Booking Terms and Conditions

 

1. Interpretation

1.1

In these Terms

Activity means an Adventure Activity and/or a Tailored Activity;

Adventure Activity means any of the eco adventure experiences provided by Hidden Adventures, including Canoe Safaris, Sea Kayaking, Mountain Days, Bushcraft, Survival and Heritage and Urban Adventure, single or  multi day duration as detailed on Hidden Adventures’s website;

Activity Confirmation means written confirmation of acceptance of a booking sent by Hidden Adventures to You, either by e-mail or by post, following receipt of a Booking Form from You;

Activity Programme means the programme provided by Hidden Adventures to You, in accordance with Clauses 4 and 5;

Booking Form means the form automatically sent to you when you pay and book via the automated payment service on Hidden Adventures’s website or, if requested, sent by e-mail to you;

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks in Scotland are generally open for business;

Cost means the fee charged by Hidden Adventures for an Activity (as set out on Hidden Adventures’s website) or a Tailored Activity

Force Majeure means an event beyond the reasonable control of Hidden Adventures including strikes, lock-outs or other industrial disputes (whether involving the workforce of Hidden Adventures or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors;

Quote means a quote provided by Hidden Adventures to you, in accordance with Clause 5;

Tailored Activity means any Activity that is tailored by Hidden Adventures to you, including for corporate, school or community groups;

Terms means the terms and conditions set out in this document;

1.2

 Hidden Adventures means Hidden Adventures, operating as a sole trader at The Old Bath House, Unit 1A, 21 Broadcroft Rd, Glasgow, G66 1HP, e-mail address info@HiddenAdventures.co.uk;

“You” means the persons named on Your Booking Form;

1.3  a reference to a party includes its successors or permitted assigns;
1.4 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.5 words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders; and
1.6 the words including, include and in particular shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.

 

2. General

2.1

Please ensure that You read these Terms carefully.  These Terms will become binding on You and Hidden Adventures when Hidden Adventures issues You an Activity Confirmation, at which point a contract will come into existence between You and Hidden Adventures.

2.2

No later than the date of the Activity, You shall complete, sign and deliver to Hidden Adventures the participation form set out on Hidden Adventures’s website. 

2.3

If You are under 18 years of age, Your parents, or legally appointed guardian, must also sign the participation form referred to in Clause 2.2, stating their relationship to You.

 

3. Changes to Terms

3.1

We may revise these Terms from time to time in the following circumstances:

3.1.1          changes in relevant laws and regulatory requirements; and/or

3.1.2          as Hidden Adventures diversifies its Activities.

3.2

If Hidden Adventures revises these Terms under Clause 3.1, Hidden Adventures will give You at least 1 (one) month’s written notice of any changes to these Terms before they take effect and You can choose to cancel Your booking in accordance with Clause 6.

 

4. Booking an Adventure Activity

4.1

 To book an Adventure Activity, You must complete and sign the Booking Form and send it to Hidden Adventures. The Booking Form must be received by Hidden Adventures no less than 20 (twenty) Business Days prior to the proposed date of the Adventure Activity, unless otherwise agreed in writing between the parties.  Acceptance of a booking is entirely at Hidden Adventures’s discretion.  No booking shall be deemed to have been accepted by Hidden Adventures unless Hidden Adventuress issues You an Activity Confirmation.   

4.2 You must pay Hidden Adventures a minimum deposit of 10% of the total Cost of the Activity.  The date for payment of the deposit and the method of paying shall be set out in the Activity Confirmation.
4.3 In order to create an Activity Programme, Hidden Adventures may require certain information from You.  Subject to You providing the information requested by Hidden Adventures, Hidden Adventures shall provide an Activity Programme to You 15 (fifteen) Business Days before the proposed date of the Activity.  Once an Activity Programme has been issued, the deposit shall be non-refundable. 
4.4 The Activity Programme shall confirm the key details of the Adventure Activity, any outstanding Costs, the date(s) by which payment of any outstanding Costs must be made and the method of payment of any outstanding Costs.  In each case, full and final payment of the outstanding Costs must be made at least 10 (ten) Business Days before the date of the Adventure Activity (as set out in the Activity Programme).  If full payment of the outstanding Costs is not made by this date, Hidden Adventures may treat the booking as cancelled and the deposit, together with any other payments made, shall be non-refundable.
4.5 You must notify Hidden Adventures if You believe there are any errors or omissions in the Activity Programme within 5 (five) Business Days of receipt of the Activity Programme, failing which You shall be responsible for paying any costs associated with rectifying any errors or omissions in the Activity Programme.

 

5. Booking a Tailored Activity

5.1

To book a Tailored Activity, You must complete and sign the Booking Form and send it to Hidden Adventures.  The Booking Form must be received by Hidden Adventures no less than 30 (Thirty) Business Days prior to the proposed date of the Tailored Activity, unless otherwise agreed in writing between the parties.  Acceptance of a booking is entirely at Hidden Adventures’s discretion.  No booking shall be deemed to have been accepted by Hidden Adventures unless Hidden Adventuress issues You a Quote.

5.2 In order to provide a Quote for the Tailored Activity, Hidden Adventures may require certain information from You.  Subject to You providing the information requested by Hidden Adventures, Hidden Adventures shall issue You a Quote for the Tailored Activity.  The Quote shall contain the key details and Cost of the Tailored Activity.  The Quote shall be open for acceptance by You for 10 (ten) Business Days.  Acceptance of a Quote must be in writing. 
5.3 You must pay Hidden Adventures a deposit of 10% of the total Cost of the Tailored Activity.  The date for payment of the deposit and the method of paying shall be set out in the Quote.
5.4 In order to create an Activity Programme, Hidden Adventures may require certain additional information from You.  Subject to You providing the additional information requested by Hidden Adventures, Hidden Adventures shall provide an Activity Programme to You 15 (fifteen) Business Days before the proposed date of the Tailored Activity.  The Activity Programme shall confirm the key details of the Tailored Activity, the outstanding Costs, the date(s) by which payment of the outstanding Costs must be made and the method of payment of the outstanding Costs.  In each case, full and final payment of the outstanding Costs must be made at least 10 (ten) Business Days before the date of the Tailored Activity (as set out in the Activity Programme).  If full payment of the outstanding Costs is not made by this date, Hidden Adventures may treat the booking as cancelled and the deposit, together with any other payments made, shall be non-refundable.
5.5 You must notify Hidden Adventures if You believe there are any errors or omissions in the Activity Programme within 5 (five) Business Days of receipt of the Activity Programme, failing which You shall be responsible for paying any costs associated with rectifying any errors or omissions in the Activity Programme.

 

6. Cancellation

6.1

You may cancel a booking at any time before the proposed date of the Activity by contacting Hidden Adventures.  Hidden Adventures will confirm Your cancellation in writing to You.
6.2  If You cancel a booking under Clause 6.1 and Hidden Adventures has already carried out work or incurred expense in relation to Your booking, You will pay Hidden Adventures any costs that Hidden Adventures reasonably incurred in carrying out this work.  This charge shall be deducted from any refund that is due to You or, if no refund is due to You, invoiced to You.  
6.3 Hidden Adventures shall be entitled to cancel Your booking at any time.  In the event of cancellation under this Clause 6.3, Hidden Adventures shall notify You as soon as reasonably possible and You shall be entitled to a full refund of any deposit and/or Cost(s) paid in relation to the booking.

 

7.Alterations

7.1

Hidden Adventures shall be entitled to alter Your booking up to 10 (ten) Business Days before the proposed date of the Activity, by providing written notice to You.

7.2

Hidden Adventures shall be entitled to alter Your booking:

7.2.1   where (in Hidden Adventures’s opinion) such alteration is necessary, having regard to the safety of You and/or Hidden Adventures’s staff and/or any third party; and/or

7.2.2   for reasons of Force Majeure,

in each case, Hidden Adventures shall notify You as soon as reasonably possible and You can choose to cancel Your booking in accordance with Clause 6.1.

7.3  Hidden Adventures shall not be liable or responsible for any cancellation of a booking or delay of the proposed date of an Activity that is caused by reasons of Force Majeure.
7.4 If, after being asked by Hidden Adventures, you do not provide the information referred to in Clauses 4.3 and 5.3, or if You provide Hidden Adventures with incomplete or incorrect information, Hidden Adventures may make an additional charge of a reasonable sum to cover any extra work that is required, or Hidden Adventures may delay the proposed date of the Activity by giving You written notice.  Hidden Adventures shall not be liable for any cancellation of a booking or delay of the proposed date of an Activity where You have not provided this information to Hidden Adventures after Hidden Adventures has requested it.
7.5  You shall be entitled to alter Your booking up to 10 (ten) Business Days before the proposed date of the Activity, by providing written notice to Hidden Adventures.  You shall not be entitled to alter Your booking after this time, other than with the written agreement of Hidden Adventures in which case You shall be responsible for any associated costs incurred by Hidden Adventures in altering Your booking.
7.6

Where You have a serious reason which prevents You from participating in an Activity (for example, Your own personal illness or injury, the personal injury, illness or death of a close relative, jury service, redundancy or an unavoidable work commitment), Hidden Adventures may decide (in its sole discretion) to allow you to transfer your booking to another person provided:

7.6.1  You provide written notice to Hidden Adventures at least to 10 (ten) Business Days before the proposed date of the Activity, such notice must be signed by You and contain:

(a) details of the person wishing to take over Your booking;

(b) documentary evidence of the serious reason which prevents You from participating in the Activity; and

(c) any documentation already issued by Hidden Adventures to You.

7.6.2  the person wishing to take over Your booking agrees in writing to be bound by these Terms; and

7.6.3 You, or the person taking over your booking, pays any outstanding Costs before the personnel change is made (together with any administration charges levied by Hidden Adventures which shall be invoiced to You).

7.7 Hidden Adventures reserves the right to refuse to approve any such change of personnel where it is deemed (in Hidden Adventures’s sole opinion) prejudicial to the safe and efficient conduct of the Activity and/or where the person wishing to take over Your booking is not (in Hidden Adventures’s sole opinion) a fit and proper person for participation in the Activity.  In the event of any such refusal, or if we are unable to implement the requested change for reasons beyond our control, You shall be deemed to have cancelled Your booking and You shall pay to Hidden Adventures any costs calculated in accordance with Clause 6.2.

 

8. Safety

8.1

You acknowledge that Activities can require a degree of agility, strength, stamina and fitness.  Hidden Adventures is not responsible for ensuring Your ability to participate in an Activity.  You acknowledge that You undertake an Activity at Your own risk and volition.

8.2 Any child or young person between the age of 6 (six) and 17 (seventeen) must be supervised or/and accompanied as appropriate by a legally appointed guardian or parent when participating in an Activity in a remote or mountainous setting (for example a loch Lomond canoe safari or a remote trek to a Munroe).
8.3 At least 10 (ten) Business Days prior to the proposed date of an Activity, You shall inform Hidden Adventures if You are pregnant or suffering from any medical condition, illness or disability (including medication which may affect Your performance) and Hidden Adventures may require You to obtain a suitable certificate from a doctor confirming that it is safe for You to take part in the Activity.
8.4 You will be given a safety briefing prior to the commencement of the Activity.  You must adhere to the instructions, guidance and decisions of Hidden Adventures during the Activity.
8.5

Hidden Adventures at its sole discretion reserves the right to disallow You from participating, or continuing to participate, in an Activity if:

8.5.1 You fail to disclose that You are pregnant or suffering from anymedical condition, illness or disability in accordance with Clause 8.2;

8.5.2 Your health is being adversely affected during the Activity;

8.5.3 You fail to follow any instructions, guidance and/or decisions of Hidden Adventures during the Activity;

8.5.4 Hidden Adventures deems You to be under the influence of alcohol or illicit drugs;

8.5.5 Hidden Adventures deems Your behaviour to be unsuitable, discourteous, irresponsible and/or to the detriment of any other participants in the Activity;

8.5.6 You (or if You are under 18 years of age, Your parents, or legally appointed guardian) fail to complete and sign the participation form referred to in Clause 2.3; and/or

8.5.7 You arrive late to the Activity.

8.6 No refund of any Cost and no compensation shall be payable to You in the event that You are not permitted to, or decide not to, participate or continue to participate in an Activity for the reasons set out in this Clause 8. 

 

9. liability

9.1

Nothing in these Terms shall limit or exclude Hidden Adventures’s liability for:

9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

9.1.2 fraud or fraudulent misrepresentation.

9.2 If Hidden Adventures fails to comply with these Terms, Hidden Adventures is responsible for loss or damage You suffer that is a foreseeable result of Hidden Adventures’s breach of the Terms or its negligence, but Hidden Adventures is not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if they were an obvious consequence of Hidden Adventures’s breach or if they were contemplated by You and Hidden Adventures at the time the parties entered into this contract.
9.3  Subject to Clauses 7.3, 7.4, 9.1 and 9.2, Hidden Adventures’s total liability to You, whether in contract delict (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed £2,500 (two thousand and five hundred pounds sterling).

 

10. Contact

10.1

 Hidden Adventures is a sole trader established in Scotland.  Hidden Adventures’s address is The Old Bath House, Unit 1A, 21 Broadcroft Rd, Glasgow, G66 1HP.

10.2 If You have any questions or if you have any complaints, please contact Hidden Adventures by telephone (0141 777 6211) or by e-mail (info@HiddenAdventures.co.uk).
10.3 If You wish to contact Hidden Adventures in writing, or if any Clause in these Terms requires You to give Hidden Adventures notice in writing, You can send this to Hidden Adventures by hand or by e-mail or pre-paid post to the addresses stated in this Clause 10.

 

11. General

11.1

Hidden Adventures may transfer its rights and obligations under these Terms to another organisation, Hidden Adventures will notify You in writing if this happens and this shall not affect Your rights or Hidden Adventures’s obligations under these Terms.

11.2 This contract is between You and Hidden Adventures. Subject to Clause 11.1, no other person shall have any rights to enforce any of its terms.
11.3 Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining clauses shall remain in full force and effect.
11.4 If Hidden Adventures fails to insist that You perform any of Your obligations under these Terms, or if Hidden Adventures does not enforce its rights against You, or if Hidden Adventures delays in doing so, that will not mean that Hidden Adventures has waived its rights against You and will not mean that You do not have to comply with those obligations.  If Hidden Adventures does waive a default by You, Hidden Adventures will only do so in writing and that will not mean that Hidden Adventures will automatically waive any later default by You.
11.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.