TERMS OF USE

LAST UPDATED: May 1, 2017

Trekk above is an incorporated company under the laws of Manitoba, Canada dedicated to making your Nepalese trek one of your best treks ever!   Why book with us?  Because we’ve been there, done that!  Being avid trekkers, we’ve hiked these trips with ourselves.

By accessing or using our Services, you agree to these Terms.  Before booking your trip or your use of our Services, you should familiarize yourself these Terms.  Please read them carefully.  If you do not agree to these Terms, then please do not book your trip, access or use our Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Trekk above for products, services or otherwise. If you have any question regarding the use of our Services, please contact Trekk above at team@trekkabove.com.

Terms for Trekkers, Travelers, Mountaineers, and Adventure Enthusiasts:  this means “You”.

 

1. BOOKING AND PAYMENT CONDITIONS:  Choose your destination and trip package.  All prices for trip packages are in United States of America Dollar denominations (USD) and are exclusive of any applicable taxes and does not include any insurance.  Payment in full is required at the time of your booking.  Your funds remain in trust with us until 21 days prior to your trip.  At that time, we will release funds to our Local Operator to pay for reservations and logistical expenses related to your trip package in Nepal. 

 

2.   SUPPLEMENTAL CHARGES:  The trek packages, rooms or tents are provided on a shared accommodation basis.  Single room supplement charges will be imposed on you if you choose not to have another tour participant share room/tent with you.

 

3. TAXES:  You are responsible for any sales, duty, or other governmental taxes or fees due with respect to your purchase of a trip package.  WE will collect applicable sales tax if we determine that we have a duty to collect it, and will provide notice of such taxes at the time you place your order.

 

4.   PAYMENT METHOD:   You may use any of the payment methods specified on our website page.  At the time you remit your payment, you are deemed to represent and warrant that you are authorized to use the payment method selected by you.   You authorize us to charge your designated payment method for the total amount of your trip package, including any applicable taxes and other charges.  If your payment cannot be verified, is invalid, is dishonoured or returned for any reason, your trip package may be suspended or cancelled by us.

 

5.   NO REFUNDS:  All sales are final except in the event where we make an error, or as otherwise expressly agreed in writing by Trekkabove, there are no refunds.  In the event of a death, or other extreme circumstances, Trekkabove may, at its sole discretion, issue a credit that may be applied to a future trip package purchase with Trekkabove, subject to a minimum administration fee of $150.00.  Last minute cancellations or absences at time of departure will not be refunded.  If you leave or the trip before its completion, or are unable to complete the trip for any reason, (voluntary or involuntary) there are no refunds. 

 

6.   ERRORS:  In the event of an error in connection with the pricing or charging of your trip package that results in an overcharge or undercharge, Trekkabove reserves the right to correct such an error and revise your payment accordingly, including charging the correct amount that should have been processed in the first place, or to cancel the trip and refund any amount charged.  In the event of an overcharge, your sole remedy is a refund for the excess amount charged.  To be eligible for such a refund, you must provide notice of any billing error within 30 days of the date of the billing statement in which such error first appears.

 

7.  CANCELLATIONS:  Trekkabove reserves the right to cancel your trip due to unforeseen circumstances beyond its control such as war, natural disaster, political unrest.  In such a case, Trekkabove will issue a credit to you in the same amount of your purchased trip package, be applied to a future trip package of equal or similar value on an alternate travel date.  However, you will be solely responsible for any other expenses incurred by you as a result of booking your trip package with us (such as flights, visas, etc.).

 

8. RISKS & RESPONSIBILITY:  All tours are conducted under the strict rules and regulations of Nepal’s tourism board.  Trekkabove is not liable for any change or cancellation of the trip package purchased due to unavoidable circumstances such as changes in the country’s rules and regulations, government restrictions, natural disasters, political instability, war, unfavourable climate conditions, cancellation of flights, delay, sickness, or accident, breakdown of vehicle, and so on.  Any extra cost incurred by you due to such circumstances shall be solely paid by you.  Therefore we highly recommend travel insurance.  While your trip is in progress, your Local Operator may have to alter your trip itinerary for any of the above stated reasons which are beyond the control of your Local Operator. In such event, you accept that your Local Operator has, at its sole discretion, the right to alter your itinerary or cut shorty your trip for the purpose of your own safety.  Should this happen to you, you shall not hold Trekkabove liable in anyway for a refund or rebate of any money paid on your trip package purchased with us. 

 

9.   PERSONAL SAFETY/BELONGINGS/FITNESS DISCLOSURE:  Trekk above is not responsible for any loss or damage to your luggage, personal property, or person howsoever caused while participating on any trip package purchased with us.  Our treks are very strenuous and require a minimum level of physical fitness. You are aware that our itineraries include traveling in mountain terrain, on rivers, in forests, which may include whitewater rafting, traveling by aircraft, car, coach, jeep, boat, canoe, raft, elephant, donkey, pony, bicycle or any other means of transport, including long, arduous hikes at high altitudes.  During your trip, your risks of accident, or illness may include, but are not limited to the following:

 

~      Accidents or illness in remote regions with little or no medical facilities and/or without means of speedy communication and or evacuation;

~      Illness caused by your inherent health condition (pre-existing condition), altitude sickness, or other natural illnesses contracted by you during your trip;

~      Accidents or injuries caused by forces of nature or inclement weather conditions;

~      Accidents or injuries resulting from your level of physical fitness.

By booking with us, you agree that you are physically fit and well enough to fully participate in and complete the trip package you have purchased with us.  In particular, you agree that you are assuming all responsibility, risk and liability for your health, property, safety and security of person and you will save and hold harmless Trekkabove for any personal loss, accident, illness or injury incurred during your trip package. 

10.                DISCLAIMER:  Your use of our services is at your sole risk.  Our services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose. Trekkabove does  not employ, recommend or endorse any Local Operator and has no control over the acts or omissions of any Local Operator; (ii) is not responsible or liable in any manner for the conduct of any Local Operator or other third parties; (iii) makes no representations or warranties about the quality of the services provided by any Local Operator or about your interactions or dealings with any Local Operator; and (iv) does not screen Local Operators or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on our Services. Regardless of whether Trekkabove screens Local Operators or performs a background check, you should exercise caution and perform your own screening before connecting with Local Operators through our Services, meeting anyone, hiring Local Operators or purchasing their services  Trekkabove hereby expressly disclaims, and you hereby expressly release Trekkabove from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other Local Operators, including any acts or omissions of Local Operators.

 

11.        LIMITATION OF LIABILITY:  Trekk above will not be liable to you under any theory of liability –whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, or special damages or lost profits. The total liability for any claim arising out of or relating to these Terms, regardless of the form of action, is limited to the greater of (i)  the amount paid by you to book your trip with us or (ii) $100.00.  The limitations set forth in this paragraph will not limit or exclude our liability for gross negligence, fraud, or intentional, reckless or willful misconduct or for which liability cannot be excluded or limited under applicable law.  

 

12.                AGENCY RELATIONSHIP:  When you purchase the package trip through us, we are acting as the booking agent for the Local Operator in Nepal. Ultimately, it is solely the Local Operator who is responsible for the Trip Package you have chosen, including fulfilling all items included as part of your trip package.  You will look to and deal directly with the Local Operator to resolve any disputes you may have with the Local Operator arising out of the trip package purchase made with our services.  However, having said that, as we work closely with the Local Operators, we want this to be a mutual rewarding and satisfying experience for all parties concerned.  If you do have problems, please do contact us at team@trekkabove.com. 

 

13.   TRAVEL INSURANCE:  The prices of the trip packages does not include personal travel insurance.  You are responsible for purchasing your own travel insurance.  Travel delays and flight cancellations are a fact of life given the notorious inclement weather conditions of the Himalayan mountain regions, and in particular regions such as Everest (Lukla), Annapurna, Jomson, Dolpa, SImikto, and Jumla.  You should plan to arrive a day or two before your scheduled departure date, and plan your flight out of the country a few days after your scheduled return to avoid frustration due to unforeseen delays.  It is advisable to carry additional money to purchase food and accommodations in case of delays.  Your Local Operator and Trekkabove will not be responsible for any of the additional expenses.  Therefore, please plan accordingly.  Any travel insurance package purchased by you should cover medical expenses, personal accident, natural calamity, helicopter/emergency evacuation, trip cancellation, trip delay, loss of gear, theft, or damage to baggage and personal effects, and so on.   

 

14.   RELEASE:  You hereby expressly release Trekkabove from any and all liability, controversiers, claims, suits, injuries, loss, harm, or damages arising from or related to disputes, dealings, or interactions between you and any other users, travelers, Local Operators, or third parties.

 

15.   APPLICABLE LAW AND VENUE:  These Terms will be governed by and construed in accordance with the laws of Manitoba, Canada, without resort to its conflict of law provisions.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, cation or proceeding arising out of these Terms.

 

16.  SEVERABILITY:  If any term is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 

 

17.   CHANGES TO TERMS:  Trekkabove reserves the right, without notice and in its sole discretion to make changes to these Terms from time to time.  If we do make changes, we wil lpost the amended Terms to our Services and update the “Last Updated” date above.  We will also attempt to notify you by sending an email notification to the address provided by you.  Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.  If you do not agree to the amended Terms, you must stop using our services.

 

18.   MISCELLANEOUS:  These Terms constitute the entire agreement between you and Trekkabove relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Trekkabove’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.