Terms & Conditions
Below are the Terms and Conditions of your booking agreement with First Steps Himalaya (trading as ‘Beyond The Clouds’) (hereafter referred to as “FSH/BTC”). Please read these carefully, as these terms and conditions comprise a legally binding agreement between FSH/BTC and you (and the members of your party) for the trip you are taking.
Definitions:
“You” and “your” where used in these terms and conditions include and bind you as an individual making a booking, as well as each and every member of a group jointly and separately if a group makes a single booking together.
The Booking Agreement:
When you make a booking you must complete a booking form. Signature of the booking form means that you:
Accept and agree to be bound by these Terms and Conditions;
Agree to pay a deposit to FSH/BTC (the amount will vary according to the booking);
Acknowledge that you have read all relevant trip information;
Warrant that the information given by you in the booking form is complete and true;
Understand that a legally binding contract will exist with FSH/BTC when a booking confirmation is issued.
Payment for Your Trip:
You must pay the full amount due to FSH/BTC as set out in our booking confirmation (“the trip price”) no later than 120 days before the trip departure date.
You must pay the full trip price immediately if you make your booking within 120 days of the trip departure date.
If FSH/BTC does not receive payment of the full trip price when due, FSH/BTC may, at its sole discretion, cancel your booking and you may forfeit your deposit. Additional cancellation penalties may apply and be payable by you.
Cancellation by You:
If you wish to cancel your trip you must notify FSH/BTC in writing. The effective date of the cancellation is the date on which FSH/BTC receives the written notice of cancellation from you. A cancellation charge may, at the sole discretion of FSH/BTC be payable by you as follows:
Cancellation more than 75 days before departure date and no flights booked: Loss of US$500 of deposit (or equivalent in other currency).
Cancellation more than 75 days before departure date & flight booked on your behalf: Loss of US$500 deposit, and any additional flight costs paid on your behalf.
Cancellation less than 75 days before departure date: Loss of total trip price.
No refund of the trip price or financial assistance or compensation will be payable by FSH/BTC to you if you have to leave a trip after it has commenced, whether of your own will or due to ill health or medical emergency. If requested, FSH/BTC will provide a covering letter to assist with your resulting claim through your insurance company.
Trip Price:
FSH/BTC bases trip prices on the best available costs for accommodation, transport, and government charges at the time of publication. While we make every effort to maintain these prices, factors beyond our control (such as changes in airfares, fuel costs, exchange rates, or government taxes) may occasionally result in an adjustment.
Any increase will be applied only when unavoidable, and we will absorb minor cost variations wherever possible. Once full payment has been received, no further price increases will be applied except where required by government action (for example, changes to visa fees or the Sustainable Development Fee).
Change of Trip by You:
If you wish to change the departure date of your trip FSH/BTC will endeavour to accommodate your request. An additional fee (to be determined by FSH/BTC at its sole discretion) may be payable by you as a result of such change but this will be discussed with you at the time of your request.
Cancellation of Trip by Us:
FSH/BTC reserves the rights to cancel the tour at any time up to the trip departure date if:
You fail to make full payment of the trip price when due;
There is a threat of war, riots of civil strife, natural disaster or the occurrence of other force majeure event; or
Minimum group numbers are not met.
Except where full payment is not received, FSH/BTC will give you a full refund, but will not be liable for any claims made by you or for any additional costs incurred by you. Where cancellation is due to you failing to make full payment, FSH/BTC may retain your deposit, and additional cancellation penalties may be payable (as stated under “Payment for Your Trip” above).
Please note:
1) Where an air ticket has been purchased on your behalf, we will do our best to obtain a full refund from the airline; however, this is subject to the airline’s terms and conditions.
2) In the event of FSH/BTC making a refund to you, the amount returned will be the amount FSH/BTC received in its account less any transaction costs. Any loss through exchange rate fluctuation or bank fees cannot be refunded.
Insurance:
As a condition of your booking, you must purchase comprehensive travel insurance. Your policy must include adequate cover for overseas medical treatment, rescue and repatriation (including helicopter and air ambulance) and provide cover for trekking, white-water rafting, canyoning, and rock climbing where applicable.
By signing the booking form, you consent to FSH/BTC arranging any evacuation, first aid or medical treatment deemed necessary by FSH/BTC at your expense. You must declare any pre-existing medical conditions to both your travel insurance provider and to FSH/BTC at the time of booking.
Risk Assumption:
FSH/BTC operates trips in the Himalayan region, where standards of accommodation, transport, safety, hygiene, medical facilities, and other infrastructure may not be of the standard you are used to. By signing the booking form, you accept that participating in FSH/BTC trips, including those to Nepal, Bhutan, Tibet, and Ladakh (and any stopover cities), involves risks which may cause injury, illness, or discomfort.
It is your responsibility to assess these risks and to consider all relevant travel information, including that provided by government agencies. While FSH/BTC and its partner organisations and agents endeavour to conduct trips with the utmost care and concern for your welfare, you must accept that the trustees, directors, staff, contractors, and agents of FSH/BTC, as well as its partner organisation First Steps Nepal, will accept no liability or responsibility for compensation or damages arising from death, injury, illness, property damage, or other expense you may directly or indirectly suffer or incur through participation in your trip, however caused.
You must report any accidents, injuries, loss, or damage to us before completion of your trip.
FSH/BTC, First Steps Nepal, their partner organisations and agents will not be held liable for any consequences or loss caused by flight delays or cancellations, strikes, riots, civil war, acts of nature including earthquakes, landslides, flooding, or weather.
Changes to Planned Itinerary:
FSH/BTC provides itineraries that are carefully planned. However, you must accept that you are travelling in a developing country where factors beyond FSH/BTC’s control (including weather, flight schedules, or unforeseen circumstances) can alter the planned itinerary.
FSH/BTC and its partner organisations or agents reserve the right to change the itinerary in your best interests and those of the group as a whole. Any additional costs that result, such as increased or additional accommodation or flight costs are your responsibility and must be paid as they arise. It is your responsibility to obtain adequate travel and other insurance to cover such circumstances.
No refund or compensation will be made for any unused air tickets, accommodation, services, or features of the trip.
Authority of FSH/BTC staff, contractors, partner organisations, agents and trekking guides:
The decisions of FSH/BTC and its trek leaders, tour guides, partner organisations, and agents shall be final on all matters relating to the safety and well-being of you and the group you travel with. This includes any decision that the trek leader, tour guide, agent, or FSH/BTC representative makes about your ongoing participation in the trip or whether you should be required to return to a lower altitude.
If you fail to comply with a decision made by the trek leader, tour guide, agent, or FSH/BTC representative, FSH/BTC reserves the right to terminate this contract with you and require you to leave the trip immediately, with no right of refund. Such decisions will only be made for the benefit of your own safety and wellbeing, or that of the group, as decided by FSH/BTC or its agents in their absolute discretion.
Complaints:
Our aim is to resolve complaints locally and immediately. If this is not possible, complaints must be made in writing to us within 15 days of leaving the trip.
Privacy:
Any personal information you provide will not be disclosed to any third party unless necessary to ensure your safety or wellbeing. FSH/BTC undertakes to treat such private information in strict confidence.
Governing Law:
This Agreement shall be governed by and construed in accordance with New Zealand law and subject to the exclusive jurisdiction of New Zealand courts at all times.
First Steps Himalaya and Beyond The Clouds.
November 2025
