Terms & Condition

Upon choosing to utilize the services offered by Soul Himalaya, we (referred to herein as the client/s) hereby consent to the stipulated Terms and Conditions outlined below:

General

The information presented on the corresponding website is designed to provide an equitable depiction of prevailing conditions and circumstances. Simultaneously, it aims to emphasize the necessity for flexibility and adaptability from both parties in adherence to these terms. The agreed-upon tour price shall have been mutually established before the initiation of the services, with full payment already remitted.

Participation Requirements

To partake in any trek/trip organized by Soul Himalaya, individuals must be a minimum of 18 years old and in suitable physical condition. While minors are permitted, they must be under the constant supervision of a guardian or responsible adult. The ethos of adventure travel embraced on these journeys allows for alternatives and a considerable level of on-tour flexibility. The provided itineraries for each trek/trip should be viewed as indicative rather than constituting a contractual obligation on our part.

Acknowledging and accepting this inherent flexibility is a fundamental condition for joining any trek/trip. Delays and alterations are possible, and all participants must recognize this aspect. For the collective well-being of the group, every member should be capable of actively engaging in the activities of their selected trek/trip. In the event that a participant is deemed unfit, inadequately equipped, or poses a risk to the safety, comfort, or progress of the group, the trek/trip leader reserves the right to remove them.

Participants also consent to the use of any photography, including images featuring them, for publicity material associated with Soul Himalaya. Soul Himalaya retains all rights, titles, and interests in such photography, including any derived royalties or benefits.

Accommodations during the trek/trip are based on twin sharing, and solo participants will be paired with a same-sex member. A singles supplement applies for those seeking single occupancy.

Additionally, it is the participants responsibility to ensure that they are compliant with all applicable legislation, visas, immigration, customs, and foreign exchange regulations.

They must also accept to follow all instructions from the trek/trip leader regarding safety and organization. Any violation of Nepalese laws empowers Soul Himalaya to expel the client/s from the tour without a refund.

Costs and Payment Terms

Upon mutual agreement on services and pricing, a deposit remittance is mandatory to confirm the booking. The deposit is to be transferred to the specified bank account provided by Soul Himalaya. Clients bear the responsibility of covering any associated bank charges, ensuring they are not deducted from the total due to the Soul Himalaya. The deposit is non-refundable, except in cases where we cancel the trek/trip due to reasons such as war, the threat of war, civil strife, natural or man-made disasters, nuclear incidents, industrial disputes, bureaucratic obstacles, terrorist activities, adverse weather conditions, fire, or similar events.

The remaining balance (full payment) for the agreed-upon services must be remitted to the designated bank account by Soul Himalaya no later than the specified date indicated on the itinerary/quote provided. Clients are accountable for the costs related to personal equipment, tips, visas, vaccinations, additional food and beverages, personal spending money, transportation to and from the departure airport, and any other activities or transportation not explicitly included in the itinerary.

Price Guarantee Policy

Upon receipt of the deposit in the designated Soul Himalaya bank account, the agreed-upon service prices will be guaranteed, barring exceptional circumstances beyond Soul Himalaya's control. Before deposit receipt, prices may be subject to adjustment to accommodate changes in airline costs or governmental actions, including, but not limited to, new or increased taxes such as VAT, airport taxes, and heightened national park entry fees. Additionally, adjustments may be made to reflect fluctuations in applicable exchange rates. In the event of a cost increase for your trek/trip, Soul Himalaya will promptly provide you with a revised quote.

Cancellation, Curtailment, and Postponement Policy

The deposit is non-refundable, except in the event of cancellation by Soul Himalaya (refer to exceptions in clause 3, Costs & Payments). Should Soul Himalaya cancel (excluding exceptions in clause 3), the refund will amount to the exact deposit paid. Should clients wish to modify the program before the agreed commencement date, adjustments to services, dates, or prices can be made (upward or downward) without penalty, contingent upon the feasibility of the replacement program. Once full payment is completed and the program has commenced, no refunds will be issued under any circumstances. In such cases, clients are advised to seek recourse with their insurance provider.

Insurance and Emergency Details

Clients require a suitable travel insurance policy covering individuals and personal effects throughout the trek/trip, including any rented or loaned equipment from Soul Himalaya. Clients and their belongings, including luggage, are solely at their own risk. For treks, insurance must include coverage for high-altitude trekking and emergency helicopter evacuation. This insurance must be purchased prior to the trip as it is not available in Nepal. While Soul Himalaya can assist in facilitating emergency evacuations, it is not responsible for covering associated costs. All expenses must be borne by the client or their insurers. Before arriving in Nepal, clients must provide Soul Himalaya with a photocopy of their passport, emergency contact details (next of kin), and travel insurance information.

Medical Treatment Protocol

Participation in a trek/trip necessitates your consent for Soul Himalaya to arrange any essential medical or surgical treatments in emergency situations. Should you be unable to provide consent personally, we require your authorization to sign any necessary consent forms on your behalf. All associated medical costs are the responsibility of the client or the client’s insurers.

Risks and Participant Responsibilities

Engaging in adventure travel within a developing country entails inherent risks. Participants must possess adequate fitness to cover the specified distances and undertake the outlined program in the trek/trip itinerary. By participating, you assume full responsibility and agree to indemnify Soul Himalaya, its employees, agents, sub-contractors, and suppliers against claims for personal property loss or damage, consequential losses, or claims resulting from your actions during the trek/trip. You acknowledge the risk of being able to satisfy immigration, customs, or other authorities for lawful access to Nepal. If access is denied, Soul Himalaya is not liable for costs incurred in resolving difficulties or returning to your home country. While assistance will be provided within reasonable limits, there is no obligation or liability for actions taken on your behalf. The client must comply with the rules and regulations of the country during their stay in the country. Any illegal activity is discouraged and any deliberate or unintentional breach of the law by the client shall not obligate the company to advocate on their behalf. Soul Himalaya adheres to a strict policy of not paying ransom or making any payments to secure hostage release. Cyclists must wear helmets, and all participants must use safety clothing or equipment as required by the rules and regulations of local service providers for any undertaken activity. For water-based activities, participants must demonstrate the ability to swim 50 meters fully clothed.

Dispute/Claim Resolution

If a client initiates a claim against Soul Himalaya, the cause and extent of the claim must be promptly communicated to Soul Himalaya’s management. Preferably, any compensation-related claims should be amicably settled while the client remains in Nepal, with concerted efforts directed toward this resolution. If issues persist beyond this timeframe, an agreed-upon route outlining the terms and criteria for settlement should be established and documented. As a last resort, matters are governed by Nepalese Law with jurisdiction in Nepal.

Data Protection

To facilitate the processing of your booking and ensure seamless travel arrangements tailored to your needs, we are required to gather specific personal details. These may encompass your name, address, passport, insurance, credit/debit card or other payment details, as well as special requirements related to medical conditions impacting the chosen trek/trip and any dietary restrictions. This information may be disclosed to public authorities such as customs/immigration as mandated, or as stipulated by law. By providing accurate information, you consent to us utilizing all pertinent data for administering your trek/trip. Your personal data will not undergo processing beyond what is necessary for the trek/trip's purposes, and no transfer to third parties will occur except where essential for the trek/trip's fulfillment.

Contractual Commitment

Upon payment of the deposit, both the client/s and Soul Himalaya mutually acknowledge the binding nature of the aforementioned terms and conditions. The Client/s’ Assumption of Risk and Guarantee outlined below will be duly honored.

Client/s Assumption of Risk and Guarantee

The client/s acknowledges the inherent risks and dangers associated with mountain treks, expeditions, white water rafting trips, jungle tours, or any other journeys arranged by Soul Himalaya Treks Pvt Ltd and its entities. These risks include, but are not limited to:

• Travel in mountainous terrain, rivers, forests, and jungles
• Transportation by various means such as aircraft, car, coach, boat, etc.
• Accidents or illnesses in remote areas with limited medical facilities and/or communication/evacuation options
• Incidents caused by natural forces.
• Itinerary changes beyond the control of Soul Himalaya

In consideration of the above, and as part of the payment for participating in these activities and services arranged by Soul Himalaya and its affiliates, the client willingly assumes all aforementioned risks. They, the client absolves Soul Himalaya of any blame and commit to defending them against any liability, actions, suits, debts, demands, or claims arising from or connected to the trip or arranged activities. This also serves as the client's release, assumption of risk, and guarantee on behalf of themselves, their heirs, administrators, executors, and all family members, including minors, whether accompanying them or not.