GENERAL TERMS & CONDITIONS
_________________________________
1. Sherpas Ride, Common Interests Association
Sherpas Ride z.s. (Hereinafter referred to as „Association“) facilitates sport events (Hereinafter referred to as „Events“) focused on free ride / backcountry skiing for its members. Any physical or legal person that fulfils the General Terms and Conditions (Hereinafter referred to as “Terms & Conditions”) and pays the membership fee of 500,- CZK (Czech Crowns) can become a Member of the Association (Hereinafter referred to as “Member(s)”). The membership fee is valid for 12 months and it can be paid either separately or as a part of an advance payment for any concrete Event.
2. General Terms & Conditions
These Terms & Conditions govern the rights and obligations between the Association and its Members with respect to participation at any Event organized by the Association or any other agreement between the Association and the Member(s), unless the parties of this agreement agree differently. In case the parties to such agreement agree differently concerning a part of the terms and/or conditions governed by these Terms & Conditions, the rest of the Terms & Conditions (that have not been agreed differently) remains valid.
3. Payments and Bookings
Any Member willing to participate at any Event has to make an obligatory booking, confirmed by agreeing to the Terms & Conditions and covering an advance payment for the respective Event. The advance payment of 50% from the total cost of any Event is due within 7 days after a booking is made. The balance of the total cost of the Event must be paid no later than 10 weeks before departure. In case the booking is made after the standard due date of the balance payment, the full cost must be paid within 7 days after the respective booking was made. If the balance is not paid in time the Association reserves the right to cancel the booking and forfeit the advance payment.
4. Costs
The costs of all Events facilitated by the Association, together with Events’ program are described at the Association websites. The costs do not cover additional fees and parts of the program that are not described at the Association websites, namely: individual insurance, flight tickets, compensations for not participating at the whole program of an Event and compensations for lifts or cable cars closure in the venue where the respective Event takes place. The cost of the sport Event is to be paid via a bank transfer to the Association bank account. The banking details will be sent to the Members after their booking is made.
5. Individual Cancellation
The Association advises the Members to arrange individual cancellation insurance. In case Members want to cancel their participation at any Event, such information must be sent to the Association’s management via an email. After a cancellation email is received, the Association will charge the respective Member with cancellation fees according to the date when the cancellation was made.
The Cancellation Fees:
if the cancellation is made:
More than 10 weeks before the Event starts – the advanced payment is forfeited
31 days – 10 weeks – 75% of the total cost
0-30 days – 100% of the total cost
Not showing at the event – 100% of the total cost
*that said, Association always tries to find a replacement for the Member to be able to refund him/her in full.
6. Event Cancellation
Every Event can only take place if there are enough Members participating. The Association is obliged to inform its Members via an email, shall there not be the minimum participation necessary for the respective Event to take place reached, no later than 10 days before the respective Event should start. In the above described event, the Association will refund the whole payment to those Members whose Event was cancelled. The Association permits its Members to buy any travel tickets or accommodation (in case of an Event where no accommodation is provided by the Association) connected to the Event only when the minimum participation is reached. The Association claims its right to cancel or terminate an Event in case of a force majeure that prevents the Event to take place or threatens the safety of the Members at any time prior to the Event or during the already started Event itself. In case an Event is cancelled or terminated due to the above-described reasons, the Association will refund the Members with the cost of the Event reduced by the expenditures the Association already made prior to the cancellation/termination.
In case of Event cancellation or cancellation of part of the Event's program (e.g. Guide's injury), Association is obliged to deliver agreed features via third party providers. If not possible, Association has to refund features of the program that it was not able to deliver.
7. Event Program/Schedule Changes
The Association management or any Event Head have the right to make changes to the program or schedule of any Event based on current meteorological conditions, avalanche risk level and/or any other objective dangers and/or the current physical shape and performance of a group of Members. By agreeing to these Terms & Conditions, Members confirm they understand and accept such changes even if those changes are not invoked or caused by the respective Member. Members also agree they accept the risk of changes based on a group-nature of any Event and that they waive any compensations or discounts.
8. Behaviour of Members
The Association reserves the right at its absolute discretion to terminate without notice and liability the arrangements of any Member whose participation is inappropriate or dangerous for namely but not limited to: health reasons, lack of experience or skills or inappropriate equipment regardless the cause of such fault and/or whose behaviour is such that it is likely, in Association management’s reasonable opinion, or that of the Event Head, to cause distress, danger, damage, or annoyance to other Members, employees, property or to any third party. In all cases described above full cancellation charges apply and the Association will be under no obligation whatsoever for any cost incurred. Every Member is obliged and agrees to respect all instructions of the Event Head during the Event preparation and throughout the course of the Event.
9. Association’s Liabilities
The Association undertakes to organise every Event in favour of its Members so the objective risks connected to participating at the Event are minimised. The Association is not liable for any damages it has not caused.
10. Participation at Members Own Risk
Every Member participates at any Event or its sport program at his/her own risk and responsibility and understands the activities facilitated by the Association might be dangerous regardless applying all efforts and appropriate professional care to minimise those risks. The qualified instructors and guides that facilitate each and every Event act as organisational/operational bodies only. Individual Members bear full responsibility for their own sport and health shape and preparation for a concrete Event. Any Member has the right to diverge from the course of any Event as scheduled by the Association and/or specified by the Event Head only after such divergence is agreed by the Event Head. In case any Member diverges from the Event’s program or schedule he/she agrees he/she acts at his/her own risk and neither the Association nor the Event Heads are responsible for the safety of the respective Member. The Members agree to adhere to the safety/security instructions of the Association even in case they diverge from the Event’s program or schedule.
11. Event Imperfections and Liability
In case the Association finds out an Event does not have the agreed features, which were supposed to be integral part of the respective Event and the Members could expect those features to be rendered by the Association based on the Event description or common knowledge, the Association will, shall it does not impose inappropriate costs, take respective remedial action, usually within 2 days. Members must inform the Association about any imperfections identified throughout the course of any Event. In case it is not possible to continue the Event in any other way than through a lower-quality program, compared to the Event description, the Association will reimburse the affected Members with the cost difference.
12. Equipment
Should a Member decide to use any equipment provided by the Association, namely but not limited to skis, snowboards, snowshoes, poles, ski-belts, avalanche kits etc., such Member is responsible for the equipment and its loss or damage. The Members are fully liable for the necessary repairs or replacements of equipment the Association provides them with.
13. Insurance
Throughout the course of the whole Event, all participating Members are obliged to have valid medical expenses insurance with insurance indemnity limits appropriate to the risks of accidents or circumstances that can be duly expected concerning participation at a respective Event. The Association will suggest and offer facilitation of an appropriate insurance. In case any Member decides to make other insurance than the one suggested by the Association, the Member has to inform the Association about it within 10 days prior to the start date of the respective Event. In case any accident or other circumstances occur, the Event Head will not take account of whether or not the Member’s insurance has sufficient indemnity limits.
14. Assistance
In case a Member suffers from an accident, illness or injury connected to the activities facilitated by the Association, the Association will offer an appropriate level of help and support while claiming damage indemnification from third parties.
15. Final Provisions
The Member agrees that the Association can handle his/her personal data that could be used for the purpose of organising an Event and/or informing the Member about the activities and Events organised by the Association. The personal data will not be given to any third party without Member’s previous consent and knowledge. Member declares that he/she have been informed by the Association about the facts mentioned in § 11 of the law number 101/2000 Sb., about the protection of personal data.
Should any part of these Terms & Conditions be invalid for any reason, the rest of the agreement shall remain unaffected and valid.
Sherpas Ride, z.s.
Registered office: Františka Křížka 460/15, Holešovice, 170 00 Praha 7
Id. No.: 04474317
L 63696 registered by the Municipal Court in Prague
Sherpas Ride z.s. (Hereinafter referred to as „Association“) facilitates sport events (Hereinafter referred to as „Events“) focused on free ride / backcountry skiing for its members. Any physical or legal person that fulfils the General Terms and Conditions (Hereinafter referred to as “Terms & Conditions”) and pays the membership fee of 500,- CZK (Czech Crowns) can become a Member of the Association (Hereinafter referred to as “Member(s)”). The membership fee is valid for 12 months and it can be paid either separately or as a part of an advance payment for any concrete Event.
2. General Terms & Conditions
These Terms & Conditions govern the rights and obligations between the Association and its Members with respect to participation at any Event organized by the Association or any other agreement between the Association and the Member(s), unless the parties of this agreement agree differently. In case the parties to such agreement agree differently concerning a part of the terms and/or conditions governed by these Terms & Conditions, the rest of the Terms & Conditions (that have not been agreed differently) remains valid.
3. Payments and Bookings
Any Member willing to participate at any Event has to make an obligatory booking, confirmed by agreeing to the Terms & Conditions and covering an advance payment for the respective Event. The advance payment of 50% from the total cost of any Event is due within 7 days after a booking is made. The balance of the total cost of the Event must be paid no later than 10 weeks before departure. In case the booking is made after the standard due date of the balance payment, the full cost must be paid within 7 days after the respective booking was made. If the balance is not paid in time the Association reserves the right to cancel the booking and forfeit the advance payment.
4. Costs
The costs of all Events facilitated by the Association, together with Events’ program are described at the Association websites. The costs do not cover additional fees and parts of the program that are not described at the Association websites, namely: individual insurance, flight tickets, compensations for not participating at the whole program of an Event and compensations for lifts or cable cars closure in the venue where the respective Event takes place. The cost of the sport Event is to be paid via a bank transfer to the Association bank account. The banking details will be sent to the Members after their booking is made.
5. Individual Cancellation
The Association advises the Members to arrange individual cancellation insurance. In case Members want to cancel their participation at any Event, such information must be sent to the Association’s management via an email. After a cancellation email is received, the Association will charge the respective Member with cancellation fees according to the date when the cancellation was made.
The Cancellation Fees:
if the cancellation is made:
More than 10 weeks before the Event starts – the advanced payment is forfeited
31 days – 10 weeks – 75% of the total cost
0-30 days – 100% of the total cost
Not showing at the event – 100% of the total cost
*that said, Association always tries to find a replacement for the Member to be able to refund him/her in full.
6. Event Cancellation
Every Event can only take place if there are enough Members participating. The Association is obliged to inform its Members via an email, shall there not be the minimum participation necessary for the respective Event to take place reached, no later than 10 days before the respective Event should start. In the above described event, the Association will refund the whole payment to those Members whose Event was cancelled. The Association permits its Members to buy any travel tickets or accommodation (in case of an Event where no accommodation is provided by the Association) connected to the Event only when the minimum participation is reached. The Association claims its right to cancel or terminate an Event in case of a force majeure that prevents the Event to take place or threatens the safety of the Members at any time prior to the Event or during the already started Event itself. In case an Event is cancelled or terminated due to the above-described reasons, the Association will refund the Members with the cost of the Event reduced by the expenditures the Association already made prior to the cancellation/termination.
In case of Event cancellation or cancellation of part of the Event's program (e.g. Guide's injury), Association is obliged to deliver agreed features via third party providers. If not possible, Association has to refund features of the program that it was not able to deliver.
7. Event Program/Schedule Changes
The Association management or any Event Head have the right to make changes to the program or schedule of any Event based on current meteorological conditions, avalanche risk level and/or any other objective dangers and/or the current physical shape and performance of a group of Members. By agreeing to these Terms & Conditions, Members confirm they understand and accept such changes even if those changes are not invoked or caused by the respective Member. Members also agree they accept the risk of changes based on a group-nature of any Event and that they waive any compensations or discounts.
8. Behaviour of Members
The Association reserves the right at its absolute discretion to terminate without notice and liability the arrangements of any Member whose participation is inappropriate or dangerous for namely but not limited to: health reasons, lack of experience or skills or inappropriate equipment regardless the cause of such fault and/or whose behaviour is such that it is likely, in Association management’s reasonable opinion, or that of the Event Head, to cause distress, danger, damage, or annoyance to other Members, employees, property or to any third party. In all cases described above full cancellation charges apply and the Association will be under no obligation whatsoever for any cost incurred. Every Member is obliged and agrees to respect all instructions of the Event Head during the Event preparation and throughout the course of the Event.
9. Association’s Liabilities
The Association undertakes to organise every Event in favour of its Members so the objective risks connected to participating at the Event are minimised. The Association is not liable for any damages it has not caused.
10. Participation at Members Own Risk
Every Member participates at any Event or its sport program at his/her own risk and responsibility and understands the activities facilitated by the Association might be dangerous regardless applying all efforts and appropriate professional care to minimise those risks. The qualified instructors and guides that facilitate each and every Event act as organisational/operational bodies only. Individual Members bear full responsibility for their own sport and health shape and preparation for a concrete Event. Any Member has the right to diverge from the course of any Event as scheduled by the Association and/or specified by the Event Head only after such divergence is agreed by the Event Head. In case any Member diverges from the Event’s program or schedule he/she agrees he/she acts at his/her own risk and neither the Association nor the Event Heads are responsible for the safety of the respective Member. The Members agree to adhere to the safety/security instructions of the Association even in case they diverge from the Event’s program or schedule.
11. Event Imperfections and Liability
In case the Association finds out an Event does not have the agreed features, which were supposed to be integral part of the respective Event and the Members could expect those features to be rendered by the Association based on the Event description or common knowledge, the Association will, shall it does not impose inappropriate costs, take respective remedial action, usually within 2 days. Members must inform the Association about any imperfections identified throughout the course of any Event. In case it is not possible to continue the Event in any other way than through a lower-quality program, compared to the Event description, the Association will reimburse the affected Members with the cost difference.
12. Equipment
Should a Member decide to use any equipment provided by the Association, namely but not limited to skis, snowboards, snowshoes, poles, ski-belts, avalanche kits etc., such Member is responsible for the equipment and its loss or damage. The Members are fully liable for the necessary repairs or replacements of equipment the Association provides them with.
13. Insurance
Throughout the course of the whole Event, all participating Members are obliged to have valid medical expenses insurance with insurance indemnity limits appropriate to the risks of accidents or circumstances that can be duly expected concerning participation at a respective Event. The Association will suggest and offer facilitation of an appropriate insurance. In case any Member decides to make other insurance than the one suggested by the Association, the Member has to inform the Association about it within 10 days prior to the start date of the respective Event. In case any accident or other circumstances occur, the Event Head will not take account of whether or not the Member’s insurance has sufficient indemnity limits.
14. Assistance
In case a Member suffers from an accident, illness or injury connected to the activities facilitated by the Association, the Association will offer an appropriate level of help and support while claiming damage indemnification from third parties.
15. Final Provisions
The Member agrees that the Association can handle his/her personal data that could be used for the purpose of organising an Event and/or informing the Member about the activities and Events organised by the Association. The personal data will not be given to any third party without Member’s previous consent and knowledge. Member declares that he/she have been informed by the Association about the facts mentioned in § 11 of the law number 101/2000 Sb., about the protection of personal data.
Should any part of these Terms & Conditions be invalid for any reason, the rest of the agreement shall remain unaffected and valid.
Sherpas Ride, z.s.
Registered office: Františka Křížka 460/15, Holešovice, 170 00 Praha 7
Id. No.: 04474317
L 63696 registered by the Municipal Court in Prague