Traveller Terms of Service

Please read these Traveller Terms of Service ("Terms") carefully before using the Himalos platform. They form a legally binding agreement between you, as a traveller or visitor, and Himalos.

These Terms are supplemented by our Privacy Policy and Cancellation Policy, both of which are incorporated by reference and form part of this agreement.

1. Who we are and how to read these Terms

Himalos ("we", "us", "our") operates an online marketplace at himalos.com that connects foreign travellers with local travel operators based in Nepal. References to "you" mean the person accessing the Platform as a traveller or visitor. "Platform" means the website, services, and any associated tools we provide.

Where these Terms refer to obligations of operators, those obligations are set out in full in our Operator Terms of Service. The relevant portions are summarised here for your awareness as a traveller.

2. Acceptance of these Terms

By accessing the Platform, creating an account, or making a booking, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

We will ask you to accept these Terms explicitly at the point of account creation or booking. A record of your acceptance is retained. Material changes to these Terms require fresh acceptance before continued use of the Platform.

3. Our role as a marketplace intermediary

Himalos is a marketplace and technology platform. We do not provide travel services, conduct treks, operate tours, or supply any of the experiences listed on the Platform. Each experience is provided by the operator who lists it ("Operator"), and when you complete a booking you enter into a direct contract with that Operator for the provision of the experience.

Himalos's role is limited to: facilitating the discovery and booking of experiences; processing payments as a limited agent of the Operator; providing the messaging infrastructure for traveller–operator communication; and hosting reviews. We are not a party to the contract between you and the Operator for the underlying experience, and we are not a travel agent or tour operator.

This distinction does not limit any consumer rights you may have under applicable law. Statutory protections that cannot be excluded by contract remain in full force regardless of anything in these Terms.

4. Eligibility and account registration

You must be at least 18 years of age to create an account or make a booking. By using the Platform you represent and warrant that you meet this requirement. The Platform is not directed at children under 18.

You must provide accurate, current, and complete information when creating an account and keep that information up to date. You are responsible for maintaining the security of your account and for all activity that occurs under it. You must notify us promptly at [email protected] if you believe your account has been compromised.

Accounts are personal and non-transferable. You may not share your account or allow others to access it.

Travellers access the Platform using a verified email address authenticated via a one-time code. No password is created or stored by Himalos. You do not need an account to browse published listings; account creation is required only to make or manage a booking.

5. Bookings and payments

Booking process

A booking is confirmed when Himalos sends you a booking confirmation by email. Prior to that point, no contract exists between you and the Operator. Himalos reserves the right to cancel a booking prior to confirmation if a technical error affects pricing or availability, in which case a full refund will be issued.

Pricing and fees

Prices displayed on the Platform are set by Operators and are quoted in US dollars unless stated otherwise. The total price shown at checkout includes the Operator's package price and any applicable Himalos platform service fee. The service fee amount is disclosed clearly at the checkout step before you are asked to confirm payment.

The platform service fee covers the cost of the booking infrastructure, payment processing, and traveller support. It is non-refundable unless the booking is cancelled due to an Operator failure or a force majeure event as defined in our Cancellation Policy.

Payment collection

Payments are processed by Stripe, Inc. on Himalos's behalf as limited collection agent for the Operator. By completing a payment you agree to Stripe's terms of service. Your card details are transmitted directly to Stripe and are not stored by Himalos.

Currency and taxes

All bookings are processed in US dollars. You are responsible for any foreign exchange fees charged by your card issuer. Taxes applicable to the experience — such as Nepalese VAT or trekking permit fees — are the responsibility of the Operator to collect and remit unless explicitly stated otherwise in the listing.

6. What operators are responsible for

Operators listed on the Platform are subject to our Operator Terms of Service, which set out their obligations in full. As a traveller, the key points you should know are:

Operators are required to ensure all listing content — including descriptions, itineraries, pricing, inclusions, and departure schedules — is accurate and not misleading.
Operators must hold all licences, permits, and insurance required by Nepalese law to operate the experiences they list, including guide licences, trekking area permits, and any relevant authorisations.
Operators are obligated to honour all confirmed bookings. If an Operator cancels a confirmed booking for any reason within their control, you are entitled to a full refund of all amounts paid.
Operators may not direct you to make payments or complete any element of a booking outside the Platform.

Himalos's approval of an Operator's account is an administrative step and does not constitute an endorsement of the Operator's quality, reliability, or legal compliance. We do not conduct safety audits of experiences. You are strongly advised to purchase comprehensive travel insurance before booking.

7. Cancellations and refunds

Cancellation rights, timelines, and refund calculations are governed by our Cancellation Policy, which is incorporated into these Terms by reference. Each Operator selects a cancellation tier for each listing, and the applicable policy is displayed on the package listing and at checkout before you confirm a booking.

Statutory cancellation rights that cannot be excluded under applicable law — including rights under the EU Package Travel Directive, UK Package Travel and Linked Travel Arrangements Regulations 2018, and equivalent consumer protection legislation — are preserved in full and are not affected by anything in these Terms or the Cancellation Policy.

8. Reviews and ratings

Travellers who have completed a booking are invited to leave a review of their experience. Reviews are published on the Operator's profile and relevant package listings. Operators may respond publicly to reviews.

Reviews must be based on genuine first-hand experience, accurate to the best of your knowledge, and comply with our content standards (section 9 below). We reserve the right to remove reviews that violate these requirements, are defamatory, or are submitted fraudulently. We do not edit review text for tone or rating.

9. Prohibited conduct

The following conduct is prohibited on the Platform:

Using the Platform for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.
Submitting false, inaccurate, misleading, or fraudulent information, including in bookings, reviews, or communications.
Circumventing the Platform to arrange or complete bookings or payments outside of Himalos ("off-platform transactions"), whether by sharing contact details for that purpose or by any other means.
Harassing, threatening, or abusing Operators, other travellers, or Himalos staff.
Impersonating any person or entity or falsely representing an affiliation with any person or entity.
Scraping, crawling, or harvesting data from the Platform by automated means without our express written consent.
Interfering with or attempting to disrupt the Platform's infrastructure, security, or availability, including through distributed denial-of-service attacks or introduction of malware.
Creating multiple accounts to circumvent a suspension, ban, or review outcome.
Exploiting errors or vulnerabilities in the Platform, including pricing errors. Any such errors must be reported to us promptly at [email protected].
Using the Platform to promote or advertise any product or service not offered through Himalos without our written consent.

10. Intellectual property

Our content

The Himalos name, logo, Platform design, code, and all content we create or curate (excluding Operator-submitted content) are owned by or licensed to Himalos and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, publicly display, or create derivative works from our content without our prior written consent, except as expressly permitted by these Terms.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose in accordance with these Terms. This licence does not include the right to sub-licence, resell, or commercially exploit the Platform or its content.

User-generated content

When you submit reviews or messages through the Platform, you grant Himalos a worldwide, royalty-free, non-exclusive licence to display and reproduce that content on the Platform. You warrant that you own or have the right to submit any content you provide, and that it does not infringe any third-party rights.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform and all content on it are provided on an "as is" and "as available" basis, without warranty of any kind, express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or free from harmful components; that listings are accurate, complete, or current; or that any particular result will be achieved through use of the Platform.

We do not endorse any Operator, experience, destination, or third-party service. Our verification of Operator registration documentation is an administrative check and does not constitute a recommendation, guarantee of quality, or assessment of fitness for any particular traveller.

Nothing in this section limits any statutory guarantee, implied warranty, or other right that cannot be excluded under applicable consumer protection law, including the Australian Consumer Law, UK Consumer Rights Act 2015, or equivalent legislation.

12. Limitation of liability

To the fullest extent permitted by law, Himalos's total aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the Platform — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the greater of: (a) the total platform service fees paid by you in the twelve months preceding the claim; or (b) US$100.

We are not liable for: the acts or omissions of Operators; the quality, safety, or fitness of any travel experience; death or personal injury caused by an Operator; loss or damage to your belongings during an experience; or any loss arising from your failure to obtain adequate travel insurance.

We exclude all liability for indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the Platform, even if we have been advised of the possibility of such damages.

Jurisdiction-specific consumer rights

The limitations in this section do not affect and cannot override:

European Union and United Kingdom: your rights under consumer protection legislation, including the right to claim against us for direct loss caused by our negligence or breach of statutory duty, and your rights under the EU Consumer Rights Directive and UK Consumer Rights Act 2015.
Australia: the consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). Our liability for a failure to comply with a guarantee that cannot be excluded is limited, where permitted by s64A ACL, to resupply of the relevant service or payment of the cost of resupply.
New Zealand: your rights under the Consumer Guarantees Act 1993.
Any other statutory rights that apply to you and that cannot be excluded or limited by contract under the law of your jurisdiction.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Himalos, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your violation of any applicable law; (c) content you submit to the Platform; or (d) your interaction with any Operator or other user.

This indemnification clause does not apply to the extent that a claim results from Himalos's own negligence, fraud, or wilful misconduct.

14. Account closure

We may suspend or terminate your access to the Platform, with or without prior notice, if we reasonably believe that you have breached these Terms, engaged in prohibited conduct, or if we are required to do so by law.

You may close your account at any time by contacting us at [email protected]. Closure does not affect any outstanding bookings or obligations, and we will retain records as required by law or legitimate business need in accordance with our Privacy Policy.

15. Governing law and jurisdiction

These Terms are governed by the laws of Nepal. Subject to section 16 and the mandatory consumer law provisions referenced in section 12, any dispute arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Kathmandu, Nepal.

If you are a consumer habitually resident in the European Union, you also have the right to bring proceedings in the courts of your country of habitual residence, and the mandatory consumer protection provisions of the law of that country apply to you. If you are a consumer in the United Kingdom, you may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland. If you are a consumer in Australia, nothing in these Terms excludes your rights under Australian law.

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief in any competent court.

16. Dispute resolution

We encourage you to contact us first if you have a concern about the Platform or a booking. Most issues can be resolved quickly through our support team.

The escalation path is:

Contact support. Raise the issue with us at himalos.com/contact or [email protected]. We aim to respond within two business days and to resolve disputes within fourteen calendar days.
Mediation or legal proceedings. If we cannot resolve the dispute through the steps above, either party may pursue mediation or commence legal proceedings in accordance with section 15. EU consumers may also use the European Commission's Online Dispute Resolution platform.

17. Force majeure

Neither party is in breach of these Terms for any failure to perform an obligation to the extent that failure is caused by circumstances beyond that party's reasonable control, including natural disasters, acts of government, civil unrest, pandemic, or infrastructure failure. The rights of travellers in such circumstances are addressed in the Cancellation Policy.

18. Changes to these Terms

We may update these Terms at any time. When we make material changes, we will update the effective date at the top of this page and notify registered users by email at least fourteen days before the changes take effect. For non-material changes (such as corrections or clarifications), we may update the Terms without advance notice.

If you continue to use the Platform after material changes take effect, you will be asked to accept the revised Terms before proceeding. If you do not accept the revised Terms, you must stop using the Platform and may close your account as described in section 14.

19. General provisions

Entire agreement. These Terms, together with the Privacy Policy and Cancellation Policy, constitute the entire agreement between you and Himalos regarding your use of the Platform as a traveller and supersede all prior agreements or understandings on that subject.

Severability. If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions continue in full force.

No waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision in the future.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets, with notice to you.

Language. These Terms are written in English. If translated into another language, the English version controls in the event of any conflict.

20. Contact

Questions about these Terms, complaints, or legal correspondence should be directed to:

Email: [email protected]
Support enquiries: himalos.com/contact