CLIENT SERVICES AGREEMENT
Hikeup Nepal Pvt Ltd (hereafter “Operator”)
Before booking travel arrangements with Operator, Operator requires each client (“Client”) to agree to the following client services agreement (the “Agreement”). Please read this Agreement carefully.
This agreement creates a contractual relationship between Operator and you, the client in the vacation package provided by Operator, after reading this entire agreement, in order for your travel or vacation package reservation to be completed, you must indicate your understanding and acceptance of this agreement.
By signing or accepting this Agreement or by undertaking any other affirmative action manifesting an intent to engage Operator, including providing Operator with credit card or billing information to be charged for any services made available by Operator, Client accepts and agrees to be bound and abide by the Agreement. If Client does not want to agree to the Agreement, Client must not take any of the aforementioned affirmative steps and may not utilize any paid services offered by Operator. For the avoidance of doubt, any digital signature to the Agreement or otherwise accepting or agreeing to the Agreement shall constitute acceptance of the provisions herein.
1. Limits on Operator’s Responsibilities
Operator and its affiliates, owners, officers, agents, employees, contractors and subcontractors (hereafter in this paragraph “Operator”) purchase transportation, hotel accommodations, restaurant services, and other services from various independent suppliers that are not subject to Operator ’S control. Operator , nor any associate organization, agent, employee, contractor, or subcontractor shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment, or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to (a) by the act, neglect or default of Operator , owners, officers, agents, employees, contractors and subcontractors, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
In addition, Operator cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of Operator. In no event will Operator be responsible for incidental, consequential or special damage or loss suffered by any person. Operator ’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Operator for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, Operator is not acting as principal but only as agent for the companies, LLCs, or persons providing or offering the means of transportation and accommodation. To the extent Operator shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation.
2. Reservations & Payments
Deposits and all payments may be made by cashier’s check or credit card (Visa, MasterCard, American Express, Union pay and Discover) on any journey from Operator.
Deposit schedules are for journey costs only and are as follows:
At time of reservation: 30% of the total cost
Тhe remaining amount is paid 30 days before departure or in cash on the day of arrival in the country, unless otherwise indicated*
*Due to financial commitments, some journeys may require final payment 90 days before departure. Journeys with special events may require additional deposits and may be subject to alternate cancellation terms as indicated in the detailed itinerary. If you make your reservation less than 60 days prior to your scheduled departure, full payment will be collected at the time of booking.
3. Evolved Expedition Planning Fee
Creating a personalized, private journey is very time-intensive and requires a planning fee to initiate. The fee schedule is as follows:
Outside of 30-Days: $ 100*
Within 30-Days: $ 200*
This non-refundable planning fee will automatically be credited toward the final payment of your trip.
After receiving your planning fee, we will prepare a draft itinerary and review with you all the logistics and provide you with a total cost estimate.
4. Cost of Journeys
Each journey is different, and you should refer to your individual itinerary as a guide for what costs are included in your specific trip.
Hotels: Based on availability, Operator offers luxurious or the best available room, included in the cost of the journey. Single rooms must be reserved in advance at a supplementary cost.
Meals: Meals are only included when agreed separately..
Travel Director: Some journeys will include the services of a travel director, who will manage all matters pertaining to the journey operation.
Sightseeing: English-speaking guides are included in the price of the trip, if indicated in the itinerary, including entrance fees to the places visited. Air-conditioned and 4WD vehicles are used when available.
Luggage: The possibility of carrying baggage, the conditions and payment for the carriage of baggage must be specified separately at the time of booking..
Transfers: Group or individual airport transfers on arrival and departure flights are NOT included in the cost of the journey.
Costs not included in the journey are: Air transportation; airport taxes; passport and visa expenses; laundry, alcohol, and all items of a personal nature; expenses of guides, buses or cars for sightseeing not included in the itinerary; excess baggage charges; health, accident, baggage, and trip cancellation insurance; expenses incurred in recovering luggage lost by airlines, belongings left behind on a tour, and/or in shipping purchases or other goods home from abroad; gratuity to the hotel, cruise, train and restaurant staff as well as local staff and drivers for normal on-journey services or for any personal services when not specifically listed under tour inclusions; gratuity to the travel director; expenses due to the delay or interruptions of a trip for any reason, including but not limited to Force Majeure events, as defined below; expenses and costs due to quarantine, refusal or interruption of service by third parties, or border closures/restrictions. and other items not mentioned as being included.
5. Passports / Visas
Clients will be required to submit a color copy of their passport and/or other requested legal identification to Operator. You are responsible for obtaining any travel documents and/or verifying entry requirements necessary for each country of travel and/or transit on your selected itinerary. Entry laws differ with respect to each traveler’s citizenship. Operator cannot obtain personal travel documents for customers or assume responsibilities for notice of countries’ current requirements. You are responsible for any expenses incurred as a result of the delays or itinerary changes related to your lack of appropriate travel documents. Additionally, Operator is not liable or responsible for any Client being denied entry or exit to or from the travel destination based on lack of adequate documentation or required immunizations.
6. Pricing & Changes
Prices include all items noted above and are based on current rates of exchange at the time of trip proposal and/or confirmation. Operator reserves the right to increase tour prices and without notice to withdraw any part or the entire trip and to make such changes as may be necessary, and the resulting extra cost, if any, shall be paid by the guests.
There may be occasions where Operator may need to alter or modify Client’s trip components based on vendor operating days or changes in availability; such changes are generally considered minor changes in the itinerary and shall not be considered nonconformance under this Agreement. In the event that Client desires to alter, modify, postpone, or reschedule a trip or its components, Client shall not be entitled to a refund and all refunds will be at the sole discretion of Operator.
7. Unused Services
If you make any changes to any portion of your journey after you have departed, such changes will be completely at your own expense. Refunds are not available for services provided in the journey prices not utilized by you.
8. Cancellation Policy
The cancellation policy is applicable to all Operator journeys. The written notice must be received by certified mail, fax, or email.
Cancellation fees are as follows:
Cancellations tour or service received 90-61 days prior to departure: 10% of the price per person.
Cancellations tour or service received 60-31 days prior to departure: 50% of the price per person.
Cancellations tour or service received within 30 days prior or en route: 100% of the price per person.
Only 1 transfer of the tour and / or service is allowed.
Once Operator has accepted deposits for a Client’s journey, the departure is guaranteed, except in case of “Force Majeure” events, including but not limited to fire, earthquake, labor dispute, act of a public enemy, public health crisis, death, illness, or incapacity of a Operator employee or independent contractor or any local, state, federal, national or international law, governmental order or regulation, any major events that adversely affect international travel patterns or events that endanger travelers, or any other event beyond Operator ’s control.
Operator does its best to operate all journeys planned or listed but many operational circumstances and program aspects are outside of our control, and as such, we reserve the right to cancel a program for any reason. Should a program be canceled or inoperative we will inform you as soon as possible about the cancellation. If Operator cancels for any reason, Client may be given a partial refund, not including the Initial Deposit, at the sole discretion of Operator based on the circumstances. Operator is not responsible for additional expenses that may occur as a result of the cancellation, such as airline cancellation fees, visa fees, vaccinations, purchases of clothing or equipment for the canceled program or other expenses. Note that if Operator alters, modifies, postpones, or reschedules Client’s journey or offers Client a travel credit or partial refund, such action does not constitute a “cancellation” of Client’s journey by Operator.
Upon cancellation of services, Operator reserves all rights under this Agreement. Client shall assume responsibility for all legal fees necessitated by default in payment. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
9. Travel Protection
The client is obliged to independently take care of the insurance, which will correspond to the complexity of the trip. Particular attention should be paid to travel above 3500 meters at sea level, climbing, expeditions and elements of extreme sports. The client may be denied a trip at any time, even with full payment, if it turns out that when trekking above 4000 m, climbing, expeditions, extreme sports — he does not have insurance with the appropriate coverage (special attention is paid to the possibility of evacuation by helicopter). The operator is not responsible for such fatal and accidental cases, is not responsible for the repatriation of the body to its homeland, cremation, the arrival of a relative, treatment, etc.
10. Unforeseen, Unavoidable Changes Due to COVID-19
Should Client experience an unforeseen, unavoidable change in travel due to the COVID-19 pandemic (for example, if a Client contracts COVID-19 while on their trip and is required to quarantine, resulting in changes to the itinerary), Client should notify Operator as soon as possible. However, Operator does not guarantee its availability or ability to address any COVID-19 emergency for Client. In the event that Operator is unavailable, unable to help, or time is of the essence, Client should contact their nearest embassy for the country in which they hold citizenship. Additionally, some travel operators or excursion/experience providers may charge additional fees for any extra care/time needed to make last-minute arrangements due to COVID-19 emergencies. These operators and providers are third parties and as such, Operator has no control over the fees assessed.
11. Eligibility
All guests are expected to be in good health. We consider our journeys to be active. Moderate to strenuous exertion, including long walks and climbing stairs is sometimes an integral part of your journey. Riding in four-wheel-drive vehicles on rough terrain or unpaved paths can aggravate back conditions. Flying aboard small aircraft is required in many areas.
The client understands and confirms that he undertakes to comply with all the requirements and recommendations of the guide without fail.
In case of deviations in the health of the Client, he is obliged to inform the Operator and / or the guide provided by the Operator about this.
12. Health & Inoculations
Immunization requirements vary from country to country. Additionally, we strongly suggest you have a complete physical since some itineraries include areas of high altitude and extreme temperature fluctuation. Bring this to your doctor’s attention. Required inoculations, if any, must be recorded by the traveler’s health practitioner on a valid vaccination certificate which the traveler must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs.
The Client undertakes to notify the Operator if the Client has chronic diseases and injuries in the last 2 years, pregnancy and any other illnesses and injuries that may affect the tour.
13. Researching Your Destination
Operator has no special knowledge regarding any possible unsafe conditions, health hazards, weather hazards, or climate extremes at destinations to which Client may travel. As such, Operator encourages all clients to plan accordingly and do their research in preparing for their travel.
14. Acknowledgement Of Risk
You understand and acknowledge that your travel in connection with and participation in the vacation package arranged at your request by Operator may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers, or agents of Operator or the negligence or participation of other participants, contractors, and/or subcontractors to Operator. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that the international location of any given trip may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Client’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with Operator , as well as the dangers of serious personal injury, death, and property damage resulting from, but not limited to: travel; physical exercise and exertion; physical contact with other travelers or third parties; communicable illnesses, including but not limited to COVID-19; severe allergies; animal or insect-borne illnesses; falling or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with travel; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to dining, including, but not limited to, food sickness, allergic reactions, and/or choking (collectively the “Injuries and Damages”). You fully understand and acknowledge that the aforementioned Injuries and Damages are potential in connection with recreational activities that may take place during your trip.
Client further acknowledges and understands that these Injuries and Damages cannot be entirely eliminated. Client fully understands and agrees that Operator has not tried to contradict or minimize their understanding of these risks. Client understands that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of Operator or third-party service providers, either as a result of negligence or because of other reasons. Client understands that third parties, including third-party service providers, cannot necessarily be controlled, and that Client’s safety, physical health, or emotional wellbeing cannot be guaranteed while traveling and participating in related activities.
15. Express Assumption of Risk and Responsibility
In acknowledging the foregoing acknowledgment of the risk section, Сlient confirms their understanding of the following: you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this vacation package in spite of the potential risk of Injuries and Damages, and you willingly and voluntarily assume full responsibility for any Injuries or Damages suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of Operator .
16. Release of Liability
In consideration of the services and arrangements provided by Operator , you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold /harmless, and agree to indemnify Operator , and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled vacation package and any activities conducted in conjunction therewith. you specifically understand that you are releasing, discharging and waiving any claims or actions that you may have presently or in the future for the negligent acts or conduct of the owners, directors, officers, employees, agents, contractors or subcontractors of Operator.
17. Important Notice Regarding the Physical Nature of Each Journey
18. Express Waiver of Any Right to Seek Consequential, Punitive or Exemplary Damages
Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive, or exemplary damages against Operator, its owners, officers, director, agents, contractors, subcontractors, and employees, for any reason whatsoever.
19. Third Party Performance
Operator shall make best efforts to produce successful Services for Client, but Operator makes no representations, guarantees, or warranties as to the effectiveness or performance of the Services delivered. Client shall indemnify and hold Operator harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any third-party service provider’s wrongful or negligent acts or omissions. In the event of any changes by third-party service provider that materially affect the delivery or performance of Operator ’s Services contemplated by this Agreement, Operator shall provide notice to Client and make every effort to work with the Client to find an acceptable alternative to the third-party service provider or find a replacement service at the same or similar cost. If such a situation should occur and a suitable alternative or replacement is not found, responsibility and liability of Operator is limited to the return of payments received for the specific portion of the Services affected. The Client agrees to not unreasonably withhold approval of an alternative.
20. Satisfaction
The obligation of Client to make payment to Operator according to the terms of this Agreement is not conditioned on Client’s satisfaction with the proceeds of any Services under this Agreement. Client understands and expressly agrees that delivery of the Services under this Agreement shall obligate Client to make payment and payment shall not be withheld due to subjective dissatisfaction.
21. Non-Assignment
Client may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without Operator ’S prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
22. Severability
The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
23. Waiver
Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in /any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
24. Notice to Client: Disclosure of Right to Prompt Refund in the Event of a Cancellation
Upon cancellation of the services, where the Client is not at fault and has not canceled in violation of any terms and conditions clearly and conspicuously communicated to the Client previously in any signed document, including but not limited to this Agreement, all sums paid to Operator for services not provided will be promptly paid to the Client after cancellation minus bookings made by the Operator that were made prior to cancellation.. This provision does not apply where Operator has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, Operator will provide the Client with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
25. Entire Agreement
Except as otherwise expressly provided to the contrary, the rights herein granted, and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing, or other sales literature or activities of Operator, and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
I, THE CLIENT, HAVE READ THE ABOVE-MENTIONED PROVISIONS, WARNINGS, ACKNOWLEDGEMENT OF RISKS & RESPONSIBILITY, AND RELEASE OF LIABILITY AND AGREE WITH ALL TERMS OF THIS AGREEMENT.