Terms And Condition - EB Trips

Details Medical Fitness (DMF) Form

By you completing our DMF Form, submitting it to EB, and EB’s acceptance of it by written reply, you agree to the terms and conditions contained in this document to the exclusion of all other terms and conditions not in this document, unless they are set out in the DMF Form, and/or otherwise agreed to in writing by you and EB (the parties).

Price

The price of the Trip is outlined in the Trip Notes or has otherwise been notified to you in writing (e.g. by email or on EB’s website).   The inclusions and exclusions for the Trip are listed in the Trip Notes. The price is quoted in US dollars and is payable by cash, credit card or by direct deposit into EB’s nominated bank account.   You will be responsible for all bank charges that may be levied on direct deposits or credit card payments. EB reserves the right to levy a surcharge on credit card payments, however, this will be notified to you before any surcharge is levied or any credit card payment accepted.   Every endeavor will be made by EB not to change the Price. However, if there is a change to the exchange rate or local conditions, EB reserves the right to change the Price.

Transfer

If you book for this Trip and decide to transfer to another Trip then EB will agree to transfer your payment across to the new trip provided that your written notice of the change is received no later than 90 days prior to the date that the Trip you initially booked was due to commence or such other date as EB in its discretion may agree.

Cancellation by EB (trip numbers)

EB may cancel the Trip if it considers that the number of persons booked on the Trip is insufficient for EB to run the Trip. You may not claim any costs, loss or damages (whether direct or indirect) from EB in connection 2 with any cancellation of the Trip for such reason, including for any time incurred or inconvenience suffered, gear purchased, flights booked or vaccinations obtained.   However, all or any part of the Price already paid by you will be refunded to you (less any administration, bank or foreign exchange fees that EB may incur in refunding the monies paid to you).

Cancellation or other changes by EB (other)

In the case of inclement weather, snowy or icy conditions, conditions that EB reasonably considers may make any Mountaineering part of the Trip (if applicable) unduly risky, or any political, military, terrorist threat or due to a variation to or introduction of a government travel warning after the date you book the Trip, EB reserves the right to change the start date of the Trip, the end date, the duration, the route, to cancel or postpone, or delay the Trip, if EB considers that there may be a risk to the safety of Trip participants, or if a third party providing services for the Trip fails to or is unlikely to provide those services if such conditions exist or may reasonably exist.   You acknowledge that in the event of any such change, cancellation, postponement or delay you have no right to claim any costs, loss, damages (whether direct or indirect) or refund from EB. You also acknowledge that EB is not obliged to inform you of any government travel warning that may apply and that you have or have had opportunity to check any government travel warnings that may be in place.

Trip Guides

EB will nominate a suitably experienced Guide(s) to lead your Trip. However, EB reserves the right at any time to 3 change the nominated Guide and replace that Guide with another suitably experienced Guide, including in the case of illness or subsequent unavailability of a nominated Guide.   You may not claim any costs, loss, damages (whether direct or indirect) or refund from EB for any change to a Trip Guide or any other staff engaged by EB for your Trip.

Exclusion from Trip (health and fitness)

If for any reason, the Guide, as nominated by EB, considers, in the Guide’s discretion, that you should not participate in the Trip for reasons associated with your health and fitness, despite you having obtained a medical clearance to do so, the Guide may exclude you from the Trip, either before or during the Trip.   If on such grounds the Guide excludes you from the Trip before the Trip commences, then any refund will be in accordance with condition 6 as if you had cancelled during the timeframes stated in that condition.   However, if the Guide excludes you from the Trip on such grounds after the Trip commences for any reason, no refund will be payable to you, except in the discretion of EB.

Exclusion from Trip (other)

The Guide may, in the Guide’s discretion, exclude you from the Trip if you engage in any illegal act, or the Guide considers that your behavior is or is reasonably likely to cause danger, distress or nuisance to any other participant on the Trip, including staff engaged by EB for your Trip.   In connection with such exclusion, you must follow the instructions of the Guide.   You will not be entitled to any refund of the Price (or any part of it) in connection with any such exclusion and it is a matter for you to insure for this, if you can, as you may consider appropriate.

Insurance

Insurance for you is not included in the Price. You acknowledge that it is your responsibility to make enquiries about and obtain and maintain appropriate insurance to cover you in connection with the Trip, if possible.   EB may ask you for your insurance details and you must provide those details to EB promptly but EB is not obliged to check that the insurance you obtain is reasonable, appropriate or covers you for all risks that may apply to you as a participant on the Trip.

Airlines, Flights

EB recommends that you obtain flexible flights for any Trip as sometimes Trips can be delayed due to events such as inclement weather and internal flights.   You are liable for any costs you may incur in connection with your flights should timing of your Trip change.   You may not claim any costs, loss or damages (whether direct or indirect) from EB in connection with any change to the Trip or your participation in the Trip resulting in you incurring additional costs in connection with your flights.

Assumption of Risk

You acknowledge that:
  • Adventure travel and Trips of the kind in which you are or will be participating are by their nature physically and mentally challenging and carry higher level of risk than a standard holiday, with potential exposure to risk of injury, death and loss to property;
  • For Trips involving Mountaineering: Mountaineering is inherently dangerous and, of itself, carries the risk of injury, death and loss to property;
  • Standards of accommodation, transport, healthcare, hygiene, safety and service providers are likely not to be as high in the region of the Trip as in your country of origin;
  • Your Trip will likely require you to travel on difficult and dangerous terrain, at high altitude, in extreme weather conditions, in remote locations with minimal or no telecommunications and with sudden changes to Trip arrangements, and political stability in the region of the Trip
  • There are inherent dangers associated with adventure travel, you have considered those dangers and, nevertheless, you have elected to participate in the Trip and accept all risk associated with your participation in the Trip, including risk of injury, death, and loss to property; and
  • EB is not liable for and you may not make any claim against EB for or in connection with the acts, omissions or negligence of third parties who may provide goods and/or services to EB or to you for the Trip.

Photos

If we take photos on the Trip in open areas and you are in them, you consent to us using the photos in our marketing material or on our website or social media without further reference to you or the requirement of any payment of any kind.

No waiver

A party will not be deemed to have waived any of its rights or remedies under these Terms and Conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

Additional costs

If you incur further costs on the Trip or ask us to incur costs on your behalf, you agree to pay to us those monies promptly following the end of the Trip.

Interpretation

  • ‘include’ or ‘including’ is to be read without limitation.
  • If any part of these Terms and Conditions are found to be illegal, unenforceable or invalid, then the relevant part will be severed unless to do so would cause the Terms and Conditions to be frustrated.

Prior dealings and variations

Any prior dealings between the parties and the terms and conditions that apply to those dealings do not apply to the Trip.   Any variation of these Terms and Conditions must be in writing and signed by both parties (or confirmed via email) and, in the case of EB, the signatory or person confirming must be duly authorised by EB to agree to the relevant variation.

Timing to Payment

Unless otherwise agreed in writing, the price is payable as follows:
  • 30% at the time you submit the DMF Form to EB; and
  • the balance, 70%, not later than 90 days prior to the first day of the Trip, or such other date as EB in its discretion may agree (e.g. Where you book the Trip closer to the first day of the Trip); or
  • if the DMF Form is submitted to EB within the 90 day period prior to the first day of the Trip, the Price is payable at the time the DMF Form is submitted, or such other date as EB in its discretion may agree.

Cancellation by you

Payments made by you for your Trip are forfeitable or refundable as follows:
  • If you cancel 90 days or more prior to the first day of your Trip – the full Price paid or payable by you is refundable or forfeitable to you, less any administration, bank or foreign exchange fees that EB may incur in refunding the monies paid to you.
  • If you cancel 60 days or more but less than 90 days prior to the first day of your Trip – 50% of the Price is refundable or forfeitable (or forfeited, if paid) to you (less any administration, bank or foreign exchange fees that EB may incur in refunding the monies paid to you) and the balance will be forfeitable (or forfeited, if paid) to EB.
  • If you cancel less than 60 days prior to the commencement of your Trip – 100% of the Price payable by you will be forfeitable (or forfeited, if paid) to EB.
  • The Trip Price is quoted as a package and no partial refunds will be made for any services not used or for any early exit by you from the Trip.   If any part of the Price is to be forfeited to EB but at the relevant time has not been paid by you then EB reserves the right to recover that amount from you as a debt due and payable.

Warranties and representations

You warrant and represent to EB that:
  • You are in good health and are mentally and physically fit at the time of booking this Trip;
  • You have disclosed every matter concerning your health and fitness of which you are aware or ought reasonably be aware and/or expected to know that is relevant to EB permitting you to participate on this Trip;
  • You will notify EB as soon as you become aware if your health and fitness is adversely affected in any way prior to the start of the Trip, or during the Trip so that EB can assess whether to permit you to participate or continue to participate in the Trip;
  • EB may disclose medical information about you to its consultant doctor (if applicable);
  • You have sought medical advice as to your suitability for this Trip or, you have elected not to seek medical advice for this purpose and wholly accept the risk of not having obtained such advice;
  • EB has not made any representations to you in connection with the Trip other than those contained in these Terms and Conditions or by EB to you via email (if applicable);
  • For Trips involving Mountaineering: You are fully aware that the Trip involves Mountaineering and you have satisfied yourself that you have the requisite skills and experience necessary for you to participate in the Trip or you will ensure that you have the requisite skills and experience prior to the first day of the Trip;
  • It may or may not be possible for you to insure 
yourself in relation to the Trip, including any Mountaineering aspects of the Trip and that you have satisfied yourself in this regard and confirmed, independent of EB, the adequacy of any insurance that you are able to obtain;
  • You have made all due and independent enquiries in order to inform yourself about the risks of adventure travel, trekking, Mountaineering and trips similar to the Trip; and
  • During the Trip, you will follow the instructions of the Guide(s) leading the Trip, noting that those instructions in many circumstances will relate to the safety and wellbeing of you and / or other participants on the Trip.

Information and Trip Notes

EB provides information and prepares Trip Notes in good faith. EB may make reasonable changes to any Trip itinerary, services or route having regard to timing of the Trip or for any reason considered necessary by EB or its Guides, or if EB receives advice to do so.

Travel documents

It is your responsibility to obtain the appropriate travel documents for entry to the country where the Trip is to take place.   EB will be responsible for applying for any climbing, trekking or trail access permits that are relevant to the Trip, only to the extent listed as inclusions in the Trip Notes.

Force Majeure

If EB is prevented (directly or indirectly) from performing any of its obligations under its agreement with you by reason of act of god, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war, terrorism, acts or omissions of a third party or for any other cause whatsoever outside of EB’s reasonable control, EB will not be liable for any costs, loss or damage you may suffer as a result and EB may cancel the Trip and condition 8 will apply.

Release and Waiver of Liability

In consideration for EB accepting your booking on the Trip and you being permitted by EB to join the Trip, to the extent permitted by law:
  • You indemnify and keep indemnified and release, discharge, waive, hold harmless EB and its officers, employees, agents, licensees, Guides and other representatives from all claims, actions, costs and losses (whether direct or indirect) which may arise out of or occur in connection with the Trip, whether arising or occurring before, during or after the Trip, including in relation to any negligence caused or contributed to by those listed above; and
  • You waive any claims you have or may at any time have against EB and its officers and employees and, as you accept the risks 
associated with your participation in the Trip, you agree not to make any claim against EB its officers and employees for any personal injury, property loss or any other loss you may suffer or incur in connection with the Trip.

Jurisdiction and Applicable Law:

Your booking, the Terms and Conditions, and the rights and obligations of the parties in connection with the Trip, are governed exclusively by the jurisdiction and law of Nepal and you and EB submit to the exclusive jurisdiction of the courts of Nepal.

Definitions

  • Agreement or agreement means the Details, Medical and Fitness Form and these Terms and Conditions, and any variation of them agreed to in writing by the parties
  • Guidemeans any guide engaged by EB for the Trip, whether as an employee, contractor or in any other capacity
  • Mountaineering includes the actions of walking, trekking, backpacking, and may involve ice climbing, rock climbing, mixed climbing, on terrain such as rock, ice and snow, and the use of ropes, picks, axes and other specialized equipment, all or some of which may occur at high altitude
  • Trip means an Expedition, Trek, Course (each as so named on our website) or other trip on EB’s website or as offered to you for which you have booked and any trip substituted for that trip in accordance with these Terms and Conditions
  • Trip Notes means the trip notes we have provided to you for the Trip
  • You or you mean you as the participant on the Trip and as a party bound by these Terms and Conditions.