Terms and Conditions
Summary of General Terms for Activity
Bookings
Your booking provides a guarantee of a place on a scheduled activity session.
Cancellation Policy
In certain circumstances, we may have to cancel a session, e.g. adverse weather conditions. You may be offered an alternative activity at the same time, or the booking may be transferred to another day. If we are unable to offer a satisfactory alternative, your money will be refunded. If you cancel a booking no refund will be given unless we are able to resell the place that you have booked.
For cancellations due to COVID-19 see section 7.4
TERMS & CONDITIONS
1. Interpretation
In these terms and conditions (the “terms”) the following words shall have the following meanings:-
”PTA” means Path to Adventure Limited, a company registered in England under Company Number 10871200, with its registered office at Keepers Cottage, Ashlack, Grizebeck, Kirkby in Furness, Cumbria, LA17 7XN
“Activity” means one of a series of events or actions constituting the adventure.
“Adventure” means the activity or group of activities and events provided by PTA for you, pursuant to these terms;
“Instructor(s)” means the person or persons employed by PTA who is in charge of each individual activity;
“Price” shall mean the sum payable by you to PTA in respect of the adventure pursuant to these terms;
“You and yours” means the person or persons who contracts pursuant to these terms with PTA for the provision of services relating to the adventure.
2. Contract
Upon receipt of your payment, PTA will send you a confirmation of your booking, to the address stated in the booking form, accepting your booking and with any further details of the Adventure. This address may be an e-mail address.
3. General Conditions of Booking
3.1. Each participant, (unless part of a group booking, as set out in clause 3.2 below) shall complete and sign a booking form and medical form (as set out in clause 3.3 below). If you are under the age of 18, your parent or legal guardian must sign the booking form and medical form on your behalf.
3.2. In the case of group bookings, which for the purposes of these terms shall mean bookings for two or more people, the person signing the booking form shall be deemed to have the authority of the participants for whom the booking is made. The person signing the booking form shall be responsible for ensuring payment for the adventure, as set out in clause 4 below.
3.3. Each participant shall fill in a medical form upon arrival to the venue, even if part of a group booking, as set out in clause 3.2 above. You shall not participate in the adventure unless a medical form, completed truthfully and accurately and signed by you, or if under the age of 18, your parent or legal guardian, has been received by PTA. PTA reserves the right to cancel any bookings if you do not comply with this obligation, or if your medical form discloses any matters, which, in the sole opinion of PTA means that participation in the adventure is not suitable for you.
3.4. If you are suffering from a known medical condition or allergy such as (without prejudice to the generality of the foregoing) angina, asthma, diabetes, epilepsy, dizziness or a heart condition, which might incapacitate you, or you may be pregnant or have recently been discharged from hospital, you should be aware that it might be highly dangerous to participate in adventure activities. If you are in any doubt about fitness for participation, please consult your doctor before applying.
3.5. The following persons will not be allowed to participate in any activity:
a) Anyone under the influence of alcohol or drugs
b) Anyone who is knowingly pregnant
c) Anyone who has had an operation within the past twelve months that through participating could aggravate the object of the operation
d) Anyone undergoing medical treatment for an ailment that may be aggravated, including but not limited to high blood pressure, epilepsy, back problems, neck problems or any heart condition
e) Anyone suffering from any other condition that may be aggravated.
f) Anyone suffering from COVID-19 or symptoms of COVID-19.
3.6. If you are taking prescription drugs, you must present PTA with a doctor’s note stating, in plain language, the condition and the drugs prescribed. You must ensure that you are equipped with the correct drugs and dosage.
3.7. You will be responsible for your own transport to and from the start and finish points of the adventure, unless arranged otherwise with PTA. Any and all car parking fees for participants vehicles to be paid by the participant.
3.8. Any changes to the adventure requested by you may involve an administrative charge of £50.
4. Payment
4.1. Subject to the following provisions of this clause 4, the price for the adventure shall be as specified in the booking form. The sums due are as follows:
4.1.1. 20% non-refundable deposit is due upon submission by you of the booking form;
4.1.2. The balance of the price shall be due no later than four weeks prior to the start date for the adventure. Non-payment of the balance by this date will result in a forfeiture of the deposit as stated in clause 4.1.1.
4.1.3. In the period following the adventure an invoice for all further sums due for the adventure shall be issued and payment shall be made within fourteen days of the issue of such invoice.
4.2. Variations to the payment of any other terms contained within these terms may only be made between PTA and you by agreement in writing signed by both parties.
4.3. Any bookings made within four weeks of the start date for the adventure will be paid for in full upon submission of the booking form.
4.4. The price shall be varied by any new or additional tax or levy imposed by any lawful authority after the booking form was signed. All such alterations in price will be communicated to you as soon as possible. You will have the right to terminate the agreement if you are unhappy to proceed on the basis of the new price but you will not be entitled to a refund of the deposit.
5. Safety
5.1. You agree to comply with the instructions given by your Instructor during the course of any activity in the adventure and to comply fully with any health, safety or fire regulation requirements as may be directed by Instructors. Failure to comply will result in the cancellation of the contract and forfeiture of all sums paid. The consumption of alcohol during an activity is strictly prohibited unless with the express permission of the Instructor.
5.2. Conduct considered by the Instructor to be disruptive, contrary to good order or prejudicial to the interests or the safety of other participants shall result in the immediate exclusion of that participant from the remainder of the activity. At the discretion of PTA the excluded participant may be sent home, and the cost of the remainder of the adventure will be forfeit.
5.3. PTA reserves the right to refuse the participation of any individual in an adventure if, in the opinion of any of the Instructors the participant is deemed to be unable to meet the challenges of that activity for any health or safety reason.
5.4 You agree that in the instance of an emergency rescue or first aid scenario, your PTA Instructor will dynamically assess the situation and may deem it necessary to break the 2m social distancing rule set by the Government.
6. Data Protection
6.1. You agree that in addition to submitting your personal information to PTA for booking purposes:
6.2. PTA will require to process sensitive information about you, in particular in relation to your health. This information will not be shared with third parties and will be used solely for the purposes of ensuring your eligibility to and safety during adventure activities.
6.3. PTA confirm that we will use its best endeavours and adequate security measures to keep confidential your personal details except for the purposes contemplated by this agreement, or when disclosure is required by law.
7. Cancellation of the Adventure
7.1. By PTA:
PTA shall be entitled at their sole discretion to cancel the adventure upon notice to you in one or more of the following circumstances:
7.1.1. The closure of areas in which PTA conducts the adventure or any part thereof;
7.1.2. Failure by you to make payment in terms of clause 4.1.1; or
7.1.3. The occurrence of any other circumstances which, in the sole opinion of PTA would lead to either the reputation of PTA being damaged or damage being caused to property of PTA.
7.2. In the event of cancellation in the circumstances set out in clause 7.1.1 PTA will either:
7.2.1. Refund any payments made by you, less any administrative costs incurred; or
7.2.2. Offer you alternative dates for another adventure.
7.2.3. In the event of the activity being called off due to adverse weather or other conditions that could lead to any harm or personal injury being caused to any participants in the adventure activities, PTA will offer an alternate program or an alternate date for your chosen activity where possible. No refund of monies paid will be made. In these circumstances PTA shall not have any further liability to you.
7.3. By you:
7.3.1. In the event that you cancel an adventure less than four weeks before the specified date of the adventure as stated on the booking form, PTA reserves the right to impose the following cancellation charges:
7.3.1.1. Cancellation less than fourteen days before the date of the adventure – 100% of the total Price;
7.3.1.2. Cancellation between four weeks and fourteen days before the Adventure – 80% of the total Price.
7.3.2. All intimations of cancellation must be made in writing to PTA and will be effective on the date of actual receipt by PTA.
7.4 Cancellation due to COVID -19:
7.4.1 In the event of the activity being called off due to a change in Government guidelines or policies, PTA will offer the choice of either a voucher to postpone the activity to a time when it is safe to proceed or a full refund.
7.4.2 In the event that you cancel an adventure due to being symptomatic of COVID-19, or that you have recently been in close contact with someone who has been or is symptomatic of COVID-19, our normal cancellation policies apply. We recommend you take out insurance to cover you in this event.
8. Limitations on liability
8.1. PTA will not accept any responsibility for any items of personal property of you or other participants at the adventure. All items of property are brought entirely at the owner’s risk. The cost of returning lost property if eventually found will be entirely borne by you.
8.2. PTA reserves the right to cancel its agreement with you or to limit its compliance in any way with its obligations as set out in the booking form and these terms, to the extent that it is prevented or delayed in the carrying out of its obligations due to circumstances beyond its reasonable control, including without limitation, accident or breakdown of plant and machinery, acts of god, compliance with any law or governmental order, rule, regulation or direction, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, non-compliance by any sub-contractor or strikes or failure of any service, any of which circumstances shall mean “Force Majeure” in these terms.
8.3. If PTA is prevented or delayed in the performance of its obligations here under by reason of Force Majeure, it shall forthwith serve notice in writing on that effect to you specifying the nature and extent of the circumstances giving rise to Force Majeure, and shall, subject to the service of such notice, have no liability in respect of the performance of such of its obligations as are prevented by the Force Majeure events during the continuance of such events.
8.4. In the event of PTA claiming to be prevented or delayed in performance of its obligations under these terms by reason of Force Majeure, it should use its reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which the agreement with you may be performed despite the continuance of the Force Majeure event.
9. General
9.1. PTA will take reasonable steps to fulfil its obligations in respect of any adventure, in accordance with the details set out in the brochure and these terms, to the best of its ability, but if unable to do so, PTA reserves the right to provide an alternative service of an equivalent standard at no additional cost to you.
9.2. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provision in question will not be affected
Further Notes:
1. While PTA takes all possible steps to ensure the safety of all participants in its adventures, you should understand that all outdoor activities present an element of risk to the participant. PTA has a rigorous risk assessment and set of operating procedures which are designed to minimise risk, but participants are advised that it is not possible to control all factors, especially those dependent on nature. Adventure activities are also likely to subject participants to getting wet and / or dirty and occasionally an element of discomfort.
2. Your safety is of paramount importance to PTA and we endeavour to use all the latest equipment, methods and experienced instructors to ensure maximum safety at all times. Instructors holding as a minimum, the certificate required by the governing body of the particular activity, as well as a first aid certificate, will facilitate all adventure activities.
Policy updated 28.02.22