Contract conditions

The contract conditions between each traveller or group of travellers and the treks and travel agency PLAN HIMALAYA Ltd. with Tourism License number 1454, Company Registration number 94196/068/069, sited at Gangabu 3, Tokha Road, Kathmandu, Nepal, is according to the following:

Formalization of the contract

Once the itinerary and the services in which the trip will take place have been agreed upon between the travellers and Plan Himalaya and it is described in their corresponding travel document, the trip will be legally contracted in the following way:

• As soon as the traveller receives from PLAN HIMALAYA the last and definitive pdf copy of the trip itinerary, the traveller must reply to this mail agreeing with this itinerary document. PLAN HIMALAYA will send this itinerary again with the status “confirmed” in the document. From this moment, the trip is accepted and PLAN HIMALAYA is under contract and committed to carrying out this trip.
• If the traveller prefers, he can sign the first page of the document where the title and the reference of the itinerary and the names of the travellers appear, scan it and send it by email to PLAN HIMALAYA. This will forward the document to the traveller after stamping it.

Booking confirmation

Likewise, the reservation of the trip is considered confirmed with the payment of 40% of the total cost of the trip. Usually, the last 60% of the total cost will be paid in cash on arrival in Kathmandu or destination. These conditions are the standard conditions. However, both percentages and payment periods can be agreed upon otherwise by both parties in each case.

Payment for the trip

The prices published by Plan Himalaya for international travellers are in US dollars. The most convenient option is to pay in US$. However, if the traveller wishes to pay in another currency, he/she can request it and Plan Himalaya will convert the price according to the official exchange rates in Nepal. The price in the new currency must be approved by the traveller.

Price of the trip

The price of the trip has been calculated based on transportation rates, cost of fuel or other energy sources, VAT, taxes, fees and tourist surcharges for landing and boarding at airports and the currency exchange rates applicable to the trip on the date of the request for services, which may vary. Himalaya Plan reserves the right to modify the price given, for any increase/reduction to the quoted price that may be revised and passed on to the traveller. If there is a significant change in the final price, Plan Himalaya will notify the traveller 21 days before the start of the trip.

If the traveller does not accept said price increase, they have the right to cancel the contract and notify Plan Himalaya within 48 hours of receiving such notification. Plan Himalaya will refund the amounts paid in this case according to the cancellation policy stipulated for cancellations made before 21 days of the trip’s start.

Prices are valid in the current year as indicated in the file name.

Cancellation

Travellers have the right to cancel a trip once it has been booked and the first payment has been made. Refunds will be made according to the following cancellation policy:

(NOTE: The amounts already paid or reservations already made by PLAN HIMALAYA to third party suppliers such as flight companies, hotels, etc. may not be fully returned depending on the conditions of each provider, although in most cases there is usually no problem)

1. Cancellation Policy for the full package:
2. Before 21 days of the start date, we will return 100% except for US$70 tax per traveller based on the work already done.
3. Within 20 to 8 days before the start date, we return 50% of the deposit.
4. From 7 days of starting date or during the trip no money is refunded.
5. Cancellation policy in case only part of the group cancels the trip.
6. The total amount “per person” of each trip varies depending on the number of people in the group. If on a trip made up of a group of travellers one member (or more) of the group cancels their participation, the price “per person” of the components that do travel varies. It will be necessary to study each case, both in terms of the updated price per person and the amount that can be reimbursed to the participant(s) that cancel.

Accommodation

Prices are based on the accommodation detailed in the plan on a double room basis with breakfast unless otherwise stated. As a general rule, all rooms have en-suite bathrooms, except in one of the monasteries or in the lodges/bhatis during treks.

All accommodation (except for lodges/bhatis during treks) is pre-booked and reconfirmed just before and during the trip, but in the unlikely event that it is not possible to stay in the establishment mentioned, accommodation of similar characteristics will be offered at no extra cost.

Conditions of the trip

The traveller has been informed of the characteristics of the trip and of the characteristics of the country of destination and its infrastructure regarding roads, accommodation, means of transport, and weather conditions that may condition the provision of services in the contracted terms and the possibility that the itinerary is altered due to the weather, in order to guarantee the safety of the traveller.

Having understood this information, the traveller expressly accepts the possibility that the route and contracted services may be modified due to the reasons stated above.

Failure to comply with services

PLAN HIMALAYA is responsible for the correct execution of all services in accordance with the travel program.

• If any service cannot be performed according to the plan or under the planned conditions and the problem is Plan Himalaya’s responsibility, Plan Himalaya will address the problem in the most satisfactory way possible and in agreement with the travellers, without adding any additional costs to the travellers.
• In case of adverse weather conditions, earthquakes, infrastructure problems, strikes, situations of armed conflict, or any other situation of force majeure, serious and unavoidable, and which is not the responsibility of Plan Himalaya, Plan Himalaya undertakes to solve said problem in the most satisfactory way possible and in agreement with the travellers, considering that if there were extraordinary costs, these must be borne by the travellers.

Required Documentation

Plan Himalaya is an in-bound agency located in Nepal and Sikkim. Therefore, Plan Himalaya cannot be held responsible for international travel from the traveller’s point of origin to the first point of contact described in the corresponding program. Therefore, the traveller is responsible and must check that they have all the necessary documents (passport, visa, etc.), that they are in order and valid for said trip. Children and minors’ documents deserve special care.

Should a traveller be denied entry into the country or face a delay due to a lack of documents, Plan Himalaya may assist the traveller. As a result, Plan Himalaya will not be held responsible and the traveller must shoulder the added costs.

For international travel inside a specific itinerary (normally Bhutan and Tibet), Plan Himalaya will verify that all documentation is correct and valid.

Plan Himalaya offers quite exhaustive and up-to-date information on the documents and requirements necessary for each destination. While this information is not legally binding, it is recommended that travellers review pertinent information, either on official websites or at consulates.

Flights

Plan Himalaya does not arrange international flights for travellers from their point of origin and return. However, it may occasionally help in purchasing flight tickets online if the traveller has problems obtaining them.

Plan Himalaya does arrange airline tickets for domestic flights and for international flights within the travel plan to Sikkim, Bhutan and Tibet.

Travel insurance

Plan Himalaya recommends that travellers take out travel insurance in their country of origin that includes medical assistance, repatriation, cancellation of services, etc. according to the choice and need of each traveller.

In the case that the trip includes a trek through mountainous areas of the Himalayas, Plan Himalaya considers for most itineraries the obligation of insurance that includes mountain rescue, including helicopter rescue up to an altitude of 5,500 meters (depending on the itinerary). If necessary, Plan Himalaya will make contact with the insurance company and provide any assistance required to ensure the traveller receives proper care, while understanding that this may incur a cost that must be borne by the traveller. Plan Himalaya undertakes to provide all the necessary documentation required by the corresponding insurance company.

Plan Himalaya will require from its travellers the insurance policy numbers and the corresponding contact telephone numbers in order to expedite the procedures, if necessary. This is either for voluntary travel insurance or mandatory rescue insurance.

In the case that the traveller does not obtain any travel assistance insurance, decides to dispense with the mountain rescue insurance or these are not valid for any reason, the traveller is solely responsible for any eventuality and discharges Plan Himalaya from any responsibility in case of need for assistance.

Change of one or more travellers

In the case that a traveller cannot make the trip, he may assign his place on it to a person who meets all the conditions required for it. The assignment must be communicated in writing to Plan Himalaya as soon as possible. As long as the conditions of the place do not change, especially the accommodation regime, there will be no change in the price.

Disagreement and the legal authority

The Administration of Justice of Nepal is the competent authority for the resolution of conflicts if there is no agreement between the traveller and Plan Himalaya.

NOTE about the mountain guides decisions: During a trek, the guides always strive to make sure that the trek is safe and comfortable, and that permits and routes are legal. It’s wise to follow their decisions. While they can be discussed, the guide has the final word based on what he values in a given situation. It never happened before and we expect it won’t happen, but in case of a deep discrepancy, you can contact the office in Kathmandu to resolve any issue on the ground. We will try to find the optimal solution in each case.

In any case, if the client fails to follow the guidelines of the guide, the contract is considered broken and the agency is thus no longer responsible for any eventuality that may arise.

NOTE about the weight loaded by the porters: In our treks, the load limit that each hiker can pass on to the porter is 10Kg per person. We take this limitation very seriously in order to provide decent working conditions for our staff, who are finally working for you. If we realise that this limit of 10kg per person has been exceeded, we will either ask you to carry the stuff you have left or leave it in the hotel with what you have already left there.