Terms of service

 

TERMS AND CONDITIONS

Please take the time to read and understand the terms and conditions of booking set out below prior to booking a trip or service with Archive Tours.

INTRODUCTION

All bookings are made with Archive Tours LLC acting as the trip operator and sales agent for the services and products to be supplied by principals.

What we supply to you is the arranging and co-ordinating of your accommodation, entertainment, activities, including lift tickets, and ancillary services. Please note that we are not acting as guides and are not providing guiding services as part of your trip. We are your host and will strive to make every effort to maximize the enjoyment of your trip.

Accordingly, all tickets, vouchers, coupons and other service orders are issued subject not only to the general terms and conditions applying to our transactions but also upon those terms and conditions upon which the transportation, accommodation, activities, entertainment, or other services or products are supplied (which constitutes the entire agreement between you and us).

It is the customer’s responsibility to make themselves aware of those other terms and conditions.

When relevant the supply of a particular service or product and shall be governed by the regulations and by-laws of the applicable law in the country in which the service or product is supplied.

All bookings are subject to availability.

ACCEPTANCE OF BOOKINGS

Upon purchasing your trip a contract will exist between you and us from the date we issue you a payment receipt / invoice. Archive Tours and/or its agents reserve the right, without notice, to modify, cancel or withdraw any of the arrangements and in this event the full amounts paid will be returned to the customer, and upon rendering the same, all liability of Archive Tours and/or its agents in respect thereof shall cease. Archive Tours and/or its agents reserve the right to decline to accept or retain any person as a member of any party at any time.

DEPOSIT PAYMENTS

A deposit of 15% per person is payable at the time of booking, unless otherwise stated. All deposits are considered NON-REFUNDABLE under any and all circumstances. You may also elect to pay in full at the time of booking.

BALANCE PAYMENTS

If you choose to use our deposit option to purchase your trip, your balance must be paid in full on the date designated during checkout or 90 days prior to arrival.

STANDARD CANCELLATION FEES

Cancellations made within 90 days of arrival (as listed on your trip purchase page) will incur a 90% cancellation fee. Cancellations made outside of 90 days before arrival will incur a 50% cancellation fee.

We do not offer any returns, exchanges, or refunds (full or partial) outside of this policy. All sales are final at the time of purchase.

Insurance covering cancellation is strongly advised as some cancellation penalties are strict.

AMENDMENT FEE

In the event an amendment request is approved (such as switching to a different trip, or trip on a different date) a $50 amendment fee will be charged.

CREDIT CARD CHARGES

All credit cards incur a surcharge (typically 3%).  If cancellations are made, the merchant fee will not be refunded.

PRICES AND SURCHARGES

All rates shown are per person, unless otherwise specified and our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability.

NOT INCLUDED IN COST OF TOURS OR SERVICES

Cost of passports, and visas where required, items not specified as being included, airport taxes where applicable, laundry, security deposits, telephone calls, food not included on regular menus, ski or equipment rental, and any other item of a personal nature.

PASSPORTS AND VISAS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates and insurance policies. Your passport must be valid 6 months after the last date of travel as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.

YOUR DETAILS

For us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form which will be provided to you by Archive Tours. For more information about how we treat your personal information please refer to our Privacy Policy.

Information relating to your trip. You are strongly advised to take out cancellation insurance at the time of booking. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made.

SNOW CONDITIONS

It should be understood Archive Tours cannot under any circumstances be held responsible for snow conditions. No trip can be cancelled, altered or amended by you on the basis of weather conditions.

GHOST OPS TOURS

While Ghost Ops tours are designed to be exclusive and experimental, they may be made available to the general public at Archive Tours discretion.

CANCELLATION BY ARCHIVE TOURS

Archive Tours reserves the right to cancel any tour before it is confirmed to run. A tour is confirmed to run once it has reached the minimum participants required as defined by Archive Tours. This applies to all tours. Archive Tours reserves the right to cancel any tour prior to departure, including a confirmed tour, due to circumstances beyond our control.

If this occurs, you will be given the option of changing to another tour or receiving a full refund. If you choose an alternative tour and it is at a lower value than your original tour you will be refunded the difference. If the alternative tour is of a higher value, then you will pay the difference in price.

In such circumstances there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

CANCELLATION BY FORCE MAJEURE

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.

AGE & HEALTH REQUIREMENTS

Minimum Age: For our trips the minimum age is the minimum legal drinking age in the country of your trip (typically 20 or 21 years of age).

Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

Please refer to any Essential Information that relates to your tour. 

ADDITIONAL TERMS AND WAIVERS

Due to the nature of some of our retreats, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/or a release form to a third-party supplier who is helping to run your trip.

TRAVEL INSURANCE

Travel insurance is recommended for all our travelers and should be taken out at the time of booking. Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of USD$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.

CHANGE OF ITINERARY

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to your most recent communication with Archive Tours for the most up to date information about your trip and itinerary.

Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. 

After departure: We reserve the right to change an itinerary after departure due to local circumstances, such as snow and weather conditions, or a Force Majeure Event. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries including but not limited to visas, vaccinations or non-refundable flights.

ACCOMMODATIONS

If a change becomes necessary for any reason, including additional departures on the same date and/or hotel location changes, the accommodations substituted will be equivalent to those represented on the website. Every effort is made to reserve only twin-bedded rooms. Occasionally, some accommodations will only provide double-bedded rooms. These rooms will be allocated to couples. Please note that accommodation check-in times vary worldwide.

AUTHORITY DURING THE RETREAT

Our trips are run by a host leaders. The decision of the host leader is final on all matters likely to affect the safety or well-being of any traveller or host participating in the trip. If you fail to comply with a decision made by a host leader or interfere with the well-being or mobility of the group, the host leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.

ACCEPTANCE OF RISK

You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.

Snowboarding, skiing or any adventure activity can involve certain hazards, including sudden weather changes and avalanches. All clients need to realize there is no absolute guarantee of safety. Archive Tours and its contractors maintain the right not to run an activity if the circumstances make the activity too dangerous. Archive Tours and its contractor’s will take all practical steps to minimize risk. However, Archive Tours and its contractors accepts no liability for death, injuries or illness incurred during your trip. Nor do we accept responsibility for any service provided by any other tourist operators.

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

OPTIONAL ACTIVITIES

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your host in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

CLAIMS AND COMPLAINTS

If you have a complaint about your trip please inform your host at the time so that they can attempt to rectify the matter.

After returning from your trip, if you wish further inquire about any services provided, please ensure that all correspondence relating to those services is received by Archive Tours via email. Any complaint or claim involving the retreat services offered on the website must be notified to Archive Tours within 30 days of the tour completion, except where such time limitations are prohibited by law.

As it is difficult and sometimes impossible to properly investigate a complaint if Archive Tours is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause. In the event of a problem or complaint involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the tour participant, Archive Tours must receive the complaint while on the trip or within 30 days of trip completion.

SEVERABILITY

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

PRIVACY POLICY

Any personal information that we collect about you will be handled in accordance with our Privacy Policy and may be used for any purpose associated with the operation of a trip. In making this booking you consent to this information being passed on to the relevant persons such as our agents, service providers or other suppliers to enable us to operate the trip or, if permitted by any relevant Spam laws, to send you marketing material in relation to our events and special offers. You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.

PHOTOGRAPHS OR VIDEOS

Photographs or videos appearing on the web site should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the web pages may not reflect the actual tour routing should the itinerary change.

MODEL RELEASE

All Participants agree to usage of photos and videos taken while on trips with Archive Tours and its affiliates, for the sole promotion of future Archive Tours business. If you do not wish to have your likeness used, we require written confirmation, prior to departure on your trip.

APPLICABLE LAW

The laws of Colorado in the United States govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of the state of Colorado.

LIABILITY AND SERVICE GUARANTEE

Our services which include our retreats/tours (“Services”) may come with guarantees that cannot be excluded under US Consumer Law.

To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or willful misconduct.

(Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.

(Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:

(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or willful misconduct.

(Third parties) We work with a network of companies, activity providers, tour and local guides, independent contractors and individuals to assist in the running of our trips. (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms and conditions. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party. (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.