Terms & Conditions

This Agreement (“Agreement”) is entered into between:

Individual Entrepreneur Andrey Golovachev, hereinafter referred to as “the Organizer“, and the Participant(s).

Throughout this Agreement:

“The Organizer” is the party with whom the Participant(s) contract and to whom all payments are made. The Organizer is responsible for the planning, booking and overall delivery of the Tour, including transportation, accommodation and meals as specified in the list of inclusions, and for providing the Guide.

“The Guide” is the qualified professional leading the Tour in the field. The Guide may be the Organizer in person, or a third-party guide engaged by the Organizer (see Section 9). The engagement of a third-party Guide does not change the contractual relationship: the Participant(s)’ agreement, and all payment and refund matters, remain with the Organizer. All decisions in the field regarding safety, route and a Participant’s ability to continue rest with the Guide.

“The Tour” is the guided trip described on the relevant trip page of the Organizer’s website, which — including its stated price, inclusions, participant requirements and minimum group size — forms part of this Agreement.

The Agreement comes into effect when the Participant(s) accept it in writing or by email, OR when the Participant(s) pay any part of the Tour fee, OR when the Participant(s) join the Tour in situ, each option being equally legally binding.

By accepting this Agreement, paying any part of the Tour fee or joining the Tour in situ, the Participant(s) acknowledge that they have read and understood the Agreement terms and agree to abide by them even if English is not the primary language of the Participant(s).

NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows:

The Participant(s) shall pay the Tour fee in accordance with the schedule and methods below.

A deposit of 20% of the Tour price is due at booking to confirm a place, payable by SEPA bank transfer or by PayPal/card. A booking is confirmed when the deposit is received by the Organizer. The Organizer may require copies of the Participant(s)’ passports for the booking.

Except as provided in Section 5.1 (risk-free window), Sections 6.5–6.6 (minimum group size) and Section 6.8 (snow conditions), the deposit is non-refundable.

The remaining balance is payable to the Organizer either by bank transfer received in the Organizer’s account no later than 8 weeks before the Tour start date, or in cash upon arrival. If the balance has been neither received by bank transfer by that date nor paid in cash upon arrival, the Organizer may exclude the Participant(s) from the Tour; the full Tour fee remains due.

In the case of a simultaneous booking of several Participants, the person who makes the booking is liable for the payment of the Tour fee.

The Organizer:

– Plans the Tour itinerary.

– Organizes transportation, accommodation, and meals as specified in the list of inclusions.

– Provides the Guide.

The Guide:

– Provides safety instructions before and during the Tour.

– Ensures the safety and well-being of the Participant(s) on the Tour.

– Determines tactical actions and the day plan, striving to adhere to the timelines specified in the itinerary.

– Selects the route of movement factoring in the weakest participant of the group. In particular, within the exclusive competence of the Guide are the following:

• the order of the group’s movement along the route: one at a time, with a specific distance etc.
• corridor of movement, ascent & descent line, stopping places.
• interaction within the group while moving.
• possibility to divide the group on the route.
• decision to change or abandon the route in case of conditions threatening the safety of the Participant(s). In this case no refunds can be made.

– Chooses and, with the help of the Participant(s), prepares bivouac sites, if any.

– Monitors the physical condition of the Participant(s).

– Provides first aid to the Participant(s) and maintains emergency communication with the rescue services in case of an accident.

The Participant(s) are required to:

– Follow the Guide’s instructions and safety guidelines. If these are ignored by the Participant(s), neither the Guide nor the Organizer can be held responsible for any resulting consequences.

– Only move in the part of the slope approved by the Guide and stop at the safety points designated by the Guide.

– Strictly follow the order and sequence of movement required by the Guide, whether it is one skier at a time or with a particular distance between skiers.

– Never ski below the Guide.

– Ski down the fall line avoiding traverses unless instructed by the Guide.

– In the event of a snow avalanche, switch the avalanche transceiver into the Search mode immediately as instructed by the Guide.

– Be physically fit for the trip and be responsible for their own health. Provide truthful information in the booking and onboarding forms and to the Guide in order to assess their suitability for the Tour. The experience and fitness information submitted by the Participant(s) forms the agreed baseline on which the Guide’s decisions under this Section are made.

– Immediately inform the Guide of any deterioration in their condition.

– Have the experience and ski technique sufficient for the Tour. Unless there are specific requirements for the Tour, the Participant(s) are expected to ski ‘black’ runs on piste safely and comfortably and have previous experience of multi-day off-piste skiing.

The Guide reserves the right to exclude any Participant(s) from activities they are not prepared for or fit enough for due to health impairment, lack of fitness, ski technique, slow altitude acclimatization, etc., especially if their participation potentially jeopardizes their own, other participants’, or the Guide’s safety. No refunds will be made to Participant(s) who are excluded on this basis.

– Fulfill any specific participant requirements mentioned in the Tour description.

– Bring appropriate gear and clothing and be responsible for its condition and maintenance. Have a functioning avalanche transceiver, avalanche shovel with metal blade and avalanche probe. Efficiency of the transceiver is checked by the Guide daily. No avalanche kit – no skiing.

The Guide reserves the right to exclude any Participant(s) from activities they are poorly equipped for. No refunds will be made to Participant(s) who are excluded on this basis.

– Reimburse the Organizer any costs resulting from loss of, or repair costs for, any rental equipment that go beyond normal wear and tear.

– Carry personal equipment and a proportionate share of group equipment (food, gas, bivouac, alpine gear etc.) necessary for the Tour.

– Provide feedback to the Guide and the Organizer, in particular about any improvements to the Tour.

– Arrange personal insurance that explicitly and fully covers the inherent risks of ski touring and off-piste skiing, helicopter rescue, medical treatment, hospitalization and repatriation. Neither the Organizer nor the Guide provides insurance for the Participant(s) on any Tour. If the Participant(s) do not have proper insurance, they will be liable for their own medical and emergency evacuation expenses and will receive no refund, date change, or any kind of compensation from the Organizer.

– Comply with any customs, visa and public health regulations applicable to the Tour itinerary.

5.1 The Participant(s) have the right to cancel the Tour in writing at any time. The effective date of cancellation is the date the Organizer receives written notice.

Risk-free window: the Participant(s) may cancel for any reason within 14 days of paying the deposit and receive a full refund of it — time to arrange vacation and flights, or to bring friends aboard, without worrying about someone else taking the spot. The risk-free window does not apply to bookings made within 30 days of the Tour start date. Within its period, the risk-free window takes precedence over the cancellation fees below.

After the risk-free window, the following cancellation fees apply:

– Cancellation more than 61 days before the Tour start: the deposit is retained, and no further balance is due.

– Cancellation 60–31 days before the Tour start: a cancellation fee of 50% of the total Tour price applies, against which the deposit is credited; the remainder of the fee is payable within 14 days of cancellation.

– Cancellation 30 days or fewer before the Tour start: a cancellation fee of 100% of the total Tour price applies, against which the deposit is credited; the remainder of the fee is payable within 14 days of cancellation.

Retained deposits reflect the Organizer’s non-recoverable commitments (permits, accommodation, transport and guide engagement). At his sole discretion, the Organizer may put retained deposits towards future trips of the Participant(s) with the Organizer. Such credits are subject to Section 6.9.

The Organizer strongly recommends travel insurance that includes trip-cancellation cover.

5.2 If the Participant(s) fail to show up at the agreed time at the starting point of the Tour, the Guide reserves the right to exclude these Participant(s) from the Tour. In any case, such Participant(s) will be required to pay the remaining Tour fee to the Organizer.

5.3 No refunds will be made if the Participant(s) voluntarily leave the Tour for any reason after the Tour has begun. Refunds will be at the discretion of the Organizer if the Participant(s) are involuntarily forced to leave the Tour for any reason.

5.4 Tour date changes may be requested by the Participant(s) at any time up to 1 month prior to the Tour start date and will be subject to an extra administration fee of $100 per participant. Such date changes are subject to availability.

5.5 If the Participant(s) are prevented from undertaking the Tour, they may transfer the contractual relationship to another person, provided that this person meets all the conditions for participation and the transfer is notified to the Organizer within a reasonable period, and no later than 7 days, before the departure date. The transferor and the acquirer are jointly and severally liable for the outstanding fee as well as any additional costs incurred by the transfer. The Organizer may refuse the transfer for justifiable reasons.

6.1 The Organizer reserves the right to cancel or amend the Tour itinerary at any time due to unusual and unforeseeable events over which he had no control and which could not have been avoided despite applying due care. Such events include, for example, government orders, strikes, war or war-like conditions, natural disasters, epidemics, etc. In that case the part of the Tour fee exceeding the Organizer’s non-recoverable expenses will be refunded. Cancellations owing to snow conditions are governed exclusively by Section 6.8.

6.2 The Organizer reserves the right to modify, restrict or extend the Tour itinerary at any time due to unforeseeable circumstances beyond his control threatening the safety of the Participant(s), such as adverse weather or snowpack conditions, or based on the Guide’s judgment of the team’s condition and fitness. In such cases no refund claims can be made, except that modifications owing to snow conditions are governed by Section 6.8.

6.3 The Organizer reserves the right to change the originally agreed accommodation and/or transportation arrangements in case there is no availability with the respective providers anymore. In that case the Organizer will make all efforts to find a substitute and will reimburse the Participant(s) any cost difference if the accommodation and/or transportation is of a lower standard than originally agreed.

6.4 The Organizer is released from the obligation to perform if the Participant(s), within the scope of the Tour, persistently disrupt or endanger the execution of the enterprise due to improper or grossly careless behavior, regardless of a warning. In this case, the Participant(s), if at fault, are liable to compensate the Organizer for damages and expenses. In such a case, the Tour fee will not be refunded.

6.5 MINIMUM GROUP SIZE

The Tour can only be carried out if the minimum number of participants specified on the Tour’s page is reached. If no minimum is specified on the Tour’s page, the minimum is 4 Participants.

If the minimum is not reached, the Organizer may cancel the Tour by written notice to the Participant(s) no later than:

– 20 days before the Tour start for Tours lasting more than 6 days;

– 7 days before the Tour start for Tours lasting 2–6 days.

In case of such cancellation, all payments received from the Participant(s) — including the deposit, notwithstanding Section 2 — are refunded in full or, at the Participant(s)’ choice, credited towards another Tour.

Alternatively, the Organizer may offer to carry out the Tour below the minimum at a newly calculated price or with a modified program. The Participant(s) are free to decline such an offer and receive a full refund. The Organizer is not obliged to make such an offer.

6.6 MINIMUM GROUP SIZE — SNOWCAT-ASSISTED (CAT SKIING) TOURS

This clause applies only to snowcat-assisted cat-skiing departures and takes precedence over Section 6.5 for these Tours. Each scheduled departure requires a minimum of 10 Participants. If this minimum has not been reached by 30 October of the year preceding the Tour (or 8 weeks before the Tour start date, whichever is earlier), the Organizer will notify the Participant(s) and offer one or more of the following, at the Organizer’s discretion: (a) an alternative date; (b) an alternative itinerary for the same dates; (c) a revised price reflecting the smaller group size; or (d) a full refund of all payments made, including the deposit, notwithstanding Section 2. The Participant(s) must confirm their choice within 7 days of notification; if no response is received, all payments will be refunded in full and the booking treated as cancelled. Where the Organizer offers an alternative date under this clause, the $100 administration fee in Section 5.4 does not apply.

6.7 The Organizer reserves the right to increase the Tour fee due to unforeseeable reasons beyond his control, if the date of the Tour is more than 3 months away. Such reasons may include unexpected changes in accommodation prices, transfer prices or exchange rates applicable to the Tour.

6.8 SNOW CONDITIONS

The quality and quantity of snow are outside anyone’s control and are not warranted. The Tour will not be cancelled, and no claims arise, on the basis of snow conditions alone, provided the Tour’s activities can be safely conducted.

If snow conditions make the planned activities impossible or unsafe, the Guide and the Organizer may substitute comparable activities or alternative terrain. Where the substitution materially reduces the Organizer’s direct costs — in particular unused snowcat days on cat-skiing Tours — the saved direct costs will be credited towards a future Tour or refunded to the Participant(s).

If, before the Tour start, snow conditions make it impossible to carry out the Tour in substance and no reasonable substitution exists, either party may terminate the Agreement by written notice. In that case, all payments received from the Participant(s) — including the deposit, notwithstanding Section 2 — are refunded in full or, at the Participant(s)’ choice, credited towards a future Tour.

6.9 CREDITS TOWARDS FUTURE TOURS

Any credit towards a future Tour granted under this Agreement — whether under Section 5.1 or under Sections 6.5, 6.6 or 6.8 — is valid for Tours starting no later than the end of the second winter season following the start date of the original Tour, a winter season running from 1 November to 31 May. Credits are applied at their nominal value against the price of the new Tour, and are transferable to another person who meets the participation requirements of the Tour they are applied to. The Organizer may extend a credit’s validity at his discretion.

7.1 Managing risks and ensuring the safety of the Participant(s) is the Guide’s number one priority. The Guide prepares and conducts the Tour to the best of his knowledge and belief, making all efforts to minimize the effect of any natural and human-induced hazards on the Tour. However, it is inherent in the nature of the mountain environment that a certain residual risk and uncertainty remain for the Participant(s).

7.2 The Tour can be dangerous, exposing the Participant(s) to many inherent risks and hazards, including but not limited to: loss of or damage to personal property, snow avalanches, rockfalls, hypothermia, frostbite, falling, immersion in cold water, altitude sickness, crevasse falls. These hazards can occur in remote areas without easy access to professional search & rescue services and medical facilities. While some of these risks are inherent in the very nature of the activities, others may result from mechanical failure, human error, natural disaster and accidental error on the part of the Participant(s) or the Guide.

7.3 The Guide makes every effort and takes all precautionary measures to reduce the aforementioned risks; however, neither the Organizer nor the Guide is liable for any injuries, damages, losses or expenses that may be incurred by the Participant(s) during the Tour.

7.4 The Participant(s), being aware of the aforementioned risks, voluntarily and realistically assessing their level of physical, technical, and psychological preparation, voluntarily and independently make the decision to participate in this program and are responsible for their actions (or inaction).

7.5 The Participant(s) accept all risks of serious injury to them or death which may occur during the Tour. For themselves, their heirs, executors, administrators, assignees and personal representatives, the Participant(s) forever waive and release all rights and claims for losses, damages, costs and injuries which they may have against the Organizer, the Guide, and their agents, independent contractors and assignees, notwithstanding that such injuries or losses are caused solely or partly by human error, force majeure, or other unforeseen events.

7.6 The Participant(s) authorize the Organizer, the Guide, and their agents, independent contractors or assignees to arrange and/or offer medical treatment in the event of an emergency. However, the Participant(s) are responsible for and will bear all costs or expenses of rescue or medical attention rendered to them or for their benefit while preparing for, traveling to or from, or participating in the Tour. The Participant(s) agree to arrange suitable personal insurance as detailed in the respective section of the Agreement.

7.7 For accommodation, transfers, ski lifts, snowcats and snowmobiles, the Organizer acts only as an agent for the other companies and as such has no control over any services provided by these supplying companies. All bookings made with these companies are subject to the booking terms and conditions under which these services are provided. The Organizer will not be held responsible for the inability of the suppliers to comply with any special requests.

7.8 The Organizer cannot be held responsible for snow conditions. Snow quality and quantity are not warranted, and the rights and remedies of the parties in respect of snow conditions are governed exclusively by Section 6.8.

7.9 While the Organizer makes all efforts to gather a matching group, no claims related to disparate fitness or skiing ability of the Participants can be made.

7.10 The Participant(s) accept that travel in developing countries can at times be slow and unpredictable and no claims related to transportation can be made.

8.1 The Organizer is authorized to process and store personal data within the framework and for the purposes of the Agreement. Furthermore, the Participant(s) expressly agree to the disclosure of personal data to the Guide and the Organizer’s partners, for example to accommodation providers when booking.

8.2 The Participant(s) agree that any videos and photos of them taken during the Tour may be used by the Organizer or his partners or affiliates for publicity, promotional and advertising purposes online, in social media or in paper publications. The Organizer will never sell photos in which the Participant(s) are depicted to third-party companies.

The Organizer may delegate the leadership of the Tour in the field to a Guide with sufficient qualifications and experience. Such delegation does not change the contractual relationship: the Agreement remains between the Organizer and the Participant(s), all payments and refunds continue to be handled by the Organizer, and the provisions of this Agreement concerning the Guide apply to the delegated Guide in full. Decisions made by the delegated Guide within the Guide’s competence under Sections 3 and 4 are binding on the Participant(s) as if made by the Organizer in person.

This Agreement shall be governed by and construed in accordance with the laws of Georgia, excluding its conflict of laws rules. Mandatory consumer protection provisions of the law of the Participant(s)’ country of habitual residence remain unaffected where applicable.

Should individual provisions of this Agreement be wholly or partially ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision that comes as close as possible to achieving the economic purpose of the ineffective provision.