You are here: Terms and Conditions
Terms and Conditions
Eryri Mountaineering, known from here on as EM, accepts bookings subject to the following conditions:
(1) In this document wherever the context so admits the following expression shall have the following meanings respectively: -
'Deposit' shall mean 25% of the finalised agreed price for multi-day day courses and 50% of the finalised agreed price for single day courses.
'Head office' means 54 Braichmelyn, Bethesda, Gwynedd, LL57 3RD
' EM ' means Eryri Mountaineering.
'Client' is the person or persons listed on the booking form(s).
'Major change' means changing the dates, location booked or majority of course content over 80%
'Force Majeure' means any situation or event beyond the control of EM. This could be an Act of God, war, terrorist activity, civil strife, riot, industrial disaster, fire, adverse weather or road conditions, bureaucratic obstacles, changes in schedules or modes of transport by ferry companies, airlines and bus or train operators.
'Course Director' means the member of staff responsible for the delivery of the agreed activity and/or service.
(2) Where the expression "Clients" includes two or more persons, the obligations expressed or implied relate directly to the individual.
(3) Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument plan, regulation, permission or direction made or issued there-under or delivering validity there-from.
(4) Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalised to the Client, referring to the masculine, feminine and neuter genders.
(5) The clause and paragraph headings are for convenience only and shall not affect the construction of this document.
(6) The expressions used in the particulars shall have the same meanings when used hereafter in these booking conditions.
2.1 A contract for the activity and / or service is made between EM and the Client on the issue of written confirmation of booking by EM.
2.2 The Contract is subject to these booking conditions, which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between EM and the Client.
2.3 No verbal representations made by EM shall be relied upon by the Client.
3.1 To place a booking EM requires a completed Booking form with the deposit fee. Clients booking by telephone, e-mail or facsimile will have been deemed to read the booking conditions and to have signed the declaration on the 'booking form'. A booking is accepted and becomes binding only from the date when EM has confirmed acceptance in writing by means of a ' confirmation of booking letter '.
EM reserves the right to decline any booking at their discretion. Email and telephone bookings are treated as provisional and are only confirmed once the funds have cleared in to the EM bank account.
3.2 The balance of the fee is payable two weeks before commencement of the course, unless agreed otherwise on confirmation of booking. In the event that the balance is not paid EM will have the discretion to treat the booking as cancelled by the client and re-sell the course place.
3.3 The whole course fee is required to secure a place for any booking made within 2 weeks of the commencement of the course.
4.1 The price at time of booking covers the cost of the planning, organising and delivery of the proposed activity and / or service. Once deposit is cleared the agreed programme will be delivered, if the client wish to change the programme one the deposit has been paid additional reasonable costs may be levied by EM at their discretion.
4.2 It is the responsibility of the Client to arrange travel to the site / location for the proposed activity and or service, unless otherwise stated. The Client is also responsible for their own personal medical requirements and personal boots, equipment and clothing, unless otherwise stated. Such non safety equipment is only provided when the Client has expressed a requirement and provided EM with written details of their needs.
5. Cancellation and refunds
5.1 Should the Client wish to cancel, cancellation charges will be imposed. These are calculated from the date written notification is received by EM at their Head Office and shall be calculated as a percentage of the total price and shall be based on the number of days before arrival date that the written notification of cancellation is received:-
i/ Amount payable for 6 days and less notice of cancellation: The total course fee is due to EM.
ii/ Amount payable for 7 -14 days notice of cancellation: 50% of the full cost will be due to EM.
iii/ Participants who don't show up for adventure days or courses/activities forfeit the full cost.
6. Cancellation by EM.
6.1 We try never to cancel a confirmed booking, but reserve the right to do so. If we cancel a confirmed booking before your activity and or service, EM will offer the Client the choice of a full refund or another available date (with pro-rata refund/price increases as appropriate). In addition, unless the cancellation was caused by 'Force Majeure' and having regard to the length of notice Clients receive; we will pay the Client reasonable compensation where appropriate.
7. Alteration by EM.
7.1 We make every effort to ensure the accuracy of our literature. However changes can occur despite our best endeavours and we reserve the right to change any price or other particulars before the Client books (in which case we will tell you before your booking becomes binding).
7.2 If there is a 'Major Change' to a confirmed booking we will inform the Client as soon as is reasonably practical, and offer you the choice of accepting the change, receiving a full refund or transferring to another available date. If the Client chooses to cancel and the 'Major Change' was caused by anything other than 'Force Majeure' or low bookings we will pay you reasonable compensation, if appropriate, having regard to the nature of the change and length of notice you receive.
7.3 If there is any change other than a 'Major Change' we are not obliged to inform you in advance (but we will do so where practicable), nor are we obliged to pay you compensation. If we become unable to provide a major proportion of the services you have booked with EM, we will make every effort to arrange alternative arrangements for you at no extra charge and where appropriate, refund the Client pro-rata for services not received. If the client wishes to make major changes to agreed programme additional costs may be added at the companies discretion.
8. Course Content and Weather
The programs we publish in our literature and on our web site are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one programme could be or would be followed precisely as it is published. Several factors outside of our control will determine this and dictate what can be accomplished reasonably during your course. The most influential factors will be the weather, the conditions on the mountains and the physical fitness of course participants. Taking these factors into consideration, and the aims of the course as described in our literature, the Course Director will construct the best programme possible. The Course Director will review and may alter the programme as the course progresses in response to the changing influence of these factors.
Once the course is underway, the Course Director, guides, instructors, or leaders may change routes, mountain objectives or activities, at any time, if they believe that to continue as intended would place themselves or any course member at undue risk. This applies to all courses, including those that have a specific mountain or route as their primary objective
Circumstances may arise where we are forced to alter dates, duration, or accommodation before a course starts. We will try to inform you of any such changes as soon as we know of them.
Our Course Directors, guides, instructors, and leaders will do their utmost to ensure that any problems are solved for the benefit of the course participants as a whole. Signing the booking form signifies your acceptance of the Course Director's authority to make decisions affecting the group or individuals. For instance, the Course Director may require an individual, or individuals, to leave the course if they believe that a person or person's health is at risk, if a person is not coping, or may not cope, with the technical, physical or mental demands of the course, if an illegal act has been or may be committed, or conduct is, may become, or has been, detrimental to the safety, enjoyment or well-being of the group or of any individual within the group.
Most courses have days in the itinerary that are included to provide flexibility in case of bad weather, or some other untoward event, and thereby increase the chances of your principle objective being achieved and for your course to be successful. If these days are not needed in order to achieve the aims of the course and the group decides to return from the mountains early, any additional costs incurred by you and associated with extra hotel nights, or services that would not otherwise have been provided nor were given in the published itinerary, must be met by you at the time.
Acceptance of authority
8.1 Employees of EM and staff will use their best endeavours to resolve problems to the benefit of the Client as a whole. Returning the 'Booking Form' signifies the Clients acceptance of the staff's authority to make decisions affecting the Client group or individuals. The Client must refrain from any conduct, which may give offence or cause danger or damage to any person or property. If EM or any of its suppliers believe that the Client is in breach of this obligation, likely to breach it or is otherwise unfit to partake in the activity, EM, or its suppliers may, in their absolute discretion, refuse the booking, or have the Client removed from any property or facility. EM will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred.
8.2 The Course Director may require an individual or number of persons to leave the group, if they believe that the Client's health and safety are at risk, if an illegal act has been committed or the Client has behaved in a way as to endanger safety, enjoyment or the welfare of the group as a whole. In the event of this action, the Client involved shall not be entitled to any refund from EM and will be required to meet all expenses involved in their immediate extraction.
9. Personal Health
9.1 Except as disclosed in writing to EM, the Client confirms that they are in good mental and physical health and are unaware of any reason why they may be particularly unsuited to taking part in the activity and / or service agreed upon or may be likely to suffer illness or injury during the activity and / or service. With respect to the adventure programme it must be recognised as containing an element of risk that is beyond the control of EM.
Please see the participation statement from the British Mountaineering Council: 'The BMC recognises that climbing and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement. All participants must be aware of this and accept the risks associated with these activities. Personal Accident and Cancellation Insurance is highly recommended.'
9.2 Failure to disclose any information that is required in the ‘Booking Form’ may result in EM terminating the contract and withdrawing the Client from the activity and or service on the grounds of incorrect information. The Client will not be entitled to any refund of payments made under this termination contract.
10. General points
10.1 The Contract is personal to the Client and is not capable of transfer or assignment without prior written consent of EM.
10.2 While it is the intention of EM to perform the obligations under this contract directly, EM may choose to sub-contract elements of its obligations under this contract, provided that any sub-contracting for UK based delivery of courses shall meet AALA guidelines where required and standards and the assessment of the sub-contractor as a reputable and safe service provider.
11.1 If there is a problem during the activity and or service period you must report it to in the first instance the instructor/ guide in charge of you activity. If it is still unresolved you must then report it to a director of EM immediately, so that prompt and effective efforts can be made to resolve the problem.
In the unlikely event that the problem cannot be resolved at this time and you wish to raise a complaint, full written details must be sent to EM within 28 days of the activity and or service finishing. Please include your booking reference number / party details and exact full details of your complaint on your letter, please include your daytime and evening contact telephone numbers. Failure to take these steps will prejudice our ability to resolve your problem and/or investigate it fully, therefore any right to compensation you may otherwise have had will be lost or substantially reduced.
12. Conditions of service
12.1 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. Only the course director, or their appointed deputy, is empowered to vary or waive any of the Conditions of Booking. Such decisions are totally at the discretion of the course director or the appointed deputy.
12.2 All activity itineraries courses and days out are subject to tidal conditions, swell size, weather conditions and our instructors choice of location which is dependent on the prevailing weather and individuals or groups ability and experience.
13. Law and Jurisdiction
This agreement shall be construed in accordance with the laws of England and Wales the Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.