TERMS & CONDITIONS
WILD YAK EXPEDITIONS Terms and Conditions
Article 1 – General Provisions
1.1. Definitions:
Deposit: amount paid by the customer at the time of booking to confirm their participation.
Customer: any person who has booked a trip with WILD YAK EXPEDITIONS (men and women included).
Terms and Conditions (“TC”): all provisions governing the contractual relationship between WILD YAK EXPEDITIONS and its customers.
Departure date: the start date of the expedition or trip specified in the contract.
Emergency form: the specific WILD YAK EXPEDITIONS form for expeditions/trekking through which you confirm the terms and conditions regarding the steps taken by WILD YAK EXPEDITIONS in the event of an emergency.
Registration form: The standard form on which you indicate the trip you have chosen to undertake with WILD YAK EXPEDITIONS.
Medical form: the medical form on which you indicate your current state of health and any medical information relating to you that WILD YAK EXPEDITIONS needs to know.
Leader: the group leader, expedition leader, designated by WILD YAK EXPEDITIONS.
We/our/ours: WILD YAK EXPEDITIONS
In writing: includes letters, emails and faxes
Price: the price of the service provided by WILD YAK EXPEDITIONS
These provisions: General Terms and Conditions
Payment procedure: the payment terms indicated in the programme of your choice
Sherpa: used to refer to Sirdar and expedition sherpa
Sirdar: expedition sherpa leader, Leader
Third party: the person to whom you transfer your booking made with WILD YAK EXPEDITIONS
You/your: the customer or participant in a trip with WILD YAK EXPEDITIONS (male or female)
Trip: the expedition, summit, trek, luxury and/or cultural trip, experience, or any service provided by WILD YAK EXPEDITIONS for which you have registered with WILD YAK EXPEDITIONS
WILD YAK EXPEDITIONS (hereinafter: WYE): WILD YAK Sàrl, with its registered office at 1926 Fully, Valais – Switzerland
1.2. Scope
These General Terms and Conditions govern all contractual relationships between WYE and its customers for the services offered by WYE. In the event of any discrepancies in information, these General Terms and Conditions shall prevail.
Article 2 – Formation of the contract
2.1. Registration
In order to participate in one of WYE’s trips, the customer must submit the duly completed and signed registration form to the WYE office. By submitting your registration, you enter into a contractual relationship with WYE, which is effective upon written confirmation by WYE. Registration is legally binding.
The customer declares that they meet the conditions of participation and accept the General Terms and Conditions. WYE reserves the right to accept or refuse any registration at its sole discretion without justification.
For all expeditions and treks, the customer must complete and sign a risk assumption statement and a medical form, which form an integral part of the contract.
In the event of any discrepancies with the provisions on the registration form, these provisions shall prevail.
2.2. Minors
Anyone under the age of 18 must submit to us express authorisation from their parents/legal guardian, including their contact details (name, address, telephone numbers and email addresses). WYE reserves the right to contact the parents/legal guardian directly.
Article 3 – Prices and payment terms
3.1. Trip price
The price of the trip is stated in each programme or in any other document sent by WYE for the trip in question. Unless otherwise specified, the price is per person in a double room, for the number of participants stipulated, or a flat rate (total) in Swiss francs (CHF). Any additional costs for booking a single room or for any other specific request not included in the price of the trip are your responsibility.
3.2. Payment terms
Unless otherwise stated, the price must be paid in accordance with the following payment procedure:
i) subject to the submission of your registration form, a deposit of 25% (twenty-five per cent) of the total price of the trip must be paid within the specified period;
ii) the balance of the trip price must be paid within the second period expressly mentioned by WYE. The balance or the total amount (if no deposit has been invoiced) is due when it is certain that the trip as booked will definitely take place. In addition to the cost of the trip, any additional services not included in the basic offer will be invoiced if the customer has requested them. These include, for example, single rooms, business class flights, oxygen bottles, additional sherpas, etc. Unless otherwise specified, the balance or total amount (if no deposit has been paid) must be paid no later than 60 (sixty) days before departure;
iii) for any booking made less than 30 (thirty) days before the departure date, the total amount of the invoice must be paid immediately upon booking.
The invoice amount must be paid by the due date indicated on the invoice. The payment date indicated on the invoice shall prevail.
3.3. Bank charges
Any charges resulting from a bank transaction in favour of WYE shall be borne by you. In the event of non-payment of the above-mentioned charges, you will be notified by separate document with payment due upon receipt.
3.4. Contribution to the costs of your booking for advice and booking
We draw your attention to the fact that WYE may charge, in addition to the prices mentioned in our programmes, a contribution to the costs for any advice and booking.
3.5. Failure to pay
Failure to pay the amounts under i), ii) and iii) within the specified time limits shall be considered a cancellation in accordance with Article 5 of these provisions.
Article 4 – Changes to the price and/or programme
4.1. Prices may be subject to increases after the contract has been concluded, particularly in the following cases:
i) in the case of a group with fewer participants than the minimum number indicated in the programme (see Article 5.5 below);
ii) in the event of subsequent changes to transport costs by airlines or other means of transport;
iii) a change in exchange rates
iv) in the event of price increases following the introduction or increase of official measures (VAT, taxes, government levies, etc.).
If the cost of the services included in the trip increases, this may be passed on to the customer and the price of the trip will increase accordingly. WYE shall in no way be held liable in the above cases. If the increase exceeds 10%, you may exercise the rights stipulated in Article 4.2 of these provisions.
4.2. Changes to the travel programme are reserved.
There is no right to the success of a summit or to reaching a planned destination. WYE cannot, of course, give any guarantee in this regard.
If changes to the programme or certain agreed services significantly alter an essential element or if the price increase exceeds 10%, the customer has the following rights:
a) you may accept the change to the contract;
b) you may terminate the contract in writing within 5 (five) days of receiving our notification and the price of the trip already paid will be refunded to you;
c) you may inform us within 5 (five) days of receiving our notification that you wish to participate in one of our replacement trips of equivalent quality. WYE will do its best to offer you a replacement trip that suits you. If the replacement trip is cheaper, the difference in price will be refunded to you. If it is more expensive, only the price initially agreed upon will be payable.
If we do not hear from you on the basis of paragraphs b) and c) above, we will assume that you accept the price increase, the change to the programme or the change to certain agreed services.
Article 5 – Cancellation conditions
5.1. Cancellation or modification by the customer
In the event of cancellation by the customer of a trip with WYE or in the event of modification by you of the booked trip, you must notify us of your decision in writing as soon as possible. The date of receipt of your decision by WYE will be used to calculate any refund of the trip price already paid. For Saturdays, Sundays and public holidays, the following working day shall be taken as the date of receipt. The following principles apply in the event of cancellation on your part:
i) Administrative fees
In the event of a change (dates, participants, etc.) or transfer of your booking with WYE, WYE reserves the right to charge an administrative fee of CHF 200 per person.
ii) Cancellation fees
In the event of cancellation by the customer, you must pay the following portion of the total trip invoiced by WYE:
- Up to 92 days before the departure date: 10% (ten per cent)
- Up to 61 days before the departure date: 25% (twenty-five per cent)
- Up to 31 days before the departure date: 80% (eighty per cent)
- Up to 21 days before the departure date: 90% (ninety per cent)
- Less than 20 days before the departure date: 100% (one hundred per cent) of the total price
These conditions also apply in the event of changes.
In addition to the situations expressly indicated in these provisions, the following situations do not give rise to any refund:
i) late arrival for departure, failure to show up for departure or presentation of non-compliant travel documents;
ii) interruption or early return by a participant.
5.2. Cancellation or modification of services by the customer during the trip
If, for any reason, you terminate the contractual relationship early or modify the services provided by WYE during the trip (e.g. by moving to a lower altitude for personal acclimatisation, or other reasons), the resulting costs, including accommodation, food, transport and other expenses, are entirely your responsibility and no refund will be made by WYE. Where possible, we will assist you with logistics or any other adjustments for your return.
5.3. Cancellation by WYE for reasons attributable to the customer
WYE is entitled to cancel the trip if your actions or omissions give it valid reason to do so. In this case, you will be informed as soon as possible. WYE will refund you the price of the trip already paid, with the exception of any costs already incurred by WYE. Any other claims on your part are excluded.
Cancellation fees in accordance with Article 5.1 of these provisions and any other claims for damages remain reserved.
5.4. Minimum number of participants
If the minimum number of participants specified in the programme is not reached, WYE is free to cancel the trip or to carry it out with a limited number of participants. The customer will be notified of the cancellation no later than 21 days before the scheduled departure date. The customer will then be fully reimbursed. Any other claims against WYE are excluded. If the trip is carried out with a reduced number of participants, additional costs are to be expected, which shall be borne by the remaining participants.
5.5. Force majeure or other impossibility of performance
WYE may be forced to cancel a trip, in particular due to force majeure (natural disasters, epidemics, pandemics, social unrest, political instability, etc.), measures taken by the authorities, or strikes. In such cases, WYE will inform you as soon as possible. If the trip is cancelled, WYE will endeavour to offer you a replacement trip of equivalent quality. If you participate in the replacement trip, the price already paid will be deducted from the price of the replacement trip and any difference in price will be refunded to you, after deduction of the costs already incurred for the original trip (such as permits, airline tickets, hotel deposits, transport, food, etc.). If you do not participate in the replacement trip, WYE will refund the amount paid, after deduction of any costs already incurred (such as permits, airline tickets, hotel deposits, transport, food, etc.). Any other claims are excluded.
5.6. Cancellation of the trip by WYE for other reasons
WYE is entitled to cancel the trip for other reasons. In this case, you will be informed as soon as possible and will be able to assert your rights in accordance with Article 4.2.
5.7. Premature interruption of the trip
If you are forced to interrupt the trip prematurely for any reason, the price of the trip will not be refunded.
Any unused services will be refunded to you, provided that they are not charged to WYE. In cases of emergency (in particular in the event of illness, accident, serious illness or death of one of your relatives), WYE or the local partner will help you as far as possible to organise your early return.
In this regard, we draw your attention to the terms and conditions of your compulsory cancellation and repatriation insurance. If you cannot provide proof of adequate insurance, WYE reserves the right to refuse participation in the trip or to require you to take out additional insurance.
5.8. Transfer to a third party
If you are forced to cancel your trip, you have the option of transferring your booking to a third party. This person must accept the contract under the stipulated conditions and must also meet the specific requirements of the trip in question (state of health, etc.). No legal requirements or official provisions must prevent their participation. For certain trips, it is not possible, due to special transport conditions, to change the booking or, if so, only up to a certain date. The third party is generally accepted after written approval by WYE and depending on organisational possibilities (time required to obtain special permits, preparation of new documents, etc.). The administration fees (see section 5.1 i)) and any other costs shall be borne by the transferor and the third party. If a third party signs the contract, the transferor shall be jointly and severally liable for the full payment of the travel price. If the transferor designates the third party too late or if the latter is unable to take part in the trip due to the specific criteria of the trip in question, official provisions, legal requirements or other factors, the transferor’s withdrawal shall be considered an official cancellation in accordance with Article 5 of these General Terms and Conditions.
Article 6 – Liability
The customer takes part in the trip at their own risk. The liability of WYE or its auxiliaries is limited to gross negligence and wilful misconduct. WYE declines all liability for third parties.
WYE is insured for claims relating to professional civil liability.
Although WYE makes every effort to do so, to the extent possible, WYE cannot guarantee the outcome of a summit climb.
6.1. Limitation of liability
WYE assumes no liability for non-performance or imperfect performance of the contract if this is attributable to the following causes:
i) breaches on your part before or during the trip;
ii) unforeseeable or insurmountable breaches attributable to a third party not involved in the provision of the services specified in the contract;
iii) force majeure or any unforeseeable event that WYE, the local service provider, despite all due diligence, could not have foreseen or against which they could do nothing. In this case, any obligation on the part of WYE to pay damages is excluded.
6.2. Gross negligence on the part of WYE
WYE may be held liable for bodily injury, accidents or illness resulting from incorrect or incomplete performance of the contract, provided that such damage is caused by gross negligence on the part of WYE or its service providers.
The provisions of international conventions remain reserved.
6.3. Disagreement during the trip
In the event of a disagreement on how to proceed during the trip on the part of a participant, in particular if a participant in an expedition wishes to continue alone against the instructions of the WYE leader, the latter must sign an express waiver on the spot and will be responsible for all of their actions. In this case, WYE declines all liability.
Article 7 – Customer obligations
7.1. Travel documents
By booking a trip with WYE, the customer undertakes to comply with the legal provisions in force in the countries concerned with regard to entry into the territory and customs.
In particular, the customer is responsible for having a valid passport, the necessary visas, entry requirements, the country’s currency and the required medical certificates. The customer is personally responsible for obtaining/extending travel documents and applying for the necessary visa(s), unless otherwise specified by WYE.
7.2. Insurance
The customer must take out cancellation and travel insurance covering the risks associated with cancellation, medical assistance (medical expenses abroad) and repatriation in case of emergency. A copy of your insurance policy must be provided to us before departure on your trip with WYE. If you cannot provide proof of adequate insurance, WYE reserves the right to refuse participation in the trip or to require you to take out additional insurance. Cancellation and travel insurance are not included in the price of the trip.
By booking a trip with WYE, the customer declares that they are adequately insured against all risks and dangers associated with travel, including illness, accidents and theft. The customer declares that rescue, repatriation and cancellation costs are also covered. The customer also declares that they are insured against theft. The customer declares that they have adequate civil liability insurance.
7.3. Health, physical condition, vaccinations
The customer guarantees that they are in good physical condition and fit to participate in the booked trip. WYE reserves the right to require a prior medical examination and/or to have the medical form signed by the customer’s attending physician. The declared state of health and preparation are the responsibility of each participant.
Vaccinations are the responsibility of the participant, as are prior medical examinations and medical certificates. Upon request, WYE is available to provide the customer with information on health formalities and country-specific requirements (e.g. vaccinations).
WYE carries a collective first aid kit for expeditions and treks. The customer is responsible for bringing sufficient quantities of any personal medication they may require. A list of recommended medication to take on the trip in question is provided to each customer.
WYE reserves the right at any time to refuse a customer who does not meet the required standards. Participants who do not meet the required standards must bear the additional costs incurred.
7.4. Personal equipment
Each participant is responsible for their own personal equipment (technical and clothing). Only group equipment is provided by the organiser to the extent indicated in the detailed programme. Each participant will receive a detailed list of the equipment to bring. If equipment is borrowed or rented from WYE, WYE declines all responsibility in the event of loss or damage, unless this is the direct result of its own negligence.
7.5. Regulations and safety
7.5.1. The customer is required to comply with the safety regulations, procedures and instructions of WYE and its team at all times. A good atmosphere and harmony within the group makes any trip easier and more enjoyable for everyone. Participants therefore undertake to respect each other, to assist each other and to show camaraderie.
7.5.2. The group is led by the leader appointed by WYE. The decisions and instructions given by the leader during the trip must be respected. If a participant objects to the leader’s decisions, the leader may exclude the participant in question from the trip. The participant excluded from the trip must, as soon as circumstances permit, undertake the early return journey at their own expense and under their own responsibility. An excluded participant is not entitled to any refund from WYE. If the leader is unable to participate before the start of the trip, WYE reserves the right to provide a replacement or to cancel the trip. If the leader is unable to participate during the trip (due to accident, illness, etc.), the participants shall choose a new leader from among themselves and inform WYE immediately.
7.5.3. With regard to expeditions, and when mentioned by WYE in its programme, participation in such trips requires solid experience of high mountain climbing, excellent physical condition and impeccable health; participants must be able to move independently and safely on mixed terrain (snow, ice, rocks).
During the expedition, the expedition leader is solely responsible for the general management of the group and is not a mountain guide for individual participants.
Each participant undertakes to participate to the best of their ability in all necessary tasks during the expedition and, in particular, to assist in the setting up and dismantling of all camps.
7.5.4. The customer undertakes to take their rubbish back with them and to follow a strict “Leave no trace” policy, in particular to take their rubbish from the high-altitude camps back to base camp during the expedition, to leave the footpaths clean, etc.
7.5.5. The client undertakes to respect the rights, customs and practices of the respective host countries and to behave in an environmentally friendly manner.
7.5.6. In order to protect the relatives of the injured person, the customer undertakes, in the event of an accident, not to disclose any information about the event, the circumstances of the accident and the individual participants without the express consent of WYE, and to ensure that personal messages, reports, letters, etc. are not published by the recipients.
7.5.7. Except for justified medical reasons (allergies, etc.) or in the case of vegetarianism, the food served during trips is the same for all participants. Consequently, the customer is required to refrain from placing individual orders with our kitchen team during our trips.
7.5.8. The customer is required to bear the costs for the use of the satellite phone for any private calls, as well as internet access during trips where such means of communication are made available by WYE. Payment of these costs, as specified by WYE, is to be made directly on site.
Article 8 – Oxygen
8.1. Collective first aid kit
Unless otherwise specified, WYE provides a collective first aid kit for trips (treks and expeditions) above 4,000 metres, containing oxygen for emergency situations only. If a participant requires oxygen for other reasons, the costs incurred by such use shall be borne by the participant.
8.2. Oxygen during expeditions
In programmes involving expeditions to 8,000-metre peaks, the price of the expedition does not include personal oxygen cylinders, unless expressly stated. Climbing with oxygen automatically entails additional costs due to greater logistics, as any expedition sherpa accompanying you will also be equipped with oxygen.
Article 9 – Supervision
9.1. The composition of the supervisory team depends on each individual trip. The following specific provisions apply to expeditions and treks with tents:
9.2. The support staff available to participants in an expedition (or a trek with tents) generally includes the Sirdar, the expedition Sherpa team, the kitchen team and the porter team. If a client wishes to have a personal expedition Sherpa, the costs incurred by this choice, namely salary, insurance, accommodation, food, transport, equipment, bonus and tips, are the responsibility of the client.
9.3. For expeditions involving high-altitude camps, the Sherpas carry the collective equipment from base camp, i.e. tents, insulation mattresses, gas stoves, and equipment to secure certain parts of the mountain, if necessary. Each participant is therefore responsible for carrying their own personal equipment, including their sleeping bag, altitude mattress, technical mountain equipment, and food. If circumstances and the environment allow, the team of Sherpas may, as far as possible, help participants to carry some of their personal equipment, in exchange for a financial contribution from the participants concerned.
During expeditions to Cho Oyu, Muztagh Ata and Peak Lenin, you have the option of hiring porters to Camp 1 in exchange for a financial contribution to be paid on site.
9.4. In exchange for a financial contribution from you, the WYE kitchen team can, as far as possible, take care of washing some of your personal belongings. Your payment will be distributed among the kitchen team. Hot water is available at no additional cost for you to do your own laundry.
9.5. For trips where a kitchen team is provided, the same menus, subject to Article 7.5.7. above, are provided for all participants at the times indicated by WYE.
Article 10 – Data protection – publication of photos
The customer’s personal data is collected in accordance with the Federal Data Protection Act (nLPD) which came into force on 1 September 2023. It is used solely in the context of the services provided by WYE and will not be passed on to third parties without prior consent, unless legally required.
Photographs taken by WYE or participants during a trip in which individuals are identifiable may be published by WYE, in particular for trip reports on the WYE website, on its social networks, and in printed materials. WYE has free use of photographs taken by the supervisory team or by participants when they are submitted to it.
The customer must submit any objection to WYE’s use of any image in which they are recognisable in writing before the start of the trip.
Article 11 – Complaints and disputes
11.1. Complaints during the trip
In the event of a complaint during the trip, the customer must immediately contact WYE in order to find a solution on site.
11.2. Complaints after the trip
Any complaints regarding non-compliant performance of the trip must be sent by registered mail to WYE’s head office within twenty (20) days of your return date.
11.3. Ombudsman
In the event of a dispute, the parties undertake to seek an amicable solution through mediation before resorting to legal action.
11.4. Jurisdiction and applicable law
Both parties acknowledge the exclusive jurisdiction of the Swiss courts, at WYE’s headquarters.
These General Terms and Conditions are governed by Swiss law.
Article 12 – Final provisions
12.1. Amendments to the General Terms and Conditions
WYE reserves the right to amend these General Terms and Conditions at any time. The amendments shall apply to contracts concluded after their publication.
12.2. Partial invalidity
If any provision of these General Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain valid.
12.3. Linguistic discrepancies
In the event of discrepancies between the French, English or German texts, the French version of the General Terms and Conditions shall prevail.
12.4. Entry into force
These General Terms and Conditions shall enter into force on the day of their publication and shall replace all previous provisions.
