Tour Service Agreement

The Company arranges Tours for the Client through cooperation with local tour operators at the destination who deliver on-the-ground travel services (including accommodation, transfers, guides, permits, and programme delivery). The identity of the local tour operator engaged for the Client’s specific booking is set out in the Appendix.

The Company is responsible to the Client for the quality of services provided under this Agreement in accordance with applicable UK consumer law.

The Client acknowledges that the Company may engage third parties and companies for the arrangement of the Tour.

The Client makes a booking through the Website by selecting a Tour, submitting the required information, agreeing to the terms of this Agreement by ticking the acceptance checkbox, and paying the Deposit.

This Agreement comes into force at the moment the Client’s Deposit is received by the Company. Upon formation of this Agreement, the Company shall send the Client a confirmation email containing the Appendix, the amount of Deposit received, and a copy of this Agreement.

By ticking the acceptance checkbox at the time of booking, the Client confirms that the Client has read, understood, and accepted the terms of this Agreement in full.

The Deposit shall be paid by the Client at the time of booking the Tour. The amount of the Deposit is set out in the description of the specific Tour on the Website and in the Appendix issued for the specific booking.

The Deposit constitutes a non-refundable early-booking rate. By paying the Deposit, the Client elects the non-refundable Deposit option in exchange for the Tour price fixed at the early-booking discount level as compared to the standard published price. The Client is expressly informed of the non-refundable nature of the Deposit prior to payment through a summary of the cancellation terms displayed on the booking checkout page and through a link to the full terms of this Agreement.

The Deposit also constitutes payment by the Client for the following services provided by the Company to the Client in connection with the booking of the Tour:

1. informational and consultation services in respect of visa matters, insurance, logistics, flights, transfers, and the itinerary and programme of the Tour, delivered by way of written materials, video materials, webinars, personal video calls, and correspondence via email and messaging applications;
2. services in respect of the arrangement and confirmation of the Tour booking;
3. preparation and provision of documents necessary for participation in the Tour, including a booking confirmation and a visa invitation letter (where applicable to the Client and to the destination);
4. administrative support of the Client during the period leading up to the commencement of the Tour.

Payment of the Deposit shall entitle the Client to have the Tour price locked in at the early-booking discount level published by the Company at the time of booking. In the event of any subsequent increase to published prices, the Client shall retain the right to pay the balance of the Tour price at the locked-in reduced amount.

The balance of the Tour price (being the total Tour price less the Deposit paid) shall be paid by the Client not later than the deadline set out in the Appendix to this Agreement for the specific booking, either by bank transfer or in cash upon arrival at the Tour location.

The Tour price is published by the Company on the Website in two variants: the standard price and the price with the early-booking discount. The early-booking discount shall apply where the Client satisfies both of the following conditions concurrently: (a) the Tour is booked no later than the deadline specified in the Tour description; and (b) the Deposit is paid in full at the time of booking.

Where both conditions in clause 5.1 are satisfied, the Tour price at the early-booking discount shall be locked in for the Client, irrespective of any subsequent changes to the prices published by the Company.

The Client may cancel the Tour booking at any time prior to the date of commencement of the Tour by sending written notice of cancellation to the Company.

Where the Client cancels the Tour booking more than 30 (thirty) calendar days prior to the date of commencement of the Tour, the amount of the Deposit shall be preserved for the Client’s benefit as a credit transferable to another Tour of the Company on other dates. The credit shall be valid for a period of 24 (twenty-four) months from the date of the originally booked Tour. The credit may be applied to another Tour of the Company at the same or a different price. Where the credit is applied to a Tour of a higher price, the Client shall pay the difference. Where the credit is applied to a Tour of a lower price, the difference shall neither be refunded in cash nor preserved for future use.

Where the Client cancels the Tour booking less than 30 (thirty) calendar days prior to the date of commencement of the Tour, the Deposit shall be retained by the Company in full without any right of transfer to another Tour.

The Deposit shall not be refunded to the Client in monetary form under any circumstances save for those expressly set out in Section 7 (Cancellation of the Tour by the Company) and Section 9 (Force Majeure and Unavoidable and Extraordinary Circumstances).

The credit for another Tour granted pursuant to clause 6.2 is not subject to financial protection in the event of the cessation of the Company’s business. The Client is informed of this position at the time of booking.

The Company may cancel the Tour prior to its commencement in the following circumstances:

1. insufficient number of Clients having booked the Tour (the minimum number is specified in the Appendix);
2. inability to ensure the safety of participants;
3. the occurrence of Force Majeure.

Where the Company cancels the Tour for reasons other than Force Majeure, the Client shall receive a full refund of amounts paid within 14 (fourteen) calendar days from the date of notification of cancellation.

Where the Company cancels the Tour for reasons other than Force Majeure and other than insufficient number of Clients, the Client shall additionally receive compensation of 5% (five per cent) of the Tour price by way of goodwill compensation.

The Company shall notify the Client of any cancellation of the Tour as soon as reasonably practicable. Where the cancellation is due to insufficient Client numbers, notice shall be given not later than 20 (twenty) calendar days prior to the date of commencement of the Tour.

The Client acknowledges that mountaineering, trekking and expedition tours are subject to conditions that may change and that may require modifications to the programme, route, itinerary, accommodation, transport, or personnel of the Tour.

The Company reserves the right to make minor corrections to the itinerary, route, programme, and accommodation arrangements as required by operational conditions. Minor corrections do not entitle the Client to any refund, credit, or compensation.

The Company reserves the right to make significant changes to the programme, including changes to the route, itinerary, planned summit attempts, or accommodation, where such changes are required for the safety of participants, or in response to weather, avalanche risk, altitude conditions, health of participants, conditions at the destination, or other operational reasons. Significant changes made for safety reasons do not entitle the Client to any refund, credit, or compensation.

The identity of the mountain guide or lead guide of the Tour is not guaranteed. The Company reserves the right to substitute guides for operational reasons including illness, injury, personal circumstances of a guide, or scheduling. All substitute guides shall meet the professional qualifications required for the Tour.

For the purposes of this Agreement, unavoidable and extraordinary circumstances (force majeure) means circumstances beyond the reasonable control of the parties, the consequences of which could not have been avoided even if all reasonable measures had been taken, and which significantly affect the ability to perform the Tour. Such circumstances include, without limitation: wars and armed conflicts; acts of terrorism; natural disasters (including earthquakes, floods, volcanic activity, and avalanche risk substantially exceeding that ordinarily encountered on the route); extreme weather conditions endangering the safety of participants; epidemics and pandemics; the imposition of governmental restrictions on entry, exit, movement or the conduct of tourism activities; failures of international payment systems preventing payment; and any other circumstances of a similar nature.

Where unavoidable and extraordinary circumstances arise at the destination of the Tour or in its immediate vicinity prior to the date of commencement of the Tour, the Client shall be entitled to cancel the booking without payment of any termination fee and shall receive a full refund of amounts paid within 14 (fourteen) calendar days from the date of cancellation.

Where unavoidable and extraordinary circumstances arise during the course of the Tour, the Company shall take reasonable measures to safeguard the safety of participants, including without limitation changes to the programme, evacuation, or termination of the Tour. The costs of any additional evacuation and repatriation shall be borne by the Client’s insurance.

Neither party shall be liable for any failure or delay in the performance of its obligations to the extent that such failure or delay is caused by unavoidable and extraordinary circumstances.

The Client shall obtain and maintain travel insurance in respect of the Tour which is adequate and appropriate to the nature of the activities included in the Tour and to the country or countries of destination.

The specific insurance requirements applicable to the Client’s Tour, including where relevant minimum cover levels, activity coverage and altitude coverage, are set out in the Appendix.

The Client shall provide the Company with a copy of the Client’s insurance certificate confirming compliance with the requirements not later than 21 (twenty-one) calendar days prior to the date of commencement of the Tour.

The Client acknowledges that in the event of injury, illness, evacuation, or repatriation during the Tour, costs shall be borne by the Client’s insurance in the first instance. The Client’s obligation to obtain and maintain insurance in accordance with this Section is a material term of this Agreement.

The Client acknowledges and accepts that mountaineering, trekking and expedition tours involve inherent risks that cannot be eliminated even with reasonable precautions. Such risks include but are not limited to: altitude-related illness (including acute mountain sickness, high-altitude pulmonary oedema, and high-altitude cerebral oedema); exposure to extreme weather; hypothermia and frostbite; avalanches, rockfall, and crevasse fall; injuries from falls and slips; equipment failure; delays due to weather or logistics; unavailability of prompt medical assistance in remote areas; and, in serious cases, permanent injury or death.

The Client acknowledges that participation in the Tour is voluntary and that the Client freely accepts the inherent risks specified in clause 11.1 and any other risks reasonably associated with the nature and location of the Tour.

Nothing in this Section excludes or limits the Company’s liability for death or personal injury caused by the Company’s negligence, in accordance with section 65 of the Consumer Rights Act 2015.

Prior to the commencement of the Tour, the Client shall be required to sign a separate risk acknowledgement document confirming the Client’s understanding and acceptance of the inherent risks. Refusal to sign the risk acknowledgement document constitutes cancellation of the Tour by the Client at that time, with the consequences specified in Section 6.

The Client shall be responsible for ensuring that the Client is in adequate health and physical condition to safely participate in the Tour. The Client shall obtain medical advice as necessary to confirm fitness for the specific Tour and destination altitude.

Prior to the commencement of the Tour, the Client shall complete and submit to the Company a health declaration confirming:

1. any medical conditions relevant to participation in the Tour;
2. any current medications;
3. confirmation that the Client has obtained medical advice as required for the Tour;
4. emergency contact details.

The Client shall disclose to the Company any changes in the Client’s health condition arising between the time of booking and the commencement of the Tour.

Where the Company reasonably considers that the Client’s health condition presents a material risk to the Client or to other participants of the Tour, the Company reserves the right to refuse the Client’s participation in the Tour or in specific activities within the Tour. In such circumstances, the consequences shall be as specified in Section 14.

The Client shall comply with the reasonable instructions of the mountain guide and other Tour leaders throughout the Tour, in particular in respect of matters affecting the safety of participants.

The Client shall not engage in conduct that:

1. endangers the safety of the Client or of other participants;
2. causes material distress or offence to other participants;
3. violates the laws or regulations of the country at the destination;
4. damages property of the Company, of third parties, or of other participants.

The Client shall not consume alcohol or non-prescribed substances that materially impair the Client’s judgement, reflexes, or physical capacity in circumstances where such impairment presents a safety risk during the Tour.

The Company reserves the right to remove the Client from the Tour or to prohibit the Client from participating in specific activities within the Tour in the following circumstances:

1. material breach by the Client of Section 13 (Client Conduct on the Tour);
2. the Client’s health condition presenting a material risk under clause 12.4;
3. the Client’s inability to safely complete the Tour due to physical condition, altitude tolerance, or other reasons where the Company reasonably considers that continued participation would present a safety risk to the Client or to other participants.

Where the Client is removed from the Tour under clause 14.1, the Client is not entitled to any refund, credit, or compensation, and any additional costs of the Client’s early departure, transport, accommodation, or repatriation shall be borne by the Client and the Client’s insurance.

Before removing the Client from the Tour, the Company shall give the Client reasonable notice where circumstances permit, save where immediate removal is necessary for safety reasons.

The Company shall perform the services included in this Agreement with reasonable care and skill.

The Company shall not be liable to the Client for any failure or delay in performance caused by:

1. the Client;
2. a third party unconnected with the provision of the travel services included in this Agreement, where such failure or delay was unforeseeable or unavoidable;
3. Force Majeure.

Subject to clauses 15.4 and 15.5, the Company’s liability to the Client for any breach of this Agreement shall not exceed three times the price of the Tour paid by the Client.

Nothing in this Agreement excludes or limits:

1. the Company’s liability for death or personal injury caused by the Company’s negligence, in accordance with section 65 of the Consumer Rights Act 2015;
2. the Company’s obligations under the Package Travel Regulations 2018 where applicable;
3. any other liability that cannot be excluded or limited under applicable law.

The Client’s rights under this Agreement are additional to any rights the Client may have under applicable consumer law, including the Consumer Rights Act 2015 and, where applicable, the Package Travel Regulations 2018.

Where the Client is dissatisfied with any aspect of the Tour, the Client shall inform the Company as soon as reasonably practicable, and in any event within 28 (twenty-eight) calendar days after the end of the Tour, by sending written notice to the Company’s contact address specified in this Agreement.

The Client agrees to raise any complaint directly with the Company first and to allow the Company a reasonable period of not less than 28 (twenty-eight) calendar days to respond, before publishing any public statement, review, or complaint regarding the Company or the Tour on any online platform, social media, or other public forum.

The Company shall investigate the complaint and respond to the Client in writing within 28 (twenty-eight) calendar days of receiving the complaint.

Where a complaint cannot be resolved through the Company’s internal complaints procedure, the Client may refer the dispute to alternative dispute resolution as specified in Section 22.

Where the Client recovers any amount from the Company under this Agreement in respect of a loss or damage, the Client shall not additionally recover the same loss or damage from any other party, including the Client’s travel insurer, the Client’s card issuer under section 75 of the Consumer Credit Act 1974 or under card scheme chargeback rules, the local tour operator, or any other third party service provider.

Where the Client has recovered any amount from any other party in respect of a loss or damage covered by this Agreement, the Client shall notify the Company of such recovery and shall assign to the Company any right of subrogation or contribution the Client may have against the party from whom the recovery was made, to the extent of any amount previously recovered from the Company in respect of the same loss.

The Client shall cooperate reasonably with the Company in respect of any subrogation or recovery action brought by the Company in respect of amounts paid to the Client under this Agreement.

The Company processes the Client’s personal information in accordance with the Company’s Privacy Policy published on the Website and in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018.

The Company shall retain the Client’s personal information for a period of 7 (seven) years from the end of the Tour, or such longer period as may be required by applicable law (including for tax, accounting, and financial reporting requirements) or for the defence of legal claims by or against the Company.

The Company may share the Client’s personal information with the local tour operator engaged for the Client’s booking (identified in the Appendix), the Client’s insurers, authorities requiring the information for visa or entry purposes, and service providers processing the information on behalf of the Company under appropriate data protection safeguards.

The Client’s rights in respect of the Client’s personal information (including access, rectification, erasure, and objection) are set out in the Company’s Privacy Policy.

The Client consents to the Company taking photographs and video recordings of the Client during the Tour for the purpose of promotional and marketing use by the Company, including publication on the Website, on social media, in brochures, and in other marketing materials.

The Client may opt out of the consent under clause 19.1 by giving written notice to the Company at any time. The opt-out shall apply prospectively from the date of receipt of the notice by the Company. The Company shall use reasonable endeavours to remove existing photographs and video recordings of the Client from active promotional use within a reasonable period following the opt-out.

The Company shall not use photographs or video recordings of the Client for any purpose other than as specified in clause 19.1 without the Client’s separate express consent.

The Client shall not disclose to third parties confidential operational details of the Company, including but not limited to: contact details of the local tour operator engaged for the Tour; guide compensation arrangements; supplier prices; internal cost structure of the Tour; commercial agreements between the Company and its suppliers; and other information marked or reasonably identifiable as commercially sensitive.

The obligation in clause 20.1 does not apply to information that: (a) is already publicly available through no breach of confidence by the Client; (b) is required to be disclosed by law or by a competent regulator; (c) is disclosed to the Client’s legal or professional advisers under an equivalent obligation of confidence.

This Agreement is governed by the laws of England and Wales.

Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales, subject to any mandatory rights the Client may have under applicable consumer protection law to bring proceedings in the courts of the Client’s country of habitual residence.

Where a dispute between the Client and the Company cannot be resolved through the Company’s internal complaints procedure specified in Section 16, the Client may seek resolution through alternative dispute resolution.

Information about alternative dispute resolution options available to the Client is provided by the Company on request.

All notices and communications between the parties under this Agreement shall be given in writing.

Notices from the Client to the Company shall be sent by email to info@elbrusclimbing.com, or by post to the Company’s registered office at 38 Princess Park Manor, Royal Drive, London, United Kingdom, N11 3FL.

Notices from the Company to the Client shall be sent by email to the email address provided by the Client at the time of booking, or such other email address as the Client may notify to the Company from time to time in writing.

The Client agrees that formal legal notices, including court process and originating documents in legal proceedings, may be served on the Client by email at the email address provided by the Client at the time of booking. Service by email shall be effective on transmission by the Company, subject to the Company retaining evidence of transmission.

Headings in this Agreement are for convenience only and do not affect its interpretation.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be treated as modified to the minimum extent necessary to make it valid and enforceable while giving effect to the parties’ commercial intention.

No failure or delay by the Company to exercise any right or remedy under this Agreement shall operate as a waiver of that right or remedy.

The Company may amend this Agreement from time to time. The version of the Agreement in force at the time of the Client’s booking (identified by version number) governs the Client’s booking. Amendments to the Agreement do not affect existing bookings without the Client’s consent.

The English language version of this Agreement is the authoritative version. Translations are provided for the Client’s convenience only. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

The Client may not assign or transfer this Agreement or any rights under it without the Company’s prior written consent, save that the Client may transfer the booking to another traveller in accordance with regulation 9 of the Package Travel Regulations 2018 where applicable.

This Agreement together with the Appendix constitutes the entire agreement between the parties in respect of the Tour and supersedes any prior representations, statements, or agreements not expressly incorporated in this Agreement.