Legal

Terms & Conditions

The operating terms for trips, bookings and guiding services provided by Element Adventures.

Booking terms, cancellation & safety

Element Adventures is operated by Rockbusters s.r.o. and is inquiry-based: sending an inquiry does not confirm a booking. The booking, cancellation and safety terms below apply once a booking has been accepted and confirmed in writing by Rockbusters s.r.o. — not at the moment an inquiry is submitted.

Contracting party: Rockbusters s.r.o. (also referred to as Rockbusters), Klíšská 100/165, Klíše, 400 01 Ústí nad Labem, Czech Republic. Company registration number 06675603. VAT number CZ06675603. Element Adventures is a trading brand of Rockbusters s.r.o.

1. Contract formation

A contractual relationship between Rockbusters s.r.o. (the “Provider”) and the participant or purchaser (the “Client”) is created once a deposit or full payment for services has been credited to the Provider’s account, or once the Provider has issued a written booking confirmation.

A Client or Purchaser is any participant of the ordered services as well as the person who ordered or booked the services.

2. Bookings and reservations

The Client can book services through the Element Adventures website, by telephone, or in person. When booking, the Client must provide a valid reservation code or any other information needed for verification if requested by the Provider or its staff.

3. Payment

The Purchaser is obliged to pay the amount listed on the price list. The up-to-date price list is published on the website or quoted on the spot. The due date of the payment or deposit is agreed individually in the booking confirmation or stated on the website.

4. Liability waiver — inherent risk

The Provider is obliged to inform Clients that the services are not suitable for children under eight years of age, people with heart conditions, epilepsy, high blood pressure, fear of heights, or similar health conditions.

Clients participate at their own risk and responsibility. Climbing, skiing, ski touring, snowboarding and related mountain activities are inherently dangerous and can result in serious injury or death, even under professional guidance. Participants take part voluntarily, accept these risks, must declare relevant medical conditions and experience honestly, and must follow guide or instructor instructions at all times.

The Provider pledges to give Clients specific training in technique, safety, equipment and other conditions connected with the provided services. The Provider is responsible for inspecting the equipment supplied by the Provider to be used.

The Provider is not responsible for equipment not provided by the Provider. This includes equipment the Client has borrowed elsewhere or the Client’s own equipment.

The Provider has no liability if the Client conceals or does not provide information about his/her health conditions and complications that could cause injury or death.

Wearing a helmet is recommended during the whole activity with no exception. Not complying with this recommendation is at the Client’s own risk.

The Provider has no liability for Clients that decide not to obey the instructions given by the Provider or its staff, or for Clients acting in a dangerous or harmful way either to themselves or to others.

The Provider has no liability for private and independent activities not arranged and provided by the Provider. The Provider does not arrange health and travel insurance and has no liability for medical or other expenses arising from unsuitable travel or climbing insurance.

The Provider strongly recommends arranging climbers’ insurance such as BMC and Alpenverein.

Clients waive the possibility of pressing charges against the Provider, its staff, and other people acting in the Provider’s name, regarding real or consequential damage of any sort, known or unknown, expected or unexpected, resulting from or connected in any way with the provided services and the Client’s participation in those services.

All claims and litigations arising from these terms and during the activities abide by the Czech legal system and will be arbitrated by a Czech court with territorial jurisdiction.

The Provider is not accountable for the weather during the planned activity. In case of bad or unsuitable weather, the Provider may cancel, postpone or re-plan the activity. If the activity is cancelled, the Provider may claim reimbursement of the expenditures spent while organizing the activity.

5. Responsibilities of the Provider

The Provider is responsible for all the material and equipment it lends or provides to the Client for the activity, excluding manufacturing defects.

The Provider is responsible for all the instruction provided by its guides or instructors during the whole activity.

In the case of an accident, the Provider provides adequate assistance.

6. Health complications

In case of health complications the Provider has a first aid kit and, if needed, can call emergency medical services. If the Client does not feel well during the activity due to an asthma attack, fear of heights or any similar condition, he/she can ask the staff to terminate the activity.

The Provider has the right to terminate the activity at any time it considers appropriate. If the Client suffers from any of the health conditions mentioned above and participates in the activities regardless, the Provider is not liable for any health complications or financial loss arising from those.

7. Conditions for termination of contract and refund

Cancellation fees scale with proximity to the activity start date:

  • More than one month before the activity start: the Client will receive a full refund.
  • More than one week and less than one month before the activity start: the Provider retains 50% of the price.
  • Less than one week before the activity start: no refund.
  • In case of a sudden and unexpected incident (for example injury or sickness), the payment may be transferred to another Rockbusters activity that takes place within six months of the original activity.
  • Discounted third-party camps: no refunds. If a camp is cancelled at least 30 days before the camp start date, the amount will be held as a credit valid for any Rockbusters camp for six months from the cancellation date.

8. Return policy for improperly provided services

The Provider is responsible for the provided services to be of stipulated quality and to be carried out in accordance with the agreement, namely that the services correspond with their description.

Complaints regarding the services provided may be submitted during the provision of the concerned services. Hidden defects must be claimed immediately after the Client learns about them, and no later than six months after the services were provided.

In case the services were improperly provided, the Client has the right to a rectification free of charge. If rectification is not possible, the Client has the right to an adequate discount or to a full refund.

The rights from improperly provided services do not apply if the Client was aware of the defects before the services were provided, or if the Client caused the defects him/herself.

9. Contact information

Contracting party: Rockbusters s.r.o., Klíšská 100/165, Klíše, 400 01 Ústí nad Labem, Czech Republic. Company registration number 06675603, VAT number CZ06675603. For any questions related to these terms, contact info@elementadventures.eu.