Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and Eightfold Travel Pty Ltd, trading as Eightfold ("we", "us", "our"), a company registered in New South Wales, Australia, with its principal office at Level 5, 88 George Street, Sydney NSW 2000.

By accessing our website, creating an account, or making a booking, you agree to be bound by these Terms, our Privacy Policy, and any additional terms specific to your booking. If you do not agree to these Terms, you must not use our services.

2. Booking Terms

2.1 Making a Booking

A booking is confirmed once we have received your completed booking form, the required deposit, and have sent you a written booking confirmation. Until confirmation is issued, no contract exists between us. All bookings are subject to availability.

2.2 Booking on Behalf of Others

If you make a booking on behalf of other travellers, you confirm that you have their authority to accept these Terms on their behalf. You are responsible for ensuring all travellers are aware of and comply with these Terms.

2.3 Accuracy of Information

You are responsible for ensuring that all information provided at the time of booking is accurate and complete, including passport details, medical conditions, dietary requirements, and emergency contact information. Errors in personal information may result in additional charges or inability to participate in your tour.

2.4 Fitness and Health Requirements

Certain tours have minimum fitness requirements. You must complete our fitness assessment and medical questionnaire honestly and accurately. We reserve the right to refuse participation or cancel a booking if we reasonably believe a traveller's fitness or health condition poses a safety risk to themselves or the group. In such cases, our standard cancellation policy applies.

3. Pricing and Payment

3.1 Pricing

All prices on our website are quoted in Australian Dollars (AUD) and include GST where applicable. Prices are subject to change without notice until a booking is confirmed. Once your booking is confirmed, the quoted price is locked in, except where surcharges arise from circumstances beyond our control (e.g., government-imposed taxes, permit fee increases, or fuel surcharges).

3.2 Deposit

A non-refundable deposit of 20% of the total tour price is required to confirm your booking. The deposit must be paid at the time of booking via our secure online payment system.

3.3 Balance Payment

The remaining balance (80% of the total tour price) is due no later than 60 days before the tour departure date. If the balance is not received by the due date, we reserve the right to treat the booking as cancelled and apply our cancellation policy. For bookings made within 60 days of departure, the full amount is due at the time of booking.

3.4 Payment Methods

All payments are processed securely through Stripe. We accept Visa, Mastercard, and direct bank transfer (AUD only). Stripe's terms of service apply to all payment transactions. No credit card surcharges are applied. Receipts are issued automatically for all payments.

3.5 What's Included

Each tour listing specifies what is and is not included in the price. Unless explicitly stated, the tour price does not include international airfare, travel insurance, visa fees, personal expenses, tips and gratuities, meals not specified in the itinerary, or optional activities.

4. Cancellation and Refund Policy

4.1 Cancellation by You

All cancellations must be made in writing via email to [email protected]. The following cancellation fees apply, calculated from the tour departure date:

We strongly recommend purchasing comprehensive travel insurance that includes trip cancellation cover at the time of booking.

4.2 Cancellation by Us

We reserve the right to cancel a tour due to insufficient participation (minimum group size not met), unsafe conditions (weather, natural disasters, political instability), or other force majeure events. In such cases, you will be offered an alternative departure date, a credit note valid for 24 months, or a full refund of all monies paid. We are not liable for any additional costs you may have incurred, including but not limited to airfare, visa fees, or accommodation.

4.3 Changes to Your Booking

Date changes requested more than 90 days before departure are free of charge, subject to availability. Changes within 90 days of departure incur a $150 AUD administrative fee plus any additional costs from suppliers. Changes within 30 days of departure are treated as a cancellation and rebooking.

5. Travel Insurance

Comprehensive travel insurance is mandatory for all Eightfold tours. You must provide your insurance policy details and certificate no later than 14 days before your departure date. Failure to provide valid insurance may result in cancellation of your booking under our standard cancellation policy.

Your insurance must, at a minimum, cover:

• Medical expenses of at least $100,000 AUD
• Emergency helicopter evacuation and medical repatriation (unlimited cover recommended)
• Trip cancellation and interruption
• Trekking and adventure activities at altitudes up to your itinerary's maximum elevation
• Personal liability
• Loss or damage to personal belongings

Please note that many standard Australian travel insurance policies exclude high-altitude trekking or classify it as a "high-risk activity." You must verify that your policy explicitly covers trekking to the altitude specified in your itinerary. See our Insurance page for recommended providers.

6. Liability and Disclaimers

6.1 Assumption of Risk

Trekking and adventure travel in Nepal involves inherent risks including, but not limited to, altitude sickness, extreme weather conditions, landslides, avalanches, river crossings, uneven terrain, and limited access to medical facilities. By booking a tour with us, you acknowledge and accept these risks and agree that you participate voluntarily.

6.2 Limitation of Liability

To the maximum extent permitted by Australian law, Eightfold Travel Pty Ltd, its directors, employees, guides, and local partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or relating to your tour, including loss of enjoyment, loss of income, or personal injury, except where caused by our gross negligence or wilful misconduct.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Australian consumer law, including the Competition and Consumer Act 2010 (Cth).

6.3 Third-Party Services

We engage independent contractors and third-party service providers including airlines, hotels, lodges, transport operators, and local guides. While we select our partners carefully, we are not liable for the acts, errors, omissions, or negligence of any third-party provider. Their own terms and conditions may apply.

7. Nepal-Specific Considerations

7.1 Trekking Permits and Regulations

Where included in your tour, we arrange all required trekking permits, TIMS cards (Trekkers' Information Management System), and national park entry fees. These permits are non-transferable and non-refundable once issued. You must carry your permit, passport, and a copy of your travel insurance at all times during the trek.

7.2 Guide Authority

Our lead guide has ultimate authority over all safety-related decisions during the tour, including the decision to alter the itinerary, turn back, or evacuate a participant. These decisions are final and made in the interest of group safety. No refund is provided for itinerary changes made due to safety concerns.

7.3 Itinerary Changes

Itineraries are provided as a guide and may be subject to change due to weather conditions, trail conditions, flight cancellations (common on domestic Nepali routes), strikes (bandhs), government regulations, or other factors beyond our control. We will make reasonable efforts to provide comparable alternatives where possible.

7.4 Altitude and Acclimatisation

For treks above 3,000 metres, our itineraries include acclimatisation days as recommended by the Wilderness Medical Society. You must follow your guide's instructions regarding hydration, pace, and acclimatisation protocols. If symptoms of severe altitude sickness develop, evacuation may be necessary at your cost (covered by insurance).

7.5 Porter Welfare

Eightfold is committed to the ethical treatment of porters. All porters working on our treks are paid a fair wage above the government minimum, provided with adequate clothing and equipment, and carry no more than 25 kg. You must comply with the luggage weight limits specified in your pre-departure information.

8. Your Responsibilities

As a participant in an Eightfold tour, you agree to:

• Comply with all applicable laws of Australia and Nepal
• Follow the instructions and decisions of your guide at all times
• Behave respectfully toward local communities, cultures, and the environment
• Not engage in any activity that may endanger yourself, other travellers, or guides
• Ensure your passport is valid for at least 6 months beyond your return date
• Obtain all required vaccinations and medications as recommended by your medical practitioner
• Disclose all relevant medical conditions and medications at the time of booking
• Carry adequate personal supplies of any prescription medications
• Follow Leave No Trace principles and minimise environmental impact

We reserve the right to remove any participant from a tour whose behaviour is deemed dangerous, disruptive, or in breach of these Terms, without refund.

9. Intellectual Property

All content on our website, including text, images, graphics, logos, itineraries, and software, is the property of Eightfold Travel Pty Ltd or its licensors and is protected by Australian and international copyright law. You may not reproduce, distribute, or create derivative works from our content without prior written consent.

By submitting reviews, photos, or other content to us, you grant Eightfold a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display such content for marketing and promotional purposes.

10. Dispute Resolution

Any dispute arising from or relating to these Terms or your booking shall be governed by the laws of New South Wales, Australia. We encourage you to contact us first to resolve any issues informally. If a dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in Sydney. If mediation is unsuccessful, the dispute may be submitted to the courts of New South Wales.

11. General Provisions

• Entire agreement: These Terms, together with your booking confirmation and our Privacy Policy, constitute the entire agreement between you and Eightfold.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your booking or rights under these Terms without our written consent.
• Force majeure: We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, strikes, government actions, or airline cancellations.

12. Contact Us

For questions about these Terms or your booking, please contact us: