Terms & Conditions

Preamble

The Terms & Conditions, which may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Booking Platform") and or by making a reservation(s), you acknowledge and agree to have read, understood and agreed to the Terms & Conditions as set out below (including the Data Protection & Privacy Statement).

The pages, the content and infrastructure of the pages, and the ability to make online reservations (including the facilitation of a payment service via third party payment processors) provided by The Mountain People Group Ltd on these pages and through the Mountain People website are owned, operated and provided by The Mountain People Group Ltd and are provided for your personal (B2C), non-commercial use only, subject to the Terms & Conditions set out below. The relationship that exists between The Mountain People Group Ltd and our Partner Provider(s) is (are) governed by separate Terms & Conditions which govern the (B2B) commercial relationship we have with each of these Partner Providers by way of a Contractual agreement. Each Partner Provider acts in a professional manner vis-à-vis the Mountain People Booking Platform when making its product(s) and/ or service(s) available on or through the Mountain People Booking Platform (both for its business-to-business (B2B) and/ or business-to-consumer (B2C) relationship). Please note that our Partner Provider(s) may have, declare applicable and or require (acceptance of) – in addition to the policies and fine print as disclosed on the Mountain People Booking Platform, their own Terms & Conditions and house rules for the use, access and consummation of the Reservation(s) (which may include certain disclaimers and limitations of liability).

Definitions

"Mountain People", "us", "we" or "our" means The Mountain People Group Ltd, a limited liability company incorporated under the laws of the Republic of Ireland.

"Booking Platform" means the (mobile) website on which the service is made available owned, controlled, managed, maintained and/ or hosted by Mountain People.

"Reservation(s)" means the various different product(s) and/ or service(s) that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Partner Provider(s) via the Booking Platform.

"Partner Provider(s)" means the provider of product(s) and/ or service(s) as are from time to time available for Reservation(s) via the Mountain People Booking Platform (whether B2B, B2C or B2B2C).

"Service(s)" means the online purchase, order, (facilitated) payment(s) or reservation(s) service as offered or enabled by the Mountain People in respect of various product(s) and/ or service(s) as from time to time are made available by Partner Provider(s) via the Mountain People Booking Platform.

1.      Scope of Service

Via the Mountain People Booking Platform, we (The Mountain People Group Ltd) provide an online platform through which our Partner Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and or services for order, purchase, reservation, rent or hire, and through which relevant consumers of the Platform can discover, search, compare, and make an order, reservation, purchase or payment of such product(s) and/ or service(s). By using or utilising the Mountain People Booking Platform as stated above, you enter into a direct (legally binding) contractual relationship with the Partner Provider(s) with which you make a reservation(s) or purchase a product(s) and/ or service(s) (as applicable). From the point at which you make your Reservation(s), we act solely as an intermediary between you and the Partner Provider(s), transmitting the relevant details of your Reservation(s) to the relevant Partner Provider(s) and sending you a confirmation email for and on behalf of the Partner Provider(s). The Mountain People Group Ltd does not (re)sell, rent out, offer any (travel) product(s) or service(s).

By the provision of our service via the Mountain People Booking Platform, the information that we disclose is based on the information provided to us by our Partner Provider(s). As such, the Partner Provider(s) that market and promote their product(s) and/ or service(s) on the Mountain People Booking Platform are given access to our systems and/or communicate with us through a variety of connectivity means (Extranet, API, XML Feed,Channel Manager, E-mail, Request, etc) through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on the Booking Platform. Although we will use reasonable skill and care in performing our service(s), we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Booking Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Partner Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Booking Platform.

The Mountain People Booking Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, of any Partner Provider(s) (or its facilities, venue, vehicles, (main or ancillary) product(s) and/ or service(s)) made available, save as explicitly indicated or set out otherwise.

Our service(s) are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape, etc), display, download or reproduce any content or information, software, reservations, tickets, product(s)and/or service(s) available on our Booking Platform for any commercial or competitive activity or purpose.

2.      Pricing, VAT / Sales Tax and Tourist / City Tax

The prices offered by the Partner Provider(s) via our Booking Platform are highly competitive and consist of the Partner Provider(s) current pricing at the time of display. All prices for your Reservation(s) are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated otherwise on our Booking Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including Tourist / City tax) may be charged by the Partner Provider(s) in the event of a no-show or cancellation.

Tourist and/ or City Tax may in some cases not be included in the price displayed by our Partner Provider(s). In this case, the applicable Tourist and/ or City Tax will be payable at the time you redeem your Reservation(s). In all instances, you will be made aware whether or not the applicable Tourist and/ or City Tax has been calculated in the price displayed by our Partner Provider(s) via the Booking Platform or if the applicable Tourist and/ or City Tax is to be payable at the time of redemption of your Reservation(s) directly to the Partner Provider(s).

At times, cheaper rates may be available on our Booking Platform for a specific period(s), product(s) and/ or service(s), however, these rates, made available by our Partner Provider(s), may carry specific restrictions and/ or conditions, for example non-cancelable and non-refundable. Please check the relevant product(s), service(s) and reservation(s) conditions and details thoroughly for any such conditions prior to making your reservation(s) of such cheaper rates.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions offered by our Partner Provider(s) are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes (including misprints).

3.      Data Protection & Privacy

The Mountain People Group Ltd holds your Data Protection and Privacy rights in the highest regard. For full information regarding this, please see our dedicated Data Protection and Privacy area.

4.      Partner Providers Pay Commission (So You Don’t Have To)

Unless stated clearly, our service(s) is (are) free of charge for consumers because, unlike many other parties, we will not charge you for our service(s) or add any additional (reservation) fees to the rate(s) displayed by our Partner Provider(s). You will pay the Partner Provider(s) the relevant amount as indicated in the Reservation(s) (plus - insofar as not included in the price – relevant applicable taxes, levies and fees (where applicable)).

Partner Provider(s) pay a commission (being a small percentage of the product(s) and/ or service(s) price) to the Mountain People Group Ltd after the consumer has made payment for the product(s) and/ or service(s) of the Partner Provider(s).

Unlike other parties, we do not charge our Partner Provider(s) varying rates of commission or offer them better position in the ranking based on increasing the commission they pay. This ensures that consumers utilising the Mountain People Booking Platform are displayed honest and accurate results based on their preferences and their preferences alone.

Partner Provider(s) must have a contractual relationship with The Mountain People Group Ltd (through an agreement). Only Partner Provider(s) with such contractual relationships will be made available on the Booking Platform (for their B2B and/ or B2C promotion of their product(s) and/ or service(s)). The Mountain People Group Ltd does not allow non-professionals to offer or sell their product(s) and/ or service(s) via or through the Mountain People Booking Platform or any of our other channels.

5.      Payment and Payment Facilitation

For product(s) and/ or service(s), The Mountain People Group Ltd facilitates (through third party payment processors) the payment of the relevant product(s) and/ or service(s) (i.e. the payment facilitation service) for and on behalf of the Partner Provider(s) (The Mountain People Group Ltd never acts nor operates as the merchant of record). Consumer Payment(s) is(are) safely processed from your credit/debit card or bank account to the bank account of the Partner Provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Partner Provider(s) will in each case constitute a payment of (part of) the booking price by you of the relevant product(s) and/ or service(s) in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

For certain (non-refundable) rates or special offers, please note that Partner Provider(s) may require that payment(s) is (are) made upfront by wire transfer (if available) or by credit / debit card, and therefore your credit / debit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Reservation(s). Please check the (reservation(s)) details of your product(s)and/or service(s) of choice thoroughly for any such conditions prior to making your Reservation(s). You will not hold The Mountain People Group Ltd liable or responsible for any (authorised, (allegedly) unauthorised or wrong) charge by the Partner Provider(s) and not (re)claim any amount for any valid or authorised charge by the Partner Provider(s) (including for pre-paid rates, no-show and chargeable cancellation) of your credit / debit card.

In the event of credit / debit card fraud or unauthorised use of your credit / debit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation(s) made on our Booking Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud (suspected fraud) to your credit / debit card provider (in accordance with its reporting rules and procedures) and contact us (customersupport@mountainpeople.ie) immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit / debit card company and charge applied). This indemnification only applies to credit / debit card Reservation(s) made using The Mountain People Group Ltd’s Booking Platform and the unauthorised use of your credit / debit card resulted through our fault or negligence and through no fault of your own while using the Mountain People Booking Platform and/ or our other channels.

6.      Prepayment, cancellation, no-show and Partner Provider(s) Terms & Conditions

By making a Reservation(s) with a Partner Provider(s), you accept and agree to the relevant cancellation and no-show policy of the Partner Provider(s), and to any additional terms & conditions of the Partner Provider(s) that may apply to your Reservation(s) (including the fine print of the Partner Provider(s) made available on our Booking Platform and the relevant house rules of the Partner Provider(s)), including for product(s) offered and/ or service(s) rendered by the Partner Provider(s). The relevant terms and conditions of a Partner Provider can be obtained with the relevant Partner Provider(s) and via the Booking Platform. The general cancellation and no-show policy of each Partner Provider is made available on our Booking Platform on the Partner Provider(s) information pages, during the reservation(s) procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable Tourist / City Tax may still be charged by the Partner Provider(s) in the event of a no-show or charged cancellation. Please check the (reservation(s)) details of your product(s)and/or service(s) of choice thoroughly for any such conditions prior to making your reservation(s).

Please note that a Reservation(s) which requires down payment(s) or (wholly or partly) prepayment(s) may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Partner Provider(s) and the Reservation(s). Cancellation and prepayment policies may vary per product(s) and/ or service(s) of each Reservation(s). Please carefully read the fine and important information in your reservation(s) confirmation for additional policies as may be applied by the Partner Provider(s) (e.g. in respect of age requirement, security deposit, non-cancellation / additional supplements for group bookings, extra beds / no free breakfast, pets / cards accepted). Late payment(s), wrong bank, debit or credit card details, invalid credit / debit cards or insufficient funds are at your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Partner Provider(s) agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust, amend or cancel your Reservation(s), please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Partner Provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the Partner Provider(s) carefully prior to making your Reservation(s) and remember to make further payment(s) on time as may be required for the relevant Reservation(s).

Mountain People may apply a processing fee of €30 in the event of a consumer wishing to cancel the Reservation(s) of a Partner Provider(s) product(s) and/ or service(s) made via Mountain People and/ or the Mountain People Booking Platform.

If you have a late or delayed arrival on the check-in date, reservation(s) date or booked time/slot period or only arrive the next day, make sure to (timely / promptly) communicate this with the Partner Provider(s) so they are aware as to when to expect you to avoid cancellation of your Reservation(s) or charge of the no-show fee(s). Our Customer Support Team (customersupport@mountainpeople.ie) can help you if needed with notifying the Partner Provider(s). The Mountain People Group Ltd does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation(s) or charged no-show(s) fee(s) by the Partner Provider(s).

7.      Correspondence & Communication

By completing a Reservation(s) with Mountain People or via the Mountain People Booking Platform, you agree and acknowledge to receive (i) email(s) which we may send to you shortly prior to your arrival date, giving you information on your product(s) and/ or service(s), relevant to your Reservation(s), (ii) email(s) we may send to you after arrival to rate the (experience with your) Partner Provider(s), product(s) and/ or service(s), and (iii) email(s) which we may send to you promptly after your Reservation(s) completion, inviting you to complete our consumer review form. See our Data Protection & Privacy area for more information about how we may contact you.

The Mountain People Group Ltd disclaims any liability or responsibility for any communication by or with the Partner Provider(s) on or through Mountain People and/ or the Mountain People Booking Platform. You cannot derive any rights from any request to, or communication with the Partner Provider(s) or (any form of) acknowledgement of receipt of any communication or request. The Mountain People Group Ltd cannot guarantee that any request or communication will be (duly and timely) received, read by, complied with, executed or accepted by the Partner Provider(s).

In order to duly complete and secure your Reservation(s), you must use your correct email address. The Mountain People Group Ltd are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong phone or mobile phone number or credit / debit card number.

Any complaint or claim a consumer wishes to lodge against The Mountain People Group Ltd or in respect of the service(s) must be promptly submitted, but in any event, within 15 days after the scheduled day of consummation of the product(s) and/ or service(s). Any complaint or claim that is submitted after the 15 day period may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation. Any complaint or claim should be sent to customersupport@mountainpeople.ie in line with above.

Due to the continuous update and adjustments of availability and prices, we strongly suggest you take screenshots when making a reservation(s) to support your position (if needed) in the case of making a complaint or claim.

8.      Partner Provider(s) Ranking & Star Status

The rating(s) and/ or star rating(s) displayed on the Mountain People Booking Platform are not determined by The Mountain People Group Ltd. The Partner Provider(s) determines their rating themselves or it is determined by an independent third party provider of (objective) star ratings. Depending on the (local) regulations, the rating and or star classifications either are assigned by an (independent) third party, for example an (official) hotel rating organisation or are based on the opinion of the Partner Provider(s) themselves, irrespective of objective criteria. The Mountain People Group Ltd does not impose formal obligations on ratings and/ or star ratings and does not review them. Overall, the rating and/ or star classification is a representation of how the Partner Provider(s) compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary) industry standards in terms of price, facilities and available product(s) and/ or service(s) (these requirements and standards can vary between different Countries, Regions and Organisations).

Only customers who have made a Reservation(s) and Consumed product(s) and/ or service(s) via the Mountain People Booking Platform may be asked to comment and/ or review the Partner Provider(s) product(s) and/ or service(s). The completed comment and/ or review (including submitted rating(s)) if requested, may be (a) uploaded onto the relevant Partner Provider's information page on our Booking Platform for the sole purpose of informing (future) consumers of your opinion of the service (level) and quality of the Partner Provider’s product(s) and or service(s), and (b) (wholly or partly) used and placed by The Mountain People Group Ltd at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Booking Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by The Mountain People Group Ltd and our business partners. 

The Mountain People Group Ltd reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar as it violates the list below. The Mountain People Group Ltd does not compensate or otherwise reward a customer(s) for completing a review(s). The customer(s) review(s) form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. The Mountain People Group Ltd undertakes to use its best efforts to monitor and remove reviews that include (but are not limited to);

  •       Obscenities or the mention of an individual’s name;

  •       Mention of full names, personal attack towards our staff and/ or staff of a Partner Provider(s);

  •      Mistruths or misrepresentations regarding Mountain People and/ or our Partner Provider(s);

  •       Statements that are wholly or factually inaccurate or misleading;

  •       Promoting illegal activities (e.g. drugs, prostitution, stolen goods, terrorism, etc);

  •       Politically sensitive or insensitive and/ or inflammatory commentary;

  •       Links to websites, emails and addresses, phone numbers, cc details, etc.

9.      Disclaimer

Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, The Mountain People Group Ltd shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our service(s), up to an aggregate amount of the aggregate cost of your Reservation(s) as set out in the Reservation(s) confirmation email (whether for one event or series of connected events).

However and to the extent allowable by law, neither The Mountain People Group Ltd nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the information (including but not limited to, rates, availability and ratings) of the Partner Provider(s) as made available on our Booking Platform, (iii) the product(s) offered and/ or the service(s) rendered by the Partner Provider(s) or other business partner(s), (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Booking Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Partner Provider(s) or any of our other business partner(s) (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose product(s) and/ or service(s) are (directly or indirectly) made available, offered or promoted on or through the Booking Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

You acknowledge and agree that the relevant Partner Provider(s) is (are) solely responsible and assumes all responsibility and liability in respect of the Reservation(s) (including any warranties and representations made by the Partner Provider(s)). Mountain People is not a (re)seller of the product(s) and/ or service(s). Complaints or claims in respect of the Reservation(s) (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Partner Provider(s). Mountain People are not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.

Whether or not the Partner Provider(s) has charged you for your Reservation(s), or if we are facilitating the payment(s) (via third party payment processors) of the (Reservation(s)) price or fee, you agree and acknowledge that the Partner Provider(s) is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Reservation(s)) price or fee to the relevant tax authorities. Mountain People is in no way liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Reservation(s)) price or fee to the relevant tax authorities. Mountain People does not act as the merchant of record for any product(s) and/ or service(s) made available on the Booking Platform.

10.   Intellectual Property

Mountain People exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the Mountain People Booking Platform, including the look and feel of (including infrastructure) the Booking platform on which the product(s) and/ or service(s) are made available.

You are not entitled to copy, scrape, link to (Hyper and/ or Deep), publish, promote, integrate, utilise, combine or otherwise use the content of Mountain People and or the Mountain People Booking Platform or the Mountain People brand without the express written permission of The Mountain People Group Ltd. To the extent that you would (wholly or partly) use or combine our (translated) content (including commentary and/ or reviews) or would otherwise own any intellectual property rights in the Booking Platform or any (translated) content or reviews, you hereby assign, transfer and set over all such intellectual property rights to Mountain People. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of the intellectual property rights, including copyright and/ or trademarks of The Mountain People Group Ltd. 

11.   Jurisdiction

The Terms & Conditions and the provision of our services shall be governed by and construed in accordance with the Laws of The Republic of Ireland. Notwithstanding the foregoing choice of Irish law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause). Any dispute arising out of these general Terms & Conditions and our services shall exclusively be submitted to the competent courts in Dublin, the Republic of Ireland. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the Courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our dedicated Customer Support Team, customersupport@mountainpeople.ie. Our dedicated Customer Support Team will do their upmost to resolve any complaint you may have. Mountain People also act as an intermediary between consumers utilising the Booking Platform and our Partner Provider(s) in the event of an issue or complaint. If a Partner Provider(s) is (are) found to have allowed any complaint or defect relating to their product(s) and/ or service(s) to go unresolved, their ability to provide product(s) and/ or service(s) via the Booking Platform may be restricted and/ or removed until such time as the defect has been resolved to the satisfaction of Mountain People.

If we cannot resolve your complaint, you can upload your complaint to the European Online Dispute Resolution (ODR) platform. This Platform can be accessed via ec.europa.eu/consumers/odr.

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