Participation terms

 

PARTICIPATION AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS CAREFUL BEFORE REGISTERING FOR AN EXPEDITION

We believe being in the mountains is the best thing in the world. However, by default, going into mountainous regions is hazardous and carries risks. Partaking in an adventurous activity in the mountains increases these risks. Risks include but are not limited to the danger of personal injury or death. Anyone considering taking part in a trip needs to consider these risks very seriously and must take responsibility for their own actions and involvement and/or for those under their care.

Booking Conditions

Bookings

  1. Definitions:
    • A "trip" is defined as any expedition bookable via Mountain Man Guide
    • An "extension" is any short activity which is priced separately and is bought as an optional add-on to a "trip".
    • An "extension" may only be bought by you if a booking for a "trip", to which it can be attached, exists in your name.
  2. All bookings are made with Mountain Man Guide (“MMG”), an unincorporated entity operating under English law.
  3. To book a trip, complete the online booking form and submit it to MMG with your deposit or full payment, as applicable.
  4. Deposits are non-refundable. You are advised to take out travel insurance when you book.
  5. The contract between you and MMG will come into existence once we have issued you with a communication confirming your booking, and including any relevant information where. The contract will continue until the trip, along with any booked extension, has ended but such expiry shall not affect accrued rights and liabilities of the parties nor any continuing obligations.
  6. Once your booking has been confirmed, you must submit promptly, via email, a previous experience questionnaire and a medical declaration. After reviewing these, MMG may advise you to transfer to another trip, or cancel your booking. If you are so advised, you must transfer or cancel, as advised, but may do so without penalty as long as the date your completed forms are received is within one month of the date you booked and no later than the date on which your final balance for the trip is due, or at least 30 days before the start of the trip if full payment has been made, as shown on the communication you received when your booking was confirmed. If MMG receives your forms outside of these time limits, no matter when you booked, the normal cancellation and transfer conditions will apply and you will be liable for the appropriate charges.

Medical and Welfare

  1. The aim of medical screening is to enable participation and to ensure, as far as is reasonable, that all risks have been evaluated and understood. If you have any medical problem or disability, you are required to inform MMG before you complete your booking form so that you can be advised of the suitability of the trip, health and safety considerations and what, if any, reasonable adjustments are required to be made. In any event, you must notify MMG via the medical declaration of any medical problems or disabilities. If any medical problems or disabilities are suffered or arise between the medical declaration being submitted and the Departure Date you must notify MMG immediately. MMG reserves the right to decline or cancel a booking without having to pay any compensation if:
    1. any medical problem or disability is disclosed on the medical declaration form;
    2. any medical problem or disability is disclosed after the medical declaration form is submitted but before the Departure Date; or
    3. any medical problem or disability is not disclosed; provided that in MMG's belief such medical problem or disability is likely to endanger your health and safety and/ or the health and safety of anyone else participating in the trip.
  2. MMG may require you to obtain confirmation from a medical professional that you are fit to travel and participate in the trip. You acknowledge and agree that concerning your medical welfare MMG has a duty to you and to the other        participants and, as such, if MMG reasonably believes that you are not sufficiently fit to take part in the trip, MMG may decline or cancel the booking at any time at their complete discretion.
  3. Where you have come into contact with any infectious disease you must notify MMG immediately. Where the Departure Date falls within the accepted quarantine period for transmission of the disease, MMG reserves the right to cancel the booking as set out above; this shall be deemed to be cancellation arising from an event of Force Majeure pursuant to these terms and conditions and no compensation shall be payable to you.

Travel

  1. MMG cannot and does not accept any responsibility for any of the travel arrangements that you make in order to join the trip. MMG accepts no financial liability that may arise from any enforced change to your travel plans due to any alteration of the trip dates, the itinerary or its cancellation, howsoever caused. You are advised to book transferable, refundable travel tickets with no penalties should a cancellation be necessary.

Payments

  1. You may pay your deposit and balance via Eventbrite.
  2. A charge will be added by Eventbrite to the total amount due to MMG (this applies to all payments including deposits, interim payments, balances and miscellaneous purchases.) This amount is to cover the charges imposed by the Eventbrite and is used, in part, to provide consumer protection for goods and services purchased
  3. Bookings made after the final balance due date for the trip may be accepted, at MMG’s discretion, as long as the appropriate deposit is paid and you make full payment, as per the invoice issued, within 3 working days of your booking having been confirmed.
  4. If any interim payment due or the final balance is not received by the date specified on the invoice associated with the trip, MMG may cancel your booking and you will forfeit your deposit.

Transfers and Cancellations

Cancellation by you

  1. Notice of cancellation by you must be given in writing (email is acceptable). Should you cancel, the following scale of charges will apply:
    1. Total trip cost of under £250:
      1. 60 days or more before the Departure Date – loss of 50% of the total trip cost, including any extension.
      2. Less than 60 days before the Departure Date – loss of 100% of total trip cost, including any extension.
    2. Total trip cost of £250 or greater:
      1. 60 days or more before the Departure Date – loss of deposit.
      2. 30 days or more but less than 60 days before the Departure Date – loss of 50% of total trip cost, including any extension.
      3. Less than 30 days before the Departure Date – loss of 100% of total trip cost, including any extension.
  2. Similar cancellation terms are adopted throughout the travel industry and cover the costs of advance payments made by MMG, and the effect of your booking having prevented others from taking your place. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the policy.

Cancellation by Us

  1. A Trip may be cancelled as a result of an event of Force Majeure, which are unforeseeable events beyond MMG’s control including but not limited to war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transport, adverse weather conditions (whether actual or threatened) avalanche, storm, flood, typhoon, hurricane and technical failure with any form of transport or facility.
  2. Group sizes, where stated, are target sizes and may be increased or decreased at MMG’s discretion. MMG gives no undertaking as to the minimum or maximum group size, but do undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principle objectives of the trip can be achieved. Similarly, Leaders, Guides, Instructors and support staff named in tour descriptions or elsewhere may be changed at any time.
  3. MMG reserves the right to cancel any expedition, course or extension which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, MMG will endeavour to ensure that a trip runs if at all possible. If your booking is likely to be cancelled under such circumstances, MMG undertakes to inform you as soon as possible; this may occur after the balance due date but will not occur less than 14 days before the Departure Date.
  4. Anyone booked onto a trip which is cancelled by MMG will be entitled to a full refund or entitled to transfer to another trip. Should you transfer to another trip any difference in price will be invoiced or credited accordingly.

 Leadership and Programme Delivery

  1. Trip descriptions, where published, are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. During a trip, every effort will be made to adhere to the planned itinerary but with adventurous activities of this type, in particular those undertaken in mountainous areas, changes to the itinerary may occur. As such, circumstances may arise where MMG is forced to alter dates, trip duration, schedules, routes, mountains to be climbed or locations visited, either during or before a trip has commenced, possibly at short notice. Whilst MMG will try to inform you of any such changes as soon as it knows of them, MMG accepts no liability for, or the consequences of, any such changes.
  2. In assessing the conditions expected to be encountered in the mountains or the abilities of the team members, any of our Staff, Guides or Instructors with a responsibility for your wellbeing may decide to change any aspect of the trip if he or she believes that to continue with the itinerary or activities, or any latterly agreed alternatives, would place anyone at undue risk. Alternatively, he or she may make changes for the simple belief that such changes may be more enjoyable or better suited or beneficial for most of those taking part. Any of our Staff, Guides or Instructors with a responsibility for your wellbeing will review and may alter the programme as the trip progresses in response to the changing influence of variable factors.
  3. Any of our Staff, Guides or Instructors with a responsibility for your wellbeing will do their utmost to ensure that any problems are solved for the benefit of the majority of those taking part. When booking, you accept the authority of any of our Staff, Guides or Instructors to make decisions affecting the group or individuals. For instance, of our Staff, Guides or Instructors may require an individual or individuals to leave the trip if they believe that a person, or a person's health, is at risk, if an illegal act has been or may be committed, or behaviour may become, or has been, detrimental to the safety, enjoyment or well-being of the group or of any individual within the group.
  4. A client leaving a trip at any stage, for whatever reason, will not be entitled to any refund or to compensation.

Liability

  1. Trips may involve going to high-altitude and may carry an inherent risk of altitude illness. Some trips may visit remote locations or poorly developed regions where infrastructure is limited. In such places, the risks to health are increased and the ability to treat injury or illness effectively is reduced. Additionally, anything that involves being among glaciated, snow-covered, rocky, steep, mountainous terrain are hazardous activities with a risk of serious injury or loss of life. By booking you are accepting these conditions and you acknowledge these hazards and your acceptance of the associated risks.
  2. MMG will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the trip and where the failure is unforeseeable or unavoidable; an event listed under the section titled Cancelation by Us, or any other unusual and unforeseeable circumstances beyond MMG's control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which MMG or its suppliers, even with all due care, could not foresee or forestall. MMG shall not be liable for any illness, injury or loss of life sustained on any trip, except where such illness, injury or loss of life is caused by the negligence of MMG or its employees, nor will MMG be liable for any uninsured loss of personal property.
  3. Subject to the preceeding two clauses, MMG's liability in tort (including negligence), breach of contract or otherwise, shall be limited to three times the price payable for an individual's participation.
  4. For all trips, you are advised to have insurance that covers you for all of the activities, specifically those deemed to be hazardous, included in the itinerary and for any activities you may undertake if travelling on an extension whether arranged by MMG or independently.
  5. For all trips outside the United Kingdom, you must have adequate insurance cover for search, helicopter rescue and repatriation in the event of a medical emergency. Your travel insurance provider must agree beforehand to meet the costs of any search, rescue or recovery, for medical reasons, of you to the nearest appropriate medical facility even if prior authorisation from the insurer may not be possible due to the remoteness of the recovery area or because medical expediency demands your recovery before such authorisation could be received.
  6. In case of a suspected or confirmed emergency involving you or the group of which you are a member, MMG reserves the right to arrange (or to make arrangements for its or your insurers to arrange) search, rescue and recovery as it deems appropriate and reasonable. You agree to indemnify MMG and keep MMG indemnified from all losses, apportioned appropriately to you, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including legal costs of making a recovery against you.

Equipment

  1. You will be provided with a list of all equipment required to bring on to the trip. You may hire some items of equipment from MMG or its suppliers. The majority you must provide yourself. It is your responsibility to ensure that all equipment is fit for purpose prior to the Departure Date and for the duration of the trip. You are responsible for your equipment and belongings during the trip and bear the sole responsibility for wear and tear and incidental damage to your equipment. MMG recommend that you take out adequate insurance to cover your own equipment, and any items hired from MMG or its suppliers as you will be liable for its replacement should it be damaged or lost.
  2. In the event that you elect to hire any equipment from MMG or its suppliers, you will be required to pay a deposit to MMG in addition to the applicable hire charges.
  3. You will be responsible for any hired equipment throughout the trip and in the event that it is not returned to MMG at the end of the trip in good condition (excluding normal wear and tear) the deposit, if paid, shall be forfeited and you agree to indemnify MMG and keep MMG indemnified from all losses arising from damage to the equipment including legal costs of making a recovery against you.
  4. MMG and its suppliers may provide some equipment for a trip (such as ropes, avalanche-transceivers, tents and camping equipment) and are responsible for the maintenance of such equipment. Where you deliberately or recklessly cause damage to any such equipment, whether during the trip or during any pre-trip training, you shall indemnify MMG and keep MMG indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.

Complaints

  1. If you have a problem during the trip, please inform any of our Staff, Guides or Instructors immediately who will endeavour to put things right. If your complaint is not resolved during the trip, please follow this up by emailing us at info@mountainmanguide.com giving your trip name, the departure date and all other relevant information and, where possible, evidence. Any such complaint must be received not later than 28 days of the date of your return from the trip. Please keep your communication concise and to the point. This will assist in identifying quickly your concerns and speed up the response to you.
  2. If you fail to follow this simple procedure, MMG will have been deprived of the opportunity to investigate and rectify your complaint whilst you are in-trip and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and will be unable to recover compensation for this element subsequently.

General

  1. Agents and representatives, other than a Founder of MMG, are not entitled to promise refunds for whatever reason, and MMG will not be bound by any such promises.
  2. These booking conditions may only be waived or amended by a Founder of MMG. Such waivers or amendments will only be made in special circumstances, and must be made in writing to be effective.
  3. The terms and conditions of all agreements made with MMG shall be subject to and governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute.
  4. When making your booking it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them.
  5. MMG shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to MMG's suppliers, agents, sub-contractors, employees or volunteers whether based inside or outside the European Economic Area for the purposes of our providing you with the trip.
  6. By agreeing to these booking conditions, you consent to MMG’s staff taking photographs and/or video footage of you during the Trip and that these images may be used by MMG for publicity and training purposes including, but not limited to, in brochures, websites material and in the media.