SEA AND SUMMIT 合同会社 · GUIDING, MEDIA AND ADVENTURE SERVICES
Activities Terms & Conditions
Sea And Summit Collective · Sea And Summit Media · Niseko, Hokkaido, Japan
SECTION 1
About These Terms and the Parties
These Terms govern the provision of guiding, media, and adventure services (the “Services”) by Sea And Summit 合同会社, trading as Sea And Summit Media and Sea And Summit Collective (the “Company”, “we”, “us”), to the person who books or receives the Services (the “Guest”, “you”). Your preferred date of service cannot be guaranteed until payment is made by you or by a booking agent on your behalf. Payment for Services, whether partial or complete, constitutes acceptance of these Terms.
SECTION 2
Company Information
Legal name: Sea And Summit 合同会社
Representative (代表社員): Chad Andrew Clark
Registered address: 3 Chome 18-37 Nisekohirafu 5 Jo, Abuta-gun, Kutchan-cho, Hokkaido, 044-0086
Email: info@seaandsummitcollective.com
WhatsApp: +81 80 3517 1238
Prices: Shown in Japanese yen, inclusive of consumption tax unless stated otherwise.
Payment methods and timing: Credit card or domestic bank transfer in your home country. Due at the time of booking.
Provision of services: On the date(s) agreed at the time of booking.
Cancellation and refunds: As set out in Section 4.
SECTION 3
Booking and Payment
The Guest’s preferred date of service cannot be guaranteed until payment is made by the Guest or by a booking agent. Payment for Services, whether partial or complete, constitutes acceptance of these Terms.
SECTION 4
Cancellation and Refunds
STANDARD BOOKINGS
Notice is counted from the start date of each booked service. Consecutive days booked together count as one service, starting on the first day.
- 90+ days advance notice: fully refundable less a 10% administration/processing fee.
- 30 to 89 days advance notice: 50% cancellation fee applied.
- Less than 30 days: 100% cancellation fee.
- Refunds processed within 30 days.
MULTI-DAY BOOKINGS (3+ CONSECUTIVE DAYS OUTSIDE NISEKO)
- 50% non-refundable deposit due at booking.
- Remaining 50% due 90 days before service start.
- Cancellations within 90 days are non-refundable.
The cancellation charges above reflect a reasonable pre-estimate of the costs and losses the Company incurs from a cancelled booking, including reserved guide time, third-party costs committed on the Guest’s behalf, and lost re-sale opportunity.
SECTION 5
Adverse Weather and Snow Conditions
Snow quality cannot be guaranteed. If all ski lifts close due to weather, Services will be rescheduled or receive a full refund. If terrain remains accessible and safe, Services proceed without refund. The Company may modify plans based on conditions and safety considerations.
SECTION 6
Injury or Illness
No compensation will be made for any injury or illness incurred once the Service has already commenced. Future Services may be rescheduled or refunded on presentation of valid medical documentation within 24 hours.
SECTION 7
Alcohol, Drugs and Guest Conduct
We reserve the right to cancel any Service, without refund, if the Guest is under the influence of alcohol or drugs.
The Company may also refuse, suspend, or end a Service without refund where, in the reasonable judgement of the guide, a Guest’s conduct, health, or ability presents a risk to themselves, other participants, staff, or the public, or where a Guest fails to follow reasonable safety instructions.
SECTION 8
Lift Passes
Valid lift passes must be obtained by the Guest before the Service. Missed portions of a Service due to invalid or missing passes are non-refundable.
SECTION 9
Clothing and Equipment
Guests must provide appropriate clothing and equipment before the Service. No time extensions are granted for late arrivals.
SECTION 10
Travel and Medical Insurance
International guests must carry valid travel insurance covering accidents and medical emergencies. The Company assumes no financial responsibility for medical costs.
All Guests, including those resident in Japan, are strongly advised to hold personal accident and medical insurance appropriate to the activity, including backcountry and rescue cover where relevant.
The Company recommends you also take out trip-cancellation insurance before you travel, as we cannot refund cancellations for medical or personal reasons outside the policy above.
SECTION 11
Assumption of Inherent Risk
The Guest acknowledges that outdoor mountain activities, including skiing, snowboarding, backcountry travel, hiking, and related activities, carry inherent risks that cannot be eliminated even with reasonable care. These risks include, without limitation, avalanche, falls, collision, sudden weather change, terrain and natural hazards, cold and exposure, equipment failure, and the acts of the Guest or of other people. The Guest voluntarily accepts these inherent risks as a condition of participating in the Services.
SECTION 12
Accident and Personal Liability
Outdoor activities are inherently dangerous. The Company and its representatives cannot be held liable for any accident, injury, illness, or death that occurs prior to, during, or after an outdoor activity Service, or for any loss of equipment.
SECTION 13
Limitation of Liability
Nothing in these Terms excludes or limits the Company’s liability where such exclusion or limitation is not permitted by Japanese law, including liability for death or personal injury caused by the Company’s intentional act or gross negligence. Subject to that, and to the fullest extent permitted by law: (a) the Company is not liable for loss, injury, or damage arising from the inherent risks of the activity accepted by the Guest under Section 11, from the Guest’s own acts, omissions, or breach of these Terms, or from causes beyond the Company’s reasonable control; and (b) the Company’s total aggregate liability for any claim connected with the Services shall not exceed the total fees paid by the Guest for the Services giving rise to the claim.
SECTION 14
Guest Health, Fitness and Disclosure
The Guest confirms they are in adequate health and physical condition to take part in the booked Services and will disclose to the Company, before the Service, any medical condition, injury, allergy, pregnancy, or limitation that may affect their safe participation or that of others. The Company may adjust, or decline to provide, a Service on safety grounds based on that information.
SECTION 15
Minors
Where a Guest is under 18 years of age, the booking must be made or authorised by a parent or legal guardian, who accepts these Terms on the minor’s behalf and is responsible for the minor’s supervision except during the portion of the Service actively supervised by the Company’s guide. Media consent for a minor (Section 17) must be given by the parent or guardian.
SECTION 16
Third-Party Services
The Company provides its own guiding, media, and adventure Services. Where the Guest arranges, or asks the Company to help introduce, third-party services such as transport, accommodation, lift tickets, or other operators’ activities, those services are supplied by the third party under the third party’s own terms and at the Guest’s own risk.
SECTION 17
Media, Images and Consent
Unless the Guest requests otherwise, the Guest grants permission to the Company to use images (still images and videos) captured during the Services for the Company’s commercial purposes.
A Guest may decline media use at any time by written notice, and the Company will cease new uses within a reasonable period. Consent for a minor must be given by a parent or legal guardian.
SECTION 18
Personal Data and Privacy
The Company handles personal data in accordance with Japan’s Act on the Protection of Personal Information (APPI) and its published privacy policy, which sets out what data is collected, the purposes of use, sharing, retention, and how a Guest may request access or correction.
SECTION 19
Force Majeure
The Company is not liable for failure or delay in providing the Services caused by events beyond its reasonable control, including natural disaster, severe weather, avalanche closure, fire, epidemic or public-health measures, government action, transport disruption, or loss of access to terrain. In such cases the Company will, where reasonable, offer rescheduling or a refund consistent with Section 4.
SECTION 20
Complaints
If a Guest is dissatisfied, they should raise the matter with the guide at the time where possible, and in writing to info@seaandsummitcollective.com within a reasonable period after the Service, so the Company has a fair opportunity to respond.
SECTION 21
Governing Law and Jurisdiction
These Terms are governed by the laws of Japan. The parties submit to the exclusive jurisdiction, as court of first instance, of the Sapporo District Court having jurisdiction over the Company’s registered office.
SECTION 22
Language
These Terms are provided in English.
SECTION 23
Severability
If any provision of these Terms is found to be void or unenforceable under Japanese law, that provision applies to the maximum extent permitted, or is severed, and the remaining provisions continue in full force.
SECTION 24
Entire Agreement and Changes
These Terms, together with the booking confirmation and any signed release, form the entire agreement between the Guest and the Company for the Services. The Company may update these Terms from time to time; the version in force at the time of booking applies to that booking.
SEA AND SUMMIT 合同会社
