Terms and conditions
If you book a trip through us, pay a deposit and receive a confirmation email we will accept responsibility for it in accordance with Pure Powder terms and conditions. If you book through us but the package has been supplied by another tour operator, your contract will be with that supplier and their terms and conditions will apply. We act as agent only for Canadian Mountain Holidays (CMH) and Powder South Heli-Ski Guides and we accept no responsibility for the provision of services by the principal with whom you contract. A copy of any third party supplier's terms and conditions are available on request.
This document (together with the documents referred to in it) tells you the terms and conditions on which Pure Powder Limited (“we”, “us”) registered in England and Wales with company number 1431655 and whose registered office is at 61 Doneraile Street, London, SW6 6EW, supply any of the services (“Services”) listed on our website www.purepowder.com to you and any other persons included in your booking (“you”).
Please read these terms and conditions carefully before ordering any Services from us or paying a deposit to us in respect of any Services. YOU SHOULD UNDERSTAND THAT BY PAYING A DEPOSIT IN RESPECT OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, which shall be binding on all parties for whom we are paid to provide the Services.
Booking and payment
All bookings are accepted by us subject to booking conditions and website information. All details on our website are checked for accuracy at the time of publication. If we become aware of any material alterations to information which may affect your decision to book with us, we will pass on this information to you at the time of booking.
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 set out below. The initial deposit is generally 20% of the price of your booking but may vary, as notified by us. This deposit is non-transferable except under the following conditions:
- A replacement guest for the same booking (name change) is given to us. It is your responsibility to find any replacement guests. A replacement guest must satisfy all terms and conditions and both you and your replacement guest will accept joint and several liability for full payment of the booking price.
- You must provide us with at least 7 days notice prior to the departure date. Please note that airlines do not always allow name changes and whilst we will use reasonable endeavours to change the details, some airlines treat name changes as a cancellation and charge accordingly. Flight arrangements made by us are subject to the booking conditions of the ATOL holder for whom we act as agents and you will be required to pay all and any additional costs (including those of any airline) in connection with your requested name change.
Full payments (less any deposit pre-paid) for all bookings are due and payable 60 days prior to the trip start date. In cases where these full payments are not received by the due date, we may treat the booking as cancelled by you, retain the deposit paid and apply cancellation charges as set out in the paragraph “CANCELLATION BY YOU”.
Once you have booked and paid your deposit and we have confirmed your requested spaces, we will issue you with a confirmation email. Please check the details of this confirmation email carefully. It is your responsibility to ensure the accuracy of all personal details provided. We will not be held liable for any inaccurate information not notified to us within 5 days of the date the email was sent. On receipt of the confirmation email from us, a legally binding contract is entered into between us for the booking.
Prices are based on current rates of exchange, transportation costs, tariffs and taxes. We guarantee that up until 30 days before your departure date the price of your trip will not be subject to any surcharges except to cover any increase in transportation costs, tariffs and taxes, and to reflect fluctuations in foreign exchange markets. Should such price variations be downward then the price of your trip will be accordingly reduced and any refund due paid to you. If the price of your trip increases we will absorb, and you will not be charged for, any increase equal to up to 2% on your trip price. You will only have to pay the amount over and above that 2% of the trip price.
Cancellation by you
You or any member of your party may cancel your booking at any time. Cancellation must be received by telephone and confirmed in writing by post, fax or email at 61 Doneraile Street, London, SW6 6EW, Fax +44 (0)20 7384 2592, email@example.com. Such cancellation is effective from 2 days after the date it is posted or if sent by email on the day it was sent or if sent by fax on the day the transmission was completed. If cancellation is received by us less than 60 days before the date of trip commencement and you can find a replacement for the trip booked, any and all deposits will be transferred to your replacement. IF CANCELLATION IS RECEIVED BY US LESS THAN 60 DAYS BEFORE THE DATE OF THE TRIP COMMENCEMENT AND YOU CANNOT FIND A REPLACEMENT FOR THE TRIP BOOKED, THEN THE FOLLOWING CANCELLATION CHARGES WILL BE APPLICABLE:
|Period before departure within which written notification of cancellation is received by us||Cancellation charge per person|
|More than 60 days||Loss of deposit|
|60 – 31 days||50% of trip|
|30 days or less||100% of trip|
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. A major change includes the following changes when made before departure: a change of accommodation to that of a lower rating or standard, a change of resort (such as from Klosters to Davos), an alteration to your scheduled departure time of twelve hours or more, a change of UK departure point to one which is more inconvenient for you (excluding a change of London Airports). 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 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 minimise 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).
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.
Travel insurance is essential and it is a condition of booking that you and all members of your party must have in place, adequate personal travel insurance including comprehensive winter sports coverage which must include cover for off-piste skiing (accompanied by a guide) and coverage for heli-skiing (if applicable to your trip). It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. No liability will be accepted for anyone travelling without adequate travel insurance.
It is your responsibility to inform yourself about the most current travel advisories and warnings by referring to The Foreign and Commonwealth travel unit at www.fco.gov.uk. You assume all risk of personal injury, death or property damage that may arise out of the events advised or warned against.
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 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.
If you have any special requests, they should be clearly stated at the time of booking. We will endeavour to forward any reasonable requests to the relevant supplier of the Services. However, we cannot guarantee that any special requests will be met and failure to provide such requests will not be deemed a breach of contract by us.
We will not accept any responsibility for mistakes or errors in airfare bookings made by independent third parties. Your final confirmation of booking letter will have detailed trip information, it is your responsibility and each member of your party’s responsibility to ensure the correct arrival and departure flight information from the trip start and end locations. Should you cancel or change your air reservation before or after your departure, airline cancellation penalties may apply. Please note that airlines concerned are not to be held responsible for any act, omission or event during the time passengers are not on board their planes or conveyances.
Conditions of Carriage
If your booking involves transport on an aircraft, road vehicle, train or ship you will be subject to the conditions of carriage of that supplier, some of which limits or excludes liability. A copy of the conditions applicable to your journey is available for inspection at the office of the carrier concerned and form part of the terms and conditions of this booking.
It is your responsibility to ensure that you check and comply with the carriers baggage allowance requirements. We will accept no liability for costs incurred due to excess baggage. Any claims for missing or damaged baggage must be made by following the rules on the back of your ticket or contained within the conditions of carriage. Please note time limits apply within which to notify and make a claim. We will not accept liability for missing or damaged baggage.
Hotel and Resort Standards
It is the responsibility of our suppliers to ensure that reasonable steps are carried out to ensure that appropriate standards of accommodation are met. You must be aware that it is the requirements and standards of the country in which any services are provided which apply to those services and not those of the UK. Generally, these requirements and standards will not be the same as the UK and may in some cases be lower.
Limits on reponsibility
We, our employees, officers, directors, successors, agents and assigns, do not own or operate any entity which is to or does provide goods or services for your trip. We purchase transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling, ski /mountain guides and other services from various independent suppliers. All such persons and entities are independent contractors. As a result we are not liable for any negligent or wilful act of any such person or entity or of any third person.
We act solely as agents with respect to all transportation, hotel and other trip arrangements. In that capacity, we exercise all reasonable care possible to ensure the traveller’s safety and satisfaction, but we neither assume nor bear any responsibility or liability for any injury, death, damage, loss, accident, delay, or irregularity arising in connection with the services of any airplane, train, ship, automobile, motor coach, carriage, or other conveyance, or the actions of any third-party involved in carrying the traveller or in affecting these trips, including without limitation, any heli-ski trips and the activities associated with such trips. The terms and conditions of the supplier will apply to your contract.
Conditions of Suppliers
Suppliers provide their Services in accordance with their own terms and conditions and some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions should be sought directly from the relevant supplier.
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the trip you purchased and paid for and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your booking is accepted by us.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Photography and marketing
We reserve the right to take photographic or film records of any of our trips and you hereby agree that we may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom we may engage in joint marketing, without any remuneration to you. You hereby assign all right, title, and interest you may have in or to any and all media in which your name or likeness might be used by us.
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.
To comply with the Data Protection Act we would like to advise you that in order to provide you with the products or Services you require, the personal information you supply to us will be passed to relevant trusted suppliers. This may involve sending your details to countries that do not have equivalent privacy legislation to that of the UK. By making a booking with us, you indicate your consent to this use of the personal data submitted to us.
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).