Cardigan Walks’ Terms and Conditions

 

 

Valid from Date: 02.05.2022.

 

 

These terms and conditions refer to ‘you, yourselves, your own, the group’ as the ‘client’ individually, as a group, and includes those under parental supervision.
The terms also use ‘we, us, our, ourselves’ in reference to Cardigan Walks, our staff, and our activity providers.
The term ‘booking’ refers to our contract with you, where you agree to pay in exchange for a number of spaces on one or more of our activities, under these terms and conditions.
When making a booking with Cardigan Walks, it is understood that these terms have been read and accepted by you and those in your group.
1.Subject of Contract

1.1.These terms and conditions apply to the services set out in the Cardigan Walks website or as contained within any of its advertising brochures and relates to any activity, event, programme, expedition or holiday between us, the vendor and you, the client.

1.2. The terms and references applied to these conditions should be supplied to the client by the vendor prior to the entering into any contract.

1.3. All references hereafter to any activity, event, programme, expedition or holiday will be referred to as the activity or expedition.

2.The Operator:

2.1. All activities or expeditions advertised on our website are operated by Cardigan Walks, Morawelon Farm, Moylegrove, Cardigan, Pembrokeshire, SA433BX. Registered and organised by Mr Eoghan McHugh

3.How to Book:

3.1. To make a booking, you can book direct through our website - cardiganwalks.com. Or, you can contact us either by email or phone. Booking through email or phone, Cardigan Walks will work with you to understand the day, time, and group size to ensure the booking is completed to expectations. The person making the booking for your group must be 18 years of age or older and this person must possess the legal capacity and authority to act on behalf of any group.

3.2. Bookings are not confirmed until we receive a completed booking including payment. When your payment is cleared we will then forward all relevant information pertaining to your booking. This will include a confirmation invoice.

4.Costs

4.1. All UK costs will include the price of the activity, equipment and instructor.

5.Invoices

5.1. The invoice will outline the method, time scale of payment and will be payable within two weeks of its receipt unless you book within seven days of the activity or departure where immediate payment will be requested. It is important to check the details on the invoice when you get it. In the event of any discrepancy, please contact us immediately.

6.Payments

6.1. Cardigan Walks accepts payment by any credit or debit card. If space is available on the day, we can accept a cash payment. If paying by cash, ensure you have the correct amount of cash as no Cardigan Walks team member carries change.

6.2. Any deviations from this section can only be authorised by the vendor Mr Eoghan McHugh. Such authorisations will be verified in writing by the named vendor.

7.Prices Surcharging:

7.1.Even though our prices are accurate on the date published we do, we reserve the right to change prices. Prices on our website are updated regularly and before you make a booking we will give you the up to date price for your chosen activity or expedition. This will include any additional services or facilities that you have requested.

7.2.However we guarantee that up until 30 days before your activity or departure date your booked price will not be subject to any surcharges except for:

  • Variations in transportation costs, including the cost of fuel.

  • Variations in dues, taxes or fees chargeable for services such as landing taxes or

  • Variations in exchange rates.

7.3. You will be notified in writing of any additional surcharges or price increases.

 

8. Cancellation Charges:

Cancellation by us:

8.1. You are entitled, if appropriate, to be compensated (See section 24 below) by Cardigan Walks for the non-performance of any contract except where:

(i)The activity or expedition is cancelled because the number of persons who agreed to take it is less than the minimum number required, and you are informed of the cancellation in writing within two calendar months prior to your activity or departure date.

(ii)The activity or expedition is cancelled by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.*

8.2. * (Force Majeure). Cardigan Walks will not be held responsible for any delays or alterations to any activity or expedition caused by illness, weather, strikes, war, terrorism, political events, and any other circumstances clearly beyond our control.

8.3. We do however, resume the right to cancel any activity or expedition at any time and should such a cancellation occur, other than in accordance of sub paragraphs (i) & (ii) above, then Cardigan Walks will offer an alternative activity or expedition and you can choose whether to accept the alternative or change of date, failing this a credit note will be given. The alternative activity or expedition should be of at least the same standard as the one you booked or, if it is of a lesser standard, you should be refunded the difference in price between the original activity or expedition and the alternative as outlined in section 24 below.

8.4.If you change, transfer or cancel your booking - Any refunds following your changes are awarded subject to cancellation period terms below. Our refund and activity transfer policy is outlined in the following table and is discretionary in all cases:

Cancellation period prior to activity Percentage refund of monies paid per booking

 

Cancellation notice prior to activity

Percentage refund of monies paid

Up to 15 days before the activity

70%

Between 14 and 8 days inclusive

50%

7 days and less

0%

 

Note: These cancellation charges apply to bookings associated with the vendor Cardigan Walks.

8.5. In regard to UK activities only; If you cancel any activity within 7 days prior to the activity and your deposit is forfeited you may rebook on an alternative date and we will retain the deposit as part payment for that second date.

9. Flights

9.1. Cardigan Walks does not provide flight bookings.

10. Travel Insurance:

10.1. We insist that you are adequately covered for your chosen trip in particular for any medical costs.

10.2. For those who participate in any activity or sport that has been organised and arranged completely independently of the vendor, it should be understood that participation is at the individual's own risk and it is your own responsibility to ensure you are covered by your insurance policy.

11. Health and Medical:

11.1. Any client suffering from any mobility impairment, illness or disability, or is undergoing treatment for any physical or pre-existing medical condition must declare the true nature of such condition at the time of booking. It is the client’s responsibility to make arrangements for the provision of any medication or other treatment which may be required during the activity or expedition. Any failure to disclose any such condition will constitute a breach of these booking conditions and may result in such persons being excluded from the activity or expedition in which case all monies paid will be forfeit.

12. Participant Requirements and Fitness:

12.0 We advise all participants to take out personal accident insurance before coming out on activities with Cardigan Walks.

12.1. Clients must ensure they are familiar with the physical requirements for their booked activity or expedition. Whilst we can provide advice and guidance, it is the responsibility of the client, or if under 18, their parent or guardian, to ensure that they are sufficiently fit and competent to complete their chosen itinerary.

12.2. Cardigan Walks reserves the right to withdraw any person from any activity or expedition itinerary at any stage (prior or post departure) without refund if, in the view of the vendor or his employees, that the participant's physical condition may seriously impede, frustrate, or endanger the health and safety of his/herself or another participant or expedition member.

12.3. Any additional costs incurred as a result of a client being withdrawn from any activity or expedition will be held to be attributable to the client and Cardigan Walks will not be held liable for any such costs incurred.

13. Health and Safety:

13.1. Our activities and expeditions are, by their very nature, hazardous. Despite our attention to risk management, there are inherent dangers involved beyond our control. We endeavour to minimise any such risks whenever possible. But, some adventure elements are simply beyond our control (i.e. the weather).

13.2. A medical/emergency risk assessment is prepared for each activity and expedition. In regard to overseas trips the client will be provided with a summation of the risk assessment for their particular trip and asked to sign a declaration that they have been duly informed and notified of the risks involved for their travel destination. It is a condition of booking that the consumer has read, and accepted the client 'summation of risk' relevant to their travel booking.

14.Trip Objectives:

14.1. The client understands that all stated objectives outlined in any of our itineraries are to be treated as aims only. Cardigan Walks stipulates that while we have no contractual obligation to attain any such objective as outlined i.e. designated route or summit, we will strive to achieve our primary aim for each activity or expedition.

15.Rental Equipment:

15.1. Clients must accept personal responsibility for any equipment rented or lent to them by Cardigan Walks and agree to pay for any loss or damage arising through misuse, carelessness, or negligence.

16. Client Responsibilities:

16.1. Clients must accept personal responsibility for any additional expedition expenses incurred through their own lack of punctuality, carelessness, competence, negligence, illness or lack of fitness. The client shall pay the vendor for any loss or expense the vendor may reasonably incur.

17. Leader Instructions:

17.1. On all of our activities and expeditions it is necessary that all customers follow instructions and guidance given by the designated Cardigan Walks staff or leader providing that they are deemed reasonable and safe. The safety of our customer is of our paramount concern and the responsibility for any safety decisions ultimately rests with the allocated Cardigan Walks instructor or guide. All clients, or if the client is under the age of 18, their parent or guardian, will be asked to sign a declaration to the effect that they agree to carry out such reasonable requests by Cardigan Walks staff.

17.2. Should any client commit any illegal act within the statutory definitions of the UK or behave in a disruptive, threatening or abusive manner likely to cause any alarm, harassment or distress towards any person or in any manner likely to cause danger to another person or property, we may terminate your activity or travel arrangements without any liability on our part. Should this occur, you may become responsible for your own travel arrangements home and we may make a claim against you to recover any costs incurred by us and may also initiate criminal proceedings.

17.3. We reserve the right to decline the attendance or send home at such cost to the client any client whose behaviour is such that in the opinion of the designated Cardigan Walks instructor, leader, or vendor is unacceptable.

18.Contracted Services:

18.1. If after booking, we cannot fulfil our contract or any essential part of that contract with you, we will pay you appropriate compensation up to the maximum of three times your activity or expedition fees. However, we will not be liable where such a failure is due to you, a third party unconnected with our company or where the failure is unforeseen, unavoidable or beyond our control as outlined in section 10.2. above.

18.2. If after booking, we are unable to provide the contracted services as outlined above, you can either have a refund of all monies paid or accept an offer of an alternative activity or expedition of an equivalent nature in cost and standard from us. If this is not available or you agree to an activity or expedition of a lower standard then you will be refunded the difference in price.

18.3. If after departure on one of our expeditions or trips, we are unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our very best to make suitable alternative arrangements at the time. If such arrangements are not to your satisfaction or liking then please contact Cardigan Walks as outlined under our complaints section.

19. Brochures or Trip Notes:

19.1. In view of the fact that our client information notes and brochures are by necessity prepared some time in advance, our advertised itineraries, facilities and excursions may be changed. Therefore, changes may be made to the particulars contained in any of our advertising documents at any time before the contract with you is made. In these circumstances, we will notify you of such changes prior to confirmation of your booking. Our client information notes will be considered the most up to date of our supplied information, superseding the information held on our website or any publicised brochure and the information contained therein will be deemed to be part of the contract.

20. Services Such as Accommodation, Meals, and Special Requests

20.1. Details of standards and type of accommodation and meals will be outlined in any activity or expedition brochure or supplied by the vendor.

20.2. We will endeavour to accommodate any special dietary or rooming requests at the time of booking. We will consider any similar special requests as long as it is reasonable and we will tell you whether there is a charge for the request. We will guarantee any such requests that we charge for or that are confirmed in writing.

21. Providers and Suppliers:

21.1. The vendor cannot accept full responsibility under these terms and conditions for its duly authorised providers and suppliers. All UK and overseas bookings must be accepted subject to the regulatory provisions or statute law relating to that supplier or provider. We will however act and do everything that is reasonably possible on your behalf should you incur any for loss or damage sustained as a result of any negligence by our providers or suppliers. Please be assured that our service providers will always do the utmost to ensure your safety and well being when engaged on your activity or expedition.

22. Limitations of our liability.

22.1. We are obliged to take reasonable care to provide you any service or facility that we advertise.

Should you wish to make a claim, then you should evidence that reasonable care has not been evident in our provision of services or goods.

22.2. Baggage and personal effects brought onto any activity or expedition are at all times the responsibility of the consumer and we accept no liability for their damage or loss.

22.3. Cardigan Walks reserves the right for client orientated payment for any damage caused or inflicted by any deliberate act, negligence, recklessness or wilful omission to any property or equipment belonging to our company, its agents, suppliers or providers.

23. Complaints:

23.1. You should contact Cardigan Walks, preferably in writing, within 28 days of returning home. In the event that you do not tell us within that period then this may affect the company's ability to investigate complaints and may impact on the way that your complaint is dealt with.

24. Release and waiver of liability

24.1. Should Cardigan Walks accept your booking request, you will have been asked to sign the booking form outlining that you have read, understood, and accept the terms and conditions as outlined here in our booking conditions section. The booking form will pay particular attention to the release and waiver of liability in that;

  • You release Cardigan Walks, its employees, instructors, guides, providers and in country agents/suppliers, (otherwise known collectively as Cardigan Walks et al) from all financial or economic cost, liability, loss or damage or damage to or loss of your property incurred or suffered by you directly or indirectly during the course of any activity or expedition. Cardigan Walks shall not be liable for personal injury, illness or death unless caused by the negligence or wrongful act of Cardigan Walks et al; AND

  • You waive any claims you have, or may at any time have against Cardigan Walks et al and that you by accepting the additional inherent dangers and risks associated with the activity or expedition, you agree not to make a claim or seek compensation against Cardigan Walks et al in respect of any personal injury, illness or death suffered by you unless such death or injury is caused by negligence or wilful omission of Cardigan Walks et al or likewise to any damage to or loss of property sustained by you as a result of your participation in the said activity or tour.

24.2. If, despite the release and waiver of liability in this instance, Cardigan Walks is found to be liable for damages to you, you agree that the maximum amount of such damages will be limited to the price paid for the activity or expedition (with the exception of any losses relating to death or personal injury arising from the negligent act or wilful omission of Cardigan Walks et al will not be limited).

24.3. Any damages or compensation are further limited by the Warsaw Convention as amended by the Hague protocol 1955 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail) and the Paris Convention 1962 (hotel accommodation). In the event of Cardigan Walks making such payment to you or on your behalf, you must assign to us or our insurers, as we require, all of your rights to pursue any third party and you must provide all reasonable cooperation to us and our insurers in relation to the pursuit of any such claim.

25. Law, Jurisdiction and Disputes:

25.1. The construction, validity, and performance of this contract and any claim or dispute arising from or related to this contract is governed by the non-exclusive law and jurisdiction of the English, Scottish or Northern Ireland courts respectively, dependant on where the consumer booked their holiday, be it within England and Wales, Scotland or Northern Ireland (this includes Internet bookings).