The following Terms and Conditions form the basis of your contract with Protrek Adventure Private Limited. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your trip booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them. The below mentioned Terms and Conditions constitutes a legal contract between Protrek Adventure and all the members taking our services.
Treks and Expeditions
Protrek Adventure runs adventure trips, where accommodation, transport, safety, hygiene, telecommunication facilities, level of infrastructure and medical facilities are not the same that you are used to at home or would find on a conventional holiday. This type of adventure trip inherently involves a high level of personal risk, which you agree to fully assume.
Itinerary and Trip Prices
Prices for our trips are regularly updated, and the company reserves the right to change them from time to time. If a trip is canceled or postponed due to flight delays/cancellations or other travel delays, Protrek Adventure will not be liable for any compensation or additional costs incurred. Payments are non-refundable for itinerary changes or alternate trips. Prices mentioned do not include applicable government taxes. Protrek Adventure reserves the right to impose surcharges on any booked services for reasons arising from increases in transportation costs, fuel costs, taxes or fees chargeable for other services, local operator costs, currency and exchange fluctuations, or government action that impact the price of the applicable services and will provide notice to you as soon as possible. There might be temporary offers and promotions running and the company reserves all rights to introduce or withdraw any offer or promotion at any time without any prior notice. However, those who have already booked using any promotion or offer would not be affected.
Validity, Flexibility and Unused Services
All dates, itineraries and prices of trips are subject to change at any time due to a variety of circumstances, including, but not limited to; permit availability, snow condition, weather conditions, natural disasters, local situation; and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms. You acknowledge that you are responsible for keeping up to date on the specific details of your trip and services. The schedules, routes, accommodations, activities, amenities and modes of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Protrek Adventure (including but not limited to; Force Majeure, illness, mechanical breakdown, flight cancellations, bad weather conditions, strikes and local events). No reimbursements, discounts or refunds will be issued for services that are missed or unused due to no fault of the Tour Operator – including but not limited to; vehicle delays, mechanical breakdowns, flight cancellations, bad weather conditions, illnesses and health conditions, personal reasons, political events, and also including your removal from a Trip because of your negligence or breach of these Terms.
Cancellation and Refund Policy
If you wish to cancel your trip, please email us at [email protected]
Cancellations are processed only by email and refunds for the same are as follows:
Cancellations prior to 45 days from the start of the trek—90% refund of the full trip price
Cancellation between 45 days and 20 days to the start of the trek—50% refund of the full trip price
Cancellation less than 20 days to the start of the trek—no refund
NOTE:
In case the client decides to cancel his/her trip, at any time between booking and the time of the trip, some deduction will be made to the advance amount. Such regulation is born out of the company’s obligation to pay a certain amount for personnel and resources while booking them. Once the money is deposited in the Business bank account, the National Government Bank charges various taxes such as TDS (Tax deduction at source). As a result, all refundable amounts will be processed after deducting the processing charge of the National Bank. All refunds will be processed in accordance with the above cancellation policy. No refunds will be made if you voluntarily leave a scheduled trip for any reason after the trip has begun. Refunds will be at the discretion of the company if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, flight, transportation, sightseeing, meals or services not utilized. Please note that cancellation policy is subject to change. If Protrek Adventure cancels a departure which is guaranteed to run, we would be happy to suggest an alternative trip, or postpone the trip for the same value without any additional charge and the decision will be made by the tour operator. Protrek Adventure reserves full right to cancel any trip, including a guaranteed trip, prior to departure due to reasons beyond its control (i.e.: natural disasters, strikes or political unrest, industrial action, wars, riots, sickness, quarantine, government intervention, weather conditions, or other untoward occurrences). In such a case the company is not responsible for any additional expenses incurred by you while preparing for the trip (for example: non-refundable advance purchase air tickets, clothing, equipment, medical expenses, etc.)
Trip Booking
To make a booking, you can contact us through email/phone, or directly through our website www.protrekadventure.com. The person making the booking must be 18 years old or over and must possess the legal capacity and authority to make the booking. If a participant makes a booking on behalf of other members or a team, the rest of the members also consent and acknowledge the acceptance of these terms and conditions mentioned in this agreement. Names and identity proof provided by you must be legally valid and self-attested.
Trip Payments
A deposit of 10% to 30%, depending on the specific trip, is required to confirm your booking. The remaining balance is to be paid upon your arrival in Kathmandu, preferably in cash (USD or other major currencies), which will be collected by our trip leader or field director. For payments made in other currencies, the balance will be calculated based on the exchange rate on the payment date, including any applicable conversion fees. If you prefer to pay by credit/debit card or online payment system, a 13% fee will apply to cover local taxes and transaction fees, plus any applicable card processing fees. An updated invoice will be provided within 24 to 48 hours of receiving an online payment. For bank transfers, confirmation of payment will be sent once funds are received and verified. Please note that any additional payments beyond the deposit will be subject to the 13% fee unless paid in cash in Nepal.
Full Payment Requirement
To ensure a seamless and well-coordinated experience, we require that all outstanding payments, including the full balance of the trip cost, be cleared before the commencement of the trip or expedition. Failure to settle the full payment before the trip start date will result in the cancellation of your booking, and no refund will be provided for the deposit or any payments made. In the event of non-payment by the deadline, any subsequent payments made after the trip has commenced will be deemed ineligible for a refund, as we will have already incurred substantial costs for accommodations, permits, and logistics. We are unable to offer any flexibility or refunds for late or partial payments.
Trek Physical fitness
Our trips take place in remote areas where limited or no sophisticated medical facilities exist. A medical emergency situation is extremely unlikely, however, should it arise we are armed with the information to help you. We operate in often extreme and inhospitable terrain and most of our treks demand a fairly high degree of physical fitness and health. Trips vary in duration from one to eight weeks. Participants must be in good health and physical condition. You agree to accept responsibility for any and all costs associated with any illness, injury or other medical condition that may happen to you during the trek. Protrek Adventure reserves the right to deny you permission to continue on a trip at any time, if we determine that your physical or mental condition renders you unfit for the trek or you represent a danger to yourself or others. And such situations may require you to return back at your own risk and expenses. Our treks can be physically demanding and prior physical conditioning is strongly recommended.
Health Information
It is vital that participants with pre-existing medical problems or conditions make these known to Protrek Adventure at the time of booking. Medical and evacuation expenses are the responsibility of the participant. It is also important that you consult your doctor for vaccination and other medical requirements for your trip before you depart. Protrek Adventure reserves the right to require a medical certificate prior to booking your trip or departure, or a disclaimer form to be filled on your arrival day. Your personal safety is of paramount importance to us. Therefore, it is imperative that you inform us in writing at the time of booking of any condition, whether medical or otherwise, that requires special care or attention and might affect your experience or that of others during the event. If you have any past or present medical condition, it is your responsibility to give details at the time of booking trip and also carry sufficient supplies of medication needed for the condition while on trek. All minor and major medical conditions, previous surgeries and other health conditions must be notified, particularly ones that may occur or be accentuated if strenuous and physically demanding exercise is taken. You understand that by giving false information you could endanger both your own safety and that of others on the trip. You also take responsibility for ensuring you have sufficient supplies of medication needed for your current medical condition and for any condition which you have had previously which may reasonably be expected to recur.
Risk Factors and Awareness
You acknowledge that the trek entails known and unanticipated risks, which could result in physical injury, illness, death, damage and accidents. You are fully aware of the inherent risks and understand that such risks cannot be eliminated and are an inherent part of the activity. The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; the forces of nature, weather changes, earthquake and avalanche; the risks of exposure to insect bites and numerous diseases, digestive tract infections and ailments; the risk of altitude and cold including hypothermia, acute mountain sickness, cerebral and pulmonary oedema; one’s own physical condition, and the physical exertion associated with this activity, all complicated by the potential lack of rescue, including unavailability of light aircraft and no helicopter rescue. Equipment being used may malfunction, wear-out, break, be lost or inadequate in spite of efforts and care being taken. You accept that your participation in our trips is purely voluntary, and you are fully aware of the risks, and you elect to participate in spite of the risks. In case of any accident, illness, or injury, you will not hold Protrek Adventure wholly or partly responsible.
Age Requirement
Anyone under the age of 18 is considered to be a minor and unless otherwise indicated in the Trip description or by Protrek Adventure, the minimum age for minors travelling on any Trip is 12 years. All bookings with a minor are subject to review and approval by Protrek Adventure. Minors must always be accompanied by an adult, who will also be responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable destination. The accompanying adult is jointly responsible for the behaviour, wellbeing, supervision and monitoring of such minor(s). You also accept these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability.
On-Trip Behavior
The tour leader or local ground operator who represents Protrek Adventure has overriding authority on our trips. By signing our booking form, you agree to adhere to this. If you commit any illegal act during the trip or, in the opinion of the trek leader or ground operator, your behavior is disruptive, threatening, abusive, or harassing, causes unnecessary inconvenience, or is likely to cause damage to property, danger, distress, or upset, disturbance or annoyance to others, or puts any traveler or staff at risk, whether on the phone, in writing, or in person, we may terminate your trip without any liability on our part.
Harassment and Group Dynamics
In any of these circumstances, no refunds or compensation will be paid, and we will not be responsible for any costs or expenses you incur thereafter. This includes situations where harassment occurs due to flight delays, weather issues affecting flights, or personal outcomes like failing to summit. Traveling within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. Protrek Adventure reserves the right to decline, accept, or retain any person as a member of the group at any time. Additionally, issues such as failing to follow safety protocols, disregarding guide instructions, or violating any agreements made prior to the expedition will result in immediate termination of the trip. You agree to strictly adhere to the discipline of the program and abide by the directions of the organizing authorities or their nominees at all times and shall not deviate from the set expedition route.
Trek Insurance
Adequate and valid travel insurance is a mandatory requirement for all international participants and the same should be obtained before the date of departure. It is advisable, though not mandatory, for the domestic participants also to get themselves adequately insured. Insurance taken, must cover you fully against repatriation costs should you become too ill to continue with the tour and must, above all, cover the evacuation of yourself from remote regions, should the need arise. Therefore, we can recommend you use an insurance package through a reliable company in your home country. Appropriate insurance that will cover medical and personal accident risks, air ambulance and helicopter rescue services is highly recommended. You must ensure that the policy you take provides an adequate level of protection and covers you for the activities involved. Any additional expenses incurred, that of porters, vehicle, ambulance, hospitalization, or any other expense incurred for evacuation, would be covered by the participant. It is the responsibility of each trekker to ensure that he/she is adequately insured for the trek, including activities undertaken, and the altitude. Protrek Adventure cannot be held responsible for any loss arising from your failure to ensure having necessary insurance cover for all activities involved.
Third Parties
Protrek Adventure contracts with a network of companies, government agencies and individuals, to assist in the running of its treks/expeditions and to the best of our knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, Protrek Adventure will not be held liable for any injury, damage, loss, negligence, delay or irregularity that may occur due to the behaviour of these third parties. Protrek Adventure acts only as agents for hotels, transportation companies, land operators and suppliers of travel services. We assume no responsibility or liability in connection with the operation or service of any aircraft, motor vehicle, other conveyance, restaurant, teahouse, inn, lodge or hotel which may be used wholly, or in part, for services to us, and our clients. Our operators, agents will not be responsible for any act, error, omission, nor for any injury, loss accident, delay, inconvenience, irregularity or damage which may be occasioned by any cause whatsoever. This includes acts of nature, civil disturbance, crime, terrorism, government restrictions or failure of any means of conveyance to adhere to published schedule.
Photography Rights
During all our trips, pictures and videos may be taken and such content may feature you in many cases on our social media platforms. Unless otherwise specified by a participant, we will consider permission granted to use such creative content for marketing and future publications. Participants who require pictures and videos are advised to book a package with us that includes a personal photographer for the entire duration of the trip. Content created by our Protrek Adventure staff, guides, and expedition leaders is copyrighted footage.
Acceptance of Risks
You acknowledge that adventure travel may involve a significant amount of risk, and you assume responsibility for all such risk and release Protrek Adventure from all claims and causes of action arising from any losses, damages, injuries, illness or death resulting from risks inherent in travel. Standards of hygiene, accommodation and transport during the trips are lower than the standards you may get in your home region. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions. You must at all times strictly comply with all applicable laws and regulations of respective regions. Should you fail to comply with the above or commit any illegal act when on Trip or, if in the opinion of the Tour Operator, your behaviour is causing danger, distress or material annoyance to others, Protrek Adventure may terminate your continuing in the trip immediately. You will return on your own risk and expense, without any liability on our part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, flights, accommodations, meals, and incidentals. You are responsible for any costs incurred by Protrek Adventure for property damage, destruction or theft caused by you while on a Tour.
Disclosure of Information
Your personal information is completely safe with us and it will be used only for the purpose it was intended. But, if we have reason to believe that a User of Website is in breach of the Terms of Use, TOS or any other agreement with us, then we reserve the right to make public or otherwise disclose such user’s information in order to pursue our claim or prevent further injury to us. You allow us to disclose your personal information, if disclosure is required by law or it is related to judicial or governmental investigation or proceedings.
Acknowledgment of Terms
By making a deposit, you acknowledge and agree to be bound by our terms of service. We reserve the right to modify or amend these terms at any time, with the most current version always available on this page. Should you have any questions or require clarification regarding our policies, please contact us for further assistance.