Terms & Conditions
These Terms and Conditions form a legally binding agreement between First Steps Himalaya (trading as ‘Beyond The Clouds’) (hereafter referred to as “FSH/BTC”) and the person making the booking, and all members of their party. All members of the booking are jointly and severally bound by these Terms and Conditions.
Definitions
“You” and “your” refer to the person making the booking and all members of their party, jointly and severally.
“Confirmed Departure” means a trip that has been formally confirmed by FSH/BTC in writing and has met any applicable minimum participant requirements.
“Third-Party Suppliers” means any third-party provider of services in connection with a trip, including but not limited to transport, accommodation, permits, guiding, or other travel-related services.
“Committed Third-Party Costs” means any costs paid, payable, or contractually committed by FSH/BTC to Third-Party Suppliers, including but not limited to costs relating to airlines, accommodation providers, transport operators, permit authorities, and other Third-Party Suppliers. These costs may be non-refundable or subject to supplier cancellation terms once committed.
The Booking Process
A booking request may be made by completing and submitting a booking form.
Submission of a booking form does not guarantee participation on any trip and does not create a contract.
FSH/BTC operates both scheduled group departures and private or guaranteed departures.
Scheduled Group Departures
For scheduled group departures:
Booking requests are received on a non-binding basis
FSH/BTC will invite payment of a deposit once it is actively forming a departure
A departure is only confirmed once FSH/BTC has confirmed the departure in writing AND received the required number of deposits
FSH/BTC may decline or cancel any booking request prior to confirmation
Private, Family, or Guaranteed Departures
For private or guaranteed departures:
No minimum participant requirement applies
A deposit is required upon acceptance of the booking
Contract Formation
A legally binding contract between you and FSH/BTC is formed only when all of the following have occurred:
FSH/BTC has issued written confirmation of the departure; and
FSH/BTC has received the required deposit in full.
Until both conditions have been satisfied, no contract exists and no place on any trip is guaranteed.
Customer Acknowledgement
By paying a deposit once invited to do so, you confirm that:
You agree to be bound by these Terms and Conditions
All information provided is accurate and complete
You have read and understood the relevant trip information
Your participation is subject to the trip being a Confirmed Departure
Payment for Your Trip
Where a trip is a Confirmed Departure, a deposit is required to secure your place.
For scheduled group departures, deposits are only requested once FSH/BTC is actively forming and confirming a departure.
Payment of the deposit confirms your intention to participate, subject to:
the trip remaining a Confirmed Departure
compliance with these Terms and Conditions
The balance of the trip price must be paid no later than 120 days prior to departure. For bookings made within 120 days of departure, full payment is required at the time of booking.
Failure to pay by the due date may result in cancellation of the Confirmed Departure and retention of any deposit paid, plus any Committed Third-Party Costs.
Use of Deposits and Third-Party Costs
FSH/BTC will not purchase or commit to services provided by Third-Party Suppliers, including flights, accommodation, permits, or transport, until a departure has been formally confirmed and the required minimum number of deposits has been received.
Once a departure is confirmed, FSH/BTC may use deposits and/or trip payments to secure services required for the operation of the trip. Certain costs may then become non-refundable in accordance with supplier terms.
If a departure does not proceed due to insufficient participant numbers or operational reasons, all payments received will be refunded in full, as no Third-Party Commitments will have been made on your behalf.
You acknowledge that, once confirmed, FSH/BTC may be required to make advance payments or bookings that are subject to supplier cancellation conditions.
Cancellation by You:
More than 75 days before departure
Loss of US$500 deposit per person
Plus all Committed Third-Party Costs
75 days or less before departure
FSH/BTC reserves the right to retain up to 100% of the total trip price
This reflects Committed Third-Party Costs and operational costs incurred or payable at the time of cancellation
Exceptional circumstances (applies to all time periods at FSH/BTC discretion)
In cases such as serious illness or family bereavement, FSH/BTC may, at its sole discretion, consider offering a partial refund or credit
Any exceptions will be assessed on a case-by-case basis and may require reasonable supporting documentation
After departure has commenced
No refund will be provided for any reason
All Committed Third-Party Costs remain payable
Cancellation of Trip by FSH/BTC
Force majeure
Events beyond the reasonable control of FSH/BTC, including but not limited to natural disasters, war, civil unrest, public health emergencies or government restrictions.
In such cases, refunds will be limited to amounts received by FSH/BTC, less any Committed Third-Party Costs incurred or payable (if applicable).
FSH/BTC is not liable for any additional costs incurred by you in connection with the trip or its cancellation, including but not limited to flights, visas, insurance, or other travel arrangements.
Non-payment
Failure to meet payment deadlines will entitle FSH/BTC to cancel your booking and retain any deposit paid and any Committed Third-Party Costs incurred on your behalf.
FSH/BTC is not liable for any additional costs arising from non-payment or cancellation, including but not limited to flights, visas, insurance, or other travel arrangements made independently by you.
Refunds
All refunds are subject to the terms and conditions of relevant Third-Party Suppliers, including airlines.
Airline tickets are subject to airline refund policies and are non-refundable unless the airline permits a refund.
Any refund processed by FSH/BTC will be limited to the amount actually received by FSH/BTC from the relevant supplier.
Bank charges, transaction fees, and payment processing fees are non-refundable in all circumstances.
Any losses arising from currency exchange fluctuations are non-refundable.
Where refunds depend on recovery from suppliers, refunds will only be issued once funds have been received by FSH/BTC.
Trip Price and Adjustments
Trip prices are based on costs at the time of publication.
FSH/BTC may adjust prices due to external factors beyond its control, including but not limited to:
Airfare changes
Airline fuel or carrier surcharges
Government taxes or levies (including Bhutan Sustainable Development Fees)
Exchange rate fluctuations
Supplier cost increases
Any price increase will only be applied where necessary due to external cost increases beyond the reasonable control of FSH/BTC. You will be notified in writing about any price increase to be applied and the reason for it. Minor cost variations will normally be absorbed where reasonably practicable.
Once full payment has been received, no further price increases will apply except where required by government action (including visa fees, taxes, or official levies).
If a price increase exceeds 10% of the total trip price, you may:
cancel and receive a refund of payments made to FSH/BTC (excluding non-refundable or committed Third-Party Costs), or
accept the revised price.
Airfare Conditions
Airfares are subject to change until tickets are issued or confirmed.
Airline-imposed surcharges will be passed on at cost.
Once issued or confirmed, tickets are subject to airline terms and conditions and may be non-refundable or subject to airline cancellation policies.
FSH/BTC is not responsible for fare increases, surcharges, or changes arising from delayed payment, late booking, or airline-imposed conditions.
Change of Trip by You
If you wish to change the departure date or otherwise amend your booking, FSH/BTC will endeavour to accommodate your request where possible, subject to availability and operational constraints.
Any changes may be subject to additional charges, including but not limited to supplier fees, airline penalties, ticket reissue costs, and reasonable administrative costs incurred by FSH/BTC.
Where Third-Party Supplier services have already been issued or confirmed, changes may result in additional Committed Third-Party Costs being payable by you.
All charges must be paid in full before any change is confirmed.
FSH/BTC does not guarantee that changes can be accommodated in all circumstances.
Itinerary Changes
FSH/BTC provides carefully planned itineraries. However, you acknowledge that travel in the Himalayan region is subject to operational, environmental, and logistical factors beyond the control of FSH/BTC, including but not limited to weather conditions, flight disruptions, government restrictions, and other unforeseen circumstances, which may require changes to the planned itinerary.
FSH/BTC and its partner organisations or agents reserve the right to modify the itinerary where necessary for operational, safety, or logistical reasons, and in the best interests of the group.
Any additional costs arising from such changes, including but not limited to increased accommodation, transport, permits, or flight costs, will be payable by you.
It is your responsibility to obtain appropriate travel insurance to cover such eventualities.
No refund, credit, or compensation will be provided for any unused services, including air tickets, accommodation, transport, or any other component of the trip, where such services have been affected by itinerary changes.
Insurance
As a condition of participation in a trip, you are required to obtain and maintain comprehensive travel insurance.
Your insurance policy must provide adequate cover for, at minimum:
Overseas medical treatment
Emergency medical evacuation and repatriation (including air ambulance or equivalent transport where required)
Participation in all activities included in your itinerary, including trekking, hiking, cultural excursions, or other guided travel activities where applicable
FSH/BTC may require evidence of comprehensive travel insurance for all members of your party at any time before, during, or after the trip, including in connection with any incident, claim, or dispute arising from the trip.
You consent to FSH/BTC arranging medical treatment or evacuation where reasonably necessary. Any costs not covered by insurance remain your responsibility.
You must declare pre-existing medical conditions to both insurer and FSH/BTC prior to departure.
Risk Acknowledgement
You acknowledge that travel in the Himalayan region involves inherent risks including but not limited to injury, illness, delay, discomfort, or death.
Nothing in these Terms limits your rights under applicable consumer law.
Participation involves travel in remote environments where standards may differ significantly.
You accept responsibility for assessing risks using official travel advisories.
To the maximum extent permitted by law, FSH/BTC will not be liable for loss, injury, death, delay, or expense except where such liability cannot be excluded by law.
FSH/BTC is not liable for events beyond its reasonable control.
You must report any incident, injury, illness, or other matter reasonably capable of affecting safety, wellbeing, or liability before completion of the trip.
Authority of FSH/BTC Staff and Representatives
The decisions of FSH/BTC and its trek leaders, tour guides, partner organisations, and agents shall be final in all matters relating to the safety, wellbeing, and operational management of you and the group.
This includes decisions regarding your ongoing participation in the trip, fitness to continue, and any requirement to descend in altitude, adjust participation, or modify arrangements for safety reasons.
If you fail to comply with a decision made by FSH/BTC or its representatives, FSH/BTC reserves the right to terminate your participation in the trip and require you to leave immediately, with no right to refund.
Such decisions will be made solely in the interests of your safety and wellbeing or that of the group, and at the reasonable discretion of FSH/BTC or its authorised representatives.
Liability
To the maximum extent permitted by law, FSH/BTC is not liable for any loss, damage, injury, illness, death, delay, or expense arising out of or in connection with your participation in a trip, except to the extent that such liability cannot be excluded or limited under applicable law.
FSH/BTC shall not be liable for any indirect or consequential loss or damage, including but not limited to loss of enjoyment, loss of opportunity, loss of income, or loss of profit, however arising.
FSH/BTC is not responsible for any loss, delay, disruption, injury, or additional costs arising from events beyond its reasonable control, including but not limited to flight delays or cancellations, weather conditions, natural disasters, political unrest, civil disturbances, strikes, pandemics, or government actions.
FSH/BTC is not liable for any act or omission of Third-Party Suppliers, including but not limited to airlines, accommodation providers, transport operators, guides, contractors, or partner organisations, except to the extent that such liability cannot be excluded by law.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
Complaints
Complaints should be raised during the trip where reasonably possible. If this is not possible, they must be submitted in writing within 15 days of trip completion. Failure to do so may limit FSH/BTC’s ability to investigate or resolve the issue.
Privacy
Personal information is treated as confidential and will not be disclosed to any third party except where necessary to ensure your safety or wellbeing, or where required by law. FSH/BTC undertakes to handle all personal information in strict confidence.
Governing Law
This Agreement is governed by and construed in accordance with the laws of New Zealand and is subject to the exclusive jurisdiction of the courts of New Zealand.
First Steps Himalaya and Beyond The Clouds.
April 2026
