Powder Road Trips Western Canada
Canada: British Columbia
Ski the legendary slopes of Canada’s top resorts and experience the best of the west with a powder road trip and visit them all!
GENERAL TERMS & CONDITIONS
The following General Terms & Conditions form the basis of your relationship with LUEX (legal entity: LineUpEXplorers GmbH) as an Agency. Please read them carefully as they set out our bilateral respective rights and obligations. These General Terms & Conditions apply to all bookings of individual travel components or services that you make with LUEX as set out in more detail herein.
References to "you" and "your" in these General Terms & Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date). “Group leader” shall mean the person which is making a booking by using our platform. “We” “us” and “our” means LUEX (legal entity: LineUpEXplorers GmbH). "Supplier" shall mean the party that owns, manages and/or operates the travel components or services.
YOUR TRAVEL COMPONENT BOOKING AND CONTRACT
To confirm a booking, the party leader must be authorized to make the booking on the basis of these General Terms & Conditions as well as the General Terms & Conditions of the supplier concerned by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making the booking, the party leader confirms that he/she is so authorized. The party leader is responsible for making all payments due to us or the supplier concerned. The party leader must be at least 18 when the booking is made.
Once we have received your booking, we will, subject to availability, confirm your arrangements on behalf of the supplier concerned by issuing a confirmation. This confirmation will be sent to the party leader. Please check this confirmation carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We will take no responsibility for any errors in any documentation except where those errors are caused by us. Subject to this, we regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 5 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
A binding contract between you and the supplier concerned comes into existence when we send your confirmation on the supplier’s behalf to the party leader and the terms and conditions of the supplier, in addition to these conditions, will be applicable to the contract.
LUEX THE AGENCY
LUEX – the agency - offers and sells individual travel components and services separately to you. As an Agency we do not sell or offer for sale any packages, act as an organizer or tour operator within the meaning of Sec. 651a ff. BGB and Sec. 651a ff. BGB's regulations do not apply to any booking you may make. We act as an agent only in respect of all bookings we take or make on your behalf. For all bookings your contract will be established directly between you and the supplier of the travel components or services and no contractual relationship between you and Lineupexplorers shall be established. You understand that where you have chosen more than one travel component or service, you will be entering into multiple contracts. As an agency we accept no liability in relation to any contract you enter into or for any travel components such as accommodation and/or transfers (“arrangements”) and/or any other travel services that you book or for the acts or omissions of any accommodation and/or transfer provider (“supplier(s)”) or other person(s) or party(ies) connected with the arrangements. The supplier's general terms & conditions, the supplier’s travel package description on our website and the individual offer description we have set up for you on behalf of the supplier will apply to your contract with the supplier. Copies of supplier's general terms & conditions and the supplier’s travel package description are to be found on the trip detail pages of our website. If no supplier general terms & conditions are to be found common travel laws will apply. Alternatively we will endeavor (but undertake no liability to do so) to make copies of the terms and conditions of the contracts you enter into available to you at your request. If the supplier terms are contradictory to the terms below then the terms below overrule the supplier terms.
All communications relating to your booking must be sent to us by email by the party leader quoting the booking reference.
If you make a booking more than 60 days (Surf) or 90 days (Snow) before you are due to arrive at your booked accommodation or before the first service of your booked travel starts, you must pay a deposit of 20% (Surf) or 30% (Snow) of the total booking value. If your booking is subject to such a deposit payment, you must pay us the balance 60 days (Surf) or 90 days (Snow) before departure. If your booking is made less than 60 days (Surf) or 90 days (Snow) before you are due to arrive at your accommodation, full payment is required at the time of booking. If we do not receive all payments due in full and on time, we are entitled to assume (on behalf of the supplier(s) concerned) that you wish to cancel your booking. In this case, we will be entitled to keep all monies paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled on behalf of the supplier(s) concerned. Payment for incidental extras (e.g. mini bars, telephone charges, etc.) must be made directly to the accommodation provider before you check out.
As we act only as agent for the supplier(s) concerned, we reserve the right to pass on to you in full all additional costs and charges of whatever nature imposed by the supplier(s) in accordance with its own terms and conditions.
BEST PRICE GUARANTEE
We want you to pay the lowest price possible for your travel component or service. Should you find your hotel room, with the same booking conditions, at a lower rate on the Internet after you have made a booking through us, we will match the difference between our rate and the lower rate under the terms and conditions of our Best Price Guarantee.
If you have any special requests (for example dietary requirements, baby cots, room locations) please advise us at the time of booking. We will pass on all such requests to the supplier(s) of the arrangements you have booked, but unfortunately we cannot guarantee that they will be met. Confirmation that a special request has been noted or passed on to the supplier(s) or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met and the request will not become a contractual obligation of the supplier concerned. Unless and until specifically confirmed, all special requests are subject to availability. Further, if the supplier(s) is unable to meet any such requests, neither we, nor they, will have any liability to you in this respect.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. * Please note, cots and other special requests may only be available at an extra charge unless otherwise expressly stated in the description of the accommodation/arrangement in question.
If you or any member of your party has any medical problem or disability which may affect your booking, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give full details in writing at the time of booking. If we or the supplier reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right on behalf of the supplier(s) concerned to decline their reservation or, if full details are not given at the time of booking, cancel the contract on behalf of the supplier(s) concerned when we become aware of these details.
IF YOU WISH TO MAKE CHANGES TO YOUR BOOKING
Should you wish to make an amendment to your booking after it has been confirmed you must advise us as soon as possible. Whilst we will try to assist you we regret amendment requests cannot always be met. Where an amendment can be made, any costs incurred by ourselves and any costs or charges incurred or imposed by any of the suppliers of your arrangements need to be paid by you. The minimum fee for booking amendments is 50 EUR.
If you change the number of people booked, the total price of your booking will be re-calculated for the new party size. If for example the party is reduced in number, this may mean that any accommodation you have booked is under-occupied and each of the remainder of the party may have to pay more. If you wish to make any change to the booking while on holiday (e.g. upgrading accommodation or extending your stay), all requests are subject to availability and any extra cost must be paid immediately.
IF YOU CANCEL YOUR BOOKING
If you wish to cancel a confirmed booking, you must advise us as soon as possible. Cancellation charges will apply and will be calculated as set out in the table below:
If cancellation is made more than 60 days (Surf) or 90 days (Snow) before departure
- 20% of the total cost of your booking
If cancellation is made 60 days or less before departure
- 100% of the total cost of your booking
Alternative cancellation and payment terms may apply if stated in the booking offer. Please note that deposit payments will generally not be refunded in case of cancellations.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
CHANGES TO AND CANCELLATION OF YOUR BOOKING BY SUPPLIER
If there is a change to or cancellation of your booking we will pass on the new details to you together with any compensation that the supplier may offer. As agent only for the supplier we cannot accept any liability for any changes or cancellations made to your booking.
YOUR TRAVEL DESTINATION
By offering for sale travel product components to particular destinations we do not represent or warrant that travel to any such destination is advisable or free from political or heath risks and we are not liable for damages for damage or losses that may result from travel to such destinations. You are strongly advised to review any travel prohibitions, warnings, announcements and advisories issued by applicable government institutions prior to booking travel to international destinations.
CIRCUMSTANCES BEYOND OUR CONTROL
Except where otherwise expressly stated in these conditions, we regret we cannot accept any liability or pay any compensation where the performance or prompt performance of our obligations to you is prevented or affected by a third party, the supplier concerned as well as in cases where you suffer any damage or loss as a result of "force majeure". In these General Terms & Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
OUR RESPONSIBILITY TO YOU
We act only as an agent for the supplier(s) concerned. Your contract for your arrangements is directly with the supplier(s) concerned. We accept no liability in relation to the arrangements themselves or for the acts or omissions of the supplier(s) concerned. For all bookings, the terms and conditions of the supplier will apply to your contract.
However, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you if we are found to have been at fault in relation to any service we provide as agent for the supplier(s) concerned (as opposed to any service provided by the supplier(s) for whom we are not responsible) is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our gross negligence.
In the unlikely event that you have any reason to complain or experience any problems with your arrangements whilst away, you must immediately inform the supplier or provider of the arrangement(s) in question. Any verbal notification must be put in writing and given to the suppliers `representative as soon as possible. Please bear in mind that we act only as agent for the supplier(s) concerned and therefore cannot accept any liability for your arrangements. However we will be willing to assist you in your claims. Please inform us as quickly as possible. Most problems can be dealt with quickly. Any assistance provided in resolving a complaint in relation to any arrangements is provided on a goodwill basis and in our capacity as agent only.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the supplier(s) concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Suppliers reserve the right at any time to terminate your stay/transfer or that of any member of your party due to your misconduct, where justified in their reasonable opinion. No refunds will be given. Furthermore, neither the suppliers nor we shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay/transfer being terminated.
WEBSITE AND PRICING DETAILS
Please note, that the information and prices shown on this website may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of the website and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Please note that the currency converter serves only as an orientation and may be inaccurate. The conversion rates are calculated by a third party provider and the accuracy is beyond our control. Please double check currency conversions with your local bank.
There may be differences between the actual accommodation and its description. Occasionally, local problems may mean that some facilities or services become unavailable or subject to restriction. Some facilities or services may not be available during the low season owing changes in the weather or lack of demand from guests. We cannot accept responsibility for any changes or closures to area amenities or attractions. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any accommodation or its facilities and/or services, except in the case of our gross negligence. Your rights in this regard are determined according to the terms & conditions of the supplier of your arrangement.
The star ratings shown on the trip descriptions are our own ratings and/or the ratings of previous travelers and do not necessarily reflect any local official rating.
PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. You must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services. As a general rule, these requirements and standards will not be the same as in Australia, Europe or the US and may sometimes be lower.
We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
If you book via our website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our call centre or in writing as required in our terms and conditions.
CONDITIONS OF SUPPLIERS
The services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on the product detail pages of the particular trip/service or on request from ourselves or the supplier concerned.
This website may contain links to other websites. Except where they belong to us, such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, by way of example, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means or for any services or facilities of any description which you may book through or via any such website.
PLACE OF JURISDICTION
Place of jurisdiction for all legal disputes is Dortmund, Germany.
6. Responsibilities of Operator
6.1. Whilst Operator takes all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities you participate in on the course carry a risk of accident and injury. You undertake not to take any unreasonable risks, and you accept that if you do, then you are responsible for the consequences of your own actions.
6.2. Operator will make all reasonable checks to ensure that those involved in the preparation and provision of its courses have the appropriate qualifications.
6.3 Descriptions, information and opinions given in the Company’s brochure and on its website in respect of the airlines, accommodation and other suppliers whose services are used are given in good faith, based on the latest information available at the time.
6.4. Operator will be under no liability whatsoever if you suffer loss, death or personal injury where there has been no fault on the part of Operator or its employees, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your course, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by Operator or its employees, agents or suppliers even with the exercise of all due care. Operator’s liability to compeOperatorte you and the amount of such compeOperatortion is subject to the following limitations:
6.4.1. In the case of damage other than death, illness or personal injury, compeOperatortion is restricted to a reasonable amount having regard to such factors as, inter alia, the course cost and the extent to which the enjoyment of your course can be said to have been affected.
6.4.2. In all cases, liability and compeOperatortion are limited in accordance with the provisions of all international conventions which concern transportation and accommodation.
6.4.3. If you suffer death, injury or illness during your course arising out of an activity which does not form part of the inclusive arrangements booked with Operator, Operator will offer assistance where appropriate and in its sole discretion. This assistance must be requested within 90 days of your misadventure and will be limited to general advice and/or assistance with legal fees up to £5,000 per booking, such contributions to be repaid to Operator out of any judgement or insurance payment you subsequently obtain.
7. Your responsibilities
7.1. You are responsible for advising Operator of details of any medical condition or allergies that you have suffered prior to the commencement of the course and of any medication that you are on that may adversely impact you while on the course. In the event that Operator in its sole discretion considers that these conditions are likely to create an unreasonable burden on the efficient conduct of the course, Operator has an absolute right to cancel your booking, in which event the cancellation provisions of clause 4.3 above will apply.
7.2. You are responsible for advising Operator should you have a criminal record or have pending any criminal charges against you. Should either of these circumstances apply, Operator has an absolute right to cancel your booking, in which event the cancellation provisions of clause 4.3 above will apply.
7.3. General information concerning passport, visa and health requirements applicable to your course will be sought from you following receipt of your booking form. It is your responsibility to obtain all documents required for your course, to ensure that these are in proper order and to take them with you. Operator will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure.
7.4. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your course. Operator cannot accept responsibility for missed flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your course. No credit or refund will be given for lost, mislaid or destroyed travel documents.
7.5. You will be expected to comply with Operator’s code of behaviour, details of which can be found below these conditions. Refusal to adhere to the code can result in your being required to leave the course. In this event, (1) you undertake to leave the resort until after the end of the course and (2) you accept that you will not be entitled to any refund in respect of the cost of the course.
7.6. In the event that your standard of skiing or snowboarding proves to be substantially different to that indicated by you on either your booking form or your pre-course questionnaire, or that due to your absence from the course, it proves impractical to include you in any of the classes arranged by Operator, the Company undertakes to discuss the situation with you but reserves the right to exclude you from course classes and to place you in classes with a general ski school. Any additional costs incurred as a result of this will be payable by you direct to the ski school.
7.7. You are responsible for looking after the property in which you will live. You will be required to provide the managers of the property where you are staying with your credit card details. In the event that the property in which you live does not suffer any damage, your card details will be destroyed following the completion of the course. In the event of damage being inflicted on the property, then you and the other course participants occupying the property will be required to pay pro rata for the damage sustained. Operator reserves the right to charge your share of these costs to your credit card.
7.8 For the purposes of the Excise Tax Act you are responsible for notifying the company if you are a Canadian resident.
8. Airlines and other suppliers
8.1. As between you and the suppliers of the transport, accommodation and other components of your course, the conditions of the supplier will apply. The availability of some facilities used within the course cannot be guaranteed as these are dependent on factors outside the control of Operator, such as weather conditions. Facilities may also close due to public holiday, festivals or routine maintenance. In these instances, no refunds can be given.
8.2. Some activities carry inherent risks and you may be asked to sign an additional form by the local supplier. In the event that you are not prepared to sign the form, the Company reserves the right to exclude you from that activity without compeOperatortion.
9. Your Financial Protection
9.1 When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a
suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be
possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You
agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may
be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Please note that, when you book an excursion locally, your contract is with the local company providing that excursion and not with Operator. Operator has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the local supplier and be subject to its terms and conditions.
11. If you have a problem
11.1. If you are unhappy with any aspect of Operator’s arrangements while on your course, you must address your complaint immediately to Operator’s senior local representative. If the problem cannot be resolved locally and you wish to complain, full details must be sent to Operator’s office in London in writing to arrive within 14 days of the problem arising. Failure to take either of these steps may deny Operator the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under your contract with Operator.
11.2. In the rare event of a dispute which cannot be settled amicably, it may (if you wish) be referred to arbitration under a scheme which, though devised by The Association of British Travel Agents, is independently administered by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration of small value disputes on documents alone, with restricted liability in respect of costs. Application for arbitration under this scheme must be made within nine months of the date of return from the course but, in special circumstances, it may be offered outside this period.
12. Brochure descriptions
Operator’s brochures are produced periodically and often many months in advance of the client’s particular course. Every effort is made to ensure that the details, description and prices contained in brochures are correct, based on inspections and information passed to Operator by its suppliers. However, changes do occur, sometimes at short notice. Our website contains the latest available information.
13.1. The contract to which these conditions apply and any matter arising from it are governed exclusively by the laws of England and Wales.
13.2. Unless expressly provided otherwise, no person who is not a party to a contract to which these conditions apply shall acquire any rights there under by virtue of the Contracts (Rights of Third Parties) Act 1999.