Booking Terms and Conditions
1. Definitions
1.1 Client means the person for whom the Supplier has agreed to provide a Service in accordance with these Conditions. Person includes a reference to any body corporate, unincorporated association or partnership; a person includes a reference to that person’s legal personal representatives or successors. Contract means agreement of the provision of the Service as set out herein. Service means the service to be provided by the Supplier for the Client. Supplier means Adventure Trails Limited with Company Number 07478279. The Registered Office is Glaslyn, High Cote Lane, Slackhead, Milnthorpe, LA7 7BD. Trip and Trips is used interchangeably to mean either a holiday, hike, event, course or expedition.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Responsibility and Personal Safety
2.1 Adventure Trails recognises and advises that due to the very nature of the trips and activities it offers accidents are possible and the Client must be aware of the risks. The Client travels at their own risk, and except as expressly provided for in these conditions, Adventure Trails shall not be liable to the Client by reason of any representation or any implied warranty, condition or other term, or any duty at, common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or claims, which arise out of or in connection with the provision of the Service or their use by the Client. The entire liability of Adventure Trails under or in connection with the Contract shall not exceed the amount of Adventure Trails’ charges for the provision of the Service.
2.2 Adventure Trails shall not be liable to the Client or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Adventure Trails’ obligations to the Service.
2.3 Adventure Trails warrants to the Client that the Service will be provided using reasonable care and skill, as far as reasonably possible. Where Adventure Trails supplies in connection with the provision of the Service any goods supplied by a third party, Adventure Trails does not give any warranty, guarantee or other term as to their quality of fitness for purpose or otherwise.
2.4 Adventure Trails reserves the right to reject any Client as a member of their trip at any time. Reasons for this may include, but are not limited to, illegal actions or foolish behaviour such as excessive alcohol consumption which endangers the Client, the guide or any other participants; fitness or equipment issues which may compromise the safety of a trip. In this event no refund will be made and Adventure Trails will not accept any further liability or responsibility to the Client.
2.5 The Client accepts responsibility for any damage or loss caused by the Client or any member of the Client’s party to property of Adventure Trails or any 3rd party. Payment for such damage or loss must be made at the time direct to the accommodation owner or manager or other Supplier. If the Client fails to do so, the Client must indemnify Adventure Trails against any claim (including legal costs) subsequently made against Adventure Trails as a result of the Client’s actions.
3. Legal and health requirements
3.1 It is the Client’s responsibility to ensure that they have taken out the necessary insurance which is compulsory for participation in the Supplier’s trip covering cancellation and curtailment, medical and emergency expenses (including repatriation), personal accident, injury and death. The cost of this is not included in the price. Failure to do this will result in any air rescue bill for any repatriation of the Client being the responsibility of the Client.
3.2 The Client certifies that they are in good physical and mental health and able to take part in the trip they have subscribed to.
3.3 The Client certifies that they agree to adhere to our Covid-19 Code of Practice.
4. Payment terms
4.1 To confirm a booking Adventure Trails may require full payment to secure the booking of the event or the payment of a deposit, the value of which is specific to each event based on its total value. Payment should be made by bank transfer. The balance in full if relevant must be received 10 weeks prior to departure.
4.2 Late Payment of Balance. If the Client fails to make a balance payment by the due date, Adventure Trails reserves the right to levy a late payment fee of £30 per person for each complete week the balance remains unpaid after the due date.
5. Cancellation/Amendment by the Client
5.1 If the Client cancels then the following cancellation charges will apply:
5.1.1 more than 60 days before departure: loss of deposit/registration fee.
5.1.2 between 30 days and 60 days before departure: 80% of the charge of the Service.
5.1.3 less than 30 days before departure: no refund will be paid.
5.2 Notice of cancellation must be given in writing and the date of receipt of written cancellation by Adventure Trails applies for 5.1.1 to 5.1.3.
5.3 Should the Client wish to change an existing booking with Adventure Trails, then an amendment/administration charge may apply. A change of an existing booking (e.g. changing from one trip to another) may incur an amendment charge of £30.
6. Cancellation/Alterations by Adventure Trails
6.1 Adventure Trails reserves the right to cancel the trip/ course for any reason. These may include, but are not exclusive to: (a) for reasons of force majeure as defined in clause 6.4; (b) a minimum group number has not been reached; (c) snow, hurricanes and other actual or potential severe weather conditions; or (d) non-payment by the Client of the due sum by the due date. Adventure Trails endeavours to ensure that a trip will run wherever financially viable. Where a trip must be cancelled, Adventure Trails undertakes to inform the Client as soon as possible.
6.2 If the Client does not pay the balance by the due date, Adventure Trails reserves the right to cancel the Client’s booking and pursue any monies owing.
6.3 If Adventure Trails cancels the Client’s trip, Adventure Trails will endeavour to offer an alternative date or trip or refund all payment the Client has made to Adventure Trails, except in the case of Clauses 6.1 (c) and (d). This will be the extent of Adventure Trails’ liability. Adventure Trails will not be liable for any incidental expenses the Client may have incurred such as but not limited to travel expenses, travel insurance and equipment purchase. In the event of the Client accepting an alternative trip, the difference in price will be invoiced or credited accordingly.
6.4 A trip may be cancelled due to force majeure. Examples of force majeure include, but are not limited to war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports and any other similar events. Clause 6.6 deals with actual or potential snow, hurricanes and other severe weather conditions.
6.5 Due to the nature of the Service Adventure Trails reserves the right to alter travel arrangements, accommodation and itinerary. In the unlikely event of this happening these will usually, but not necessarily exclusively, be minor changes. No compensation will be payable. Adventure Trails will always endeavour to maintain the quality of the offer if changes have to be made. These changes will not constitute a reason for cancellation.
6.6. In the case of bad weather being forecast Adventure Trails will always endeavour to run the Client’s Trip, although Adventure Trails may alter travel arrangements, accommodation and itinerary to suit the weather and ground conditions. In the unlikely event that Adventure Trails is forced to cancel a trip due to snow, hurricanes and other actual or potential severe weather conditions than a credit note will be issued for the full amount paid. This credit note is valid for three months. Adventure Trails will not be liable for any incidental expenses the Client may have incurred such as but not limited to travel expenses, travel insurance and equipment purchase.
6.7 All prices are accurate at the date published, but Adventure Trails reserves the right to change the price from time to time. If circumstances such as government action, changes to fuel and currency fluctuations make it necessary for Adventure Trails to levy such charges, Adventure Trails shall issue an Amendment Invoice reflecting any changes made as appropriate and will notify the Client at the earliest opportunity. This will only be done with reasonable cause where the cost basis for Adventure Trails has risen and the cause will be stated.
7. Complaints
7.1 Should a problem arise during the trip, please inform the Guide and/or relevant person immediately who will endeavour to rectify the issue. If your complaint is not resolved locally, and to your satisfaction, please write to Adventure Trails at their registered address within 28 days of completion of the service. Alternatively email Adventure Trails at: [email protected]. Please provide the trip name, departure date, and all other relevant information.
7.2 Failure to follow the above procedures during your trip, and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from Adventure Trails or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures during your trip, you or Adventure Trails could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.
8. Acceptance of Risk
8.1 Mountain travel carries risks. This page is to inform you of the kinds of risks you could encounter in the mountains and associated with the activities we undertake. It is designed to enable you to make informed choices about your participation in our trips. Whilst Adventure Trails takes it responsibility for your safety very seriously, it cannot eliminate risk. Please find below a listing of the various dangers that can be encountered on the trips, the consequences of which may be serious injury or prove fatal. Please be aware this is an inexact science and it is not an exhaustive list.
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Physical and mental exertion (in some cases extreme).
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Adverse/rapidly changing weather conditions such as wind/rain/hail/sleet/snow/sun/storms/lightening
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Uneven/slippy/dangerous surfaces (slate/snow/stone/ rock/snow/ice etc).
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Falls.
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Road travel/road travel accidents. The vehicles we use are fitted with seatbelts and you should make use of them.
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Avalanche danger.
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Rock/ice fall.
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Strong sun/UV exposure.
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Cold related injuries.
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Crevasse fall.
8.2 The trip objectives may, during poor weather and route conditions, not be obtainable. The Guide/Mountain Leader directing your trip carries the final say regarding route selection and its conditions, as well as suitability and continued participation of the participants. A short notice change of conditions, circumstances and objectives is a possibility at any time of the year in the mountains.
9.Photographs
9.1 Photographs or video may be taken on your event or course and Adventure Trails reserve the right to utilise these images for promotional purposes.
10. Data Protection
10.1 Adventure Trails is committed to protecting and respecting your privacy. By making a booking with Adventure Trails, you agree Adventure Trails may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as accommodation and transport providers and guides, to administer, analyse and improve our website; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements and for marketing contact by means of email, post and/or telephone to provide you with offers and information on similar products and services to those you have purchased (unless you have opted out of such marketing at the time of booking).
10.2 If relevant, you authorise Adventure Trails to send and share your data, (with any personal sensitive, medical, and non-relevant data removed) with the specific Charity that you are supporting. You also agree to, and authorise, the Charity making subsequent contact with you via email, phone, mail or any other appropriate mechanism to enable the Charity to confirm your participation as fundraiser for the Charity, and to set out their fundraising procedures.
10.3 If you wish to make a data subject access request for a copy of any personal data Adventure Trails hold on you, please write to: The Directors, Adventure Trails, Glaslyn, High Cote Lane, Slackhead, Milnthorpe, LA7 7BD. Our full Privacy Policy is available.
11. Financial Protection
11.1 In accordance with “The Package Travel, Package Holidays and Package Tours Regulations 1992” all passengers booking with Adventure Trails are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Adventure Trails. There is no requirement for Financial Protection of day trips, and none is provided.
12. Liability
12.1 Adventure Trails carries full public liability insurance. Copies are available for inspection on request.
12.2 Adventure Trails takes it responsibility to yourself, our clients, and staff very seriously. Our policy is to ensure that all of the trips that we offer are led by appropriately qualified guides who are knowledgeable about the area you are visiting. We endeavour to ensure the safety of our clients and guides at all times, whilst balancing this with the risks associated with the trips that we offer. We ask that all clients travelling with Adventure Trails read, understand and sign the Disclaimer to show you understand the risks involved and to confirm that you have read the Terms & Conditions. Should you have any queries about any of these terms and conditions then please contact Adventure Trails prior to booking as once Adventure Trails accept your booking, you are bound by Adventure Trails’ Terms & Conditions.
13. Arbitration
13.1 Any disputes arising under or in connection with these Conditions or the provision of the Service shall be referred to observation by a single arbiter appointed by agreement or (interval) knowledge on the application of either party by the person for the time being the President of The Law Society of England and Wales.
13.2 English law shall apply to this Contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
13.3 Adventure Trails reserves the right to revise these Terms and Conditions from time to time and as it sees fit. The Clients agrees to accept any future reasonable changes to these Terms and Conditions which are within the law of England and Wales.
13.4 Each clause of these Terms and Conditions operates and applies separately. If any court or relevant party deems any individual clause unenforceable in law, the remaining clauses will remain in full force and effect.
13.5 These conditions, and the disclaimer constitute the entire agreement between the parties, and supersede any previous agreement or understanding and may not be varied except in writing between the parties.
Disclaimer
It is your responsibility to ensure that you have read and understood the following Disclaimer prior to booking your trip. If you are unsure about any part of the Terms & Conditions or Disclaimer please do not hesitate to contact us.
In consideration of Adventure Trails Limited allowing me to take part in and engage in any adventure activity, I hereby acknowledge and declare as follows:
1. I confirm that I am over the age of 18 (a young adult aged 16-18 must accompanied at all times by a legally responsible adult).
2. I confirm that I have read and understood the terms and conditions (including risk awareness) of Adventure Trails.
3. I agree to be bound by and obey these terms and conditions and all other rules, regulations and conditions of Adventure Trails and its officials, including those rules, regulations or conditions contained in this Disclaimer and any other applicable safety rules.
4. I acknowledge that I owe a duty to myself and others whilst engaging in any activity provided by Adventure Trails to ensure that I do not take any action or fail to do anything which would endanger my safety and/or the safety of others.
5. I confirm that I will not attempt to repair, modify or tamper with any equipment provided to me for any purpose whilst engaging in any activity and will comply with all instructions in relation to the safe and proper use of such equipment.
6. I will not, whilst engaging in any activity provided by Adventure Trails, use any equipment other than those provided to me by Adventure Trails without the consent of an employee of Adventure Trails.
7. I acknowledge that engaging in an activity provided by Adventure Trails can be physically and mentally demanding and confirm that I am in good health and know of no reason, physical or mental why I could be unable to engage in such activity.
8. I agree to pay to Adventure Trails a sum equivalent to the new value of the item plus an administration charge of £10 if I fail to return to Adventure Trails any equipment provided to me for the purpose of engaging in any activity.
9. I acknowledge that engaging in the activity provided by Adventure Trails may be dangerous. I therefore recognise that engaging in any activity is at my own risk. I confirm that Adventure Trails is entitled at any time for whatever reason to deny me access and/ or engagement in any activity. I will not hold Adventure Trails or any of its representatives responsible for any illness, loss, injury or death sustained before, during or after participation in an activity provided by Adventure Trails.
10. I confirm that I understand the necessity to take out appropriate insurance for the activity.
The Client travels at their own risk, and except as expressly provided for in these conditions, Adventure Trails shall not be liable to the Client by reason of any representation or any implied warranty, condition or other term, or any duty at, common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or claims, which arise out of or in connection with the provision of the Service or their use by the Client.