TERMS & CONDITIONS
Muscle & Majestic Fitness Productions (Pty) Ltd, Trading as Himalaya Yoga & Trek hereinafter called the Company, accepts bookings on the following conditions:
Your contract is with Himalaya Yoga & Trek when you make a booking and we accept it, a legally binding contract is made. When you sign the booking form, or submit it by email, you (and any other person on whose behalf you book) agree to accept all these conditions, you acknowledge that you have read and fully understood this section of this document as well as the Terms & Conditions below and that you warrant the information given by you on the booking form is complete, true and correct. When we accept your booking, we agree to carry out our obligations to you as defined in this document. Any bookings can only be waived by a director of the company and in writing.
1. To secure a booking a deposit amount of 30% of the quoted amount must accompany the booking form by way of eft only (no cash deposits) into the below bank account. Money transfers from outside South Africa are accepted. This amount will be dependent on the rate of exchange on the day of your payment. Your place on the trip is not secured until we have sent you our confirmation letter and received your full deposit.
2. Balance – the balance of your trip shall be payable 8 weeks prior to departure, all bookings made within this period are due for immediate full payment. If, for any reason, the balance is not received by the due date, the Company reserves the right to cancel the booking and apply a cancellation charge in accordance with the scales shown in the “Cancellation by you” section below.
Trekkers joining the tour in Kathmandu from countries other than South Africa such as the USA, Canada, Australia, United Kingdom or European countries, pay the 30% deposit into the account mentioned and pay the balance on arrival in Kathmandu in USD$ to HY&T or its duly appointed representative.
Flights: If you wish us to book a flight for you we will quote you for a flight and, dependant on the size of your group, we will either need a deposit or full payment for the flight from you prior to us securing it.
The airline will advise us of availability and requirement for full payments of airline tickets. Once airline tickets have been issued any changes required will be for the cost of the passenger.
You are at liberty to book your own flights, however it is imperative that you inquire with Himalaya Yoga & Trek as to the status of the tour and departure before paying for and securing your flights.
3. Trip status for a set departure: You should not make travel arrangements until we have told you that your trip is guaranteed to run, ie, when the minimum number of bookings required to guarantee the trip has been reached. If your trip does not reach guaranteed to run status, we will give you the choice to participate in your trip at a price based on the number of bookings received, to transfer to a different trip as close to the advertised price of that trip, or to receive a full refund of the monies you have paid.
4. Alterations: Requests for alterations to your Trek arrangements are subject to accommodation and transport being available. We will happily try to amend your booking requirements up to 6 months prior to departure without passing on administration charges. After that date, any changes may incur an administration charge of ZAR500, USD$50, Euro 40, $50AUD or $50NZD or other depending on country of residency when booking. Recovery of these charges will be added to and recovered by the company upon payment of the balance of the tour in Kathmandu. Requests for changes of dates or transfer to another Trek may be treated as a cancellation at the Directors discretion.
5. Cancellation By You: Written notification must be received in writing. Cancellation charges are set out below, based on the date of receipt of such written cancellation notice by Himalaya Yoga & Trek office.
60 days or more before date of departure 50% Loss of deposit paid to the Company, plus any non-recoverable park / tourist permit charges and any air ticket cancellation charges.
30 - 59 days before date of departure 75% loss of deposit plus any non-recoverable park / tourist permit charges and any air ticket cancellation charges.
Less than 30 days before date of departure, and on or after departure 100% of monies paid to the Company or the representative for the Company in Nepal which has received payment. This includes costs including all park / tourist permit charges and 100% of any air ticket costs the Company or its Nepali representative may have outlaid for your tour.
6 Outline itinerary: This is provided as a guide only. Your tour dates, duration or hotel accommodation may change. We will make every effort to inform you as soon as we know of any change before departure. Your final itinerary may differ in the order in which you visit various areas and places where you stay overnight. In particular it may be necessary to alter your itinerary at short notice due to adverse weather conditions, or to operating conditions imposed by owners and operators of accommodation, facilities, aircraft, vessels and other forms of transport. Your itinerary will, however, be the same in content, unless circumstances beyond our control deem this impossible. Should weather conditions or ill health involve clients having extra costs such as accommodation, transportation and meals, such costs will be borne by the client.
7 Acceptance of tickets and vouchers implies acceptance of all their conditions. No responsibility or liability can be accepted by Himalaya Yoga & Trek for any accident, loss or injury, unless caused by their proven negligence. No liability can be accepted for consequence of possible delay to aircraft, trains or buses due to circumstances beyond our control.
8 Cancellation by us: The right is reserved to cancel the expedition for reasons beyond our control. This may be because of, for example, hostilities, political unrest or other circumstances amounting to force majeure. Should the Company be forced to cancel arrangements under these circumstances, the choice of an alternative arrangement or refund of recoverable costs will be offered. The Company is not responsible for any extra costs borne by you due to cancellation or changes to your trip.
9 Prices quoted are based on exchange rates and operating costs at the time of booking. The Company reserves the right to levy flight, fuel, park/trekking fee and/or currency surcharges following significant fluctuations. No other surcharges relating to operating costs will be introduced, unless it becomes necessary for reasons beyond our control. Surcharges, if any, will be demanded in writing and clients must pay the increased costs. Failure to pay the surcharges will be treated as a cancellation of the booking by the client and cancellation charges will apply. No surcharge of less than 2% will be levied; if however, the surcharge exceeds 10% of the price quoted at the time of booking, the client is entitled to change to another trip if this can be arranged, or allow HY&T to alter the itinerary to accommodate this increase or cancel the expedition and obtain a full refund after deduction of administrative costs. The Company will not accept any responsibility for costs incurred over and above those shown as indicated on your itinerary.
10 Complaints: Our desire is to resolve complaints locally and immediately. If this is not possible, complaints must be made in writing directly to the Company within 15 days of the client’s return from the trip. This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of the Republic of South Africa be concluded in Cape Town.
The client consents to the jurisdiction of the Magistrates Court of Cape Town in terms of the provisions of Section 45 of Act 32 of 1944 as amended but it is specifically agreed that Himalaya Yoga & Trek at its instance will have the discretion to sue in the High Court if it deems it is appropriate.
Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
11 Warning: Our holidays operate in remote and exciting parts of the world where the risk of injury, accident, loss of property, discomfort and delay may be higher than at home. Your booking is accepted on the condition that you realise this and accept all these elements of adventure travel. By signing our booking form you agree to accept the decisions of the trek leader or local guide who represents the Company. If in their opinion your behavior, performance or presence is detrimental to the safety and welfare of the group or any individual, they may ask you to leave at any stage, without any right to refunds.
12 Insurance: It is a condition of booking that you are adequately covered by insurance, which must cover the altitude and activities in your itinerary, and the cost of repatriation and evacuation by helicopter if you become too ill to continue. You must declare any pre-existing medical conditions to the insurance company. We advise you to take out appropriate insurance at the time of making the booking to include a safeguard of your payments should you subsequently have to cancel for an insured reason.
Your chosen Insurance company and its contract is strictly between yourself and your selected insurance company.
12 a We require a signed insurance declaration form from all participants. In all cases, extra costs incurred by a client as a result of premature departure from the trek or tour,eg, rescue, food and accommodation costs for themselves and support staff etc, are the responsibility of the client. It is important that clients carry with them the financial means to meet these costs at the time of them being incurred.
13 Flexibility: There is a natural need to be flexible in a tour of this kind. The day to day programme and ultimate aim of this trip is to be taken as an aim and not a contractual obligation. It is conditional to joining our tour that you accept this flexibility, and acknowledge that delays and alterations and their subsequent results, such as inconvenience, discomfort or disappointment, alterations to the programme and additional expenses are possible. Such expenses will be the client’s responsibility.
14 Information: Any information given by the Company in regard to visas, vaccinations, climate, clothing, special equipment, topography etc is done in good faith and without responsibility on our part.
15 No Refund or compensation will be made or given for any unused air tickets, hotel accommodation, services or feature of the tour.
Medical issues: A reasonable standard of physical fitness is essential before embarking on a trekking holiday and it is the responsibility of all individuals to ensure that they are fit and in a reasonable state of health to undertake such a trip. You should also understand that medical assistance is rarely available in remote regions visited on treks. You should therefore have a thorough medical and dental check-up before your holiday. On all our trips a comprehensive medical kit is carried. Before booking a holiday we advise you to read the detailed itinerary description of the trip carefully, and if you require any further information, you should contact our office.
Baggage: You should restrict your personal equipment to a maximum of 15kg. Many of our trips involve internal flights within the country of destination and 15 kg is the maximum check-in baggage allowance on some internal flights. Porters may carry a maximum of 12kg per person - 1 porter is allowed per 2 trekkers. We can arrange for extra luggage to be lstored at our main destination hotel, at your own risk.
Single supplements: Please refer to our dates and prices sheet for details of our single supplement policy or inquire in this regard.
Visas: Visa are obtained upon arrival for most passports. Nationals from African countries other than South Africa should inquire with Himalaya Yoga & Trek about their visa requirements, see note below. Visa applications are the responsibility of the trekker. Please refer to the embassy website of http:www.nepalimmigration.gov.np
Tibetan visas will be arranged for you by our agents.