THE
CONTRACT
Please read the following Travel Policy Terms and
Conditions ("Terms") carefully and sign your name where
indicated below. These Terms will govern your trip with PatagoniaPowder
("PatagoniaPowder" or "The Company"). The individual
signing below will be referred to as "Client" throughout
the Terms. No one has the authority to vary these terms and conditions
on behalf of PatagoniaPowder. Any individual booking a trip offered
through PatagoniaPowder will be required to sign the Terms. The service
to be provided is the tour stated on the reservation form, outlined
in the trip notes, overview and itinerary.
RESERVATION FORM AND NON-REFUNDABLE DEPOSIT
In addition to signing the Term below, the Client will be required
to complete and sign a reservation form and submit to PatagoniaPowder
a $ 200 non-refundable deposit. Upon receiving the complete and signed
reservation form and paid the deposit, Patagonia Powder will provide
a written confirmation of the Client's reservation. Once the Client
has received this confirmation the contract officially comes into
existence. The remaining balance for the trip will be due 60 days
before the trip departure date. If the outstanding balance is not
paid by this time, PatagoniaPowder reserves the right to cancel the
Client's reservation. If a reservation is made less than 60 days prior
to trip departure, the full balance of the trip is due at that time.
CANCELLATION CHARGES
By the Client:
Any cancellation by a Client must be made in writing. The date on
which PatagoniaPowder receives the Client's written cancellation will
determine the charges applicable. The schedule of Cancellation Charges
is as follows:
- If the Client cancels more than sixty (60) days prior to departure,
the Client loses only the $200.00 non-refundable deposit.
- If the Client cancels sixty (60) to fourteen (14) days before departure,
the Client forfeits seventy-five (75%) of the total trip cost.
- If the Client cancels less than fourteen (14) days prior to departure,
the Client will forfeit the entire cost of the trip.
In addition to the above charges, the Client may also be responsible
for any insurance premiums arranged through and paid by PatagoniaPowder.
Patagonia Powder requires all Clients to show written proof of travel
insurance including cancellation insurance within ten (10) days
of making a PatagoniaPowder reservation. If proof of insurance is
not provided, PatagoniaPowder reserves the right to cancel the Client's
reservation.
In the event the Client is prevented from traveling due to serious
illness, injury, death in the immediate family or a similar catastrophe,
PatagoniaPowder will consider allowing the Client to change to another
trip, or allow another individual to take Client's space on the reserved
trip under the same Terms agreed upon by Client. If there were additional
costs incurred as the result of this change, Client would be responsible
for paying them. Any alterations in the originally scheduled trip
will be made in the sole discretion of PatagoniaPowder.
By the company:
PatagoniaPowder reserves the right to cancel a tour for any reason,
but will not cancel a scheduled trip less than sixty (60) days before
departure except for force major, unusual or unforeseen circumstances
outside the Company's control. If a trip is cancelled by PatagoniaPowder,
Client may choose between a full refund of all monies paid and any
alternative trip with open reservation space offered in lieu by PatagoniaPowder.
If the full price for the alternative trip is lower than the trip
originally booked, Client is entitled to a refund of the difference.
PatagoniaPowder will not refund payment for any services not utilized
by the Client.
SERVICES NOT COVERED
Because there are many optional extra activities that become available
during the course of the trip, the Client herein acknowledges that
they are not part of the tour contract. Any assistance given by the
tour leader and accepted by the Client in arranging optional activities
does not render the company liable for such costs. Only those activities
described in the reservation form or other trip description are included
in the trip cost.
FLEXIBILITY
PatagoniaPowder reserves the right to adjust (increase or decrease)
the price of a trip for up to sixty (60) days before a departure due
to changes in exchange rates, increases in air fares or other transportation
costs, taxes, or if government action should require us to do so.
Surcharges will be calculated according to how the full extra cost
compares to the original costs and the exchange rates. In the event
the price adjustments is an increase, PatagoniaPowder will be responsible
for the first 2% of the increase and Client will be responsible for
the balance. If any price increase is greater than 10% of the cost
of the trip, excluding insurance premiums, Client may cancel the reservation
and receive a full refund within fourteen (14) days of notification
of the price increase.
ASSUMPTION OF RISK
Client acknowledges that the nature of the tour is adventurous, physically
demanding, challenging and may involve a significant amount of personal
risk. In addition, political and cultural differences exists in the
areas in which Client will be traveling that may expose Client to
certain risks. By signing these terms, Client assumes and accepts
all the risk and dangers associated with the trip and the possibility
of personal injury, death, property damage or other loss as a result.
Client willingly accepts these risks and releases PatagoniaPowder
from liability even in the event PatagoniaPowder or any of its personnel
are found to de negligent or in breach of any duty of care under the
law.
CHANGES TO ITINERARY
The Client appreciates and acknowledges that the nature of this type
of travel requires considerable flexibility and should allow for alternatives.
The outline itinerary as given for each trip must therefore be taken
as an indication only of what each group may actually accomplish and
not as a contractual obligation on the part of PatagoniaPowder. It
is understood that the route, schedules, itinerary, amenities and
mode of transport may be subject to alteration without prior notice
due to local circumstances or events, which may include sickness or
mechanical break down, flight cancellation, strikes, events occurring
due to political disputes, entry or border difficulties, climate and
other unpredictable or unforeseeable circumstances.
PatagoniaPowder reserves the right to change any of the facilities,
services or prices described in the brochure or web site before a
reservation is made. If such a change is made, the Client will be
told or given written information notifying them of the change prior
to making the reservation. While PatagoniaPowder will make its best
effort to run all tours as advertised, reasonable changes in the itinerary
may be made where deemed appropriate, advisable or necessary. If the
company makes a major change in the trip, the Client will be informed
prior to departure when possible. The definition of a major change
is deemed to be a change affecting at least one day for every five
of the itinerary. When a major change is made prior to departure the
Client has the option of accepting the change of itinerary, booking
a reservation in another trip at equal value, or obtaining a full
refund of all monies paid for the trip. If the major change is made
due to unforeseen circumstances no compensation is payable.
Changes made by the Client must be made sixty (60) days prior to departure.
Any extra costs incurred as a result of the change will be the sole
responsibility of the Client. Note that scheduled airlines may impose
100% cancellation charges. Transfer from one trip to another can only
be made 60 days prior to departure. If such a request is made and
accepted by PatagoniaPowder, then PatagoniaPowder reserves the right
to charge an administration fee of ten percent (10%) of the original
booked reservation.
TRIP GUIDES; LAWS
In order to ensure the safety and welfare of Client while traveling
with PatagoniaPowder, the trip guide’s decisions will be final
on all matters. The Client will at all times comply with the laws
of all countries visited. If the Client fails to comply with any law,
or refuses to comply with the decisions of the trip guide, then the
trip guide may dismiss the Client from the tour with no recourse to
any refund. Furthermore, given the nature of the trips, PatagoniaPowder
requires that Client acknowledge that he or she is in good health
and physical shape at a level appropriate for this form of activity.
Client represents that he or she is intermediate to advanced skier or snowboarder (see tour requirements)
and is capable of participating in all activities without endangering
himself or herself or any other of the Clients or guides of PatagoniaPowder.
CLAIM AND COMPLAINTS
If Client has a complaint against PatagoniaPowder, Client must first
inform the trip guide of the complaint while on tour so that the trip
guide has a chance to rectify the situation. Any further claim or
complaint against the company must be received within thirty (30)
days of the end of the trip.
LIABILITY
All services and arrangements made by PatagoniaPowder on behalf of
Client are made on the sole condition that the organizers, individually,
and PatagoniaPowder, as a company, shall not be held responsible for
any injury, death, accident, delay, loss, damage or irregularity which
may be occasioned through acts of any company and/or persons engaged
in carrying out the arrangements for services described in the reservation
forms, web site, itinerary and or brochure, or otherwise in connection
herewith.
PatagoniaPowder acts as an agent for transport companies, hotels,
and other contractors, and shall not be held liable for any injury,
damage, loss, delay or irregularity that may occur, including, but
not limited to any defect in a vehicle or any other means of transport,
acts of God, detention, delays or expenses arising from quarantine,
strike, theft, civil disturbance, government restriction or regulation,
accident by aircraft, boat, bicycle, any motorized vehicle, skiing
or snowboarding, mountaineering, or any other form of transportation,
activity or sport, or in any guest house, pension, hotel or other form of
accommodation.
The information in the reservation form and overview are correct to
the best of PatagoniaPowder’s knowledge, but we reserve the right
to alter any trip at any time without penalty to the organizer. Any
additional expense or cancellation shall be borne by the customer.
The organizer reserves the right to refuse any service to any customer
at the discretion of the organizer. Payment of the deposit is an acknowledgement
of the above items.
TRAVEL DOCUMENTS
Client agrees to have a valid passport and necessary visas, permits,
certificates of vaccination and any other necessary document for traveling
to the destinations of the trip. PatagoniaPowder does not assume any
responsibility for securing those travel documents necessary for the
trip and said responsibility will be that of the Client. Any advice
or information given by the company on visas, vaccinations, passports,
clothing, climate, baggage, special equipment etc is given in good
faith but without responsibility on the part of the individual or
the company.
INSURANCE
All persons wishing to travel with PatagoniaPowder are responsible
for effecting sufficient personal travel insurance. By signing these
Terms, Client is willing to accept full responsibility for insurance
up to limits that PatagoniaPowder requires. Specifically, PatagoniaPowder
requires that covers personal accident, medical expenses, air ambulance,
loss of effects, repatriation costs, cancellation insurance and all
other expenses which might arise as a result of loss, damage, injury,
delay or inconvenience occurring to the Client. When the Client has
procured insurance through the company, he/she acknowledges that he/she
is satisfied with the level of insurance arranged by PatagoniaPowder,
and that the company is not liable for disputes between the insurance
company and the Client. When procuring insurance outside of PatagoniaPowder,
Client must provide written proof of the insurance ten days after
making the initial reservation with the company and be sure to advise
the insurer of the type of travel to be undertaken.
AIRLINES
The responsibility of the airline is limited to the carriage of passengers
and baggage in accordance to the conditions of carriage. When the
Client has arranged for airfare through the PatagoniaPowder, the company
is not responsible for the carriage of the Clients. Clients acknowledges
that it is their responsibility to arrive on time for departure, Client
acknowledges that these arrangements are made in good faith but are
in no way legally binding.
PHOTOGRAPHIC RELEASE
I hereby agree to permit PatagoniaPowder employees and other guests
to take photographs and make film records of the trip without further
recourse. I understand and agree that such photographs and/or film
records may be used for commercial and/or promotional purposes.
I have
read this document. I understand that is a release of all claims,
which are binding on myself, my heirs, members of my family, personal
representatives, and assigns. I understand that I am assuming all
the risks inherent in international travel, skiing, and snowboarding.
I voluntarily sign my name as evidence of my acceptance of the above
previsions.
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Signature:
Print Name:
Date:
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| (Signature
of participant or Parent or Legal Guardian if participant is under
18 years of age) |
I have
read this document. I understand that is a release of all claims,
which are binding on myself, my heirs, members of my family, personal
representatives, and assigns. I understand that I am assuming all
the risks inherent in international travel, skiing, and snowboarding.
I voluntarily sign my name as evidence of my acceptance of the above
previsions.
|
Signature:
Print Name:
Date:
|
Signature:
Print Name:
Date:
|
| (Signature
of participant or Parent or Legal Guardian if participant is under
18 years of age) |
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