TERMS AND CONDITIONS

The parties:
Participants: the “Trainee” or “Trainees”.
Peak Leaders Sarl: the “Company”
The Company’s address: Chemin des Rosays 5B, 1934 Le Chable

Booking confirmation and payment:
A binding confirmed booking is created when the Company issues written confirmation of both the Course and the Trainee’s place after receiving the required deposit.

The deposit forms part of the Course fee. Once confirmed, the Trainee’s place will not be allocated to another customer because that customer has paid earlier or in full.

The outstanding balance is due 12 weeks before the Course start date.

Bookings accepted within that 12 week period require full payment, unless otherwise agreed in writing.

If payment is overdue, the Company will give written notice allowing at least 14 calendar days to pay before cancelling the booking. Any cancellation charge will be calculated under the cancellation provisions below.

If the Company declines a booking before confirmation, all sums paid for that booking will be returned.

Banking charges:
If a Trainee pays by bank transfer they are asked to carry any banking costs on their side.

If a Trainee pays by bank transfer and there are significant deductions then the Trainee is required to make up the short-fall. Please note this includes errors in sending the payment in the wrong currency – for example, if the Company issues a Swiss Franc (chf) invoice, the Company must receive the full amount in Swiss Francs.

Bookings through an agent

If a Trainee books through a third party authorised to collect funds on the Company’s behalf, those funds will be credited towards the Course fee. The same booking-confirmation, waiting-list, refund and cancellation provisions apply as for direct bookings. Cancellation charges are calculated on the Company’s total Course fee and are not additional to the deposit.

Card payments:
We only normally offer card payment options for deposits. We ask for bank transfers for the remaining amounts. If you request to pay by card we reserve the right to charge an administration Fee to cover the card merchant transaction fees.

Cancellation by the Trainee

The deposit is CHF 1,000. Where the total Course fee is less than CHF 1,000, the full Course fee is payable instead of the deposit. Payments form part of the total Course fee. The cancellation charges below apply only once the booking has been confirmed; the separate refund provisions for unconfirmed bookings and waiting-list places remain applicable.

Cancellation must be notified by email to the Company and takes effect when received.

• At least 84 days before the Course start date: the cancellation charge is CHF 1,000, or the full Course fee if that fee is less than CHF 1,000.
• Between 42 and 83 days before the Course start date: the cancellation charge is 50% of the total Course fee or CHF 1,000, whichever is greater, but never more than the total Course Fee.
• Fewer than 42 days before the Course start date, or failure to attend: the cancellation charge is 100% of the total Course Fee.

For Courses costing CHF 1,000 or less, the full Course fee is therefore non-refundable following cancellation by the Trainee after booking confirmation, subject to mandatory legal rights.

Payments already made, including the deposit, will be credited against the cancellation charge. Any outstanding cancellation charge remains payable, and any payments exceeding the applicable charge will be refunded promptly.

Personal circumstances, including illness or injury, do not automatically entitle the Trainee to a refund or a reduction of the applicable cancellation charge. The Company may, at its discretion, offer a refund, credit or transfer in exceptional circumstances. Any such concession will be confirmed in writing and does not create an entitlement to the same concession in other cases. Trainees are strongly advised to obtain cancellation insurance covering their circumstances and the activities included in the Course.

These provisions concern cancellation by the Trainee and do not restrict any mandatory legal right to cancel without charge, receive a refund or obtain a reduction of a cancellation charge.

Cancellation of Extended Accommodation by the trainee:
If a trainee books an Extended Accommodation package after their course is due to end, the booking is not refundable. If a trainee can find someone to replace them then the Company can arrange for this to be a direct swap and the Trainee will be refunded if the replacement makes a full payment of the same or greater value. This is rare and needs to be arranged on a case-by-case basis.

Booking applications, confirmation and waiting lists

Submitting a booking form and paying a deposit constitutes an application for a place on the Course. All applications are subject to availability and written acceptance by the Company. An automated acknowledgement of the booking form or receipt of payment confirms receipt only and does not confirm that the application has been accepted, that a place has been allocated or that the Course will run. The Company will review applications promptly and issue a separate written booking confirmation or explain the available options.

If the Company cannot confirm the requested booking, the Trainee will be offered a full refund of all sums paid or the option of joining a waiting list. The Company will retain the deposit for a waiting-list place only with the Trainee’s agreement. While on the waiting list, the Trainee may withdraw at any time before their booking is confirmed and receive a full refund. No cancellation charge applies during this period. When offering a waiting-list place, the Company will state a date by which it will either confirm the booking or refund the deposit, unless the Trainee agrees to an extension.

A binding Course booking is created when the Company issues its separate written confirmation of the Course and the Trainee’s place. The normal payment and trainee-cancellation terms then apply. Any changes to the Course details or payment deadlines originally offered must be agreed with the Trainee before confirmation. Once confirmed, the Company will not cancel the Course because of insufficient participant numbers.

Cancellation by the Company:

If the Company cancels a confirmed Course before it starts for a reason not attributable to the Trainee, the Trainee may choose a full refund or an available alternative Course agreed with the Company. Any refund under this section will be made promptly, will include the deposit and will not be reduced by the Company’s banking, card-processing or administration costs. Cancellation will be notified promptly in writing. Any entitlement to additional compensation is governed by applicable law.

Changes and disruption

The Company may make reasonable operational adjustments to instructors, timetables and training locations to accommodate weather, snow conditions, safety requirements and availability. If an essential element changes materially before the Course, the Company will explain the change and offer acceptance or cancellation without charge with a full refund. During the Course, the Company will seek suitable alternatives without additional charge where significant services cannot be delivered, and will provide any price reduction, refund, assistance or other remedy required by law. Routine adjustments do not automatically create a refund entitlement.

Personal inability to attend:

Illness, injury, travel difficulties or a decision not to attend do not automatically entitle the Trainee to a refund where the Company remains able to provide the agreed Course. The cancellation provisions apply, subject to mandatory legal rights. If the Company cancels or cannot deliver agreed services, the Company cancellation and disruption provisions apply.

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 Courses involve activities which involve inherent risk and that accidents can happen which do not necessarily arise from anyone’s negligence. Comprehensive insurance is required and the reposibility of the Trainee. Ill health, medical expenses, accidental injury, liability for injury to others and death should all be covered. We also recommend cancelation or curtailment insurance. Advice regarding insurance from Peak Leaders representatives is for guidance only. The trainee accepts they are solely responsible for ensuring that they have insurance cover which is adequate in all respects. Insurance should be obtained immediately after booking to ensure cover for cases of cancellation.

Health:
Trainees must be in a physical and mental condition appropriate to the Course 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 Course conductors whilst participating in the Course. Trainees must fill out the medical section of the questionnaire fully and truthfully.

Conduct and removal from the Course

All Trainees are expected to show responsibility and respect. As a result antisocial behaviour, violence, damage and/or illegal activities will not be tolerated.

Trainees must follow reasonable safety instructions and accommodation rules and must not engage in unlawful, violent, threatening or seriously disruptive behaviour.

The Company may immediately suspend participation where reasonably necessary to protect safety.

Except where the seriousness or urgency of the circumstances makes a warning inappropriate, the Company will explain the concern (a warning) and provide a reasonable opportunity to correct the behaviour before terminating participation.

Any termination will be confirmed in writing with reasons. The Trainee is responsible for loss or damage for which they are legally liable. The Company will account for payments received and costs reasonably saved; removal does not automatically result in forfeiture of every unused service or waive either party’s legal rights.

Room occupancy:
We sometimes offer rooms with lower occupancy for a supplementary charge. If you pay a supplement for a twin room or a single room, for example, then we guarantee that will be the maximum occupancy of your room. If the requested room type becomes unavailable we will refund your supplement charge in full. Please note that other trainees on your course might not book twin or single rooms, but – by chance – they might be in a room that is not at full occupancy. They have no guarantee that their room will not reach full occupancy during their stay – extra trainees might join them during their course. This does not change the supplement you have paid for your guaranteed room occupancy.

Course price:

The Course price and currency stated in the booking confirmation are fixed once the booking is confirmed. Additional charges apply only to optional services or booking changes requested by the Trainee and agreed in advance. Changes to advertised prices apply to new bookings only. The booking confirmation will identify what is included and excluded from the Course price.

Liability and inherent risks:

Skiing and mountain activities involve inherent risks which cannot be eliminated. Participation does not waive the Trainee’s legal rights. The Company remains responsible for performance of the contract to the extent required by applicable law, including responsibility for included services delivered by suppliers. Nothing in these terms excludes or restricts liability for intentional wrongdoing, gross negligence, or any liability which cannot lawfully be excluded or restricted. Insurance requirements do not replace the Company’s legal obligations.

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 Course. 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.

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.

Complaints:

The Trainee should report any problem promptly to the Course leader and, where relevant, the service provider so that it can be investigated and addressed during the Course. Reports may initially be made verbally, with written confirmation where practicable. If the matter remains unresolved, the Trainee should send a written complaint to the Company as soon as reasonably possible, preferably within 28 days after the Course ends. The Company will acknowledge receipt within seven days and aim to provide a substantive response within 28 days, explaining any further time needed. This procedure does not replace applicable statutory limitation periods or restrict mandatory legal rights.

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.

Entry standard and supplementary training:
Trainees must meet the entry standard communicated before booking. If a Trainee’s ability raises safety concerns or prevents participation in the planned training, the Company will discuss suitable options with the Trainee. Any supplementary coaching and its price must be agreed before additional charges are incurred. The Company may restrict participation where reasonably necessary for safety, without affecting either party’s mandatory legal rights.

Delayed resort opening and weather disruption

Ski-area opening and access to suitable training terrain depend on snow, weather, safety conditions and decisions made by the ski-area operator.

The Company will communicate known disruption and its proposed response promptly and will keep Trainees informed of material developments.