Terms and Conditions of Travel Contracts

Chapter I — General Provisions

Article 1

An Arranged Tour Contract which this company Himanshu Tours and Travels Pvt. Ltd, located at Baneshwor-10, Kathmandu, Nepal — a company incorporated under the Companies Act, 2015, registration number 134190/071/072 and PAN number 602492713 (hereinafter referred to as "the Company") — concludes with the Traveler shall be subject to these General Terms and Conditions. Matters which are not provided for in these General Terms and Conditions shall be governed by the laws, ordinances, regulations and generally established practice.

If the Company has concluded a special agreement in writing not in violation of the law, ordinances and regulations, and within the scope not unfavorable to the Traveler, that special agreement, notwithstanding the provisions of the preceding paragraph, shall prevail over the provisions of these General Terms and Conditions.

Article 2 — Definition of Terms

An "Arranged Tour Contract" as stated in these General Terms and Conditions means a contract under which the Company, commissioned by the Traveler, undertakes to make arrangements so that the Traveler can receive services for transportation, accommodation and other services for travel and trekking provided by transportation/accommodation facilities (hereinafter referred to as "Travel Services") by acting as a representative, intermediary or agent on behalf of the Traveler.

"Domestic Travel" means travel only within Nepal, and "Overseas Travel" means travel other than Domestic Travel.

A "Travel Fee" means a charge which the Company pays to transportation/accommodation facilities, etc. — such as a tour and trekking fare, transportation fare, accommodation charges, etc. — and the prescribed travel business handling fee of the Company (excluding a fee for procedures for making a change or a cancellation) in order for the Company to make arrangements for Travel Services.

A "Communications Contract" means an Arranged Tour Contract which the Company concludes with a card member of the credit card company affiliated with the Company (the "Affiliated Company") in accordance with an application made by telephone, mail, facsimile or any other means of communication, with which the Traveler agrees in advance to settle any credit or debt in respect of the Travel Fee based on the Arranged Tour Contract, and with which the Traveler pays the Travel Fee in accordance with the method provided for in Paragraph 2 or 5, Article 16.

An "Electronic Acceptance Notice" means a notice of acceptance with respect to an application for a contract which is sent by, among various methods using information and communications technology, the method of transmission on the telecommunications line connecting the computer, facsimile machine, telex or telephone used by the Company and by the Traveler.

A "Card Use Day" means the day on which the Traveler or the Company should pay the Travel Fee, etc., or settles the refund debts in accordance with the Arranged Tour Contract.

Article 3 — Completion of Obligations Concerning Arrangements

When the Company has made arrangements for Travel Services with the good manager's duty of due care, the performance of the Company's obligations based on the Arranged Tour Contract is deemed completed. Accordingly, even if the Company was unable to conclude a contract with transportation/accommodation facilities for providing Travel Services due to a reason of being full, suspension of business, conditions being unsuitable, etc., the Traveler has to pay the Company its prescribed travel business handling fee (the "Handling Fee") if the Company has fulfilled its obligations. If a Communications Contract has been concluded, the Card Use Day shall be the day on which the Company has notified the Traveler that it was unable to conclude a contract with transportation/accommodation facilities for the provision of Travel Services.

Article 4 — Arrangements Agent

In performing an Arranged Tour Contract, the Company may have another travel agent, a person handling travel arrangements as a business, or any other auxiliary in Nepal or any other place outside Nepal perform as an agent for all or part of the arrangements.

Chapter II — Entry into Effect of Contracts

Article 5 — Application for a Contract

A Traveler who intends to conclude an Arranged Tour Contract with the Company must enter the prescribed matters in an application form prescribed by the Company and submit it to the Company together with the application fee, the amount of which shall be separately specified by the Company.

Notwithstanding the preceding paragraph, a Traveler who intends to conclude a Communications Contract with the Company must notify the Company of their membership number and the contents of Travel Services they intend to request.

The application fee referred to in Paragraph 1 will be treated as part of the Travel Fee, the cancellation fee, or other money which the Traveler should pay to the Company.

Article 6 — Refusal to Conclude a Contract

The Company may not agree to conclude an Arranged Tour Contract in any of the following cases: if the Company's business situation necessitates it; or, in case of intending to conclude a Communications Contract, if the Traveler is unable to settle part or all of their liability concerning the Travel Fee in accordance with the card membership rules of the Affiliated Company due to their credit card being invalid, etc.

Article 7 — Time of Entry into Effect of a Contract

An Arranged Tour Contract enters into effect when the Company has agreed to conclude it and has received the application fee referred to in Paragraph 1, Article 5.

Notwithstanding the preceding paragraph, a Communications Contract enters into effect when the Company has sent a notice of accepting the application referred to in Paragraph 2, Article 5. However, in case of sending an Electronic Acceptance Notice, such contract comes into effect when the notice has reached the Traveler.

Article 8 — Special Provisions for Entry into Effect of a Contract

Notwithstanding Paragraph 1, Article 5, the Company may have an Arranged Tour Contract come into effect only by accepting the conclusion of the contract without receiving the application fee under a special written agreement.

In such a case, the time of entering into effect of the Arranged Tour Contract shall be made clear in the special agreement referred to in the preceding paragraph.

Article 9 — Special Provisions for Flight/Bus Tickets, Accommodation Coupons, Etc.

Notwithstanding Paragraph 1, Article 5 and Paragraph 1 of the preceding Article, the Company may accept an oral application for an Arranged Tour Contract intended only for arrangements for transportation or accommodation services under which a document is issued indicating the right to receive such Travel Services in return for the Travel Fee.

In such a case, an Arranged Tour Contract is deemed to enter into effect when the Company has agreed to conclude such contract.

Article 10 — Contract Document

Promptly after an Arranged Tour Contract has come into effect, the Company shall issue to the Traveler a document mentioning the itinerary, the contents of Travel Services, the Travel Fee, and other conditions for the tour, as well as matters concerning the Company's responsibility (a "Contract Document"). However, if the Company delivers flight/bus tickets, accommodation coupons, etc., and other documents indicating the right to receive Travel Services with respect to all the Travel Services for which it makes arrangements, it may not issue such Contract Document.

If a Contract Document has been issued, the scope of the Travel Services for which the Company is obligated to make arrangements under the Arranged Tour Contract is subject to what is mentioned in that Contract Document.

Article 11 — Method Using Information and Communications Technology

With the prior agreement of the Traveler, if the Company, instead of issuing a Contract Document, has provided the matters which should be mentioned in such a document (the "Matters to Be Mentioned") by a method using information and communications technology, it will confirm that the Matters to Be Mentioned have been recorded in a file kept in the communications equipment used by the Traveler.

If a file for recording the Matters to Be Mentioned is not kept in the communications equipment used by the Traveler, the Company will record the Matters to Be Mentioned in a file kept in its own communications equipment (limited to a file used only for the Traveler concerned) and confirm that the Traveler has read the Matters to Be Mentioned.

Chapter III — Change and Cancellation of Contracts

Article 12 — Change in Contract Contents

The Traveler may request the Company to change the itinerary, the contents of Travel Services and other contents of the Arranged Tour Contract. The Company will comply with the Traveler's request to the reasonably practical extent.

If a change is made at the Traveler's request, the Traveler must bear a cancellation fee, any penalty paid to transportation/accommodation facilities when canceling arrangements already completed, any other cost required for the change, and a fee for procedures for making a change prescribed by the Company. Any increase or reduction in the Travel Fee resulting from the change shall be attributed to the Traveler.

Article 13 — Voluntary Cancellation by the Traveler

The Traveler may cancel the Arranged Tour Contract in whole or in part at any time.

If the contract is canceled by the Traveler, the Traveler must, in addition to bearing the cost already paid or payable in future to transportation/accommodation facilities as consideration for Travel Services already received, or as the cancellation fee/penalty for Travel Services not yet received, pay the Company its prescribed fee for procedures for making a cancellation and the Handling Charge the Company would have received.

Article 14 — Cancellation Due to a Cause Attributable to the Traveler

The Company may cancel the Arranged Tour Contract if the Traveler has not paid the Travel Fee by the prescribed date, or if the Traveler has become unable to settle their debt in connection with the Travel Fee, in whole or in part, in accordance with the card membership rules of the Affiliated Company — for example, if their credit card becomes invalid after a Communications Contract has been concluded.

In such a case, the Traveler must, in addition to bearing the cost already paid or payable in future to transportation/accommodation facilities as the cancellation fee/penalty for Travel Services not yet received, pay the Company its prescribed fee for procedures for making a cancellation and the Handling Charge the Company would have received.

Article 15 — Cancellation Due to a Cause Attributable to the Company

The Traveler may cancel the Arranged Tour Contract if it has become impossible to make arrangements for Travel Services due to causes attributable to the Company.

In such a case, the Company shall refund the Traveler the Travel Fee already received, excluding the cost already paid or payable in future to transportation/accommodation facilities as consideration for Travel Services already received by the Traveler.

This does not prevent the Traveler from making a claim against the Company for damages.

Chapter IV — Travel Fee

Article 16

The Traveler must pay the Travel Fee to the Company by the time, prior to the commencement of the tour, fixed by the Company.

If a Communications Contract has been concluded, the Company will receive payment of the Travel Fee by means of the Affiliated Company's card without the Traveler's signature on a prescribed payment slip. The day on which the Company has notified the Traveler of the finalized contents of Travel Services shall be considered the Card Use Day.

If fluctuation in the Travel Fee arises prior to the commencement of the tour due to a revision of a fare/charge of transportation/accommodation facilities, exchange rate fluctuations, or any other cause, the Company may change the Travel Fee, and any increase or reduction shall be attributed to the Traveler.

Where a Communications Contract has been concluded, any cost to be borne by the Traveler under Chapter III or IV will likewise be charged via the Affiliated Company's card without signature, with the day of notification considered the Card Use Day — except that, if the Company has canceled the contract under Item (2), Paragraph 1, Article 14, the Traveler must pay the cost by the date and method fixed by the Company.

Article 17 — Adjustment of the Travel Fee

If the Handling Charge and the amount of cost paid by the Company to transportation/accommodation facilities to make arrangements for Travel Services which should be borne by the Traveler (the "Adjustment Travel Fee") do not agree with the amount already received as the Travel Fee, the Company shall promptly adjust the Travel Fee after completion of the travel.

If the Adjustment Travel Fee exceeds the amount already received, the Traveler must pay the difference to the Company. If it is less, the Company shall refund the difference to the Traveler.

Chapter V — Party/Group Arrangements

Article 18

With respect to the conclusion of an Arranged Tour Contract for which more than one Traveler, traveling together and following the same itinerary at the same time, has applied after designating a responsible representative (the "Person Responsible for Contract"), the Company applies the provisions of this Chapter.

Article 19 — Person Responsible for Contract

Except where a special agreement has been concluded, the Person Responsible for Contract is deemed to have full power of agency concerning the conclusion of the Arranged Tour Contract for the Travelers constituting the party/group (the "Members"), and the Company will conduct business concerning the party/group with the Person Responsible for Contract.

The Person Responsible for Contract must submit to the Company a list of the Members, or notify the Company of the number of Members, by the date fixed by the Company.

The Company bears no responsibility for any debt or obligation to a Member which the Person Responsible for Contract currently has or is expected to have in the future.

If the Person Responsible for Contract does not accompany the party/group, the Company deems that a Member assigned in advance by the Person Responsible for Contract becomes the Person Responsible for Contract after the commencement of travel.

Article 20 — Special Provisions for Entry into Effect of Contracts

Notwithstanding Paragraph 1, Article 5, where an Arranged Tour Contract is to be concluded with the Person Responsible for Contract, the Company may agree to conclude it without receiving the application fee.

In such a case, the Company shall issue to the Person Responsible for Contract a document containing an entry to that effect, and the contract shall enter into effect when the Company has issued that document.

Article 21 — Change in the Members of the Party/Group

If a change in the Members of the party/group is requested by the Person Responsible for Contract, the Company will comply with it to the reasonably practical extent.

Any increase or reduction in the Travel Fee, or cost involved in such change, shall be attributed to the Members of the party/group.

Article 22 — Tour Conducting Services

At the request of the Person Responsible for Contract, the Company may provide tour conducting services by having a tour conductor accompany the party/group.

In principle, tour conducting services consist of work necessary for securing the party/group's activities from the viewpoint of following the itinerary fixed in advance, provided in principle between 9:00 and 17:00.

When the Company has provided tour conducting services, the Person Responsible for Contract must pay the Company the prescribed fee for those services.

Chapter VI — Responsibility

Article 23 — Responsibility of the Company

In performing an Arranged Tour Contract, if the Company or the person it has had act as an agent in making arrangements under Article 4 (the "Arrangements Agent") has caused damage to a Traveler intentionally or by negligence, the Company shall be responsible for compensating the damage, provided the Company is notified within 2 years of the day following the date of occurrence of such damage.

If a Traveler incurs damage due to a natural disaster, war, riot, suspension of Travel Services by transportation/accommodation facilities, a government order, or any other cause the Company or its Arrangements Agent is unable to intervene in, the Company shall not be responsible for compensating the damage except as provided in the preceding paragraph.

Notwithstanding Paragraph 1, for damage caused to baggage, the Company shall compensate within the limits of 100 USD per Traveler (except where the damage was due to intention or gross negligence on the Company's part), provided the Company has been notified of the damage within 14 days for Domestic Travel, or 21 days for Overseas Travel, of the day following the date of occurrence.

Article 24 — Responsibility of the Traveler

If the Company incurs damage caused by a Traveler intentionally or by negligence, the Traveler must compensate for the damage.

In concluding an Arranged Tour Contract, the Traveler should endeavor to understand their rights and obligations and other contents of the contract, making good use of the information provided by the Company.

After the commencement of travel, should a Traveler realize that Travel Services different from those mentioned in the Contract Document have been provided, they must promptly notify the Company, its Arrangements Agent, or the provider of the Travel Services concerned, at the place of travel.

Chapter VII — Deposit Requirement

Article 25

Nepal Trips: your booking will be confirmed by email once we receive a deposit of 30% of the total trip amount; the remaining 70% is payable upon arrival in Kathmandu. The 30% deposit should be sent to the Company or its agent. Tailor-made trips may require a higher deposit or full payment at the time of booking — if so, the Traveler will be advised at the time of booking.

Tibet / Bhutan / Multi-Country Trips: your booking will be confirmed by email once we receive a deposit of 40% of the total trip amount (with due airfares, if the Company is arranging them), with the remainder due before 45 days of trip departure. If booking 45 days or less prior to departure, full payment is required at the time of booking.

Article 26 — Payment Methods

Booking deposit can be made by bank transfer or by credit card (Visa or Mastercard) — follow the information provided on the booking form.

Payment by credit card: the Company accepts Visa, Maestro, Master, JCB and American Express. Payment can be made directly after choosing a package; for a customized package, the Company will send a secure payment gateway link.

Payment via wire/bank transfer — Bank Name: Machhapuchhre Bank Limited; Branch Name: Budhanilkantha Branch; Account No. (US$): 1590092021300016; Beneficiary Name: Himanshu Tours and Travels Pvt. Ltd.; Swift Code: MBLNNPKA; Bank Address: Budhanilkantha, Kathmandu, Nepal.

The Company is not liable for any delay or loss during the transfer process. If, due to use of a mediator bank or any other reason, the amount received is less than the amount sent, you are requested to pay the difference upon arrival so the total is equivalent to the product cost. Please email the Company your bank reference number or remittance slip after initiating the transfer — sometimes banks forward money under a different name, and having the reference number and sender details makes it easier for the Company to verify.

Chapter VIII — Medical Conditions and Special Requirements

Article 27

The Company must be notified in writing at the time of booking of any medical condition, physically challenged condition, or any other mental or physical condition which may affect fitness to travel. Failure to notify the Company may result in the Traveler being refused travel; failure to notify a condition that results in cancellation will result in 100% cancellation fees to the Traveler.

Some trips may be unsuitable for a Traveler due to age, mobility, pregnancy or physical or mental conditions — it is the Traveler's responsibility to check prior to booking. The Company is not required to provide special facilities unless it has agreed to do so in writing; the Company will do its best to meet special requests including dietary ones, but such requests do not form part of the Contract and the Company is not liable for not providing them.

Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment.

Chapter IX — Travel Insurance

Article 28

Adequate and valid travel insurance is compulsory for all Travelers. Insurance must cover accidents, injury, illness and death medical expenses (including anything related to pre-existing conditions), emergency repatriation (including helicopter rescue and air ambulance where applicable), and personal liability. The Company also recommends cover for trip cancellation, curtailment, and loss of luggage and personal effects.

The Traveler must carry proof of insurance and produce it if reasonably requested by the Company's employees or suppliers. The Company reserves the right to cancel or suspend a Traveler's participation in a trip or certain activities, at any time including after commencement, with no right of refund, if proof of insurance cannot be provided when requested.

Chapter X — Flight Delays and Changes in the Itinerary

Article 29

Mountain adventures are always unpredictable, and bad weather in mountain regions can cause domestic flight delays. In case of delayed departure flights, the Company will cover departing-city accommodation (guest house) and food (lunch and breakfast) costs prior to the trip. In case of delayed return flights, the Traveler is responsible for all additional expenses including food and accommodation. If Travelers wish to make alternative arrangements such as a helicopter flight to avoid delays, all additional cost is the Traveler's responsibility.

Himanshu Tours & Travels does not accept responsibility for costs incurred as a result of a missed international flight, but will assist with alternative arrangements wherever possible. While in the field, itinerary changes may be necessary due to unforeseen circumstances.

Chapter XI — Business Guarantee Bonds (For the Company Not Being a Security Member of an Association of Travel Agents)

Article 30

The Traveler or Member who has concluded an Arranged Tour Contract with the Company is entitled to receive compensation from the Business Guarantee Bonds which the Company has deposited under Paragraph 1, Article 7 of the Travel Agency Law, in respect of any claim arising from transactions in connection with such contract.

The Deposit Office with which the Company has deposited the Business Guarantee Bonds: Bank Name: Machhapuchhre Bank Limited; Branch Name: Budhanilkantha Branch.

Chapter IX (bis) — Compensation Security Bonds (For the Company Being a Security Member of an Association of Travel Agents)

Article 31

The Company (Himanshu Tours and Travels Pvt. Ltd.) is a Security Member of the Nepal Association of Travel Agents.

The Traveler or Member who has concluded an Arranged Tour Contract with the Company is entitled to receive compensation from the Compensation Security Bonds which the Nepal Association of Travel Agents has deposited.

Since the Company has paid its due portion of the Compensation Security Bonds to the Nepal Association of Travel Agents in accordance with Paragraph 1, Article 22-10 of the Travel Agency Law, it has not deposited any Business Guarantee Bonds referred to in Paragraph 1, Article 7 of the same law.