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Terms and Conditions
General Terms and Conditions
Definitions:
“Tour” means the Tour (including, but not limited to, accommodation, catering, travel, activity and any other service) provided by Walk Hill and Glen.
“you” “your” is defined as the customer registering on the Tour.
“we” and “us” is defined as Walk Hill and Glen and any associated organisers.
If you disagree with our terms and conditions
By booking this Tour, you are entering into a direct contract between yourself and Walk Hill and Glen and are agreeing to the terms and conditions below. If you don’t agree with these in full you must contact the Tour organiser and not sign up to the Tour.
Participation
By booking onto an Tour, you agree to the Terms & Conditions of Walk Hill and Glen and accept that you and any guests that you bring are participating on your own accord, as an informed adult, entirely at your own risk & expressly accept that neither Walk Hill and Glen or any associated organisers have any responsibility or liability for loss or injury to persons or equipment.
Clothing and Equipment
For all activities, suitable clothing is required. For walks, this includes but isn’t limited to suitable footwear (sturdy hiking boots), jeans are not advisable as they are difficult to walk in when wet and several layers appropriate to the weather, time of year and location are advised including a waterproof layer in case of rain. As the participant, it is your responsibility to be suitably dressed and equipped for whatever activity you have chosen to do with us. This will not be checked on the day, so this is your responsibility as an attendee, however for trips into mountainous areas if you are deemed by the organiser to have inadequate clothing for the conditions then you will not be allowed to participate in the Tour. No refund or partial refund will be given in these circumstances.
First Aid
The hike leader has undertaken a basic First Aid training course and carries a First Aid kit on Tours. In the Tour of a medical emergency arising, you consent to the administration of First Aid measures as may be determined necessary by the hike leader or any other person present with current First Aid training. You further consent to any further medical treatment being administered by the Emergency Services if deemed necessary.
Safety
Safety is paramount to us.
You will not go out of audible distance from the leader or stay at any point whilst the leader has moved on. You will not walk off from the leader. You may get lost if you leave the leader for any reason. We accept no responsibility should you get lost. By signing up to any Tour you agree that you can meet the physical requirements of that Tour. If you cannot meet the requirements to stay with the leader you agree to take responsibility for yourself and waive any responsibility from us.
Liability
Participation in any Walk Hill and Glen Tour is subject to the participant signing the WAIVER OF LIABILITY AND ASSUMPTION OF RISK FORM circulated by the organiser before the start of a Tour.
A copy of this form is included in the Participation Statement at the bottom of this Terms and Conditions document.
You should be aware of and accept the risks as you are responsible for your own safety and you should not undertake anything beyond your abilities. It is also your responsibility to be correctly equipped for the weather and activity you have chosen to participate in.
Walk Hill and Glen is not responsible for the provision of any personal travel insurance, tour insurance, or personal accident insurance for people attending any Tour.
Accuracy of Information
You agree that Walk Hill and Glen bears no responsibility for the accuracy of information regarding public transport costs, times and conditions of carriage, or safety of third-party equipment or facilities used. Though we will endeavour to offer what it believes to be accurate information at the time of publication for any Tour, you agree that it is ultimately the responsibility of each participant to satisfy themselves of any accuracy of information directly with third party sources/facilities, enabling companies or persons.
Changes of details
Your booking, payment, actual or intended participation also indicates your agreement that Walk Hill and Glen reserves the right to change at any time & without prior or written notice the start, finish, duration, location, and terms for any activity, accommodation or transportation it provides, wherever the Tour organiser deems appropriate, without a necessity to compensate participants’ losses or grievances in doing so.
Taking pets or minors on trips
Walk Hill and Glen provides adult trips and our Tours are tailored towards adults and both the paths that we take and some of the activities we take part in are not suitable for children. In addition, pets can distract others and cause a tripping risk as well as some people who are not keen on dogs or have allergies. Most accommodations also don’t allow any pets. For these reasons we cannot accept anyone bringing a pet with them on a trip. In this instance the person will not be accepted onto the trip and no refund will be due or offered. Where Tours are labelled “Family Friendly”, any person below the age of 18, must be accompanied by a parent or legal guardian on our tours.
Health conditions
It is your responsibility to inform the Tour organiser if you have any special dietary requirements as food will often be provided on trips, which are longer than a day in duration. You should also inform the organiser of any medical conditions you have, and ensure you are content with any agreed actions relating to them being dealt with during a Tour.
Safety and Behaviour
You are expected to behave safely and responsibly to ensure that no one comes to harm. We reserve the right to exclude an individual from an activity if we deem them to be acting in a manner that causes inconvenience or annoyance to other members of the group. We also reserve the right to exclude a member if we deem they present a safety risk to themselves or other members of the group. This might be due to their conduct or being inadvertently prepared for the activity they have chosen to take part in. In instances where an individual is excluded there will be no refund.
Photos
Any photos taken on a trip by the organisers or that are posted online may be used by Walk Hill and Glen for promotional purposes. If you do not wish this to happen please advise us in writing or by confirmed email (where we reply to confirm that the photo/s will not be used).
Acceptance on trips
At all times the decision of the trip leader is final on all matters likely to endanger the safety and wellbeing of the trip. Anyone attending a trip must at all times comply with the laws and regulations applicable in the country visited. Should the attendee commit any illegal act when on the tour/trip or, if in the opinion of the tour leader, the attendees’ behaviour is causing or is likely to cause danger, distress or annoyance to others we may terminate that attendees trip and travel arrangements without any liability on our part and the attendee will not be entitled to any refund. Acceptance on Walk Hill and Glen trips is subject to discretion and if it is deemed prior to a trip that someone is not suitable for a trip for any of a variety of reasons (at our discretion), a refund will be given to the attendee and the booking cancelled.
Cancellation of a trip
Walk Hill and Glen reserves the right to cancel a trip entirely for any reason, but will not cancel a trip less than 30 days before departure except for force majeure, unusual, unexpected or unforeseen circumstances outside our control. When a trip is cancelled by us, we are not responsible for any incidental expenses that you may have incurred as a result of your booking.
Refund Policy
Where a deposit is required at the time of booking, this is non-refundable and non-transferable. If you do not make full payment for the trip by the deadline advertised on the website, your booking will be cancelled and your deposit paid will not be refunded.
Once full payment has been made in advance for one of our trips, we are unable to provide a refund if you aren’t able to travel due to personal circumstances.
The organiser is not liable to provide any refunds unless the cancellation is on behalf of the organising parties.
Deposits are non-refundable but may be credited for a future tour date if cancelled by the customer.
If Walk Hill and Glen cancels your tour, then all monies will be refunded in full.
Deposits cannot be transferred to another customer.
The remaining balance for your tour is due no later than 14-days before the start of your tour.
Walk Hill and Glen reserves the right to cancel or reschedule tours due to inclement weather or unforeseen circumstances.
Walk Hill and Glen is not responsible for any additional costs incurred by customers due to tour cancellation or rescheduling.
Customers are responsible for their own transportation to and from the pick up/drop off location.
All customers must comply with Walk Hill and Glen’s safety rules and regulations during the tour.
Walk Hill and Glen reserves the right to refuse service to any customer who poses a safety risk to themselves or others.
Insurance
Walk Hill and Glen does not accept liability for personal injury or death of any participants however caused, or for the loss or damage of property while participating in any Walk Hill and Glen Tours. It is strongly recommended that you take out appropriate insurance to cover yourself against potential personal accident or loss or damage to personal property when joining us on hikes in Scotland.
It is an essential requirement of participating in all Walk Hill and Glen overseas trips (i.e. outside the UK) that you have valid travel insurance that covers the cost of any medical treatment needed and evacuation and also specifically the activity of hiking. It is also recommended that this covers cancellation and curtailment. You will be required to provide a copy of this on the trip, and without it we cannot accept you onto the trip and no refund will be due in this case.
Participation Statement and Waiver of Liability and Assumption of Risk
I understand that by taking part in outdoor activities, there is a risk element to these which I accept. I also understand and agree to accept the terms and conditions listed in this document in taking part in this activity.
I confirm that I am medically fit for the activity I am taking part in and that I will make the Tour organiser aware by email of any medical condition that may be relevant at least seven days in advance of the trip.
Release and Waiver & Assumption of Risk and Indemnity Agreement
I confirm I am in possession of adequate travel insurance.
[Signature]
[Name]
[Date]
Assumption of Risk and Indemnity Agreement (Please read and review carefully before signing)
In consideration of being permitted to participate in any way in any Walk Hill and Glen Tour or activities, I, for myself, my personal representatives, heirs and next of kin hereby agrees as follows:
- I shall RELEASE, WAIVE, and DISCHARGE Walk Hill and Glen, participants or any affiliate, subsidiary or subdivision thereof, sponsors, advertisers, owners and lessees of premises used to conduct the Tour, premises and Tour inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or less control activities regarding the premises for Tour and for each of them, their directors, officers, agents, members, and employees FROM ALL LIABILITY, LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE TourS, WHETHER CAUSED BY MY OWN NEGLIGENCE OR OTHERWISE. In addition, I COVENANT NOT TO SUE Walk Hill and Glen based upon any claim arising out of any of the Tour, subject to clause 5 below.
- I ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the Tour caused by me and I shall INDEMNIFY AND SAVE AND Walk Hill and Glen HARMLESS from any loss, liability, damage, or cost they may incur due to claims brought against Walk Hill and Glen arising out of my injury, or death, or damage to my property while I am participating in the Tour and whether caused by the negligence of Walk Hill and Glen or otherwise.
- I hereby acknowledge that outdoor Tours are POTENTIALLY VERY DANGEROUS and involve the risk of serious injury. I hereby agree that this Release and Waiver, Assumption of Risk and Indemnity extends to all acts of my own negligence AND IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF SCOTLAND and that if any portion thereof is invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
- I hereby ASSUME FULL RESPONSIBILITY for ensuring that I am in possession of adequate insurances policies, including travel insurance for provision of, but not limited to, medical emergency treatment, hospital and doctors’ fees, repatriation to my home country of me by medically appropriate means or in the Tour of death my body, personal liability, legal protection, as well as cover for travel delay loss of passport, cash or chattels in respect for participation in this Tour and I specifically acknowledge and confirm that such cover is appropriate for the countries, territories where the Tour will take place and specifically covers all activities in which I will participate. I hereby AGREE TO INDEMNIFY AND HOLD HARMLESS Walk Hill and Glen in the Tour that any insurance provision is shown to be inadequate for the purposes of fully participating in this Tour.
- Nothing in this Release and Waiver & Assumption of Risk and Indemnity seeks to limit or exclude Walk Hill and Glen liability for death or personal injury caused by its own negligence, or for fraud or fraudulent misrepresentation, or for any other liabilities that cannot be limited or excluded under Scottish law.
I HAVE READ THIS RELEASE AND WAIVER, ASSUMPTION OF RISK AND INDEMNITY, POSSESSION OF TRAVEL INSURANCE AGREEMENT AND I FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Walk Hill and Glen reserves the right to update and make changes to this disclaimer at any time.
[Signature]
[Name]
[Date]