We know that this is going to be a bit boring, but it is also necessary to ensure we all understand our roles and responsibilities when trekking together.
IMPORTANT: In order to trek with Sherpa Spirit Treks, we need to bring your attention to our Terms & Conditions. Please take the time to read and understand this document. The agreement is a legally binding agreement between you, the CLIENT and Sherpa Spirit Treks. This page is referenced throughout our website, and you will again be emailed our Terms & Conditions upon booking with us. You may also be required to sign a copy of these Terms & Conditions. It is deemed that by the time you trek with us, you have read, understood and accepted these Terms & Conditions. Please pay special attention to Sherpa Spirit Treks right to exemption and limitation of liability.
As used herein, the words:
“Sherpa Spirit Treks” means: the Company organising and operating the trek. Sherpa Spirit Treks staff includes guides and porters.
“OPERATOR” means: Sherpa Spirit Treks
“CLIENT” means: anyone who has booked and purchased a Sherpa Spirit Treks trekking package and whose name appears on the Confirmed Booking Form.
“TREK” means: the trek package, tour, trek, accommodation or program advertised or conducted by the operator.
“TREKKING” means: walking, and other activities undertaken by trekkers according to their accepted itinerary.
“GROUP” means: two or more persons who have been booked together for the trek and may be joining with any other group or groups.
1. THE AGREEMENT
1. Upon full payment of the trek package fees for the agreed trek, Sherpa Spirit Treks agrees to accept the clients named on the Confirmed Booking Form.
2. HEALTH OF THE CLIENT
Sherpa Spirit Treks IS NOT LIABLE FOR MEDICAL CARE OR EXPENSES WHATSOEVER.
2.1 The client is fit to trek. The client warrants that s/he is physically fit and capable of undertaking the agreed trek.
2.2 Consent to treatment. If in the opinion of Sherpa Spirit Treks, a client is in need of medical assistance and is unable to request it, the client hereby consents to Sherpa Spirit Treks making such medical arrangements, as it deems necessary, at the cost of the client.
2.3 Client’s obligation to report medical condition. The client must report any pre-existing illness, disability, pregnancy, or any other conditions for which the client may require medical attention during the course of trekking with Sherpa Spirit Treks before the trek commences. If any such condition arises before the commencement of the trek, it must be reported to Sherpa Spirit Treks as soon as such illness or disability is known. Failure to report any such condition completely absolves Sherpa Spirit Treks and all contractors, guides and porters from all or any liability in respect of such condition.
2.4 Provision of medical certificate. Sherpa Spirit Treks, in its sole discretion, may require a doctor’s certificate from the client before commencing the trek. This is to be provided no later than 7 days before the trek, and no earlier than 30 days before the trek.
2.5 Refusal of trek. Sherpa Spirit Treks reserves the right to refuse any trekker who has failed to give proper notice of physical disability, illness or handicap requiring special care, attention or treatment or who in Sherpa Spirit Treks opinion is physically or mentally unfit for travel. In such event, Sherpa Spirit Treks will not be liable to refund the trek package fees. Sherpa Spirit Treks shall also be entitled to charge any additional expenses associated therewith, to the client.
2.6 Treatment at client’s risk. Subject to the foregoing, any medicines, surgical, attention or medical treatment furnished by a qualified doctor located by Sherpa Spirit Treks shall be and are accepted at the client’s sole risk, and Sherpa Spirit Treks shall not be responsible for the quality, nature or consequences thereof.
2.7 Necessity of Travel and Medical Insurance in order to participate. Client must have purchased Travel and Medical Insurance for the trek to cover the following:
Emergency rescue and evacuation
Medical treatment (including COVID-related medical events)
Payment of hospitalisation
Repatriation to home country
Loss of luggage, money etc
Equipment such as cameras, laptops etc.
Death and disability
Cancellation of trek
Coverage for trekking up to and above the highest altitude of the trek
Sherpa Spirit Treks WILL require proof to that regard.
2.8 Sherpa Spirit Treks reserves the right to withdraw the client due to illness, drug use, and violation of strict cultural taboos and customary practices at anytime during the trek.
The client acknowledges that whilst Sherpa Spirit Treks will take every reasonable precaution to ensure the safety of the client on the trek, the nature of the trek has inherent risks and dangers encountered which may well be beyond the control of Sherpa Spirit Treks. The client acknowledges that s/he participates in the trek at his/her own risk, and in the event of any accident, injury, incapacitation, illness, pain, death or other event suffered or incurred by the client, s/he and his/her dependants and heirs will seek no compensation from Sherpa Spirit Treks and will hold Sherpa Spirit Treks blameless and will not seek damages from any court or compensation jurisdiction in relation to any accident, injury, incapacitation, illness, pain, death or other arising from the trek.
3. GENERAL PROVISIONS
3.1 Your authority to agree. In purchasing the trek package, you state that you are authorised by or on behalf of any client listed on the Confirmed Booking Form to agree to all the terms of this contract.
3.2 No transfer. This contract is between the tour operator and the client. It cannot be sold, assigned or transferred to any other person without the prior express written consent of the tour operator.
3.3 No third party responsible. This contract is only with the tour operator. No other person or company shall be responsible in any way to the client.
3.4 Limitations applied if that party is held responsible. However, if any other person or company is held responsible, all benefit limitations, exemptions from liability, defenses and immunities referred to in this contract or under law, or treaty or from any other source shall be transferred to such person or company and their staff, guides, porter and agents.
3.5 Agreement continues. This agreement remains in effect for all period when the tour operator is under any responsibility to the client or the client’s property.
3.6 No oral changes, no additions, variations, or waiver for any of the contract can be effected unless it is expressed in writing and signed by the tour operator or each authorised agent.
4. PAYMENT OF TREK PACKAGE FEES
4.1 Payment of trek package fees. The trek package fees agreed between the client and the tour operator shall be payable according to the following conditions:
The client will pay a 25% deposit at the time of the booking in order to secure his/her booking. This deposit is refundable up until 30 days prior to the trek departure date. After this time the deposit becomes non-refundable, however it remains transferrable to another date.
Balance of trek package fees must be paid prior to the trek departure date, and can be made by various methods of money transfer, as outlined on our website, or by cash.
Any expenses incurred by the client on the trek will be paid by the client at the time they are incurred. If this is not possible, the client will make payment within SEVEN (7) days of completion of the trek. If payment is not made within SEVEN (7) days, collection costs plus a 20% interest charge may be incurred.
Should the exchange rate vary more than 5%, then the price of the trek may also be subject to change.
The total amount payable will vary if the client has also selected a single room supplement.
4.2 What is covered. The trek package fees as agreed shall include the following:
Airport transfers in Kathmandu
All road transport to organised activities within Kathmandu, flights and/or road transport to and from the trek and during the trek (as stated in the itinerary)
Hotel accommodation in Kathmandu (as stated in the itinerary), tea house accommodation during the trek
All meals during trek, with the exception of meals in Kathmandu. This includes 3 meals per day, a Welcome and Farewell dinner
Guided city tour in Kathmandu with a registered City Guide
Wages/salaries and other staff costs for all guides and porters (including insurances, transport, equipment, meals and accommodation)
Group First Aid Kit (carried by guide)
Down jacket & sleeping bag (to be returned after trek completion)
Sherpa Spirit Treks waterproof duffel bag, t-shirt, and trekking map (for you to take home)
Sherpa Spirit Treks Certificate of Completion
All necessary paperwork and trekking permits
All government & local taxes
The fee does NOT include the following:
Round-trip International airfare
Visa and country entry costs
Airport taxes and excess baggage charges
Any domestic transport that occurs outside of trek dates
Meals in Kathmandu (unless otherwise stated in the itinerary)
Extra nights accommodation in Kathmandu or Pokhara for early arrival or late departure, or early return from the trek (due to any reason) than what is included in the scheduled itinerary
Travel, personal, medical, rescue or cancellation insurance
Expenses of a personal nature including additional drinks (e.g. bottled water, additional hot beverages, soft drinks, and alcohol), additional food (e.g. snacks, confectionary, fruit and vegetables) and charges for access to wifi, hot showers, boiled and bottled water, donations, laundry, phone calls
Tipping and gratuities for guides, porters and drivers etc, and donations
Any medical or rescue expenses that may be incurred
4.3 Price Variations. The price for your trip may change due to currency fluctuations, surcharges, and variations in the expenses included in the cost of the trek. These charges will not be applied to you after you have paid in full unless the variations are substantial, in which case, you will be offered the choice of a refund or continuing with the payment of variation.
5. CANCELLATION BY THE CLIENT
The client shall be entitled to withdraw from the contract only upon the times or events set out as follows:
5.1 More than 30 days. The client gives written notice of cancellation more than 30 days before the trek departure date, the client’s deposit is 100% refundable.
5.2 From 29 to 0 days. The client is liable to pay the deposit amount, which is 25% of the total trek cost even if s/he gives written notice, 29 days or less before the trek date.
5.5 Deposits are non-refundable after 30 days prior to trek departure date, to the equivalent of a 25% deposit, however they remain transferable to another date.
5.6 If the client has paid in full, s/he shall be liable to the above cancellation costs, and only refunded any non-liable portion.
6. TOUR OPERATOR’S RIGHT TO CANCEL AND CHANGE ITINERARIES
6.1 Changes in itineraries. The tour operator may at anytime, without notice, cancel or change the approved and accepted itinerary or substitute trek packages. The client shall have no claim against the tour operator by reason of any cancellation, change or delay of the trek package, accommodation and meal options, travelling expenses or other loss, and inconveniences from delays.
6.2 Approximate schedule. Trek packages and itineraries including departure times and arrival times may be altered at the discretion of the tour operator or trek guide due to unforeseen circumstances.
6.3 Deviations and diversions. Clients in all situations shall not have the liberty to deviate from the original itinerary or undertake a diversion from the same advertised and approved itinerary, unless agreed upon with the trek guide. For whatever reason or reasons necessary, clients who deviate and divert from the advertised and approved itinerary may do so at their own risk and will be liable to pay any expense associated with the change.
6.4 Interruption of trek. If the trek is interrupted, or unduly delayed or prevented from proceeding as advertised by “Acts of God”, perils of the trail, mountains, rivers and valleys, Acts of Government or the ruling authority, epidemics, natural disasters, fires, landslides, earthquakes, war, hostilities, riots and strikes, or any other circumstance beyond the control and responsibility of the tour operator, the tour operator shall have the right to terminate the purchased trek at anytime without notice and of any reason whatsoever. In such an event, the tour operator may (at its absolute discretion, of which it shall be the sole judge) refund such proportionate part of the trek fee.
6.5 Indemnity by client. The tour operator shall have the right to be indemnified by the client for all penalties, fines, charges, losses and expenses upon and incurred by the tour operator because of the client, or any other person in the tour operator’s care.
6.6 Cancellation due to insufficient numbers. Where applicable, Sherpa Spirit Treks reserves the right to cancel the scheduled trek in the event there are insufficient bookings made to cover the costs of the trek. This decision is at the absolute discretion of Sherpa Spirit Treks. Any amount paid by you will be refunded or credited towards another Sherpa Spirit Treks trek.
6.7 Cancellation due to COVID-19. Sherpa Spirit Treks reserves the right to cancel the scheduled trek in the event of a continued or recurrent outbreak of COVID-19, upon advice from the Nepal Government or Department of Health or where other available information indicates the trip should not proceed. This decision is at the absolute discretion of Sherpa Spirit Treks. Any amount paid by you will be refunded in full or credited towards another Sherpa Spirit Treks trek.
6.8 Operator’s right to refuse client. Sherpa Spirit Treks reserves the right to refuse a client if they feel both the client and the operator is not a good fit to work together on this trek. In the event that this happens, the client will have all funds paid returned without question.
6.9 Cancellation upon Government or other advice. Sherpa Spirit Treks reserves the right to cancel where the Nepal Government or other available information indicates the trip should not proceed. This decision is at the absolute discretion of Sherpa Spirit Treks. Any amount paid by you will be credited towards another Sherpa Spirit Treks trek.
7. REGULATIONS CONCERNING BAGGAGE AND PERSONAL PROPERTY
7.1 Baggage means backpacks, handbags and bundles containing clothing, apparel, equipment and personal effects.
7.2 Limitations and Liabilities. For safekeeping purposes, the tour operator does not undertake to store any contents of a baggage belonging to other persons apart from the client named on the Confirmed Booking Form. The tour operator shall not accept for storage any baggage unless all the contents are declared, listed and personally viewed by the tour operator, its agents or servants. The tour operator will not be held responsible for the loss or damage to any item that is claimed as content in the baggage and which was not personally viewed by the tour operator, its agents and servants.
7.3 Marking of baggage. Each piece of baggage will be marked with the full name and address of the client. The tour operator shall not be liable for loss, damage or delay resulting from the client’s failure to mark each piece of baggage plainly as directed.
7.4 Forbidden items. The client should not take away any natural, historical and cultural items, the importation and exportation of which may be forbidden or which do not conform to customs, police regulations and the laws of Nepal and other countries with which Nepal has treaties and bilateral relations. Should this rule be violated, the client shall be held liable for all resulting fines, losses, damages or delays.
7.5 No flammable, hazardous or dangerous articles. The client warrants that neither his/her baggage, equipment or other goods which the operator is to transport does not contain any articles that are flammable, hazardous or dangerous.
7.6 Valuables. The tour operator is not responsible for money, jewellry, documents and any other valuables, which clients keep on their persons, in their accommodation or in their baggage.
7.7 Insurance by client. Clients are strongly recommended to obtain adequate insurance to cover his/her baggage and personal effects from theft, loss, damage and delays.
7.8 Refusal to carry. The operator may in its sole discretion and without giving any reason therefore refuse to carry a client’s baggage and or photographic equipment and/or any other goods at any time.
7.9 Baggage provided for trek. The tour operator will provide the client with a duffel bag for the trek. The client is responsible for ensuring all necessary equipment for the trek is packed in the bag provided, and not to exceed the weight limit as advised by the tour operator, its agent or staff. Scales will be provided at the hotel for the purposes of weighing bags.
7.10 Daypack. The client understands that it is expected s/he carry a small daypack with him/her while trekking. This should not exceed a weight that can be comfortably carried for up to 12 hours per day, for consecutive days. Should the client be unable to continue to carry his/her daypack due to the weight, s/he understands and agrees that additional costs may be incurred for the provision of an additional porter, for which s/he shall be solely responsible, and the payment of which shall be settled at the time of service.
The client must have a valid passport with not less than 6 months validity from the date of intended travel.
The client must obtain a Nepali Visa on arrival at the Tribhuvan International Airport in Kathmandu, or prior to travel from the Nepal High Commission or Consulate General in the client’s country.
The nature of the trek is that it will be physically demanding on the client. The trek will require the client to undertake walking, hiking, climbing, or a combination of these or similar; over difficult and challenging terrain such as along access roads, remote trails, suspension bridges, slippery surfaces, steep stairs, and river edges; climb to high altitude levels up to 6,000m; and potentially being exposed to extreme elements and animals, reptiles, insects beyond the control of Sherpa Spirit Treks.
The client accepts that Altitude Sickness (AS) or Acute Mountain Sickness (AMS) is a possible risk on this trek, and should s/he experience any of the symptoms of AS or AMS s/he will notify the retreat leader immediately. Should the tour operator, its agent, or staff advise the client to descend, the client agrees to follow the given advice without question. The tour operator, its agents and staff shall not be held liable should the client refuse to follow the given advice.
10. LIMITATION ON TOUR OPERATOR’S LIABILITY
10.1 No liability for certain events. The tour operator and its agents including its staff, guides and porters shall not be liable for loss, death, or delay of injury, to any client, or loss or damage or delay to his/her baggage, personal effects or other property arising from Acts of God, public enemy, Government restraint, riots, strikes, labour troubles whoever may be the instigators thereof, epidemics, civil disturbances of whatever nature, perils of the trail, mountains, rivers and valleys, Acts of Government or ruling authority, natural disasters, fires, landslides, earthquakes, war, hostilities or any other causes of circumstances beyond the tour operator’s control and responsibility.
10.2 Limitation on Client’s liability with respect to baggage and personal property. This liability shall not exceed USD150 in the event of loss, damage or delay to any of the client’s baggage or other property taken with him/her on the trek.
OTHER OPERATORS AND SUB-CONTRACTORS
Whilst all care is taken, no responsibility or liability whatsoever is borne or accepted by the tour operator for any other operator that is included, for any reason, as part of the package. The client agrees that any independent contractors with whom the Company contracts, provide their services subject to their usual terms and conditions.
MINIMUM AGE OF THE CLIENT
In signing this contract, the client agrees that they are at least 18 years of age at the time of the trek departure date, or that they are the legal carer or guardian of any trekker that is below the age of 18 years at the time of the trek departure date. If the client is not at least 18 years of age at the time of the trek, Sherpa Spirit Treks reserves the right to cancel the client's booking, without question, unless they are accompanied by a legal carer or guardian. Any deposit paid at the time of booking will not be refunded.