DreamSki Adventures-Chile
 Terms & Conditions

If you wish to participate in any tour provided by DreamSki Adventures, you are required to carefully read all of the terms and conditions contained in this document (collectively “Terms”), including Release of Claims, Waiver of Liability and Acceptance of Inherent Risks, and sign your name where indicated below to indicate your understanding and acceptance of the contract that is represented by the Terms. These Terms will govern your tour with DreamSki Adventures (“DreamSki Adventures” or the “Business”). Any individual(s) whose name and signature, or in certain cases the signature of his or her parent, duly authorized guardian or attorney, have been placed on the Reservation Form and returned to DreamSki Adventures will hereafter be referred to as the “Client” throughout the Terms and in other legal documents related to and referencing this Agreement. Any and all individuals wishing to participate in a tour with DreamSki Adventures are required to have a signed a copy of the DreamSki Adventures reservation form (“Reservation Form”) in their name, in addition to a completed and signed copy of these Terms, prior to commencement of the services by DreamSki Adventures.
The Terms set forth below constitute the entire, complete and exclusive agreement (the “Agreement”) between the Client and DreamSki Adventures and no waiver, modification, alteration or termination thereof shall be permitted or valid unless set forth in writing and signed by both parties.

General
The nature of this Agreement is an arm’s length, private contract for services between two private persons, respectively the Business and the Client, for their own benefit, including where the Client is an individual parent exercising parental authority over his or her minor child(ren) or where an individual is exercising a formal power of attorney over the affairs of another individual and is duly authorized to do so and possesses proper legal documents of any such power, and in such case the individual exercising said authority or power shall be jointly and severally liable in any and all legal matters, present and future, arising from this contract for all actions taken by that individual while representing the Client (e.g. his minor child).

DreamSki Adventures reserves the right to refuse service to anyone for any reason, and in particular has set out a policy with regard to who it will do business with. DreamSki Adventures will only consider requests to participate in any tour where such request is made by an individual (private person), and does not agree to accept any requests or reservations in the name of any incorporated body, corporation, or other artificial person or legal entity, or to individuals acting as representatives of such persons. Any individual who fails to disclose to DreamSki Adventures that he or she is acting in a representative capacity of another party will have willfully committed an act of fraudulent concealment, and shall be solely responsible for any and all legal consequences, which may include, at the discretion of DreamSki Adventures, immediate cancellation and termination of the reservation or services without refund of payment. An individual who acts as the representative (parent) of his or her minor children, or other individual(s) over whom the individual has legal authority or a bona fide power of attorney, shall be exempt from application of this policy by the Business upon satisfactory proof of his or her parental authority or power of attorney over each individual (e.g. child) in whose name a reservation will be made as a Client.

Release of Claims, Waiver of Liability, and Acceptance of Inherent Risks
On behalf of myself, my heirs, executors, successors, administrators, assigns, and whomever else may have an interest either at common law, equity, or by operation of statue, I hereby waive any and all claims I, or such parties, may have now and in the future, and release from all liability and agree not to sue the Business or Gerry John Winchester, in any capacity, as well as any representatives, contractors, or other agents of same (collectively “the Releasees”) for any and all personal injury, death, property damage or loss sustained by me as a result of my participation in any activity conducted, operated, or arranged by the Business due to any cause whatsoever, including, without limitation, negligence on the part of the Releasees. For the purposes of these Terms, “tour” shall extend from the time of my initial arrival at Santiago de Chile, Chile to my final departure therefrom and includes any and all activities occurring at anytime and anywhere in cities, on the ski hills or elsewhere, including all ground and air transportation whether or not for the purposes of skiing.
I am aware the sport of skiing has dangers and risks such as and not limited to loss of control, collisions with other skiers, trees, rocks and other manmade or natural obstacles, failure of equipment, etc.  Skiing also has certain additional dangers and risks, including but not limited to:
Avalanches: Which may occur in the mountain terrain and may be caused by natural forces, including steepness of slopes, snow depth, instability of the snow pack or changing weather conditions, or by skiers, another avalanche in the vicinity or the failure for any reason of the Releasees to predict whether the terrain is safe for skiing or whether or when and avalanche may or may not occur.
Mountain Terrain: mountainous areas with steep slopes in their natural state have many obstacles and hazards (such as cliffs, crevasses, breakable snow, crust, ice, etc.).
Weather and Altitude: Weather conditions may be extreme and can change rapidly without warning.
The Releasees and Other Skiers: the conduct, including negligence of the Releasees and other skiers. This includes the possibility that Client suffers harm while skiing under the guidance and directions of the skiing guides hired by the Business to conduct the skiing tour, and who may provide Client with advice and direction that differs from skiing practices elsewhere or familiar to Client.

I, _____________________________________________________, the Client, accept all the inherent risks and dangers of skiing, including the possibility of personal injury, death, property damage or loss resulting therefrom, and I am aware that I am required by the Insurance clause herein to obtain personal accident and injury insurance suitable for such risks as my sole responsibility and that the Business is not liable for Client’s injury or loss.

In the context of these Terms, and without limiting the generality of the term, negligence shall include any act or omission relating to ski guiding, ski teaching, prediction of avalanche danger, choice of skiing terrain, prediction of weather conditions or any conditions or factors that may amount to a departure from the standard of care which a person of common prudence usually takes of his own concerns having regard for the activity of skiing.

Reservations
In addition to signing the Terms below, the Client will be required to complete and sign a copy of the Reservation Form and submit to DreamSki Adventures a five hundred-dollar (US$ 500.00) non-refundable deposit. Upon receipt of the completed Reservation Form, the signed Terms and Conditions, and the required deposit, DreamSki Adventures will provide written confirmation of Client’s reservation. The remaining balance for the tour will be due ninety (90) days before the tour departure date. If this balance is not paid by this time, DreamSki Adventures reserves the right to cancel the Client’s reservation. If a reservation is made less than ninety (90) days prior to departure, the full balance of the tour is due at that time.

Cancellations
Any cancellation by the Client must be made in writing, with advance notification of the written cancellation to be sent by e-mail to DreamSki Adventures as soon as possible. The date on which DreamSki Adventures receives the Client’s written cancellation will determine the charges applicable. The schedule of cancellation charges is as follows:
• If the Client cancels more than ninety (90) days prior to departure, the Client forfeits the US$500.00 non-refundable deposit.
• If the Client cancels ninety (90) to fourteen (14) days prior to departure the Client forfeits seventy percent (70%) of the total cost of the tour.
• If the Client cancels less than fourteen (14) days prior to departure, the Client will forfeit the entire cost of the tour.
In addition to the above noted cancellation charges, the Client may also be responsible for any insurance premiums arranged through and paid for by the Business on behalf of the Client at his prior express request, which shall be in writing to be valid.  DreamSki Adventures requires all Clients to provide evidence of travel insurance including cancellation insurance no less than thirty (30) days prior to tour departure date. If proof of insurance is not provided, DreamSki Adventures reserves the right to cancel the Client’s reservation.
If a Client is prevented from traveling due to serious illness, injury, death in the immediate family or a similar catastrophe, DreamSki Adventures will consider permitting Client to change to another tour, or allow another individual to stand in place of that Client under the same Terms agreed upon by Client. If there are additional costs involved in such a situation, the Client would be responsible for paying them.
DreamSki Adventures reserves the right to cancel any scheduled tour for any reason whatsoever, but will not cancel a tour less than thirty (30) days before departure except for force majeure, including natural disasters, civil unrest, and similar such unusual and unforeseen circumstances outside the control of DreamSki Adventures. If a reservation is cancelled by DreamSki Adventures through no fault of the Client, the Client may choose between a full refund of all monies paid and any alternative tour with open reservation space offered by DreamSki Adventures. If the full price for the alternative tour is lower than the tour originally scheduled, the Client is entitled to a refund of the difference.  If a reservation is cancelled less than 30 days before departure due to force majeure, including natural disasters, civil unrest, and similar such unusual and unforeseen circumstances outside the control of DreamSki Adventures, the Client will receive a full refund less any deposits and other pre-paid amounts paid by DreamSki Adventures to third party providers of services on behalf of the Client that can not be recovered by DreamSki Adventures.

Unused Services
Payment for any services that were included in a reservation or tour but not utilized by the Client, will not be refunded by DreamSki Adventures.

Services Not Covered
Additional activities may be offered by DreamSki Adventures during a tour. The Client, however, will be responsible for all extra expenses incurred as a result of Client’s participation in any such activity. Any assistance given by the tour leader and accepted by the Client in arranging optional activities shall not render the DreamSki Adventures liable for such costs. Only activities explicitly stated in the tour notes and overview are included in the tour cost.

Price Adjustments
DreamSki Adventures reserves the right to adjust (increase or decrease) the price of a tour for up to forty five (45) days before departure due to changes in exchange rates, increases in air fares or other transportation costs, taxes, or if government action should require us to do so. In the event the price adjustment is an increase, DreamSki Adventures will be responsible for the first two percent (2%) of the additional charge and the Client will be responsible for the balance. If any price increase is greater than ten percent (10%) of the cost of the tour excluding the insurance premiums, Client may cancel the reservation within fourteen (14) days of notification of the price increase, and in such case will be entitled to a full refund.

Changes
The Client appreciates and acknowledges that the nature of this type of travel requires considerable flexibility and changes to the itinerary may occur. Therefore, the initially stated itinerary does not serve as a contractual obligation on the part of DreamSki Adventures. The Client understands and agrees that the route, schedules, itinerary, amenities and mode of transportation may be subject to alteration without prior notice due to local circumstances or events, which may include sickness, mechanical break down, flight cancellation, strikes, events occurring due to political disputes, entry or border difficulties, climate, and other unpredictable or unforeseeable circumstances.
DreamSki Adventures reserves the right to change any of the facilities, services or prices described in the brochure or web site before reservation is made. In the event a change is made, the Client will be contacted and provided information notifying him of the change prior to making the reservation. While DreamSki Adventures will make its best effort to run all tours as advertised, reasonable changes in the itinerary may be made where deemed appropriate, advisable, or necessary by the Business. If DreamSki Adventures makes a major change in the tour, the Client will be informed prior to departure when possible. The definition of a major change is deemed to be a change affecting at least one day for every two of the itinerary.  When a major change is made prior to departure the Client has the option of accepting the change of itinerary, or rebooking their reservation in another tour of equal value. If the major change is made due to unforeseen circumstances the Business shall not be liable for any compensation payable to the Client.
Changes made by the Client must be made sixty (60) days prior to departure. Additional costs incurred as a result of the change will be the sole responsibility of the Client. Note that scheduled airlines may impose very large (e.g. 100%) cancellation charges. The Client may transfer his reservation from one tour to another as long as the transfer is requested sixty (60) days prior to departure. If transfer request is made and accepted by DreamSki Adventures, then DreamSki Adventures reserves the right to charge an administration fee of ten percent (10%) of the price of the original booked reservation.
 
Tour Leaders - Final Word
In the best interests of the safety and welfare of the Client while traveling with DreamSki Adventures, the tour leader’s decisions will be final on all matters. The Client will at all times comply with the laws of all countries visited. If the Client fails to comply with any law, or refuses to comply with the decisions of the tour leader, then the tour leader may dismiss the Client from the tour, and Client will have no right to any refund.
 
Claims and Complaints
If the Client has a complaint against DreamSki Adventures, the Client must first inform the tour leader of the complaint while on the tour so that the tour leader has a chance to rectify the situation. Any further claim or complaint against DreamSki Adventures must be received within thirty (30) days of the end of the tour.
 
Assumption of Risk
The Client acknowledges that the nature of the skiing tours offered by DreamSki Adventures is adventurous, physically demanding and challenging. The Client realizes that such holidays may involve significant amount of personal risk. Because of political and cultural differences as well as generally tougher physical conditions, travel to the areas that we visit involves risks outside those we may take in our daily lives. By signing these Terms, the Client assumes and accepts any and all risks and dangers that may occur during the tour, including the possibility of personal injury, death, property damage or other loss. Client willingly accepts these risks and releases DreamSki Adventures from all liability even in the event DreamSki Adventures or Gerry John Winchester, in any capacity, or the representatives, contractors, or other agents of same, are found to be negligent or in breach of any duty of care under the law.

Services and Arrangements
All services and arrangements with other businesses, individuals, or other service providers, whether related to the actual tour services provided by the Business or not, are made by DreamSki Adventures on behalf of the Client on the condition that the organizers of such services and arrangements, individually or as agents of DreamSki Adventures or Gerry John Winchester, in any capacity, shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any business, individual, or other such third party to this Agreement engaged in carrying out the arrangements for services described in the tour notes, overview, web site itinerary and/or brochure, or otherwise in connection herewith. 
DreamSki Adventures acts as an agent for transportation companies, hotels, and other service providers to the Business, and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to any defect in a vehicle or any means of transport, acts of God, detention, delays or expenses arising from quarantine, strike, theft, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, any motorized vehicle, skiing and snowboarding, mountaineering or any other form of transportation, activity or sport, or in any guest house, hotel, or other form of accommodation.
DreamSki Adventures makes every effort to ensure that the information in the tour notes, overview, and its website are correct, but reserves the right to alter any tour at any time without penalty to the other businesses, individuals, or other service providers.  The other business, individuals, or other service provider reserves the right to refuse any service to any Client at their discretion. Any additional expense or cancellation arising from such refusal or inability of a third party to perform shall be borne by the Client.

Travel Documents
Client agrees to have a valid passport and necessary visas, permits, certificates of vaccination and any other necessary document for traveling to the destinations of the tour. DreamSki Adventures does not assume any responsibility for securing those travel documents necessary for the tour and said responsibility will be the sole responsibility of the Client. Any information provided by DreamSki Adventures with respect to visas, vaccinations, passports, clothing, climate, baggage, special equipment, etc. is given in good faith but without any responsibility on the part of the Business or the individual who provides any such opinion.
 
Insurance
All persons wishing to travel with DreamSki Adventures are responsible for securing personal travel insurance. DreamSki Adventures requires that Client has insurance that covers personal accident, medical expenses, air ambulance, loss of effects, repatriation costs, any cancellation insurance sufficient for those risks that Client does not wish to be fully and personally responsible for, and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client must provide written proof to DreamSki Adventures by fax or e-mail of the insurance policy and insurer no less than thirty (30) days prior to tour departure date, and must inform the insurer of the type of travel to be undertaken. By signing these Terms, Client is undertaking full responsibility for obtaining said insurance.

Airlines
The responsibility of the airline is limited to the carriage of passengers and baggage in accordance to the conditions of carriage. If the Business purchases airfare for the Client, it does so on behalf of the Client, and all air travel matters are subsequently between the airline and the Client; therefore the Business is not responsible for the carriage of the Clients. Client acknowledges that it is his responsibility to arrive on time for departure, and Client acknowledges that any such arrangements made by the Business are made in good faith but are in no way legally binding.
 
Photographic Release
I hereby agree to permit DreamSki Adventures, its representatives, contractors, or other agents of same, and other guests of the Business to take photographs and make film records of the tour without further recourse. I understand and agree that such photographs and/or film records may be used for commercial and/or promotional purposes.

Acceptance of Terms
These Terms and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with laws of the Province of Alberta, Canada as the jurisdiction of choice of the parties hereto, regardless of where this Agreement is actually signed. Any litigation involving parties to these Terms shall be brought solely within the Province of Alberta, Canada, and shall be within the exclusive jurisdiction of the Courts of Alberta

I certify that I have read this document, and that I understand it fully, or have exercised or waived my right to seek legal advice, and that I agree to all of the Terms stated herein. I voluntarily agree to legally bind myself to all of the Terms stated in this Agreement by placing my name and signature below as evidence of my acceptance of the above provisions, and where I am acting in the capacity of a parent, guardian, or individual exercising a power of attorney, I further understand that I am binding myself in that capacity in addition to the individual over whom I am duly authorized to exercise such legal authority, and that both of us are jointly and severally liable under this Agreement.

Formal Acceptance and Acknowledgement:

Status of Client (check one only)

1.  •  Individual; Private person acting for his or her own benefit (not as a parent or other representative).
2. •  Minor child under parental authority; Parent must provide information about both parents and child.*
3. •  Minor child under guardianship of someone other than a parent; Guardian must provide legal proof.*
4. •  Individual who is subject to a power of attorney; Attorney must provide proper legal proof.*
* These situations require the Business to verify proper documentary proof of identity (e.g. passport) and status of both parties, for legal reasons. Please be prepared to provide appropriate evidence of parental status (#2), and notarised or certified legal documents (#3 and #4). 

Name of Client (printed): _________________________________________________________________

Signature of Client:______________________________________________________________________

Name of Representative (printed) , where applicable: ___________________________________________

Signature of Representative _______________________________________ Title: _________________

Date signed (acceptance valid): The ___________ day of the month of _______________________, 20___.

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Print this document, complete and sign it.  Then forward a copy of the original completed and signed document (all 5 pages) to DreamSki Adventures by way of one of the following two methods:

1. Electronically scan the original completed and signed document and e-mail this file to:

registration@dreamskiadventures.com

2. Fax a copy of the original completed and signed document to:

 Fax No: 1-866-624-6188

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