Tour Services Agreement

TOUR SERVICES AGREEMENT

Elbrus Climbing LLP Version 2.0. Effective date: date of publication. This version applies to bookings made on or after the effective date. Bookings made earlier remain under the version accepted at the time; we keep every earlier version and send a copy on request.

These terms, together with your Booking Confirmation and the Tour Description, form the agreement between you and us. Please read them carefully, in particular clause 6 (cancellation charges and the deposit), clause 10 (summits and other objectives are not guaranteed) and clause 12 (insurance is required).

1. WHO WE ARE AND KEY WORDS

1.1 "We", "us" and "our" means Elbrus Climbing LLP, a limited liability partnership registered in England and Wales under number OC441664, registered office 38 Princess Park Manor, Royal Drive, London N11 3FL, United Kingdom, email info@elbrusclimbing.com.

1.2 In these terms:
(a) "Agreement" means these terms, your Booking Confirmation and the Tour Description.
(b) "Booking Confirmation" means the confirmation we send you by email after your deposit is received, together with your booking page and the invoices we issue for your booking. It shows the Tour, the dates, the participants, the total price, the deposit, the balance and how and when it is paid, and any special terms. Where an item is not shown there, the Tour Description applies.
(c) "Tour Description" means the description of the Tour on our website as it stood at the moment you booked, including what the price includes and excludes. We keep a record of it and send you a copy on request.
(d) "Tour" means the guided programme you book, as described in the Tour Description.
(e) "Lead Client" means the person who makes the booking. "Participant" means each person named in the booking, including the Lead Client if travelling. "You" means the Lead Client and, where the context allows, each Participant.
(f) "Local Operating Partner" means the company that delivers the Tour on the ground for us in the destination country, together with the guides, accommodation and transport providers it engages.
(g) "Lead Guide" means the guide in charge of your group.
(h) "Credit Account", "Deposit Credit" and "Bonus Credit" have the meanings in clause 7.
(i) "Unavoidable and Extraordinary Circumstances" means a situation beyond the control of the party relying on it, the consequences of which could not have been avoided even if all reasonable measures had been taken.

2. OUR ROLE AND RESPONSIBILITY

2.1 We sell you the Tour and we are your contracting party for the whole Tour. The Tour is delivered on the ground by our Local Operating Partner and the guides, accommodation and transport providers it engages.

2.2 We are responsible to you for the proper performance of all the travel services included in your Tour, whoever performs them, as set out in clause 17.

2.3 Flights to and from the destination, and any services you book directly with other providers, are not part of the Tour unless your Booking Confirmation says otherwise.

3. BOOKING AND HOW THE AGREEMENT IS MADE

3.1 How to book online. You choose a Tour and date, enter the details of each Participant, and see a summary of the booking with the total price, the deposit and the main cancellation terms. You can correct any mistake before you pay by going back to the previous steps. To complete the booking you tick the acceptance boxes and pay the deposit.

3.2 When the Agreement is made. The Agreement is made when we receive your deposit. We confirm the booking by email without undue delay. You can see and print the version of these terms that applies to you on our website at any time, and we send you a copy on request. If your payment does not reach us within the time shown at checkout, your provisional booking ends and nothing is payable by you or by us.

3.3 Bookings arranged with our team. If you book through our team rather than online, we send you the same summary and a link to these terms and ask you to confirm in writing that you accept them, for yourself and all participants. We send the payment link after your confirmation, and the Agreement is made when we receive your deposit.

3.4 Group bookings. The Lead Client confirms that he or she is authorised to make the booking for every Participant and to accept this Agreement on their behalf, and is responsible for payment of the total price. We may ask each Participant aged 18 or over to confirm these terms personally before the Tour.

3.5 Age. Participants must be 18 or older at the start of the Tour, unless the Tour Description allows younger participants. A participant under 18 may take part only where the Tour Description allows it, accompanied throughout by a parent or legal guardian who is a Participant in the same group and who accepts this Agreement for the minor.

3.6 Language and records. These terms are available in English and in translation. We keep a record of your booking and of the version of these terms you accepted, and you can store and print these terms from our website.

3.7 Open date bookings. An open date booking is a booking of a departure of a Tour that is not yet published and that starts after the date shown when you book (the start of the last departure of this Tour published at that time). The price shown when you pay the deposit stays fixed for the departure you later choose. You choose a departure from those we publish after that date, no later than 30 days before its start and within 24 months after your booking. If we do not publish any such departure within that period, you may choose another of our Tours or a full refund of all payments, including the deposit, within 14 days. If such departures are published and you do not choose one within that period, your booking is treated as cancelled by you on the last day of the period, and clause 6.2(a) applies.

4. PRICE AND PAYMENT

4.1 The total price is shown in your Booking Confirmation. It includes all taxes and all charges that are compulsory for the Tour and known at the time of booking. What the price includes and excludes is set out in the Tour Description.

4.2 Your price is fixed. We will not increase the price of your Tour after your booking is confirmed, even if our published prices for later bookings change.

4.3 Deposit. You pay the deposit shown at checkout when you book. The deposit is part of the total price. It pays for the work we do at the moment of booking and in the weeks after it (reserving your place in the group, fixing your price, preparing your booking documents and, where relevant to your destination, visa support documents, and personal advice on preparation, equipment, insurance and logistics). Each deposit secures the place of one Participant in one package of one Tour. A deposit is never used to pay a balance or optional services. What happens to the deposit if you cancel is set out in clauses 6 and 7.

4.4 Balance. You pay the balance by the date and by one of the payment methods shown in your Booking Confirmation or invoice; if no date is shown, on arrival, no later than the first day of the Tour. If we do not receive the balance by the due date, we will remind you in writing and give you at least 7 days to pay. If it is still unpaid, we may cancel your booking by written notice, and clause 6 then applies as if you had cancelled on the date of our notice.

4.5 Optional services. Optional services you add to your booking (for example extra nights, equipment rental or private transfers) are shown with their prices in your Booking Confirmation or invoice. Services that can only be bought during the Tour are listed with their prices in the information we send you before departure; you pay for them locally and receive a receipt. Visa support, travel insurance, transfers and equipment rental may be sold as separate orders linked to your booking, each with its own invoice. For every optional service, a service already provided is not refunded; a service paid and not yet provided is refunded, or moved to your new booking if you move your booking.

4.6 Currency. If you choose to pay in a currency other than euro, the amount is fixed at the moment of payment at the rate shown to you. Your bank may charge its own fees.

5. INFORMATION BEFORE YOU BOOK

5.1 The Tour Description and the information shown to you before you paid form part of this Agreement and cannot be changed without your agreement, except as allowed by clauses 8 and 9.

5.2 The Tour Description tells you, among other things, the itinerary, the type of accommodation, any conditions that apply to activities and objectives, the fitness and experience required, any minimum number of participants, passport and visa requirements in general terms, and the insurance cover required.

6. IF YOU CANCEL

6.1 You may cancel your booking at any time before the Tour starts by telling us in writing, by email to info@elbrusclimbing.com. Your cancellation takes effect on the day we receive it. We confirm the date in writing.

6.2 Cancellation charges. If you cancel, a cancellation charge applies. The charges are set according to how long before the start of the Tour you cancel, the costs we can still save and the income we can expect from offering your place again.
(a) If you cancel 30 days or more before the start date of the Tour (day 30 included), the cancellation charge is the amount of your deposit. We then add the same amount to the Lead Client's Credit Account as Deposit Credit under clause 7. We refund all other payments you have made, except the price of optional services already provided to you.
(b) If you cancel less than 30 days before the start date of the Tour, the cancellation charge is the amount of your deposit, plus the price of optional services already provided to you, plus any costs already paid or committed for you that we cannot recover (for example non-refundable accommodation, permits or transport tickets), up to the total price. We send you a written breakdown of these costs and refund the rest of your payments.

6.3 If you ask, we will explain how a cancellation charge was calculated.

6.4 No charge in extraordinary circumstances. You may cancel without any cancellation charge, and receive a full refund of all payments including the deposit, if before the start of the Tour Unavoidable and Extraordinary Circumstances occur at the destination or in its immediate vicinity that significantly affect the Tour or the transport of Participants to the destination. Examples are serious security problems, natural disasters or epidemics, and new official advice of the United Kingdom government or of the government of the country where you live against travel to the destination, where no such advice was in force when you booked. Ordinary weather and normal route conditions are not such circumstances.

6.5 Refunds under this clause are made within 14 days of the date your cancellation takes effect, to the payment method you used where possible.

6.6 Because your Tour is provided on specific dates, the 14 day right to cancel that applies to some online purchases does not apply. Your cancellation rights are those set out in this clause.

6.7 Cancelling one Participant. If one Participant cancels, this clause applies to that Participant's share of the price, and any Deposit Credit arising from it goes to the Lead Client's Credit Account. The booking of the other Participants continues at the price already agreed.

6.8 Moving to another date or Tour. If you ask, 30 days or more before the start date, to move a Participant to another date, package or Tour, the price of the new choice on the day of the move applies, unless your Booking Confirmation or the terms of a promotion you booked under say otherwise. The deposit paid becomes the deposit of the new booking: if the new deposit is higher, you pay the difference; if it is lower, the difference goes to the Lead Client's Credit Account as Deposit Credit under clause 7. Balance payments move to the new booking, or are refunded if you ask. Optional services are dealt with as set out in clause 4.5. Less than 30 days before the start date we can move your booking only where we can offer your place again, and we tell you the cost before you decide.

6.9 Free date change option. If your Booking Confirmation includes a free date change option, you may use it once to move the booking to another date of the same Tour and package, by telling us no later than 30 days before the start of your current date. Your price stays as booked, or becomes the price of the new date if that is lower. Once the option is used, later moves follow clause 6.8. The option belongs to that booking only and is not a promise about any other change.

7. CREDIT ACCOUNT

7.1 We keep a Credit Account for the Lead Client. Amounts on it are in euro and can be used only as set out in this clause. The account shows two kinds of credit separately: Deposit Credit and Bonus Credit. We confirm each amount added to it in writing, with its expiry date.

7.2 Deposit Credit arises when a deposit paid is not used for a booking: when you cancel under clause 6.2(a), when a Participant moves to a Tour or package with a lower deposit, or when a booking is reduced 30 days or more before the start (fewer Participants or a lower package). Each amount of Deposit Credit can be used for Tours that start no later than 24 months after the start date of the Tour for which the deposit was originally paid (for an open date booking, 24 months after the last day for choosing a departure).

7.3 Bonus Credit is credit we give free of charge under a promotion, for example for a referral. Its amount, expiry date and any conditions are shown to you when it is given. We may change or end a promotion for the future; Bonus Credit already given keeps its terms.

7.4 Credit on the account can be used only to pay deposits of new bookings of any of our Tours, for the Lead Client or for other people the Lead Client names. It can pay the deposits of several bookings; any amount left stays on the account until it expires. It cannot be used to pay a balance or optional services. Unless the Lead Client asks otherwise, the credit that expires first is used first.

7.5 Credit is not paid out in money and ends on its expiry date, except as follows. If we cancel a Tour whose deposit was paid with credit, or you cancel it under clause 6.4, you may choose a refund in money of all payments for that Tour, including the Deposit Credit used; Bonus Credit used is returned to the account with its original expiry date. If a deposit paid partly with Bonus Credit later becomes Deposit Credit under clause 7.2, that part returns as Bonus Credit with its original expiry date.

8. IF WE CANCEL

8.1 We may cancel the Tour before it starts only if:
(a) a minimum number of participants is stated in the Tour Description or your Booking Confirmation, fewer people have booked, and we tell you no later than 20 days before the start of a Tour lasting more than 6 days, 7 days before the start of a Tour lasting 2 to 6 days, or 48 hours before the start of a Tour lasting less than 2 days; or
(b) we are prevented from performing the Tour by Unavoidable and Extraordinary Circumstances, and we tell you without undue delay before the start of the Tour.

8.2 If we cancel under clause 8.1, we refund all payments you have made, including the deposit, within 14 days. Instead of a refund you may ask us to apply all your payments to another booking of any of our Tours. No further compensation is payable.

8.3 If we cancel for any other reason, we refund all payments within 14 days, and you may also be entitled to compensation under clause 17.

9. CHANGES BEFORE THE TOUR STARTS

9.1 Minor changes. Our programmes depend on conditions we do not control. We may make insignificant changes before the Tour starts, for example to the order of days, the route on a given day, the accommodation (to another of a similar standard), meeting times or the guide named for your group (to another guide with the qualifications described in the Tour Description). We tell you of such changes by email.

9.2 Significant changes. If before the Tour starts we have to change significantly any of the main features of the Tour (for example the destination, the length of the Tour or the standard of accommodation), or cannot meet a special requirement we accepted, we tell you without undue delay by email, explain the change and its effect on the price, and give you a reasonable period to choose to:
(a) accept the change;
(b) accept a substitute Tour of equivalent or higher quality if we offer one (with a refund of any price difference if it is of lower quality or cost); or
(c) terminate the Agreement without any charge and receive a full refund of all payments within 14 days. If you do not reply within the period we set, we will contact you again; if you still do not reply, we will treat the change as accepted. You may also be entitled to compensation under clause 17.

10. DURING THE TOUR: OBJECTIVES AND SAFETY DECISIONS

10.1 Where the Tour Description includes an objective, such as a summit, a pass or a route, reaching it is not part of what we promise and is not guaranteed.

10.2 Whether and when an attempt on an objective or any other activity takes place, and whether it continues, depends on the weather, the condition of the route, each Participant's health and, where relevant, acclimatisation, and the safety of the group. The Lead Guide decides. Any conditions a Participant must meet to join an activity are set out in the Tour Description.

10.3 A decision of the Lead Guide not to start, to postpone, to shorten or to stop an attempt on an objective or any other activity for the reasons in clause 10.2, or to change the route or the order of days during the Tour for safety, is part of the proper performance of the Tour. It does not entitle you to a refund or compensation.

10.4 If a Participant has to stop, leave the group or end the Tour early because of his or her health, acclimatisation, a decision under clause 10.2 or his or her own choice, there is no refund for services not used. We will pass on to you any savings we actually make (for example accommodation we can cancel without charge). The costs of early departure, such as transport, extra nights, medical care or evacuation, are for the Participant to pay and are normally covered by the insurance required under clause 12. We will help to arrange them.

11. YOUR RESPONSIBILITIES

11.1 Each Participant must:
(a) hold a passport, visa and any other entry documents required for the destination, and comply with any health formalities. We give general information on these requirements in the Tour Description and, where your Booking Confirmation says so, help with visa support documents. If a Participant is refused entry or cannot travel because his or her documents are not in order, this is treated as a cancellation under clause 6;
(b) give us the information we ask for before the Tour under clause 13;
(c) hold the insurance required under clause 12;
(d) bring the equipment listed in the Tour Description or rent it from us; and
(e) arrive at the meeting point at the time we tell you. If a Participant arrives late, we will try to help him or her join the group, but any extra cost is for the Participant to pay.

11.2 Visa support. If you order visa support from us, we prepare and submit the documents with reasonable care, using the information you give us. The decision on a visa is made by the authorities and is not in our control. Once the documents have been submitted, our fee and any government fees are not refunded, unless the visa was refused because of our mistake.

12. INSURANCE IS REQUIRED

12.1 Each Participant must hold travel insurance valid for the whole Tour that meets the requirements stated in the Tour Description or your Booking Confirmation (for example medical treatment, search and rescue, evacuation and repatriation, and cover for the activities of the Tour). We recommend cancellation cover.

12.2 Each Participant gives us the insurer's name, the policy number and the insurer's emergency telephone number before the Tour when we ask for them.

12.3 We may refuse a Participant who does not hold insurance meeting these requirements by the start of the Tour. This is treated as a cancellation by that Participant under clause 6.

12.4 If you ask us, we can help you obtain a travel insurance policy from an insurance provider. The policy is a contract between you and the insurer. Its cover, limits and exclusions, including any lower limit for helicopter rescue or evacuation, are those in the insurer's policy wording, which we send you or link to with the invoice for the policy. Any description of cover on our website is a summary; the policy wording applies. Decisions on claims are made by the insurer.

13. HEALTH, FITNESS AND INFORMATION BEFORE THE TOUR

13.1 Our Tours can be physically demanding and may take place at altitude and far from medical facilities. Each Participant is responsible for being fit enough for the Tour described in the Tour Description and for taking medical advice where needed.

13.2 Before the Tour we may ask each Participant to complete a pre-tour registration, which may include a health declaration, insurance details and an emergency contact. The information must be complete and true, and each Participant must tell us of any change before the start of the Tour.

13.3 If the information shows that taking part would present a material risk to the Participant or to others, we may decline that Participant's participation after considering his or her individual circumstances. If the Participant told us about the condition before booking and we accepted the booking, and we later decline because of that same condition, we refund all payments for that Participant in full. In any other case clause 6 applies.

13.4 If a Participant does not give us the information we ask for by the date we set, we remind him or her and give at least 7 more days. If it is still not given, we may decline that Participant's participation, and clause 6 applies.

14. RISKS OF OUR TOURS

14.1 Tours in mountain and remote areas involve risks that remain even when a Tour is organised and guided with proper care. Depending on the Tour, they may include altitude sickness (including pulmonary and cerebral oedema), extreme cold, frostbite and hypothermia, sudden changes in the weather, falls, rockfall, avalanches and crevasses, injuries far from medical help, delays in rescue and evacuation, and in rare cases permanent injury or death. The Tour Description explains the risks specific to the Tour.

14.2 By booking, each Participant confirms that he or she has read this information and decides to take part knowing these risks.

14.3 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence or the negligence of anyone for whom we are responsible, for fraud, or for any other liability that cannot be excluded or limited by law.

15. CONDUCT ON THE TOUR

15.1 Each Participant must follow the safety instructions of the Lead Guide and the rules of the places visited, and must not:
(a) put himself or herself or others in danger;
(b) act in a way that seriously disturbs or offends other Participants or local people;
(c) break the law of the country visited; or
(d) use alcohol or drugs in a way that affects safety.

15.2 If a Participant seriously or repeatedly breaks clause 15.1, the Lead Guide may, after a warning where the situation allows, exclude the Participant from an activity or from the rest of the Tour. In that case there is no refund for services not used, and the costs caused by the exclusion are for the Participant to pay.

16. HELP DURING THE TOUR

16.1 If a Participant is in difficulty during the Tour, we give appropriate assistance without undue delay, in particular information on health services, local authorities and consular assistance, help with communications and help in finding alternative arrangements.

16.2 We may charge a reasonable fee for this assistance if the difficulty was caused intentionally or negligently by the Participant. The fee will not be more than the costs we actually incur.

17. OUR RESPONSIBILITY FOR YOUR TOUR

17.1 We are responsible for the proper performance of all the travel services included in the Tour, whether we or our Local Operating Partner and its providers perform them.

17.2 If any service is not performed as agreed, please tell the Lead Guide and the local contact given in your pre-departure information without undue delay, and tell us in writing. This allows us to put things right on the spot. If you do not tell us without undue delay, this may be taken into account in deciding any price reduction or compensation.

17.3 If a service is not performed as agreed, we will put it right unless this is impossible or the cost is disproportionate. If we do not, you may be entitled to a price reduction for the period of the problem and to compensation for any damage you suffer as a result.

17.4 We are not liable to pay compensation where the problem is caused:
(a) by the Participant;
(b) by a third party not connected with the provision of the services included in the Tour, and it was unforeseeable or unavoidable; or
(c) by Unavoidable and Extraordinary Circumstances. A decision under clause 10 is not a failure to perform.

17.5 Except for death or personal injury and for damage caused intentionally or through negligence, the total compensation we pay under this Agreement is limited to three times the total price of the Tour for the Participant concerned. Where an international convention limits the compensation payable by a provider of a service included in the Tour, the same limit applies to us.

17.6 You cannot recover compensation twice for the same loss. If after receiving compensation or a price reduction from us you are paid by another party for the same loss, please tell us. Where the law allows, you agree that we may claim in your name against the party who caused the loss, up to the amount we paid you, and you will give us reasonable help with that claim.

17.7 These terms do not affect your statutory rights as a consumer.

18. COMPLAINTS

18.1 If you have a problem during the Tour, tell the Lead Guide and the local contact straight away so we can try to resolve it on the spot.

18.2 If you are not satisfied after the Tour, please write to info@elbrusclimbing.com, ideally within 28 days after the end of the Tour so that we can investigate while the facts are fresh. This time frame does not reduce your legal rights or the time limits for bringing a claim.

18.3 We acknowledge your complaint within 5 working days and send you our full reply within 28 days.

18.4 If you are unhappy about a payment, please contact us first and we will reply within 14 days. This does not affect any rights you have with your bank or card issuer.

18.5 You are free to share your experience and to post reviews about us.

18.6 We are not bound by any scheme for alternative dispute resolution. If we agree to use one for a particular complaint, we will tell you when we reply to your complaint.

19. YOUR PERSONAL DATA

19.1 We use the personal data of each Participant to perform this Agreement, as described in our Privacy Policy published on our website.

19.2 We share the data needed to perform the Tour with our Local Operating Partner, the guides, accommodation and transport providers, and with authorities where the law of the destination requires registration of groups, permits or visa support. Some of these recipients are outside the United Kingdom; our Privacy Policy explains how the data is protected.

19.3 We use health information only with the explicit consent of the Participant, or where necessary to protect a Participant's life in an emergency, or to deal with a legal claim.

20. PHOTOGRAPHS AND VIDEO

20.1 Our guides may take photographs and video during the Tour. We may use group pictures and pictures of the landscape and activities in which a Participant is not the main subject on our website and in our promotion. A Participant may object at any time by email; we will then stop any new use and remove the pictures from our own channels within 30 days where reasonably possible.

20.2 We use pictures in which a Participant is the main subject, or is named, only with his or her consent, which can be withdrawn at any time.

20.3 We may use photographs, video and records of the Tour to show what services were provided if there is a complaint, a claim or a payment dispute.

21. COMMERCIAL INFORMATION

21.1 Please do not pass on to others commercial information we give you in confidence, such as the prices or terms of our agreements with our partners. This does not limit your right to share your experience, publish reviews and photographs, or use any information to protect your rights.

22. TRANSFER OF YOUR BOOKING TO ANOTHER PERSON

22.1 A Participant may transfer his or her place to another person who meets the conditions of the Tour, by telling us in writing no later than 7 days before the start of the Tour.

22.2 The person transferring and the new Participant are jointly responsible for any unpaid part of the price and for any reasonable extra costs caused by the transfer (for example changes to names on permits or visa documents). We tell you these costs before the transfer and give proof of them.

23. NOTICES

23.1 We send notices to the email address given in the booking. Please tell us if it changes. You send notices to info@elbrusclimbing.com or to our registered office.

23.2 We may use messaging applications for practical communication during preparation and the Tour. Changes to the Agreement and notices under clauses 6 to 9 are always sent by email as well.

24. CHANGES TO THESE TERMS

24.1 We review these terms at least once a year. Each version has a number and an effective date. The version you accepted when you booked applies to your booking. A later version applies to your booking only if you agree to it.

25. LAW AND COURTS

25.1 This Agreement is governed by the law of England and Wales. If you live outside England and Wales, you also keep the protection of the mandatory consumer law of the country where you live.

25.2 You may bring proceedings in the courts of England and Wales, or in the courts of the country where you live where the law allows. If you live in Scotland or Northern Ireland you may also bring proceedings there.

26. GENERAL

26.1 If these terms differ from the Booking Confirmation or the Tour Description on what the Tour includes (itinerary, dates, accommodation, services included and excluded, the price and any special term agreed with you individually), the Booking Confirmation prevails, then the Tour Description. On cancellation charges, the deposit, the Credit Account and refunds, insurance, objectives and safety decisions and the limits of our responsibility, clauses 6, 7, 8, 10, 12 and 17 apply, unless your Booking Confirmation states a different term agreed with you individually.

26.2 If a court decides that any part of this Agreement is invalid, the rest remains in force.

26.3 If we do not insist straight away on something you are required to do, we can still require you to do it later.

26.4 The English text of these terms prevails over any translation, unless the law of the country where you live requires otherwise.

End of the Tour Services Agreement, version 2.0.