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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
A copy of the below terms are posted to you along with all relevant paperwork
required to confirm your booking, paying a
deposit is the only way of securing your booking.
Snowdonia Navigation, known from here on as SN, 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
'SN' means Snowdonia Navigation.
'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 SN. This
could be an Act of God, war, terrorist activity, civil strife, riot, industrial
diSNster, 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 verSN. 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 SNme meanings when
used hereafter in these booking conditions.
2.
Acceptance
2.1 a contract for the activity and / or service is made between SN and the
Client on the issue of written confirmation of booking by SN.
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 SN and the Client.
2.3 No verbal representations made by SN shall be relied upon by the Client.
3.
Booking
3.1 to place a booking SN requires a completed Booking form and/or individual
information form with deposit fee. 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 SN has confirmed acceptance in writing
by means of a ' confirmation of booking letter '.
SN 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 SN bank account.
3.2 The balance of the fee is payable two weeks before commencement of the course,
unless agreed otherwise on confirmation of booking. In the event that the balance
is not paid SN will have the discretion to treat the booking as cancelled by
the client and re-sell the course place.
3.3 The whole course fee is required to secure a place for any booking made
within 6 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 SN
at their discretion. If the client does not indicate that they wish to opt out
of the insurance SN 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 SN 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 SN 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
6 days and less: Total fee
is due, no refund.
7 -14 days: 75% of the full cost will be due to SN
14-21 days: 50% of the full cost will be due to SN
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 SN
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, SN
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 SN
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 SN, 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 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.
9.
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
10.
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.
11.
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.
12.
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.
13.
Acceptance
of authority
8.1 Employees of SN 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 SN
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, SN, or
its suppliers may, in their absolute discretion, refuse the booking, or have
the Client removed from any property or facility. SN 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
SN and will be required to meet all expenses involved in their immediate extraction.
14.
Personal
Health
9.1 Except as disclosed in writing to SN, 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 SN.
9.2 Failure to disclose any information that is required in the ‘Individual
Form’ may result in SN 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.
15.
General
points
10.1 The Contract is personal to the Client and is not capable of transfer or
assignment without prior written consent of SN.
10.2 While it is the intention of SN to perform the obligations under this contract
directly, SN 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.
16.
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 SN 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 SN 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.
17
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 instructor’s choice of location which
is dependent on the prevailing weather and individuals or group’s ability and
experience.
18.
Law and Jurisdiction
This agreement shall be construed in accordance with the laws of
Contact Details
Snowdonia Navigation 01286 879044
E-mail: info@snowdonia-navigation.co.uk
© Snowdonia Navigation 2006