Prior to making a booking, it is essential that you read and understand the terms and conditions of booking including itinerary, price range and inclusion/exclusions of the trip you are undertaking.
The Booking Conditions constitute the entire agreement between you and us.
By booking with us and paying the non-refundable deposit $340 per passenger for all trips and $240 per passenger for all add-ons, or full payment, you acknowledge that you have read and understood and that you agree to be bound by these booking Conditions.
Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email. The product or services to be provided by us are those referred to in your booking confirmation invoice.
If you have any queries regarding these Conditions or do not understand them, please raise your query with us.
Prices and validity
Prices are on twin share basis, and based on costs and exchange rates applicable at the time of product/service being offered.
sherpahike.com reserves the right to adjust tour prices without notice anytime before the departure date and regardless of whether or not you have already made full payment. We will do everything within our control not to adjust prices. Amendments may be necessitated for many reasons including, but not limited to exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators.
Any increase in tour prices must be paid prior to the departure date.
Things that are not included in your trip price:
International Airfares, domestic airfares/sightseeing/staffs/meal/accommodation which are not stated in the trip, airport taxes, travel insurance, medical expenses, passport and visa fees, excess baggage charges, gratuities to leaders and guides, extra meals, laundry, drinks, optional activities and trips, and any items of a personal nature, emergency evacuation and/or emergency search charges, additional expenses caused by Nepal band (closure due to strikes), by delay, accidents or disruption of planned itineraries are not included in your trip price.
Payment and Cancellation
The balance of the tour price is payable to sherpahike.com 60 days prior to departure. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.
If your booking is made within 60 days of the departure date then the full amount is payable at the time of booking.
Acceptance of your booking will be confirmed by us in writing. Please refer to your booking confirmation invoice for details regarding final payments.
Your trip and assumption of risk
The enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour.
The additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury. Compared with conventional holidays, the adventure travel and trekking holidays are more challenging and demanding with a commensurately higher level of risk and involve potential exposure to injury and possibly death.
sherpahike.com operates trips in South Asian regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home in your own country and may require flexibility and patience on your part.
You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in your daily lives. A Snap bandhs (strikes) can occur in Nepal which may make travel difficult and/or unsafe.
sherpahike.com makes an assessment of safety in the region for operating a trip based on information from its local agencies in conjunction with advices from government of different western countries. Such assessments are for its own decision. sherpahike.com publishes facts and figures, but does not publish any travel advice related to travellers safety. It is travellers responsibility to accustom yourself with the travel advice provided by the government bodies of your country of residence, before commencing the trip.
By booking with us you acknowledge that participation in all sherpahike.com trips involve inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a sherpahike.com trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife.
You acknowledges that you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the government your country of residence and that it is your responsibility to acquaint yourself that information or advice, for the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.
Exclusion of liability
If sherpahike.com is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, Nepal Band or other strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside our reasonable control, we will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or make necessary modifications.
Except where stated otherwise, sherpahike.com acts as agent for service providers when making arrangements for your trip. Where we provides services it will do so with due care and skill. sherpahike.com is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by sherpahike.com , any travel agent or other representative, which has not been stated expressly in this brochure.
We will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the sherpahike.com trip (including pre- and post accommodation) are entirely at your own risk and sherpahike.com cannot and does not give you any assurance, representation or warranty in connection with any such arrangements.
To the fullest extent permitted by law and subject to the exception set out below, sherpahike.com does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of sherpahike.com to comply with its obligations under this contract, or in respect of any other conduct that sherpahike.com undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release sherpahike.com and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against sherpahike.com or its Representatives as a result of your participation in any trip.
To the extent permitted by law, section 74 of the Trade Practices Act 1974 Commonwealth (as amended) does not apply to this contract. If section 74 of the Trade Practices Act 1974 does apply sherpahike.com’s liability is limited to resupplying the services or paying the costs of resupplying the services, whichever is the lesser. A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party. If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered. This condition and the following statutory warning apply if the booking is made in Victoria. Sections 32J and 32JA of the Fair Trading Act 1999 Victoria (as amended) (Fair Trading Act 1999) do not apply to this contract, being a contract for the supply of recreational services.
WARNING UNDER THE FAIR TRADING ACT 1999
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the in the Fair Trading (Recreational Services) Regulations 2004 Victoria. This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Victoria, in the case the booking is made in the state of Victoria, or NSW, in the case the booking is made elsewhere in Australia.
Cancellation by sherpahike.com
change the date of departure or conclusion of the tour, or modify any aspect of the tour, or cancel or modify any routes within the tour or objectives set out in the itinerary, or substitute different or equivalent routes within the tour in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of sherpahike.com, it is necessary to do so due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel a trip you may choose between us applying the amounts paid toward an alternative trip or receiving a full refund. We are not responsible for any incidental expenses that you may have incurred as a result of your booking such as visas, vaccinations or non-refundable flights.
sherpahike.com reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour in which case you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
sherpahike.com also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event, the same condition applies as if you had transferred or cancelled the tour at the date that sherpahike.com cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances. Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by sherpahike.com.
Cancellation by you
If you cancel a trip after making a booking you will lose some or all of the money you have paid for the trip. A cancellation will only be effective when we receive written confirmation of the cancellation. The date of the cancellation is the date on which we receive written notification. If you cancel a trip:
· 60 days or more prior to departure, we will retain the deposit;
· between 30 and 59 days prior to departure, we will retain the deposit or 50% of the total booking cost; whichever is greater, and
· less than 30 days prior to departure, we will retain 100% paid by you in connection with the booking.
Different fees may apply to airline tickets depending on the carrier being used. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation penalties in certain circumstances.
If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.
If you wish to change your booking in any way, the following fees will apply:
1. Transfer from one tour to another.
Amendment request received by sherpahike.com 60 days or more prior to the original tour departure date: $150 per person per trip will be levied and must be paid prior to any transfer being confirmed.
Amendment request received by sherpahike.com within 60 days prior to the original tour departure date: charges will apply as per cancellation fees.
2. Amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre- and post tour accommodation, transfers, etc), received by sherpahike.com within 60 days prior to tour departure date will be subject to a $100 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines.
3. No amendments are permitted to your booking within 10 days of departure.
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