General Provisions
1.Quality and Safety
1.1 Safety and supervision are ensured by mountain guides and apprentice-guides, who are qualified and are IFMGA members, as well as by qualified mountain leaders. They have the necessary competence and experience to safely conduct courses and tours.
1.2 Safety and the success of courses and tours is our first priority. Therefore, the ratio of participants to guide is determined by taking into account the level and the objectives of the course or tour.
1.3 All fees are clearly specified so that the participant knows exactly what is included in the price and what is not.
2. Conditions Relating to Participation
2.1 Being healthy and in good physical condition are essential for the participant's safety and the success of the event. The mountain guide takes for granted that the participant is adequately prepared for the event (necessary courses, physical training).
2.2 The participant who does not have the necessary physical and technical capabilities thus has to meet the related supplementary fees. The mountain guide can also exclude, before or during the event, a participant who does not fulfil the required conditions.
3. Equipment
3.1 Each participant receives a detailed list of equipment. However, the participant is personally responsible for his personal equipment.
3.2 The essential equipment for the group (rope, medical kit, etc.) is put at the clients' disposal by the mountain guide according to the provisions of the program.
4. Conduct
4.1 Each participant must abide by the pieces of advice and rules enunciated by the guide.
4.2 The group is led by a IFMGA mountain guide. Decisions made and instructions given by the mountain guide or the mountain leader during the event are in the group's best interest and must be strictly followed.
4.3 The guide cannot be held responsible for incidents, accidents and physical injury that may result from a participant's careless personal initiative. If a participant refuses to comply with the mountain guide's decisions, he can be excluded. The excluded participant must and is responsible for returning home, as soon as reasonably possible and according to circumstances, and at his own expense. In case of exclusion for the above-mentioned reasons, the full price ought to be paid by the participant, there will thus be no refund.
5. Event's Interruption
5.1 If the mountain guide hired for the event becomes unavailable before the event begins, the guide tries to find a substitute if possible or cancels the event.
5.2 If the mountain guide becomes unavailable during the event (accident, illness), participants choose a new guide within their group and immediately contact BeMountain.
5.3 In the case of a client prematurely interrupting his participation in an event, there will be no refund.
5.4 In the case of an event interrupted by the mountain guide, the participant will be reimbursed for the portion of the event (overnight stays, food, guides, etc) posterior to the interruption.
6. Duty of the Participant Within the Group
6.1 The participant commits himself to act with gratitude, respect, mutual aid and good-companionship, which are essential conditions for a successful event.
6.2 The participant commits himself to take into account the rights, habits and customs of host countries, as well as to protect the environment.
6.3 In case of accident, the participant commits himself, for the protection of the group's members, to not release publicly - without the mountain guide or BeMountain explicitly authorising it - information on the expedition, the trip or the tour as well as on the circumstances of the accident and the different participants, and to make sure that personal information, reports, letters, etc are not published by the addressee.
7. Insurance
7.1 It is mandatory to take out an insurance that covers cancellation fees. This type of insurance is not included in the price to avoid paying twice for the same type of insurance. The insurance policy contains details on the coverage's conditions and extent.
7.2 Each participant must have full insurance coverage in case of accident and illness, incl. coverage for rescue fees (in mountain settings), repatriation, and theft. Remark: membership in Swiss REGA confers no right to being rescued.
8. Registration and Payment Conditions
8.1 Registration for tours, trips, and expeditions is done according to the following conditions.
8.2 The participant confirms with his registration that he fulfils the required conditions to partake and that he has carefully read the list of general conditions. The mountain guide has the right to exclude anyone who does not fulfil the conditions relating to participation.
9. Prices
9.1 The participant confirms that he has read the information related to the event that he has chosen, using the program posted on the BeMountain web site or a copy previously provided by the mountain guide. The program specifies what is included in the price and what is not. Generally speaking, beverages and personal equipment are never included in the price.
9.2 Prices may increase notably in the following situations: increase in the transportation fees charged by airlines or other transportation companies, duty tax increase, changes related to exchange rates.
9.3 If the number of participants is lower than the required level stated in the program, the mountain guide can cancel the event or go ahead with it despite the smaller number of participants. Participants will be informed of any cancellation at least 21 days prior to the planned departure date. If the event takes place despite the smaller number of participants, the mountain guide will determine how much more each client will have to pay to take part. If the mountain guide cancels the event, the participant will get a refund for any deposit paid. In such a case, the participant can also choose to take part in another event organised by the mountain guide. If this is the case, any deposit will be used to pay for this other event. Any other complaint is void.
10. Responsibility
10.1 The mountain guide is responsible within the framework of the general conditions and legal provisions. However, in the event of damage other than personal damage, the mountain guide's responsibility is limited to reimbursing at most twice the amount paid (except for intentional damage). Are reserved the international agreements and national laws including other limitations or exclusions of responsibilities.
10.2 The mountain guide's responsibility begins when he effectively takes charge of the client at the agreed meeting place (physical contact between the guide and the participant). The guide's responsibility ends when he parts from the client at the latter's place of departure.
10.3 The guide is not responsible for the loss or damaging of the participant's valuables, such as photo or video cameras, means of telecommunication, cash, credit cards, etc.
10.4 Given the athletic nature of the proposed events and the wild setting in which they take place (mountains, etc.) the mountain guide is not responsible for any harm caused by an eventual change in the planned dates, schedule, or route, particularly if these modifications occur as a result of unexpected circumstances involving the participant's safety. | 10.5 BeMountain.com posts the mountain guide's programs until registration time. BeMountain.com does not make any financial transactions relating to programs and services being offered by member guides. The financial transaction related to registration and participation in a program solely involves the mountain guide and the client. BeMountain accepts no responsibility regarding the content of the programs and services posted. Moreover, BeMountain is not responsible in any way for any direct or indirect harm related to a transaction, offers, or the realisation of the suggested programs. The member mountain guide is entirely responsible for the content and realisation of his program.
11. Medical Care, Vaccination
11.1 It is entirely the participant's responsibility to get the proper vaccines and to undergo eventual medical exams prior to the event.
11.2 The mountain guide indicates to participants, for information only, the necessary medical formalities for the tour, expedition or trip. The mountain guide has a first-aid kit.
11.3 It is the participant's responsibility to bring with him the drugs he may need and in sufficient quantity.
12. Visas, Passports and Tariffs
By registering, the participant commits himself to respect customs and entry regulations in the countries in question, as well as to have a valid passport.
13. Changes to the Program
13.1 The mountain guide has the right to modify the program and its fees before the contract is concluded. These changes will be communicated when the client registers. There can also be changes to the program between registration time and the beginning of the program. The mountain guide informs participants as soon as possible about the changes and their impact on the price. During the event, the mountain guide is the sole judge when it comes to modifying the program. Such changes can be necessary because of factors related to meteorological and mountain conditions, the participant's physical condition, technical capabilities, and safety. The participant is aware that such modifications can occur during any mountain tour. In a situation like this, the mountain guide is authorised to suggest a different route or another area; in so doing, the obligations of the contract are entirely fulfilled, the participant has to meet any supplementary expense.
13.2 There is no guarantee that the ascent of the summits chosen will be completed.
14. Complaints
Any complaint must be made to BeMountain in writing within 30 days after the end of the event.
15. Legal Issues and Jurisdiction
Swiss law applies. Any lawsuit against mountain guides has to filed in the country where they are based.
16. Special Conditions Concerning Tours, Routes and Education
16.1 Tours, Routes and Education are called "Tour", "Route" or "Education" in the mountain guide's program. In addition of the general provisions, the following special conditions apply:
16.2 Any registration must be made using the online registration form posted on the BeMountain web site or sent in writing to the mountain guide's mailing address, accompanied by a 30 % deposit on top of the eventual cancellation insurance. With the payment of the deposit, the participant's registration becomes official. The registration and the general conditions form the content of the contract between the participant and the mountain guide. After registering (on the internet or in writing), the participant receives a confirmation letter or email with a first bill (30 % deposit) on top of the eventual cancellation insurance. Even after receiving the deposit, the reservation is only possible if there is still place available. When a client is accepted, the mountain guide will send him a bill, that also confirms the reservation, and the balance must be paid no later than 21 days prior to departure. If a client registers less than 21 days prior to departure, the full price must be paid with the reservation request. If the payment is not made in time, the guide can cancel the contract and demand cancellation fees (see below).
16.3 The guides' remuneration is based on the official rates of the national guide associations. According to the SA rate (Special Agreement), the guide can set his own fee.
16.4 When official rates for tours do not include tax, there will be a special arrangement, prior to the tour, between the client and the guide on the basis of a rate of CHF 450.- / Euro 290.- per day. As for the fee, it is based on the rate of the relevant tour. When many summits, not mentioned in the general rate, are climbed during the same day, the guide will set the fee with his client before the tour, according to the rate framework previously stated.
16.5 The guide hired by more than two people gets, for each additional person, a 10 % bonus (for rate-based tours) up to a maximum of 50 %. It is the guide's responsibility to limit the number of participants for safety reasons.
16.6 When a guide is hired for more than three days, instead of the regular tour's rate, a daily allowance can be agreed upon, whereas the guide will receive the daily rate plus 30 % of the summit rate, as long as it does not exceed the regular rate for the summit.
16.7 As for ascents in huts or hotels, as long as they are done with the clients, the rate is agreed upon with the guide - the maximum being the daily rate. When the guide and the participant have agreed to meet at the hut or hotel, the participant is entirely responsible for getting there and back.
16.8 The client must pay for any expense during the tour, such as overnight stays - in huts or hotels - food, and transportation. Unless stated otherwise in the program, fees for insurance, equipment, accommodation, board, beverages, transportation, and ski lifts are not included in the price.
16.9 The allowance for any day of rest or wait - because of the client's wishes or weather conditions - is at least the daily rate. If the scheduled tour cannot be realised after the overnight stay in the hut, because of meteorological reasons, the guide gets at least the daily rate.
16.10 When the guide, after fulfilling his commitment, has to take an extra day to return home, he gets a daily allowance according to the rate and his travel expenses.
16.11 Apprentice-guides charge 75 % of the guides' fee.
16.12 Any participant who wants to cancel prior to departure must send a registered letter to the guide. The date at which the mountain guide receives the cancellation is the determining factor when it comes to setting the cancellation fee. (for Saturday, Sunday and statutory holidays, the next business day is the determining factor). In case of cancellation, 31 days or more prior to departure, the participant will get a refund for the amount paid minus a withdrawal sum of CHF 70 or Euro 45 per person. Less than 31 days prior to departure, the following cancellation fees will apply: - 60 to 31 days: 25 % of the contract price - 31 to 11 days: 50 % of the contract price - less than 10 days: 100 % of the contract price
The insurance is not refundable. If it becomes impossible for a client to take part in an event, he can be replaced by another person as long as this other person fulfils the same conditions and that the guide has not made any reservation in the name of the client. The participant must inform the guide 7 to 15 days prior to departure, using a registered letter.
| 17. Special Conditions Concerning Trips
17.1 Events that are not defined in the mountain guide's program as a "tour", "training" or "expedition" are trips. In addition of the general provisions, the following special conditions apply:
17.2 During the trip, the mountain guide is there to lead the whole group and, only in exceptional cases, to lead individual participants.
17.3 Unless stated otherwise in the program, the price includes accommodation in a hotel room or mountain hut, in a multiple-bed room or dormitory with half-board, the guide's fees and expenses, and the plane ticket. Personal equipment, beverages, additional snacks and eventual supplementary transportation expenses ought to be paid by the participant.
17.4 Any registration must be made using the online registration form posted on the BeMountain web site or sent in writing to the mountain guide's mailing address, accompanied by a 30 % deposit on top of the eventual cancellation insurance. With the payment of the deposit, the participant's registration becomes official. The registration and the general conditions form the content of the contract between the participant and the mountain guide. After registering (on the internet or in writing), the participant receives a confirmation letter or email with a first bill (30 % deposit) on top of the eventual cancellation insurance. Even after receiving the deposit the reservation is only possible if there is still place available. When a client is accepted, the mountain guide will send him a bill, that also confirms the reservation, and the balance must be paid no later than 30 days prior to departure. If a client registers less than 30 days prior to departure, the full price must be paid with the reservation request. If the payment is not made in time, the guide can cancel the contract and demand cancellation fees (see below).
17.4 Any participant who wants to cancel prior to departure must send a registered letter to the guide. The date at which the mountain guide receives the cancellation is the determining factor when it comes to setting the cancellation fee. (for Saturday, Sunday and statutory holidays, the next business day is the determining factor). In case of cancellation 92 days or more prior to departure, the participant will get a refund for the amount paid minus a withdrawal sum of CHF 70 or Euro 45 per person. Less than 92 days prior to departure, the following cancellation fees will apply: - 92 to 62 days: 10 % of the contract price - 61 to 31 days: 50 % of the contract price - 30 to 15 days: 80 % of the contract price - 14 to 8 days: 90 % of the contract price - less than 8 days: 100 % of the contract price
The insurance is not refundable. If it becomes impossible for a client to take part in an event, he can be replaced by another person as long as this other person fulfils the same conditions and that the guide has not made any reservation in the name of the client. The participant must inform the guide 7 to 15 days prior to departure, using a registered letter.
18. Special Conditions Concerning Expeditions
18.1 Expeditions are trips that are called "expedition" in the mountain guide's program. In addition of the general provisions, the following special conditions apply:
18.2 Mountaineering and practical mountain experience is necessary to take part in an expedition; the participant must be able to move in an autonomous and safe fashion on mixed ground (snow, ice, rock). The participant must also be prepared to face prolonged isolation conditions with the tolerance and autonomy required for a successful expedition, in mountain setting as well as within the group.
18.3 Given the characteristics of expeditions (distance, commitment, very high altitude, risks, difficult rescue operation, etc), relations between the guide and the participant are different. Contrary to the supervisory role played in number-16-type tours, during an expedition, the guide is both organiser and advisor. The guide manages all the logistical and organisational aspects of the expedition, ensures in part the safety of the path to follow (fixed ropes, etc), determines where the group should camp, and gives pieces of advice on the best climbing strategy. The participant can find himself in a situation where he has to be without the guide at a very high altitude. During the expedition, the expedition's head guide leads the whole group, not individual participants. The participant takes part in the expedition at his own risk. The mountain guide's responsibility is limited to cases of grave misconduct or negligence. The mountain guide is not responsible for his assistants.
18.4 Unless stated otherwise in the program, the price includes group equipment, accommodation in a hotel room or mountain hut, in a multiple-bed room or dormitory with half-board, the guide's fees and expenses, and the plane ticket. Personal equipment, beverages, additional snacks, and eventual supplementary transportation expenses ought to be paid by the participant.
18.5 Each participant has to fully take part in all the essential tasks of the expedition: porterage from base camps, to set up the track on new snow, to prepare the ascent or set up altitude camps, and particularly to help take down all the camps.
18.6 Any registration must be made using the online registration form posted on the BeMountain web site or sent in writing to the mountain guide's mailing address, accompanied by a 30 % deposit on top of the eventual cancellation insurance. With the payment of the deposit, the participant's registration becomes official. The registration and the general conditions form the content of the contract between the participant and the mountain guide. After registering (on the internet or in writing), the participant receives a confirmation letter or email with a first bill (30 % deposit) on top of the eventual cancellation insurance. Even after receiving the deposit the reservation is only possible if there is still place available. When a client is accepted, the mountain guide will send him a bill, that also confirms the reservation, and the balance must be paid no later than 60 days prior to departure. If a client registers less than 60 days prior to departure, the full amount must be paid with the reservation request. If the payment is not made in time, the guide can cancel the contract and demand cancellation fees (see below).
18.7 Any participant who wants to cancel prior to departure must send a registered letter to the guide. The date at which the mountain guide receives the cancellation is the determining factor when it comes to setting the cancellation fee. (for Saturday, Sunday and statutory holidays, the next business day is the determining factor). In case of cancellation 92 days or more prior to departure, the participant will get a refund for the amount paid minus a withdrawal sum of CHF 70 or Euro 45 per person. Less than 92 days prior to departure, the following cancellation fees will apply: - 92 to 62 days: 10 % of the contract price - 61 to 31 days: 70 % of the contract price - 30 to 15 days: 80 % of the contract price - 14 to 8 days: 90 % of the contract price - less than 8 days: 100 % of the contract price
The insurance is not refundable. If it becomes impossible for a client to take part in an event, he can be replaced by another person as long as this other person fulfils the same conditions and that the guide has not made any reservation in the name of the client. The participant must inform the guide 7 to 15 days prior to departure, using a registered letter.
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