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Contract conditions

 

The contract conditions between each traveller, group of travellers or travel agency (hereinafter “client/s”) and the trek and travel agency Plan Himalaya Pvt. Ltd. (hereinafter “Plan Himalaya”) with Tourism License number 1454 and Company Registration number 94196/068/069, sited at Tokha Road 8, Gongabu, Kathmandu, Nepal, are governed by the following:

1- Formalization of the contract

Once the itinerary and final format of the trip have been agreed upon between the clients and Plan Himalaya, the trip will be deemed to be accepted by both parties and legally contracted as follows:

    • Once clients confirm their acceptance of the travel itinerary described in the document via email, WhatsApp, or any other written means, Plan Himalaya will resend this itinerary with the status “confirmed” on the document. From this moment on, the trip is accepted, and the clients and Plan Himalaya are under contract. Plan Himalaya is committed to carrying out this trip as long as the required payments are made in accordance with point 2.

2- Payment for the trip

For individual travellers:

    • An advance payment via bank transfer of 40% of the total trip value as a confirmed booking.
    • A payment of the remaining 60% in cash upon arrival at the destination and before the trip begins.

For travel agencies:

    • An advance payment via bank transfer of the total trip value approximately 45 days before the trip begins.

These terms are standard; however, both percentages, payment periods, and payment methods may be agreed upon differently by both parties on a case-by-case basis.

The prices published by Plan Himalaya are in US$. The best option is to pay in that currency, but if the client wish to pay in another currency, may request it, and Plan Himalaya will convert it according to official exchange rates. The price in the new currency must be approved by the client.

3- Price of the trip

The total trip price per person is stipulated in the final travel document accepted by both parties.

In the event that, due to extraordinary circumstances, significant changes are anticipated in the costs, rates, fees, or taxes of any of the elements included in a given trip, Plan Himalaya reserves the right to revise the given price. In the event of a significant change in the final price, Plan Himalaya will notify the client 35 days prior to the start of the trip.

If the client does not accept this price increase, they have the right to cancel the contract and notify Plan Himalaya within 72 hours of receiving such notification. In such a case, Plan Himalaya will refund the amounts paid in accordance with the cancellation policy stipulated for cancellations made before 30 days of the start of the trip.

Prices are valid for one year from the date the trip is originally scheduled.

4- Modification of the travel program

The client may modify any detail of the trip, even after confirmation. Plan Himalaya will do everything possible to make the requested modification if possible or recommend a better alternative.

If, as expected, the modifications imply a change in the final price of the trip, the client will be notified and must accept it. In this case, a new travel document will be issued, which will cancel any previously dated travel document.

All travel conditions may be altered by conditions beyond the control of Plan Himalaya, especially weather conditions that may alter routes and flights. See points 8 and 9.

If, within a trip already underway, one or more members of a group decide not to follow the program stipulated in the contracted itinerary, it is understood that they are not under Plan Himalaya’s responsibility during their absence.

5- Cancellation

Customers have the right to cancel a trip once it has been booked and the initial payment has been made. Refunds of payments made will be issued according to the following cancellation policy:

NOTE: Reservations already made by Plan Himalaya to third-party providers such as airlines, hotels, etc. may be subject to the specific cancellation policies of each provider.

1.      Cancellation for the entire trip or trek:

a.      Cancellation made more than 31 days prior to the start of the trip: 100% of the amount paid will be refunded, minus a fee of US$70 per traveller as working fee and bank transfers.

b.      Cancellation made between 30 and 8 days prior to the start of the trip: 50% of the amount paid will be refunded.

c.      Cancellation made between 7 days prior to the start of the trip or during the trip: no refund will be issued.

2.      Cancellation policy in case of cancellation of a portion of the group:

a.      The total “per person” price varies depending on the number of people in the group. If, on a trip consisting of a group of travellers, one or some members of that group cancels their participation, the “per person” price for the members who do travel will vary. Each case will need to be studied individually, both in terms of the new price per person and the amount that can be reimbursed for cancelled members.

6- Transfer of traveller’s place

In the event that a traveller is unable to participate in the trip, they may transfer their place to a person who meets all the requirements. The transfer must be communicated in writing to Plan Himalaya as soon as possible. This transfer will not incur any change in the price as long as the conditions of the place remain unchanged, especially with regard to accommodations.

7- Accommodation

Prices are based on the accommodation detailed in the plan on a double room basis with breakfast unless otherwise stated.

Plan Himalaya books all accommodations in advance (except for lodges and tea houses during treks) and reconfirms them just before and during the trip. If, due to circumstances beyond Plan Himalaya’s control, accommodation at the aforementioned establishment is not possible, a similar accommodation will be offered at no additional cost.

8- Conditions of the trip

The Plan Himalaya website publishes comprehensive information regarding destinations, their characteristics, road infrastructure, accommodations, transportation, climate, prices, and a range of travel tips and information. Plan Himalaya encourages travellers to read this information; however, it is not legally binding.

Likewise, the traveller has been informed of the specific characteristics of the contracted trip and should always be aware that in the terrain in which we operate, such as the Himalayas and the area countries, weather conditions may affect the provision of services under the contracted terms and the possibility of the itinerary being altered, either due to the impossibility of carrying out a transfer or program activity, or to ensure the traveller’s safety.

The traveller or the travel agency understands this information and understands that the contracted route and services may be affected by the reasons of force majeure stated above.

9- Failure to comply with services

Plan Himalaya is responsible for the proper execution of all services according to the travel program.

    • In the event that a service cannot be performed according to the planned schedule or under the expected conditions due to a problem for which Plan Himalaya is responsible, Plan Himalaya undertakes to resolve said problem in the most satisfactory manner possible and in agreement with the clients, without incurring additional costs.
    • In the event that, due to adverse weather conditions, earthquakes, infrastructure problems, strikes, armed conflict, or any other serious and unavoidable force majeure situation, and for which Plan Himalaya is not responsible, a service cannot be performed according to the planned schedule or under the expected conditions, Plan Himalaya undertakes to resolve said problem in the most satisfactory manner possible and always in agreement with the clients, taking into account that any extraordinary costs must be borne by the clients.

10- Required Documentation

Plan Himalaya is an inbound agency located in Nepal and cannot be held responsible for international travel from the travellers’ point of origin to the first point of contact described in the corresponding program. Clients are responsible for ensuring that all necessary documents (passport, visa, etc.) are in order and valid for the trip. Special care is taken with the documents of children and minors.

In the event that entry into the country is denied or a significant delay occurs due to missing or improper documents, Plan Himalaya may attempt to provide assistance to the traveller, but will in no case be held responsible for this problem, and the client will be responsible for any additional costs that may be incurred.

For international trips made within a Plan Himalaya itinerary (usually Bhutan and Tibet), Plan Himalaya will verify that all documentation is correct and valid.

Plan Himalaya offers comprehensive and up-to-date information on the documents and requirements for each destination. However, this information is not legally binding, and travellers are advised to check the relevant official information, either on official websites or at the respective consulates.

11- Flights

As specified in point 10, Plan Himalaya does not arrange international flights for travellers from their point of origin and return. However, it may occasionally offer assistance in purchasing flight tickets online if the traveller has difficulty obtaining them.

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

12- 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.

IMPORTANT: 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.

13- Disagreement and the legal authority

If, in the event of any eventuality, an agreement cannot be reached between the client and Plan Himalaya, as Plan Himalaya is a Nepalese company, the competent authority for resolving the dispute is the Nepalese Justice Administration.

NOTE: Some trips may have special conditions

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. In case of a deep discrepancy, you can contact the office in Kathmandu to resolve and reach a consensus on any issue on the ground and 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.