These Terms and conditions shall apply to all contracts for the supply of “Guiding Services (referred to as “Activities”)” by TrekMI and shall prevail over any other documentation or communication from the customer.
1. Supply of Service
TrekMI is not a legal entity but a certified and licenced professional. Activities presented and promoted through the TrekMI portal are managed and organized by Sonia Sgarella in respect of these general terms and conditions. Throughout the Activities, the participants will be led by Sonia Sgarella and/or by qualified professionals according to regional and Italian regulations – hereinafter referred to as “Guide” or “Guides”.
2. Assumption of Risk
By participating in any hiking Activity, the customer acknowledges that the activity of hiking involves certain inherent risks that are associated with hiking (the “Activity”).
The customer understands that these risks may result in serious injury or death and that no amount of care, caution, instruction or expertise can eliminate this inherent danger. The customer authorizes any medical treatment deemed necessary in the event of any injuries while participating in the Activity. The customer hereby authorizes the Guide of the Activity to secure such medical advice and services as they deem necessary for the health and safety of the customer and to arrange any emergency evacuation service. The customer consents to release all medical information the Guide determines necessary to any medical provider. The customer also agrees to accept financial responsibility for medical care and/or evacuation that the customer incurs and to provide financial reimbursement for any related costs incurred by TrekMI/Sonia Sgarella or Guide.
The customer agrees and promises to accept and assume full responsibility for all of the known and unknown risks referenced above, including the risk of serious injury or death. The customer’s participation in the Activity is voluntary and the customer elects to participate in spite of these known and unknown risks.
3. Customer’s obligations
The customer declares to be physically fit and to not have any medical condition that would limit or inhibit his/her mobility to engage in the Activity reserved. If the customer has any medical conditions that may affect his/her abilities, including but not limited to pregnancy, heart conditions, asthma, diabetes or hypoglycemia. The customer has the responsibility to disclose such information with TrekMI/Sonia Sgarella and to take all necessary steps to ensure that that condition will not affect his/her safety or the safety of others during the Activity.
The customer declares not to be under the influence of alcohol or drugs, and while on the Activity not to consume or transport alcoholic beverages or illegal/controlled substances.
The customer declares to understand the Hiking Difficulty Level of the selected Activity and to be capable of performing the Activity itself. The customer is responsible to bring appropriate gear and clothing as advised by TrekMI/Sonia Sgarella and agrees to abide by and comply with all instructions and rules given by TrekMI/Sonia Sgarella or the Guide, including any decision to limit or terminate the activity due to weather, physical capabilities or skill level of a participant, medical necessities or for any other reason. Furthermore, the customer understands that it is his/her responsibility to follow all rules and instructions without being reminded or told to do so, and that any failure on the customer’s part to follow these rules may increase the risk of serious injury or death.
The customer is responsible to follow considerate standards of personal hygiene, considerate social behavior with other participants and to respect the areas visited by using environmentally safe products, staying on established routes and not littering. TrekMI reserves the right to decline to accept or retain any person as an Activity participant should such person’s behavior, health, lack of equipment or mental condition impede the operation of the Activity. No refunds will be given if a participant decides to leave the Activity early due to fatigue, inability to handle the terrain or for any other reason, or if a guide determines that a participant lacks the physical capability or skill to participate in some or all of the Activity.
4. Legal Limitation
In cases involving the sale of independent, third party tourist services in which TrekMI only role is as an intermediary between the participant and the provider of the service, such service will remain subject to the conditions set out by each service provider.
Photographs may be taken and videos made during the Activity. The customer grants TrekMI/Sonia Sgarella the unrestricted right and permission to copyright and use of photographic portraits, pictures and video footage in which the customer may be included in full or in part. TrekMI/Sonia Sgarella has the right to reproduce, exhibit, distribute, broadcast, digitalize, edit, or otherwise use the material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the materials into its website, brochures, advertising, or promotional materials. Individual
participants must inform TrekMI or the Guide if they do not intend to give their consent to said specific use.
6. Price of the Service
The price indicated for participation in the specific Activity corresponds to the professional “Guiding Service” of the Guide. Transportation costs, food, accommodation and any other non-budgeted additional costs, which the Guide may contract as an intermediary or must pay during the Activity, will be charged to the customer.
7. Confirmation of the Reservation
Participation in any Activity organized by TrekMI, implies explicit acceptance of the general Terms and Conditions, as well as the Legal Terms of this website www.trek-mi.com and the particular terms of the specific Activity. Once TrekMI receives your request, TrekMI will let you know the total price required to make a reservation and send you the corresponding sign-up form. Participants must provide TrekMI with the following information: Name and surname, telephone, address and email address, DNI or passport, as well as information regarding specific medical conditions. In the case of a group of people, the confirmation of participation, transmitted also by email, by one of the subjects belonging to the group must necessarily indicate the names of the individual participants, in addition to the declaration of having been explicitly authorized by them. This communication represents the willingness of the individual parties indicated to participate and their acceptance of these terms and conditions. Minors under the age of 18 must be accompanied by a parent or an adult who declares in writing that he/she will take custody of the child.
No Activity will be considered reserved until the trip application paperwork has been received and the booking deposit (50% of the total amount due) has been paid. The reservation is considered confirmed when TrekMI sends a further confirmation communication to the customer. The total payment for the Activity is due 10 days prior to the Activity departure.
8. Method of payment
Payments can be made by bank transfer or paypal.
9. Cancellation Policy
If the customer cancels the Activity he/she is entitled to:
– 100% refund up to 10 days prior to the scheduled departure date of the Activity
– 50% refund up to 5 days prior to the scheduled departure date of the Activity
– 0% from 5 days prior to the scheduled departure date of the Activity
If the cancellation involves third-party services, the participant will be required to pay whatever penalties are imposed by those providers’ contracts.In case of a group tour, if the group does not meet the required minimum number of participants, TrekMI reserves the right to cancel the trip up to 5 days prior to the departure and the customer is entitled to full reimbursement of all fees paid.
No refund will be due to those who do not show up on the day of the activity and in the case of renunciation during the Activity.
10. Changes and modifications
TrekMI reserves the right to cancel or modify an Activity due to adverse weather forecast or for any other major reason that may constitute a risk for the customer. The customer will be given an alternative or full refund.
Should the weather or environmental conditions require it, the program can be anticipated or postponed and the customer given the choice to accept it or get a full refund.
In general, only if cancelation is made by the guide the customer is entitled to a full refund