TERMS & CONDITIONS
1.2. Please read these Terms and Conditions carefully, as they set out our respective rights and obligations. In the following terms and conditions ‘you’ and ‘your’ means all Party Members, including anyone who is added or substituted at a later date.
1.3. By paying the Deposit, we are entitled to assume that you have had the opportunity to have read these Terms and Conditions and agree to them on behalf of yourself and all Party Members.
2. DEFINITIONS AND INTERPRETATION
Business Day means a day other than Saturday, Sunday or public holiday in British Columbia, Canada.
Balance has the meaning in clause 12.1.
Booking Confirmation means the confirmation sent to you following receipt of the Deposit.
Deposit means a deposit in an amount equal to 25% of the expected price of the ski adventure set out in the Quotation, or such other amount as may otherwise be specified.
Enquiry Form means the enquiry form on our website.
Itinerary means the itinerary relating to the ski adventure.
Party Leader means the key point of contact for the booking.
Party Members means the party members listed in the Booking Confirmation.
Price means the price of the ski adventure set out in the Booking Confirmation (as may be increased or decreased in accordance with these Terms and Conditions).
Quotation means the quotation provided by us following receipt of a ski adventure enquiry.
Significant Change has the meaning set out in clause 16.5.
Suppliers means third party suppliers.
Terms and Conditions means these terms and conditions as amended from time to time.
In the Terms and Conditions “we”, “us” or “our” means Mabey Ski Ltd. trading as Mabey Ski.
In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date.
All references in these Terms and Conditions to “ski adventure”, “booking”, “contract”, “expedition” or “arrangements” mean such ski adventure arrangements unless otherwise stated.
3. BASIS OF CONTRACT
3.1. This Agreement shall become effective once the Deposit has been paid by you in accordance with clause 7 below.
3.2. We also direct your attention to clause 20 of these Terms and Conditions in relation to insurance.
4. PRODUCTS AND SUPPLIERS
4.1. We are acting as intermediary for products and services that are not directly supplied by us and are provided by different Suppliers (e.g. ground transportation, hotel accommodation, ski guiding, heli-skiing, ski equipment, tours etc.). We are not a co-vendor of such products and services. All bookings are subject to the third-party conditions and regulations of these Suppliers.
4.2. Copies of Supplier’s terms and conditions are available from us on request.
4.3. Supplier’s terms and conditions may limit or exclude liability to you and may be subject to provisions of international conventions. Many Suppliers require a waiver of responsibility to be signed, which may limit some of your rights with regards to those Suppliers.
5. SKI ADVENTURE ENQUIRIES
5.1. To enquire about a ski adventure, please use the Enquiry Form, email or call us to request a Quotation.
6.1. Any Quotation given by us shall not constitute an offer and is only valid for a period of 7 days from the date of its issue.
6.2. Please check the Quotation carefully as soon as you receive it. Contact us immediately if any information on the Quotation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
7.1. When you are happy with the Quotation, contact your designated adventure designer who will send you payment details for payment of the Deposit.
7.2. For certain arrangements the Suppliers concerned require full payment at the time of booking. If this applies to your booking, we shall advise you as soon as we are able to. In these circumstances, we may request full payment at the time of booking and/or request an additional deposit payment after booking.
7.3. Processing your payment of the Deposit is not a guarantee or representation that your requested arrangements will be provided or confirmed. Where you submit your Deposit payment through an electronic link, any acknowledgment of its receipt is not a guarantee that your requested arrangements will be provided.
7.4. By paying the Deposit, the Party Leader warrants that he/she has the authority to accept these Terms and Conditions by all Party Members and/or by their parent or guardian for all Party Members who are under 18 when the booking is made.
7.5. The Party Leader is responsible for all payments due to us and must be at least 18 when the booking is made.
7.6. For the avoidance of doubt, you are not entitled to cancel your booking after payment of the Deposit without paying our normal cancellation charges as set out in clause 15.
8. BOOKING CONFIRMATION
8.1. The nature of the ski adventures we organise means we are often not in a position to confirm every requested element at the time of the enquiry and/or booking and/or payment of the Deposit. Obtaining confirmation of all elements from Suppliers may take two weeks or more.
8.2. In some cases, it may not be possible to confirm all elements as requested and changes and/or alternatives may need to be made.
8.3. Once we reasonably expect the key elements of your ski adventure to be available and have received the Deposit from you, we will issue a Booking Confirmation.
8.4. The Booking Confirmation will be sent to the Party Leader. Please check the Booking Confirmation carefully as soon as you receive it. Contact us immediately if any information on the Booking Confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
8.5. If for any reason we do not expect the key elements of your ski adventure to be available, we will not issue a Booking Confirmation and will advise you accordingly. In these circumstances, we shall refund all monies paid to us, including the Deposit.
8.6. The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline Itinerary as given for each ski adventure must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Mabey Ski. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to weather and local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, a pandemic, entry or border difficulties, climate, or weather and other unpredictable or unforeseeable circumstances.
8.7. We must be informed of any special requests (full bath, double or twin beds, special meals, etc.) when you make your initial ski adventure enquiry, especially if such requests are an important consideration for you confirming the booking. Whilst we will try to confirm your requests before you make your booking, in some cases it may not be possible to guarantee them in advance and any associated costs/supplements will be payable direct to the service provider in the resort. Noting your special request on your Enquiry Form, in any correspondence with us or in any other document is not confirmation that your special request will be met. For your own protection you should obtain confirmation that any special requests will be met (where it is possible to give this) from us in writing. Unless specifically confirmed in writing by us, special requests are not guaranteed and failure to meet them will not be a breach of contract on our part.
8.8. Please note, where we allow you a discount off the price of any of our arrangements, the amount of any discount we offer is entirely at our discretion. We are not obliged to give you a breakdown of the cost to us of any element of the arrangements including any element which the discount relates to.
9. LATE ARRIVALS, DELAY AND DENIED BOARDING
9.1. We cannot accept responsibility if you miss your flight or transfers or other travel arrangements due to late check in, check in queues, delays in connecting transport or due to delays introduced by security procedures. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, you may pursue only the airline for the compensation including for disappointment, distress, inconvenience or effect on any other arrangements, or other payment due to you.
9.2. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
10.1. Accommodation provided is only for the use of the Party Members and subletting, sharing or assignment is prohibited.
11. PRICE / SURCHARGES / REFUNDS
11.1. All prices published in our marketing material and website are for guidance only. We reserve the right to alter or correct errors in any quoted or published prices at any time.
11.2. Our ski adventures are tailored to each client and prices will change depending on dates, the party size as well as the various experiences selected.
11.3. The Price of your ski adventure may be subject to increase or decrease after issuance of your Booking Confirmation including, without limitation, in order to correct errors and/or where necessitated by the applicable terms and conditions of Supplier of the service in question.
11.4. Price increases or decreases after issuing the Booking Confirmation will be passed on by way of a surcharge in respect of which we will issue an additional surcharge invoice or refund.
11.5. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in the Supplier’s and/or our costs, including but not limited to, transportation or accommodation costs, fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports which have been used to calculate the Price of your ski adventure.
11.6. If any surcharge is greater than 10% of the Price of your ski adventure (excluding insurance premiums and any amendment or late booking fees), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment, late booking or other non-refundable fees) or alternatively purchase another ski adventure from us as referred to in clause 16 “Changes and Cancellations by us”.
11.7. You have 10 working days from the issue date printed on the surcharge invoice to tell us if you want to choose option (16.7.2) or (16.7.3) as set out in clause 16. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to choose either option and agree to pay the surcharge. Any surcharge must be paid with the balance of the Price of the ski adventure or within 14 working days of the issue date printed on the surcharge invoice, whichever is the later.
11.8. A refund will only be payable if the decrease in Supplier’s and/or our costs exceeds 2% of the total Price of your ski adventure. Where a refund is due, we will pay you the full amount of the decrease.
12. PAYMENT OF BALANCE
12.1. The balance of the Price (after deduction of the Deposit) (the Balance) and the date for payment of the Balance will be shown on the Booking Confirmation.
12.2. The Balance must be received by us not less than 90 days prior to departure. Bookings made within 90 days of departure require full payment at the time of confirmation.
13. PAYMENT METHODS
13.1. All payments (including the Deposit, Balance and any surcharges) can be made by bank transfer (bank charges to be borne by remitter), credit or debit card. Credit card payments will be subject to a fee.
13.2. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 15 will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you.
14. AMENDMENTS BY YOU
14.1. Should you wish to make any amendments to your ski adventure the Party Leader must notify us as soon as possible in writing. Whilst we will endeavour to assist, we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our Suppliers.
14.2. For any amendment that we can make, you will be required to pay an amendment fee of CA$50 per Party Member.
14.3. If the amendment results in the Price of your ski adventure reducing by more than 10%, this will be deemed a part cancellation and cancellation charges, as defined in clause 15 below, will apply to the cancelled portion of the ski adventure.
14.4. Please note that some accommodation is priced according to the number of Party Members in the booking. If you wish to change the size of your party, the cost per person of the ski adventure for other Party Members may increase significantly.
14.5. Should you decide not to participate in certain parts of your ski adventure, no refunds will be made for those unused parts.
15. CANCELLATION BY YOU
15.1 Cancellations must be notified to us in writing by the Party Leader. Your notice of cancellation will only be effective when we receive it in writing at our offices.
15.2 In all cases of cancellation by you, the Deposit, any late booking or amendment fees and any other items highlighted in your Booking Confirmation as non-refundable, will be non-refundable.
15.3 As we incur costs from the time you make your booking, cancellation charges will be payable as set out below.
15.4 If cancelling less than 90 days before departure, or such longer period as may be specified in the Booking Confirmation, the full Price of your ski adventure will remain due.
15.5 If cancelling 90 days or more before departure, or such other period as may be specified in the Booking Confirmation, the greater of either your Deposit or 25% of the full ski adventure Price will be due.
15.6 If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
15.6.1 All Suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable.
15.6.2 You sign an authorisation to transfer the ski adventure into another name.
15.6.3 The transferee accepts these Terms and Conditions.
15.6.4 The transferee provides us with new travel insurance details.
15.6.5 There are no outstanding amounts owed to us.
15.7 Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our Suppliers as a result together with an amendment fee of C$50 per person must be paid.
16. CHANGES AND CANCELLATIONS BY US
16.1 Occasionally we have to make changes and correct errors both before and after bookings have been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, mistakes, or if the minimum number of bookings required for a particular ski adventure has not been received.
16.2 Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
16.3 We will notify you of any cancellation at the earliest opportunity and, in the case of group arrangements which depend on a minimum number of bookings (which is not achieved), at least 30 days before departure.
16.4 Most changes will be minor (in which case the change will not entitle you to a refund or to change your ski adventure and no compensation will be due) but occasionally we may have to make a Significant Change.
16.5 A Significant Change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a travel agency, we can reasonably expect to have a major effect on your ski adventure.
16.6 A Significant Change may include (i) a change in your destination locality or (ii) a change of accommodation to that of a lower standard.
16.7 If there is time to do so before departure, we will offer you the choice of one of the following options:
16.7.1 accepting the changes (for Significant Changes); or
16.7.2 purchasing alternative arrangements from us, of a similar standard to those originally booked if available; or
16.7.3 cancelling or accepting the cancellation and receiving a full refund of all monies due.
16.8 If the alternative arrangements are cheaper than the original, we will refund the price difference, and if it is more expensive you will be charged for the difference by way of surcharge.
16.9. Very rarely, we may be forced by “force majeure” (see clause 22) to change or terminate your ski adventure after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our Suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
16.10. As you will appreciate, we have no control over the level or condition of snow fall which takes place before you travel or whilst you are away and the existence of or condition of snow fall does not form part of our contractual obligations to you. There is always unfortunately the risk that you may be unable to ski or take part in other snow dependent sports or activities due to poor quality or insufficient snow fall. If this occurs, we regret we will be unable to make any refunds.
17. OUR LIABILITY
17.1. We seek to ensure that the ski adventure arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.
17.2. Without limiting any other provision of these Terms and Conditions, to the fullest extent permitted by law, we shall not be responsible to any Party Member for any injury, illness, death, damage, loss or delay affecting any person not arising from our own negligence or breach.
17.3. Without limiting any other provision of these Terms and Conditions, to the fullest extent permitted by law, we shall not be responsible to any Party Member for any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:
17.3.1. actions or omissions of third parties (including our Suppliers);
17.3.2. acts or omissions of any employees or agents performed outside the course of their employment;
17.3.3. additional services which we have not agreed to provide;
17.3.4. mechanical breakdowns;
17.3.5. a failure of any Party Member to comply with any of his or her obligations hereunder;
17.3.6. a failure by any Party Member to possess, obtain, maintain any relevant travel documentation;
17.3.7. a failure by any Party Member to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and/or meeting places and times;
17.3.8. Force Majeure.
17.4. These Terms and Conditions, and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of British Columbia, Canada which would have applied had those services been provided in British Columbia, Canada. The exception to this is where the claim or complaint concerns the absence of a safety feature that might lead a reasonable Party Member to refuse to take the ski adventure in question.
17.5. In no event shall we be liable for any punitive, special, production profit, revenue loss or damage or loss of or damage to goodwill or reputation, whether direct or indirect. Further, in no event shall we be liable for indirect or consequential loss.
17.6. As set out in these Terms and Conditions, we are entitled to limit our liability in respect of any claims you may make against us. To the fullest extent permitted by law, our maximum liability to any customer for any loss, damage, costs and/or expense shall in no event exceed the amount of the Price (as adjusted by any refunds or surcharges) paid to and received by us.
18. BEHAVIOUR AND DAMAGE
18.1. When you book with us, you accept responsibility for any damage or loss caused by you or any Party Member. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made directly to the accommodation owner or manager or other Supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded.
18.2. You will also be liable for any claims subsequently made against us by any Supplier and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You will be required to pay the Supplier directly in respect of any claim. You agree to indemnify and hold us harmless from and against any costs, losses, or liabilities arising out of your or your group’s actions.
18.3. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of the Supplier, hotel manager, guide, host or any other person in authority, your behaviour or the behaviour of a Party Member is causing or likely to cause danger, damage to property, upset or affecting the enjoyment of others, we are entitled, without prior notice, to terminate the ski adventure of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
19. ACCEPTANCE OF RISK (BY YOU)
19.1. You acknowledge that the nature of travel and snowsports is adventurous and that as such some ski adventures may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the ski adventure may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the Supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
19.2. Should you participate in any hazardous activities (e.g. heli-skiing, backcountry skiing, snow-mobiling, climbing etc.), you do so of your own choice and at your own risk. If participating in any such activity, you should also ensure that the insurance arrangements you have in place cover you in case of accident.
19.3. You agree to indemnify us, our affiliates, Suppliers and employees immediately on demand against all claims, liabilities, damages, costs and expenses (including legal fees) arising out of any breach of these Terms and Conditions.
20.1. It is a condition of booking that you and all Party Members have or arrange adequate travel insurance and that this is valid from the date when this Agreement comes into existence until the ski adventure is completed. You must be fully insured for your ski adventure and must make sure that all of the activities which you will be carrying out are covered under such insurance, protecting against unforeseen circumstances that could otherwise spoil your travels. Cover must include medical expenses and repatriation in the event of accident or illness, and cancellation of your booking. In addition, we strongly recommend that you have cover for personal belongings, delay at your outward or homeward point of departure, personal liability, overseas legal expenses and failure and disruption arising out of our insolvency.
20.2. When obtaining travel insurance, you must ensure that the insurer is aware of the type and destination of travel and the activities which you plan to undertake, especially if the activities are considered hazardous (see clause 19.2).
20.3. Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident.
20.4. If you do not arrange the aforementioned cover, we may, if we choose, refuse your booking or cancel your ski adventure.
20.5. In any event, we will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on ski adventure. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
21. VISAS PASSPORTS AND HEALTH REQUIREMENTS
21.1. It is the Party Leader’s responsibility to ensure that all Party Members are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation.
21.2. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required 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.
21.3. If you have any medical condition or disability which may affect your arrangements, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking.
21.4. Women who are 28 weeks pregnant or more at the time of travel should have a doctor’s certificate confirming they are fit to travel.
22. FORCE MAJEURE
22.1. Except where otherwise expressly stated in these Terms and Conditions, we cannot accept liability where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “Force Majeure”.
22.2. In these Terms and Conditions “Force Majeure” means any event which we or the Supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, but are not limited to, political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), a pandemic, border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God.
23. CLAIMS AND COMPLAINTS
23.1. In the event that you have cause for complaint during your ski adventure you must immediately bring it to the attention of our local representative or an adventure designer in the Mabey Ski Whistler office and to the management of the accommodation or relevant Supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the ski adventure. If you fail to do so you deprive us and our Suppliers of the chance to investigate your complaint and to do our best to rectify it.
23.2. If we are unable to resolve matters whilst you are on your ski adventure and you remain dissatisfied, you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation may be affected or even lost as a result.
23.3. If asked to do so, you must transfer to us or our insurers any rights you have against the Supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or we want to enforce any rights that are transferred. You must provide our insurers and ourselves with all assistance we may reasonably require.
24. LAW AND JURISDICTION
24.1. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with British Columbia law.
24.2. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, must be dealt with by the Courts of British Columbia.
25. PERSONAL INFORMATION AND PRIVACY
25.1. Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those that require this information in the course of providing the services you have booked.
26. ITINERARY AND WEBSITE ACCURACY
26.1. All reasonable care has been taken to ensure that the descriptions, facts or opinions in our Itineraries are accurate at the time of printing. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The layout and furnishing of rooms shown in photographs may change. During the lifespan of our website, advertised facilities, services, schedules, and laws and Suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen ski adventure (including the Price) with us at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or Suppliers’ brochures or promotional material.
27.1. Where you enquire online or otherwise provide us with an e-mail address, we will communicate with you by e-mail. We will e-mail your Quotation, Booking Confirmation and any other documentation which can be sent in this way. You must therefore ensure you check your e-mails on a regular basis and inform us of any change in e-mail address. You should check and save copies of your Booking Confirmation and other documentation on receipt. We may contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent to you by post. References in these Terms and Conditions to “send” and “in writing” include communication by e-mail.
27.2. You may contact us by e-mail for any of the reasons mentioned in these Terms and Conditions (for example, to request an alteration) providing you do so to the e-mail address of your adventure designer or [email protected].
27.3. Our general contact details are as follows:
Tel. No.: +1 (604) 757 0104
Email Address: [email protected]
28. AMENDMENTS TO TERMS AND CONDITIONS
28.1. We reserve the right to change, amend, insert or delete any of these Terms and Conditions from time to time. The latest copy of these Terms and Conditions is maintained and available on our website. Customers are responsible for periodically checking our website to update themselves on the latest Terms and Conditions.