OnTheMountain Pro is a division of Neige Aventure SA, company no CH-626.3.001.100-6, address Cactus Corner, 1997 Haute-Nendaz, Valais, Switzerland (“Neige Aventure”, “we” or “us”).  All bookings are with Neige Aventure.

1.    Acceptance of these Terms and Conditions

1.1    By completing the booking form, you accept these terms and conditions.
1.2    You agree that your booking form will be completed fully and truthfully, including but not limited to the disclosure of any medical conditions.
1.3    It is a condition of booking that you confirm that you satisfy (or will satisfy before the course commences) the pre-requisites specified on our website for attendance on this course.
1.4    To enrol on an OnTheMountain Pro instructor course, you must send us your completed and signed booking form, and pay a non-refundable non-transferable deposit of £1000 (reduced to £450 if paid on or before 30 June). Upon acceptance by us of your booking, we will send you a booking confirmation. Once this confirmation is issued, the contract with these conditions will apply.
1.5    If for any reason we are unable to accept your booking, we will notify you as soon as possible and return the deposit to you.

2.    Payment Schedule

2.1    A non-refundable deposit as detailed in clause 1.4 is payable at the time of booking.
2.2    The reminder of the course fees are to be paid in two equal instalments, the first on or before 15 September, the second on or before 15 November.
2.3    If any instalment has not been paid within 7 days of its due date, we reserve the right to cancel your booking without notice which, for the purposes of these Terms & Conditions, will be considered to be a cancellation by you, and the cancellation terms as detailed in clause 3 below will apply.

3.    Cancellation by You

    If you wish to cancel your booking, you must notify us by fax, email or letter. Verbal instructions to cancel are not accepted and will not be acted upon by us.  In the event of such cancellation, and in the event of cancellation by us pursuant to clause 2.3, the following conditions will be strictly applied:

3.1    The deposit paid is not refundable or transferable.
3.2   Cancellations on or before 31 August will not incur any further charges.
3.3    Cancellations after 31 August but on or before 15 October, will incur a charge of 30% of the total course fee
3.4   Cancellations after 15 October but before 15 November will incur a charge of 50% of the total course fee
3.5   Cancellations after 15 November will incur a charge of 70% of the total course fee up to a maximum of £5,000
3.6     We will reimburse to you any amounts already paid by you that exceed these cancellation charges


4.    Cancellation by Us

4.1    We reserve the right to cancel your course booking at any time.  In this highly unlikely event, we will offer you a choice of alternative arrangements or provide a full refund of all monies paid to us by you in respect of your course booking.  If you do not wish to accept any of the alternative arrangements offered, we will provide a full refund of all monies paid to us by you in respect of your course booking.
4.2    We reserve the right to cancel your booking or terminate your course and accommodation without refund, if it is discovered that you are in breach of clauses 1.2 or 1.3, or pursuant to clause 7.1.
4.3    If we have to cancel your booking due to circumstances beyond our reasonable control and which could not have been foreseen or avoided even if due care had been exercised including but not limited to war or threat of war, riot, civil unrest or insurrection, strike, lockout or other industrial action, act of terrorism, act of God, flood, avalanche or any other adverse weather conditions (“Event of Force Majeure”), then no refund will be payable.

5.    Price Variations

    We reserve the right to alter our prices if there is an adverse currency variation between the Swiss Franc and the British Pound of more than 5% between 1 April of the year in which the booking is made and the dates of payments becoming due.  By ‘adverse’ we mean less Swiss Francs per Pound.  This price variation will only apply to payments yet to be made, and will not apply retrospectively.  In such event you will have the right to cancel and receive a full refund of all monies paid to us by you in respect of your course booking.

6.    Administration

6.1    All course invoices and resources will be sent to the address specified by you on your booking form.
6.2    It is your responsibility to keep us informed of any change of address after booking a course. This must be confirmed in writing by fax, email or letter to our office.
6.3    We reserve the right to use any photograph film or other creative material taken during the course within our advertising or promotional materials or other similar activity
6.4    You agreed that we may provide appropriate information about you to other organisations involved in the provision of aspects of our course

7.    Standards of Behaviour

7.1    We reserve the right to exclude you from the course and accommodation if, in the reasonable opinion of the CEO of Neige Aventure:
7.2    Our accommodation is strictly non-smoking.
7.3    In the event of exclusion pursuant to clause 7.1, no refund will be payable and we will not be responsible for any additional costs you may incur, such as repatriation costs etc.

8.    Insurance

8.1   Insurance is not include in the course

8.2   You are required to take travel insurance at the time of making your booking with ONTHEMOUNTAIN PRO.
8.3   We recommend you the following isurance: Snowsport Insurance by BASI
8.4    You are required to send us evidence of your insurance policy together with a receipt for the amount paid.
8.5   No monies will be refunded by OnTheMountain Pro in the event of an injury sustained either before, or whilst participating, in the course.


9.    Limitations of Liability

9.1    Whilst we take all reasonable precautions to prevent accidents or injury, it is understood and agreed by you that snowsports is a potentially dangerous activity and therefore carries a risk of accident or injury.
9.2    Except as provided otherwise within this clause 9, no money will be refunded by us in the event of you sustaining an injury either before or whilst participating in the course. Where such injury results in the necessity to cancel or shorten your attendance on the course, it is expected that you will be able to make an appropriate claim via your insurance cover.
9.3    Except as provided in clause 9.4, you agree that we shall not be liable for any loss or damage you suffer whether or not caused by the actions or negligence of our employees agents contractors or suppliers, save that we accept liability without limit for death or personal injury caused by our negligence
9.4    We accept responsibility for any loss or damage resulting from our failure to perform the services we have agreed to provide, subject to the maximum of what you have paid to us in respect of this booking, except for death or personal injury caused by our negligence which shall be without limit.

10.    Supplementary legal notes

The present conditions of contract are dependant on Swiss law. In particular article 183 OR and those that follow concerning codes and obligations that govern the rules of sale. Also article 363 OR and those following that concern the codes and obligations involved in company contracts. Furthermore article 394 OR and those that follow; these refer to codes and obligations concerning mandates.

11.    Place of arbitration and Capacity of Law

11.1    Disputes may arise between contractual parties concerning misinterpretation, validity or execution of contracts of sale. Such disputes will be settled exclusively by a judge.
11.2    If either of the parties disagrees with the decision of the judge the issue will be arbitrated in accordance with the Intercantonal Concordat of arbitration of the 27th March 1969.
11.3    The Place of arbitration in the event of such disputes between contractual parties will take place in Sion Valais/Suisse.