Terms and conditions

 BOOKING CONDITIONS

Trek DMC is a part of Expedition Adventures Limited a company registered in the UK with company number 7149227.

This contract lays out what you agree when you make a booking with Trek DMC.

YOUR TRIP CONTRACT
Below are the details of the terms and conditions of the booking agreement. Please read them carefully. When you confirm a booking and we accept it, a legally binding contract is made. When you sign a booking form, you (and any other person on whose behalf you book) agree to accept all of these conditions and you acknowledge that you have read our Terms and Conditions. You also warrant that the information given by you on the booking form is complete and true. This contract is made on the terms of these booking conditions. Any disputes arising from this contract are to be decided by the English courts

OUR COMMITMENT TO YOU

1. Your trip price

You will be advised of the current price of the trip that you wish to book before your contract is confirmed. The price quoted is only valid for 30 days until your booking is confirmed. Your booking is not confirmed until we have received your deposit. We will not seek to vary this price except for reasons of “Price Force Majeure” once you have paid your deposit.

“Price Force Majeure” will occur if there is an increase in the costs we have to pay to operate your trips as a result of a change enforced on us, over which we have no control, by the relevant park or tourist authorities in the country in which your trek operates. This might include an increase in the fees to enter the park or changes in mandatory payments for porters wages etc. If a Price Force Majeure event occurs the additional cost will be added to the trip cost as a surcharge. If you do not wish to proceed with the trip you will be entitled to cancel with a full refund. If the surcharge is not paid before the date of your arrival in the country we reserve the right to cancel your trip and cancellation charges will apply

a) When you make your booking you must pay a non-returnable deposit of 20% of the total trip cost or such lower amount as we may, from time to time agree. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. In the case of non-payment of the balance by the due date, we reserve the right to cancel your booking and cancellation charges will apply.

b) No discounts for unused services will be given if, at the time of booking or prior to departure, you choose not to take any part of your planned Itinerary.

2. Trip changes

It is in the nature of a trip of this kind that arrangements and participants have to be flexible. While we use all reasonable endeavours to ensure a trip runs according to your itinerary, the day-to-day agenda and ultimate goal of the trip are taken as aims and not as contractual obligations. It is a necessary condition of your joining any of our trips that you accept this flexibility. Occasionally, we may have to make changes and we reserve the right to do so at any time.

If, for a reason outside of our control, we have to cut short your trip, no refund or compensation will be made for any unused hotel accommodation, hire equipment, air tickets or any other unused service or feature of the trip. In particular, we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure. In these circumstances you will be responsible for any additional costs that you might incur whether for additional hotel accommodation or changes to flights.

3. Delays on internal flights

Please note adverse weather conditions at internal airports may occasionally mean that internal flights cannot operate. This could mean that the start of your trek or climb is delayed. For this reason we strongly recommend that you ensure your overall itinerary has some flexibility to accommodate a delay. We accept no responsibility for additional costs you might

incur as a result of such delays and no compensation will be made for any unused part of your trip. In particular, if the delay is at the beginning of a trek we will do everything possible to ensure you are still able to complete your trek or to provide an alternative trek if you would prefer this option, but any additional hotel costs incurred while waiting for a flight will be your responsibility.

If the delay is at the end of a trek you may incur additional costs for lodge accommodation which will be your responsibility. You may also be unable to use hotel accommodation booked at your destination and no compensation will be paid for this. It is possible that if the delays persist that this will affect your onward travel arrangements. While we will do everything to help with any problems you might have we cannot be held responsible for you missing onward travel arrangements. We would recommend that your onward travel arrangements therefore have some flexibility to accommodate changes caused by a delay.

4. Cancellation

We will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure, inadequate insurance cover or failure by you to pay the final balance. Note that we cannot be held responsible for any non-refundable costs you incur through booking your own flights or otherwise should we be forced to cancel your trip.

If we cancel your travel arrangements for reasons other than the above, we will offer you compensation as set out in the table below. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us; if available (we will refund any price difference if the alternative is of lower value). For cancellation for any other reason than force majeure we will pay compensation as below, in addition to the deposit or part cost paid prior to cancellation.

  • More than 56 days Nil
  • 56-15 days £20
  • 14-0 days £30

 

5. In-country assistance

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

6. Optional activities

Optional activities, excursions or other tours that you may choose to book or pay for whilst you are on trip are not part of your trip provided by us. For any optional activity, excursion, or other tour that you book, your contract will be with the operator of the activity, excursion or tour and not with us. We are not responsible for the provision of the activity, excursion or tour, or for anything that happens during the course of its provision by the operator.

7. Data protection

We take full responsibility for ensuring that proper security measures are in place to protect your information. When you make a booking, you consent to all the information you provide being passed on to our suppliers, wherever they may be based. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law.

8. Lost or delayed luggage

Occasionally luggage is lost or delayed by an airline and this can cause a major problem for a planned climb or trek. You are advised to travel in walking boots and carry essentials in your carry-on luggage. If luggage is delayed we will do everything to help, however, all additional out-of-pocket costs have to be paid locally and should be charged back to your airline or your insurers. This includes the cost of taxis for shopping and/or collecting items from the airport.

9. Our liability

Most of our expeditions involve going to high-altitude and carry an inherent risk of altitude illness. Similarly, most trips visit remote locations or poorly developed regions where infrastructure is limited. In such places, the risks to health are increased and the ability to treat injury or illness effectively is reduced. Additionally, anything that involves crossing glaciated terrain or snow-bound passes, are hazardous activities with a risk of serious injury or death. By signing these booking conditions you acknowledge these hazards and your acceptance of the associated risks.

The Company will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the trip and where the failure is unforeseeable or unavoidable; an event of force majeure or any other unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or its suppliers, even with all due care, could not foresee or forestall. The Company shall not be liable for any illness, injury or death sustained on any trip, except where such illness, injury or death is directly caused by the negligence of the Company or its employees, nor will the Company be liable for any uninsured loss of personal property. All baggage and personal effects are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property unless directly caused by us or one of our employees. You are advised to check the limitations of your insurance policy in this respect.

Subject to the above, the Company’s liability in tort (including negligence), breach of contract or otherwise, shall be limited to three times the price payable for an individual’s participation. The Company’s liability will also be limited in accordance with and/or in an identical manner to any relevant international Convention (for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation) which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. You can ask for copies of these international conventions from either company at its registered office.

YOUR COMMITMENT TO US

1. Payment

When you make your booking you must pay a non-refundable deposit of 20% of the total cost per person for the climb. We advise that you book any extensions, extra services or additional accommodation at the time you make your initial trip booking. Payment can be made by bank transfer or by cheque. If payment by card is required this is possible but the bank charges us 1.5% and this will be added onto the invoiced amount for payment. If payment is from an overseas bank account all charges must be paid by the transferor.

2. Group volume discounts on private trips

Discounted prices quoted on a booking are related to numbers within the group. If the group size is subsequently reduced the price quoted will be changed to reflect this. All groups must travel together and transfers will be for the group as a whole.

3. Group co-ordinator discounts on private trips

The Group Co-ordinator discount is subject to:

  • All administration for the group including payments must be dealt with by a single co-ordinator
  • All groups must travel together and transfers to and from the mountain will be for the group as a whole

4. If you change your booking

While we normally make changes to a booking for no charge we reserve the right to charge an administration fee of £50, plus any further costs incurred. Any request for changes must be made by email by the person who made the booking. You should be aware that costs incurred in changing a booking could increase the closer to the departure date they are made and you should therefore contact us as soon as possible.

5. If you wish to cancel your holiday

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Cancellation charges as shown below will be applicable.

  • More than 56 days: Deposit and non-recoverable permit or park fee costs
  • 56 – 30 days: 50% of total trip cost and non-recoverable permit or park fee costs
  • Less than 30 days: 100% of total trip cost including all permit or park fee costs

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

6. Lead Guide authority

Signing our booking form signifies your agreement to abide by the authority of the Lead Guide, who represents The Trek Destination Management Company Limited. The decision of the Lead Guide as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the Lead Guide, your behaviour or physical condition is detrimental to the safety, welfare of you or any member of your party (which are the paramount considerations), or if the Lead Guide considers your general well-being will be put at risk by continuing with the trip, you may be asked to leave the tour without the right to any refund for unused services.

7. Your responsibilities

Risks and hazards

Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure trips and that you are mentally and physically capable of undertaking your chosen trip.

Medical conditions

You must tell us if you have an existing medical condition or disability that might affect your trip or any of your party’s members’ enjoyment of it, before you book your trip. If there is any doubt about whether your chosen expedition is suitable for your medical condition or disability you must seek medical advice to confirm that the trip is appropriate for your condition. As a term of your booking you warrant to us that you have informed us of all medical conditions that might affect your trip and that where you have a medical condition you have obtained where relevant medical advice confirming you are safe to join the trip.

Proper equipment

You are responsible for bringing with you the proper clothing and equipment, which we advise you about on our website. If you need to hire any equipment you should notify us at the time of booking. If our Lead Guide does not believe you have proper equipment you must follow his advice to hire or buy the items required locally. Clients will not be allowed to start a climb/trek unless they have proper equipment and in this event no refunds or compensation will be paid.

Passports, visas, and immigration requirements

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

Travel and cancellation insurance

To take part in one of our trips you must be covered by adequate insurance for the complete duration of your trip. Your insurance must include cover for trekking to 6000m (or 6500m if peak climbing in Nepal), medical expenses, injury, death, cost of repatriation and evacuation via whatever means necessary including by helicopter/air ambulance. If, in the event of an emergency medical rescue or evacuation from a trip, either by foot, helicopter or otherwise, the responsibility for the payment of such costs will lie with you, the client. Any subsequent costs incurred for expenses such as hotels, food, transport etc. shall be borne by you, the client. The Trek Destination Management Company Limited, reserve the right to cancel your booking at any time if you have not provided proof that adequate insurance cover is in place.

8. Changes to the itinerary

If you are unable, or choose not to complete an itinerary outlined for a trip, The Trek Destination Management Company Limited are not liable to supply alternative itineraries, excursions, accommodations, services or staff that may result from the change. We allow you the flexibility to decide during a trip if you would like to alter your plans but no refunds are issued for shortened trips and no additional costs incurred will be reimbursed by us.

9. If you have a complaint

If you have a problem during your trip, you must inform your Lead Guide who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to our Customer Services Department, The Trek Destination Management Company Limited, The Old Schoolhouse, Dunstall, Staffordshire, DE13 8BH, United Kingdom, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly suggested that you communicate any complaint to your tour Lead Guide without delay and complete a report form whilst on the tour. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint during your trip and this may affect your rights under this contract.

10. Promotional images

Any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as brochures, website, slides, video shows and the internet.

 

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