Terms & Conditions

Users Terms and Conditions

These terms and conditions (“UTC”) govern the relationship between Thrusummits Ltd, a private limited company registered in England and Wales with a registered address at  123 Summit Lane, Manchester, M26 1YE, UK, company number 15940904 (hereinafter referred to as “Thrusummits”) and the natural person or legal entity (hereinafter referred to indistinctly as the “User” or “Users”) using the services offered by Thrusummits through its website https://www.thrusummits.co.uk (hereinafter referred to as the “Website”).

General Provisions

1.1 Acceptance of the UTCs

By accessing the Website and/or submitting a Request (as defined below), the User acknowledges having read, understood, and accepted these UTCs without any reserve. Should the User not agree with any of these terms, please refrain from using the Website and the services offered by Thrusummits.

1.2 Definitions

For the purpose of these UTCs, the following terms shall have the following meanings:

Applicable Law: Any national, federal, or local statute, law, ordinance, or regulation, including but not limited to the Consumer Rights Act 2015, the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), and other consumer and data protection laws applicable in the United Kingdom or where the Tour is performed;

Thrusummits: Thrusummits Ltd as identified above;

Guide: The certified guide or company employing (whether as employees or self-employed contractors) certified guides who or that subscribes to the Service by the activation of an account under the GTCs;

GTCs: The Guide Terms and Conditions, available under https://www.thrusummits.co.uk/guides-terms-and-conditions/;

Party(-ies): Individually or collectively, Thrusummits and/or the User;

Platform: The online brokering tool accessible through the Website, on which the Guide is able to promote and offer Tours;

Quote: A firm offer for sale made by the Guide pursuant to a Request from a User. Such Quote must be in writing and contain all information required under Applicable Law;

Registration form: The registration form for Users available at https://www.thrusummits.co.uk/join-us/;

Request: Any request for information or for a booking made by a User in relation to a Tour;

Tour: Any guided summit experience offered by a Guide through the Platform;

Tour Agreement: The agreement entered into between the User and Guide regarding a Tour booked through the Platform;

Tour Price: The price of the Tour as advertised by the Guide on the Platform or as otherwise agreed between the Guide and the User;

UTCs: These User Terms and Conditions, including any variation thereto notified to the User from time to time;

Website: https://www.thrusummits.co.uk and any sub-page or domain thereof;

1.2.1 Headings are for convenience only. They have no influence on the construction or interpretation of the UTCs;

1.2.2 Words or phrases used in the plural form include the singular and vice versa. Any gendered term or phrase includes all other genders;

1.3 Purpose of the Website and of the UTCs

This document sets out the terms and conditions under which Users can use the Platform put at their disposal by Thrusummits.

Through its Platform, Thrusummits allows Users:

to identify and select Tours by reaching the audience of the Website;

to enter into Tour Agreements with Guides offering said Tours;

Thrusummits essentially offers a brokerage service whereby it puts Guides and Users in relation with each other;

Save for limited Tour Price collection services, Thrusummits does not act as the Guide’s agent nor as a travel agency;

Save for specific legal obligations:

Guides are solely responsible for providing content as well as for the accurate and non-misleading nature of such content;

the User is solely responsible for the performance of the Tour Agreements concluded with the Guides and for compliance with any Applicable Laws in relation to the negotiation and the performance of the Tour Agreements;

Content displayed on the Platform is ranked based on three main criteria: commission volume, number and quality of reviews, and number of bookings;

2 USE OF THE PLATFORM

2.1 Identity and Majority

Except where specifically allowed by Applicable Law, only natural persons aged 18 or more or legal entities duly represented by an authorised natural person aged 18 or more may subscribe to the Platform by filling in the Registration form.

By subscribing to the Platform, the User warrants possessing the necessary legal capacity allowing them to enter into contracts under Applicable Law.

2.2 Accurate Information Undertakings

The User undertakes to provide accurate information when subscribing to the Platform and/or when submitting a Request and to update said information when appropriate.

2.3 Requests Submitted by the User

The User acknowledges and accepts that any Request submitted through the Platform:

constitutes an offer to enter into a Tour Agreement with a Guide under Applicable Law;

does not constitute a firm booking until such Request has been accepted by both the Guide and the User;

2.4 Prohibition to Use the Platform for Other Purposes

The User undertakes not to use the Platform for purposes other than those described under section “1.3 Purpose of the Website and of the UTCs”;

Specifically, the User shall not use the Platform to:

send spam or unsolicited communication;

upload or spread viruses or other malware;

act in any way that could reasonably disable, damage, or otherwise impair the Platform;

Except where specifically authorised by Thrusummits in writing, Guides may exclusively use the Platform to promote and offer Tours;

3 TOUR AGREEMENT

3.1 Conclusion of the Tour Agreement

Provided acceptance of the Quote by the User, the Tour Agreement is concluded directly between the User and the Guide;

Save where Thrusummits acts as a collection agent under section “8 Payment”, Thrusummits is not a party to the Tour Agreement;

3.2 Performance of the Tour Agreement

Save for specific legal obligations under Applicable Law:

The performance of the Tour Agreement is exclusively ensured by the Guide;

Any claim relating to the performance of the Tour Agreement must be exclusively addressed to the Guide;

Where Tours imply a significant physical activity such as mountaineering or climbing:

Users acknowledge the inherent risks relating to such Tours;

Users undertake to ensure that they are physically fit for the Tour booked and that they have the necessary insurance coverage in relation thereto;

Thrusummits strongly recommends that Users hire Guides holding adequate qualifications  IFMGA/UIAGM certification;

4 CANCELLATION POLICY

Unless otherwise agreed with the Guide and subject to Applicable Law:

Bookings cancelled more than thirty (30) days prior to the departure date of the Tour may be refunded up to 100% of the Tour Price;

Bookings cancelled between thirty (30) and fifteen (15) days prior to the departure date of the Tour may be refunded up to 50% of the Tour Price;

Bookings cancelled fourteen (14) days or less prior to the departure date of the Tour are non-refundable;

Users acknowledge that Tours may be cancelled by Guides for reasons such as adverse weather conditions or insufficient number of participants;

Users acknowledge that Tours may be cancelled by Thrusummits acting as collection agent where payment has not been made in accordance with section “8 Payment”;

Users may cancel bookings at any time by notifying both Thrusummits and the Guide via the Platform;

5 THRUSUMMITS’ COMMITMENTS AND SERVICE LEVEL

5.1 Availability of the Platform

Thrusummits strives to keep the Platform operational on a 24/7 basis;

Availability of the Platform may however be temporarily suspended for reasons such as:

maintenance operations;

force majeure events such as natural disasters or cyber attacks;

5.2 Information Available on the Platform

Thrusummits strives to ensure that the Tours promoted through the Platform are adequately described;

Save where specifically provided under Applicable Law, the information available on the Platform is uploaded by Guides who remain solely responsible for the content thereof;

6 USER’S COMMITMENTS

The User undertakes:

to use the Platform in good faith;

to refrain from circumventing the Platform by contacting Guides directly with a view to avoiding commission payments to Thrusummits;

to the extent where such option is offered by the Platform, to submit fair and objective reviews regarding Tours booked through the Platform;

7 INTELLECTUAL PROPERTY

Save for content uploaded by Guides:

all elements composing the Platform such as text, pictures, or videos are exclusively owned by Thrusummits;

said elements are protected under Applicable Law relating to intellectual property;

Users undertake not to reproduce said elements without prior written authorisation from Thrusummits;

8 PAYMENT

Where agreed with the Guide, Thrusummits may act as a collection agent regarding Tours booked through the Platform;

In such cases:

8.1 Payment Methods

Users acknowledge that payments may be made through:

8.1.1 Bank transfers to Thrusummits’ bank account;

8.1.2 Credit card payments;

8.1.3 Online payment solutions as established in https://www.thrusummits.co.uk/faq/ “How can I pay for my trip?”;

8.1.4 Other payment methods established by the Guide and User jointly;

8.2 Default of Payment

Where payments are not made within seven (7) days from the booking date unless agreed otherwise between the Guide and the User:

Thrusummits reserves the right to cancel the booking;

Any amount paid may be retained by Thrusummits acting as collection agent as compensation for the Guide;

8.3 Refunds

Except where otherwise provided under Applicable Law or agreed with the Guide:

refunds shall exclusively be made in accordance with section “4 Cancellation Policy”;

Beyond cases listed under section “4 Cancellation Policy”, refunds may be accepted at Thrusummits’ sole discretion;

9 LIMITATION OF LIABILITY

Save for wilful misconduct or gross negligence:

Thrusummits shall not be held liable for damages resulting from the use of the Platform;

Specifically, Thrusummits shall not be held liable for:

any damage resulting from the performance or non-performance of the Tour Agreement by the Guide;

any indirect damage such as arising from loss of chance;

Thrusummits’ liability shall in any case not exceed the Tour Price;

Nothing in these UTCs excludes liability which cannot be legally excluded under Applicable Law, such as liability for death or personal injury caused by negligence;

10 INDEMNIFICATION

The User undertakes to indemnify Thrusummits against:

any damage resulting from a breach of these UTCs;

any damage resulting from the illicit use of the Platform;

11 CONFIDENTIALITY AND DATA PROTECTION

11.1 Privacy Policy

Thrusummits respects Users’ privacy and is committed to protecting the personal information that Users share with it;

Users have a right to know its practices regarding the information Thrusummits collects when Users hire the Service;

Thrusummits’ policy and practices and the type of information collected are described in the Privacy Policy available at https://www.thrusummits.co.uk/privacy-policy/;

11.2 No Use of Personal Data Except for Performance of the UTCs

Except in cases where the communication of personal data to a third-party company is required or desirable for the performance of the Services:

Thrusummits shall refrain from divulging, selling, leasing, or exchanging the personal data to any company or entity other than a company or entity affiliated to Thrusummits;

without the prior explicit approval of the User;

11.3 Rights of Data Subjects

Users may at any time:

request access to their personal data;

request rectification of their personal data;

request deletion of their personal data;

by contacting Thrusummits at info@thrusummits.co.uk;

12 TERM AND TERMINATION

These UTCs:

enter into force upon acceptance by the User;

may be terminated at any time by the User by closing their account;

may be terminated by Thrusummits in case of breach of these UTCs by the User;

Termination of these UTCs shall not affect Tour Agreements already concluded;

13 APPLICABLE LAW AND JURISDICTION

13.1 Applicable Law

These UTCs are governed by the laws of England and Wales;

Tour Agreements are governed by Applicable Law in force where the Tour is performed;

13.2 Jurisdiction

Any dispute arising from these UTCs shall be submitted to the exclusive jurisdiction of the courts of England and Wales;

Disputes arising from Tour Agreements shall be submitted to courts having jurisdiction under Applicable Law;

14 MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

These UTCs constitute the entire agreement between the Parties relating to the subject matter hereof;

14.2 Non-Waiver

Failure by either Party to enforce any right under these UTCs shall not constitute a waiver of such right;

14.3 Severability

Should any provision of these UTCs be deemed unenforceable, remaining provisions shall remain in full force and effect;

14.4 Contact

For any question relating to these UTCs, Users may contact Thrusummits at info@thrusummits.co.uk;