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British Mountaineering
Council Participation Statement
The BMC recognises that climbing and mountaineering are activities with
a danger of personal injury or death. Participants in these activities
should be aware of and accept these risks and be responsible for their
own actions and involvement.
All participants must be aware of this and accept the risks associated
with these activities.
Personal Accident and Cancellation Insurance is highly recommended
BOOKINGS
AND PAYMENTS
A copy of the below terms are e-mailed to you along with all relevant
paperwork required to confirm your booking, paying a deposit
is the only way of securing your booking.
Our
Full terms and conditions
Snowdonia Adventures/Anturiaethau Eryri, known from here on as SA, accepts
bookings subject to the following conditions:
1.
Interpretation
(1) In this document wherever the context so admits the following expression
shall have the following meanings respectively: -
'Deposit' shall mean 25% of the finalised agreed price.
Head office
means 3 Arfon terrace, Glanrafon, Llangoed, Beaumaris, Anglesey. LL588PE
'SA' means Snowdonia Adventures/Anturiaethau Eryri.
'Client' is the person or persons listed on the booking form(s).
'Major change' means changing the dates, location booked or majority
of course content over 80%.
'Force Majeure' means any situation or event beyond the control of SA.
This could be an Act of God, war, terrorist activity, civil strife,
riot, industrial disaster, fire, adverse weather or road conditions,
bureaucratic obstacles, changes in schedules or modes of transport by
ferry companies, airlines and bus or train operators.
'Course Director' means the member of staff responsible for the delivery
of the agreed activity and/or service.
(2) Where the expression "Clients" includes two or more persons,
the obligations expressed or implied relate directly to the individual.
(3) Any reference to a statute shall include any statutory extension
or modification or re-enactment of such statute and any other instrument
plan, regulation, permission or direction made or issued there-under
or delivering validity there-from.
(4) Wording importing the singular meaning shall include the plural
meaning and vice versa. All wording within the booking conditions is
generalised to the Client, referring to the masculine, feminine and
neuter genders.
(5) The clause and paragraph headings are for convenience only and shall
not affect the construction of this document.
(6) The expressions used in the particulars shall have the same meanings
when used hereafter in these booking conditions.
2.
Acceptance
2.1 A contract for the activity and / or service is made between SA
and the Client on the issue of written confirmation of booking by SA.
2.2 The Contract is subject to these booking conditions, which the Client
has been deemed to have read and fully understood. These booking conditions
can only be varied by written agreement between SA and the Client.
2.3 No verbal representations made by SA shall be relied upon by the
Client.
3.
Booking
3.1 to place a booking SA requires a completed Booking form and/or individual
information form with non refundable deposit fee of 25% of the full
course/activity price.
Large group bookings must be paid for in full before we deliver an activity
or course. Normal cancellation charges apply. Clients
booking by telephone e-mail or facsimile will have been deemed to read
the booking conditions and to have signed the declaration on the 'individual
information form'. A booking is accepted and becomes binding only from
the date when SA has confirmed acceptance in writing by means of a '
confirmation of booking letter or a booking form'.
SA reserves the right to decline any booking at their discretion. Email
and telephone bookings are treated as provisional and are only confirmed
once the funds have cleared in to the SA bank account.
3.2 The balance of the fee is payable four weeks before commencement
of the course, unless agreed otherwise on confirmation of booking. In
the event that the balance is not paid SA will have the discretion to
treat the booking as cancelled by the client and re-sell the course/activity
place.
3.3 The whole course fee is required to secure a place for any booking
made within 4 weeks of the commencement of the course.
4.
Price
4.1 The price at time of booking covers the cost of the planning, organising
and delivery of the proposed activity and / or service. Once deposit
is cleared the agreed programme will be delivered, if the client wish
to change the programme one the deposit has been paid additional reasonable
costs may be levied by SA at their discretion. If the client does not
indicated that they wish to opt out of the insurance SA will add the
appropriate insurance premium to the agreed fee.
4.2 It is the responsibility of the Client to arrange travel to the
site / location for the proposed activity and or service, unless otherwise
stated. The Client is also responsible for their own personal medical
requirements and personal boots, equipment and clothing, unless otherwise
stated. Such non safety equipment is only provided when the
Client has expressed a requirement and provided SA with written details
of their needs.
5.
Cancellation and refunds
5.1 Should the Client wish to cancel, cancellation charges will be imposed.
These are calculated from the date written notification
is received by SA at their Head Office and shall be calculated as a
percentage of the total price and shall be based on the following.
Cancellation Charges
Number of days before arrival date that the written notification of
cancellation is received:-
Amount payable
14 days
and less: The full fee is payable to SA.
15 - 22
days: 75% of the full fee is payable to SA.
23 –
29 days: 50% of the full fee is payable to SA.
30 - 40
days 15% of the full fee is payable to SA.
40 days
and more: no fee is payable.
There is a 20% handling fee of the full activity/course price if we
receive notice of cancellation or reschedule/ transfer more than 21
days in advance of the scheduled activity/course date.
If you cancel or want to reschedule/ transfer 14 days or less in advance
for any reason, there are no refunds. There are no exceptions. Participants
who don't show up for adventure days or courses/activities forfeit the
full cost.
6.
Cancellation by SA
6.1 We try never to cancel a confirmed booking, but reserve the right
to do so. If we cancel a confirmed booking before your activity and
or service, SA will offer the Client the choice of a full refund or
another available date (with pro-rata refund/price increases as appropriate).
In addition, unless the cancellation was caused by 'Force Majeure' and
having regard to the length of notice Clients receive; we will pay the
Client reasonable compensation where appropriate.
7.
Alteration by SA
7.1 We make every effort to ensure the accuracy of our literature. However
changes can occur despite our best endeavors and we reserve the right
to change any price or other particulars before the Client books (in
which case we will tell you before your booking becomes binding).
7.2 If there is a 'Major Change' to a confirmed booking we will inform
the Client as soon as is reasonably practical, and offer you the choice
of accepting the change, receiving a full refund (excluding the initial
deposit,) or transferring to another available date. If the Client chooses
to cancel and the 'Major Change' was caused by anything other than 'Force
Majeure' or low bookings we will pay you reasonable compensation, if
appropriate, having regard to the nature of the change and length of
notice you receive.
7.3 If there is any change other than a 'Major Change' we are not obliged
to inform you in advance (but we will do so where practicable), nor
are we obliged to pay you compensation. If we become unable to provide
a major proportion of the services you have booked with SA, we will
make every effort to arrange alternative arrangements for you at no
extra charge and where appropriate, refund the Client pro-rata for services
not received. If the client wishes to make major changes to agreed programme
additional costs may be added at the companies discretion.
8. Course Content and Weather
The programmes
we publish in our literature and on our website, and describing the
courses in this in this brochure, are designed to be illustrative in
order to best explain the scope and type of activities you will be undertaking.
It is very unlikely that any one programme could be or would be followed
precisely as it is published. Several factors outside of our control
will determine this and dictate what can be accomplished reasonably
during your course. The most influential factors will be the weather,
the conditions on the mountains and the physical fitness of course participants.
Taking these factors into consideration, and the aims of the course
as described in our literature, the Course Director will construct the
best programme possible. The Course Director will review and may alter
the programme as the course progresses in response to the changing influence
of these factors.
Once the course is underway, the Course Director, guides, instructors,
or leaders may change routes, mountain objectives or activities, at
any time, if they believe that to continue as intended would place themselves
or any course member at undue risk. This applies to all courses, including
those that have a specific mountain or route as their primary objective
Circumstances may arise where we are forced to alter dates, duration,
or hotel accommodation before a course starts. We will try to inform
you of any such changes as soon as we know of them.
Our Course Directors, guides, instructors, and leaders will do their
utmost to ensure that any problems are solved for the benefit of the
course participants as a whole. Signing the booking form signifies your
acceptance of the Course Director's authority to make decisions affecting
the group or individuals. For instance, the Course Director may require
an individual, or individuals, to leave the course if they believe that
a person or person's health is at risk, if a person is not coping, or
may not cope, with the technical, physical or mental demands of the
course, if an illegal act has been or may be committed, or conduct is,
may become, or has been, detrimental to the safety, enjoyment or well-being
of the group or of any individual within the group.
Most courses have days in the itinerary that are included to provide
flexibility in case of bad weather, or some other untoward event, and
thereby increase the chances of your principle objective being achieved
and for your course to be successful. If these days are not needed in
order to achieve the aims of the course and the group decides to return
from the mountains early, any additional costs incurred by you and associated
with extra hotel nights, or services that would not otherwise have been
provided nor were given in the published itinerary, must be met by you
at the time.
Acceptance
of authority
8.1 Employees of SA and staff will use their best endeavors to resolve
problems to the benefit of the Client as a whole. Returning the 'Return
Slip' signifies the Clients acceptance of the staff's authority to make
decisions affecting the Client group or individuals. The Client must
refrain from any conduct, which may give offence or cause danger or
damage to any person or property. If SA or any of its suppliers believe
that the Client is in breach of this obligation, likely to breach it
or is otherwise unfit to partake in the activity, SA, or its suppliers
may, in their absolute discretion, refuse the booking, or have the Client
removed from any property or facility. SA will owe the Client no liability
in such circumstances and the Client will be solely responsible for
any costs incurred.
8.2 The Course Director may require an individual or number of persons
to leave the group, if they believe that the Client's health and safety
are at risk, if an illegal act has been committed or the Client has
behaved in a way as to endanger safety, enjoyment or the welfare of
the group as a whole. In the event of this action, the Client involved
shall not be entitled to any refund from SA and will be required to
meet all expenses involved in their immediate extraction.
9. Personal Health
9.1 Except as disclosed in writing to SA, the Client confirms that they
are in good mental and physical health and are unaware of any reason
why they may be particularly unsuited to taking part in the activity
and / or service agreed upon or may be likely to suffer illness or injury
during the activity and / or service. With respect to the adventure
programme it must be recognised as containing an element of risk that
is beyond the control of SA.
9.2 Failure to disclose any information that is required in the ‘Individual
Form’ may result in SA terminating the contract and withdrawing
the Client from the activity and or service on the grounds of incorrect
information. The Client will not be entitled to any refund of payments
made under this termination contract.
10. General points
10.1 The Contract is personal to the Client and is not capable of transfer
or assignment without prior written consent of SA.
10.2 While it is the intention of SA to perform the obligations under
this contract directly, SA may choose to sub-contract elements of its
obligations under this contract, provided that any sub-contracting for
UK based delivery of courses shall meet AALA guidelines where required
and standards and the assessment of the sub-contractor as a reputable
and safe service provider.
11. Complaints
11.1 If there is a problem during the activity and or service period
you must report it to in the first instance the instructor/ guide in
charge of you activity. If it is still unresolved you must then report
it a director of SA immediately, so that prompt and effective efforts
can be made to resolve the problem.
In the unlikely event that the problem cannot be resolved at this time
and you wish to raise a complaint, full written details must be sent
to SA within 28 days of the activity and or service finishing. Please
include your booking reference number / party details and exact full
details of your complaint on your letter, please include your daytime
and evening contact telephone numbers. Failure to take these steps will
prejudice our ability to resolve your problem and/or investigate it
fully, therefore any right to compensation you may otherwise have had
will be lost or substantially reduced.
12 Conditions of service
12.1 As part of the continual review of safety and associated considerations,
the conditions of booking are subject to change, clarification and modification
at any time. Only the course director, or their appointed deputy, is
empowered to vary or waive any of the Conditions of Booking. Such decisions
are totally at the discretion of the course director or the appointed
deputy.
12.2 All activity itineraries courses and days out are subject to tidal
conditions, swell size, weather conditions and our instructors choice
of location which is dependent on the prevailing weather and individuals
or groups ability and experience.
13. Law and Jurisdiction
This agreement shall be construed in accordance with the laws of England
and Wales the Courts of England and Wales shall have exclusive jurisdiction
in relation to any matters arising out of this Agreement.
Contact Details
Mark Handford 01286 879044
E-mail: info@snowdonia-adventures.co.uk
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