General Terms and Conditions (GTC)
- Scope of Application
These General Terms and Conditions (GTC) apply to all contracts for package tours, individual travel arrangements, and travel brokerage services concluded between Travel Himalaya GmbH, registered office at 6006 Lucerne, Switzerland (hereinafter the “Tour Operator” or “Agent”), and the customer.
The version of the GTC valid at the time of conclusion of the contract shall apply.
- Conclusion of Contract
The contract is concluded as soon as the customer receives a written booking confirmation (email is sufficient). By making the booking, the customer confirms that they have read and accepted these GTC.
For individually tailored trips, the booking becomes binding once the customer confirms the offer in writing.
- Services
The scope of the contractual services is determined by the booking confirmation and the service descriptions referred to therein. Depending on the trip, Travel Himalaya GmbH acts either:
- as a tour operator (own performance or organisation of package tours), or
- as an agent for individual services (e.g. flights, local transport, hotels, guides).
The applicable role in each case is stated in the booking confirmation.
- Prices
All prices are stated in Swiss francs (CHF), unless otherwise agreed.
Price changes are reserved in the event of:
- exchange rate fluctuations
- official charges, fees or taxes
- fuel surcharges
- subsequent price changes by third-party providers
Confirmed prices remain unaffected unless a price adjustment is legally permissible.
- Payment Terms
5.1 Deposit
Upon conclusion of the contract, a deposit of 15% of the total travel price is due, unless otherwise stated in the booking confirmation.
5.2 Final Payment
The remaining balance must be paid no later than 30 days prior to departure.
5.3 Short-Notice Bookings
For bookings made less than 30 days before departure, the full travel price is due immediately.
5.4 Flight Bookings
For flights booked simultaneously or issued separately, the payment and cancellation conditions of the respective airline apply. In many cases, flight tickets are due immediately and are non-refundable or only partially refundable. These costs are communicated transparently to the customer at the time of booking.
5.5 Methods of Payment
Payment is generally made by bank transfer.
Credit card payments are only possible in exceptional cases and may be subject to additional fees.
- Cancellation by the Customer
The customer may withdraw from the contract prior to the start of the trip. The decisive factor is the time at which the cancellation notice is received.
The following customer-friendly cancellation fees apply, unless mandatory third-party costs prevent this:
- up to 45 days before departure: free of charge
- 44–30 days before departure: 15% of the travel price
- 29–15 days before departure: 30%
- 14–7 days before departure: 50%
- from 6 days before departure or no-show: 80–100%
Already issued flight tickets, visas, permits, and other non-refundable third-party services are charged in full.
The customer reserves the right to prove that no damage or a lower amount of damage has been incurred by the tour operator.
- Rebooking
Rebookings are generally possible, provided they are feasible.
Any additional costs incurred (e.g. fees charged by service providers) shall be borne by the customer.
- Cancellation or Changes by the Tour Operator
The tour operator reserves the right to withdraw from the contract or to modify services for important reasons (e.g. force majeure, official orders, security situation). In such cases, the customer will be informed without delay.
Payments already made will be refunded insofar as no unavoidable costs have been incurred.
Further claims for damages are excluded.
- Liability
Liability is governed by the applicable statutory provisions and the industry standards of the Swiss Travel Association (SRV).
The tour operator shall not be liable for:
- services provided by mediated third-party providers where it is not itself the tour operator
- force majeure
- political unrest, natural events, strikes
- individual risks associated with adventure, trekking or high-altitude travel
- Customer’s Duties to Cooperate
The customer is responsible for:
- valid travel documents (passport, visas)
- compliance with vaccination and health regulations
- compliance with local laws and regulations
Mandatory Insurance
For all trips, the customer is required to maintain valid travel insurance including reminder coverage from the date of booking. By making the booking, the customer confirms that they have such insurance coverage.
- Complaints
Any defects must be reported immediately on site to the tour guide or service provider so that remedial action can be taken.
Failure to do so may result in a reduction or exclusion of claims.
- Data Protection
The processing of personal data is carried out in accordance with the Swiss Data Protection Act (DPA) and, where applicable, the GDPR.
- Applicable Law and Place of Jurisdiction
Swiss law shall apply exclusively.
The place of jurisdiction is Lucerne, unless mandatory statutory provisions provide otherwise.
- Severability Clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
