Terms & Conditions
General Provisions
A contract for a Tour which Mountain Kick (hereinafter referred to as “the Company”) concludes with a Traveler (hereinafter referred to as “the Traveler”) shall be subject to the provisions of these General Terms and Conditions. Matters 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 entered into a special agreement in writing without violating the laws,ordinances and regulations and within the scope not unfavorable for the Traveler, that special agreement, notwithstanding the provisions of the preceding Paragraph, shall prevail over theprovisions of these General Terms and Conditions.
Definitions of Terms
A“Tour” as stated in these General Terms and Conditions means travel for which the Company prepares in advance, for the recruitment of the Traveler, a travel plan in which the destination and itinerary of the travel, the contents of the transportation or accommodation services which the Traveler is entitled to receive, and the amount of the travel fee that the Traveler should pay to the Company are specified, and which the Company operates according to such plan.
Contents of Tour Contract
Under Tour Contract, the Company undertakes to make arrangements and manage the itinerary so that the Traveler may receive transportation, accommodation, and other services relating to the travel (hereinafter referred to as “Travel Services”) provided by transportation, accommodation facilities, etc., in accordance with the itinerary established by the Company.
Application for Contract
A Travelerwho intends to apply to the Company for Tour Contract must enter the prescribed matters in an application form prescribed by the Company (hereinafter referred to as “Application Form”) and submit it to the Company together with the application fee, which is 30% of the total travel fee, the amount of which is separately specified by the Company.
The application fee referred to in preceding paragraph shall be treated as part of a travel fee or a cancellation fee or a penalty.
A Travelerwho needs special consideration in participating in a Tour isrequested to inform the Company to that effect at the time of application for Tour Contract. Then, the Company will accommodate the requirements to the reasonably practical extent.
The cost required for the special measure taken by the Company for the Travelerin accordance with the information referred to in the preceding Paragraph shall be borne by the Traveler.
Refusal of Conclusion of Contract
In any of the following cases, the Company may not agree to conclude a Tour Contract:
(1) If any of the conditions of a participating Travelerin respect of sex, age, qualifications, skills, etc., specified by the Company in advance is not met;
(2) If the number of applying travelers has reached the intended number of recruitment;
(3) If it seems likely that the Traveler may give trouble to other Travelers and/or disturb the smooth conduct of group activities;
(4) If the Company’s business situation necessitates it;
Issue of Contract Document
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 travel and matters concerning the responsibility of the Company (hereinafter referred to as “Contract Document”) promptly after the conclusion of the contract as established in the preceding Article.
The scope of the Travel Services for which the Company assumes the obligation to make arrangements and manage the itinerary under a Tour Contract is according to what is mentioned in the Contract Document referred to in the preceding Paragraph.
Travel Fee
The Traveler must pay to the Company the travel fee, the amount of which is mentioned in the Contract Document, by the date mentioned in the Contract Document not later than the date of commencement of the travel. 30% of the total travel fee should be paid as application fee.
Change in Contract
If a natural disaster, a war, a riot, the suspension of the provision of Travel Services of transportation and accommodation facilities, etc., an order of a government or other public offices, the provision of transportation services not scheduled in the original service plan, or any other event in which the Company is unable to intervene has occurred, and if it is unavoidable in order to secure the safe and smooth implementation of the travel, theCompany may change the itinerary, the contents of Travel Services, or other contents of theTour Contract (hereinafter referred to as “Contract Contents”), havingexplained promptly in advance to the Traveler the reason that the event concerned is one which cannot be intervened in and the causal relation with the event concerned; provided, however, that in case of emergency and if it is unavoidable, such explanation will be given after the change has been made.
Change in Amount of Travel Fee
If the fares and charges which are applied to the transportation facilities used in operating a Tour (hereinafter in this Article referred to as “Applicable Fares and Charges”) are increased or reduced drastically exceeding the extent normally assumed in comparison with the Applicable Fares and Charges published as effective at the time of specifying them at the recruitment for the Tour due to a significant change in the economic conditions, etc., the Company may, within the amount increased or reduced, increase or reduce the amount of the travel fee.
If the Company decides to increase the travel fee in accordance with the provisions of the preceding Paragraph, it shall inform the Traveler to that effect prior to the 15th day prior to the day preceding the date of commencement of the travel.
If the Applicable Fares and Charges as stated in the earlier paragraph are reduced, the Company shall reduce the travel fee by the amount of such reduction in accordance with the provisions of the same Paragraph.
If the cost of operating the travel is reduced or increased due to a change in the Contract Contents in accordance with the provisions of the preceding Article (such cost includes the cancellation fee, the penalty, or any other cost which has already been paid or which must be paid in the future in respect of the Travel Services which have not been received due to the change in the Contract Contents) (excluding a case where the increase in the cost has resulted from the occurrence of a shortage of seats, rooms or any other facilities of the transportation and accommodation facilities, etc., despite the fact that the Travel Services are provided by the transportation and accommodation facilities, etc.), the Company may change the amount of the travel fee within the amount of such reduction or increase at the time of the said change in the Contract Contents.
If it is mentioned in the Contract Document to the effect that the travel fee will vary depending on the number of persons using the transportation and accommodation facilities, etc., and if, after the entry into effect of the Agent-Organized Tour Contract, the number of using persons has changed due to causes not attributable to the Company, the Company may change the amount of the travel fee in accordance with what is mentioned in the Contract Document.
Change in Traveler
A Traveler who has concluded a Tour Contract may transfer his/her statusunder the Contract to a third party with the approval of the Company.
If a Traveler intends to seek the approval of the Company as stated in the preceding Paragraph, he/she must enter the required matters in a form prescribed by the Company and submit it to the Company together with the required amount of fee.
Transfer of the status under the Contract referred to earlier shall take effect at the time when the approval of the Company has been given and, thereafter, the third party who has taken over the status under the Contract shall succeed to all the Traveler’s rights and obligations in connection with the Tour Contract concerned.
Cancellation of Contract
A Traveler may cancel a Tour Contract at any time on payment to the Company of the cancellation fee. If cancellation is made on or after the 20th day (10th day in case of a one day trip) prior to the day preceding the date of commencement of the travel, 30% of the travel fee will be charged as cancellation fee. If cancellation is made on a shorter notice, there will be no refund.
Notwithstanding the provisions of the preceding Paragraph, a Traveler may cancel a Tour Contract before the commencement of the travel without payment of the cancellation fee in any of the following cases:
(1) If the Contract Contents have been changed by the Company; provided;
(2) If the travel fee has been increased;
(3) If a natural disaster, a war, a riot, the suspension of the provision of Travel Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event has occurred, and the safe and smooth operation of the travel has become impossible or there is a very large possibility of such impossibility arising;
(4) If it has become impossible to operate the travel in accordance with the itinerary mentioned in the Contract Document due to causes attributable to the Company.
If, after the commencement of the travel, a Traveler has become unable to receive the Travel Services mentioned in the Contract Document due to causes not attributable to the Traveler, or if the Company has informed him/her to that effect, he/she may, notwithstanding the provisions mentioned earlier, cancel that part of the contract for which he/she has become unable to receive the Travel Services, without payment of the cancellation fee.
In the case referred to in the preceding Paragraph, the Company shall refund the Traveler, out of the travel fee, the amount for that part of the Travel Services which he/she has become unable to receive, provided, however, that if the case referred to in the preceding Paragraph is due to causes not attributable to the Company, the Company will refund to the Traveler the said amount less the amount of the cancellation fee, the penalty, and any other cost whichhave already been paid or must be paid in the future in respect of the Travel Services concerned.
Responsibility of the Company
In performing a Tour Contract, if the Company has caused damage to a Traveler intentionally or by negligence, the Company shall bear the responsibility for compensating for the damage, provided that the Company has been informed within 2 years of the day following the date of occurrence of the damage.
If a Traveler has incurred damage due to a natural disaster, a war, a riot, the suspension of the provision of Travel Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company or the Company’s Arrangements Agent is unable to intervene, the Company shall not be responsible for compensating for the damage except in a case referred to in the preceding Paragraph.
Not withstanding the provisions of the first paragraph, the Company shall compensate for the damage referred to in the same Paragraph caused to baggage within the limits of NRs 150,000 per Traveler (except in a case where the damage has been caused by the Company intentionally or by gross negligence) if the Company has been informed within of the day following the date of occurrence of the damage.
Responsibility of Traveler
If the Company has incurred any damage caused by a Traveler intentionally or by negligence, the Traveler shall compensate the Company for such damage.
In concluding a Tour Contract, a Traveler must endeavor to understand the rights and obligations of the Traveler, as well as other contents of the Tour Contract, making good use of the information supplied by the Company.
In order to smoothly receive the Travel Services mentioned in the Contract Document, should a Traveler have realized that Travel Services different from those mentioned in the Contract Document have been provided after the commencement of the travel, he/she must promptly notify the Company, or the provider of the Travel Services concerned to that effect at the place of travel.
Mode of Payment
Payments for tours or services can be made either through bank transfer or by a credit card.
The Company’s bank details are as follows:
Account name: Mountain Kick
Bank:
Account number:
Bank transfer charges have to be borne by the Traveler.
There is also an option in the Company’s website to book a tour by a credit card. All information regarding the option has to be submitted via the website. Additional fees for processing a credit card may be levied by the Company.
