Terms of Service

1. Service Description Tourism Law Art. 111

Kunlun Outdoors ("we," "us," or "our"), operating at kl-outdoors.com, provides guided trekking and adventure travel expeditions in China's western regions. Our services include:

• Guided trekking expeditions with professional, English-speaking guides across Yunnan, Tibet, Xinjiang, and Sichuan provinces
• Mountaineering expeditions to peaks above 5,000m, including Muztagh Ata (7,546m) and other high-altitude objectives
• Accommodation and transportation arrangements as specified in each trek itinerary
• Permit and entry arrangement services, including Tibet Travel Permits and regional travel permits
• Equipment rental and provision for camping, technical climbing, and high-altitude trekking
• Travel advisory and trip planning assistance

We act as both a travel organizer and, where applicable, a travel agent in accordance with the Tourism Law of the People's Republic of China (中华人民共和国旅游法). Our tours are designed for international travelers and are not package travel arrangements under EU Directive (EU) 2015/2302.

We reserve the right to modify trek itineraries at any time due to safety concerns, weather conditions, government regulations, or other factors beyond our control.

2. User Eligibility

By booking a trek or using our services, you represent and warrant that:

1. You are at least 18 years of age at the time of booking
2. Minors aged 16–17 may participate only with written consent of a parent or legal guardian who is also a participant
3. You possess the physical fitness and health required for the specific trek difficulty level you have selected
4. You have truthfully disclosed all medical conditions, allergies, and medications that may affect your ability to safely participate
5. You hold valid travel documents (passport, visas, permits) required for entry into and travel within China
6. You have obtained comprehensive travel insurance covering emergency medical evacuation, repatriation, trip cancellation, and high-altitude activities as specified in our Cancellation & Refund Policy

3. Booking & Confirmation Contract Law Art. 13–14

3.1 Booking Process

1. Inquiry: Submit a booking inquiry through our Website or via email. We will confirm availability within 48 hours.
2. Confirmation: Upon availability confirmation, you will receive a detailed trip itinerary and booking agreement via email.
3. Deposit: A 20% deposit of the total trip price is required to secure your booking. The deposit must be paid within 7 days of confirmation, otherwise the booking may be released.
4. Balanced Payment: The remaining 80% balance is due no later than 30 days before departure. Failure to pay by this date may result in automatic cancellation subject to our Cancellation & Refund Policy.
5. Final Confirmation: You will receive pre-departure information, packing lists, and meeting point details at least 14 days before departure.

3.2 Contract Formation

A legally binding contract between you and Kunlun Outdoors is formed when:

• We send you a written booking confirmation (by email); and
• Your deposit payment has been received and processed

The contract is governed by the Contract Law of the People's Republic of China (中华人民共和国合同法) and these Terms of Service.

3.3 Medical & Fitness Declaration

Prior to departure, you must complete and sign our Medical & Fitness Declaration form. This form requires you to:

• Disclose all known medical conditions, especially cardiovascular, respiratory, or altitude-related conditions
• Confirm your fitness level matches the trek difficulty rating
• Acknowledge the inherent risks of high-altitude trekking (see Section 8)
• Provide emergency contact and insurance details

Failure to submit a completed medical declaration may result in denial of participation without refund.

4. Payment Terms

• All prices are quoted in USD unless otherwise specified. EUR and CNY conversion is available as a convenience at the current exchange rate.
• Accepted payment methods: PayPal, credit/debit cards (Visa, MasterCard via Stripe), and bank transfer (wire transfer details provided upon request)
• Prices are subject to change until a deposit has been paid and booking is confirmed
• Any additional costs incurred during the trek (personal expenses, optional excursions, extra nights, alcohol, tips) are the responsibility of the traveler
• Prices do not include international flights, China visa fees, personal travel insurance, or personal trekking equipment unless explicitly stated in the itinerary

5. Cancellation & Refunds

Our comprehensive cancellation and refund policy uses a 4-tier graduated system designed to balance fairness to travelers with the fixed costs we commit to on your behalf.

5.1 Standard Cancellation Tiers

5.2 High-Difficulty Expedition Cancellation

For expeditions classified as "Extreme" difficulty (e.g., Muztagh Ata 7,546m, and other 7,000m+ objectives), stricter cancellation terms apply:

For full details including force majeure provisions, visa refusal, and medical cancellations, see our complete Cancellation & Refund Policy.

6. Limitation of Liability Tourism Law Art. 70–77

6.1 Standard of Care

Kunlun Outdoors undertakes to provide its services with reasonable skill and care. This means we will:

• Select reputable and competent local service providers (guides, transport, accommodation)
• Provide accurate pre-departure information
• Maintain appropriate safety equipment and emergency protocols
• Employ qualified guides with appropriate experience and first aid training

6.2 Liability Limitations

To the maximum extent permitted by applicable law:

• We shall not be liable for any injury, loss, damage, or death arising from the inherent risks of outdoor adventure activities, including but not limited to altitude sickness, extreme weather, difficult terrain, wildlife encounters, or the actions of third parties beyond our control
• Our total liability for any claim that is not excluded above shall not exceed three times (3×) the trip price paid by the client for the specific trek in question
• We are not liable for indirect, incidental, or consequential losses, including loss of enjoyment, loss of opportunity, or economic loss
• We are not liable for delays, changes, or disruptions caused by force majeure events (see Section 7)
• We are not liable for the actions or omissions of third-party service providers (airlines, hotels, transport operators) where we have exercised reasonable care in their selection

6.3 Emergency Medical Consent

You consent to us seeking and securing any medical treatment that we reasonably consider you require during a trek, including emergency evacuation by helicopter or other means. You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf that are not covered by your travel insurance.

7. Force Majeure

7.1 Definition

"Force Majeure" means any event beyond the reasonable control of either party, including but not limited to:

• Natural disasters: Earthquakes, floods, landslides, avalanches, volcanic eruptions
• Extreme weather: Typhoons, blizzards, or weather conditions making trekking unsafe
• Pandemics & epidemics: COVID-19, SARS, or other widespread infectious disease outbreaks
• Government actions: Travel bans, border closures, permit revocations, quarantine orders, curfews
• Political instability: Civil unrest, war, terrorism, revolution, riots
• Industrial action: Strikes, labor disputes affecting transportation or key services
• Infrastructure failure: Airport closures, road blockages, bridge collapses

7.2 Your Rights Under Force Majeure

If a force majeure event occurs before departure, you may cancel your booking and receive:

• Option A: A full credit for the amount paid, valid for 18 months, to be used toward any future Kunlun Outdoors trek; or
• Option B: A full refund minus any irrecoverable costs already committed to third-party providers (permits, accommodation deposits, transportation), which we will document and provide receipts for

7.3 Our Rights Under Force Majeure

If a force majeure event occurs, we may:

• Modify the itinerary with alternative arrangements of comparable standard
• Postpone the departure to a later date (with your agreement)
• Cancel the trek, in which case the provisions of Section 7.2 apply

We will not be liable for any compensation beyond the refund/credit options described above.

8. Risk Assumption & Waiver

8.1 Acknowledgment of Inherent Risks

By booking a trek with Kunlun Outdoors, you acknowledge that:

• Outdoor adventure activities in remote mountain environments carry inherent and unavoidable risks, including the risk of serious injury or death
• Many of the regions we operate in have limited infrastructure, medical facilities, and communication networks
• Emergency evacuation from remote locations may take many hours or days and may be impossible during certain weather conditions
• Guides and group leaders may need to make rapid decisions in changing conditions for the safety of the group

8.2 High-Altitude-Specific Risks

For treks and expeditions reaching altitudes above 3,500m, you specifically acknowledge the following risks:

• Acute Mountain Sickness (AMS) can affect anyone regardless of fitness level and may progress rapidly to life-threatening HACE or HAPE
• High-altitude pulmonary edema (HAPE) and high-altitude cerebral edema (HACE) are medical emergencies requiring immediate descent
• Physical performance is significantly reduced at altitude; even fit individuals may struggle
• Weather can change rapidly from clear conditions to blizzards, high winds, and whiteouts
• Sun exposure is intense at altitude; severe sunburn and snow blindness are real risks
• Hypothermia and frostbite are risks even during summer months at high camps
• Expeditions that conclude without reaching the summit objective due to route conditions, weather, insufficient acclimatization, or any other factor outside the control of Kunlun Outdoors do not constitute a breach of contract

8.3 Assumption of Risk

By making a booking with Kunlun Outdoors, you voluntarily assume all risks of personal injury, death, or property damage that may result from your participation in our trekking and mountaineering activities, including risks that may be caused by the negligence of other participants, third-party providers, or Kunlun Outdoors employees, to the fullest extent permitted by applicable law.

8.4 Guide Authority

You agree to follow the instructions and decisions of our guides and group leaders at all times. A guide's decision regarding safety matters — including but not limited to turning back, altering the route, or evacuating a participant — is final and non-negotiable. Refusal to follow safety instructions may result in your removal from the trek without refund.

9. Dispute Resolution Tourism Law + HKIAC

9.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the People's Republic of China, including:

• Tourism Law of the People's Republic of China (中华人民共和国旅游法)
• Contract Law of the People's Republic of China (中华人民共和国合同法)

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

9.2 Dispute Resolution Process

Any dispute arising out of or in connection with these Terms shall be resolved through the following process:

1. Good faith negotiation: You must first submit a written complaint to kunlun@kl-outdoors.com within 30 days of the event giving rise to the dispute. We will respond within 14 business days and attempt to resolve the matter amicably.
2. Mediation: If the dispute cannot be resolved through direct negotiation within 30 days, either party may propose mediation. Mediation will be conducted under the mediation rules of the China International Economic and Trade Arbitration Commission (CIETAC).
3. Arbitration: If mediation fails or is refused by either party, the dispute shall be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time of commencement of the arbitration.

9.3 Arbitration Terms

• Seat of arbitration: Hong Kong SAR, China
• Language: English
• Number of arbitrators: One (1) for claims under USD 50,000; three (3) for claims of USD 50,000 or more
• Applicable law: The laws of the People's Republic of China
• Award: The arbitral award shall be final and binding on both parties
• Enforcement: The award may be enforced in any court of competent jurisdiction, including under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), to which both China and Hong Kong are signatories

9.4 Consumer Protection

Nothing in these Terms shall deprive you of any legal protections that cannot be waived under the mandatory laws of your country of residence, including consumer protection regulations in the EU, UK, Australia, or other jurisdictions.

Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to active booking holders and posted on our website with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms.

Contact

For questions regarding these Terms of Service:

Kunlun Outdoors
Email: kunlun@kl-outdoors.com
Website: kl-outdoors.com
Address: Kunming, Yunnan, China