TERMS & CONDITIONS

1. ROLE OF PISTE TO POWDER

Piste To Powder, hereinafter referred to as “PTP”, operates as a platform and agency for the mediation of independently operating, fully qualified UIAGM/IFMGA mountain and ski guides.

PTP does not itself provide mountain guiding, ski guiding or other guiding services. PTP’s role is limited to facilitating the engagement of a suitable mountain guide and providing the related booking and administrative services.

A booking therefore gives rise to two separate contractual relationships:

1. a mediation agreement between the client and PTP for the facilitation of a suitable mountain guide; and
2. a guiding agreement directly between the client and the appointed mountain guide for the actual guiding services.

The mountain guide provides the guiding services independently, in his or her own name, on his or her own account and at his or her own economic risk.

PTP is not a party to the guiding agreement between the client and the mountain guide.

2. BOOKING REQUEST AND CONCLUSION OF THE GUIDING AGREEMENT

Clients are encouraged to submit booking requests as early as possible in order to maximise the availability of a suitable mountain guide. Short-notice requests are welcome, but availability cannot be guaranteed.

Booking requests may be submitted through the PTP website, by email, telephone or through other communication channels offered by PTP.

PTP forwards the booking request to one or more suitable and available mountain guides. Each mountain guide independently determines his or her availability and is free to accept or decline a proposed guiding engagement.

The guiding agreement is concluded directly between the client and the respective mountain guide once the guide has accepted the booking and this acceptance has been communicated to the client, either directly by the guide or through PTP.

PTP may facilitate communication between the client and the mountain guide and may provide administrative support in connection with the booking. This does not make PTP the provider or organiser of the guiding services.

3. PRICES AND SERVICES

The fee for the guiding services is independently determined by the respective mountain guide. PTP may display and communicate the prices provided by the mountain guide as part of its mediation services.

The guiding fee is independently determined by the respective mountain guide and communicated to the client by PTP as part of the booking process.

Unless stated otherwise, the total price displayed to the client may consist of:

• the guiding fee determined by the respective mountain guide; and
• PTP’s mediation and service fee.

Group prices are valid only where the applicable minimum number of participants is reached.

Prices, packages and special offers apply only to the services and periods specifically stated in the respective offer or booking confirmation. Unless expressly stated as included, additional costs such as lift passes, transportation, taxis, accommodation, meals, hut accommodation or other third-party services are not included and must be paid separately by the client.

4. PAYMENT

A deposit is generally required in order to confirm a booking. The deposit covers, in particular, PTP’s mediation and service fee and may be paid using the payment methods offered by PTP.

Unless otherwise stated in the booking confirmation, the remaining guiding fee is payable directly to the mountain guide no later than the first guiding day.

The mountain guide charges for the guiding services in his or her own name and on his or her own account.

If PTP receives any amount on behalf of a mountain guide in an individual case, such payment is collected solely as part of the payment administration for and on behalf of the respective mountain guide. This does not make PTP the provider of the guiding services.

5. INDEPENDENCE AND RESPONSIBILITIES OF THE MOUNTAIN GUIDE

The planning, organisation and performance of the guiding services are the sole responsibility of the respective mountain guide.

In particular, the mountain guide independently determines:

• the tour and route;
• the meeting point and timing of the guiding day;
• the assessment of weather, snow and avalanche conditions;
• the suitability, skiing ability and physical condition of participants;
• the necessary safety measures and equipment;
• any changes to the intended programme; and
• whether a tour should be modified, shortened, terminated or not undertaken for safety reasons.

PTP does not exercise control over the guide’s route selection or safety-related decisions. The mountain guide is not subject to ongoing reporting obligations towards PTP concerning the performance of individual guiding engagements. A mountain guide may arrange for the guiding service to be performed by another appropriately qualified and authorised mountain guide.

6. CLIENT INFORMATION, ABILITY AND RESPONSIBILITIES

Clients must provide PTP and the mountain guide with complete and accurate information relevant to the mediation and safe performance of the guiding services.

This includes, in particular, information regarding skiing or mountaineering ability, previous off-piste experience, physical fitness, relevant medical or other limitations, the age and number of participants and any particular requirements.

The mountain guide may modify the intended programme or exclude a participant from a particular activity if, in the guide’s professional judgement, the participant’s ability, fitness, equipment or behaviour does not allow the activity to be undertaken safely.

Clients must comply with all safety-related instructions given by the mountain guide.

7. PROGRAMME CHANGES, TERMINATION AND CANCELLATION FOR SAFETY REASONS

All decisions concerning the modification, restriction, termination or cancellation of a guiding activity due to weather, snow, avalanche, safety or other alpine conditions are made exclusively by the respective mountain guide.

PTP does not independently assess avalanche conditions, weather conditions or the safety or feasibility of a particular tour. If the originally intended tour cannot reasonably or safely be undertaken, the mountain guide may modify the programme and propose an appropriate alternative.

If a guiding activity has to be shortened or substantially modified due to a participant’s insufficient physical condition, skiing ability, unsuitable equipment or at the participant’s request, there is generally no entitlement to a refund of the guiding fee. Any resulting additional costs must be borne by the client.

Changes to the intended route or programme due to weather, snow or safety conditions do not entitle the client to a particular route, descent, summit, snow quality or other specific objective.

8. OPEN GROUPS AND MINIMUM PARTICIPANT NUMBERS

Activities expressly offered as an “Open Group” or group programme may be subject to a minimum number of participants.

If the required minimum number of participants is not reached, PTP may be unable to complete the group mediation for the respective guiding day and may cancel the Open Group arrangement.

Where possible, PTP may offer an alternative solution, which may include:

• combining compatible ability levels;
• carrying forward an eligible Open Group day;
• offering an upgrade to private guiding against payment of the applicable additional amount; or
• providing a pro-rata refund for guiding days that cannot be provided.

Where compatible ability levels are combined, for example Level 2 and Level 3, participants acknowledge that some adjustment to the preferred skiing level may be necessary.

Where a guiding day cannot take place due to weather, snow, avalanche or other safety-related conditions, the decision is made by the respective mountain guide and not by PTP.

For multi-day Open Group packages, where a partial refund applies, guiding days already completed may be recalculated at the regular non-discounted Open Group daily rate, provided this was communicated as part of the booking conditions.

9. CANCELLATION BY THE CLIENT

Clients may cancel a confirmed booking at any time. The relevant time for determining the applicable cancellation charge is the time at which the cancellation is received by PTP or the respective mountain guide.

PTP may receive and forward cancellations to the mountain guide as part of its mediation and booking administration.

9.1 Day Guiding and Single-Day Bookings

More than 48 hours before the booked date:
100% refund less a handling fee of 10% of the deposit, subject to a minimum handling fee of EUR 50 where a deposit has already been paid.

48 hours or less before the booked date:
The full agreed amount remains payable and no refund will be made.

No refund is available where fewer participants attend than originally booked. For single-day bookings, the number of participants may be amended up to 48 hours before the booked date, subject to any resulting adjustment to the applicable price.

9.2 Guiding Packages and Multi-Day Programmes

Up to 14 days before the booked date:
100% refund less a handling fee of 10% of the deposit, subject to a minimum handling fee of EUR 50.

7 to 14 days before the booked date:
50% refund.

Less than 7 days before the booked date:
The full agreed amount remains payable.

9.3 Hut-to-Hut and Ski Touring Packages

More than 30 days before the booked date:
100% refund less a handling fee of 10% of the deposit, subject to a minimum handling fee of EUR 50.

14 to 30 days before the booked date:
50% refund.

Less than 14 days before the booked date:
The full agreed amount remains payable.

To the extent that cancellation charges relate to the mountain guide’s guiding fee, these cancellation conditions form part of the guiding agreement between the client and the respective mountain guide and are communicated by PTP as part of the mediation and booking process.

10. UNAVAILABILITY OR REPLACEMENT OF THE MOUNTAIN GUIDE

If the originally appointed mountain guide becomes unavailable, another appropriately qualified and authorised mountain guide may perform the agreed guiding services. The mountain guide may arrange a suitably qualified replacement guide. PTP may assist in identifying and mediating an appropriate replacement. If no suitable replacement can be arranged and the agreed guiding service cannot therefore be provided, payments already made for services that are not provided will be refunded according to their respective contractual allocation.

11. INHERENT RISKS OF OFF-PISTE SKIING AND MOUNTAINEERING

Off-piste skiing, ski touring and other mountain activities involve inherent and potentially serious risks, even when undertaken with a professionally qualified mountain guide.

Such risks may include, among others, avalanches, rapidly changing weather, variable snow and terrain conditions, falls, crevasses, rockfall and other objective and subjective alpine hazards. These risks cannot be completely eliminated through professional planning, guiding or safety measures.

Clients are responsible for accurately informing the mountain guide of their abilities, experience and any circumstances relevant to their participation and must comply with the guide’s safety instructions. Neither a particular route, descent, summit, snow quality, number of runs nor any particular sporting result is guaranteed.

12. INSURANCE

Each client is responsible for ensuring that he or she has adequate insurance appropriate to the booked activity.

PTP strongly recommends insurance covering, in particular:

• mountain and skiing accidents;
• search and rescue operations;
• helicopter or other evacuation;
• medical treatment and
• repatriation where applicable.

Travel cancellation insurance is also strongly recommended. Any costs arising from inadequate or missing insurance coverage are the responsibility of the client.

13. LIABILITY

PTP is liable for its own mediation and booking services in accordance with applicable law.

The independently operating mountain guide is responsible for the planning, organisation and performance of the guiding services and for the professional and safety-related decisions made in connection with those services.

To the extent permitted by law, PTP is not liable for acts or omissions of the independently operating mountain guide in connection with the performance of the guiding services. This includes, in particular, decisions concerning route selection and the assessment of weather, snow, avalanche and other alpine conditions.

Mandatory statutory liability provisions remain unaffected.

14. ASSUMPTION AND ACKNOWLEDGEMENT OF ALPINE RISKS

By booking and participating in a guided mountain activity, the client acknowledges that skiing outside secured pistes, ski touring and mountaineering involve risks that cannot be entirely eliminated.

The client acknowledges that conditions in mountain environments may change rapidly and that the mountain guide must therefore retain full discretion to adapt the route, objective and programme according to the circumstances encountered.

Acceptance of such inherent risks does not exclude any liability that cannot lawfully be excluded under applicable law.

15. PHOTOGRAPHS AND VIDEO

Photographs or video recordings in which clients are identifiable will only be used by PTP for promotional or marketing purposes where the client has provided the required consent or where another lawful basis for such use exists.

Any consent given may be withdrawn for future use in accordance with applicable law.

16. DATA PROTECTION

PTP processes personal data in connection with its mediation and booking services in accordance with its Privacy Policy.

Personal data necessary for the performance of a booking may be shared with the respective mountain guide. The mountain guide processes personal data received for the purpose of performing the guiding agreement in accordance with his or her own applicable legal obligations.

Further information is available in the PTP Privacy Policy.

17. RIGHT OF WITHDRAWAL FOR CONSUMERS

Consumers are entitled to statutory withdrawal rights applicable to distance contracts where such rights exist under applicable law.

Where a leisure service is to be provided on a specific date or during a specific period and the statutory requirements for an exception to the right of withdrawal are met, no statutory right of withdrawal applies. Separate statutory provisions may apply to PTP’s mediation services, including provisions concerning the commencement and full performance of services during any applicable withdrawal period.

Nothing in these Terms & Conditions limits mandatory statutory consumer rights.

18. AUSTRIAN LAW AND EXCLUSIVE JURISDICTION

The contractual relationship between PTP and the client shall be governed by Austrian law, excluding its conflict-of-law rules, to the extent that no mandatory statutory provisions provide otherwise.

To the fullest extent permitted by applicable law, all disputes, claims or legal proceedings arising out of or in connection with PTP’s mediation and booking services shall be subject exclusively to the competent courts at PTP’s registered place of business in Austria.

To the fullest extent permitted by applicable law, the jurisdiction of courts outside Austria is expressly excluded.

For consumers, mandatory statutory jurisdiction and consumer protection provisions remain unaffected.

The guiding agreement is concluded directly between the client and the respective independent mountain guide. The applicable legal provisions and any terms agreed between those parties apply separately to that contractual relationship.

19. INTERNATIONAL CLIENTS, INCLUDING CLIENTS FROM THE UNITED STATES

Clients residing outside Austria, including clients residing in the United States of America, Canada, the United Kingdom and other non-EU countries, expressly acknowledge that PTP is an Austrian business providing mediation services from Austria.

By entering into a contractual relationship with PTP, the client acknowledges and agrees that, to the fullest extent permitted by applicable law, disputes concerning PTP’s mediation and booking services are governed by Austrian law and are to be resolved before the competent courts in Austria.

To the fullest extent legally permissible, the client agrees not to bring proceedings against PTP in a jurisdiction outside Austria.

Nothing in this clause excludes any jurisdiction, consumer right or other protection which cannot lawfully be excluded by agreement.

20. FINAL PROVISIONS

If any provision of these Terms & Conditions is or becomes wholly or partly invalid or unenforceable, the remaining provisions shall remain unaffected. Any invalid or unenforceable provision shall be replaced by the applicable statutory provision.

Individual agreements made between the relevant contracting parties remain unaffected.