INTRODUCTION
| Your booking agreement is with: | Ski WhiteDiamond LLC PO Box 6533 Breckenridge, CO 80424 |
Ski WhiteDiamond LLC will hereinafter be referred to as Ski White Diamond or by its website name skiwhitediamond.com. When booking products or services with Ski White Diamond via its website, by email or via telephone, you agree to be bound by the terms and conditions of this booking agreement. Ski White Diamond reserves the right, at its sole discretion and without prior notice, to revise the terms and conditions of agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised agreement on our website. Your continued use of Ski White Diamond’s services or website constitutes your acceptance of the revised agreement terms and conditions.
WEBSITE USAGE & INTELLECTUAL PROPERTY
The skiwhitediamond.com website is intended to assist customers in gathering travel information or purchasing the listed services and for no other purpose. The information, data, imagery and brand logo and identity presented on skiwhitediamond.com or in its other promotional or informational materials are the intellectual property of Ski WhiteDiamond LLC. These contents may not be reproduced in whole or in part without advanced written permission of Ski White Diamond.
PRICES
Ski White Diamond endeavors to list accurate and up to date pricing for the services on its website or other promotional or informational material. Occasionally incorrect pricing may be displayed due to a technical problem, booking engine system limitations or manual entry error. Our suppliers also reserve the right to change their prices without notice. In the event that inaccurate pricing is displayed due to any of the above mentioned scenarios, Ski White Diamond reserves the right to either:
- a) Re-quote the booking at the correct price
- b) If the above is not acceptable to you, provide a full refund of all monies paid
CURRENCY
Pricing on skiwhitediamond.com is quoted in US Dollars and all services purchased through this site will be charged to you in US Dollars. If you are purchasing services using a non-US credit card, your bank or credit card provider may charge an exchange fee or commission to convert the payment into the currency of the account being charged.
RESERVATIONS & CARD CHARGES
By confirming your booking either by payment in full or a deposit amount, you are agreeing that:
a) You have read, understood and agree to the terms and conditions listed herein
b) You are authorizing us to charge your debit or credit card for the quoted amount
c) You have the authority of all persons listed on the booking to enter into a contract for provision of services on their behalf
PAYMENTS
Ski White Diamond’s policy is to charge the full amount due for all bookings made on skiwhitediamond.com. In the event that alternative payment arrangements are agreed (e.g. booking confirmation deposit and balance payment schedule), you will notified of the amount and date on which any remaining balances must be paid. If any payment is not received by stated due date, Ski White Diamond reserves the right to cancel the booking with immediate effect and will charge a cancellation fee equal to 15% of the total cost of the booking. Any remaining deposit monies will be refunded to you minus any charges incurred by Ski White Diamond as a result of processing the refund via a payment gateway.
CHANGES
Ski White Diamond reserves the right to charge a $30 “Change Fee” for any changes made to a booking after the original purchase is completed. You will also be responsible for paying any increase in price of the services being purchased as a result of the changes being requested. All changes are subject to availability and supplier booking amendment polices in effect at the time the change request is received.
CANCELLATIONS
If you wish to cancel all or part of your booking, please notify Ski White Diamond immediately. A standard cancellation fee of 15% will apply to the total cost of the whole or part booking being cancelled. The refund amount due on the remaining booking cost will be dependent upon the cancellation policies of the supplier of the purchased services.
Where full or partial refunds are provided by suppliers for cancelled services, Ski White Diamond will refund you for the amount of refund permitted, minus any refund service charges, fees or other costs that have been charged to us by the supplier. Refunds for cancelled services become progressively less likely closer to the date of travel so it is in your interest to notify Ski White Diamond as soon as you wish to cancel all or part of your booking.
If Ski White Diamond cancels part of all of your booking and you have not violated either this booking agreement or a supplier contract, you will be refunded all monies paid to Ski White Diamond. Our responsibility shall be limited to the refund of all monies paid by you for services booked through Ski White Diamond.
REFUNDS FOR UNUSED SERVICES
No refunds will be provided by Ski White Diamond for any refund requests received after the confirmed start date of the purchased service, regardless of the relevant supplier cancellation policy. This applies to services that are either wholly or partially unused.
SUPPLIER TERMS & CONDITIONS:
Suppliers have their own terms and conditions which you will be required to accept prior to taking receipt of purchased products or services or commencement of activities. Examples include, but are not limited to, registration forms at lodging check in; rental agreements at car rental locations, rental agreements and liability waivers at ski school office and equipment rental stores; ski & snowboard codes of conduct and mountain operations polices printed on ski area lift tickets and trail maps. The contract you sign or assume with each supplier is binding upon you. The contract may include details of compliance with suppliers terms and conditions regarding the availability, price and use of their products or services. You understand and agree that violation of such terms may result in the supplier canceling your contract and denying access to the associated product or service; and that you may forfeit monies paid for the aforementioned service. Ski White Diamond also reserves the right to debit your account with us for any costs we incur as a result of you breaking this supplier contract.
DISPUTES
This agreement is governed in all respects by the laws of the United States of America and by the laws of the State of Colorado. You hereby consent that any and all disputes relating to the use of this website or the services provided to you by Ski White Diamond will be subject to the jurisdiction and venue of courts in Summit County, Colorado, USA.
LIABILITY DISCLAIMER
The acceptance of services provided by Ski White Diamond is deemed to be consent to the following statements regarding liability.
RESPONSIBILITY
Ski White Diamond offers services for sale only with the express understanding that Ski White Diamond does not perform, or in any way assume liability for the performance of these services. The suppliers providing the services sold by Ski White Diamond are independent contractors and are not agents or employees of Ski White Diamond and do not act for or on behalf of Ski White Diamond. Ski White Diamond acts only as an agent by presenting packages and component combinations of services at a single point of sale for the convenience of its customers. Ski White Diamond does not accept any liability, directly or indirectly for any loss, accident, injury, death property damage, other damage or expenses which may result from any act, error, omission, representation, warranty, breach, negligence or default of any company, individual or employee engaged in, or responsible for providing or performing these services.
Ski White Diamond has no liability for delays, cancellations, overbookings, schedule changes strikes, riots, terrorist acts, illness, hostilities, inclement weather, the acts of government or other authority or other force majeure circumstances beyond its control. Ski White Diamond shall have no responsibility for any costs or expenses that you may incur as a result of experiencing any of these situations.
You hereby agree that you, nor your heirs, personal or legal representatives, agents, assigns or family members will bring suit or make a claim for illness, injury or death resulting from the negligence (but not the reckless, willful or fraudulent conduct) of Ski White Diamond, its employees, officers, directors, managers, agents, contractors or affiliated organizations as a result of your participation in the purchased service(s).
We strongly advise the purchase of comprehensive travel insurance to provide coverage in the event that you experience any of the situations listed above.
SAFETY
Winter and adventure travel, high altitudes, skiing and snowboarding involve risks about which you must make yourself and all others traveling with you aware. You participate in the purchased services at your own risk.
It is your responsibility to read, understand and abide by local government laws relating to all aspects of the purchased services. Of particular importance are the local rules of the road, drinking and smoking regulations, backcountry access laws and protocol, ski area rules and regulation and the local skier safety laws as the Colorado Skier Safety Act.
ACCURACY OF INFORMATION
Ski White Diamond does not guarantee the accuracy of and disclaims all liability for any errors or inaccuracies in the representation and description of the services listed on its website and in other promotional or informational material, much of which is provided by suppliers of services.
SUITABILITY
Ski White Diamond makes no representation about the suitability of services listed on its website or in its promotional or informational material. The listing or describing of any service does not constitute an endorsement or recommendation of such services. All information and services are provided ‘”as is” without warranty. Furthermore, Ski White Diamond is not liable for any lack of customer satisfaction in the services purchased.
SNOW CONDITIONS
Ski White Diamond does not guarantee snow conditions at any ski resort at any time. Ski White Diamond is therefore not liable for any lack of snow, too much snow or any other conditions that result in the closure of ski lifts, resorts or access routes to and from ski resort, lodging units or the location of any other service providers. No refunds will be made by Ski White Diamond nor will they be liable for any additional expenses or consequences arising from the above situations. In the event of larger scale lift closure or total ski resort shutdown, you are advised to contact the relevant ski resort’s guest services department to enquire about their lift closure policy. Some ski areas provide partial refunds or credits in extreme circumstances.