climb Himalayas Pvt. Ltd. (“Climb Himalayas”) for your adventure needs.