Because of the financial commitment involved in the Original Everest Marathon it is necessary to have conditions of booking similar to those of a normal holiday. Your booking is through Community Action Treks Ltd, the not-for-profit organisation which supports its sister charity, Community Action Nepal.
Community Action Treks Limited, hereinafter called the Company, accepts bookings on the following conditions:
o Your contract is with Community Action Treks Limited
o When you register for the Original Everest Marathon, hereinafter referred to as the holiday, and you are given a place to take part as a runner, marshal or part of the organising team, a legally binding contract is made.
o When we accept your booking, we agree to carry out our obligations to you as defined in this document. The bookings can only be waived by a director of the company and in writing.
o Registering for the Original Everest Marathon takes place online, through the website.
o In order to send your online application, you must first read the liability waiver and booking conditions before ticking the box to say that you have done so.
o By sending your registration form, it implies your acceptance of both the liability waiver and booking conditions and that the information given by you on the registration is complete and true.
o Once your online application has been received the OEM Race Director will assess your health and experience and email to say you have been accepted to run or marshal in the OEM.
o In the case of your experience, health or level of fitness being deemed insufficient to complete the trek or marathon without causing potential harm to yourself or others, you application will be turned down until you are able to resolve the issue.
o Once you are accepted onto the holiday, the non-returnable deposit of £500 secures your place on the OEM and is a confirmation of your booking.
o All payments must be made online in sterling. A written contract subject to English law then exists between you and the company.
o We reserve the right to refuse any booking.
Further Information and Paperwork
As soon as your application has been accepted, you will be able to Log on to the ‘members’ section of the web site where you can access:
• Doctors Certificate
• Information on insurance
• Which vaccinations you need
• How to get your Visa
• Kit list
• Keeping in touch from Nepal
• Who else is going
• Opportunities for training runs and meeting up
• Details for arrival
You can choose to pay in instalments or make a one off payment. The longer you leave it to register, the fewer instalments and the larger the payments.
We have the hotel and agent to pay well in advance, so require funds to do this.
o A deposit of £500 is required when your registration has been accepted, to confirm your place.
o You can arrange to pay the balance in one payment or in instalments, with the amount and frequency of payment to suit your circumstances, given that:
- 50% of the balance must be paid by February 28th 2019
- 75% of the balance must be paid by April 30th 2019
- If you chose to pay in instalments, the total amount must be paid by 30th July 2019.
o If you register after 30th July, your payment must be a deposit of £500 + one sum of £2,800, before 30th September.
o Payments can be made online using a credit card or debit card through the Stripe interface, or by Bank Transfer. Using Stripe incurs a charge of approximately £50 for the maximum number of 7 instalments, whereas bank transfer is free to UK residents.
For people living outside the UK it will be more cost effective to pay by credit/debit card using our Stripe interface
If, for any reason, the balance is not received by the due date, the Company reserves the right to cancel the booking and apply a cancellation charge in accordance with the scales shown below.
Refund & Cancellation Policy
o The £500 deposit is non-refundable
o Cancellation before 01 June 2019, 50% refund of the total paid
o Cancellation after 01 June 2019, 40% refund of the total paid
o Cancellation after 30th July, 30% refund of the total paid
o Cancellation after 30th August, no refund of the total paid.
Cancellation date is when notification is received by us. Cancellation charges may be covered by the compulsory insurance.
A copy of your insurance certificate is required on or before 30th August. Failure to pay by 30th August or to provide insurance information may be treated as a cancellation of the booking (see below).
The price quoted for the holiday is based on exchange rates and operating costs at the time of booking. The Company reserves the right to levy flight, fuel and/or currency surcharges following significant fluctuations.
The Company will bear the cost of price increases of up to 2% . No other surcharges relating to operating costs will be introduced, unless it becomes necessary for reasons beyond our control. Any surcharge, will be requested in writing and clients must pay the increased costs. Failure to pay the surcharges will be treated as a cancellation of the booking by the client and cancellation charges will apply. If however, the surcharge exceeds 10% of the price quoted at the time of booking, the client is entitled to cancel the holiday and obtain a full refund, less the deposit, (which covers administrative costs).
Complaints whilst in Nepal
Our desire is to resolve any complaint locally and immediately. If you have a complaint please raise the matter as soon as possible with your team leader or the Race Director, who will attempt to find an appropriate solution. If this is not possible, complaints must be made in writing to the Company within 15 days of the client’s return to the UK.
The Risks You Accept
Your booking is accepted on the understanding that you realise the possible discomfort and frustration of travelling in Nepal where Western standards cannot be taken for granted.
Also, that you accept the possible hazards of mountain travel and come on the tour at your own risk. Paths and bridges may be hazardous and exposed; there may be danger from landslides and avalanches; roads and traffic do not conform to Western standards. You must accept the possibility of changes to the planned itinerary due to weather. In particular, the domestic flight may be delayed or cancelled because of weather conditions. Itinerary changes may also be necessary because of the sickness of party members or unexpected staff problems. You accept the health hazards of travel in Nepal and, in particular, those associated with the trek and race.
We have anticipated the ‘what if’s’ in resourcing and costing this holiday so any extra costs within the framework of the OEM are absorbed. Should you decide to go outside the trek / marathon framework, you will be responsible for paying for any extra expenditure.
Cancellations and Alteration by Community Action Treks
We reserve the right to cancel the holiday because of events outside our control (e.g. wars, strikes, force majeure) and will then refund all monies paid less any charges made by airline, hotel or agent and the deposit. We reserve the right to alter plans and will inform you of such changes as soon as possible. Where we consider such changes to be substantial you may cancel your booking and receive all money paid, less the deposit. We always follow the advice issued by the UK Foreign & Commonwealth Office (UK FCO) regarding the safety of travelling to Nepal.
Whilst the OEM has a set itinerary for the trek and marathon, should we need to alter this due to events outside our control, the final decisions rest with the Race Director, Team Leaders and Sirdar’s. Any change of plan will put the safety and welfare of participants and staff its main concern.
The Race Director and the Team Leaders have authority to ask you to leave the tour without right to any refund if you commit any illegal act or if, in their opinion, your behaviour is detrimental to the safety and welfare of the group. The Health team has authority to ask you to withdraw from the trek or marathon for health reasons which might jeopardise the safety of yourself or others.
We cannot accept liability for any consequences of force majeure, weather conditions, fire, civil or military disturbance, criminal activity, industrial action, mechanical breakdown, quarantine restrictions or government intervention due to circumstances beyond our control. All arrangements are made subject to the conditions imposed by foreign governments, other agents and companies. We cannot accept liability for the performance of services provided by airlines as such circumstances are beyond our control, but we shall make every effort to provide prompt assistance if you are in difficulty.
All services in Nepal are provided by other agents and companies. Under EC regulations we are obliged to accept liability for the non-performance or improper performance of those services. However, Nepal is an undeveloped country and Western standards cannot be expected. We cannot be responsible for power cuts, failure of water supplies, road and traffic conditions and the lack of services which would be expected in the West.
If you fall ill or have an accident, we shall make the best possible arrangements for you. In Kathmandu our agent will assist with medical or hospital treatment and liaise you’re your insurance company for arrangements for you to fly home.
No responsibility or liability can be accepted by Community Action Treks Ltd. for any accident, loss or injury, unless caused by their proven negligence.
Any information given by the Company in regard to visas, vaccinations, climate, clothing, special equipment, topography etc. is done in good faith and without responsibility on our part.
In principle, no refunds will be made to anyone who leaves the holiday en-route, or for unused services included in the price. For example, you cannot claim a refund if you return from the trek early as food will already have been bought and wages will have to be paid for the full period.
If you leave the holiday, you are responsible for any extra expenses, e.g., rescue, food and accommodation costs for yourself and any support staff. It is important that you carry with you the means to meet these costs in cash at the time of them being incurred.
No Refund or compensation will be made or given for any unused air tickets, hotel accommodation, services or any other feature of the holiday.
The Original Everest Marathon uses one in-country flight, the return from Kathmandu to Lukla. This is financially protected by the ATOL scheme. You will receive an ATOL Certificate for this flight on or before 30th August 2019.
For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
Your Financial Protection
When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Suitable insurance is compulsory and must cover trekking to 5,500 metres, medical expenses and rescue and repatriation by helicopter if you are too ill to continue.
You must declare any pre-existing medical conditions to the insurance company. We advise you to take out appropriate insurance for a year before (12th December 2018), as this will safeguard your payments should you subsequently have to cancel for an insured reason.
Information on which insurance to use is on the website in the members section.