MAVERIX SNOW LTD
COURSES & EUROPEAN HOLIDAYS
TERMS, CONDITIONS, ASSUMPTION OF RISK & PARTICIPANT WAIVER
Please read these terms carefully before booking or participating in a Maverix Course or European Holiday.
By making a booking, making payment, ticking the relevant acceptance box, or participating in a Course or Holiday, you confirm that you have had the opportunity to read, understand and agree to these terms.
These terms apply to Courses and Holidays organised, provided or facilitated by Maverix Snow Ltd (“Maverix”, “we”, “us” or “our”), except where separate written terms expressly apply.
Nothing in these terms is intended to exclude or restrict any liability, responsibility or statutory right that cannot lawfully be excluded or restricted.
1. DEFINITIONS
“Course” means a snowboarding, skiing or related activity organised or provided by Maverix within the United Kingdom.
“Holiday” means a European snowboarding, skiing or related trip, holiday, camp, guiding programme or associated arrangement organised or facilitated by Maverix outside the United Kingdom.
“Participant”, “you” or “your” means the person making the booking and/or participating in a Course or Holiday.
“Maverix” means Maverix Snow Ltd and, where appropriate, its employees, coaches, instructors, guides, representatives and appointed contractors.
“Supplier” means an independent third-party business or individual providing accommodation, transport, lift services, instruction, guiding, equipment, activities or another service associated with a Course or Holiday.
2. ACCEPTANCE OF THESE TERMS
A booking constitutes your agreement to these terms.
You are responsible for ensuring that you have read these terms and understood the requirements of the Course or Holiday before participating.
Where a participant is under 18, these terms must be accepted by their parent or legal guardian. The parent or legal guardian is responsible for ensuring that the participant understands and complies with the relevant requirements.
Where a third party makes a booking on behalf of a participant, the person making the booking confirms that they have authority to do so and that the participant has been informed of these terms.
3. PARTICIPANT RESPONSIBILITIES
Snowboarding, skiing and associated mountain activities involve inherent and unavoidable risks.
You are responsible for:
ensuring that you have the appropriate level of fitness, ability and experience for the Course or Holiday;
honestly assessing your own ability and limitations;
following all reasonable instructions given by Maverix, its coaches, instructors, guides and representatives;
complying with the rules, signage and instructions of the relevant ski resort, lift operator and other Suppliers;
riding within your own ability;
using appropriate and properly maintained equipment;
wearing the protective equipment required by Maverix;
informing Maverix before participation of any relevant medical condition, injury, disability, medication or other circumstance that could reasonably affect your ability to participate safely;
behaving responsibly towards other participants, staff, Suppliers and members of the public; and
obtaining appropriate insurance before participating in a European Holiday.
Maverix may refuse participation, restrict participation or require a Participant to stop participating where, in our reasonable opinion, continued participation presents a safety risk to that Participant, another person or the operation of the Course or Holiday.
Where participation is refused or terminated because of the Participant’s conduct, failure to meet the required ability level, failure to follow reasonable instructions, inappropriate behaviour, intoxication or other circumstances reasonably attributable to the Participant, no refund will normally be provided.
4. INHERENT RISKS OF SNOW SPORTS
You acknowledge that snowboarding, skiing and associated mountain activities involve inherent risks which cannot be completely eliminated.
These include, but are not limited to:
falls and collisions;
collisions with other participants, skiers, snowboarders or other persons;
changing snow conditions;
ice, hard-packed snow, moguls and uneven terrain;
rocks, trees, branches and other natural obstacles;
marked and unmarked hazards;
steep terrain, cliffs and natural drops;
avalanches and unstable snow;
changing weather and visibility;
extreme cold and exposure;
altitude-related effects;
terrain parks, jumps, rails, half-pipes and other features;
chairlifts, drag lifts, gondolas and other uplift systems;
equipment failure or incorrect use of equipment;
actions or omissions of other participants or third parties;
emergency evacuation and mountain rescue;
travel to and from activity locations; and
injury, illness, disability or, in extreme circumstances, death.
You voluntarily accept the inherent risks associated with participating in a Course or Holiday.
Your acceptance of these risks does not exclude any liability which cannot lawfully be excluded.
5. OFF-PISTE, FREERIDE AND TERRAIN PARK ACTIVITIES
Where a Course or Holiday includes off-piste, freeride, backcountry, tree riding, terrain park, jumps, rails, aerial manoeuvres or other advanced activities, you acknowledge that these activities carry additional risks.
You must not undertake an activity beyond your ability or contrary to the reasonable instructions of your coach or guide.
Maverix may determine that particular terrain, features or activities are unsuitable for an individual Participant or group and may change, restrict or withdraw an activity where reasonably necessary for safety.
Mountain and snow conditions can change rapidly. Terrain or an activity considered appropriate at one point may subsequently become unsuitable.
No guarantee is given that any particular terrain, route, snow condition or feature will be available during a Course or Holiday.
6. COACHING, INSTRUCTION AND GUIDING
Maverix may provide coaching, instruction, guiding, route advice, logistical support or a combination of these services.
Coaching, instruction or guiding does not remove the inherent risks associated with mountain activities.
Where services are provided by an independent instructor, guide, coach or other Supplier, that person or organisation may have their own terms, qualifications, insurance requirements and safety procedures, which you must comply with.
Maverix does not control the operation of ski resorts, lift systems, mountain rescue services, weather conditions, snow conditions or independent Suppliers.
7. EQUIPMENT
You are responsible for ensuring that your personal equipment is suitable, correctly fitted, properly maintained and appropriate for the activity.
Where Maverix or a Supplier provides, hires or lends equipment to you, you remain responsible for using that equipment correctly and following all instructions concerning its use.
You may be required to pay the reasonable cost of repairing or replacing equipment supplied to you where the damage or loss results from your misuse, negligence, deliberate action or failure to follow reasonable instructions.
You will not be responsible for ordinary wear and tear or damage arising solely from normal intended use.
8. HELMETS AND PROTECTIVE EQUIPMENT
An approved snow-sports helmet must be worn during all Maverix Courses and Holidays unless Maverix expressly states otherwise.
Maverix strongly recommends appropriate protective equipment, including back protection, wrist guards, knee protection, elbow protection and impact shorts where appropriate to the activity.
Participants undertaking advanced riding, terrain park, jumps, rails or off-piste activities should give particular consideration to suitable protective equipment.
9. FITNESS, ABILITY AND PARTICIPATION
You must only participate in activities appropriate to your ability and physical condition.
Course and Holiday descriptions may specify minimum ability requirements. These requirements exist for safety, group management and the proper operation of the Course or Holiday.
If it becomes apparent that your ability, fitness or behaviour is insufficient for the planned activity, Maverix may modify your participation, restrict access to particular activities or require you to cease participation.
No refund will normally be payable where you are unable to participate because you do not meet the stated ability, fitness or experience requirements, or because you choose not to undertake an activity that you were reasonably expected to be able to complete.
10. MEDICAL INFORMATION AND EMERGENCIES
You are responsible for informing Maverix of any medical condition, injury, disability, medication or other relevant circumstance that could reasonably affect your ability to participate safely.
You should obtain appropriate medical advice before participation where there is any uncertainty about your fitness to take part.
If an emergency occurs, you authorise Maverix and/or its representatives, where reasonably necessary, to seek appropriate emergency assistance on your behalf.
For Participants under 18, the parent or legal guardian authorises reasonable emergency medical assistance where required.
Maverix will take reasonable steps to contact the nominated emergency contact where appropriate.
Any injury or suspected injury should be reported to the Maverix coach, guide or representative as soon as reasonably practicable.
Maverix does not accept responsibility for medical, rescue, evacuation, repatriation or other costs that are properly the responsibility of the Participant or their insurer, except where such costs arise from Maverix’s own legally actionable breach.
11. UK COURSES – CANCELLATION POLICY
Cancellation requests must be submitted in writing.
Unless different cancellation terms are stated specifically for a particular Course:
Private Courses / Lessons
Where cancellation of a private Course or lesson is received at least 48 hours before the scheduled start, Maverix may offer a 50% credit towards an alternative Course.
Any such credit will normally be valid for six months from the date of cancellation.
Group Courses
Cancellation of a group Course less than 48 hours before the scheduled start will normally result in no refund or credit.
Illness or Injury
Where cancellation is due to serious illness or injury, Maverix may, at its discretion, consider providing a credit where reasonable supporting evidence is supplied and sufficient notice is provided.
Any credit offered in these circumstances is discretionary unless the relevant Course booking terms expressly state otherwise.
Late Arrival
If you arrive more than 15 minutes after the scheduled start time, Maverix may refuse participation where allowing you to join would reasonably compromise safety, group progression or the experience of other Participants.
In such circumstances, no refund or transfer will normally be provided.
Cancellation by Maverix
Maverix may cancel or alter a Course where reasonably necessary, including because of:
slope or facility closure;
technical problems;
staffing issues;
insufficient Participant numbers;
health and safety considerations;
circumstances outside Maverix’s reasonable control; or
other circumstances making the Course impractical or unsafe to operate.
Where Maverix cancels a Course before it starts, Maverix will normally offer either a refund or an appropriate credit in accordance with the relevant booking terms.
12. EUROPEAN HOLIDAYS – BOOKING AND CANCELLATION
European Holidays are subject to the specific cancellation terms stated at the time of booking.
Unless alternative written cancellation terms apply:
deposits are non-refundable;
accommodation-only bookings may be subject to the accommodation Supplier’s cancellation terms;
cancellation less than six weeks before departure may result in cancellation charges of up to 100% of the booking price;
cancellation charges may reflect commitments and costs incurred by Maverix and/or its Suppliers.
Cancellation or amendment requests must be submitted in writing to:
info@maverix.org
Until written confirmation of cancellation or amendment has been issued by Maverix, the existing booking remains in force.
Final payment is normally required no later than four weeks before departure.
Bookings made within four weeks of departure require full payment at the time of booking.
Failure to make payment by the applicable deadline may result in cancellation of the booking and the application of the relevant cancellation charges.
13. NATURE OF MAVERIX EUROPEAN HOLIDAYS
Maverix offers European snowboarding Holidays which may include individual services such as accommodation, snowboarding coaching or guiding, lift passes, local logistics or other activities, depending upon the particular Holiday.
The precise services included in each Holiday will be stated in the relevant Holiday description, booking information and confirmation.
Maverix does not generally operate as a package holiday provider and does not routinely sell package holidays.
The individual services associated with a Holiday may be provided directly by Maverix or by independent third-party Suppliers.
The legal status of each booking depends on the actual services included, how they are sold and the circumstances of the particular booking.
Where a particular booking falls within the definition of a package or linked travel arrangement under applicable law, Maverix will comply with the legal obligations that apply to that arrangement.
Nothing in these terms is intended to contract out of, restrict or exclude any mandatory statutory rights or obligations.
14. THIRD-PARTY SERVICES
Accommodation, transport, lift operations, equipment hire, restaurants, guiding, instruction and other services may be provided by independent third-party Suppliers.
Those Suppliers operate independently of Maverix and may have their own terms, conditions, safety procedures, insurance requirements and cancellation policies.
You are responsible for complying with the reasonable rules, terms and instructions of each Supplier.
Where Maverix is acting only as an intermediary or facilitator in arranging a third-party service, Maverix’s responsibility is limited to the responsibilities imposed on it by applicable law and the specific terms of the booking.
Maverix cannot accept responsibility for the acts or omissions of an independent Supplier where those matters are outside Maverix’s reasonable control, subject to any liability which Maverix cannot lawfully exclude or limit.
15. HOLIDAY DESCRIPTION AND AVAILABILITY
The precise inclusions and exclusions of each Holiday will be stated in the relevant Holiday description, booking information and confirmation.
Descriptions of accommodation, snow conditions, terrain, facilities, lift operation and other aspects of a destination are provided for general information and may be subject to change.
Maverix does not guarantee that any particular piste, lift, terrain, snow condition, weather condition, accommodation facility or other destination service will be available throughout the Holiday.
Changes may occur because of weather, snow conditions, resort operations, Supplier availability, maintenance, safety considerations or other circumstances outside Maverix’s reasonable control.
16. TRAVEL INSURANCE
Travel insurance is essential for European Holidays.
You should obtain comprehensive insurance specifically suitable for the activities you intend to undertake.
Depending upon the Holiday and activities involved, your policy should provide appropriate cover for:
medical treatment;
mountain rescue;
emergency evacuation;
repatriation;
cancellation;
curtailment;
loss, theft or damage to baggage and equipment;
personal liability;
winter sports;
off-piste riding;
terrain park and freestyle activities; and
any other activities you intend to undertake.
You are responsible for checking that your policy actually covers the activities you undertake.
Maverix does not provide personal travel insurance and is not responsible for arranging or administering your insurance claim.
Where you are unable to participate, need to return home early, or incur costs because of illness, injury, bereavement, travel disruption or another insured event, you should make a claim against your own insurance policy.
Maverix may provide reasonable documentation, such as a cancellation invoice, to assist with an insurance claim.
Nothing in this section removes any statutory rights you may have against Maverix.
17. PASSPORTS, VISAS AND TRAVEL DOCUMENTS
You are responsible for ensuring that you hold the correct passport, visa, travel authorisation and other documentation required for your Holiday.
You should check the entry requirements applicable to your nationality, destination and travel arrangements before departure.
Maverix is not responsible for losses arising because you do not hold the required documentation, except where such responsibility cannot lawfully be excluded.
18. TRAVEL ARRANGEMENTS
Unless expressly included within your booking, travel to and from the Holiday destination is your responsibility.
You are responsible for allowing sufficient time for travel and for making appropriate arrangements to account for foreseeable delays.
Maverix will not normally refund missed activities, accommodation or other services where you fail to arrive because of delayed or missed travel arrangements for which Maverix is not responsible.
Where Maverix has expressly arranged a particular transport service, the relevant booking terms will apply.
19. LUGGAGE AND PERSONAL PROPERTY
You are responsible for your own luggage, equipment, valuables and personal belongings.
Maverix is not responsible for loss, theft or damage to personal property except where such liability arises from Maverix’s own breach of legal duty or other liability that cannot lawfully be excluded.
You should ensure that your insurance provides appropriate cover for personal belongings and sporting equipment.
20. CHANGES TO A HOLIDAY
Maverix plans Holidays well in advance and may occasionally need to make changes.
Changes may arise from:
accommodation availability;
Supplier changes;
transport arrangements;
resort or lift operations;
weather and snow conditions;
safety considerations;
local restrictions;
changes in taxation or government requirements;
exchange-rate changes; or
circumstances outside Maverix’s reasonable control.
Where a change is significant and applicable law gives you a right to cancel, amend or receive a refund, Maverix will provide the relevant options in accordance with that law.
Where a change is minor, Maverix may make the change without providing a refund, subject to your statutory rights.
21. CANCELLATION BY MAVERIX
Maverix may cancel a Holiday where reasonably necessary, including because of:
insufficient Participant numbers;
Supplier failure;
safety considerations;
closure of the relevant resort or facilities;
circumstances outside Maverix’s reasonable control; or
other circumstances making the Holiday impractical or unsafe to operate.
Where Maverix cancels a Holiday, the remedies available to you will depend upon the circumstances of the cancellation, the services included in the booking and any applicable statutory requirements.
Where applicable law provides a right to a refund or other remedy, that right will apply.
22. FORCE MAJEURE
Maverix is not responsible for delay, alteration, cancellation, curtailment or failure to perform an obligation to the extent that this is caused by circumstances beyond its reasonable control.
Such circumstances may include:
extreme or adverse weather;
poor or unsafe snow conditions;
avalanche risk;
high winds;
closure of ski areas or lifts;
natural disasters;
fire;
epidemic or pandemic;
war or threat of war;
terrorism or civil unrest;
industrial disputes;
transport disruption;
government restrictions;
road closures;
mechanical or technical failures affecting third-party facilities; or
other events which Maverix could not reasonably prevent or overcome.
Maverix will use reasonable endeavours to minimise disruption and assist Participants where reasonably practicable.
Nothing in this clause removes any statutory rights that apply to a particular booking.
23. BEHAVIOUR AND GROUP SAFETY
Maverix is committed to providing a safe and enjoyable environment for all Participants.
Participants must behave responsibly and respectfully.
Maverix may refuse, suspend or terminate participation where a Participant:
behaves aggressively or abusively;
threatens or intimidates another person;
uses discriminatory or seriously offensive language;
is intoxicated to a degree that creates a safety risk;
repeatedly fails to follow reasonable instructions;
creates a significant safety risk;
damages property;
materially disrupts the group; or
otherwise behaves in a manner that Maverix reasonably considers unacceptable.
Where participation is terminated for these reasons, no refund will normally be provided.
The Participant may also be responsible for reasonable additional costs directly resulting from their conduct.
24. COMPLAINTS
If you experience a problem during a Course or Holiday, you should report it to Maverix or the relevant Supplier as soon as reasonably practicable.
This gives Maverix and/or the Supplier a reasonable opportunity to investigate and, where possible, remedy the issue while you are still participating.
You should provide sufficient information and evidence to allow the matter to be investigated.
This procedure does not remove or restrict any statutory rights relating to death, personal injury, illness or other rights that cannot lawfully be excluded.
25. LIMITATION OF LIABILITY
Maverix does not accept responsibility for loss, damage, injury, delay, expense or other consequences arising solely from risks that are inherent in snowboarding, skiing or mountain activities and which are not caused by Maverix’s breach of its legal duties.
Maverix is not responsible for the acts or omissions of independent third-party Suppliers where those matters are outside Maverix’s reasonable control, subject to any legal responsibility that applies to Maverix.
Nothing in these terms excludes or limits liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
breach of any legal duty which cannot lawfully be excluded or limited; or
any statutory rights which apply to consumers.
Maverix will not be liable for losses which are not reasonably foreseeable consequences of a breach of contract or duty, subject to applicable law.
Nothing in these terms limits any right or remedy which you have under mandatory consumer legislation.
26. ASSUMPTION OF RISK
By participating in a Course or Holiday, you acknowledge that you understand the nature of the activities involved and voluntarily accept the inherent risks associated with them.
You understand that, even where reasonable precautions are taken, accidents and injuries can occur.
You understand that mountain conditions, weather, snow conditions, other participants, lift operations and third-party services may be outside Maverix’s complete control.
You agree to take reasonable care for your own safety and the safety of those around you.
This assumption of risk does not amount to a waiver of any liability that cannot lawfully be excluded.
27. PARTICIPANT RESPONSIBILITY FOR LOSS CAUSED BY THEIR ACTIONS
You may be responsible for reasonable losses, costs or expenses suffered by Maverix or a third party where they arise directly from:
your deliberate or negligent damage to property;
your breach of these terms;
your unlawful conduct;
your deliberate or seriously negligent conduct; or
your failure to follow reasonable safety instructions.
This does not apply to the extent that the relevant loss was caused by Maverix’s own breach of contract, negligence or other legally actionable conduct.
28. PHOTOGRAPHY AND VIDEO
Maverix may photograph or record Courses and Holidays for legitimate business purposes, including marketing, website content, social media and promotional material.
Where identifiable images or recordings are intended for promotional purposes, Maverix will rely on an appropriate legal basis and/or consent mechanism as required by applicable data protection and privacy law.
Participation does not automatically require you to consent to promotional use of your identifiable image.
If you do not wish to be included in promotional photography or video, please notify Maverix before the Course or Holiday and, where reasonably practicable, Maverix will take reasonable steps to respect that request.
Maverix will not knowingly use an image in a misleading, defamatory or deliberately derogatory manner.
29. PERSONAL DATA
Maverix will process personal information in accordance with applicable data protection legislation and its Privacy Policy.
Personal information may be used where reasonably necessary to administer bookings, provide Courses and Holidays, communicate with Participants, manage emergencies, meet legal obligations and carry out other legitimate business activities.
30. THIRD-PARTY SUPPLIERS
Where a Course or Holiday involves a service supplied by another business, that Supplier may operate independently of Maverix.
Examples include:
accommodation providers;
ski resorts;
lift operators;
equipment-hire companies;
transport providers;
independent coaches or guides;
restaurants; and
other local service providers.
Maverix cannot guarantee the continued availability or operation of services controlled by such Suppliers.
Where a service is supplied by a third party, you must comply with that Supplier’s reasonable rules and instructions.
31. WEBSITE AND INTELLECTUAL PROPERTY
All Maverix website content, designs, graphics, text, photographs, logos and other materials are owned by or licensed to Maverix unless otherwise stated.
You may not reproduce, commercially exploit or redistribute Maverix content without prior written permission.
Maverix may amend, update or remove website content from time to time.
Maverix does not guarantee that website content will always be complete, current or error-free.
32. SEVERABILITY
If any provision of these terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where possible.
The remaining provisions shall continue to apply.
33. STATUTORY RIGHTS
Nothing in these terms is intended to remove or reduce your statutory rights.
Where consumer protection legislation or other mandatory legal requirements apply, those requirements take precedence over any inconsistent provision of these terms.
34. GOVERNING LAW AND JURISDICTION
These terms and any dispute arising from them shall be governed by the law of England and Wales, except where mandatory provisions of another jurisdiction apply.
Where you are a consumer, nothing in this clause is intended to deprive you of any mandatory rights or protections available to you under applicable law.
35. FINAL PARTICIPANT DECLARATION
By booking or participating in a Maverix Course or Holiday, I confirm that:
I have read and understood these terms.
I understand that snowboarding, skiing and associated mountain activities involve inherent risks.
I accept responsibility for participating within my own ability.
I agree to follow reasonable instructions given by Maverix and relevant third-party Suppliers.
I understand that Maverix cannot control mountain conditions, weather, snow conditions, other Participants or all third-party activities.
I will use appropriate equipment and wear the required protective equipment.
I will notify Maverix of any relevant medical or other circumstance that may affect my safe participation.
I understand that I am responsible for arranging appropriate insurance for European Holidays.
I understand the cancellation and booking conditions applicable to my Course or Holiday.
I understand that nothing in these terms removes any liability or statutory right that cannot legally be excluded.
By ticking the acceptance box via the agreed registration form, I confirm that I have read, understood and agree to these terms.