Terms and Conditions

Terms and Conditions

1. Scope:

The following General Travel Terms and Conditions are an integral part of the contract between the travel participant and the tour operator Guidemonterosa S.R.L., based in 11020 Tschaval AO, Italien (hereinafter also referred to as Guidemonterosa). Subject to deviating written agreements, the reciprocal rights and obligations of the contracting parties are governed by these Terms and Conditions. The terms and conditions expressly do not apply to the following services: (1) all “flight-only bookings” mediated and booked by Guidemonterosa are subject to the travel terms and conditions of the respective travel agencies or airlines. (2) In case of travels and events not planned, organized and carried out by Guidemonterosa, Guidemonterosa shall act exclusively as an intermediary for third-party services. In this case, the respective travel, payment, cancellation, carriage, liability and terms and conditions of the respective organizers shall apply without restriction.

2. Conclusion of the contract:

With your application that can be made in writing, by mail using a registration card or form, by fax or by e-mail via the registration form on our website (www.heli-guides.com), the customer makes Guidemonterosa the binding conclusion of a travel contract. In case of registration for several participants and providing that the applicant expressly and precisely states it, the applicant shall be liable together with these participants for their contractual obligations as well as for his/her own. With the acceptance by Guidemonterosa, the contract is considered to be concluded. The customer receives a written travel confirmation including the corresponding travel documents with – or immediately after – the conclusion of the contract, if he/she has not received this information in advance. We highly recommend reading the following terms and conditions carefully. Since the number of participants for our travels are limited, we recommend an early booking.

3. Terms of payment:

Upon conclusion of the contract (i.e. Guidemonterosa accepts the customer registration and confirms it by means of a booking confirmation and invoice – subject to price adjustments), a deposit of 25% of the advertised travel price per participant shall be paid to Guidemonterosa. The remaining payment is due no later than 28 days before the start of the trip. Air tickets are due and to be paid immediately. In the event of non-payment, Guidemonterosa is not obliged to hand over the travel documents, can withdraw from the travel contract and claim a compensation for non-fulfillment from the travel participant.

4. Service or price changes:

(1) The presentation of Guidemonterosa services on our websites and in print media corresponds to the state known to us at the time of publishing respectively printing and does not constitute a binding offer from our side. Guidemonterosa reserves the right to make changes to offers, prices and dates. The advertised prices are per person and include the services specified in the programs. In exceptional cases, we reserve us the right to increase the agreed travel price. Price changes may result from the subsequent increase in transport costs, newly introduced or increased statutory charges or fees, or exchange rate changes. If the agreed price has to be changed for the above reasons, the travel participant will be informed and has the right to withdraw from the contract free of charge within 5 days of receipt of the notification. In this case, already performed payments will be refunded.

(2) Our flight licenses for heliski operations in various areas of the Alps are subject to official approval at intervals of several years. In the event that we are barred from flying in an area at the time of travel, we reserve the right to provide comparable heliski services in neighboring flight areas at equal terms. In this case, the participants shall be informed prior to the start of the trip and can object within 7 days of notification of the performance adjustment, whereby Guidemonterosa will refund the unused flight services in accordance with point 7 of this document. Any other travel services (hotel, mountain guide, etc.) remain unaffected.

(3) In the interest of the travel participant, the tour operator reserves the right to change the programs or individual agreed services, to whom unforeseen circumstances and/or the situation in the country of travel this require. In the event of program changes prior to the start of the trip, the travel participant will be informed immediately of the change.

5. Travel cancellation or changes:

(1) The travel participant may withdraw at any time prior to the start of the tours, course, guided tour or travel. The withdrawal or amendment must be communicated in writing. In the event of withdrawal, Guidemonterosa may invoice a percentage compensation (listed below) based on the total price in place of the actual cancellation compensation. If Guidemonterosa is partially or completely exempted from third party claims (e.g. hotels, international agency costs, ski passes, airline tickets or the like), then this amount will be deducted from the travel price on which the compensation for Guidemonterosa is calculated.

(2) In case of customer withdrawal up to 120 days before the start of the event, 10% of the advertised price will be charged as a cancellation and handling fee. In the event of a later withdrawal, the following compensations will be due:
– 30% of the travel price up to 60 days before departure;
– 50% of the travel price up to 45 days before departure;
– 75% of the travel price up to 15 days before departure;
– 100% of the travel price from the 14th day before departure.
The effective date is the date of receipt of the written cancellation.

(3) If the destination is affected by a pandemic (e.g. COVID-19) at the time of departure and governments in the country of departure or destination impose a travel ban or travel warning, both parties may initiate a cancellation with a full refund of the travel price. If no deadlines for the travel restrictions are known, cancellation is possible earliest 14 days before the start of the trip.

(4) Until the start of the trip, the customer may ask for another person to take part in his/her place if they meet the travel requirements and do not conflict with legal regulations or orders. The substitute shall be prepared to take over the travel arrangement under the agreed upon conditions.
The substitute and the travel participant are jointly liable for the payment of the travel price, as well as for any additional costs arising from the substitution.

(5) If a travel participant ends the trip earlier, no refund will be made for non-used services. The additional flight and travel costs shall be carried by the other travelers or participants.

(6) If Guidemonterosa arranges a package holiday, a charter or a scheduled flight, the cancellation fees of the respective tour operator and airline must be applied with the addition of a handling fee, which Guidemonterosa shall of course make available to you on request. The claim for indemnity may be up to 100% of the flight costs. Flight bookings made by the travel participant independently are not the responsibility of the tour operator.

6. Contract termination by Guidemonterosa:

(1) If the organization of a trip/event/arrangement is cancelled by the organizer or not carried out very shortly before departure due to e.g. bad conditions, war, riots, epidemics, flight problems, strikes, sovereign orders, security reasons of any kind, etc., the participant is entitled to a refund of the amount paid. Should these changes occur before departure, we reserve the right to charge any additional costs such as concluded insurances, visa costs, etc. Further claims are excluded. In the event of cancellation by the organizer, the airline’s terms and conditions apply and no compensation will be recognized for booked flights.

(2) If the minimum number of participants per tour/travel is not fulfilled, the organizer is entitled to cancel the trip no later than 10 days before its start. Cancellation may be done by telephone, in writing or verbally and applies in particular to so-called OPEN GROUP bookings. Any amount paid will be refunded immediately and in full. Further claims are excluded. If Guidemonterosa exercise the right of withdrawal, but the customer wish to carry out the tour, guided tour or travel, this represents a new offer and the customer will receive the newly calculated price from Guidemonterosa. If the customer agrees to the new offer, a new contract will be concluded on the basis of which the tour, course, guided tour or travel will be carried out.

7. Failure of the flight operation & refunds:

Should the flight operation fail due to reasons such as wind, bad weather, avalanche danger or technical problems and therefore, the guaranteed flight services can’t be delivered, the travel participant is entitled to a refund of the unused flight services equal to the value of the applicable conditions. The conditions for the amount of the refund (per flight, unused altitude meter or flight hours) can be found in the travel description of your booking. There is no refund due to illness, accident, lack of fitness, insufficient skiing skills, late arrival and breaks during the ski day. Unless Guidemonterosa receive a communication otherwise, we will issue the customer a voucher for the amount of the credit, which the customer can use in subsequent years. At the explicit request and after notification of the customer’s bank details, the credit is alternatively refunded. Further refunds are excluded. Booked mountain guide services are detached from the flight services and non-refundable.

8. Passport, Visa, Vaccinations, Customs:

Each participant is solely responsible for full compliance with the required passport, visa, customs, foreign exchange and health regulations. Guidemonterosa can procure visa against a charge. In order for the travel documents to be properly issued, the traveler must provide personal data in accordance to the information in his/her passport at the time of booking. If provided customer data do not match those in the passport, this may in a worst case in a country refusal of entry and forced repatriation, the costs of which are to be carried by the traveler. If travel documents have to be reissued because the information in the application does not correspond to the passport data, the additional costs shall be carried by the person making the booking. All disadvantages resulting from non-compliance with these regulations shall also be at the expense of the relevant participant.

9. Participation, Liability, Insurance:

(1) The heliski, freeride, ski touring and international trips offered by Guidemonterosa can be attended by anyone who is healthy, able to meet the requirements described in our travel descriptions, as well as equipped accordingly. Travelling to foreign countries requires participants to adapt to foreign customs and traditions. The tour guide or representative of Guidemonterosa is entitled to exclude at the beginning or during the trip from the event or tour program, in whole or in part, a participant who clearly does not meet these requirements. Return travel costs etc. shall be carried by the excluded participant and the paid travel price will not be refunded.

(2) Guidemonterosa expressly points out that freeriding or skiing away from secured and marked slopes bares a higher risk. Customers participate to the booked arrangements and activities at their own risk. Guidemonterosa and the appointed manager assume no liability in the event of an accident, loss or damage to the equipment and effects. Guidemonterosa shall also not be liable for any tort, omissions or gross negligence of the vicarious agents, unforeseeable defects, damage, loss, accidents, in particular mountain, ski and/or snowboard accidents. Guidemonterosa cannot guarantee that the event will be exactly as the advertised program, as this depends primarily on weather, snow, avalanche conditions and personal skills and performance. It is reserved to the person guiding the tour to modify the planned event according to the level of the participants, according to their technical and conditional conditions or due to unforeseeable circumstances. Guidemonterosa acts only as an intermediary for the services of third parties such as hotel, ski lifts, cable cars, helicopter companies, airlines and other transport companies, etc. and is not liable for the quality, compliance with safety precautions, flight times, connections etc. Our programs are not issued or performed on behalf of an air carrier and carries no obligation by any mean in regards to the organization of the travel. The liability of the airline is regulated by the relevant laws and conditions. Excluded from liability, which we, Guidemonterosa, are not responsible for, are damages, defects or program changes resulting from events of force majeure such as war, riots, epidemics, flight problems, accidents, failures of means of transport, delays, strike, public orders, etc. The participant undertakes all activities non included in the arrangement at his own risk and without liability to Guidemonterosa. Liability towards Guidemonterosa is generally limited to the amount of the travel price. Further claims and request for compensation are excluded. Guidemonterosa is not liable for wasted holiday time, missed holiday pleasures, frustration damage, etc.

(3) The travel price does not include any insurance. It is expressly the responsibility of the travel participant to insure himself/herself from all arising risks and to verify that the coverage is guaranteed worldwide. The conclusion of a travel cancellation insurance, an international travel health insurance, an emergency and travel accident insurance are strongly recommended.

(4) Despite the best possible travel planning, the return journey may be delayed for reasons that are unpredictable to Guidemonterosa or due to unpreventable events. Therefore, on the day of return and for travel to other continents, also for the following day, the customer should not commit to obligations which may have serious consequences in case of failure to comply.

10. Claims and complaints:

If grounds for complaint arise during the trip, the travel participant must immediately report this to the Guidemonterosa representative. The latter will endeavor to amend the shortcomings as soon as possible. Shall this not be possible, legitimate claims for compensation must be addressed in writing to the tour operator no later than 10 days after trip ending.

11. Vouchers:

Gift vouchers issued by Guidemonterosa can be redeemed against all services offered by Guidemonterosa, unless they have been issued for a specific service. A cash payback, even partially, is not possible. The vouchers are valid five years from the date of issue. The value of the vouchers does not bear any interest. Personal gift vouchers cannot be transferred to another person without the written consent of Guidemonterosa. Gift vouchers are usually sent within two business days from payment receipt. Guidemonterosa reserves the right to modify the gift vouchers regulation at any time. The General Travel Terms and Conditions apply both to the purchase of a voucher as to the redemption of a voucher.

12. Final provisions:

(1) Repair costs for rented equipment which was damaged by the participant over normal wear and tear, are to be carried by the participant. Lost material must be replaced by the participant. When our ABS backpacks are to be used, the following applies: accidental triggers will be charged to the participant. Guidemonterosa cannot be held liable for accidents occurred to the participant while using our rental equipment (skis, bindings, etc.).

(2)The organizer is Guidemonterosa S.R.L., SR43, 5, 11020 Tschaval AO, Italy; Tel.: +39 0125/366019, E-Mail: info@guidemonterosa.com. We prepare all journeys conscientiously and accurately. However, we cannot guarantee summit success or subjectively defined travel success.
(3) Guidemonterosa is a member of the FAIR – Travel Warranty Fund and guarantees the assurance of the amounts paid against the booking of a package holiday as well as the return trip. Detailed information can be provided by the booking office or visiting www.fair-reisegarant.ch.

(4) The relationship between the customer/participant and Guidemonterosa is exclusively governed by italian law. The place of jurisdiction is Localiià Tschaval 5, IT-11020 Gressoney-La Trinité, (AO) Valle d’Aosta.

Date: 21. September 2020