Terms and Conditions

TERMS AND CONDITIONS

Reservation: Applications by participants (“Trainees”) for enrolment on programmes of instruction or courses (“Programmes”), should be made direct to the Peak Leaders office. A minimum deposit of £550 is required to confirm the reservation. Trainees must be at least 18 years of age (unless appropriate references received). Element Concept SARL (“the Company”), reserves the right to refuse an enrolment, if, in its opinion, a trainee is unsuitable. The decision of the Company is final: it is not obliged to provide a reason for its decision. However in these circumstances, the deposit will be refunded in full.

Deposit: A non-refundable deposit is required at the time of booking to reserve a place on the Programme. This is normally £550 or the equivalent in another currency. Should a trainee withdraw from the programme for any reason, the Company will retain the deposit. For cancellations 12 weeks or more before the Programme start date, the Company may agree to hold in credit the deposit amount, in the event of a trainee participating in a subsequent Programme. Each case will be considered individually.

Payment: Full payment is our preferred option at the time of booking. Only 100% payment completely guarantees a place on a Programme. However, if only a deposit is taken at the time of booking the remaining full payment for the Programme is required twelve weeks before the Programme at the latest. A place on the Programme is not considered fully confirmed or guaranteed until full payment is received.

Full payment, partial payment and cancelation: In the event that there are not enough spaces on a Programme, for whatever reason, Trainees who have paid in full will always be given priority as their places are considered confirmed. Trainees who have not yet paid in full will therefore potentially not be able to join the Programme. In this situation we will then favour the earliest bookings made on the Programme – the most recent bookings will not be able to join the Programme. These Trainees will be offered a full refund for the amount they have paid, including the initial deposit. However any banking fees or credit card fees will be deducted from this total amount.

Payment type: If a Trainee pays by bank transfer they are asked to carry any costs on their side. If a client pays by credit card or debit card we will ask for a 3% transaction fee to offset the merchant costs of the payment. Payments can be made to our accounts in Swiss Francs (CHF) or in British Pounds (GBP).

Card payments: The Peak Leaders brand is owned and operated by Element Concept SARL, a Swiss registered company. As such any card payments in GBP will be calculated at the current base exchange rate. This rate will be decided solely by the Company. An additional 3% will be added as described above.

Refund / Cancellation by trainee: Full payment to the Company is required as per the invoice terms. The Company reserves the right to cancel a trainee’s place on a Programme if payments are not received by the specified dates (the deposit is non-refundable in this case). Cancellation of a booking by a trainee between 12 and 6 weeks prior to commencement will incur a charge of 40% of total costs. For cancellations by a trainee less than 6 weeks before Programme commencement, there is no refund. Refunds will not be made for any injury or other loss sustained on the programmes of the Company. Trainees should be insured for all eventualities.

Cancellation by Company: The Company reserves the right to cancel programmes without prior notice, if, at the Company’s sole discretion, the minimum number of students is not reached or if there is another valid reason. In this event all sums paid to the Company by the trainee will be refunded in full including the initial deposit but with any banking fees deducted. In the event of the Company having to cancel a programme for reasons outside its control, the Company retains the right to deduct from such sums, 20% of monies paid. The Company undertakes to explain the reasons for cancellation and to advise and assist trainees in finding alternatives. The company will not be responsible for any pre booked travel costs in the case of cancellation (please see insurance section).

Curtailment / Modification to programmes and details: Since the Company’s programmes require an inherent degree of flexibility by those involved, basic programme itineraries should be regarded as a fair indication of what is intended to be achieved, but they are indicative only and not a contractual obligation on the part of the Company. The Company reserves the right to vary, depart from, curtail or otherwise alter programmes and details, as it shall in its sole discretion, see fit. This covers all aspects of the programme including accommodation and food. A fundamental condition of enrolment on a programme is that the trainee appreciates the need for flexibility and understands that the Company cannot accept liability and/or responsibility for delays or modifications to programmes. No refunds will be made, nor any

liability incurred by the Company for stages in the programme itinerary included in the original programme price, which may have to be changed or cancelled by the company.

Insurance: Travel (including cancellations, curtailments, theft, accident, medical, third party injury), and equipment insurance is not included in the overall package price, unless otherwise stated. The trainee, by his acceptance of these conditions, acknowledges that programmes involve activities which are inherently risky and that accidents can happen which do not necessarily arise from anyone’s negligence. Comprehensive insurance, particularly for cancellation, ill health, medical expenses, accidental injury, liability for injury to others and death, is mandatory and proof of insurance will be required prior to departure. Some insurance guide lines are contained in the programme joining instructions. These are for guidance only and the trainee shall be solely responsible for ensuring that he/she has insurance cover which is adequate in all respects. Insurance should be obtain immediately after booking to ensure cover for cases of cancellation.

Health: Trainees must be in a physical and mental condition appropriate to the programme they intend pursuing. Trainees must inform the company of any past or current medical history which may affect their health or wellbeing or that of other trainees or Programme conductors whilst participating in the programme. Trainees must fill out the medical section of the questionnaire fully and truthfully.

Responsibility: Acceptance of a place by the trainee on a programme, binds him or her to be responsible, to adhere at all times to the instructions of the leaders representing the Company – particularly in relation to safety. The commission of an illegal act (including drug taking / possession) or behaviour that, in the opinion of the leaders is detrimental to the safety and welfare of Programme members as a whole or to any one of them, may result in the trainee concerned being asked to withdraw from the programme any time without the right to a refund. The trainee is responsible for his/her behaviour and will indemnify the Company of all loss and liability however indirect, suffered by, or on behalf of, the Company as a result of any acts or omissions of the trainee, whether negligent or not.

Behaviour: The Company shall be entitled to recover from a trainee the cost of all damage or loss caused by the trainee. The trainee must undertake to behave with propriety and in such a manner as in no way to harm the reputation of the Company. The trainee must adapt to the accepted standards of behaviour of any host hotel and country. The participation in a programme by any trainee in breach of this clause may be terminated immediately without notice by the Company, whereupon the contract between the Company and the trainee shall be at an end without any further cost to the company.

Costs: Programme charges are based on local exchange rates and costings. Should these vary, the Company reserves the right to increase programme charges without prior notice to the trainee. If the increase, as determined by the

Company acting reasonably, is in excess of 10%, the trainee may elect in writing and within 10 days of the notification of the increase, to withdraw from the programme. In such cases, all sums thus far paid by the trainee to the Company, will be returned to the trainee.

Cost Increases: Certain increases are incurred by which are outside The Company’s control. The Company reserves the right to increase the price of their Programmes at any time throughout the year. Unless you choose to pay in full at the time of your booking, the price of your Programme is subject to increases in certain circumstances. These circumstances are variations in the following; the cost of fuel, taxes, exchange rates. The Company will absorb the first 2% of any increase and amounts exceeding 2% will be passed on to you. If the price increase exceeds 10% you are entitled to opt for a full refund.

Liability: The Company does not own, manage, control, or operate any hotel, insurance company, club, mountain resort, adventure company, vehicle or any other service that would fit in the classification of supplier. As a broker, all coupons, vouchers, exchange orders, receipts, contracts and tickets issued by the Company and/or other companies are subject to any tariffs as well as the terms and conditions specified by each company. The acceptance of such coupons, vouchers, exchange orders, receipts, contracts and tickets shall be deemed to be consent to the foregoing conditions and neither the Company nor any of its representatives shall be or become liable or responsible for any loss, injury, or damage to a trainee or to any person, property or otherwise in connection with any programme accommodation, transportation or other services resulting directly or indirectly from: * Any act of God, including but not limited to dangers incident to water, air or earth, fire, breakdown in machinery or equipment, acts of Government or other authorities, dejure or defacto wars, whether declared or not, hostilities, civil disturbances, strikes, riots, thefts, pilferage, epidemics, quarantines, medical or customs regulations, and * Defaults, delays or cancellations of or changes in itinerary, routing or schedules from any cause beyond the control of the Company or * Any loss or damage resulting from insufficient or improperly issued passports, visas or other documents.

Risk: Instructors from our supplier companies and organisations have extensive experience in delivering outdoor adventure activities. They will make every effort to provide the safest and most enjoyable experience possible during a programme. Although every precaution is taken to protect trainees, adventure activities such as off-piste skiing or snowboarding, skidoo driving, trekking and rafting are hazardous by nature and involve risk. The onus is on the trainee to be insured for all eventualities. The Company is not responsible or liable for any negligent acts or defaults of suppliers or any other person, company or corporation not directly under its control. Furthermore many suppliers of adventure services will require a release of liability to be signed by trainees, acknowledging and accepting the risk involved. Trainees must acknowledge the natural risks including but not limited to avalanches, mountain terrain, jungle, wild animals, rapids and all weather and road conditions.

Loss or damage: By recommending or booking any activity, the Company will not assume liability to any trainee, company or business for any loss or damage or injury or anything to any trainee or property during or after participation in it, or for any delay or expenses incurred as a result of participating in it, for any reason or cause whatsoever, including negligence on the part of the Company or any of its officers or employees.

Complaints: Any complaints about the programme should be made known to the programme leader or other representative of the Company, in writing, and every effort will be made to reach an amicable solution. Any complaint about a programme must be made in writing and must be received by the Company not later than 28 days after the end of a programme. The Company undertakes to address a complaint within 21 and 90 days of receipt of the written complaint.

Documentation: Each trainee must be in possession of a valid international passport and must arrange VISAs/permits as specified as being necessary by the country concerned. Also each trainee must have any inoculations which are specified as being necessary for the country concerned. Any information about inoculations, clothing and equipment, climate etc, is given in good faith but the Company does not accept responsibility for the validity of such advice and would refer the participant to his/her doctor.

Training costs: Trainees who are adjudged on arrival by the programme leaders to be below the stated Programme entry standard and therefore in need of supplementary coaching, will bear in full any resultant extra training costs.