We thank you for having chosen WILD YAK EXPEDITIONS and draw your careful your attention to the following points of the Terms and Conditions of WILD YAK EXPEDITIONS:
1. General terms
1.1. The following definitions apply to this clause:
- The Application Form: our standard application form on which you specify the Trip you would like to
attend with WILD YAK EXPEDITIONS
- Departure date: the date specified by us as the departure date of the Trip
- Deposit: the amount specified as such in the payment procedure
- Application Form: our standard form on which you mention the Trip you have chosen to make with WYE
- Emergency Rescue Form: our specific form for the expeditions/trekking on which you agree with our modalities in case of emergency
- Medical Form: our medical form on which you specify your current health condition and all relevant personal medical information
- Payment procedure: the schedule concerning the payment of you Trip as provided by us in writing
- Price: the price of the Trip notified by us to you
- Sherpa: is used for Sirdar and climbing Sherpa
- Sirdar: the Leader of the climbing Sherpas
- Terms: the legal terms and conditions set out in this document, which rule the contractual relationship between you and WILD YAK EXPEDITIONS with respect to the Trips organized by WILD YAK EXPEDITIONS or other activities offered by us
- Third: a third person to whom you may assign your booking with WILD YAK EXPEDITIONS (cf. 5.3)
- Trip: the expedition, trekking peak, trekking, exclusive or cultural Trip for which you have applied
- You/yours: the participant/client to an Trip with WILD YAK EXPEDITIONS (without gender differences)
- We/us/our: WILD YAK EXPEDITIONS: company registered in Switzerland and with its seat in: 1891 Vérossaz, Valais, Switzerland (hereafter: “WYE”)
- Writing or written: includes fax and email.
2. Contract formation
2.1. In order to participate in one of our Trips, you will need to submit the Application Form, together with the Medical and Emergency Rescue (for the expeditions/trekking only) Forms to us. By sending us these documents you offer to enter into a binding contract with us subject to these Terms, which come into force at the time your booking is validated without reserve by WYE. We reserve the right to accept or decline any application at our full discretion.
2.2. If any of these Terms are inconsistent with the terms on the Application Form, these Terms shall prevail. 2.3. Any person under 18 (eighteen) years must submit a written authorization from his/her parents/legal representative with mention of their data (full name, address, phone numbers). WYE reserves its right to get directly in contact with the parents/legal representative.
3. Price and Payment
3.1. The price of the Trip is detailed in its respective program. It includes sales tax where applicable. Unless any other mention, the price is in US Dollars and per person with accommodation in a double room (2 persons). Additional costs are required for any single room booking or any other specific personal request which is not part of the price of the Trip. 3.2. Unless otherwise stated, the price must be paid in accordance with the following payment schedule:
- Subject to the submission of your Application Form, a deposit of 25% (twenty five percent) of the full price within the deadline expressly mentioned by WYE;
- The rest of the amount shall be paid within the second deadline prescribed;
- In the event of booking less than 30 (thirty) days prior to the Departure date, the full amount of the price of the Trip shall be paid at the booking.
3.3. In the event you fail to pay the requested amounts as mentioned supra under i), ii) and iii) within the prescribed deadline, we reserve the right, at our full discretion, to cancel your participation at the Trip and you shall be held responsible for the payment of the relevant cancellation fees as if you had cancelled according to point 5 of the present Terms.
3.4. You are responsible for all bank charges incurred by us in relation to the transfer of funds from your account. Failing to pay them, we will send you a notification for immediate payment.
3.5. We draw your attention to the fact that WYE might charge, in addition to the prices mentioned in our programs, a participation to the costs for advise/bookings.
4. Modification of price/program
4.1 The prices/program might be subject to increases/changes/cancellation after the conclusion of the contract, namely:
- In the event of a smaller group as the minimum indicated in each program;
- By subsequent price alterations of airlines or other transport companies, including fuel price;
- In case of introduction or increase of taxes and official fees;
- In case of changes in the currency rates;
- In the event of price increase due to official measures (VAT, government taxes, etc.);
- For any other justified reasons external to WYE such as climate or meteorological problems, natural disasters (e.g. impossibility to go on with a Trip due to an exceptional snow fall, etc.), or political situations, strikes, wars, manifestation, force majeure, etc.
WYE cannot be held responsible for any of the above mentioned matters and you cannot request any reimbursement. We will strive to find an alternative solution which is adequate. If the costs for the services proposed in the alternative Trip increase, they might be added to the initial price of the Trip.
4.2 Failing an answer from you within five (5) days upon receipt of our communication concerning the price/program amendments pursuant to point 4.1 of the present terms, we consider that you agree with the increase of price, the change of program or the amendment of agreed services. Failing an agreement from your side, you have the possibility a) to send us a written termination of the contract within five (5) days of our communication concerning the price/program modification pursuant to point 4.1 of the present terms, b) to let us know in the same deadline (cf. supra a)) that you wish to participate to one of the alternative equivalent quality replacement Trip. We will strive to do our best to propose a satisfactory Trip. In the event the replacement Trip is less expensive, you will be reimbursed the price difference. If it is more expensive, only half of the difference with the initial agreed price is at your expenses. 4.2.1 In the event, a participant wants to go on by himself during an expedition, he/she has to sign an express declaration of renunciation form. In such an event, WYE excludes any kind of liability.
5. Conditions of cancellation
5.1. If you cancel or want to change the Trip, which you have booked with us, you shall send a written notice to us. The date of receipt by us of your cancellation will be taken into account for the calculation of the charged money. If the last day of the time limit is an official holiday or a non-business day, the time limit shall expire at the end of the first subsequent business day. The following applies in case of a cancellation from your side:
- Application fees
- You cancel the Expedition, change or assign you booking with WYE, we charge an amount of CHF 300.- (three hundred Swiss francs), maximum CHF 800.- (eight hundred Swiss francs) per person, as application fees.
- Cancellation fees If you cancel the Trip/request any changes and/or change your booking, the costs of cancellation will be calculated in percent of the total price, but minimum CHF 300 (three hundred Swiss francs) with any other potential external costs (cf. 5.1 i)). Such conditions are also applicable in case of modifications/cession of a booking.
- Cancellation conditions:
- 89-60 days prior to the Departure date: 20% (twenty percent) of the full fixed price;
- 59-30 days prior to the Departure date: 50% (fifty percent) of the full fixed price;
- 29-16 days prior to the Departure date: 60% (sixty percent) of the full fixed price;
- From 15 days prior to the Departure date: 100% (hundred percent) of the full fixed price.
The following situations give no claim for a refund:
- A late arrival at the departure of your flight, a non attendance at the departure of your trip or an attendance without the necessary required documents;
- An interruption or an early return from a participant.
5.2. In the event you terminate for any reason earlier the contractual relationship or you change the services foreseen by us (getting to lower altitude for personal acclimatization, etc), the payment of the Trip is not refundable and you are responsible for all the costs incurred by you for lodging, food, transportation, and else. We will strive to do our best to help you in urgent situations (such as sickness, accident, severe illness or death of close relatives) with the organization of your trip back or with the necessary adjustments as far as possible. The conclusion of a trip cancellation, which might carry the costs of such unexpected circumstances, is mandatory while applying for any Trip with WYE.
5.3. Assignment to a third party
In the event you have to cancel a Trip with WYE, you have the possibility to assign your booking to a third person. Such person must comply with the contract pursuant to the prescribed conditions and must further satisfy the requirements of the program in question (health state, etc.). There must be no legal prescription or official requirement that goes against the third’s participation. For certain Trips, it is not possible to change the booking considering the conditions of transport, or if so only until a specific date. The third person’s participation is determined upon our written approval and according to our possibilities of organization (deadline to get the permits, to establish the new papers, etc.). You are jointly liable with the third person for the application fees (cf. 5.1 i)) and any other relevant potential costs, which are related to the Trip, along with the price of the booked Trip. If you determine the third person too late or in the event such person cannot take part in the Trip due to the specific criteria of such Trip, the official requirements, legal prescriptions or others, your default is considered as an official cancellation.
5.4 Cancellation by WYE because of Force Majeure Should an Expedition be cancelled in case of Force Majeure, we will make a refund of the amount paid by the participant, except for the costs already incurred by us (permits, hotels, transports, etc.).
5.5. In the event a Trip has to be terminated earlier than the scheduled itinerary namely due to exceptional circumstances, natural dangers, weather or accidents, the additional nights spent in Kathmandu and all other related costs than these foreseen in the Trip program are not covered by WYE.
6.1. Our Trips are carefully planned and conducted according to the fundamental care and principles of diligence.
6.2. By submitting an Application Form to WYE you acknowledge that participating in any of its expeditions/trekking is, among others, an inherently risky activity which carries a serious risk of death, altitude sickness, frostbite and dietary problems. You irrevocably waive any claim against us and our employees, guides and contractors, which may arise in relation to the aforementioned.
6.3. Exclusion of liability WYE does not take any responsibility towards you in case the non-performance/improper execution of the contract is attributable to the following causes:
- failures from your side before/during the Trip;
- unpredictable/insurmountable failures attributable to a third external to the services foreseen in the contract between you and WYE;
- due to force majeure or any cause that we could not foresee and/or we could not do anything against it.
In such an event, any obligation of recovering damages from WYE is excluded. 6.4. WYE is liable for physical injuries, accidents, sickness related to the non-performance/improper execution of the contract, provided that is due to a fault of WYE/one of our contractor. The international conventions, which stipulate some restrictions to the extent of compensation for the damages resulting from the non-performance/improper execution of a contract are reserved.
6.5. You are solely responsible at all times for your own equipment and in case you borrow anything from WYE and we shall not be liable in any way for its loss or damage except where it is under our complete control.
6.6. Each client is responsible during the expeditions to bring down his/her own rubbish from the higher camps to the base camp and to ensure that he/she does not leave any rubbish on the trekking routes.
6.7. Optional trips Besides the initial program booked, it might sometimes be possible to apply for specific activities/trips, etc., which are not foreseen in our program. It is not excluded that some risks are inherent to such activities/trips. You are solely liable for your participation in such activities/trips, etc. The present Terms and Conditions are not applicable to activities/trips or others organized by third acting as intermediary for WYE. You can therefore not avail yourself of the present Terms and Conditions.
6.8. In the event you cannot participate in a Trip due to the fact that a document cannot be obtained/is delivered too late, the cancellation provisions (cf. point 5) are applicable.
7.1 Cancellation insurance and travel insurance are compulsory for each participant. Upon booking you declare to have secured the appropriate cover for any risks and dangers related to the Trip as namely illness, accident, repatriation, mountain rescue, theft and cancellation fees.
8.1 With your booking you agree to comply with the respective entry and customs requirements and, if necessary, to possess a valid passport.
8.2 Unless specified otherwise in the programs, the establishment/extension and request for the necessary visa(s) are of your responsibility.
8.3 You are personally liable to comply with the entry, health and currency formalities.
9.1 We may require you to undertake medical tests and have your Medical Form signed by a doctor confirming that you are fit to take part in one of our expeditions/trekking.
9.2 Excellent fitness is an absolute requirement for the security of the participants and the success of the expedition/trekking. We take it as granted that you prepare yourself for any expedition/trekking with WYE by adequate training. Participants who do not meet the level of fitness required as indicated in each program are responsible for the additional expenses caused.
9.3 Unless medically justified or in case of vegetarians, the food provided by us during the expedition/trekking is the same for each client. Accordingly, there is no possibility to request our Kitchen team for specific food orders.
10.1 Our medical box for the trekking and trekking peaks contains oxygen for medical emergency purposes only. In the event a client wants some oxygen for him/herself for any other cause, this will be charged as extra costs.
10.2 In the programs concerning 8000-meter peaks, the prices are mentioned for services without personal climbing oxygen. The climbing with personal oxygen automatically implies extra costs due to larger logistics, the potential additional Sherpa being also equipped with oxygen.
11.1 The Staff for an expedition/some of the trekking, which comprises the Sirdar, the climbing Sherpa(s), the Cook and the Kitchen boy(s), is at the disposal of all the clients. In the event, one client wants some individual climbing Sherpa/guide, he/she has to bear the additional costs incurred by this hiring, namely the salary, insurance, food, transportation, lodging, equipment, summit bonus.
11.2 The composition of the Staff depends individually on each program.
11.3 For expeditions/trekking peaks with high camps, the Sherpas are carrying from the base camps the tents, isolation mattresses, gas, cookers, burners and the climbing gears, such as the fix ropes, ice bars, carabineers, which are necessary to secure the mountain in its essential parts. The client is therefore responsible to carry his personal equipment namely the sleeping bag, high mattress, climbing gears and food. In the event the circumstances and environment of the Sherpas allow them to help to a certain extent some participants to carry a part of their personal equipment, this might exclusively be done in exchange of a contribution paid to the Sherpas by the clients. In the Cho Oyu and Muztagh Ata expeditions, you have the possibility to hire some porters till Camp 1 towards extra costs at your expenses.
11.4 Towards a contribution from your side, the Kitchen team might do some personal laundry at some of the Base Camps. Such money is then distributed among the whole Kitchen staff. Hot water is also at your disposal without any additional payment in the event you do your laundry by yourself.
11.5 In the Trips where a Kitchen team is foreseen, the same meals (unless exception as mentioned in 9.3) are served for all participants at the same times as indicated during the course of the Trip.
12.1 The costs for the use of our satellite phone for personal calls and Internet access in the Trips where such means are foreseen by us are at your expenses and according to the rates mentioned by WYE during such Trips.
13.1 During the Trips, you shall at any time comply with all policies, procedures and instructions we or our staff (employees, guides or contractors) may give to you. This will also procure the best harmony, which will make your Trip easier and enjoyable for everyone.
13.2 Before coming to an expedition/trekking peak/trekking with WYE, it is mandatory for each client to submit the Emergency Rescue Form, duly filled out and signed, whereby you agree to cover all the expenses occurring from an emergency rescue action decided by WYE on your behalf.
13.3 In case of differences between the French and English version of the present Terms and Conditions, the French version of the Terms shall prevail.
14. Law applicable, legal action, entry into force
14.1 These Terms shall be governed by Swiss law. 14.2 Both parties agree to the exclusive jurisdiction of the Swiss Courts. 14.3 The present Terms and Conditions come immediately into force on the day of their publication and replace all other previous provisions.
WILD YAK EXPEDITIONS Switzerland, 2013
Copyright WILD YAK EXPEDITIONS