Terms & Conditions for Clwydian Walking Holidays
1. Clwydian Walking Holidays is the trading name of Clwydian Walking Holidays Ltd hereafter named “The Company”.
2. An acceptance of your booking will be subject to the following Conditions:
(a) The booking form must be completed either online or in paper form and signed by the person who is responsible for the booking, hereafter named “The Client”. The person signing the booking form on behalf of a group is deemed by the Company to have the authority of all persons named on the booking form (“the Customers”).
(b) A deposit of £100.00 per person must be paid at the time of the booking.
(c) Payment of the balance must be received no later than four weeks prior to the commencement of the holiday. (If the holiday is booked less than four weeks prior to the commencement date, then full payment for the holiday will be required). Failure to pay in accordance with this paragraph may be considered by the Company as a cancellation by the Customer in which case the deposit and any money paid will be forfeited.
(d) When the Customer makes a booking, the Customer enters into a Contract with the Company and the Customer guarantees that the Customer has the authority to accept and do accept on behalf of the Customers these Terms & Conditions.
(e) Payment must be made in sterling.
(f) Payments by Credit Card will be accepted.
3. Due to the nature of the holidays the Company cannot accept bookings from or on behalf of any person under the age of 18 years.
4. The Company will collect any Customer from any point of disembarkation within 80 miles of Denbigh.
5. All special needs and requests should be entered on the booking form to enable the Company to make the holidays accessible to as many people as possible. The Company recognises that the term disability covers a wide range of impairments many of which have no impact on mobility or the ability to participate in the Company’s holidays. The nature of the Company’s holidays does mean however that some will not be accessible to certain disabled people. The Company will always discuss any disability related needs with the Customer and will use its best endeavours to make all reasonable adjustments to accommodate them. If the Company feels it cannot meet the Customer’s needs, the Company reserves the right to decline the booking. In addition, if after booking a holiday a disability related additional need becomes evident that the Company cannot properly accommodate, the Company reserve the right to cancel the reservation. If the additional need referred to becomes evident within 28 days before the holiday is due to commence the Company will not be required to reimburse any monies paid to the Company in respect of the booking.
6. If any Customer requires a special diet, the Company must be advised at the time of booking in writing with details of the diet.
7. Provided The Company receives either written or electronic notice of cancellation from the Client no later than 28 days before the holiday is due to start, the Client will receive a full refund of the deposit.
8. All monies paid by The Client will be held in a separate client account until the Client has completed their holiday. The Client Account will be administered by the Company Accountant (“the Accountant”). If the Client considers that the Company has been in breach of its obligations under these terms and conditions or under statute and wishes payment for the holiday to be withheld from the Company in whole or in part the Client must make written representations to the Company detailing all of the Client’s reasons for the Client’s views within seven days of the end of the holiday. If the Client fails to make such written representations within the said seven day period the Client shall be deemed to be satisfied that the Company is not in breach of any of its contractual or statutory obligations and the Accountant shall be authorised to release the monies held for that Client to the Company. If the Client does make such written representations to the Company within the said time period, the Company must immediately notify the Accountant of such receipt and must within seven days of receipt of the said representations forward them to the Accountant with its own responses to the representations. The Accountant will then act as Arbitrator to determine any dispute.
9. The Customer will be responsible to provide their own holiday insurance. The Company advises that the Customers take out holiday insurance immediately on booking the holiday. Insurance should cover all usual risks including (but without prejudice to the generality of the foregoing) full medical expenses, cancellation by the Customer as a result of illness or injury, personal baggage, personal accident, accidental loss or damage to property, third party liability, legal expenses and emergency.
10. It is the Customer’s responsibility to ensure that he/she has the necessary passports, visa and travelling documents.
11. It is the Customer’s responsibility to arrange flights to and from the United Kingdom.
12. The Company confirms that it has travel insurance enabling it to carry Customers in the company transport.
13. Customers are accepted on condition that they are physically and mentally fit, and able to cope reasonably with the demands of the holiday without assistance from the tour leader or other party member. The Company reserves the right to refuse any booking for a walking holiday if the Company is not satisfied that the Customer’s fitness and experience are appropriate to the holiday selected.
14. The Company does not provide or supply any clothes or footwear or apparel or walking or hiking aids. The Customer must be properly attired and prepared for any excursion. In the event that the Company in its discretion decides that any Customer is not adequately prepared the Company may decline to take the Customer on that excursion and the Customer will not be entitled to a refund or compensation.
15. In the unlikely event of dissatisfaction with the accommodation or any of the services provided by the Company, the Customer should complain to the Company representative who will endeavour to settle any problems at the time they occur. If this proves unsatisfactory a complaint form will be provided to the Customer who can then submit their complaint to the Company’s Complaints Department who will then liaise directly with the Customer.
16. If the Customer causes damage to the accommodation in which the Customer is staying, the Customer must fully reimburse the accommodation provider for the cost of the damage before the end of the Customer’s stay if the cost has been established by then or as soon as it has been established if later. The Customer must indemnify the Company for the full amount of any claim (including legal costs) made against the Company by the accommodation supplier or any third party as a result.
17. Any extra cost incurred by the Customer at the accommodation provided over and above that paid by the Company for the booking will be paid to the accommodation provider directly by the Customer before the Customer departs.
18. Any excursions outside the terms of the agreed holiday contract will be paid by the Customer as an extra cost.
19. The Company reserves the right to alter accommodation chosen or booked by the Customer at any time provided that the alternative accommodation is materially of a similar standard to the accommodation originally chosen or in a suitable location. No refund or compensation will be payable.
20. The Customer accepts any images of the Customer or the Customer’s family or party taken whilst on any of the Company’s holidays may be used by the Company for marketing in any format current or yet to be invented and the copyright in such images belongs absolutely to the Company.
21. The Company will endeavour to submit before the beginning of the Customer’s holiday a walking programme for the Client’s approval. The Company representatives will endeavour to follow this programme, however, if circumstances alter the Company in its absolute discretion reserves the right to change or cancel the itinerary without refund or compensation.
22. When the Client books a holiday with our Company, the Client accepts responsibility for the proper conduct of all members of the Client’s party during the holiday. The Company reserves the right at any time to terminate the stay of any party member(s) whose behaviour is such as to cause or is likely to cause danger, upset or distress to anyone else or damage to property. In such an event, no refund or compensation will be given. Furthermore, the Company shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) any Customer may incur as a result of the Customer’s stay being terminated.
23. Should the Company have to cancel a holiday at any time, a refund will normally be given from the trust account apportioned if the holiday has already commenced to take account of the facilities used or taken by the Customer. No compensation will be payable for disappointment or any loss resulting from such cancellation. The Company will not pay compensation or make any refund if the Company has to cancel or change holiday arrangements in any way because of unusual or unforeseeable circumstances beyond the control of the Company e.g. war, threat of war, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemic, adverse weather conditions or unavoidable technical problems with transport or because the Customer failed to supply the Company with relevant information.
24. Please note that the Company will not be liable for any injury, illness or death or consequent losses suffered by any member of the Client’s party or any Customer unless the Client/Customer is able to prove that such illness or injury was caused by lack of reasonable care and skill on the part of the Company or the Company’s suppliers in the performance of the Company’s obligations under the Company’s Contract with the Client/Customer. Where there is liability (except in cases involving death, personal injury or illness) shall be limited to a maximum of two times the cost of the Customer’s travel arrangements.
25. All notices must be served on the Company in writing at the Company’s Registered Office address or by email to the email address (if any) shown on the website of the Company current at the time of such service.
26. The Contract between the Clients and the Company will be governed by the jurisdiction of England and Wales.