Terms & Conditions

This Agreement (“Agreement”) is entered into between:

Individual Entrepreneur Andrey Golovachev, Georgian company ID 320012909,
legal address Georgia, Zugdidi region, village Narazen,
Kondrate Tatarishvili Street, N18
+995-599-99-25-94

hereinafter referred to as “the Guide”, AND the Participant(s), WHEREAS, the Guide is experienced in organizing and leading ski tours, and the Participant(s) desire to engage the Guide’s services for such a tour, hereinafter referred to as “the Tour”.

The Agreement includes all obligations of the Guide to lead the Participant(s) on the Tour. In return, the Participant(s) are obligated to pay the fee, unless expressly agreed to be free of charge.

The Agreement comes into effect when the Participant(s) accept it in writing or by email OR when the Participant(s) pay any part of the Tour fee OR when the Participant(s) join the Tour in situ, each option being equally legally binding. 

By accepting this Agreement, paying any part of the Tour fee or joining the Tour in situ, Participant(s) acknowledge that they have read and understood the Agreement terms and agree to abide by them even if English is not the primary language of the Participant(s). 

NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows:

The Participant(s) shall pay the Tour fee and deposits in accordance with the payment schedule and methods specified in the Agreement. 

Booking is confirmed when booking deposit is received and all the specific tour details are agreed upon between the Guide and the Participant(s). The Guide may require copies of the Participant(s) passports for the booking.

In the case of simultaneous booking of several Participants, the person who makes the booking is liable for the payment of the Tour fee.

The Guide:

– Plans the Tour itinerary.

– Organizes transportation, accommodation, and meals as specified in the list of inclusions.

– Provides safety instructions before and during the Tour.

– Ensures the safety and well-being of the Participant(s) on the Tour.

– Determines tactical actions and the day plan, striving to adhere to the timelines specified in the itinerary.

– Selects the route of movement factoring in the weakest participant of the group. In particular, within the exclusive competence of the Guide are the following: 

• the order of the group’s movement along the route: one at a time, with a specific distance etc.
• corridor of movement, ascent & descent line, stopping places.
• interaction within the group while moving.
• possibility to divide the group on the route.
• decision to change or abandon the route in case of conditions threatening the safety of the Participant(s). In this case no refunds can be made.

– Chooses and, with the help of the Participant(s), prepares bivouac sites, if any.

– Monitors the physical condition of the Participant(s).

– Provides first aid to the Participant(s) and maintains emergency communication with the rescue services in case of an accident.

The Participant(s) are required to:

– Follow the Guide’s instructions and safety guidelines. If these are ignored by the Participant(s), the Guide cannot be held responsible for any resulting consequences.

– Only move in the part of the slope approved by the Guide and stop at the safety points designated by the Guide. 

– Strictly follow the order and sequence of movement required by the Guide whether it is one skier at a time or with a particular distance between skiers.

– Never ski below the Guide.

– Ski down the fall line avoiding traverses unless instructed by the Guide.

– In the event of a snow avalanche, switch the avalanche transceiver into the Search mode immediately as instructed by the Guide.

– Be physically fit for the trip and be responsible for their own health. Provide truthful information to the Guide in order to assess their suitability for the Tour. 

– Immediately inform the Guide of any deterioration in their condition.

– Have the experience and ski technique sufficient for the Tour. Unless there are specific requirements for the Tour, the Participant(s) are expected to ski ‘black’ runs on piste safely and comfortably and have previous experience of multi-day off-piste skiing.

The Guide reserves the right to exclude any Participant(s) from activities they are not prepared for or fit enough for due to health impairment, lack of fitness, ski technique, slow altitude acclimatization, etc.  especially if their participation potentially jeopardizes their own, other participants, or the Guide’s safety.
No refunds will be made to guests who are excluded on this basis.

– Fulfill any specific participant requirements mentioned in the Tour description.

– Bring appropriate gear and clothing and be responsible for its condition and maintenance. Have a functioning avalanche transceiver, avalanche shovel with metal blade and avalanche probe. Efficiency of the transceiver is checked by the guide daily. No avalanche kit – no skiing.

The Guide reserves the right to exclude any Participant(s) from activities they are poorly equipped for. No refunds will be made to guests who are excluded on this basis.

– Reimburse the Guide any costs resulting from loss or repair costs of any rental equipment that go beyond normal wear and tear.
– Carry personal equipment and a proportionate share of group equipment (food, gas, bivouac, alpine gear etc.) necessary for the Tour. 

– Provide feedback to the Guide, in particular about any improvements to the Tour.

– Arrange personal insurance that explicitly and fully covers the inherent risks of ski touring and off-piste skiing, helicopter rescue, medical treatment, hospitalization and repatriation. The Guide will NOT provide insurance for the Participants on any tour. If the Participant(s) do not have proper insurance then they will be liable for their own medical and emergency evacuation expenses and will receive no refund, date change, or any kind of compensation from the Guide.

– Comply with any customs, visa and public health regulations applicable to the Tour itinerary.

5.1 The Participant(s) have the right to cancel the Tour in writing at any time. In this case any deposits made are NOT refunded. At his sole discretion the Guide may put the deposits towards future trips of the Participant(s) with the Guide.
5.2 If the Participant(s) fail to show up at the agreed time at the starting point of the Tour, the Guide reserves the right to exclude these Participant(s) from the Tour. In any case such Participant(s) will be required to pay the remaining Tour fee to the Guide.

5.3 No refunds will be made if the Participant(s) voluntarily leave the Tour for any reason after the Tour has begun. Refunds will be at the discretion of the Guide if the Participant(s) are involuntarily forced to leave the Tour for any reason. 

5.4 Tour date changes may be requested by the Participant(s) at any time up to 1 month prior to the Tour start date and will be subject to extra administration fee of $100 per participant. Such date changes are subject to availability.

5.5 If Participant(s) are prevented from undertaking the Tour, they may transfer the contractual relationship to another person, provided that this person meets all the conditions for participation and the transfer is notified to the Guide within a reasonable period before the departure date. The transferor and the acquirer are jointly and severally liable for the outstanding fee as well as any additional costs incurred by the transfer. The Guide may refuse the transfer for justifiable reasons.

6.1 The Guide reserves the right to cancel or amend the Tour itinerary at any time due to unusual and unforeseeable events over which he had no control and which could not have been avoided despite applying due care. Such events include, for example, government orders, strikes, war or war-like conditions, natural disasters, epidemics, etc. In that case the part of the Tour fee exceeding the reimbursement of the Guide’s expenses will be refunded. 

6.2 The Guide reserves the right to modify, restrict or extend the Tour itinerary at any time due to unforeseeable circumstances beyond his control threatening the safety of the Participant(s) such as adverse weather or snowpack conditions or based on the Guide’s subjective judgment of the team’s condition and fitness. In such cases no refund claims can be made. 

6.3 The Guide reserves the right to change the originally agreed accommodation and/or transportation arrangements in case there is no availability with the respective providers anymore. In that case the Guide will make all efforts to find the substitute and will reimburse the Participant(s) any cost difference if the accommodation and/or transportation is of lower standard than originally agreed.

6.4 The Guide is released from the obligation to perform if the Participant(s), within the scope of the Tour, persistently disrupt or endanger the execution of the enterprise due to improper or grossly careless behavior, regardless of a warning. In this case, the Participant(s), if at fault, are liable to compensate the Guide for damages and expenses. In such a case, the guiding fee will not be refunded.

6.5 The Tour can only be carried out if the specified minimum number of participants is reached.
If this is not the case, the Guide is entitled to withdraw from the contract up to 7 days before the start of the event. The already paid fee will be refunded in full. If the Participant(s) insists on the Tour taking place despite the insufficient number of participants, a new offer with a newly calculated price may be made. However, the Guide is not obliged to carry out the event again.

6.6 The Guide reserves the right to increase the Tour fee due to unforeseeable reasons beyond his control, if the date of the Tour is more than 3 months away. Such reasons may include unexpected changes in accommodation prices, transfer prices or exchange rates applicable for the Tour.

7.1 Managing risks and ensuring the safety of the Participant(s) is the Guide’s number one priority.
The Guide prepares and conducts the Tour to the best of his knowledge and belief, making all the efforts to minimize the effect of any natural and human-induced hazards on the Tour. However, it is inherent in the nature of the mountain environment that a certain residual risk and uncertainty remain for the Participant(s).

7.2 The tour can be dangerous, exposing the Participant(s) to many inherent risks and hazards, including but not limited to: loss or damage to personal property, snow avalanches, rockfalls, hypothermia, frostbites, falling, immersion in cold water, altitude sickness, crevasse falls. These hazards can occur in remote areas without easy access to professional search & rescue services and medical facilities. While some of these risks are inherent in the very nature of the activities, others may result from mechanical failure and human error and natural disaster and accidental error on the part of the Participant(s) or the Guide.

7.3 The Guide makes every effort and takes all precautionary measures to reduce the aforementioned risks; however, the Guide is not liable for any injuries, damages, losses or expenses that may be incurred by the Participant(s) during the Tour.

7.4 The Participant(s), being aware of the aforementioned risks, voluntarily and realistically assessing their level of physical, technical, and psychological preparation, voluntarily and independently make the decision to participate in this program and are responsible for their actions (or inaction).

7.5 The Participant(s) accept all risks of serious injury to them or death which may occur during the Tour. For themselves, heirs, executors, administrators, assignees and personal representatives, the Participant(s) forever waive and release all rights and claims for losses, damages, costs and injuries which they may have against the Guide, his agents, independent contractors and Assignees, notwithstanding that such injuries or losses are caused solely or partly by human error, force majeure, or other unforeseen events – the Guide and his agents, independent contractors and assignees are not responsible for losses incurred.

7.6 The Participant(s) authorize the Guide, his agents, independent contractors or assignees to arrange and/or offer medical treatment in the event of the emergency. However, the Participant(s) are responsible for and will bear all costs or expense of rescue or medical attention rendered to them or for their benefit while preparing for, traveling to or from or participating in the Tour. The Participant(s) agree to arrange a suitable personal insurance as detailed in the respective section of the Agreement.

7.7 For accommodation, transfers, ski lifts, snowcats and snowmobiles the Guide acts only as an agent for the other companies and as such has no control over any services provided by these supplying companies. All bookings made with these companies are subject to the booking terms and conditions under which these services are provided. The guide will not be held responsible for the inability of the suppliers to comply with any special requests.

7.8 The Guide cannot be held responsible for the snow conditions. The tour cannot be canceled
on the basis of poor snow conditions and no claims can be made.

7.9 While the Guide makes all efforts to gather a matching group, no claims related to disparate fitness or skiing ability of the Participants can be made.
7.10 The Participant(s) accept that travel in developing countries can at times be slow and unpredictable and no claims related to transportation can be made.

8.1 The Guide is authorized to process and store personal data within the framework and for the purposes of the Agreement. Furthermore, the Participant(s) expressly agree to disclose personal data to the Guide and his partners, for example to accommodation providers when booking.

8.2 The Participant(s) agree that any videos and photos of them taken during the Tour may be used by the Guide or his partners or affiliates for any publicity, promotional and advertising purposes online, in social media or in paper publications. The Guide will never sell photos in which the Participant(s) are depicted to third party companies.

The Guide can delegate the leadership of the Tour in the field to his Assignee with sufficient qualifications and experience. In that case the Guide only retains responsibilities related to organization of the Tour.

This Agreement shall be governed by and construed in accordance with the laws of Georgia, excluding the conflict of laws rules. 

Should individual provisions of this Agreement with the guest be wholly or partially ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision that comes as close as possible to achieving the economic purpose of the ineffective provision.