TRAVEL AGREEMENT

Base Camp Himalayas Pty Ltd ACN 686 260 828 (Base Camp Himalayas) operates a travel, trekking, climbing and mountain biking coordination business that offers curated packages and tailored itineraries, as described on our website www.basecamphimalayas.com.au

Base Camp Himalayas has agreed to provide the Services to you (the Client, you or yours) and the Client has agreed to procure the Services from Base Camp Himalayas in one of two ways:

• by selecting one of our pre-designed, all-inclusive Trekking, Peak Climbing or Mountain Biking Expedition packages (Activity) listed on our website and proceeding through the standard online booking process; or
• by contacting us directly to request a custom itinerary. In that case, we will work with you to prepare a personalised trip summary and price estimate, which will be sent to you via email

In this agreement, both standard and custom trip offers are referred to as a ‘Proposal’.

Your booking is confirmed once you accept the Proposal in writing (via email) and pay the required deposit (Booking). After confirmation, we will issue an invoice for the remaining balance and provide the due date for final payment. Together, your acceptance of the Proposal, payment of the deposit, and these terms and conditions form the agreement between you and Base Camp Himalayas.

Following confirmation, you will also receive a Welcome Package, which includes key pre-Activity planning resources. Our services are limited to land-based activities and inclusions set out in your Proposal so please check that you understand what is included and what is excluded before confirming your Booking.

You acknowledge that international flights and associated travel arrangements are not included in our packages (unless expressly stated in writing) and must be arranged independently. We are not responsible for any delays, cancellations, or disruptions to your international travel.

By paying the deposit or otherwise proceeding with the booking, you agree to be bound by the terms of this agreement, including your selected package and its associated inclusions.

These terms were last updated on 6 March 2026.

Capitalised words and phrases used in these terms and conditions have the meaning given:

• to that word or phrase in the Proposal;
• by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or
• in the definitions in clause 18 of this agreement.

Unless otherwise expressly stated, in the event of any inconsistency between these terms and conditions and the Proposal, these terms and conditions will prevail to the extent of such inconsistency.

Where a participant is under the age of 18, a parent or legal guardian must complete the Booking on their behalf and agrees to these Terms and Conditions on the minor’s behalf. By proceeding with the Booking, the parent or guardian:

• confirms they have the authority to act on behalf of the minor;
• accepts full responsibility for the minor’s participation in the Trek, Peak Climb and/or Mountain Biking Expedition and associated Services; and
• acknowledges and accepts all risks on the minor’s behalf as outlined in this agreement.

We reserve the right to request proof of parental or guardian authority before allowing a minor to participate in any Trek, Peak Climb and/or Mountain Biking Expedition or related Services.

These Terms apply to all services provided by Base Camp Himalayas and form part of every agreement, quote or booking made with you, unless otherwise agreed in writing(each a Proposal).

By making a Booking, you warrant and represent that:

• You are legally able to enter into a binding agreement;
• If you’re booking for someone else (or a group), you’re authorised to do so on their behalf.

• We’ll provide the Services described in your Proposal. You authorise us to make bookings with third-party providers (e.g. hotels and transport) on your behalf.
• The Client acknowledges and agrees that Base Camp Himalayas provides mountaineering, trekking, and expedition services, including guides and porters directly engaged by us. Certain services, including transport, domestic flights, hotels, and helicopter transfers, are provided by independent third-party operators. While we make reasonable efforts to select reputable providers, the Client agrees that Base Camp Himalayas accepts no liability or responsibility for any acts, omissions, errors, or negligence of these third-party operators or their equipment. The terms and conditions of such third-party providers, including cancellation policies, no-refund policies, and on-mountain safety waivers, will apply to all bookings for these outsourced services

If you request itinerary changes (e.g. upgraded accommodation, different transport, added meals), we may agree in writing. You must:

• Confirm the change in writing;
• Pay any additional costs in full before we proceed.

We may also charge a reasonable Change Fee reasonably determined by us, to cover the cost of any additional work or expenses incurred in connection with your requested changes. This Change Fee will be treated as a Fee under this Agreement.

We may modify your itinerary (e.g. route, transport, accommodation) due to weather, safety, or unforeseen circumstances. Any added costs due to changes—whether requested by you or required by us—are your responsibility.

If you choose or need to end your Trek, Peak Climb and/or Mountain Biking Expedition early (e.g. due to illness or personal reasons), you will not receive a refund. You’ll remain responsible for the full Activity cost and any extra expenses (e.g. transport, evacuation). We’ll assist with alternative arrangements where possible, but all costs are yours.

Third-party providers (e.g. airlines, hotels) have their own terms and conditions. We’ll notify you where possible, but it’s your responsibility to review and accept them. If you don’t accept, this may affect our ability to proceed with your Booking.

If your Trek, Peak Climb and/or Mountain Biking Expedition is priced based on a group (e.g. 5 people) and that number reduces before departure, the total trip cost remains the same. We may not be able to adjust bookings (e.g. flights or accommodation) at short notice, and no partial refunds will apply.

Our services are general in nature and not tailored to your personal health or legal circumstances. You must seek independent advice (including medical advice) if needed and ensure compliance you’re your risk, local laws and travel requirements.

We aim to provide accurate travel information based on materials from third-party providers. However:

• We’re not responsible for errors or outdated content from those providers.
• Travel details may change without notice – you should verify their accuracy.
• You are responsible for assessing whether the Trek, Peak Climb and/or Mountain Biking Expedition and any related services are suitable for your needs. We are not liable for issues caused by relying on this information.

• Regardless of which package or Activity you select, we strongly recommend that you obtain comprehensive travel insurance, which should include cover for:
  • cancellation due to illness or unexpected events; and
  • medical emergencies and evacuation.
• For Peak Climbs, it is a strict condition of booking that you obtain specialist mountaineering and travel insurance. This insurance must explicitly cover high-altitude climbing up to 7,000m, the use of technical mountaineering equipment, and emergency helicopter evacuation and medical repatriation. The Client must provide proof of their insurance coverage (including specific high-altitude inclusions for Peak Climbs) to Base Camp Himalayas at least 30 days prior to the Start Date. Base Camp Himalayas reserves the right to cancel the Client’s booking without refund if acceptable proof of insurance is not provided.
• You are responsible for ensuring your insurance policy provides appropriate coverage for the nature and elevation of your Trek, Peak Climb and/or Mountain Biking Expedition.
• Where bicycles or related equipment are provided to you, you accept full responsibility for the care of the equipment. You agree to reimburse Base Camp Himalayas or our third-party providers for any loss, theft, or damage to the bicycles and equipment beyond normal wear and tear incurred during the expedition.

• You are responsible for ensuring your passport is valid for at least 6 months and that you have the correct visa or permits.
• Any visa guidance we provide is general and not legal advice.
• We are not liable for issues with your documentation, including delays, fines, or denied entry.
• You must:
  • Provide accurate details at the time of booking;
  • Ensure documents match your passport name;
  • Check your documents for errors and notify us immediately.

  Travel documents are non-transferable and may be cancelled if details are incorrect.

• Trekking, Peak Climbing and/or Mountain Biking Expeditions in the Himalayas carry inherent risks, including but not limited to altitude sickness, physical injury, illness, unpredictable weather, remote medical access, natural hazards, and transport disruptions..
• You acknowledge that Peak Climbing involves extreme and significantly amplified risks. In addition to the inherent risks of a Trek, Peak Climbs present life-threatening hazards including, but not limited to, severe high-altitude illness (such as acute mountain sickness, High Altitude Pulmonary Edema and High Altitude Cerebral Edema), frostbite, avalanches, rockfalls, icefalls, crevasses, and extreme weather. You explicitly acknowledge the inherent dangers associated with high-altitude climbing up to 7,000m above sea level and the use of technical mountaineering equipment (including, but not limited to, ropes, crampons, ice axes, and harnesses).
• For Mountain Biking Expeditions, you acknowledge that Mountain Biking involves amplified risks including, but not limited to, collisions with natural or man-made objects, falls, equipment failure, steep and unstable terrain, and severe weather conditions, all of which can result in serious injury or death. For all Mountain Biking Expeditions, you agree to wear a securely fastened, safety-certified helmet at all times while riding. You acknowledge that failure to wear a helmet or follow the guide’s safety instructions may result in your immediate removal from the expedition without refund.
• By booking and participating in a Trek, Peak Climb and/or Mountain Biking Expedition you acknowledge and voluntarily accept all such risks. We are not liable for any injury, illness, loss, or damage sustained during your participation, except where required by law.

• The Client warrants that they are medically fit to participate in the activities outlined in their itinerary and that they have disclosed any relevant medical conditions to Base Camp Himalayas. It is the Client’s responsibility to seek medical advice prior to travel and ensure they have obtained any recommended vaccinations, medications, or medical clearance.
• For Peak Climbs and Mountain Biking Expeditions, the Client also warrants they possess the necessary cardiovascular fitness, high-altitude tolerance, and any prerequisite technical mountaineering or cycling experience required to safely participate and utilise the required equipment.
• Base Camp Himalayas is not a medical provider and does not offer medical advice or emergency care. In the event of a medical emergency during the Trek, Peak Climb and/or Mountain Biking Expedition, Base Camp Himalayas will assist in arranging access to appropriate medical services (e.g. evacuation or local treatment), but all associated costs are the Client’s responsibility. Clients are strongly encouraged to hold comprehensive travel insurance that covers emergency medical expenses, including helicopter evacuation.

You are responsible for the security of your personal belongings throughout your trip. This includes luggage, passports, electronics, and valuables. We are not liable for any loss, theft, or damage to personal property during your travel or Activity. We recommend purchasing travel insurance that covers loss or damage to personal effects.

The Client agrees to indemnify and hold harmless Base Camp Himalayas, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including legal and medical costs) arising directly or indirectly from the Client’s reckless or intentional misconduct, failure to follow the explicit instructions of the third-party guide, or breach of any safety rules or regulations established by the third-party service provider while participating in a Trek, Peak Climb or Mountain Biking Expedition.

• Fees are as set out in your Proposal. Prices may change before you confirm a Booking due to supplier costs or currency fluctuations. Once confirmed and paid, the price is locked in.
• A 50% deposit is required to secure your Activity. The balance is due 30 days before departure. If you book within 30 days of departure, full payment is required upfront. All payments are non-refundable unless otherwise stated in this Agreement.

• (a) If you wish to cancel your Trek/ Peak Climb/ Mountain Biking Expedition, you must notify us in writing at info@basecamphimalayas.com. The following cancellation fees apply based on the notice period before your Activity departure date:
  • More than 60 days before Trek/ Peak Climb/ Mountain Biking Expedition: 70% of your paid deposit will be refunded
  • 30-60 days before Trek/ Peak Climb/ Mountain Biking Expedition: 50% of your paid deposit will be refunded
  • Less than 30 days before Trek/ Peak Climb/ Mountain Biking Expedition: No refund will be provided
• Please note that all cancellation timelines refer to calendar days prior to the scheduled Activity start date. These fees reflect genuine costs we incur in preparation for your Activity, including supplier payments that are non-refundable to us.
• In some cases, at our discretion, instead of a refund we may offer a credit note equal to the value of the non-refundable amount. Credit notes are valid for 12 months and may be applied to a future Activity with us.

• (a) In rare cases, we may need to cancel your Activity due to events outside our control (e.g. natural disasters, political unrest, border closures). If this happens, we will offer you the choice of:
  • a full refund of all payments made, minus any non-refundable supplier costs and international transfer fees; or
  • an alternative Activity of equal or greater value, subject to availability
• We’ll notify you as early as possible and work with you to find the best outcome. Please note, we are not responsible for additional costs outside our control (e.g. flights or accommodation booked independently).

You are responsible for any additional costs due to changes you request, or unexpected changes (e.g. helicopter evacuations, upgraded hotels).

• The other party may issue a written notice identifying the breach and allowing 10 business days to fix it (or longer, at their discretion).
• If not rectified within that period, the agreement may be terminated by written notice.
• Termination for breach does not limit any rights either party may have to claim losses or enforce indemnities under this agreement. In particular, Base Camp Himalayas’ potential losses due to a client’s breach may exceed any prepaid amounts.

If this agreement ends, in addition to the specific consequences set out in clause 7.5 (as applicable), the parties will:

• return all property and Confidential Information to the other party;
• comply with all obligations that are by their nature intended to survive the end of this agreement; and
• stop using any materials that are no longer owned by, or licensed to, them when this agreement ends in accordance with clause10.

• The parties must comply with:
  • if applicable, their respective obligations under the Privacy Act 1988 (Cth); and
  • Base Camp Himalayas’ privacy policy as in force from time to time.
• Base Camp Himalayas will keep the Client informed of any changes to its privacy policy during the Term.

Each party agrees not to share the other’s confidential information with anyone else, unless:

• The other party gives written permission;
• Disclosure is required by law; or
• It’s shared with staff or contractors on a strict need-to-know basis.

By participating in an Activity with Base Camp Himalayas, you grant us permission to take photos and video recordings of you during the trip. We may use these for promotional purposes, including on our website, social media platforms, and other digital marketing materials. If you do not wish to be photographed or featured, please notify us in writing at info@basecamphimalayas.com before your Activities begin.

In this clause and the Proposal, the following terms have the following meanings in relation to Intellectual Property Rights:

• Existing Material means Material of either party, other than New Material;
• New Material means Material that is created, written, developed or otherwise brought into existence during the Term for the purposes of this agreement; and
• Material means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever.

• Each party keeps ownership of their existing materials.
  • You grant us a licence to use your materials as needed to deliver the Services.
  • You confirm that using your materials won’t infringe anyone else’s rights, and you agree to cover us for any loss if it does.
  • We grant you a limited licence to use our existing materials as needed to benefit from the Services.
• Unless otherwise stated in your Proposal, all intellectual property in new materials we create for your Activity belongs to Base Camp Himalayas.

Base Camp Himalayas may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

• To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
• (b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

• (Liability) To the maximum extent permitted by applicable law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Client to the Base Camp Himalayas under the most recent Proposal.
• (Consequential loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Base Camp Himalayas, except:
  • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  • to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

If a dispute arises that cannot be resolved informally, both parties agree to:

• Participate in good faith mediation through the Australian Disputes Centre (ADC), sharing costs equally and following the ADC’s current guidelines;
• Follow the mediator’s recommendations on the mediation process, including when to conclude it;
• If unresolved, obtain independent legal advice and, if necessary, proceed to arbitration (or another method agreed during mediation), again through the ADC and at shared cost;
• Accept the binding outcome of arbitration (or agreed alternative);
• Consider all genuine settlement offers in good faith, aiming to resolve the dispute quickly and avoid litigation;

Note that this clause does not apply to urgent legal action (e.g. an injunction).

• A ‘Force Majeure Event’ means any occurrence beyond the control of the Affected Party which prevents the Affected Party from performing an obligation under this agreement (other than an obligation to pay money) (e.g. natural disasters, war, pandemics, strikes, or government restrictions), that obligation will be suspended for as long as the event continues..
• If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
  • reasonable details of the Force Majeure Event; and
  • so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
• Subject to compliance with clause 15(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.

• All notices under this agreement must be sent by email to the addresses listed in the Proposal, or if not listed, to the most recently used email address for correspondence related to this agreement.
  • The email subject line should include the name and date of this agreement.
  • A notice will be deemed received 24 hours after it is sent, unless the sender has reason to believe it was not delivered or received.
  • Either party may update their contact details by notifying the other party in writing.

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

This agreement may only be amended in accordance with a written agreement between the parties.

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

• (singular and plural) words in the singular includes the plural (and vice versa);
• (currency) a reference to $; or “AUD” is to Australian currency;
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word “includes” and similar words in any form is not a word of limitation; and
• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.