Ticketing and Pricing Policies

The following booking conditions form the basis of your contract with Sea To Sky Management BV, operating as “Pelican Peak”. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

Pelican Peak’s top priority is the well being of each and every guest who takes part in the tour. All equipment utilized has been engineered and meets or exceeds industry standards to ensure an enjoyable experience for our guests. Our ziplines and platforms are inspected daily and are registered with the ACCT Safety Authority. In addition, our guides are thoroughly trained in every aspect of working at heights, so you can feel confident you are in good hands while on your tour.

Please refer to our frequently asked questions for additional information on what to bring and wear for your tour. A 100% deposit is due at the time of the reservation.

Zipline Requirements

All guests will be required to follow the safety policies and procedures of Pelican Peak Tours and the guides’ instructions during activities.

Physical and Health Requirements – Our tour is an “active participation” activity. This tour is not appropriate for those with recent/chronic back or knee issues and participants must be able to raise their arms above their head. Our tour is not recommended for those who are pregnant, or those who experience dizziness, seizures, or have any other physical impairments. Those with heart conditions or high blood pressure should consult a physician prior to making a reservation.

Guests must also be able to hold to their slings with one hand, and bear weight on both legs for extended periods of time without the use of aids. We recommend that you be able to easily climb stairs and you can stand from a seated position without difficulty. If you have a medical condition of any kind which limits your physical activity you must notify us prior to the tour.

Weight Restrictions – Our weight restrictions are 70lbs  minimum and 250lbs maximum.

Weather – Pelican Peak operates during rain or shine. We will not refund tickets based on average weather conditions for the area. However, we are obligated to follow industry requirements around wind speeds and direction. Should a tour be cancelled by Pelican Peak as a result of weather related safety by the lead guide, guests will be offered the options to:

  • Wait until the wind subsides and attempt to reschedule as soon as possible.
  • Reschedule for a different day based on availability.
  • Accept a full refund.

Waiver – All guests will be required to sign a Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement in favor of Pelican Peak before departing on any trip. Parents or Guardians are required to sign for participants under 18 years of age.

This document outlines the risk involved with ziplining and walking on our course. By completing the waiver, you are agreeing to accept this risk. The waiver must be completed at time of check-in and witnessed by our staff.

Each guest agrees and acknowledges when they sign up for a Pelican Peak activity that they have significant responsibility for their own safety and that they agree they are ULTIMATELY RESPONSIBLE for their own safety during participation in a tour.

Please feel free to read over our waiver prior to your visit by clicking on the following link:

• Closed-toed and closed-heel shoes are advised for all guests. We do not recommend dress shoes, high heels or flip flops.

• Be advised there is one short, yet moderate nature hike between the shuttle drop off and the zipline.

Check In – Unless otherwise specified, check-in time for all tours is 30 minutes prior to the scheduled tour time.

Safety standards – Please note, it is the requirements and standards of St Maarten, in which the services which make up your tour are provided in, which apply to our services and not those of the USA or Europe. The requirements and standards of St Maarten are likely to be lower than those applicable in the USA or Europe. In particular, standards of health and safety and hygiene are likely to be significantly below those which can be expected in your home nation.

However we do ensure that the safety systems in place for your protection are based on international standards and we are committed to removing as many risk factors as possible to allow you to enjoy the tour.

Guests will be fitted with a body harness by a guide and will then attend a zipline orientation to learn the rules and procedures governing safety for this activity.

On the tour the staff will clip guests in and out of the ziplines and safety cables. Guests must obey the safety procedures and instruction of their guides at all times

Pelican Peak reserves the right to cancel tours due to inclement weather, foreseeable hazards, insufficient bookings, or events beyond our control. In these events, full refunds will be issued or alternative dates offered.

Booking and Cancellation Policy

Please Note: If you book a Pelican Peak tour which is arranged or provided by a travel agent, cruise ship representative or tour operator (‘travel organizer’) with whom you book (and not us), your booking and cancelation policies contract for your tour will be with your travel organizer and not with us. The travel organizer’s own booking conditions will apply to your contract. Please ensure you obtain a copy of these from your travel organizer before or at the time of booking. Please note, we do not have any liability to you in these circumstances. However, in the event we are found liable to you on any basis, our liability and/or obligations to you or your organizer will be no greater or different to the liability and obligations we have under these booking conditions to consumers who have a contract with us. In any such situation we will be fully entitled to rely on all defences, exclusions and limitations contained in the booking conditions.

These booking conditions only apply to tour arrangements which you book with us in St Maarten and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, “tour” or “arrangements” mean such tour arrangements unless otherwise stated.

In these booking conditions, “you” and “your” means all persons named on the booking form (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Sea To Sky Management BV operating “Pelican Peak”.

Making your booking

All booking forms must be completed by the first named person on the booking (“party leader”).

The party leader must be authorized to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By confirming the booking form, the party leader confirms that he/she is so authorized and has read and agreed to the booking conditions.

The party leader is responsible for making all payments due to us.

The party leader must be at least 18 when the booking is made.

Subject to the availability of your chosen arrangements, we will confirm your tour by issuing a booking confirmation which will be sent to the party leader.

Payment

In order to confirm your chosen tour, a full payment will be charged per person at the time of booking.

Payment may be paid by credit / debit card over the telephone or on our website.

We will be unable to confirm your booking until we receive this payment. Once your booking is confirmed, deposits can only be refunded as set out in these booking conditions.

If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking.

Your contract

A binding contract between us comes into existence when we despatch our confirmation to the party leader. We both agree that EU law will apply to your contract and to any dispute, claim or other matter of any description which arises between us. We both also agree that any Court proceedings must be dealt with by the Courts of St Maarten only.

The cost of your tour

All prices in US dollars USD. The price of your chosen tour will be confirmed at the time of booking including the exchange rate(s) which have been used to calculate your price.

Special requests and medical conditions / disabilities

If you have any special requests, you must advise us at the time of booking.

Although we will endeavour to entertain any reasonable requests, we regret we cannot guarantee any request will be met.

If you or any member of your party have any medical condition or disability which may affect your tour or have any special requirements as a result of any medical condition or disability (including any which affect the zipline requirements), please tell us before you proceed with your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. You must also promptly advise us if any medical condition or disability which may affect your tour develops after your booking has been confirmed.

In any event, you must give us full details in writing of any medical conditions at the time of booking and if there is any change in the condition or disability occurs you must notify us immediately. Failure to do so may result in us having to cancel your tour, and we will be entitled to treat this as a cancellation by you which will be subject to the cancellation policies.

Changes by you

Should you wish to make any changes to your confirmed tour, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.

Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed.

If you are prevented from travelling, you may transfer your individual booking to someone else (introduced by you) providing we are notified not less than 48 hours before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result must be paid before the transfer can be effected. Any overdue balance payment must also be received.

Cancellation by you

Cancellation by the guest within 48hrs of the tour departure or failure to note and adhere to the Zipline Requirements or Guest Responsibilities for any reason, including over or under the weight restrictions, or “no-shows” shall be without refund, compensation, or liability on the part of the Pelican Peak whatsoever. For cancellations less than 48 hours of booked tour date/time, if possible, a different tour time will be made available in order to fulfill the booking & payment.

• If you cancel more than 48 hours before your scheduled trip departure, a full refund will be offered.

• Should you need to cancel your tour once it has been confirmed, the party leader must immediately notify us in writing. Notice of your cancellation will only be effective when it is received in writing by us at our offices.

• If Pelican Peak received payment via credit card, the refund will be made to that credit card. If Pelican Peak received payment from your travel agent, the refund will be provided back to that travel agent.

Changes or cancellation by us

Occasionally, we have to make changes to tour details both before and after bookings have been confirmed and may have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we reserve the right to do so. An email or local phone number is required in the event that a tour has to be changed or cancelled. We strive to inform our guests at the earliest as possible should a trip be cancelled or changed for any reason.

If we have to make a significant change or cancellation, we will endeavour to tell you as soon as possible. Subject to availability and the necessary time allowance, we will work to offer you the choice of the following options:-

(a) In the case of a significant change, acceptance of the changed arrangements; or
 (b) The purchase of an alternative tour from us, of a similar standard to that originally booked. If the alternative tour is less expensive, we will refund the difference but if it is more expensive, we will ask you to pay the extra cost; or
(c) Acceptance of the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

Please note the above options are not available where any change made is a minor one.

Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability where our obligations under our contract with you are prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, “force majeure”. In these booking conditions, “force majeure” means any event which we or our suppliers could not, even with all due care, foresee or avoid. Events include but are not limited to, whether actual or threatened, acts of God, illness, war, riot, civil strife, terrorist activity, industrial dispute, strikes, natural disaster, failure of aircraft or other transportation, adverse weather conditions, fire and all similar events outside our control.

Insurance

All guests must have appropriate and adequate travel insurance before departure and is a condition of your contract with us. Your policy must include comprehensive medical cover i.e. the costs of evacuation and repatriation from the remote destinations included in your tour in the event of illness or accident in addition to other medical requirements. All services provided by the medical centre (including medication, consultations and treatments) are not and will not be covered by Pelican Peak.

We recommend that you contact your travel agent or an independent insurance broker for details of suitable policies prior to booking as it is your responsibility to ensure that the insurance coverage you purchase is suitable and adequate for your particular needs, as we will not check policies for suitability.

Our Liability to you

We promise to ensure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.

However; we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.

Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform your guide or the customer service manager. Any verbal notification must be put in writing and given to our customer service manager as soon as possible. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 14 days of your return home, giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

Behaviour and damage

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the area immediately. We will have no further responsibility toward such person(s) and no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

Pelican Peak will not be held responsible for any loss of property or third party damages caused by the guests.  Should any personal effects become dislodged during the flight down the zipline; causing any injury or damage that may result to any person or property by or from any cause whatsoever in or about the land and building of which the premises are a part of, Pelican Peak will accept no liability and despite any verbal or other communication experienced during the tour, Pelican Peak’s policy is to have no loose items on it’s guests including phones, cameras, shoes, glasses, hats or any other item that may fall off during travel and endanger spectators or persons and property around the facility. Any guest action deemed purposeful by the staff of Pelican Peak, which results in damage either through dropping physical items, or excreting any bodily fluids while on the zipline will be considered criminal intent and will be prosecuted to the full extent of the law.

Brochure / website / advertising material accuracy

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.