General Booking Terms and Conditions

Please read this Agreement carefully before booking a trip with Mountain Kora LLC (“we,” “us,” or the “Company”). This is a legally binding contract between the Company and the person listed in the signature block below (“you” or the “Participant”). You will be required to sign this Agreement and agree with the policies herein at the time of application. If you do not agree with the terms of this Agreement, do not book a trip with us. Our aim is to offer policies that help keep our Participants safe and well-informed of the many uncertainties, risks, and unknowns involved in adventure travel. We reserve the right to modify this Agreement at any time prior to the date of the Tour (as defined below), in our sole discretion, upon written notice to you.

BACKGROUND

The Company requires that you read and sign this General Booking Terms and Conditions Agreement (this “Agreement”) as a condition to participating in a tour or other activity conducted by the Company (the “Tour”). This Agreement, along with the Assumptions of Risk, Conditions and Liability Waiver Form, any Booking Terms and Conditions specific to your Tour, and our privacy policy (https://www.mountainkora.com/privacy-policy) (collectively, the “Tour Documents”), are an integral part of the relationship between the Participant and the Company, and the Company will not offer its services unless Participant acknowledges and agrees to the provisions of this Agreement and the Tour Documents.  This is an important document and should be read carefully.  If you have any questions about this Agreement, please feel free to contact us.

At the time of submitting an application with us, every Participant is required to sign and agree to the following policies:

BOOKING PROCESS
Our aim is to ensure that our trips are well matched to each Participant and that our Participants are a good fit for the Tour they wish to participate on. We require that Participants fill out a trip application and accurately represent their medical history and conditions. Participants are also required to submit a health certificate (signed by their Medical Provider) in order to be accepted on the Tour. Any changes or updates to a Participant’s medical status once these forms have been submitted must be communicated to the Company immediately. Failure to do so may result in removal from a Tour.

Additionally, in order to provide personalized service and a vetted booking process, we require at least one traditional or video call (preferably video) with the Participant before an application is accepted. This is a way for us to connect and get to know your interests and abilities. We will have a candid conversation about the nature of the Tour and determine if you are well matched for the adventure. We also ask that Participants provide two adventure references for the Company’s review. Adventure references can be past travel companions, guides, or friends who can attest to the Participant’s ability to participate, both mentally and physically, on the Tour. This is for us to ensure it will be an exceptional experience for all parties involved. In order to confirm your spot on a Tour, the Participant will be required to fill out a Trip Application and place a non-refundable deposit in accordance with the applicable booking policy.

AUTHORITY TO DENY PARTICIPATION
The Company is committed to maintaining a safe and enjoyable experience for all Participants and we do everything possible to ensure a Participant is a good match for the experience, both physically and mentally. This involves a huge amount of trust, but also thorough and ongoing communication between the Company and Participant throughout the booking and trip planning process.

If at any time the Company determines a Participant is not a good match for the tour, the Company reserves the right to deny an application or to remove a Participant from a Tour. This will be at the sole discretion of the Company and a reason for such denial or removal need not be provided. If a Participant is removed from a Tour before the Tour departs, then the Participant is responsible for the cancellation policies applicable to the tour they are registered on (see below).

If, during the Tour, a Participant's actions detract from the enjoyment or well-being of the group, the Company has the right to remove the Participant from the Tour. The local guide has the final say on any matters that may affect the safety or well-being of the group, and their decision is considered final. If a Participant is removed from the Tour while it is underway, the Participant will not be entitled to a refund and will be responsible for any additional costs incurred by the Participant as a result of such removal.

HEALTH AND MEDICAL RESPONSIBILITIES
Our Tours are physically active and emotionally engaging. The Company has the right to deny participation for any Participant who the Company deems is not a good match for the Tour. It is your responsibility to accurately represent your physical and mental condition in relation to your participation on the Tour so that you will not create a hazard for yourself or other Participants, or negatively affect any Participants’ enjoyment of the tour.

It is the Participant’s sole responsibility to consult with their physician or travel medicine expert regarding appropriate health and safety precautions for the Tour. You will be required to get a signed health certificate from your primary care provider stating that you are physically and mentally fit for the Tour (this form will be provided upon placing your first deposit with us). Participation will be denied if a signed health certificate is not produced at least 30 days prior to the start of the Tour.

The Company does not serve as a medical authority and cannot provide medical advice. If you have any special conditions (e.g., dietary restrictions, pre-existing medical conditions) that require attention during the Tour, you must inform the Company in writing at the time of application. It is the responsibility of the Participant to consult their physician or travel medicine expert for any vaccinations required and recommend for traveling to the Tour’s destination.

The Company assumes no responsibility for any medical care provided during the Tour.  In the event of a medical emergency, the Company will, to the best of its ability, transport you to the nearest medical facility. By signing this Agreement you agree to bear any and all costs associated with medical care and related transportation received during the Tour.

AGE MINIMUMS AND LIMITS
A legal guardian must accompany all Participants under the age of eighteen. There are no other age limits for our tours, however a Participant must meet the health requirements for the Tour and truthfully fill out a trip application to accurately reflect the Participant’s physical and mental abilities.  If you have a question regarding age and suitability, please contact us for further information.

RESERVATIONS
In order to confirm your spot on a Tour, a non-refundable deposit is required. Deposit requirements and cancellation fees may vary from Tour to Tour and you will find the booking policies for each Tour here:
Nepal
Switzerland
Botswana

We reserve the right to modify the deposit requirements and cancellation fees at any time. Please closely review the booking policies applicable to your Tour destination before paying your non-refundable deposit.

We will not accept your deposit until you agree to this Agreement, we approve your trip application, we check your adventure references. Once your reservation is official, we will email you your invoice, final itinerary, a comprehensive trip planning document, and information regarding trip insurance.

Please note that the Tour descriptions that appear on our website and in digital and print materials are for informational purposes and the specific Tour you book may have variations in the itinerary and pricing. The specific details of your Tour will be detailed in the final itinerary we send upon the reservation being official.

If a reservation is not fully paid by the final payment due date, as defined in the applicable booking policy, we reserve the right to treat the reservation as canceled and subject to the cancellation terms explained below.

If you wish to apply for and reserve a spot on a Tour after the final payment date (typically within 90 days of a Tour’s departure date), full payment for the Tour will be due immediately.

PRICE ADJUSTMENTS

Tour prices are set far in advance of departure based on projections of fuel, exchange rates, inflation, tariffs, government fees, airfares, and other costs using information available at the time. The price at booking is guaranteed unless current costs increase such that we are unable to fully absorb the increases. In those rare events, we reserve the right to pass on such costs to you. We will give you advance written notice of any price increase and the reason for it. If we do so and your Tour price increases by more than 10% of the original Tour cost excluding any insurance premiums, you may cancel the booking within 10 days of receipt of notice of the surcharge and obtain a full refund, less any non-refundable deposits to our Suppliers (as defined below). We will work with our Suppliers to try and obtain any non-refundable deposits so that we can give you a full refund, however we cannot guarantee such a result.

ALTERATIONS OR CANCELLATION BY PARTICIPANT AFTER COMMENCEMENT OF TRAVEL

The Company will do its best to work with a Participant with any requests for changes after a Tour is confirmed up to the departure date. Although we cannot guarantee fulfilling such requests, we will do our best to accommodate you and your group, within reason. Once the Tour has commenced it is unlikely that we will be able to accommodate requests for alterations to your itinerary. In the event you request a change, you will be liable for any cancellation charges and change fees that may be imposed for the booking of revised arrangements and for all costs associated with the arrangements themselves.

NO REFUNDS ISSUED AFTER TOUR START
Once the Tour starts, no refunds will be issued for any unused portions of the Participant’s Tour price, regardless of the reason the portion is unused. If you miss the tour’s departure, or you are removed from the Tour for any reason, there will be no refund. We do not make any exceptions, including but not limited to exceptions for weather conditions, civil unrest, personal or family emergencies, or unforeseen medical conditions. By signing this Agreement you agree that you have read and understand the payment schedule and cancellation policy for your upcoming Tour (see applicable booking policy).

By signing this Agreement you agree that you understand the inclusions and exclusions for your upcoming Tour (see your final itinerary).

SINGLE SUPPLEMENT

Accommodations are based on double occupancy and a supplemental fee is required for those who wish to stay in single rooms. Given that we run very small group sizes and stay in remote locations using small lodges, mountain huts, or independently-run inns, single accommodations may not always be available. There may also be circumstances where single accommodations are available on a few nights of the tour, but not every night (for example, in Switzerland we stay in dormitory-style mountain huts for two nights).

RESPONSIBILITY FOR ADDITIONAL EXPENSES INCURRED WHILE ON TOUR
It is the Participant’s responsibility to cover any additional expenses incurred on a Tour that are not included in the Tour price. If the Company incurs such an expense on the Participant’s behalf, the Participant will be required to reimburse the Company.

TRANSFERS

We understand that life happens and things can get in the way, so we will be as flexible as possible in transferring you to another Tour if you need to cancel your reservation for any reason. However, this is dependent on the Tour group size and the availability of future tours. If, after your cancellation, the group size does not meet the minimum in order for us to run the Tour, then you will be subject to our cancellation policy and fees for the applicable Tour, and we may not be able to accommodate a transfe to other dates. Given we are a small company, it is typical for us to only run one to two Tours to each destination every year, many of which are private and custom tours, so it may be difficult to find a Tour available for a transfer. If you transfer to another Tour, you are responsible to pay any price differences in the Tour.

CANCELLATION OR MODIFICATION BY THE COMPANY:

The Company reserves the right to modify, alter, or cancel a Tour due to unforeseeable circumstances. The Company requires Participants to be flexible and commits to doing everything possible to offer alternative solutions and to provide refunds where applicable. Reasons for changes may include, but are not limited to, the following:

1. Participant Safety: If the Company, in its sole discretion, determines that a Tour as planned puts Participants in harm's way for any reason, including but not limited to unforeseeable and uncontrollable events like natural disasters, political unrest, or other major disruptions, the Company may modify, alter, or cancel a Tour.

2. Local Circumstances or Events: If local circumstances (e.g., mechanical breakdowns, strikes, weather, political issues) cause changes to the planned amenities, transportation, schedule, or itinerary without prior notice, the Company will modify or alter the amenities, transportation, schedule, or itinerary, keeping as close as reasonably possible to the quality and price predicted by the Company at the time of booking. Given we cannot predict the costs incurred changes to the Tour program under these circumstances, we ask that Participants split any additional costs incurred over 10% of the original Tour price with the Company.

3. Supplier Problems: If a significant issue arises with a Supplier (like a Supplier bankruptcy) before the Tour, the Company will notify Participants of the resulting modifications or alterations to the Tour as soon as possible.

4. Insufficient Enrollment: If a Tour doesn't meet the minimum enrollment set by the Company, the Tour may be canceled. In such cases, the Company will notify participants at least 60 days before departure and provide a travel credit to the Participant in accordance with the Travel Credit section below.

Alterations and modifications may result in additional charges or refunds that the Company may pass onto Participants.

TRAVEL CREDIT

If a Tour was postponed or cancelled by us due to low enrollment or other extenuating circumstances, we will give the Participant a travel credit for future travel with the Company. These credits have no cash value, can only be used towards the costs of a Tour with the Company, and are subject to this Agreement. A cost difference may apply when the Participant books a new Tour. If the new cost is lower, the Participant will receive a credit for the difference. If the new cost is higher, the difference will be collected from the Participant according to our payment terms.

CUSTOM/PRIVATE TOUR RESERVATIONS
The Company is willing to discuss planning custom tours for you and your private group. Given that custom tours require a lot of time up front planning and ensuring the best possible adventure for your group, we will collect a non-refundable tour planning fee of $350. This fee will cover the time it takes to plan and finalize a custom itinerary based on your group’s interests and abilities. Typically, there is a lot of correspondence between us, the group’s main point of contact (the “Tour Organizer”), and our Suppliers on the ground. This tour planning fee also helps us ensure that your group is committed to making this custom tour happen. This fee is payable at the end of the initial custom tour consultation, where we discuss your group’s interests, abilities, travel-style, and approximate costs. Once the itinerary is agreed upon, another $500 group deposit is required to secure your preferred dates. Once the dates are confirmed, each group member is required to sign this Agreement and place a non-refundable $500 deposit to secure their spot on the tour. Given the custom tour price is based on the originally agreed upon group numbers, we reserve the right to adjust tour prices accordingly if the group size changes. These fees are non-refundable (unless your dates are not available and we cannot determine another time for you to travel, in which case all funds received after the initial tour planning fee will be returned)  and will be deducted from the final balance of the custom tour.

We ask that there is one point of contact for private groups who will be considered the Tour Organizer. The Tour Organizer is the main point of contact between the Participants and the Company and all correspondence will go through them.

ROLE AND RESPONSIBILITIES REGARDING THIRD-PARTY SUPPLIERS.
The Company reserves services (e.g., transportation, accommodations, restaurants, sightseeing, etc.) from independent suppliers not affiliated with or controlled by the Company ("Third Party Suppliers" or "Suppliers"). While the Company aims to select reputable Suppliers in any given country where we operate, we cannot guarantee the performance of any Suppliers or be held accountable for issues arising from Third-Party Suppliers. 

1. Selection of Suppliers: The Company takes reasonable care in selecting competent and reliable Suppliers based on available information, but does not control the quality of the Suppliers’ services.

2. Intermediary Role: The Company acts only as an intermediary for these Third Party Suppliers and does not manage them, nor are they agents or employees of the Company.

3. Liability: The Company is not liable for injury, property damage, delays, or other losses experienced due to the action or inaction of Suppliers. In such an event, the Participant must seek compensation directly from the Third Party Suppliers.

4. Local Laws: Each Supplier operates under the laws of the country or state where its services are provided, and the Supplier’s liability may be limited by its own terms, conditions, and international agreements. The Supplier may require Participants to agree to terms and conditions specific to the services it provides and in accordance with local law.

FORCE MAJEURE
The Company will not be considered in breach of this Agreement or liable for delays or nonperformance of its obligations if such delays or nonperformance are caused by Force Majeure. Force Majeure refers to events beyond the Company's control. This includes, but is not limited to, natural disasters (e.g., floods, fires), terrorist acts, war (declared or undeclared), civil unrest, strikes, government intervention, quarantine, extreme weather, and other unforeseen circumstances.

If the Company or its Suppliers are affected by Force Majeure, they reserve the right, in their sole discretion, to modify or cancel any part of the tour, including itineraries and arrangements. The Company may offer refunds if it is able to recoup from the Suppliers, or the Company may offer travel credits for a future Mountain Kora Tour.

TRIP CANCELLATION INSURANCE
We encourage all Participants to purchase comprehensive travel insurance at the time of placing your initial deposit with us. Travel insurance is offered by third-party insurance companies and a variety of coverages may be obtained. The insurance should cover a variety of potential issues, including: trip interruption or cancellation, baggage loss or damage, medical expenses, accidents or life insurance, evacuation or repatriation, and other expenses that may arise due to loss, injury, delay, or inconvenience. While not mandatory, it is highly recommended, and you will be responsible for any incurred costs due to trip cancellation, interruption, medical, or evacuation expenses. We will request proof of travel insurance should you choose to purchase it. If you choose not to purchase medical and evacuation coverage then you agree to cover all expenses related to ensuring a safe and swift rescue on your behalf in the event of an emergency.

TRAVELER’S RESPONSIBILITY FOR TRAVEL DOCUMENTS
The Participant must ensure that all required travel documents (e.g., passports, visas, permits, vaccination certificates) are valid and in the Participant’s possession for the entire trip. Passports must be valid for at least 6 months after the return date for international travel. It is the Participant’s responsibility to verify and fulfill the passport, visa, health, immigration, and other entry requirements applicable to the Tour destination. Participants are solely responsible for any negative consequences (such as being denied entry or incurring fines) due to incomplete or incorrect travel documentation.

While the Company may provide information or advice on topics like visas, vaccinations, climate, clothing, baggage, and special equipment, it does not assume responsibility for the accuracy or completeness of this advice. The Company only provides general information on the above topics, and the Participant must check and verify requirements for the Participant’s own specific circumstances with the relevant Embassies and/or Consulates, and the Participant’s doctor, as applicable. Requirements do change and you must check the up to date position in good time before departure. The Company reserves the right to deny participation if a Participant does not have the required travel documents in possession on the date of departure.

CONSENT TO USE MEDIA FROM TOURS
By signing this Agreement, you consents to the use of your name and/or image in photos, video and/or audio recordings (collectively referred to as “Media”) taken during the Tour. Media produced by the Company, its Suppliers, or any other participants, for any lawful and legitimate purpose that documents or promotes the educational or cultural activities of the Tour may be used without your additional and specific consent. You grant the Company and its Suppliers a worldwide, royalty-free, perpetual license to use any images, photos, or videos you provide. These can be used for any purpose, including promotional materials, in various formats (print, electronic, internet) without needing your approval.

The Company or other parties (including Suppliers and other participants) may capture or create Media (photos, videos, sound recordings) of you during the Tour. This Media may include your name, likeness, or voice. You agree that the company and its suppliers can use this Media for promotional purposes and you grant them a perpetual, royalty-free, worldwide, and irrevocable license to use them. You may have the right to inspect the Media before it is used.

COMPLAINT PROCEDURE WHILE ON TOUR

If you encounter a problem during your tour, you are expected to inform the tour guide immediately. The guide will make efforts to resolve the issue on the spot. If the issue is not resolved by the tour guide locally, you can contact the Company directly by email at [email protected] or by telephone at +1.802.760.9948.

FORMAL COMPLAINT
If the issue still isn’t resolved and you wish to make a formal complaint, you must provide written notice of your complaint to the email above. This notice must be submitted within 28 days of the end of your Tour, and it should include:

○      Your Tour Name, Dates and Guide

○      All relevant details about the complaint

○      A concise and clear description of the problem to help the Company identify and respond quickly.

DISPUTE RESOLUTION PROCESS FOR ANY DISAGREEMENTS ARISING FROM THIS AGREEMENT

Mediation: In the event of a dispute, both parties must first attempt to resolve it through mediation. A neutral third-party mediator will be selected, and the mediation will take place in Vermont. The cost of mediation will be equally divided between both parties.

Arbitration: If mediation fails to resolve the dispute, the issue will proceed to binding arbitration. The arbitration process will also take place in Vermont and will be conducted by the American Arbitration Association (AAA). This is a formal process where an arbitrator hears the dispute and makes a decision that is legally binding on both parties.

Vermont Law: This Agreement is governed by Vermont law. Any dispute will be governed by Vermont law, meaning Vermont’s legal standards, statutes, and regulations will apply to the arbitration.

Binding Award: The arbitration award (the decision made by the arbitrator) is binding. This means the decision is final and enforceable, and either party can have the award entered into a court of law to enforce it, if necessary.                                          

LIMITATION OF REMEDIES:

Sole Remedy: If the Company defaults under the agreement, the only remedy the Participant can pursue is the return of the paid Tour cost, to the extent permitted under applicable law. This means you cannot seek nor are you entitled to compensation or damages beyond the refund of what you paid for the Tour.

Limitation of Liability: The Company will not be liable for any special, consequential, indirect, incidental, or other damages, which include things like lost profits or any other forms of financial harm.

Types of Claims Covered: This limitation applies to any claims, regardless of whether they arise from contract, negligence, tort, under statute, in equity, at law, or otherwise. This essentially covers all possible legal avenues, meaning the Participant cannot recover for these types of damages, no matter the legal theory under which you bring the claim.

Waiver of Right to Recover Certain Damages: You waive your right to recover any of the types of damages mentioned (e.g., special, consequential, indirect, incidental damages). Even if the Company is aware of the possibility of such damages, you agree that you will not pursue them.