Terms and Conditions
1 – Conditions
1.1. Peakshunter Mountain Guides, as organiser of the outdoor activities, promotes and sells guided activities on mountains at high altitude, summits and mountaineering itineraries, climbing routes (equipped and non equipped) on rock and/or ice, stage and courses, ski touring and hiking tours and adventure travels, thanks to the professional collaboration with Mountain Guides and Aspiring Mountain Guides IFMGA-certified as well as other professional figures operating in the outdoor sector, as qualified and certified guided such as: Interpretive Nature Guides (AIGAE and/or UIMLA certified) and Mountain Bike Instructors.
1.2. Peakshunter Mountain Guides, below denominated as “Organiser”, carries out the activity of planning, promotion, organisation and execution of the mentioned outdoor activities, taking personally care of extra services reservation and of booking assistance for the Customer, by way of example and not exhaustive: reservation of the lift facilities, booking of accommodations (such as mountain huts, B&Bs, hotels and similars), supply and/or rental of the technical personal gear and safety equipment mandatory to carry out the activity, transfer by private transport (e.g. taxi, van, etc..). The Organiser is the only holder of the contractual relationship with the Customer, of which is the curator of any commercial, informative and administrative aspect.
1.3. The Organiser is involved in the promotion of training initiatives, safety and risk management courses, including practices for the correct use of personal safety and technical equipment, standard procedures in case of emergency and self-rescue, in collaboration with the partner brands.
1.4 The Organiser’s activities adhere to the principles of correctness, integrity, lawfulness and transparency.
1.4.1. In the carrying out of the activities within its competence, the Organiser must scrupulously comply with UE, national and local legislation applicable in the touristic sector of reference. Therefore it bases its work on the principles of honesty and correctness in the relationship with the customers, whose confidentiality of data safeguards diligently. Those data cannot be published or diffused without a previous written authorization signed by the parties, and they can’t be used for different aims than the ones agreed by the stakeholders themselves.
1.4.2. The Organiser bases its activities on a general principle of transparency, that is founded on the communication and information to the Customer and represents a central parameter in order to evaluate the reliability of the operator. The Customer will be provided with detailed information regarding the planned activity, the additional services included, the risk profile and the cost details; we will also take care of the communication with the client both during the planning and the organisation and the carrying out of the activity.
1.4.3. During the carrying out of the activity and in the exercise of its responsibilities, the Organiser and all its professional partners, observe, in the relationship with the Customer, general professional rules, with a peculiar focus on deontological and ethical conduct regulation.
1.5. During the carrying out of the activities, the Organiser follows standard operative modalities defined with the agreement of the leading Mountain Guides, in order to set up an efficient decisional and organisational process. This is necessary to provide the Customer with the best support possible during the planned activities and to offer them an experience that meets their expectations.
1.6. The Organiser provides the customer with organisational and logistic services based on high quality levels; the aim of the Organiser, fist of all, is to guarantee the Customer the experience of high altitude climbing, with the support of a professional in outdoor mountain activities with specific competences. Therefore, we invite the Customer to reflect upon the fact that the priority of the Organiser is to ensure to the Customer the positivity of the outdoor experience, considering the risk management related to its performance in a mountainous context, with contingent weather conditions and consequent logistical and organisational complexities, taking care, always and in any event, of safety as a priority rather than the achievement of the the goal (summit or final destination), especially and particularly when the activity takes place at high altitude or in a glacial alpine environment.
2 – Regulations and privacy policies
2.1. During the carrying out of the activity and in the exercise of its responsibilities, the Organiser applies the national sector regulation, according to the EU legislation: D.lgs. 23.05.2011, n. 79 (Tourism Code), as modified by L. 23.12.2021, n. 238.
2.2. All the data provided by the customer are processed according to the Code for the processing of personal data (D.lgs. 30.06.2003 n. 196), coordinated and updated with the amendments made by D.L. 08.10.2021 n. 139, converted in law with amendments by the L. 03.12.2021 n. 205 and by the D.lgs. 10.03.2023 n. 24.
2.3. The Organiser guarantees the privacy of the data provided by the Customer, that cannot, for any reason, be used and published for different purposes than the ones connected to the performance of the professional service agreed by the parties.
2.4. The Organiser ensures the maximum confidentiality of the data provided to us through: Peakshunter Mountain Guides website, social media and the related booking platforms; all the documents and the informative read and filled by the Customer and every other papers with personal information and the sensitive data will not be used for different reasons than the ones for which they have been transmitted by the data controller, i.e published or disclosed to third parties without a previous written authorization coming from the Customer.
2.5. The photos and the videos taken during the outdoor activities, can be published for promotional and informative purposes on Peakshunter Mountain Guides website, on digital platforms and/or related social media, only with the prior consent of the data controller, requested and authorised before the activity by a special forms sent to all the Customers and signed by them.
3 – Insurances
3.1. During the carrying out of the outdoor activities, the Customer is covered by the liability professional insurance of the Mountain Guide or of the guiding professional in charge. This insurance covers any damages incurred by the customer and caused by the negligent conduct of the professional. In view of the above, the Organiser suggests the Customer to conclude a personal insurance contract, to cover any damages that could incur during the planned activity, with possible additional health and welfare cover in case of necessity, to be activated at the discretion of the Customer.
3.2. For the days of carrying out the outdoor activities (daily trips or tours) the Organiser suggests to the Customer to activate a specific rescue insurance for the research and rescue in case of emergency. This temporary research and rescue insurance, with UVGAM coverage, is recommended and can be activated directly by the Customer, a few days before the departure, at the following link. The Customer must fill out a form with their personal information and select the duration of cover, depending on the planned tour, by personally taking out the policy with the insurance company by credit card payment. In the event of a rescue call, the Customer without this kind of insurance can be liable for all costs that may incur. The Organiser recommends the Customer with personal private insurance to check in advance whether rescue services are already included in their policy and covered in case of need.
4 – Pricing and contractual conditions
4.1. The carrying out conditions for the planned activities and their tariff are detailed both in the policies and in the contractual papers sent to the customer, as well as in the description of the contents published on Peakshunter Mountain Guides website and in other related digital platforms.
4.2. All programs have the tariff details in their description, inclusive of assistance of a certified professional (such as Mountain Guides and Aspiring Mountain Guides IFMGA-certified, Interpretive Nature Guides AIGAE and/or UIMLA certified and other professional figures operating in the outdoor sector), liability professional insurance and any other accessory services, detailed under heading “The rate includes”.
4.3. All the not-included costs, strictly related to the carrying out of the booked activity, are detailed under heading “The rate does not include” and has to be charged to the Customer, to be paid directly on site. These costs are related to accommodation expenses (mountain huts, B&B, hotels, etc. – if not included), reservation and costs for accommodation before and after the trip/tour, tickets for lift facilities (if not included), transfer/transport services, extra meals expenses and any other service mentioned in this section.
4.4. The Mountain Guide’s extra expenses related to board and lodging (mountain huts, B&B, hotels, restaurants, etc.); tickets for lift facilities; expenses related to private car/van transfers, together with the Customer, and any other detailed expenses, are charged to the Customer, and in the event of group departures, to all participants, to be equally shared.
4.5. A list of the technical equipment, safety gear and recommended clothing is indicated in each activity description. In some of these activities, if mentioned previously, the tariff also includes the loan of the technical personal equipment, provided by the Organiser (e.g. mountaineering harness, helmet, ice-axe, crampons, beacon/transceiver, shovel, probe, hiking poles, etc.).
4.6. Personal technical equipment is provided by the Mountain Guide at the meeting point, on the day of the trip departure. The Customer is responsible for the correct use of the technical equipment provided, on loan or for rental, and must return it to the Mountain Guide at the end of the trip.
4.7. In the event of damage or lost, all the costs are refunded by the Customer and paid directly on site. The Organiser requests a refund based on the official sales cost applied by the brand supplier, or, in case of the unavailability of the equipment in the catalogue, by other suppliers of the same equipment. As an alternative, at last resort, the Organiser can deduct from the deposit the amount corresponding to the value of the lost or damaged equipment.
4.8. For activities with a total price below €700, full payment is required at the time of booking. For activities with a total price exceeding €700, a deposit corresponding to at least 30% of the total participation fee shall be paid at the time of the booking request.
Payment of the required amount constitutes a necessary condition for initiating the booking confirmation process but does not automatically create a final and binding confirmation of the activity. Final confirmation remains subject to operational verification by the Organiser and all relevant third-party suppliers involved in the delivery of the activity.
A booking shall be considered definitively confirmed only upon written confirmation issued by the Organiser following completion of all necessary operational checks.
Should administrative errors, overbooking situations, supplier unavailability, conflicts between booking channels or any other circumstance prevent the Organiser from confirming the activity, the Organiser reserves the right to cancel the booking request and refund any amounts paid by the Customer, without any further liability or compensation obligation.
For confirmed activities, the remaining balance must be paid no later than 45 days before departure. Failure to pay the balance within the specified deadline may result in cancellation of the booking, without any obligation on the part of the Organiser to refund the deposit already paid.
4.9. Technical and Physical Requirements of the Client
Before booking and participating in an activity, the Client is required to review the technical, physical and experience requirements specified by the Organiser in the description of the relevant activity and to carefully assess their own level of preparation against those requirements.
Where requested by the Organiser, the Client must provide truthful, complete and up-to-date information regarding their experience, technical ability and physical fitness, as well as any other relevant information necessary for a preliminary assessment of the suitability of the requested activity.
The Client acknowledges that any preliminary assessment of their suitability made by the Organiser before the activity is necessarily indicative, as it is based on information provided by the Client and on elements that do not allow the Organiser to directly and fully assess the Client’s actual technical and physical abilities, acclimatisation, pace of progression, or ability to operate in the specific environment in which the activity will take place. Such preliminary assessment therefore does not constitute a guarantee that the Client is suitable to start, continue or complete the planned activity.
The assessment of whether the Client can safely start, continue or complete the activity in the conditions actually encountered is entrusted to the technical and professional judgement of the Mountain Guide present on the terrain, in accordance with Article 6.1.
4.10. Duty to Communicate During the Activity
During the activity, the Client must promptly inform the Mountain Guide of any difficulty or relevant circumstance that may affect their ability to continue the activity or their safety.
The Client must also inform the Organiser, without undue delay and taking into account the circumstances of the case, of any lack of conformity identified during the performance of the services included in the package, so as to allow the Organiser to assess the matter and, where required under applicable law, remedy it.
5 – Cancellation, Withdrawal and Extraordinary or Operational Circumstances
5.0. Final Booking Confirmation and Operational Verification.
A booking remains subject to final operational verification by the Organiser and any third-party suppliers involved in the delivery of the activity, including but not limited to Mountain Guides, accommodation providers, mountain huts, lift facilities, transport providers, equipment rental companies, commercial partners and any other service providers necessary for the execution of the programme.
The Organiser reserves the right to amend, postpone or cancel a booking, including after an initial confirmation has been issued, in the event of administrative errors, overbooking, conflicting availability across different sales channels, supplier unavailability, logistical constraints, force majeure events, or any other circumstance that makes the planned activity impossible or unreasonably difficult to operate.
In such circumstances, the Customer shall be entitled solely to the reimbursement of the amounts paid directly to the Organiser, subject to any non-refundable third-party costs expressly provided for in these Terms and Conditions.
The Organiser shall not be liable for any indirect, consequential or incidental losses or expenses incurred by the Customer, including but not limited to flights, accommodation, vehicle rental, travel arrangements, insurance policies, loss of earnings, loss of holiday enjoyment or any other personal travel-related expenses.
5.1. If booking a tour/activity more than 30 days earlier than the date of departure, the Customer will have a 48-hour span after booking confirmation to cancel the registration and receive a full refund without any deductions.
5.2 After that period of time, if the customer decides to cancel the tour/activity, or to ask to modify the date of the same, they will have the possibility to do so in accordance with the following indemnity scheme.
– 100% refunded, if the cancellation is notified to the Organiser, in writing by specific email to info@peakshunter.com, up to 60 days before the first day of the tour/activity (departure day). The Organiser will retain the 3% of the total amount as an administration fee, non refundable, to which will be added (even in case of postponement of the activity, with the issue of a voucher) the 6% of the total amount for the booking costs of extra services (such as accommodation facilities, ski lift tickets, transfers and similar) and the eventual non-reimbursable expenses paid by the Guide in order to organise the tour/activity.
– 75% refunded, if the cancellation is notified to the Organiser, in writing by specific email to info@peakshunter.com, between 59 and 30 days before the first day of the tour/activity (departure day), deducted the 3% of the total amount as an administration fee, non refundable, to which will be added (even in case of postponement of the activity, with the issue of a voucher) the 6% of the total amount for the booking costs of extra services (such as accommodation facilities, ski lift tickets, transfers and similar) and the eventual non-reimbursable expenses paid by the Guide in order to organise the tour/activity.
– 50% refunded, if the cancellation is notified to the Organiser, in writing by specific email to info@peakshunter.com, between 29 and 21 days before the first day of the tour/activity (departure day), deducted the 3% of the total amount as an administration fee, non refundable, to which will be added (even in case of postponement of the activity, with the issue of a voucher) the 6% of the total amount for the booking costs of extra services (such as accommodation facilities, ski lift tickets, transfers and similar) and the eventual non-reimbursable expenses paid by the Guide in order to organise the tour/activity.
– 0% refunded, if the cancellation is notified in writing by email to info@peakshunter.com less than 21 days before the first day of the tour/activity (departure day).
5.3. In the event of withdrawal by the Customer, or in the event of request of change of the date of the activity already booked and confirmed to the Organiser, the non-refundable fees that will be deducted from the refund include the following items:
- administration fee: 3% of the total price (tariff of the tour/activity)
- support service fee: 5% of the total price (tariff of the tour/activity)
- the eventual non-reimbursable expenses paid by the Organiser in order to organise the tour/activity (accommodation, administration expenses, organisation costs, advance deposits for facilities reservation services, etc.), to be defined at the moment of the Customer’s request for cancellation
- credit card fee, corresponding to 6% of the total amount paid via credit card by the Customer
- any other fee that had been already mentioned to the Customer as non-refundable before the booking.
5.4 Considering the unpredictability and variability of weather conditions and their impact on outdoor activities, particularly in mountainous and high-altitude environments, in the days immediately preceding the trip, the leading Mountain Guide, or accompanying professional, provides accurate information about the weather forecast and the itinerary conditions (temperatures, wind, snow conditions…). In order to guarantee the maximum safety during their professional working, the Mountain Guide, or accompanying professional, could decide to cancel the trip due to bad weather, forecasts and environmental or weather conditions and/or specific contingent situations not deemed suitable to carry the activity on the planned itinerary.
The Organiser shall retain the same right to amend, postpone or cancel an activity in the event of logistical issues, supplier unavailability, overbooking situations, administrative errors, capacity limitations, accommodation shortages or any other extraordinary operational circumstance that makes the activity impossible or unsafe to deliver as originally planned.
5.5 In case of bad weather resulting in the cancellation of the activity for safety reasons, the Organiser offers the following options to the Customer:
– OPTION A | delay the trip and move it to another date, depending on the accompanying professional’s and the client’s availability;
– OPTION B | propose an alternative option with a similar technical level and physical effort to the one cancelled (“PLAN B”), to take place in the original dates, but in a different area with better conditions and forecast (where this option is possible and preferable, to ensure greater safety to the Customer).
– OPTION C | issuance of a voucher, valid for 1 year from the date of issue, to be spent for one among all outdoor activities (private or group trips, courses or training stages, peaks or travels) available in Peakshunter Mountain Guides’ programming. By the expiry date of the voucher, the customer shall be entitled to use it if registered for one of the scheduled activities or a private trip; in the event of cancellation, the possibility of using the voucher shall be automatically cancelled and the customer shall not be entitled to claim any reimbursement.
As a last resort, the contract may be terminated without any additional costs and with a refund of all the payments already made, with a deduction of the non refundable fees mentioned at 5.3.
5.6. In case of cancellation by the Organiser due to unavoidable and extraordinary circumstances, the following costs will not be, however, refundable:
– the 3% of the total amount as an administration fee, to which will be added (even in case of postponement of the activity, with the issue of a voucher) the 5% of the total amount for the booking costs of extra services (such as accommodation facilities, ski lift tickets, transfers and similar) and the eventual non-reimbursable expenses paid by the Guide in order to organise the tour/activity.
– the extra services not-refundable costs paid by the Organiser (e.g. booking service assistance, mountain huts/hotels/accommodations reservation charges or tickets facilities pre-booking fee, transfer fee, transport or hiring of any gear), provided by third parties, in reason of any applied penalties.
5.6.1. Under no circumstances shall the Organiser be liable for reimbursing costs independently incurred by the Customer with third parties, including but not limited to airline tickets, train tickets, hotel reservations, vehicle rental, private transfers, travel insurance, equipment purchases, visa expenses or any other travel-related expenditure.
Customers are strongly advised to purchase appropriate travel insurance covering trip cancellation, interruption, curtailment and other travel-related risks.
5.7. Replacement of the Mountain Guide or Accompanying Professional
Unless the appointment of a specific professional has been expressly agreed as an essential element of the booking, the assignment of the Mountain Guide or accompanying professional responsible for carrying out the activity does not constitute a guarantee that a specific individual will provide the service.
The Organiser therefore reserves the right to replace the Mountain Guide or professional originally assigned where this becomes necessary or reasonably appropriate due to unforeseen circumstances or operational requirements, including, by way of example and without limitation, illness, injury, personal or professional unavailability, logistical impediments, changes to the dates or programme, weather or environmental conditions, or any other circumstances affecting the availability of the professional originally assigned.
In such cases, the Organiser shall, where reasonably possible, arrange for a replacement professional holding the qualifications and certifications required to carry out the planned activity.
Where the replacement of the professional does not result in a substantial change to the main characteristics of the services covered by the contract, such replacement shall not, in itself, entitle the Client to cancel the booking, obtain a price reduction, or receive a refund of the amounts paid.
This provision is without prejudice to any mandatory rights granted to the Client under applicable law.
6 – Changes and Interruptions During the Activity
6.1. The Guide’s Technical and Professional Autonomy
During the activity, the Mountain Guide or other professional responsible for leading the activity shall exercise independent technical and professional judgement in making the decisions necessary for the conduct of the activity and the management of safety on the terrain.
For this purpose, the Guide may modify the itinerary, the objectives for the day, the methods of progression, the timing and logistical arrangements of the programme, and may also decide to interrupt or not to continue all or part of the planned activity where this is considered necessary or reasonably appropriate in light of weather and environmental conditions, mountain and terrain conditions, unforeseen circumstances, as well as the participants’ technical abilities, physical fitness, acclimatisation, physical and psychological condition, and pace of progression as actually observed during the activity.
Such assessments are entrusted to the technical and professional judgement of the Guide present on the terrain and shall be made with priority given to the safety of the participants over reaching the summit, destination or objective originally planned.
The Organiser’s responsibility for the performance of the travel services included in the contract remains unaffected, within the limits and in accordance with applicable law.
6.2. Nature of the Guide’s Services and Objective of the Activity
In the context of mountaineering and outdoor activities, the Client purchases the Guide’s professional guiding services in relation to the planned activity or ascent, and not a guarantee of reaching a summit or destination or of completing a specific itinerary.
The Guide’s professional service consists of accompanying the Client and professionally assessing and managing the risks associated with the activity, making such technical and professional decisions as are considered appropriate in light of the circumstances actually encountered during the activity.
The Client acknowledges that mountaineering and outdoor activities take place in natural environments and are subject to objective and subjective variables that cannot be fully predicted or controlled, including those referred to in Article 6.1.
Accordingly, changes to the itinerary or objective, an early return, or the interruption of the activity decided by the Guide in the exercise of their technical and professional judgement pursuant to Article 6.1 shall not, solely as a result of the planned objective not being reached or the itinerary not being completed, give rise to any right to a refund of the Guide’s services.
Any mandatory rights afforded to the Client under applicable law remain unaffected.
6.3. Voluntary Withdrawal or Discontinuation by the Client
Where, after the activity has commenced, the Client voluntarily decides to discontinue the programme, return early, withdraw from one or more planned activities, or otherwise not to continue the activity, any services not used as a result of that decision shall not be refundable.
Any additional costs arising from the Client’s decision shall also be borne by the Client, including, by way of example, transport, transfers, lift tickets, meals or accommodation.
The above is without prejudice to any mandatory rights that may be afforded to the Client under applicable law in the event of a lack of conformity in the performance of the services.
6.4. Third-Party Services and Non-Recoverable Costs
Services included in the package and provided by third parties, including, by way of example, mountain hut or hotel accommodation, lift tickets, transfers and other ancillary services, shall be subject to the cancellation and refund terms applied by the relevant providers.
Where, as a result of a change, early return or interruption of the activity pursuant to the preceding Articles, such services are not used and the relevant costs cannot be recovered by the Organiser, those costs shall not be refundable to the Client, without prejudice to any mandatory provisions of applicable law.