Terms & Conditions for programmes that include outdoor activities
Contract
Your contract is with Realise Earth Limited (hereinafter referred to as “REL” or “we”), Registered Office: Herbert House, 24 Herbert Street, Glasgow G20 6NB Scotland (Company Number: SC725030). All services including outdoor activities that you purchase from REL are organised and sold subject to the following conditions:
Confirmation
1. To confirm this agreement you are required to pay the contract fee(s) either in full or by the due date(s) as set out on the programme web page or invoice. Failure to do so may result in the cost being increased, interest being charged at 5% above the Bank of Scotland base rate on any sums outstanding, or, ultimately, cancellation. By making an online payment (in part or in full), or if an invoice has been requested, on receipt of the invoice, the contract will become binding upon you. REL is not bound to provide any services whatsoever until payment has been received and cleared at our bank.
Payment
2. All prices are quoted in UK Pounds Sterling. Payment in another currency may offered at our discretion for your convenience when you pay by debit or credit card.
Payment will be accepted by either:
- Online debit/credit card via our website;
- Bank transfer/BACS or debit/credit card payment following the issuing of an invoice.
Participant information
3. For each and every individual participant covered by this contract, you must notify REL of the following information before the services are provided:
- the participant’s name;
- the participant’s date of birth;
- details of any health conditions, medications or allergies;
- the name and contact details of next of kin;
- details of any special dietary needs.
This information must be supplied using the REL Personal Details Form which must be accepted online or by signature and dated by each participant.
Changes or cancellation
4. If you cancel this contract twelve weeks (84 days) or more before the start date given on the programme web page or invoice you will receive a full refund. If you cancel this contract eight weeks (56 days) or more before the start date given on the Schedule of Services/Invoice you are liable to pay 50% of the total contract price. If you cancel during the contract period, or within eight weeks (56 days) of the start date given, you are liable for 100% of the contract price. Changes to, or cancellation of, any part of this contract by you will be subject to an administration fee at a rate of £40 per hour.
5. REL reserve the right to change any of the facilities, services or prices described in our promotional material or in the Invoice that form part of this agreement. We also reserve the right to cancel any element of the contract. It is unlikely we will have to make any changes to the services specified, however, we do plan the arrangements months in advance and circumstances change which are beyond our control. Any changes are usually minor, and we will advise you at the earliest possible date. If a major change becomes necessary, we will inform you as soon as reasonably possible. A major change is an alteration of the start or finish time of a residential element by more than 12 hours, a change of delivery location or a change to a lower standard of accommodation. When a major change or cancellation occurs you will have the choice of accepting the change of arrangements, purchasing other services from us, or cancelling your contract (in which case 50% of the fee is refundable). We will not refund any incidental expenses you may have incurred as a result of a cancellation. Where a major change arises from circumstances amounting to a force majeure (please see clause 12 below), we will endeavour to refund all sums as yet unpaid by REL to our suppliers. Your insurance policy, however, must cover the remainder.
Risk
6. Any information provided by REL on such matters as climate, weather, environmental conditions, clothing, baggage, accommodation, food, transport and special equipment is given in good faith but without responsibility on REL’s part.
7. It is a fundamental condition of this contract that you accept the hazards involved when undertaking outdoor activities and you accept that in visiting remote coastal and mountainous regions and areas whose access is subject to weather, tides, and sea or terrain conditions, that there must be an element of flexibility. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. Participants undertaking outdoor activities as part of this agreement must have a level of physical and mental fitness commensurate with the services specified, and you are responsible for bringing the appropriate clothing and equipment, details of which will be sent to you in advance.
If, in our opinion, or that of the facilitator or staff member we have engaged to deliver the activity, the health, fitness, psychological condition, behaviour or equipment of a participant may compromise the safe provision of the outdoor activities specified as part of this contract, or in the event that that participant’s behaviour is considered unacceptably disruptive to the prejudice of other members of the group, we reserve the right to cancel or terminate your contract. In these circumstances you will not be entitled to either a refund or compensation.
If a participant leaves any part of a programme, undertakes independent activities during the programme, or acts contrary to the safety advice and instruction given by the programme leader, REL is not responsible or liable for their actions or their safety. Participants may also be asked to leave the programme if their actions compromise their own safety, or that of other members of the group or the facilitator(s).
Accommodation & travel
8. Residential accommodation is as set out in the programme web page or Invoice. At applicable venues, where a choice of accommodation types is available, if a single room is requested, we will do everything we can to accommodate that request at no extra cost, however, where we cannot achieve this, requesting a single room may attract a supplement on the contract fee. You accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced separately for the relevant amount. Sometimes no single accommodation is available.
All residential elements have a designated ‘Meeting Point’ and we take no responsibility for travel to/from this meeting point. We are happy to connect you with other group members in order to share travel for environmental and cost-saving reasons.
Insurance & hold harmless
9. To undertake outdoor activities as part of this agreement each participant must be covered by adequate insurance for the duration and type of activity undertaken. The insurance must include cover for cancellation and curtailment, medical and emergency expenses (including evacuation by helicopter), personal accident, injury and death. In the event of emergency medical rescue and/or evacuation during an activity, by whatever means, the responsibility of such costs will be borne by the participant. It is therefore essential that adequate cover is in place.
Medical conditions
10. If a participant suffers from a medical condition that may affect their, or other peoples, safety or enjoyment of the programme, you must advise this at least 14 days prior to attending a residential element.
Any participant under the influence or recent influence of alcohol or any form of narcotic substance, legal or otherwise, may be dismissed from the group at the discretion of the facilitator(s). REL take no responsibility for the safety of a person dismissed from the programme for this reason, or for relocating them back at the designated ‘Meeting Point’.
Complaints
11. If you have a complaint about the provision of the activities specified, you should make it known to us at the earliest opportunity. If you feel your complaint has not been properly dealt with, we shall endeavour to agree a resolution with you. Any outstanding complaint not resolved during the contract period should be notified to REL in writing within 30 days of the end of the contract period, as specified. It is our preference that any contentious issue be dealt with by negotiation and/or formal mediation rather than litigation, however we reserve our full rights.
Force majeure
12. REL will accept liability for the negligence of employees causing direct physical injury to participants only to the extent that it is obliged under Scottish law. We cannot be held responsible for any mishap to participants or a participant’s property, and in particular for the consequences of flight cancellations, vehicle accidents, strikes, natural disasters, pandemics, sickness, Government or customs or police intervention or other such happenings amounting to force majeure.
Liability
13. REL facilitators are covered by UK public and professional liability insurance. By accepting this agreement you acknowledge that REL have taken all reasonable steps to safeguard liability in this respect.
REL shall not be liable for any damages caused by the total or partial failure to supply these services if such failure is:
- attributable to anyone other than REL;
- unforeseeable or unavoidable and attributed to a third party unconnected to REL;
- result of unusual or unforeseeable circumstances, reasonably beyond REL’s control;
- a result of an event which REL or any of our agents, even with all due care, could not foresee.
Where REL is found to be liable for damages in respect of our failure to supply the contract, the maximum amount of such damages, compensation and loss of enjoyment will normally be limited to the contract fee.
Where the damage relates to damage caused by the provision of road, rail, river or sea transport, or hotel accommodation, any compensation payable will be limited by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). All air transport is undertaken entirely at your own risk.
Any independent arrangements that you make which are not part of the specified services are entirely at your own risk.
Age notification
14. Participants must be eighteen (18) years of age or over to participate in services provided by this contract.
Waiver
15. The agreement may only be waived by REL in writing. When you when you make a booking as set out in Confirmation, clause 1, you agree to accept all these terms and conditions, and when we accept your booking we agree to carry out our obligations to you as defined in the Schedule of Services/Invoice and other information provided to you.
Assignation
16. You are not entitled to assign your interest in this contract.
Notices
17. Any intimations to REL should be served to us at our registered office in writing at Herbert House, 24 Herbert Street, Glasgow G20 6NB Scotland.
Governing law and jurisdiction
18. This agreement is governed by Scottish law and both you and REL submit to the exclusive jurisdiction of the Scottish courts.
Infectious diseases
19. In the event of an outbreak of infectious disease that leads to government guidance and/or restrictions we reserve the right to apply conditions on participants including but not limited to testing, preventative measures and vaccination.
20. If you are unable to comply with these conditions or government regulations prevent your participation, we will transfer your booking to a future date. We will not be responsible for any travel costs or accommodation costs incurred, nor will we be responsible for arranging your travel home from the meeting point. We strongly recommend your insurance covers such an eventuality.
UPDATED 10 August 2022