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Booking Terms & Conditions

1. Information About Us and Booking Our Services

1.1  You can find everything you need to know about Misty’s Guided Walks on our website or by contacting us directly. We also confirm the key information

        to you in writing before the providing our services to you and will contact you to confirm that we have accepted your booking.

1.2.  We reserve the right to reject bookings because, for example, we cannot verify your age or identity, you have disclosed a medical order or symptoms
        which would mean that we cannot proceed with your booking, or we cannot provide services on the date requested.

2. Our Charges

2.1. You are required to pay a 50% deposit when you submit your booking. The balance of the booking fee is due 30 calendar days prior to the provision

       of our services to you (i.e. the first guided walk) and if it has not been received by us we will treat the booking as cancelled by you. If you make a

       booking within 30 days of the provision of our services, you will be required to pay the full booking fee at the time of booking. 

2.2 We reserve the right to charge you additional sums if you don't give us information we've asked for within a reasonable time after we have requested

      such information.  

3. Interest on Late Payments

If we're unable to collect any payment you owe us, (for example if we lead a walk for another business/sole trader), we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

4. Delays Outside Our Control

If our services are delayed or prevented by an event outside our control, we will contact you as soon as possible to let you know and do what we can to arrange another booking. We won't routinely compensate you for the delay or prevention of our services.

5. Your Obligations

5.1. You and your other group members must:

       5.1.1. wear and/or carry appropriate clothing considering the weather and seasonal conditions and bring appropriate food and drink (and any other

                  essentials such as safety kit and sun cream);

       5.1.2. arrive on time for the guided walk;

       5.1.3 observe and follow the health and safety instructions provided by us and/or the government or other authority (for the avoidance of doubt, we

                 reserve the right to impose further reasonable obligations, for example, where required to do so by a government authority);

       5.1.4. observe and follow the Countryside Code;

       5.1.5. disclose to us any medical conditions, recent illnesses, allergies, surgery or any other relevant conditions or information which we should be

                  aware of  (such as symptoms of COVID-19);

       5.1.6. inform us prior to a guided walk whether you or any group members do not consent to us taking photographs of you/your group and using

                  them on our website, social media platforms and other advertisements; and

       5.1.7. ensure you have suitable insurance which covers you (and other members of your group) for adventurous activities.

5.2. The behaviour of your dogs shall be your responsibility at all times and you must:

        5.2.1. keep dogs under close control and on leads;

        5.2.2. ensure you bring appropriate provisions to care for your dogs, including water and poop bags; 

        5.1.3. ensure you have suitable insurance cover for your dogs, including public liability insurance; and

        5.1.4. remain respectful to other walkers, landowners and the general public.

Sheep worrying (where the dog chases or kills livestock) is a criminal offence and the person responsible for the dog (i.e. the dog owner) shall be guilty of the offence. 

6.  Your Legal Right to Change Your Mind

You have a legal right to change your mind when you make a booking and receive a refund of what you paid for it. This is subject to some conditions, as set out in this clause 6.

6.1. You have the legal right to change your mind within 14 days of making a booking. 

6.2. You can't change your mind about a booking once our services have been completed, including where you have attended one of our guided walks or

       where you have indicated that you will be attending but do not attend on the day of the guided walk, i.e. a no-show. 

6.3. If you change your mind about a booking you must let us know no later than 14 days after the day we confirm we have accepted your booking. To let us

       know you want to change your mind, you must contact us using the contact details on our website. 

6.4. If you made a booking and received our services (such as where you have already attended our guided walks) we don't refund you for the time you were

       receiving it before you told us you'd changed your mind.

6.5. If you want to cancel a booking after 14 days following our acceptance of your booking we will offer a 70% refund of the total booking price if you inform

       us within 14 days prior to the provision of our services. However, this excludes any cancellations made by you on the day of the guided walk (see clause

       6.2). We recommend that you obtain suitable insurance to cover this possibility. 

6.6. We will refund you as soon as possible and within 14 days of you telling us you've changed your mind. 

6.7. In the event of cancellation, by you or by us and for any reason whatsoever, under no circumstances are we liable for any additional costs (e.g. transport,

       accommodation) which you may have incurred. We strongly recommend that you take out appropriate insurance to cover this eventuality.

7. Ending an On-Going Contract

We will tell you when and how you can end an on-going contract with us during the booking process. 

8. Changing These Terms

We reserve the right to make minor adjustments to your booking, such as the walking route or length of walk. We can also vary a walking itinerary for safety reasons and accounting for weather and seasonal conditions. If we must make more significant changes to your booking, we will contact you in advance to explain the changes and seek your agreement with the changes. 

9. Withdrawing Services

9.1. We can stop providing our services to you at our discretion. We will endeavour to let you know in advance and we will refund any sums you've paid in

       advance for services which won't be provided. 

10. Ending Our Contract With You

We can end our contract with you and claim any compensation due to us if:

10.1 you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due; 

 

10.2 you don't, within a reasonable time of us asking for it, provide us with information or co-operation we need to provide our services; and

 

10.3 you do not adhere to your obligations as detailed in clause 5 or display any other behaviours which we deem to be inappropriate or dangerous.

11. Liability​

11.1. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

         11.1.1. Unexpected, i.e. it was not obvious that it would happen and nothing you said to us before we accepted your booking meant we should have

                      expected it (so, in the law, the loss was unforeseeable).

         11.1.2. Caused by a delaying event outside our control, such as a force majeure event.

         

         11.1.3. Avoidable, i.e. something you could have avoided by taking reasonable action. 

         11.1.4. A business loss, including but not limited to loss of profit, loss of business opportunity or business interruption. 

         11.1.5.  Any additional costs (e.g. transport, accommodation) which you may have incurred. 

 

11.2.  We shall not be liable for the behaviour of any dogs and any injuries suffered by any dogs in attendance. We have not obtained any insurance cover

          for your dogs and you must ensure you have your own insurance in place, including public liability insurance. 

12. Data Protection

How we use any personal data you give us is set out in our Privacy Policy

13. Intellectual Property

All intellectual property rights in or arising out of or in connection with our services, including any photographs that we take, shall be always owned by us. 

14. Governing Law

These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

 

15. Other Important Terms 

15.1. You can only transfer your contract with us to someone else if we agree to this. 

15.2. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

15.3. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

15.4. If you do not pay or do something contrary to this agreement, we may contact you about it after the event. 

15.5. If booking on behalf of a group, each participant must sign and return the terms and conditions and inform us of any medical

          conditions/injuries/anything which may affect their ability to complete the activity.

16. Acknowledgement of Risk Statement

16.1. By participating in our event(s) you agree to abide by the terms and conditions above and acknowledge that hill walking and mountaineering are activities with a danger of personal injury or even death.

16.2. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.

16.3  Adventurous activities have a danger of personal injury or death. You should be aware of and accept these risks and be responsible for your own actions and involvement.

16.4  You confirm that you will have appropriate insurance to protect you from the costs of medical treatment and rescue or recovery in the event of an accident or any other event.

16.5  Your insurance will be valid for all the activities you will undertake and for the location(s) in which they occur.

You understand that it is your own responsibility to declare any underlying medical problems to your insurers and that failure to do so may render your cover invalid.

16.6  You accept that all this is necessary to ensure your safety and the safety of the rest of the group.

16.7  In the event of logistical (transportation, accommodation. etc.) difficulties you agree that you are responsible for the costs of organising alternatives.

Also please note that if the weather conditions are too severe then for safety reasons our plans may need to be changed at short notice and in rare circumstances the activity may be postponed or cancelled.

17. Medical declaration

17.1 As a condition of your booking you declare that you are physically and mentally fit for the activity you have chosen.

17.2 You understand that during the activity, it will not be possible to deliver the same standard of medical treatment that you may receive in a hospital and that in the event of illness or injury it may take some time to be rescued.

17.3 You understand that, if you have any underlying medical problems, it is in your interests to disclose these to the organiser in confidence well before commencing the activity.

17.4 You understand that you need to take responsibility for you own medical welfare by carrying adequate supplies of your own medication while on the activity and a basic medical pack so that you can treat yourself for any minor problems which may occur.

We will ask you to sign your agreement to these terms and conditions prior to completing any bookings. If you can not agree to all the points above, or if you do not understand any of the above information, please discuss this with us.

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