Terms and Conditions for Total Heliski
This document sets out the terms and conditions on which Total Heliski (UK Limited Company Number: 07102248) supply any of the services (“Services”) listed on our website www.totalheliski.com to you and any other persons included in your booking (“you”).
Please read these terms and conditions carefully before making a booking from us or paying a deposit to us or to one of our operators. A ‘booking’ means any order for products or services you make with Total Heliski which is accepted by us. Acceptance will be made by Total Heliski (and a contract concluded) when we have received a deposit payment from you along with signed booking forms for every member of the group and you have been sent a confirmation email (from either Total Heliski or the relevant Operator).
Total Heliski acts as a disclosed Agent for third party operators. When you make a booking and your preferred travel product or service is available, the contract will be between the Operator and you. Total Heliski is not a party to the contractual relationship. Any queries or concerns relating to the product should be addressed to the Operator although Total Heliski will provide assistance where it is able to help resolve such query or concern if requested. For the avoidance of doubt, whilst Total Heliski will provide reasonable assistance to resolve any queries or concerns, it is not party to the contractual relationship and ultimately, all decisions will vest with the Operator. Total Heliski will provide you with the contact details for the Operator.
Total Heliski does not assume any responsibility for the travel products and services provided by the Operator and makes no representations or warranties (express or implied) about the suitability or quality of travel products and services. The service we provide to you is a personalized advisory service to help you become aware and well informed of the options and to select one that is suitable to your needs and availability. We rely on the accuracy of the information that you provide us regarding your skiing ability. Total Heliski takes all steps to ensure our content and knowledge is as accurate and up to date as much as possible yet makes no guarantees.
The Operator’s terms and conditions will apply in addition to those set out here. The Operator’s terms and conditions may include provisions relating to payment procedures, default, liability, cancellations, changes of bookings and refunds (if available) and any other restrictions. Please refer to your particular Operator for full details as to the applicable terms and conditions. These will be available on their website or we can provide copies on request.
You must also read, understand and accept the terms of payment, the cancellation policy, refund policy, vertical and other ski guarantee policies, and the policy regarding late arrivals and early departures for this operator.
Booking and Payment
In order to confirm your booking arrangements, we require a deposit at the time of booking; all amounts stated are in local currency unless otherwise stated. Where applicable, rates are subject to change without notice.
You acknowledge and agree that the initial deposit paid for each trip booked is non-refundable immediately upon confirmation of your booking in writing. As such, we highly recommend that you take out travel insurance at this point to insure you against cancellations between now and the time of your tour.
Full payments (less any deposit pre-paid) for all bookings are due and payable as stated within the Operator’s terms and conditions.
You acknowledge by booking and paying a deposit the risks involved in adventure travel of the type involved. These include, but are not limited to, injuries from avalanches, hiking, climbing injuries, hypothermia, altitude sickness, danger from animals, inaccessibility of medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. All suppliers involved directly including ski /mountain guides and pilots, strive to minimize risks involved and to safeguard you, however you must be aware that when undertaking activities in the mountains there is always some degree of inherent risk. We reserve the right to cancel or curtail the participation of any person that we believe is potentially placing themselves or other members of the group at risk or alter the itinerary to ensure the safety of all individuals (i.e. if an individual has overestimated their ski ability).
You acknowledge that Heliski trips are weather dependent and adverse weather such as snowfalls and high winds may result in it being unsafe to Heliski. Whilst alternative arrangements will be arranged if possible, Total Heliski cannot accept liability or pay any compensation where the performance or prompt performance of its contractual obligations are prevented by adverse weather conditions, avalanches and all similar events beyond its control.
Passports, Visas, Immigration and Customs
It is your responsibility to ensure you have appropriate valid passports and visas for your trip. All costs incurred in obtaining such documentation must be paid by you. Check with the appropriate consulate or embassy for the latest visa requirements. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. It is also your responsibility to ensure proper entry through Customs and Immigration.
Medical and Health
It is your responsibility to ensure that any vaccination certificates or health documents required for your trip are in order before departure. It is recommended that you obtain the European Health Insurance Card prior to travel which assists’ in getting emergency treatment in EC countries. You represent that neither you nor anyone travelling with you has any physical or other condition or disability that could create a hazard to you or other members of the trip. We reserve the right to decline to accept anyone on a trip. We reserve the right to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to you or others, or otherwise impact the enjoyment of other passengers on the trip.
You confirm that you have adequate ski or snowboarding capability as specified on the Total Heliski website. I.e. You arean experienced resort skier or snowboarder. You mostly ski/snowboard red/black runs and you ski them with confidence in almost any conditions. You can also maintain control in off-piste conditions. You might also have to adhere to stricter Operator capability levels if specified for certain trips.
Heliski and trip cancellation insurance is highly recommended.
When you book with or through us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the provider of the Services in question. If you or any member of your party fail to do so, you will be responsible for meeting any claims subsequently made against you (together with our own and the other party’s full legal costs) as a result of your actions. We expect you and all members of your party to have consideration for other people. Our leaders, guides and representatives have the responsibility and authority to make decisions affecting the well-being and safety of the whole group and of each individual within the group. If you or any member of your party behave in a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we or the operator are entitled, without prior notice, to ask the person concerned to leave the group and terminate the arrangements of the person(s) concerned. We will have no further responsibility towards this person(s) and no refunds or payments for costs resulting from termination will be made.
Cancellation By Us
We aim to provide your trip as booked. While we will endeavour to avoid changes and cancellations, we reserve the right to cancel your trip, make alterations in the itinerary to accommodation, transportation, ski /mountain guides or arranged activities, as a result of unforeseen circumstances that arise beyond our control. We will advise you of any changes at the earliest opportunity but if a major change does occur, you have the choice of either, accepting the change of arrangements, accepting an offer of a replacement trip from us of equivalent or closely similar standard and price or accepting a full refund of all monies paid. We reserve the right to cancel your trip and provide no refund or payments for costs resulting from termination if you or any member of your group places others at risk (i.e. if an individual has overestimated their ski ability), or behave in a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property.
We or the supplier of the service in question cannot accept liability or pay compensation where the performance of contractual obligations are prevented or affected by or you otherwise suffer any injury, loss, death, inconvenience, additional expenses, delay or damage to personal property as a result of “force majeure”. In these terms and conditions, “force majeure” means any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, travel warnings or bans, quarantine, strikes or other labour activities, disease, animals, natural or nuclear disaster, collapse of building structures, unavoidable technical problems with transport which may result in the failure of the transport, a different mode of transport or may result in transport arriving or departing later than scheduled, adverse weather conditions, acts of god, including but not limited to fire, flood, earthquake, windstorm or other nature disaster and all similar events outside our control.
You accept and understand that you will be required to sign a “Release of Liability and Waiver of Claims” before or upon arrival to the operator, and that you meet the minimum age requirement of 19.
You agree that in no event will Total Heliski be liable for any of the actions of omissions of any Operator (including breach of law) in respect of yourself or any third party. You agree to indemnify, defend and hold Total Heliski, its directors, officers, employees and agents, harmless from and against any and all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys, expert witnesses, and court costs) (together the “Losses”) which result directly or indirectly from your (or any member of your ski party’s) receipt of the services or your involvement with the HeliSki or CatSki Operators. Total HeliSki will in no event be liable for and indirect or consequential loss, loss of profits (whether direct or indirect), goodwill or loss of earnings. In the event that Total Heliski is found liable by a Court of Law it is hereby agreed that the total aggregate liability of Total HeliSki under these terms and conditions is limited to the cost of the trip.
You hereby agree to release Total Heliski and waive any claims whether now in future that you may have against Total Heliski for any loss, damage, expense or injury caused as a result of your booking with the Operator.
All details on our website are checked for accuracy at the time of publication. It may be necessary for reasons beyond our control to alter advertised arrangements both before leaving the UK and once the trip has begun. The itineraries given for each trip must therefore be seen as an indication of what you will achieve and not as a contractual obligation on our part. No refunds will be given if changes for such reasons occur.
Any controversy or claim arising out of or relating in any way to these Terms and Conditions, to the limits on responsibility clause, to the brochure, or any information relating in any way to the trip, or to the trip itself (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms and Conditions, the trip, and any associated documentation, (including non-contractual disputes or claims).
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site www.totalheliski.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Total Heliski, and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Athough we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We do not store credit card details nor do we share customer details with any 3rd parties.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please inform us.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Total Heliski Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Sample Operator Waiver
Here is a sample Operator Waiver.