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Full Terms and Conditions – Tobias Modin Consulting (TMC)

1. Applicability

1.1 These terms apply to the contractual relationship between the Guest (“Guest”) and Tobias Modin Consulting (“TMC”).
1.2 TMC Service Providers are:
– Certified Mountain Guides (IFMGA/UIAGM/IVBV)
– Aspiring Mountain Guides (IFMGA/UIAGM/IVBV)
– SKF/UIAA Rock Climbing Instructors
1.3 A reference to these terms, whether verbally or in writing (email, text message, online, etc.), is sufficient for them to apply.

 

2. Conclusion of Contract

2.1 A contract is concluded once Guest and TMC express the mutual intention to undertake a guided activity at a specific time and an invoice has been issued.
2.2 The contract must be concluded in writing via email (t.modin01@gmail.com).
2.3 The contents of a written order confirmation are binding unless the Guest objects within three (3) days of receipt.
2.4 A handwritten signature is only required if expressly requested.
2.5 A booking is only valid once 100 % prepayment has been received by TMC.

 

3. Quality & Responsibility

3.1 TMC only employs qualified guides with valid and updated licenses.
3.2 The guide will act according to current alpine standards with due diligence but can never guarantee absolute safety. A residual risk is inherent in mountain sports.
3.3 The guide will inform Guests about such risks.

 

4. Guest Responsibility

4.1 Guests are personally responsible for having the required skills, fitness, and health.
4.2 By booking and signing the “Risk Waiver Form,” Guests accept all inherent risks of mountain sports.
4.3 Guests must inform TMC of relevant health conditions, skill level, or other factors that may affect safety.
4.4 Guests must strictly follow the guide’s safety instructions throughout the activity.

 

5. Insurance

5.1 TMC holds professional liability insurance. Proof may be provided upon request.
5.2 Guests are required to have personal insurance that explicitly covers mountain activities such as mountaineering, ski touring, climbing, off-piste skiing, search and rescue, and medical repatriation.
5.3 Guests are solely responsible for adequate health and accident insurance.
5.4 Guests are strongly advised to hold cancellation insurance.

 

6. Force Majeure

TMC shall not be held liable for delays, changes, or cancellations caused by circumstances beyond its control, including but not limited to: extreme weather, natural disasters, pandemics, epidemics, war, strikes, transport disruptions, government restrictions, or border closures.
In such cases, no refunds will be issued. However, TMC may, at its sole discretion, offer rebooking or a credit voucher for future services. The Guest bears full responsibility for any additional costs incurred.

 

7. Changes to Programme

7.1 Alternative Tour

  • If the agreed tour cannot be carried out due to weather, conditions, or other external factors, TMC is entitled and obligated to offer the Guest an alternative tour or activity during the agreed period.
     

  • If the Guest accepts the alternative, the same guiding fee applies.
     

  • If the Guest declines, the cancellation or curtailment terms in sections 8 and 9 apply.
     

7.2 Alternative Touring Area or Course Location

  • If the agreed touring area or course location is not accessible or suitable (due to weather, mountain conditions, accommodation issues, transport disruptions, etc.), TMC is entitled and obligated to offer the Guest an alternative area or location during the agreed period.
     

  • If the Guest accepts, TMC is entitled to carry out the alternative programme for the originally agreed guiding fee.
     

  • The Guest is responsible for covering any additional costs incurred due to the change (e.g., transport, accommodation, cancellation fees, etc.).
     

  • If the Guest declines the offered alternative, the cancellation or curtailment terms in sections 8 and 9 apply.
     

 

8. Cancellations

8.1 Cancellation by TMC:
– If due to personal reasons (illness, accident, family emergency), no compensation is owed by either party.
– If due to external reasons (weather, transport, conditions) and Guest declines the alternative, the Guest must pay the full fee and any costs for accommodation, transport, etc.

8.2 Cancellation by Guest:
– More than 61 days before: 1000 NOK administration fee.
– 31–60 days before: 50 % of fee.
– 30 days or less before: 100 % of fee.

 

9. Curtailment and Interruption

9.1 Curtailment by TMC

  • If TMC cancels an ongoing activity for safety reasons, bad weather, or Guest’s inability, the full fee remains due.
     

  • If TMC must curtail a multi-day activity for reasons within TMC’s personal area of risk (illness, accident, family emergency), unused guiding days will be refunded to the Guest.
     

9.2 Curtailment by Guest
If the Guest leaves or interrupts an activity, the full fee remains due and all costs incurred must be paid.

9.3 Curtailment due to Guest’s Breach of Duty
If the activity must be curtailed because the Guest fails to provide accurate information (health, skills, fitness) or does not follow safety instructions, the Guest remains fully liable for 100 % of the guiding fee and all additional costs.

9.4 Curtailment due to Assistance to Others
If the guide interrupts or curtails the activity in order to assist other mountaineers in distress, the Guest remains liable for the guiding fee for the time spent and no refund is owed.

9.5 Evacuation
Guests are liable for all evacuation costs. If multiple Guests are evacuated, costs are to be shared equally.

9.6 Interruption by TMC

  • TMC is entitled to interrupt multi-day activities for up to two (2) days for reasons outside of its personal area of risk (such as weather or mountain conditions), provided there is a reasonable chance to continue the agreed activity afterwards.
     

  • During such interruption, the Guest remains obliged to pay 100 % of the guiding fee for the days of interruption.
     

  • TMC will, where possible and reasonable, offer alternative activities for interrupted days.
     

9.7 Rest Days by Guest
If the Guest requests a rest day during a multi-day activity, the Guest remains obliged to pay 100 % of the guiding fee for the rest day.

 

10. Payment and Costs

10.1 Guide Fee
The agreed guiding fee must be paid 100 % in advance upon booking. A booking is valid only once payment has been received.

10.2 Daily Fee
The guiding fee is generally calculated as a daily fee, depending on the length and difficulty of the activity, terrain, number of Guests, and seasonal conditions.

10.3 Travel Time Compensation

  • Travel days required to reach or return from the activity location may be subject to additional compensation.
     

  • Unless otherwise agreed, the following applies:
     

    • Departure before 09:00 – 80 % of the daily guide fee.
       

    • Departure between 09:00 and 15:00 – 60 % of the daily guide fee.
       

    • Departure after 15:00 – 40 % of the daily guide fee.
       

  • The same applies for return travel days.
     

10.4 Additional Costs
The Guest is fully responsible for all additional costs incurred during the activity. This includes, but is not limited to:

  • Transportation (cars, trains, flights, taxis)
     

  • Cable cars, lifts, or helicopters
     

  • Accommodation and meals for both Guest and Guide
     

  • Rescue or evacuation costs
     

  • Other necessary expenses related to the activity
     

As a general rule, accommodation and meals for the Guide shall be covered at standard local level (mountain huts, hotels, or equivalent). If the Guest chooses a higher standard (e.g. premium or luxury accommodation), the Guest is also responsible for covering the corresponding higher costs for the Guide.

10.5 Equipment Costs
TMC covers costs for personal guide equipment and shared technical equipment (ropes, ice screws, etc.).
The Guest is responsible for personal equipment. In case of rented equipment, the Guest is fully liable for loss or damage beyond normal wear and tear.

10.6 VAT
Value Added Tax (VAT) will be added where applicable according to Norwegian law.

10.7 Summit Tariffs

  • In some regions, local or regional mountain guide associations establish so-called summit tariffs for frequently guided tours.
     

  • These tariffs are recommendations only and typically refer to a single Guest under good conditions.
     

  • If TMC bases its fee on such tariffs, the amount may be adjusted to reflect the actual circumstances of the activity, including but not limited to: number of Guests, terrain conditions, weather, seasonal demand, and Guest fitness level.
     

 

11. Data Protection

Personal data is used only for booking and invoicing. Data is never shared with third parties.

 

12. Applicable Law

This contract is governed by Norwegian law. Any disputes shall be settled in Norwegian courts, with Oslo District Court as the court of first instance.

 

Annex – Risk Waiver

Guests are required to sign a separate Risk Waiver Form before the activity. This form confirms that the Guest has understood and accepted the inherent risks of mountain sports, including serious injury and death.

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