TERMS AND CONDITIONS

1. Contract 

Your contract is with Himalayan Guiding Australia. The person making the booking (the “Lead Booker”) is responsible for all payments and communications and accepts these Terms on behalf of all persons named in the booking.

2. Group Environment & Conduct

We operate small group treks where a respectful, supportive, and harmonious group environment is essential. All participants agree to follow reasonable instructions from the trip leader and to behave in a courteous and considerate manner. Disruptive, aggressive, unsafe, disrespectful, or inconsiderate behaviour will not be tolerated and may result in removal from the trek without refund.

3. Right to Refuse or Remove Participants

Himalayan Guiding Australia reserves the absolute right to refuse any booking or to remove any participant from a trek (before or during the trip) if, in our reasonable opinion or that of the trip leader, the participant’s behaviour, fitness, health, attitude, or conduct is likely to endanger the safety or wellbeing of themselves or others, or negatively affect the positive group experience. In such circumstances, no refund will be given.

4. Health, Fitness & Medical Disclosure

Participants must be in good physical and mental health and possess a sufficient level of fitness for the trek. You must disclose all relevant medical conditions, injuries, medications, or allergies. We reserve the right to require a medical certificate and to refuse participation if we believe you are not fit enough.

Medical Disclosure You warrant that you have disclosed to us every matter concerning your health and fitness that is relevant to your participation. You must notify us immediately of any change in your health between booking and departure.

5. Assumption of Risk

You acknowledge and agree that:

By the very nature of adventure travel and trekking in the Himalayas, these trips are more challenging and demanding than conventional holidays and involve potential exposure to injury and possibly death.

Standards of accommodation, transport, healthcare, hygiene, and safety in Nepal may be lower than those in Australia.

Additional dangers include difficult and dangerous terrain, high altitude, extreme weather, political instability, remoteness from medical services, and evacuation difficulties.

You have submitted your booking after due consideration of relevant travel advice from the Australian Government (Smartraveller) and other sources.

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.

6. Exclusion of Liability

To the fullest extent permitted by law, Himalayan Guiding Australia and its representatives are not liable for any loss, damage, injury, or death arising from your participation in the trek, except where caused by our gross negligence or reckless conduct.

7. Exclusion of Liability under Australian Consumer Law (ACL)

Under section 139A of the Competition and Consumer Act 2010 (Cth), we exclude the statutory guarantees under the Australian Consumer Law for recreational services to the maximum extent permitted. This exclusion applies to liability for death, physical or mental injury, contraction or aggravation of disease, or any harmful condition, except where caused by reckless conduct.

8. Release, Discharge and Indemnity

You unconditionally release Himalayan Guiding Australia from any liability and agree to indemnify us against any claims arising from your participation. In the event of your death, your estate and representatives also indemnify us.

9. Victorian Clients – Specific Warning

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (Victoria) By booking this trek, you agree that your rights to sue under the Australian Consumer Law are excluded, restricted, or modified as set out in these Terms. This does not apply if death or injury is caused by gross negligence. See the Australian Consumer Law and Fair Trading Act 2012 (Vic) for details.

10. Early Departure During the Trek

Due to most costs being fixed, if a participant chooses to leave the trek early (or is asked to leave) for any reason other than a serious medical emergency certified by the trip leader, they will be responsible for all costs associated with their return to Kathmandu and onward travel. These costs can be significant (estimated up to USD $1,000 or more). We will endeavour to arrange the most practical and cost-effective exit possible. Participants are strongly advised to have travel insurance that covers early departure.

11. Cancellation Policy

Cancellation more than 4 weeks (28 days) prior to departure: Full refund less deposit.

Cancellation less than 4 weeks prior to departure: 100% of the trip cost will be forfeited.

No partial refunds will be given for unused services. All participants are strongly advised to purchase comprehensive travel insurance that includes cancellation coverage.

12. Cancellation or Changes by Us

We reserve the right to cancel or significantly change a trek due to insufficient numbers, safety concerns, weather, or other circumstances beyond our control. In the event of cancellation by us, you will receive a full refund of all payments made. We are not liable for any additional costs (flights, visas, etc.) you may incur.

13. Itinerary Changes & Force Majeure

The itinerary is a guide only and may be altered due to inclement weather, forces of nature, safety concerns, or other circumstances beyond our control. You accept that flexibility is required when travelling in remote areas.

If Himalayan Guiding Australia are prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, 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, cancel the tour wherein condition 4 will apply in respect of cancellation charges.

14. Flights & Arrival Requirements

You must arrive in Kathmandu no later than the start date of the trek and depart no earlier than the end date. We are not responsible for any missed trek days due to late or delayed flights, nor for any costs incurred as a result.

15. Visas, Passports & Travel Documents

It is your sole responsibility to obtain all necessary visas, passports, and travel documents. We are not liable if you are unable to join the trek due to passport, visa, or entry requirements.

16. Insurance

It is a strict condition of booking that you have comprehensive travel insurance covering medical expenses, emergency evacuation, cancellation, personal liability and trekking activities at high altitude.

Evidence of insurance may be requested at any time. Failure to provide adequate insurance may result in cancellation of your booking.

17. Images, Videos & Marketing

By participating, you consent to your image, voice, and likeness being used by Himalayan Guiding Australia for promotional and marketing purposes (website, social media, brochures, etc.) unless you notify us otherwise in writing prior to the trip.

18. Complaints

Any complaints must be brought to the attention of the trip leader during the trek. If unresolved, please notify us within 30 days of return by emailing us at karina.himalayanguiding@gmail.com

19. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia.

Questions about our Terms and Conditions? Feel free to contact us.