Everest Base Camp Challenge 2019 Terms and Conditions
It is important that you read the Terms and Conditions of Experience Earth carefully before use of the website and payment for your activity. By agreeing to these terms and conditions, you acknowledge that you agree to the following Terms and Conditions.
In these terms and conditions ‘you’ and ‘your’ means all persons named on your booking (activity) including anyone who is added or substituted at a later date. “We”, “us” and “our” means DTM Global Group Limited trading as Experience Earth. “Event”, “Package” and “Challenge” means the event as organised by Experience Earth incorporating the fitness challenge in New Zealand, international flights and the activity. “Rampage Fitness” means Rampage Fitness New Plymouth Limited. “House of Travel” means House of Travel New Plymouth Limited
If you need to contact us with regards to these terms and conditions, please do so at firstname.lastname@example.org and where practical state your booking reference number.
1. Making your booking
To confirm your booking (subject to clause 6 below), you must complete our online booking form or provide details via email to one of our sales staff and complete their information requests. These terms and conditions are deemed agreed (on behalf of themselves and as the agent for the rest of your group) by your primary contact (first-named person on your booking). The primary contract must be at least 20 years old when the booking is made and all members of the party are deemed to have authorised the primary contact to make the booking on their behalf, or their parent or guardian is deemed to have done so if a group member is under the age of 20 years old, on the basis of these terms and conditions.
Once your booking has been submitted and payment has been received by us from you, as per clause 2 below, and subject to availability, we will preliminary confirm your booking by issuing a confirmation email and invoice with a unique reference number. This will be made available online for download immediately after confirmation and an email sent to the primary contact at the email provided in the booking form. Contact us immediately if an information appears to be inaccurate or incomplete.
By making this booking and payment as per clause two below you agree to the following services as organised by Experience Earth or their suppliers; A ten (10) week fitness programme by Rampage Fitness including one (1) group session per week, five (5) organised and voluntary weekend group activities in New Zealand, once per fortnight, international flights subject to final cost, the Everest base camp trek activity in Nepal.
We regret that we cannot and will not accept any liability if we are not notified of any incorrect information within 14 days of sending you confirmation. If we are notified outside the 14 days we will endeavour to rectify any mistakes but you must meet any costs in doing so.
It is not mandatory for you to advise Experience Earth at the time of booking what travel arrangements you have made to reach the start of your activity. However, it is your responsibility to advise us of those travel arrangements no later than thirty (30) days prior to the departure date of the activity you have purchased, in order for one of our local suppliers to meet you at the appropriate place in the starting destination.
In order to confirm your place on the event, a non-refundable deposit of four hundred and ninety nine New Zealand dollars ($499) per person is payable within five (5) working days of completing the booking. The non-refundable deposit covers payment for the suppliers, secures the cost for international flights and general administration.
For non-members of Rampage Fitness the non-refundable gym membership amount stated is payable within five (5) working days of completing the booking.
You acknowledge that the cost of international flights is an estimate only and any increase on the flight cost is to be paid in full, and on time by you. You will receive communication for approval before flight cost changes are committed to.
On confirmation of the booking a payment plan will be entered into between you and Experience Earth to pay the balance of the cost, in full, unless Sections 9, 10 and 11 of this agreement apply.
The outstanding balance of the activity, will be divided over the number of months available between the confirmation date and March 2019 . Invoices will be generated on a monthly basis on the 22nd of each month. with the final invoice being generated on the 08th March 2019 .
The balance of the cost of the activity must be received by us no later than the 22nd March 2019 , Twenty One (21) days prior to the international departure date. This date will be shown on the confirmation invoice. Reminders are not sent.
If we do not receive all payments due in full and on time by the 22nd March 2019, we are entitled to assume that you wish to cancel your booking. In this case we will be entitled to keep all payments received at that date unless Clauses 9, 10 and 11 of this document apply.
All bookings attract a 5% transaction fee to cover international banking fees and currency charges
We ensure that our website is using up-to-date SSL encryption software and an accredited payment gateway supplier with a view to your payments being treated with the highest security during the transaction.
The money is immediately transferred into a separate client fund service (CFS) account operated by, and under the name of DTM Global Group trading as Experience Earth.
All money paid for the activity shall remain in our CFS account from the time of your payment or part payments until 14 days prior of the tour starting at which part the balance of your activity’s cost is remitted to the supplier.
Once the payment by you is received, Experience Earth will make payment on your behalf, to Rampage Fitness and House of Travel as and when required.
4. Conditions of Suppliers
A binding contract between you and us comes into existence upon confirmation of your booking and the unique reference number being generated.
Experience Earth outsource all work associated with the activity to local independent suppliers. The local suppliers provide their services to you in accordance with their own terms and conditions. These suppliers have been selected by Experience Earth through a screening process and are regularly audited by Experience Earth to ensure their services meet our expected standards.
By entering into the agreement of these Terms and Conditions you confirm you recognise that the local suppliers Terms and Conditions come into effect at the time of the activity commencing (or at the start date/pick up time and location in the starting destination). You agree to comply with the local supplier’s terms and conditions and any changes of these terms and conditions made. A copy of these can be made available on request and a link to them can be found in our confirmation email at the time of booking.
Experience Earth only offer a go-between service with the local supplier and you. You agree we will not be held liable for any event that may occur once your activity starts with the local supplier, including any omission or actions of the local supplier.
Experience Earth will arrange the logistics and group booking processes, however it is your sole responsibility to arrange and pay for your own travel, including all airfares (international or domestic) or other transport costs to and from the start and end points of the activity in the local country i.e the activity you specify to Experience Earth.
It is your responsibility to arrange, pay for and carry all necessary documentation when travelling abroad. You should check and confirm the appropriate visa requirements before travel and take all mandatory steps to ensure your entry will be accepted at the boarder of the destination. It is your responsibility to ensure your travel documentation is valid and up to date for travel.
We do advise that you give yourself sufficient time to arrive in and depart from the activity country. Your activity is in areas where adverse weather conditions and delays of up to days (such as domestic flights) are inevitable. Experience Earth will endeavour to advise where practical of such risks but we do not take responsibility for any inconvenience to your post activity travel arrangements as a result of our local suppliers rescheduling days on tour (for reasons including but not limited to your safety) or weather delays that prevent you returning to the activity country departure point.
Experience Earth will provide a checklist of required documentation; however Experience Earth is not responsible for any supporting documents necessary for travel.
Experience Earth and its local suppliers do not provide you with insurance of any kind. Travel insurance is mandatory for each member of the party, and it is your responsibility to purchase this prior to the departure of your trip. It is your sole responsibility to evaluate and determine the type, extent and level of any insurance coverage needed or desired for the planned travel but your insurance must include 6a below:
- Inclusion of Trekking/Hiking or high Alpine Insurance up to 6000m must be included in the insurance policy.
A copy of the insurance policy outlining the start and end dates of the policy and inclusion of trekking/hiking or Alpine Insurance must be provided to Experience Earth via email or post. This must be received on or before 30 days prior to the departure date for our approval, to secure the booking. Failure to provide the insurance policy including the Trekking/Hiking or high Alpine Insurance up to 6000m will result in the booking being cancelled with no refund of moneys paid.
You can email a copy of this insurance policy to email@example.com
You acknowledge and accept the responsibilities and risks associates with your choice to travel to, temporarily reside in, and engage in activities in potentially high risk areas, within New Zealand and a foreign country.
Such travel can be hazardous and involves a certain degree of risk, inherently dangerous activities and personal perils to you, both foreseen and unforeseen, all of which are fully accepted by and solely assumed by you.
Therefore, Experience Earth and its local suppliers, including any and all of its and their respective employees, managers, directors, shareholders, and agencies, are not liable, to the maximum extent of the law, for any loss or harm you or any member of your group may suffer, including but not limited to loss caused directly or indirectly by:
- Personal injury;
- Emotional injury;
- Illness or disease;
- Damage to or loss of property;
- Natural disasters;
- Hostage situations; or
- War on terrorism.
9. Changes by you
The primary contact can remove members from your group at any stage between the time of booking and the start date of the trip either via the online account or in writing to us in email. The updates are not confirmed until you either save the changes in the account or a confirmation email is received by you from Experience Earth outlining receipt of the cancellation and advising that the updates have been completed. Unfortunately, we cannot offer a refund on the money paid to date for cancellations unless otherwise stated as per the terms in our Refund Policy.
The primary contact may add additional persons to the group (up to the maximum number allowed per group by us per trip) up to 30 days prior to the commencement of your activity either through the online account or in writing to Experience Earth via email. Full payment of the activity is required at the time of booking regardless of when booked. The updates are not confirmed until a confirmation email is received by you from Experience Earth agreeing to the addition and advising that the updates have been completed and the terms and conditions have been observed. Please note a service fee will be included.
The primary contact may, in writing only, request a change in date for the group’s activity. We will endeavour to meet your request where possible however cannot guarantee a date change. Any change of date requires us to have emailed you so confirming.
10. Cancellations by you
Cancellations must be notified to us by the primary contact in writing. A notice of cancellation will only be effective when received by us in writing from you. A refund may be applicable, please refer to our Refund Policy for further details.
11. Changes and cancellations by us
From time to time we may be required to change and cancel the activities for reasons outside our control. If this is the case we will endeavour to contact you as soon as practical to either advise of the situation and reasons and provide options for you including, but not limited to, a rescheduled tour or a refund of the tour cost. Please refer to our Refunds policy for further details.
12. Special requests and medical conditions
It is your responsibility to advise us at the time of booking of any and all medical issues, whether pre-existing or recent you or any member of your group may have. We will pass this information on to our local suppliers to ensure they have knowledge of the conditions you advise of. If we think the condition is of concern we may suggest you seek further advice from the affected group member’s local medical practitioner before the activity. This will only be a suggestion and you and your group agree you and your group take full responsibility for the health and wellbeing and judgement of every group member.
It is your responsibility to assess the type of activity you have asked to undertake against the medical conditions you/any group member may have, whether or not stated to us at the time of booking. Experience Earth suggest you discuss the matter with your local health experts, and Experience Earth will not be held accountable for any event that may occur whilst on your activity as a result of a medical condition whether or not stated to us.
If you have any special request such as dietary requirements, you must advise us in writing at the time of booking. We will endeavour to pass any reasonable request on to the relevant supplier, but we regret that we cannot guarantee any request will be met unless we have specifically confirmed this to you. Failure to meet any special request will not be a breach of contract on our part or on the part of the local supplier, since you are aware that generally you will be located in remote environments and in a developing country. Supplies and services may not be available or provided in these locations. You agree that a booking is not subject to us or the local supplier meeting any special request. No refund will be provided if you cancel due to this.
You agree to indemnify and hold harmless Experience Earth and the local independent supplier from any and all liability arising directly or indirectly out of, or in connection with, you and your groups travel, temporary residence in their chosen destination, and the undertaking tourism activities within or outside the agreed itinerary.
Notwithstanding anything else contained in any agreement, Experience Earth is not responsible for what the local suppliers do or say; and (subject to law) any liability of Experience Earth to you on any account shall not in aggregate exceed the amount of the deposit paid for at the time of booking.
Experience Earth and/or its suppliers reserves the right to notify the emergency contact(s) appointed by the primary contact in circumstances deemed appropriate by Experience Earth.
The website and social media platforms are presented for promoting the services offered by our local suppliers. The site is operated and controlled by Experience Earth from New Zealand. Experience Earth makes no representation that material in the site is appropriate or available for use in other locations.
Experience Earth reserves the right to use images or feedback provided or shared by you for marketing and promotion purposes.
Any persons who access the website from other locations outside New Zealand do so on their own initiative and are responsible to the extent local law is applicable.
Experience Earth reserves the right to change these terms and conditions or the services it offers from time to time.
All dates and times referred to in these terms and conditions are based on New Zealand Standard Time.
15. Force Majeure
Except where otherwise expressly stated in these terms and conditions, Experience Earth has no liability for any lack of performance, unavailability or failure of the services or its website, or for any failure of Experience Earth to comply with these terms and conditions, where the same arises from any Force Majeure (any cause reasonably beyond the control of Experience Earth). ‘Force Majeure’ means any event which we or the supplier of the service(s) could not, even with all due care, foresee or avoid. Such events may include, but are not limited to, natural disasters, war or threat of war, civil strife, weather conditions and similar events outside our control.
16. Governing Law
These terms and conditions and the service provided by Experience Earth pursuant to these terms and conditions will be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts. As above, item 4, the local suppliers’ terms and conditions apply to the activity you carry out with them.