Terms of Services
1. Introduction:
Welcome to Eight K Expeditions Pvt. Ltd. (“Eight K Expeditions”). These Terms of Service (“Terms”) govern your participation in our adventure activities, including but not limited to hiking, trekking, peak climbing, mountaineering expeditions, mountain biking, and helicopter tours. By using our services or participating in any of our expeditions, you agree to be bound by these Terms. We encourage you to read them thoroughly and reach out to us with any questions or concerns before proceeding.
2. Release of Liability and Waiver Agreement
2.1. Acknowledgement of Risk:
By participating in an expedition with Eight K Expeditions, you acknowledge that engaging in mountaineering, trekking, and other adventure activities with Eight K Expeditions involves inherent and unpredictable risks. These include, but are not limited to, physical injuries, sudden weather changes, altitude sickness, and various unforeseen circumstances that may arise during the course of the expedition. You acknowledge that you have carefully reviewed and understood the risks involved in participating in our activities. Your participation signifies that you willingly accept these risks with full awareness of their potential consequences.
2.2. Non-Exhaustive List of Risks:
Participants may encounter a range of potential hazards, including but not limited to:
- Navigating uneven and treacherous terrain
- Rockfalls, icefalls, and avalanches
- Wildlife encounters and insect bites
- Altitude-related illnesses such as hypothermia, frostbite, acute mountain sickness, and cerebral or pulmonary edema
- Equipment failure or malfunction
- Travel in remote locations with limited access to emergency services
- Adverse weather conditions and sudden environmental changes
2.3. Assumption of Risk:
By choosing to participate in our expeditions, you fully acknowledge and assume responsibilities of all associated risks, whether or not they result from the negligence of Eight K Expeditions, its staff, or its representatives. Your decision to join the expedition is entirely voluntary, and you do so with an understanding of these potential risks.
2.4. Medical Examination:
To ensure the safety and well-being of all participants, a thorough medical examination is required prior to the expedition. This examination must confirm that you are both physically and mentally fit to undertake high-altitude trekking and mountaineering. A medical certificate from a qualified healthcare provider may be requested as proof of your fitness.
2.5. Responsibility for Rescue Costs:
In the event of an emergency that necessitates rescue or evacuation, you will be fully responsible for covering all associated costs. These expenses should be anticipated and adequately insured against through comprehensive travel insurance.
2.6. Consent to Medical Treatment:
In case of an emergency, you consent to receive any necessary medical treatment as determined by the expedition leaders or medical professionals. This consent is given with the understanding that timely and appropriate care is essential for your safety.
2.7. Release, Waiver, and Indemnity:
You agree to release, indemnify, and hold harmless Eight K Expeditions, its employees, agents, and representatives from any and all claims, liabilities, damages, or expenses arising from or in connection with your participation in our expeditions, including those arising from any negligence on their part.
2.8. Insurance:
All participants are required to obtain comprehensive travel insurance that covers a wide range of potential risks, including personal injury, medical expenses, evacuation, trip cancellation, and other related contingencies. This insurance must be valid for the entire duration of your participation in our activities.
2.9. Governing Law and Dispute Resolution:
These Terms are governed by and construed in accordance with the laws of Nepal. Any disputes or claims arising out of or in connection with these Terms or your participation in our activities shall be subject to the exclusive jurisdiction of the courts of Nepal.
3. Medical Certificate:
Participants must provide a valid medical certificate confirming their fitness for high-altitude trekking and mountaineering. This certificate should be issued by a licensed medical professional and must attest to your physical and mental suitability for the activities planned. Failure to provide a satisfactory medical certificate may result in the denial of participation in the expedition.
4. Payment:
To secure your booking with Eight K Expeditions, a non-refundable deposit is required. The amount and due date for the deposit will be specified at the time of booking. The remaining balance must be paid by the deadline indicated in the booking confirmation. Failure to make the final payment on time may lead to the cancellation of your booking, and the deposit will be forfeited.
5. Client Responsibilities:
Participants are responsible for ensuring their physical and mental fitness for the expedition. You must adhere to all rules and guidelines provided by Eight K Expeditions and comply with local laws and regulations during the trip. It is crucial to disclose any pre-existing medical conditions, disabilities, or allergies at the time of booking to ensure proper preparation and safety.
6. Changes and Cancellations
6.1. Changes by Rescheduling by Client:
Requests to reschedule must be submitted in writing via email at least 20 days before the original trip departure date. A rescheduling fee of USD 200 per person will apply. Rescheduling is subject to availability and approval by Eight K Expeditions.
6.2. Cancellations and Rescheduling by Client:
To cancel, you must provide written notice via email. For cancellations made 20 days or more before the departure date, 30% of the advance payment will be deducted, with the remainder refunded. Cancellations made less than 20 days before the departure date will incur a 100% cancellation fee, and no refund will be provided.
7. Use of Personal Information:
Eight K Expeditions is committed to safeguarding your privacy. Personal information collected during the booking process will be used exclusively for providing the services you have requested and will not be shared with third parties without your explicit consent. Additionally, by participating in our expeditions, you consent to Eight K Expeditions using images or videos of the Participants taken during the trip for promotional and marketing purposes without further compensation.
8. Emergency Contact Information:
Participants must provide emergency contact information during the booking process. This information will be used only in case of an emergency related to the expedition.
9. Force Majeure:
Eight K Expeditions shall not be held liable for any failure to perform its obligations under these Terms if such failure is due to events beyond its control, including but not limited to natural disasters, war, civil disturbances, pandemics, or governmental actions.
10. Equipment Use and Responsibility:
Participants are responsible for the proper use and care of any equipment provided by Eight K Expeditions. Any loss or damage to equipment will be charged to the participant.
11. Participant Conduct:
Participants must adhere to the conduct guidelines provided by Eight K Expeditions. Failure to comply with these guidelines, including engaging in behavior that jeopardizes safety, may result in termination of participation without a refund.
12. Environmental Responsibility:
Participants must respect and follow guidelines for minimizing environmental impact, including adhering to Leave No Trace principles. Failure to do so may result in penalties or additional charges.
13. Health and Safety Protocols:
Participants must follow any additional health and safety protocols implemented by Eight K Expeditions, including any that may be required in response to health crises (e.g., COVID-19).
14. Complaints:
Any complaints or issues during the expedition should be reported to Eight K Expeditions staff immediately to allow for prompt resolution. Complaints made after the conclusion of the expedition may not be considered.
15. Severability:
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
16. Amendments to Terms:
Eight K Expeditions reserves the right to amend these Terms at any time. Any changes will be communicated to participants, and continued use of services will constitute acceptance of the revised Terms.
17. Acceptance and Acknowledgement:
By making a booking for participating in our expeditions, you acknowledge that you have read, understood, and agreed to these Terms of Service. Your participation indicates your acceptance of all terms and conditions outlined herein.