Terms & Conditions for services provided by Thamserku Expedition

By completing and signing this booking form I/We (known here as the client/s) are agreeing with Thamserku Expeditions to the following Terms and Conditions. 

1. General:
   1. The information provided to me directly by the representative/s of Thamserku Expeditions and/or as contained on the website (www.thamserkuexpedition.com) is intended to be a fair representation of prevailing conditions and circumstances while, at the same time, intending to convey a required level of flexibility and adaptation by both parties to these terms.
   2. The expedition price for both the main and any additional (supplementary) service/s will have been mutually agreed prior to the commencement of the service to be provided.
   3. The agreed payment will have been made in full prior to the commencement of the services to be provided.

2. Payment/Cancellation/Curtailment/Postponement:

Refer to program, price and service agreement 

3. Liability
   1. Liability of the Company

The Company would be liable of a failure in the performance of the Contract only if such failure is due directly to a negligence of his staff.

3. 2. Exclusion of liability by the Company

The Company is not liable of a failure in the performance of the Contract for any other reason, in particular but not only, if the failure is due to:

1. 1. 1. • The Member himself/herself,
         • Or, a third party,
         • Or, any other unusual and unforeseeable circumstances beyond the Company’s control. Concerning the provision of domestic flights/transportations, the Member recognizes that he/she has been informed that Nepalese Airlines Companies/transportations are all on the black list of the European Community due to the insufficient supervision by the public authorities. The Expedition Services listed in the Contract might include a domestic flight/public transport with a Nepalese Company. The Member accepts that the Company will not suffer any liability in case of any damage incurred during a domestic flight/transportation.

3. 3. Maximum amount of liability of the Company

The liability of the Company is limited to two times the price paid by the Member for the climb Services.

4. Medical preparation/Travel Insurance and Safety Guidelines
   1. All Expedition participants are responsible for maintaining good health and strong physical condition.
   2. Every expedition members are required to have comprehensive travel insurance. This covers you for medical costs associated with hospitalization, emergency travel and repatriation back to your home country. 
   3. We strongly recommend visiting a doctor to discuss health requirements for your trip and obtain “fit to join” Expedition letter. Some vaccines need to be administered a few weeks before departure so allow plenty of time. Obtain a certificate of vaccination and carry this with you on this trip. A dental checkup is also highly recommended before departure.
   4. By accepting the contract,
      1. You declare that you are in the appropriate physical and mental conditions to participate to the expedition described in the specific terms & conditions.
      2. You accept that the risk incumbent to the activities can affect you and you understand that they cannot be eliminated.

5. Travel Insurance & Emergency Details:

As strongly recommended by Thamserku Expedition, the client/s agrees to effect what they consider to be adequate Travel Insurance to cover their person and their personal effects for the duration of the expedition(s).

The client/s must be satisfied that this insurance will fully meet personal expectations and requirements.

1. A photo-copy of the client/s’ travel insurance will be provided to Thamserku Expedition by the client/s.
2. The client/s emergency contact details (i.e., next of kin) will also be provided.

6. Legal Compliance:

The client/s agrees to comply with all legislation, visas, and immigration, customs and foreign exchange regulations; should there be any contravention by the client/s of the law of Nepal, Thamserku Expedition shall have the right to require the client/s to leave the expedition without recourse to refund.

7. Dispute/Claim Resolution:
   1. The Laws of the Federal Democratic Republic of Nepal shall govern the Contract
   2. In the event of a claim against Thamserku Expedition by the client/s the cause and the degree of the claim must be brought to the attention of Thamserku Expedition management at the first possible opportunity.
   3. The parties submit all their disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Courts of the Federal Democratic Republic of Nepal in Kathmandu
   4. Should it be a claim for compensation it is mutually preferred that any settlement be agreed while the client/s remain in Nepal and every effort is to be made to this end.
   5. In the event of issues unable to be settled in this timeframe then at least an agreed route for terms and criteria of settlement should be agreed and recorded.
   6. In the last resort matters and subject to Nepalese Law with jurisdiction in Nepal.

8. Client/s Assumption of Risk and Guarantee:

The client/s is aware that the mountaineering expeditions under the arrangements of Thamserku Expedition Pvt. Ltd and its subsidiaries, associates or agents, carry an inherent risk of injury or death. In particular, climbing in the Himalayas includes specific risks such as very high altitude and icefall climbing which may be exceptional compared with the client/s everyday norms. 

Our objective is to reduce this risk to the lowest possible level. However, a risk of accident remains; triggered by event such as, but not limited:

1. Rock fall, avalanche, serac fall as well as earthquake risk.
2. Travel by aircraft, car, coach, jeep or any other means of conveyance.
3. Accidents or illness in remote regions with little or no medical facilities and/or without means of speedy communication and/or evacuation.
4. Accidents caused by the forces of nature.

9. Member’s Obligations
   1. Security

The Member must follow strictly the instructions given by the company’s staff, in particular to the punctual for the start of any treks or climb and to respect the safety instructions at any time. The non-respect of instructions given by a Sherpa to the member may be considered as a serious breach of the contract due to the risk of injury or death not only to the member but also to other members and company’s staff. As such, such situation can lead to the termination of the treks or climb for the Members by the Lead Sherpa.

9. 2. Training

The member has to participate to any training session organized by the company’s staff during the course of the climb.

9. 3. Behaviors

Because the climb is organized around a significant group of people, a good behavior of each member and staff of the company towards each other is essential to avoid problems during the trek of climbing period. The member endeavors to have a respectful attitude to other team members and to the company’s staff at any time. A serious behavior problem by the member can lead to the exclusion of the trek or climb without any refund. 

9. 4. Information to the Lead Sherpa / Climbing Sherpas

The member will inform the lead Sherpa or any climbing Sherpas about any information related to his condition or the evolution of his condition that might affect his performance on the climb.

9. 5. Rescue Helicopter

The Member accepts that a Climbing Sherpa can call for a rescue helicopter in case of life threatening situation for the Member even if the approval of the Member’s insurance company is not obtained. In such situation, the Member accepts to support all related costs and to indemnify the Company or any cost resulting of the rescue.

9. 6. Gear

The Member should be equipped with a climbing gear suited for the climb. The Lead Sherpa or his representative will check the gear in Kathmandu before the start of the trek to Base Camp. If essential article are missing, the Member will be asked to make the purchase before the trek.

10. Miscellaneous
    1. Airline Responsibility

The air carrier will not be held responsible for any act, omission or event while the passenger is not on-board the designated aircraft or terminal conveyance. Passenger/Airline contracts stand in effect while the passenger is on-board each participants aircraft. This applies to all carriers.

10. 2. Language

The language of communication between the Company’s staff and the Member is English. If the Member is not sure of his/her understanding of instructions or information given by the Company’s staff, he must immediately inform the Lead Sherpa or a Climbing Sherpa. The Company cannot be held liable if the Member’s actions resulted from a misunderstanding of instructions and/or information given by the Company staff.

10. 3. Image Rights

The member agrees that the Company staff might be taking photographs and/or sound and/or videos recordings of the Member during the Climb for advertising, promotion, communication and training purposes on all types of media supports including, but not limited to, in brochures, films, website (in particular social networking) and newspapers. The Members grants full image rights related to the above throughout the world in perpetuity to the Company. Any and all of the Image Rights shall be freely assignable by the Company.

In consideration of the above, and as part of the payment for the right to participate in such mountaineering expeditions and treks or other activities and the services arranged by the aforementioned company and its subsidiaries, associates, agents and employees. I/We have and hereby assume all the above risks and will hold Thamserku Expedition blameless, and will defend them against, any and all liability actions, causes of actions, suits, debts, demands and claims of every kind and nature whatsoever which may hereafter arise out of or in connection with the trip or participation in activates arranged by the aforementioned company and its subsidiaries, associates and agents. This agreement shall serve as a release and as my stated assumption of risk and as guarantee by myself on behalf of myself and my heirs, administrators, executors and all members of my family including any minors whether accompanying me or not.