TERMS AND CONDITIONS

1. Booking:

HELI-GUIDES AG CH-8574 Lengwil-Oberhofen offers several ways of conducting a firm booking: postally by sending us a completed registration card/form or per fax or e-mail using the registration form on our website www.Heli-Guides.com. With his booking, the client concludes a binding contract with the HELI-GUIDES AG, if the booking is accepted by HELI-GUIDES AG. If the booking is made for more than one participant, the person making the booking is liable for the contractual obligations of all registered participants, if he/she executed an explicit and separate declaration. With the conclusion of the contract or immediately after it the client will receive a written travel confirmation comprising the travel documents, if he/she has not received them before. In order to facilitate hotel and room reservations, HELI-GUIDES AG begs clients to make bookings as soon as possible. We recommend our clients to read the following contractual conditions thoroughly. Due to the limited number of participants it is advisable to make your booking early.

 

2. These General Terms and Conditions do not apply for the subsequent services:

For all “flight only” bookings conveyed and booked via HELI-GUIDES AG the travelling and contract conditions of the respective travel agency or airline apply. For trips and events, that are not planned, arranged and executed by HELI-GUIDES AG, the General Terms and Conditions of the respective organizer apply, which we will send you before the conclusion of the contract. This also concerns our journeys to Canada, Russia and Alaska.

 

3. Payment:

After conclusion of the contract the HELI-GUIDES AG sends a booking confirmation and an invoice (prices are subject to change!). After receipt a deposit of 25% (per person) of the travel price is to be made immediately. The remaining amount is to be paid 28 days prior to departure in case of tours in the Alps. Flight tickets are to be paid immediately. In case of payment by credit card, we impose an additional charge amounting to the credit card commission.

 

4. Package price:

The listed prices apply per person and comprise all services stated in our description of the respective package.

 

5. Rules governing participation:

Any legally responsible person is welcome to participate in the heli-skiing, freeriding and ski tours and the trips abroad offered by the HELI-GUIDES AG, provided that he/she is in good health, is adequately skilled and has the right equipment for meeting the demands of the activity as described in our information material. Trips to foreign countries require that the participants adapt themselves to the customs and traditions of the respective country. The tour/mountain guide engaged by the HELI-GUIDES AG is authorized to exclude a participant fully or partially from the scheduled program at the beginning of or during the trip, if he/she recognizes that the participant does not fulfil the required conditions. Costs of return trip shall be borne by the participant and the paid travel price cannot be refunded.

 

6. Substitute:

Until the day of departure the participant is able to claim another person to take his/her place inasmuch this person fulfils the required conditions and his/her participation is not opposed by statutory provisions or regulatory actions. The original participant remains contractual partner of the HELI-GUIDES AG. However, the HELI-GUIDES AG grants the rights of the original participant‘s contract to the substitute participant (including warranty and claims for compensation). If the substitute participant enters into the contract, both the original and the substitute participant become liable for the travel price and any additional costs that arise from the presence of the substitute.

 

7. Minimum number of participants:

The number of participants varies from package to package depending on the challenges involved and the corresponding nature of the tour. Thus, please pay attention to the numbers of participants quoted on our website / in our program. For example, ‘TN: min-max. 6-8 persons means that the tour takes place if the minimum number of 6 participants is reached; however, that there cannot be more than 8 participants per mountain guide. If the minimum number of participants is not reached, the HELI-GUIDES AG reserves the right to cancel a tour up to two weeks prior to departure (right of withdrawal). Notice of cancelation may be given in writing, by telephone or orally. Any payments already made will be refunded without delay and deduction. If the HELI-GUIDES AG makes use of its right of withdrawal but the prospective participants wish the trip, activity or guidance to take place, the HELI-GUIDES AG may submit a new offer. Hence, we have to calculate a new price, about which we will inform the prospective participants. In case they accept the new price, it comes to a new contract based on which the tour, guidance or trip will be conducted.

 

8. Insurances:

Travel insurance packages, as withdrawal from the trip, curtailment of travel, repatriation, baggage, etc., are not included in the travel price. It is the responsibility of the participant to insure him-/herself against possible risks. It is recommended explicitly to effect a travel insurance package.

 

9. Passport, Visas, Vaccinations, etc.:

Each participant is solely responsible for the compliance with all regulations concerning passports, visas, customs, currency and health. At the participant’s expense, we gladly take over the visa procurement. To issue your travel documents accurately, it is necessary that you indicate your personal data in accordance with the data in your passport at the booking. If the data on your travel documents are not conform to these in your passport, this may at worst result in a refusal of entry or a forced repatriation at your cost. If travel documents have to be reissued due to nonconforming data, the costs shall be borne by the booking person. Any disadvantages due to the non-observance of these regulations also shall be borne by the respective participant.

 

10. Client-side withdrawal:

Clients may cancel their participation in tours, trips, etc. at any time before departure. In your own interest and for verification purposes the cancelation should be made in writing. The cancelation becomes valid on the day of arrival at the HELI-GUIDES AG. In case of a client-side withdrawal, the HELI-GUIDES AG can charge the percentile compensation referred to in 10.1, based on the travel price, instead of calculating the precise withdrawal compensation. If the HELI-GUIDES AG is relieved from claims by third parties in whole or in part (credits for unused hotel facilities, commissions for agency services, ski passes, flight tickets etc.), this amount shall be deducted from the travel price upon which the compensation is based.

 

10.1. For events in the Alpine region the following compensations apply:

In case of a client-side withdrawal up to 60 days prior to departure we charge 10% of the travel price as cancelation and service fee. For cancelations at a later point in time we charge the following compensations:

– up to 40 days prior to departure: 30% (of the travel price)
– up to 30 days prior to departure: 50% (of the travel price)
– up to 8 days prior to departure: 75% (of the travel price)
– from the 7th day prior to departure: 100% (of the travel price)

 

10.2. Curtailment of travel and return trip:

If a participant prematurely interrupts the trip, there will be no reimbursement for services not received. Additional travel costs shall be borne by the participant.

 

10.3. All expense tours, charter or scheduled flights:

If the HELI-GUIDES AG has arranged an all expense tour, a charter or scheduled flight at a lump sum, special rate or special conditions, we also have to charge the cancelation fees of the respective tour operator and airline plus a handling fee, which we will make available for clients on request. The claims for compensation of costs may amount to 100% of the flight costs.

 

11. Cancelation of the contract by the HELI-GUIDES AG:

If a trip/event/activity is cancelled by the organizer – even on short notice- due to force majeure, as war, unrest, epidemics, flight cancelations, strikes, sovereign regulations, natural disasters or legitimate reasons of security of any kind, the participant is eligible for a reimbursement of the amount already paid by him/her. If these circumstances occur before the departure, we reserve the right to charge the participant potential additional costs, for instance insurances concluded, visa fees, etc. Further claims are excluded. In case of a withdrawal of the organizer, the conditions of the airline apply and there are no compensations for booked flights.

 

12. Liability, Insurance:

The HELI-GUIDES AG explicitly points out that freeriding and off piste skiing bear higher risks. Participants attend the booked arrangements and activities at their own risk. The HELI-GUIDES AG and its deployed guides cannot assume any liability in case of accidents, losses and damages of the equipment. Also the HELI-GUIDES AG does not take over any liability for tortious acts, omissions and gross negligence of vicarious agents – unforeseen circumstances, damages, losses – and accidents, particularly mountaineering, skiing and/or snowboarding accidents. The HELI-GUIDES AG cannot guarantee that the trip goes according to plan as this mainly depends on weather and snow conditions, danger of avalanches and personal skills. The guide reserves the right to alter the planned tour/event according to the participants’ skills and their technical and physical condition or due to unforeseen circumstances. Although the HELI-GUIDES AG can be intermediary for services of third parties, e.g. hotels, ski-lifts, mountain railways, helicopter companies, airlines and other carriers, it assumes no liability for their quality, compliance with safety regulations, flying times, connections, etc. Our programs are not conducted on behalf of a certain carrier and the carrier is not responsible for the organization of the trip. The carriers’ liability is based on relevant laws and conditions. Damages, defects or changes of program, for which the HELI-GUIDES AG is not responsible, or that arise due to force majeure, as war, unrest, epidemics, flight cancelations, accidents, failure of means of transport, delays, strikes, sovereign regulations, etc., are excluded from liability. All activities undertaken by the participant, which are not part of the booked arrangement, are at the participant’s own risk and without any liability claim against the HELI-GUIDES AG. Liability claims against the HELI-GUIDES AG are generally limited to the amount of the travel price. Further claims and demands are excluded from liability. Also lost holiday time, loss of enjoyment, experienced frustration are outside our liability.

 

13. Gift cards:

Gift cards issued by the Heli-Guides AG can be redeemed for services offered by all the Heli-Guides AG, unless they have been specifically issued for a specific service. A cash back payment, even in part is not possible. The validity of the vouchers is regularly five years from the date of issue. For partial redemptions of gift cards, another prolongs the time five years from partial redemption. The balance on our gift certificates will be no interest. Persons Bound Gift certificates cannot be transferred without the written consent of the Heli-Guide AG. Typically Gift Certificates will be sent within two business days after receipt. The Heli-Guides AG reserves the right to adjust this regulation to gift certificates. The general terms and conditions, the travel conditions and the cancellation provisions take application on both coupon acquisition as well as cashing a voucher.

 

14. Claims and complaints:

Should there be any complaints during the trip the participant should immediately inform the tour guide/representative of the HELI-GUIDES AG. This is mandatorily necessary for a later attempt to assert claims for compensation and facilitates to provide redress on site. If it is not possible to provide redress on site, the participant has to submit a written complaint to the HELI-GUIDES AG within 20 days after return trip, together with a confirmation, obtained on site. If these conditions are not complied with, all claims shall expire.

 

15. Changes in service or prices:

Prices listed in our program and information were correct at the time of going to print and are subject to change. Prices and programs published on our website are binding. The HELI-GUIDES AG is not responsible for changes in price of third parties (increases in gasoline prices at transportation, taxes, exchange rate fluctuations, visa fees, etc.). As soon as the HELI-GUIDES AG gains knowledge about the factors increasing the travel price, we will inform our clients without delay. This information has to reach the client not later than the end of the 21st day before departure. If the increase of the travel price exceeds 10% of the original price, the client has the right to withdraw from the contract free of charge within 5 days following the receipt of our information. In this case any payments already made shall be refunded without delay.

 

16. Rental equipment:

Costs of repair of hired equipment, arising from damages, which are not due to normal wear, shall be borne by the hirer. Lost equipment is to be replaced by the participant. Also an inadvertent release of our ABS backpacks has to be charged. The HELI-GUIDES AG shall not be liable for accidents with the rental equipment provided by us (skis, test skis, bindings, etc.).

 

17. Return trip/planning:

Despite thorough planning it might come to a delayed return trip due to unforeseeable reasons or unpreventable occurrences. Hence you should fix no important appointments, whose noncompliance might bear serious consequences, for the day of return, or, especially in case of trips to other continents, the day after return.

 

18. Organizer:

The trip organizer is HELI-GUIDES AG Kreuzlingerstrasse 5 CH-8574 Lengwil-Oberhofen, Phone: +41 (0)71 688-7000, E-Mail info@heli-guides.com. All trips are arranged conscientiously and precisely. However, HELI-GUIDES cannot guarantee any success expected by participants, as summit success and the like.

 

19. Place of jurisdiction:

Swiss law applies exclusively to all contractual agreements between clients/participants and the HELI-GUIDES AG. Complaints against the HELI-GUIDES AG can be raised exclusively at the head office in Lengwil-Oberhofen, Thurgau and have to be judged according to Swiss law solely.

 

20. Time of going to press:

Our time of going to press is July 2014. The HELI-GUIDES AG reserves the right to change prices and offers.