TERMS AND CONDITIONS

These Terms and Conditions constitute an agreement between Adventure Tour Snowdonia (ATS) and the Customer,  using the products or services of ATS.  The Customer agrees to be bound by these Terms and Conditions.  A payment by credit or debit card guarantee, for or part payment or a signature on written Terms and Conditions will signify acceptance of these Terms and Conditions relating to the use of the products or services of ATS

 

Our Terms include important information about our Tours & Adventures, including any restrictions on who can or cannot take part in them. Give them a good read!

 

You acknowledge that you have read all these Terms and conditions and you agree to make sure all persons within your party and your booking have also read our terms and conditions.

Before taking part in any adventurous activity,  the participant agrees that:

Adventurous Outdoor Activities are physical and demanding  which obviously have inherent hazards associated with them. We take all necessary precautions to try and ensure the safety of all participants at all times.

Each participant should familiarize themselves with the hazards and try and minimise these as much as possible by complying with our recommendations of equipment and clothing you will require

Furthermore, it is understood and agreed that the individuals participate at their own risk.  If you are unsure of your physical fitness required to participate in an activity, we recommend that you seek independent medical advice.

In booking an activity,  you declare that to the best of your knowledge you do not have a medical or physical condition which would preclude you from taking part in any activity safely.

1. WEATHER POLICY

ATS and its  activity partners are committed to ensuring your safety and complying with Health & Safety legislation. This means that there may be times where weather conditions mean some of our Adventures and activities  are not safe to take part in.

Due to adverse weather or other, some of our activity partners will allow a refund, subject to availability (and in accordance with these Terms), change the Booking to another of our Adventures up to the same value of your original Booking, or reschedule which may not be suitable for your Tour schedule.

2. GENERAL CONDITIONS OF SERVICE APPLICABLE :

Whilst every reasonable attempt will be made to deliver all our activity’s, ATS  reserves the right to cancel or modify any session due to safety considerations and factors beyond our control.

As part of the continual review of safety and associated considerations, the conditions of booking are subject to change, clarification and modification at any time.

  • The Participation Form

Every Adventurer is required to sign a Participation Form at certain activity locations. If an Adventurer doesn’t sign a Participation Form, or doesn’t comply with any of the terms set out in the Participation Form, it may result in that Adventurer being prohibited from taking part in the Adventure concerned.  If this happens, no refund will be paid and we will not be liable for any compensation, consequential losses or any other losses arising.

3. WHAT’S INCLUDED IN THE PRICE?

(a) Adventure activities – The price will include the Adventure Tour and all activities within the tour schedule. Adventure activities, access into places of interest, public liability insurance, and of course your tour guide for your tour duration

(b) Sightseeing activities – The price includes our Tour and services and expert guides and transport. Only in our sightseeing tours, the price does not include entrance fees into places of interest of that particular tour. The customer will have to pay this fee on the day.

What isn’t included.

The price doesn’t include personal insurance, snacks, lunch, beverages, optional adventures and excursions, gratuities and any other items not specifically mentioned as being included. And section (b) above in the sightseeing activities

4. LIABILITY AND INSURANCE

The Management accepts no responsibility whatsoever (apart from public liability) for any loss or injury resulting from any persons’ involvement in any activity which they participate in, except where injury is caused by the negligence of ATS.

When participating in an activity, or within the grounds of a company we use as part of our tour, you will be subject to their terms and conditions and under their control of liability and insurance.

We highly recommend that you take out personal travel insurance to cover any consequential losses due to any unforeseen damage to property or cancellation of sessions.

Insurance

ATS has appropriate public and employer liability insurance.  Personal insurance against injury, theft, loss or any other event is not included and you must arrange for such cover, if required, to be in place.

This applies to our ATS Customers

(a)     If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into an Agreement.

(b)     We do not in any way exclude or limit our liability for:

   (i)      death or personal injury caused by our negligence;

   (ii)      fraud or fraudulent misrepresentation;

   (iii)     any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

   (iv)     any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

   (v)      defective products under the Consumer Protection Act 1987.

Subject to condition 24(b), our total liability to you in respect of all losses arising under or in connection with an Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Adventures purchased.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Adventures. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Adventures are suitable for your purposes.

5. HEALTH AND SAFETY CONSIDERATIONS

Due to the strenuous nature of outdoor activities, all participants must be physically able. Anyone with a medical condition or injury which may impede their ability should consult their medical practitioner to assess their ability to participate in activities on our tours.

On arrival to some of our activities you will be asked to sign a statement of risk confirming your ability to participate.

Activity participants will not be permitted to consume alcohol or drugs prior to or during activities. ATS reserve the right to refuse participation to anyone considered to be under the influence of alcohol or drugs.

Whilst taking part in our tours and activities, participants may be photographed by ATS  and these may be used on our website. These images may be used for promotion of ATS. If this is not acceptable please contact ATS in advance of your booking. Your wishes will be respected.

If you or your group have any specific requirements we recommend that you contact ATS in advance to ensure that suitable arrangements can be made.

Due to the hazardous nature of activities run by ATS, activity participants must arrive on time to attend a comprehensive safety briefing, failure to do so will result in you being unable to participate in this activity.

6. EQUIPMENT AND CLOTHING

For safety reasons, our customers are asked to bring suitable clothing for all weather conditions, and in the case of not doing so, ATS will not be held responsible if they cannot participate safely and actively on our Tour.

Clients should bring swimwear and a towel.

During activities, subject to using other companies on our tour, they are responsible to provide suitable equipment and clothing for the activity. Any damage to, and loss of equipment may be subject to their T&C’s

7. LOSSES

If you or any of your party/booking deposit personal possessions, items of clothing or any other property with an employee or a third party on any of our Sites we visit,  then they do so at their own risk and ATS will not be responsible for any loss or damage to these items however caused.

8. BOOKINGS AND PAYMENT

(a) Adventure activities – Until full payment has been received, no tour with ATS is officially reserved. Only once you receive our confirmation email that your full payment has been received, along with our welcome email, is your tour officially confirmed.

Bookings cannot be amended after initial booking, as ATS will have pre booked and pre-paid for your chosen activities on your chosen dates once payment has been made. Please make sure before booking you are fully aware and happy of your choices.

(b) Sightseeing activities – Full payment is required for our sightseeing tours upon booking. All bookings are final, and non refundable

9. REFUND AND CANCELLATION POLICY

Adventure Tours

(a) Once you have made an initial booking and full payment has been received, and ATS cannot offer places on all activities of the tour, we will firstly contact you with an offer of a similar alternative activity of similar value. If you are happy to proceed, then we will commence the booking as normal with amendments.

(b) Once you have made an initial booking and full payment has been received, and ATS cannot offer places on all its activities of the tour, we will firstly contact you with an offer of a similar alternative activity of similar value. If you are not happy with this alternative, and you choose not to proceed, we will return your payment in full.

Sightseeing Tours

(a) Bookings on all our sightseeing tours are final. Once booking and payment has been made a refund cannot be issued

10. COMPLAINTS AND DISPUTES

Any disputes or complaints must be brought to the attention of ATS in writing within fourteen (14) days from the occurrence which gave rise to the complaint / dispute.  On receipt ATS will respond within 14 days in writing.  ATS will endeavor to investigate and resolve such a dispute or complaint without involving third parties. In the event of a complaint or dispute not being satisfactorily resolved both ATS and the Customer hereby agree that the dispute will be settled and determined by arbitration pursuant to the laws of England and Wales under the provision of the Arbitration Act of 1996.               

(a)   We may transfer our rights and obligations under an Agreement to another organization, but this will not affect your rights or our obligations under these Terms.

(b)   This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

(c)   Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.

(d)    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

(e)   If you are a consumer, please note that these Terms are governed by the law of England and Wales. This means an Agreement for a purchase of through our site and any dispute or claim arising out of or in connection with it will be governed in accordance with the law of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

(f)   If you are a business, an Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

(g)   If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Agreement or its subject matter or formation (including non-contractual disputes or claims).

(h)   All Hotels and BnB bookings made by ATS are of Mid-Range qualities and standards. If guests have complaints with standards and quality, ATS will not be held responsible, and guests will have to take up issues with hotel and BnB management directly.

11. RESERVED RIGHTS

(a) Cancellation:

ATS reserves the right to cancel any bookings. We also reserve the right to withhold payment if the reason for cancellation has in anyway affected us financially.

Reasons for cancellation may include, but without limitation:

Violent, racist or verbal abuse towards any person and staff;

Failure to comply with the laws of Wales and England;

Refusal or failure to complete the Acknowledgement of Risk and Conditions of Participation form;

Refusal or failure to provide suitable evidence of ability to partake in any Adventure;

Refusal to supply medical evidence or suitability to partake in an Adventure;

Lack of numbers on the tour date;

Tour date requested unavailable;

Severe or adverse weather;

12.   CHANGES TO OUR TERMS:

We reserve the right to make alterations or changes to these Terms at any time ensuring that the Customers of existing bookings will receive the latest copy of the Terms prior to participating on our tours. Should the revised Terms be unacceptable to a Customer who has pre-booked, the booking may be cancelled without penalty or administration charge.

13.   EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition (b).

(b)   An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, engineering upgrades, partial closures, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, road diversions and closures or other means of public or private transport.

(c)   If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

   (i)   we will contact you as soon as reasonably possible to notify you; and

   (ii)   our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

(d) If one of our ATS Vehicles breaks down. ATS will seek to have a replacement minibus for us to carry onwards on our journey as soon as possible. If this results in loss of attendance to an activity start time, we will try to reschedule the activity in our tour, and if this is not possible we will offer a refund for the activity missed. In some cases a voucher may be offered for you to return on another date for you to carry out the activity missed.

14. Prices Quoted

Prices quoted for adults and children will be equal and current at the time of your Booking to that on each adventure activity website. The price agreed will not be subject to any change unless due to circumstances beyond our control, or unless you have not followed our terms and conditions.

15. GIFT VOUCHERS

Gift vouchers can be used as full or part payment towards a booking.

Gift vouchers cannot be exchanged for cash.

Gift vouchers are non-refundable.

If you do not spend the entire balance on the gift voucher no change will be given. The vouchers are available to use once.

Gift vouchers are valid for 12 months from the purchase date
Gift vouchers can be redeemed online or by calling our Booking Line on 07738 731215.

ATS treat gift vouchers as cash and therefore will not accept liability for lost or stolen vouchers.

16. LOST PROPERTY

ATS will not be held responsible for lost property

For lost property enquiries please contact the Booking Line on 07738 731215 or email info@adventuretoursnowdonia.co.uk. If your item is found, items will be held at ATS for a maximum period of 1 month. After this time, if the item remains unclaimed, the item will be donated to charity. ATS accepts no responsibility for returning items to you, or for any items of lost property that remain unclaimed within this timeframe. For items which may have to be forwarded by post or courier, a fee to ATS will have to be paid prior to sending

17. YOUR BEHAVIOUR

Unnecessary noise or any behavior likely to cause annoyance to other Hotel or BnB guests, and at any other venue we visit,  is not permitted in any way.

Any Hotel or BnB which you  will stay, result in you being removed from their premises due to bad behavior or other actions, will result in no refund, and you having to seek accommodation for that duration at your own cost.

Any venue we visit as part of our tour which results in you being removed from their premises due to bad behavior or other actions, will result in no refund.

Smoking (including of e-cigarettes) is strictly prohibited inside some hotels & BnB’s and venues we visit. Please follow and obey requests.

All facilities located at all venues must only be used in accordance with the relevant operator’s instructions.

18. DISABILITIES & ACCESSIBILITY

We welcome all persons. Some of our tours and activities are more suitable than others for persons with disabilities or learning difficulties. We expect that responsible adults are aware of the tour schedule, and that they are certain that persons under their supervision with disabilities and learning difficulties are capable of tour activities and without causing disruption. Please contact us for additional details, we are happy to help. Unfortunately we are currently unable to offer special or modified Adventures to accommodate disabled Customers requiring a wheelchair or other such mobility assistance and / or special access.

19. SIGHTSEEING TOURS

When purchasing a ticket for any of our sightseeing tours, you are fully aware that the tour price listed is for our tour and our services. Additional entrance fees are listed to the sightseeing attractions we visit, and thereafter becomes your choice if you wish to enter these attractions on the day, or simply wonder around the location at your free will.

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