Terms and Conditions
Definitions in these Terms and Conditions
- The Company means ClimbWales Ltd.
- The Site means the website: climbwales.co.uk
- The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees, servants, agents or sub-contractors of any such person, firm company or other legal entity.
- Service means any course, accommodation or facility offered by the company.
- Course means any instructional course or guided activity offered by the company.
- Contract means a contract between the company and the customer for the provision of products or services.
- Terms and Conditions means these terms and conditions of provision.
Applicability of Terms and Conditions
These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the company.
When making your booking or using the site it is implied and accepted that you have read and understood all of these terms and conditions and agree to abide by them.
Participation
Rock 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.
For all courses/activities, customers are advised to have insurance that covers them for all of the activities.
Booking Conditions
The contract shall be formed when the company acknowledges acceptance of the customer’s participation and medical form and required payment.
Any participant under the age of 18 years must have the permission of his/her parent/guardian with legal responsibility before being able to take part in any activity/course offered by the company. The parent/guardian with legal responsibility needs to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
Participants under 16 years of age must be accompanied by a parent, guardian or somebody acting in loco parentis.
All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the company.
The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
Neither the company website nor literature constitutes an offer and the company may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
All information is produced in good faith that it is accurate at the time of publishing.
Any current price list replaces all previous price lists.
Fees
If payment is not made in accordance with these conditions, the Company reserves the right to charge statutory interest on the overdue/outstanding balance for the period from the date on which payment became due until the date on which payment is made including any period after the date of judgement or decree against the customer.
In the event of any cheque from the customer being dishonoured a charge of £25, will be made to cover bank and administrative costs.
Cancellation by the Customer
All cancellations must be in writing and sent either by post or email. The company will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
Deposits are non-refundable.
Given four weeks notice we will issue a full refund for the remainder of the balance without question.
Refunds for cancellations made within 4 weeks of the activity being due to take place will be calculated using the following formula: Refund% = (100/28) x DaysNotice. For example, cancellations made 14 days before the course start date will be eligible for a 50 percent refund: (100/28) x 14 = 50.
Substitution of the original customer for another can be made provided the substituting customer satisfies the requirement of the course. All substitutions must be made with the consent of the company with both the substituted and substituting customer being jointly and severally liable for the total course fee as well as an administrative cost of £20.00 per course/substitution.
For courses taking place in North Wales, a customer may apply, in writing, to change course or course dates as long as the original booking is more than 4 weeks from the date of the request. An administrative charge of £20.00 is payable at the time of change. Any requests to change course or course dates within the 4-week period will be dealt with under the terms and conditions relating to cancellation by the customer.
Changes to course or course dates are not available for courses taking place in England, Scotland or overseas.
Group bookings and residential group bookings only: Variations in numbers must be agreed in writing and may incur additional charges. No variations will be accepted within 5 weeks of the booked date. Amount refundable will change based on third party fees. i.e. if we are booking hotels, coaches, mobile food vans etc, then each of the third party refund policies will need to be considered also.
Cancellations due to Bad Weather
Whilst every attempt is made to ensure that courses actually run, the company will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable weather conditions.
Anyone booked onto a course which is cancelled due to bad weather will be transferred to another course and no transfer fee will be payable. Should you transfer to another course any difference in price will be invoiced or credited accordingly. If the subsequent course which the customer is transferred to is cancelled due to bad weather, the customer will be offered a full refund.
Cancellations by the Company
The Company reserves the right to cancel any course which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, the Company will endeavour to ensure that a course runs if at all possible.
The company shall notify the customer of cancellation not less than five days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
Health
Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section on the participation form must be completed as part of the booking process. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the course.
Equipment
The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. With the exception of fair wear and tear, the company reserves the right to charge for equipment that has been lost or misused.
Where the customer deliberately or recklessly causes damage to any such equipment, the customer shall indemnify the Company and keep the Company indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against the customer.
Safety Regulations
Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by Climb Wales staff to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by the Company and its staff.
Unruly Behaviour
Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
Personal Property
Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the company or its representatives.
Complaints
If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything to the instructor or the course director. If your complaint is not resolved to your satisfaction please email us at info@climbwales.co.uk. Your concerns will be dealt with within 28 days of writing.
Force Majeure
The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
Liability
The Company 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 course and where the failure is unforeseeable or unavoidable; or any unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or its suppliers, even with all due care, could not foresee or forestall. The Company shall not be liable for any illness, injury or loss of life sustained on any course, nor will the Company be liable for any uninsured loss.
For all courses, customers are advised to have insurance that covers them for all of the activities.
While we have made every effort to ensure the accuracy and completeness of the information on the website, we give no guarantee and make no representation regarding the accuracy and completeness of the content within the site. Consequently, we accept no liability for any losses or damages arising out of errors or omissions contained on the site.
No guarantee is given that the site will be available at all times, and no liability can be accepted in respect of losses or damages arising out of such unavailability. We accept no liability in respect of losses or damages arising out of any changes made to the content of the site by unauthorised third parties. Access to and use of the site is at the user’s own risk and we do not guarantee that the use of the site or any material downloaded from them will not cause damage to any property, including but not limited to loss of any data or computer virus infection.
Privacy and confidentiality
By agreeing to be bound by these terms of use, you confirm that you have read, understood and agreed to our Privacy Policy.
Copyright
The entire contents of the site, all website information, graphics, sounds, videos, etc. contained on the site are (and remain) the property of ClimbWales Ltd. except where stated.
Prohibited use
You agree to use the site for lawful purposes only, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the site. You agree not to alter the content of the site in any way.
Warranties
No warranty or guarantee of any kind is provided with the site. All direct or indirect risk related to use of the site is borne entirely by the user.
Linked sites
Our site may contain links to websites not owned or managed by ClimbWales Ltd. We are not responsible for any content that appears on these linked sites. The presence of a link to another site on climbwales.co.uk should not be taken as a recommendation or endorsement of that site and / or the connected organisation or persons.
Governing law and jurisdiction
You agree that the terms and conditions of use of the site are governed by English law and any dispute regarding our website shall be subject to the exclusive jurisdiction of the courts in England and Wales.
Changes to these terms of use
Changes to the site, including our terms and conditions, are subject to change by us without prior notification to you.
