Additional Terms and Conditions
ADDITIONAL TERMS AND CONDITIONS ASSOCIATION POWDERGUIDES
Association PowderGuides is affiliated with the APRIAM (Association Pour la Recherche l'Innovation et l'Adaptation en Montagne) under number: IM073100023, the SNGM (Syndicat National des Guides Montagne) and the Ministry of Sports (Ministere Jeunesse et Sports) in France under number: 00509ED0070 in the name of M.C. Schell. The services shall be supplied on the basis of the general terms and conditions (Conditions Générales de vente) of the APRIAM and in addition the present Additional Terms and Condition of Association PowderGuides (Conditions Particulieres de vente).
Article 1. Definitions 1
Article 2. Applicability 2
Article 3. Proposals and offers 2
Article 4. Booking and conclusion of the agreement 2
Article 5. Change and cancellation of the booking 3
Article 6. Passport, visa and vaccinations 3
Article 7. Programme and price changes 3
Article 8. Exclusion from (further) participation 4
Article 9. Cancellation in case of insufficient Participants 4
Article 10. Accommodation 4
Article 11. Invoicing and (deposit) payment 5
Article 12. Liability 5
Article 13. Insurances 6
Article 14. Applicable law and choice of forum 6
Article 1. Definitions
For the purpose of these additional terms and conditions the following terms are capitalised and used in the following meaning, both in the plural and in the singular, unless expressly indicated otherwise:
- PowderGuides: the contractual other party to the agreement with the Client and user of the present additional terms and conditions within the meaning of section 231 under b of Book 6 of the Dutch Civil Code. PowderGuides can act as broker for services of third parties or as tour operator. In case of brokerage the general terms and conditions of the brokered party shall prevail over these additional terms and conditions.
- Client: the natural person or legal person who commissions PowderGuides to perform (have performed) activities and/or to supply (have supplied) services and/or to deliver (have delivered) goods as a result of which an agreement was concluded.
- Group Trip: a Trip (including all activities) organised by PowderGuides for which individuals registered independent of each other and are independently from each other also Clients. In case of differences of interpretation about the content and the cope of the performance, the interpretation of PowderGuides shall be decisive.
- Private Trip: a Trip organised by PowderGuides under the authority and for the benefit of one single Client. A Client can commission PowderGuides to compose and implement a Trip or Activity on behalf of a private group of individuals. In case of a Private Trip these terms and conditions are also applicable to the Persons participating in this Trip. The Client commits to communicate these terms and conditions to the Participants in advance. In case the Client fails to do this then the Client shall be liable for any and all damages, both on the part of PowderGuides and on the part of the Participant, resulting from the same.
- Trip: Both the Group Trip and the Private Trip.
- Travel Sum: the full amount payable to PowderGuides by the Client with regard to the Trip for which the Client registered including the compulsory deposit and costs.
- Activity: any and all (scheduled) activities that are part of the Trip organised by PowderGuides.
- Participant: individuals who participate in a Trip or Activity of PowderGuides whether or represented by a Client.
- In Writing: for the purpose of these additional terms and conditions “in writing” also includes communication by email, facsimile or digitally (e.g. via an online interface) provided that the identity of the sender and the integrity of the content is sufficiently clear.
Article 2. Applicability
- The present additional terms and conditions are applicable to any and all proposals, offers, agreements, activities and deliveries of PowderGuides, of any nature whatsoever, unless the said applicability is fully or partly expressly excluded in writing and/or if expressly stipulated otherwise.
- Potential general terms and conditions of the Client are not applicable to the agreement with PowderGuides, unless the said applicability is expressly stipulated in writing.
- If PowderGuides has, for a short or longer period of time, whether or not tacitly, allowed deviations from the present additional terms and conditions then this shall not affect its right to yet claim compliance with these terms and conditions. The Client cannot derive rights from the fact that PowderGuides did not rely on the present terms and conditions.
- PowderGuides reserves the right to change the present terms and conditions at any time. The changed terms and conditions shall apply from the moment that the Client has been informed of the change on the condition that the terms and conditions applicable on the day of conclusion of the agreement shall remain applicable to already concluded agreements.
- If one or more of the provisions of the present additional terms and conditions or any other agreement with PowderGuides is in violation of a mandatory statutory provision or an applicable legal regulation then the relevant provision shall expire and shall be replaced by a new, legally permissible and comparable provision to be established by PowderGuides.
- The present terms and conditions are also applicable to any and all agreements with PowderGuides for the implementation of which third parties are (must be) involved.
- If the “Client” represents, within the framework of a Private Trip, multiple legal or natural persons then they shall be jointly and severally liable for compliance with any and all obligations deriving from the agreement conclude with PowderGuides.
Article 3. Proposals and offers
- Any and all proposals and offers of PowderGuides are subject to contract and are without commitment, unless the offer comprises a time limit for the acceptance or unless expressly indicated otherwise in writing.
- The Client guarantees the correctness and completeness of the dimensions, requirements, specifications of the performances and other data supplied to PowderGuides by or on behalf of the same that PowderGuides bases the offer on.
- A combined quotation does not oblige PowderGuides to perform a part of the contract at a corresponding part of the offered price.
- The prices in the proposals and offers of PowderGuides are inclusive of potentially payable VAT, however exclusive of other official duties as also exclusive of costs incurred within the framework of the contract, including shipping and administration costs, unless indicated otherwise.
Article 4. Booking and conclusion of the agreement
- Before an agreement is concluded between PowderGuides and the participant, the Client needs to register for the Trip by means of an online registration form on the website of PowderGuides. The registration takes place by completing the form online and by subsequently sending it. Following the registration a booking and therefore the agreement is concluded. Hence, it does expressly not regard an option.
- As soon as the Client performed the registration, the Client receives an email stating the level of the deposit and also including the travel agreement (contrat de vente) with the total amount. The Client must pay the deposit per Person participating in the Trip or Activity to the account number of PowderGuides.
- Prior to the conclusion of the agreement the Client must declare to agree with the general terms and conditions as also with the additional terms and conditions pertaining to the agreement. When performing the registration the Client declares that all Participants received a copy of the general terms and conditions as also of the additional terms and conditions prior to the booking and that they are informed of and agree with the applicability of the same.
- The Client is held to provide PowderGuides with any and all data that may bear relevance to the assessment by PowderGuides to proceed with conclusion of the agreement and such in writing, which also includes by email or via the registration form on the website of PowderGuides, prior to the conclusion of the agreement. This obligation particularly applies to any and all medical and conditional backgrounds and circumstances that are related to the Person (in case of a group this includes any and all Persons who belong to the Client) and that may affect the implementation of the travel agreement and the assessment of the risk.
- In case of a dispute the parties agree that the written data supplied to PowderGuides with the registration are applicable between the parties and such with the exclusion of any and all other evidence.
Article 5. Change and cancellation of the booking
- Changes in the booking at the request of the Client are only implemented after consultation with PowderGuides. The costs of the said changes are at the expense of the Client with a minimum of € 35.00.
- Cancellation of the agreement exclusively takes place by means of a written notice to PowderGuides. The date of receipt of the cancellation letter by PowderGuides is qualified as the date of cancellation. In case of cancellation by the Client, the Client is moreover liable to pay PowderGuides per Person:
a. up to 56 days before the start of the Activity: the deposit;
b. 56 up to at the latest 29 days before the date of departure: 50% of the total Travel Sum;
c. 29 up to at the latest 15 days before the date of departure: 75% of the total Travel Sum;
d. from the 14the day: 100% of the Travel Sum.
- In case of cancellation, for any reason whatsoever, the deposit is not repaid by PowderGuides.
- If the Client terminates the Trip or an Activity early of his own volition or does not want to participate in a part of the Trip or Activity then the participant is not entitled to repayment of (a part of) the Travel Sum or the deposit.
- The Travel Sum that the Client of a Private Trip is liable to pay to PowderGuides is calculated by adding up any and all costs that are related to the Private Trip. The Travel Sum can be distributed proportionately over the number of Participants. If one or more Persons of the Private Trip cancel the agreement then the costs of the Travel Sum remain the same but the costs are divided over the remaining Participants of the Private Trip. The cancelling person is, as the occasion arises, held to pay the cancellation costs are intended in paragraph 2 of this article. The remaining amount (calculated Travel Sum per Participant prior to the cancellation minus the cancellation costs) is in that case distributed proportionately and charged to the Client in addition to the original Travel Sum.
- PowderGuides reserves the right to cancel the booking of the Client either in whole or in part, without being liable to pay any compensation, if:
a. PowderGuides is on reasonable grounds of the opinion that participation of certain Persons brings about a disproportionate risk;
b. The Trip is fully booked. As the occasion arises PowderGuides contacts the Client at the latest within 2 weeks after receipt of the registration form in order to discuss alternatives.
As the occasion arises, the part of the Travel Sum already paid by or with regard to the relevant Person shall be repaid, unless the Client accepts an alternative offered by PowderGuides.
Article 6. Passport, visa and vaccinations
- The Participant must, if travelling outside the European Union and Switzerland, be in possession of a valid passport and must see to it that the said passport is valid up to at least six months after the scheduled date of return.
- Application for an obtaining the required visa is at the expense and risk of the Person and the Client. If issue of a visa is rejected, or if the visa is not applied for (in a timely fashion), then the Client remains liable to pay the full Travel Sum. The Client or Person is, as the occasion arises, not entitled to repayment of the deposit or (a part of) the Travel Sum.
- The Person must personally ensure that he/she disposes of the correct travel documents. If the Person, for any reason whatsoever, is denied access to a country, also including incomplete, missing or erroneous documents, then PowderGuides cannot be held liable by the Person or the Client for potential consequences and/or damages that the Person or the Client consequently incurs. Nor is the Person in that case entitled to repayment of the deposit or (a part of) the Travel Sum.
- It falls under the responsibility of the Person and/or the Client to obtain medical advice, inter alia regarding vaccinations. Information and advice in the medical area does not fall under the obligations of PowderGuides within the framework of the agreement.
Article 7. Programme and price changes
- Any and all prices specified by PowderGuides are subject to potential changes and misprints, typesetting errors or typographical errors.
- As long as the complete Travel Sum has not been paid to PowderGuides by the Client, PowderGuides reserves the right to increase the Travel Sum if the said increase is related to changes in the transport costs (including fuel expenses), taxes and duties. PowderGuides is authorised to do this up to 20 days before the day of departure. As soon as the complete Travel Sum has been paid, a price guarantee applies from 6 weeks before the day of departure (in case of personal transport travels 6 weeks before the date of arrival of the first booked accommodation). A price guarantee from the moment that the travel agreement has been established applies to travel agreements carried out with charter flight to European destinations and the countries of the Mediterranean.
- PowderGuides reserves the right to cancel or change a part of the Trip or scheduled activities if this is, at the discretion of PowderGuides, required. Changes may occur, inter alia, if this is required within the framework of the safety of the Persons or due to weather conditions (risk of avalanche, chipping, thunder, accident of a Person, etc.). If one of the Persons participating in a Trip is no longer deemed suitable during the skiing or mountain Trip to continue the skiing or mountain Trip then apart from the relevant Person the other group participants, Persons, also commit to interrupt this Trip and to return if, at the discretion of the guide, this is required by the circumstances. The Person who does not comply with this obligation shall be liable for any and all damages deriving from the same.
Article 8. Exclusion from (further) participation
- During the Trip the Persons are supervised by one or more qualified guides. Both PowderGuides and the guide are always entitled to exclude the Person from (further) participation in the Trip or Activity if, at the discretion of PowderGuides or the guide:
a. mental or physical problems manifest themselves in the Person that are of such nature that hinder or render or threatens to hinder or render the Trip or Activity impracticable;
b. instructions given by PowderGuides or the guide are not followed or not sufficiently;
c. there is question of misbehaviour of the Person.
- Any and all costs that derive from exclusion from (further) participation are at the expense of the excluded Person. The relevant Person is, as the occasion arises, not entitled to repayment of (a part of) the Travel Sum or the deposit.
Article 9. Cancellation in case of insufficient Participants
- Any and all Trips and Activities offered by PowderGuides are based on a minimum number of Participants. The said minimum number of Participants is always mentioned in the travel programme. If the minimum number of Participants is not realised then PowderGuides contacts the Client at the latest 3 weeks before the start of the Trip.
- PowderGuides reserves the right to cancel the Trip or the Activity if the minimum number of Participants is not realised.
- If the Trip is cancelled by PowderGuides then the client receives notification of this at the latest 3 weeks before the start of the Trip after which PowderGuides shall repay the Travel Sum and deposit paid by the Client within 14 days.
- PowderGuides reserves the right to cancel and replace scheduled activities by other activities of a similar nature. The cancellation of an Activity by PowderGuides does not give cause to rescission of the agreement by the Client and the Client is, as the occasion arises, neither entitled to any compensation or repayment of (a part of) the Travel Sum or the deposit.
- PowderGuides does not accept any liability for the costs incurred by the Client and/or its Participants within the framework of the Travel or Activity, e.g. premiums for insurances, expenses for train, bus and/or airline tickets, purchase of clothing and literature, or any other damages incurred by the Participant if the Travel or Activity is cancelled by PowderGuides.
Article 10. Accommodation
- During the Trip the Participant shall stay in mountain cabins, in dorm rooms, in gites or in hotel rooms for two or more people. The Client can express a preference for a certain type of accommodation with the registration. PowderGuides shall take the preference of the Client into account as much as possible. Depending on the size of the group and the composition of the group it is, however, not always possible to allocate rooms based on gender or preference.
- The prices for overnight stays at a hotel are based on the costs of a stay in a room for two or three people, which room can be shared by two and/or three Participants. If the Participants wants to stay in a single room then the Client must pay the relevant costs on the spot.
- If huts of an alpine organisation are used during the Trip then the prices of PowderGuides are based on the costs that the said alpine association charges to its members. If the Participant is not a member of the (relevant) alpine association then the relevant Participant and/or the Client needs to pay the required surcharge on the spot. It goes without saying that this only applies to the extent that the huts of alpine associations are used.
Article 11. Invoicing and (deposit) payment
- Prior to the implementation of the agreement PowderGuides is authorised to require a deposit from the Client. After registration the Client receives an email stating the level of the deposit and also including the travel agreement (contract de vente) with the total Travel Sum. Deposits must be paid within 10 days after receipt of the travel agreement (contract du vente).
- The remainder must have been credited to the account of PowderGuides at the latest 28 days before the start of the Trip. If the Trip is booked fewer than 28 days before the date of departure then the full Travel Sum must be paid within 10 days after the registration.
- After PowderGuides has received the full Travel Sum, the Client receives the other travel information, e.g. the meeting point for the relevant Activity, route descriptions and detailed information about the Trip and the scheduled Activities.
- PowderGuides reserves the right to allocate a place booked by the Client to a third party and to conclude a relevant agreement with the said third party if the Client does not pay the deposit or the total Travel Sum in full and in a timely fashion. As the occasion arises PowderGuides shall not be held to pay any compensation.
- After the expiry of the stipulated payment term the Client is in default by operation of law without any further notice of default being required.
- Effective from the moment of default the Client is liable to pay the statutory interest on the exigible amount. And effective from the said moment any and all (extra-) judicial costs that are incurred by PowderGuides in order to obtain satisfaction – both in and out of court – are at the expense of the Client.
- In case of liquidation, bankruptcy or suspension of payment the claims of PowderGuides and the obligations of the other party vis-à-vis PowderGuides immediately fall due.
- PowderGuides reserves the right to exclude a Client and/or a Participant from (further) participation in the Trip or Activity or to deny participation in the same if the relevant Participant fails to pay the full Travel Sum in a timely fashion (before the start of the Trip).
Article 12. Liability
- Participation in Trips organised by PowderGuides are of an adventurous, risky and uncertain nature. That is why Participants opt for this kind of Trip and these kinds of Activities. Activities that take place on mountains, during extremely cold weather conditions, Arctic areas and in the remote High Alps bring about an increased risk of which the Participants declare, when reading and accepting these terms and conditions, to be familiar with. Recue possibilities and medical assistance in the aforementioned areas may be limited or not available at all as a result of which even relatively small accidents can have serious consequences (bodily harm and death). Moreover, in case of remote areas local means of transport are used that do not meet the western safety standards. But there are no alternatives available. As a consequence there may also be an increased risk during the transport in terms of bodily harm and (personal) damages. In addition, domestic flights may incur delays or cancellations due to weather conditions or other circumstances for which PowderGuides shall not be liable. Additional costs deriving from the same are at the expense of the Client and/or the Participant.
- Although PowderGuides relies on qualified skiing and mountain guides for the performance of the activities and makes an effort to offer the highest possible safety to the Participants, PowderGuides cannot exclude the risk of bodily harm, in particular bodily harm due to falls, freezing, chipping, avalanches or altitude sickness for the Participants. By taking note of these additional terms and conditions the Participants declare to be fully aware of the risks that are associated with the Activity and the Trip and not to hold PowderGuides liable should this kind of accident occur, barring in case of intent or gross negligence on the part of PowderGuides.
- PowderGuides shall not be liable for direct or indirect damages that are incurred by the Client and/or the Participant or a third party as a result of participation in a Trip organised by PowderGuides, also including bodily harm, consequential damages, lost profit, lost savings, damages to reduction of income, trading losses, theft or loss of or damage to personal belongings and damages as a result of mechanical failures, natural disasters, border crossings, revolution, terrorism, acts of war, industrial action, sickness or quarantine.
- The Participant and the Client are liable for theft or loss of and damage to the materials made available to the Participant by PowderGuides.
- The limitations of liability included in the additional terms and conditions for damages are not applicable if the damages can be blamed on intent or gross negligence on the part of PowderGuides.
- PowderGuides shall not be liable for damages resulting from defects of products made available or sold by PowderGuides. When selecting these products PowderGuides observes the utmost case.
Article 13. Insurances
- Each and every person is held to take out appropriate (mountain sports) travel insurance. The Participant must ensure to be sufficiently insured against travelling costs, legal assistance, medical expenses, cancellation and the special risks of accidents in case of mountain sports (e.g. costs of detection and helicopter transport) for the entire period of the stay. The Participant is held to be in possession of valid insurance for entering the Alps outside the tracks. This insurance must offer cover at all levels of avalanche risks under the supervision of a qualified mountain guide. The costs of the insurance are at the expense of the relevant Participant.
- Any and all damages that derive from not being insured, or insufficiently, are at the expense of the relevant Participant.
Article 14. Applicable law and choice of forum
- French law is exclusively applicable to agreements concluded and to be concluded with PowderGuides, to the extent that this is not excluded by Conventions.
- Any and all disputes – including those that are only qualified as such by one of the parties – that arise as a result of an agreement to which the present terms and conditions are applicable in whole or in part, or that arise from other agreements that derive from the said agreements, shall be settled by the competent court in the place of establishment of PowderGuides, unless a mandatory statutory provision opposes this. This does not affect the fact that PowderGuides may agree with the Participant or the Client to have the dispute settled through (international) arbitration.