Top Guides 2014 Ltd

Terms and Conditions 

1—Disclosure of Information
All participants on Top Guides trips must be as honest and transparent as possible about their experience and fitness prior to booking. 
Information provided for each Top Guides trip will have details outlining duration and conditions likely to be encountered.

 2—Fitness Failure
If participant(s) fails to meet minimum experience/fitness requirements then alternate objectives may be arranged and if participant(s) lack of fitness/ability severely affects the running of the trip then participant(s) will be asked to remain at a hut or other location for certain activities. 
If a client needs extra services due to lack of fitness and inability to continue with the trip, additional fees may apply.  The guide is the final arbiter in these decisions.  The client will be liable for his/her own accommodation/meal expenses outside the tour in such a case.

 3—Cancellation and Refund Policy
We accept no responsibility for illness or personal accidents, or evacuation costs if necessary. 
Accident Compensation may cover some accidents, but not illness.
Top Guides retain the option to cancel any trip when the safety of the client or guide is compromised. 
The lead guide or representative will make that decision and the decision will be final.
Where a client does not have the correct equipment and cannot obtain that equipment prior to the trip, or is judged to not be capable of the planned trip, Top Guides will attempt to offer the client an alternative adventure.  There will be no refund.
Where Top Guides cancel a trip for any reason prior to the trip starting the client will be offered an alternative trip or date or the fee refunded, less any cost incurred.
Once a trip has commenced there will be no refund.  The Lead Guide may modify the trip or end the trip completely if the conditions are not suitable to continue or the clients do not have the capacity or equipment to safely complete the trip.
· Cancellations received more than 30 days before departure: Full refund less the non-refundable deposit
· Cancellations received within 15 to 30 days of departure: 50% refund of the total trip price
· Cancellations received within 15 days of departure: No refund.
Credit / debit card and bank transaction fees are non-refundable.

 4—Changes
The operators reserve the right to alter, amend or cancel any tour should weather or any other situation demand this.  When you enroll for a mountain activity you are purchasing the services and professional judgement of your guide who will make the best decision at the time, taking into account the weather, the snow, ice and route conditions, and your abilities and fitness.  Top Guides can make no guarantee that you will achieve your goal, because of these varying factors safety has to be the primary consideration.  Trips with only  one guide have a ‘one turn, all turn’ policy - the group will not be separated.

 5—Severe Weather Effects
If a trip is severely affected by weather, a credit may be allowed on a future trip at Top Guides discretion.  No refund will be made.

 6—Deposit payment
Bookings will be confirmed on receipt of a deposit.  Deposit amounts will vary and there may be a non-refundable element depending on the type of booking/trip.  In some circumstances the full amount may be required on application.

 7—Balance payment
The remaining balance of the trip price (including any applicable discounts) is due 30 days prior to departure.

 8—Liability
While we do our best to minimise risk, we cannot eliminate it entirely.  Top Guides and it’s agents finalise all arrangements for these tours upon the express condition that they shall not be liable for loss of life, injury, illness, damage, loss, accident, delay or irregularity which may be occasioned either by reason of weather or any defect in any vehicle or aircraft or through the acts of default of any     company or persons engaged in conveying the passengers or carrying out of arrangements of the tours.  The New Zealand Accident Compensation scheme applies.  These conditions are subject to any rights or remedies a customer has under the Consumer Guarantees Act 1993, or any other New Zealand law.

 9—Liability Release
I realise that the activities offered, including; mountaineering, rock climbing, trekking, the travel to and from and within the activity locations provided by Top Guides, inherently involve risks which may result in property damage or loss, serious or fatal injury.  I acknowledge that rocks, cliffs, cornices, avalanches, crevasses, falling or equipment failure are an ever present hazard when mountaineering, trekking and travelling to and from and within the activity locations.  I hereby assume all risks and release all persons, entities or contractors connected with Top Guides from all liability for any injuries or damages and from any claim by me, my family, estate, agents, heirs or assigns arising in any way from my participation in all and any activities connected with Top Guides.  Top Guides accepts no responsibility for the actions of persons and/or companies supplying goods and/or services as part of their guiding company or any extra costs incurred due to delays or complications beyond their control. 
Top Guides reserves the right to cancel any trip at any point in time without any penalty to Top Guides 2014 Limited.

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