Booking Terms and Conditions
The British Mountaineering Council (BMC) Participation Statement
“The BMC recognises that climbing, hill walking 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.”
Participation in adventurous activities entails some risk of injury. All staff employed by AFS Mountaineering are trained and appropriately qualified to run advertised events and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
Please ensure that you have read and understood the British Mountaineering Council Participation Statement above.
These Terms and Conditions are designed to ensure safety, clarity, fairness to all parties and to ensure your experience from initial enquiry until the end of the event is the very best we can provide.
The requirements of the Adventure Activities Licensing Authority mean that we are unable to take under 18's unless they are accompanied on the event by their parent or legal guardian. Any booking for a person under 18 must be made by their parent or legal guardian.
The parent or guardian needs to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the leader.
The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
Neither the AFS Mountaineering website or literature constitutes an offer and AFS Mountaineering 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 going to press.
Terms and Conditions of Bookings
1. Booking & payments - We reserve the right to refuse a booking or to make changes to advertised prices until the point of confirmation of your activity / event. If this occurs we will notify you and if you are not satisfied with this all monies paid will be returned. Full payment is due at the time of booking. Bookings for Courses and advertised set events (on the AFS Mountaineering website, Facebook and Twitter pages) must be paid in full at the time of booking. The price of your activity / event can be varied due to government action, such as charges in VAT (if applicable) or any other government imposed changes / currency changes. If you do not pay your balance within the above time scales you may incur further charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Payments can also be made by bank transfer (BACS). Please note there is a £10 surcharge for cheques. If you book a NNAS course directly with NNAS they charge an extra handling fee.
2. Cancellation / Changes by you - Should you wish to change details of your booking after we have confirmed details we will do our best to help accommodate you. The following cancellation schedule will be used to ascertain any outstanding fees:
More than 2 weeks (14 days) prior to the start date and time -- I will refund what you have paid minus a £30 admin fee
Within 2 weeks (14 days) of start date and time or during the event -- Full payment is due and no refund will be given
If you are late for the start of an event you MUST inform the leader. Contact details and other information is always given a few days before the start of an event. If you are severely delayed I cannot wait indefinitely at the expense of other paying clients and you may have to accept the event won't happen for you
If you don't show up for the event, this will be taken as a cancellation by you and no refund will be issued
If you decide to leave an event part way through, our duty of care to you ceases and you will be responsible for getting back to your vehicle/accommodation. We take no responsibility for your safe return in such circumstances and no refund will be offered.
It is strongly advised that you get your own holiday insurance in case you cannot make the event
3. Cancellation / Changes by us -
(a) Should we make changes or cancellation due to AFS Mountaineering inability to provide resources or staff or when cancellation by others on your course makes continuation unviable or impractical we will inform you as soon as possible with suggested alternatives. Should these not be satisfactory or suitable for you we will refund all monies within 14 days (by BACS).
(b) We will always strive to provide you with the activity / itinerary stated on your booking form / confirmation however the very nature of the outdoor environment means that the weather and other unforeseen circumstances can often determine that this is not possible. Examples of possible hindrance may be no water / snow, too much water /snow / wind, landslides road / river blockage, local access / land management / forestry issues etc. Any changes we are forced to make due to these or similar circumstances will be based on ensuring your safety and providing you with a quality outdoor experience. We will inform you as soon as we have made an assessment that such a change is necessary so we can discuss / arrange suitably comparable alternative activities / locations / itineraries for your day / event / course. Getting to a particular summit is NEVER guaranteed for the above reasons. We will always try and find alternatives but sometimes the nature of the weather means that it is unsafe to go to higher altitudes. Refunds are not normally provided in such circumstances.
(c) Some events require a minimum number of participants in order to be viable. These are stated in the event page. If we cancel the event because of insufficient numbers, you will be offered a full refund, or the offer of an equivalent event on a different date. We are not liable for any other costs incurred by you, and strongly recommend that you take out appropriate holiday / travel insurance.
(d) We reserve the right to refuse your participation if we deem your level of fitness, health or your clothing / equipment is unsuitable for the event, or if you appear to be under the influence of alcohol or drugs or you are otherwise behaving inappropriately. This will be treated as a cancellation by you and no refund will be given in these circumstances.
(e) If, due to Force Majeure we are unable to fulfil our contract with you, you will not be due compensation. This relates to extremely unusual or unforeseeable circumstances beyond our control which generally affect us all. These can include, for example, war, riot, industrial dispute and / or strikes, civil commotion, disorder, terrorist activity and its consequences, natural or nuclear disaster, malicious damage, fire, flood, epidemic, quarantine restriction or extreme weather conditions which make normal operations impossible to continue or dangerous.
4. Insurance – Although we have full public liability insurance we recommend that you arrange adequate personal insurance cover for activities, holidays and courses. You should note that many travel insurance policies exclude cover for certain sporting activities, so you should carefully check the terms of any proposed insurance policy to ensure that it meets your requirements.
5. Liability – In the absence of any negligence or other breach of duty by us or our employees and agents, you will be responsible for any loss, theft, injury or damage to your own vehicles, their contents fittings or accessories. In the event of a breach of this contract by AFS Mountaineering, we shall not be liable for any loss, damage cost or expense arising out of the breach which was not reasonably foreseeable at the date the contract is made, except in respect of death or personal injury resulting from any act or omission on the part of AFS Mountaineering. AFS Mountaineering will only be liable for loss or damage caused by the proven negligence or default of the company or its employees in performing their obligations under this agreement.
6. Health and Safety – Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Clients must adhere to the instructions, guidance and decisions of our mountain leaders as they have specialist knowledge & skills and are committed to keeping you safe.
(a) It is your responsibility when booking to ensure that you and members of your group are fit enough to cope with the activity and the environment associated with your booking. Clients must inform us prior to the event of any medical condition / illness / disability (including medication which may affect their performance) on the booking form so we can discuss your needs and make appropriate arrangements. All clients should inform the mountain leader if there has been any change to the medical condition / illness / disability between booking and the start of the event. All clients should inform the mountain leader immediately if they feel unwell during the activity.
(b) Illicit drug use is not permitted prior to, or during our events / activities. Clients wishing to bring alcohol on wilderness camping treks must be aware that they are responsible for it, it is for personal consumption in the evening and that they must drink responsibly so as not to behave inappropriately, cause distress to others, cause damage or be unable to continue the activity / be unfit in the morning. Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. This will be treated as a cancellation by you as per Section 3d above.
(c) Clients must show respect to equipment / vehicles / buildings / other clients / wildlife (flora and fauna) and the environment / other hill / mountain users / staff / land owners or their employees – Abuse or causing distress to others or loss / damage due to negligence will result in repair / full replacement costs. This may also lead to exclusion from activities / accommodation / courses without refund. The customer is responsible for the safekeeping of all equipment issued for use during the activity/course.
(d) The gear list is sent out on booking and is also available on this website here. It is your responsibility to contact AFS Mountaineering if there are items which you don't have as we can bring spares along. If you turn up without the essential kit and haven't informed us of this in advance so that we can bring spares, we reserve the right to ask you not to join us should we decide that you are missing essential kit for the particular activity. This is for safety reasons and for the safety of others. You will not be refunded in such circumstances.
7. No Smoking Policy – In England and Wales - The Health Act 2006, and in Scotland - The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 mean that smoking is prohibited in any building. This includes all AFS Mountaineering vehicles and tents.
8. Dogs – If you are booking an activity / event for yourself or yourself with friends / family that is not a pre-advertised organised event on the AFS Mountaineering website (or social media pages), you are welcome to bring well-behaved dogs. They must be kept on a lead at all times so as not to disturb wildlife and the owner will be responsible clearing up and appropriately disposing of dog mess. If you wish to bring your dog on a wilderness camping trek, you must have your own tent. AFS Mountaineering cannot provide tents under these circumstances.
9. Use of AFS Mountaineering equipment – With the exception of fair wear and tear, AFS Mountaineering reserves the right to charge for equipment provided to you for the activity / event that is lost, damaged or misused. This charge means the full cost of a new replacement or equivalent item of the same standard. If you are unsure of how to use the equipment please ask your mountain leader.
10. Service and feedback – We want you to enjoy your experience in the outdoors to its fullest, if you are dissatisfied with any aspect of the service provided by AFS Mountaineering please inform us as soon as possible and we will take appropriate action.
11. Meeting up – Please ensure you are at the agreed meeting point by the agreed time. If you are running late then please contact us, and we will do our best to accommodate the delay, but this will be at your risk and not at the inconvenience of other clients.
12. Final choice of routes – The choice of routes for all events is in the discretion of the leader. No guarantee can be given that we will reach a specific location or summit, and timings given can therefore only be approximate. Unless otherwise specified, an event would normally finish in late afternoon or early evening on the relevant day. You are therefore recommended not to have any obligation or commitment for later that day. If you wish to meet a specific schedule, e.g. for onward travel, please notify us before the start of the event, however we cannot guarantee to be finished by a specific time, and will not be liable for any additional costs incurred.
13. Photographs and Marketing – Photographs taken on our events may be used on our website, social media pages or other promotional material. If you do not wish to be photographed by AFS Mountaineering, please inform the leader. We cannot be responsible for other people on an event taking pictures and posting them on their social media pages, but if you do not want to be photographed by them please ask people to be respectful of this. AFS Mountaineering does not believe in regularly sending out emails or newsletters. It annoys us as people when we receive them and are forever having to unsubscribe from emails that we never signed up to. Most of our marketing is done via our Twitter and Facebook Pages and you are welcome to like/follow us (Search AFS Mountaineering on Facebook or @afsmountains on Twitter). Our website also includes all of the set trips and courses that we are running.
14. Personal possessions – You may leave dry clothes or footwear in our vehicle to change into after the event, however this is at your own risk. We take no liability for loss or damage to your equipment or clothing that you bring with you on our activities.
15. Additional Terms and Conditions relating to wilderness camping treks – All wilderness camping events are self-contained. The group carries everything it needs (tents, sleeping bags, food, cooking equipment and fuel, etc.), and you will be expected to carry your fair share. There are no washing or toilet facilities (with the exception of one or two particular bothies) for the duration of the event, other than what we arrange ourselves. The leader is not the sherpa, porter or cook. Advice on what food to bring can be given before any event. For wilderness camping treks, Wayfayrer or similar ready-cooked meals can be provided with a minimum of two weeks notice (breakfast and evening meal). Any special dietary requirements must be made at the time of booking, the company cannot accept responsibility for not being able to deliver special dietary needs at short notice. If you book as an individual, you may be expected to share a tent with another individual of the same gender.
16. Permits – It is your responsibility to obtain any permits required for any additional activities you wish to undertake whilst on one of our events (e.g. fishing).
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. This includes all photographs, diagrams and images. Subject to the licence below, all our intellectual property rights are reserved. No part of this website or any picture is to be reproduced without written permission from the AFS Mountaineering.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from the website, provided that:
(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(c) you must not edit or otherwise modify any material from the website.
(4) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(6) Entire agreement
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
(7) Law and jurisdiction
This notice will be governed by and construed in accordance with English and Welsh law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England and Wales.
(8) Our contact details
You can contact us by email.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect:
(a) information about your visits to and use of this website;
(b) information that you provide to us for the purpose of booking an activity with us.
(2) Information about website visits
We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.
We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites.
(3) Using your personal data
We may send your contact information to another provider in exceptional circumstances and only with your written agreement to do to. This could include situations where nobody from AFS Mountaineering is available for dates that you would like or due to sudden and unforeseen injury or illness and you are happy for us to find an alternative provider.
We will never knowingly provide any of your information to any third party without your written permission. The only exceptions are outlined in Section 4 below.
(4) Other disclosures
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.
(5) Security of your personal data
We will take all reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. All personal information that you provide us is saved to a password-protected cloud server. All email correspondence is saved to a password protected email programme. Printed copies will be taken by the leader of any particular activity in case of needing to contact you (if you’ve not shown up), an emergency contact should the need arise, and to be aware of any medical conditions which may need to be factored into a route plan by a leader, or in case of a first aid response. We will never reveal your personal details to any third party and never use your contact details for marketing unless there is a particular event we feel you would be interested in. If that is the case we would seek your written permission to email you periodically and you can request us to stop with immediate effect by replying to us asking us to do so. We will use your postal address to send your NNAS certificate upon passing an award. Any printed copies of your booking form will be shredded upon completion of the event when the leader has returned to the office and are never left unattended. We retain your email with the booking form for 3 years in case of any legal action or claims against AFS Mountaineering.
(6) Policy amendments
(7) Your rights
We use social media and the AFS Mountaineering website to publicise events and for advertising purposes. We do not send out newsletters or other marketing communications via third parties. We may occasionally send out an email to previous clients at the start of a season with some activities that we think you might be interested in. Please contact us if you would rather not hear from us in such cases.You have the right to ask what information we have about you and we will aim to respond within 28 days.
(8) Third party websites
The website contains links to other websites and we have provided these as we think they are relevant and of potential interest. They will open in a new tab / window. We are not responsible for the privacy policies or the accuracy of the content of third party websites. Listing of sites and links to them should not be taken as an endorsement of any kind.
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