Terms and Conditions

BOOKING CONDITIONS

The following booking conditions together with the Useful Information contained in our brochure and/or shown on our website form the basis of your contract with The Walking and Climbing Company Limited (company registration number 3932588). Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

These booking conditions only apply to trip arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to "holiday", "booking", "contract", "trip" or "arrangements" mean such holiday arrangements unless otherwise stated.

In these booking conditions, "you" and "your" means each individual person who makes a booking with us. Each such person enters into a separate contract with us even though they travel as part of a group. "We", "us" and "our" means The Walking and Climbing Company Limited. References to "departure" are to the start date of the arrangements we have contracted to provide.

The Package Travel and Linked Travel Arrangements Regulations 2018

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, you will benefit from all EU rights applying to packages. The Walking and Climbing Company Limited will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, The Walking and Climbing Company Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

1. Making your booking

You may book your trip with us directly or through one of our authorised travel agents. Where you book through a travel agent, all communications will usually go through the agent.

Your booking is accepted on the basis of these booking conditions. Where you are under the age of 18 at the time of booking, your parent or guardian must also confirm acceptance of these booking conditions and accept responsibility for making all payments due to us. References to you in these booking conditions will include your parent or guardian in this case.

You must complete and submit an online booking form to us. Where you book through an authorised travel agent of ours, the completed booking form(s) should be passed to your travel agent (who will send them on to us). The payments referred to in clause 2 below must also made at the time of booking.

Subject to the availability of your chosen arrangements, we will confirm your trip by issuing a confirmation letter to you setting out the trip arrangements, cost and balance payment due. Please note, your arrangements are not confirmed until this confirmation letter is e-mailed or otherwise despatched to you or your travel agent even where you submit your booking form and make payment online. Please check this confirmation letter carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation letter or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

If you wish to and have booked with us directly, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to sbaer@walkingandclimbing.co.uk If you have booked through a travel agent, enquiries and requests should be made through the agent. Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.

These booking conditions may only be amended or waived in any respect by a director of The Walking and Climbing Company Limited in writing. No third party has the authority to make any representations, concessions or amendments in relation to any trip arrangements on our behalf.

2. Payment

In order to confirm your chosen trip, the applicable per person deposit (or full payment if booking within 8 weeks of the start of your trip) must be paid at the time of booking.

The balance of the trip cost must be received by us not less than 8 weeks prior to start of the trip. This date will be shown on the confirmation letter. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep your deposit. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.

Please see our website for details of payment methods. We will not be responsible for any payment made to your school or any other third party in relation to your trip (except for an authorised travel agent as referred to below). For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your trip with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent's obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. Any monies you pay to one of our authorised travel agents for bookings which do not include any flights will be held on your behalf until we issue our confirmation letter. After this point, they will be held on our behalf.

3. Your contract

A binding contract between us comes into existence when we issue our confirmation letter to you or your travel agent. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us ("claim") except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

4. The cost of your trip

Please note, changes and errors occasionally occur. You must check the price of your chosen trip at the time of booking.

We reserve the right to make changes to and correct errors in advertised prices at any time before your trip is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

Once the price of your chosen trip has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package.

You will be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in the above paragraph which occurs between confirmation of your booking and the start of your trip.

If any surcharge is greater than 8% of the total trip cost, clause 9 (Changes and cancellation by us) will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from any refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.

Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your trip due to contractual and other protection in place.

5. Special requests and medical conditions / disabilities / reduced mobility

If you have any special request, you must advise us or your travel agent at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation letter or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) where it is important to you.

Our trips may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed trip arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

If you suffer from any medical condition, disability or significant reduction in mobility which may affect your trip (including any which affect the booking process) or have any special requirements as a result, please tell us or your travel agent before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us in writing if any medical condition, disability or reduced mobility which may affect your trip develops after your booking has been confirmed.

6. Changes by you and arrangements made after departure

Should you wish to make any changes to your confirmed trip, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £50 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of trip dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the trip price where, for example, the basis on which the price of the original trip was calculated has changed.

In the event that you wish to make any changes to your contracted arrangements after departure (for example, where you do not want or feel unable to proceed with the booked itinerary), no refunds will be made in respect of any unused services (in respect of which 100% cancellation charges will be applicable). In addition, the full cost of any alternative arrangements made for you will be payable. We cannot promise that any alternative arrangements will be possible as these are of course subject to availability at the time of request. They will not form part of your booking with us and these booking conditions will not apply to them (save for any applicable exclusions, limitations or other defences to liability which we are entitled to rely on). Where requested to do so, our local representative may assist in making such arrangements but does not do so in the capacity of our agent but rather in the course of their own business. Please also see clause 16 below.

You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an appropriate administration charge to cover our costs, must be paid before the transfer can be effected.

Please note, most airlines do not permit name changes after tickets have been issued for any reason and may require you to pay the full cost of the flight again, subject to availability, if you need to do so.

7. Cancellation by you

You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 6. Should you need to cancel your trip once it has been confirmed, you must immediately advise us or your travel agent in writing. Your notice of cancellation will only be effective when it is received in writing by us or your travel agent. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable based on your original booking departure date. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding any amendment charges. Amendment charges are not refundable in the event of cancellation. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable for tailor made arrangements.

Period before start of trip within which written notification of cancellation is received by us or your travel agent Cancellation charge per person cancelling
56 days or more Deposit
28 to 55 days 50%
Less than 28 days 100%

No refunds can be given for any services which are unused for any reason. 100% cancellation charges will apply to these. This includes the situation where you do not want or feel unable to proceed with your booked itinerary.

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

8. Insurance

We consider appropriate travel insurance to be essential. You must provide us with written evidence that you have such insurance for your trip after payment of your deposit. You are recommended to arrange this prior to or at the time of booking. Please see our Travel Insurance web page for essential details relating to travel insurance. The Travel Insurance Form must be completed and submitted to us prior to travel.

Please see our Useful Information for further details on insurance including a company who can provide you with a quotation for an appropriate policy.

Please read your policy details carefully and take them with you on your trip. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

9. Changes and cancellation by us

(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 9. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 5. Where we have to do so, clauses 9(4) and 9(5) will apply.

(2) All alterations which are not significant in accordance with clause 9(1) will be treated as insignificant changes. Airlines not running on schedule may have a domino effect on any air or other charters / arrangements meeting flights and accommodation which may have to be re-arranged. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stanstead or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes.

(3) Our trips may require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any trip where this minimum number is not achieved. You will be advised before your booking is accepted of any minimum number applicable to your trip. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before departure.

(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative trip arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative trip arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don't do so.

(5) If you choose to cancel your booking in accordance with clause 9(4), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. If we don't hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of our doing so. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 10).

(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted trip arrangements as a result of unavoidable and extraordinary circumstances (see clause 10) and we notify you of this as soon as reasonably possible or (ii) we have to cancel because the minimum number of bookings necessary for us to operate your trip has not been achieved and we notify you of cancellation for this reason as referred to in clause 9(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you alternative trip arrangements where possible which you may choose to book in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 7 will apply.

(7) If we have to make a significant alteration as referred to in clause 9(1) or cancel as referred to in clause 9(6), we will, where compensation is appropriate, pay you the compensation set out in the table below, subject to the exceptions to the payment of compensation referred to in clauses 9(5) and 9(6).

Period before start date of trip a significant change or cancellation is notified to you or your travel agent Compensation per person
8 weeks or more Nil
Less than 8 weeks £100

(8) In the event that unavoidable and extraordinary circumstances (see clause 10) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any amendment charges). We will notify you as soon as practicable should this situation occur. You will not be entitled to any additional compensation.

10. Unavoidable and Extraordinary Circumstances

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, closure or restriction of airspace, airport(s) or other transport hub(s), natural or nuclear disaster, exceptional weather conditions, epidemics / pandemics, fire and volcanic activity. Unavoidable and extraordinary circumstances will also include the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination.

11. Our Liability to you

(1) We promise to make sure that the trip arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted trip arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted trip arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which results from any of the following: -

- the act(s) and/or omission(s) of the person(s) affected; or

- the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable or

- unavoidable and extraordinary circumstances as defined in clause 10 above

(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us as forming part of your contracted trip arrangements and we have not agreed to arrange them as part of our contract and any excursion or activity you purchase during your trip. Please also see clause 16 "Excursions, activities and general area information". In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract together with the laws and standards of the country in which your claim occurred will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim were provided in compliance with the local laws and standards applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable trip maker to refuse to take the trip in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) You are responsible for your luggage and personal possessions at all times. We cannot accept liability for any loss or damage to them. You must ensure you have appropriate travel insurance to protect your personal belongings.

(6) Except as set out in clause 11(7) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 11 (7). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

(7) Where any claim concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 11(7). The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol) and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the applicable time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply to the notification of loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

(8) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (3) is connected with any business (including any loss of self employed earnings).

(9) We and the expedition leaders and guides we appoint will do our very best to ensure that the trip objectives which have been communicated to us and agreed at the time of booking are achieved as far as reasonably possible. However, you acknowledge that we / the expedition leader / guides have the authority to make whatever decision we / they consider appropriate at the time in relation to your group or any individual group member(s) in the interests of the health, safety, well being or enjoyment of your group or the individual(s) concerned.

(10) Our trips, by their very nature, involve the inherent risk of injury, illness and death as well as loss or damage of belongings. The areas to which we travel are under developed and the infrastructure is basic. Walks, treks and climbs take place in mountainous areas at altitude and involve significant physical exertion. It is your responsibility to ensure you fully understand all aspects of your trip including the level of fitness required and the inherent risks prior to making your booking. We will not be liable if you suffer any adverse consequences in connection with such inherent risks (including but not limited to those referred to above).

12. Complaints and claims procedure

In the unlikely event that you have any reason to complain or may have a basis for making a claim in respect of any aspect of your trip arrangements whilst away, you must immediately inform our expedition leader or local agent and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our expedition leader / agent and the supplier as soon as possible. If any complaint or problem is not resolved to your satisfaction by the our expedition leader / agent / supplier, you must contact us in the UK, using the contact details we have provided you with, during your trip, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint.

If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 11(6), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

13. Assistance during your trip

In the event you end up in difficulty (of any sort) during your trip, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.

14. Behaviour and damage

When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party's full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate your trip arrangements. In this situation, you will be required to leave the accommodation or other service. We will have no further responsibility towards you including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

15. Conditions of suppliers

Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, sometimes in accordance with international convention. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.

16. Excursions, activities and general area information

We may provide you with information (before and/or during your trip) about activities and excursions which are available in the area you are visiting. Our local representative may also provide you with such information and, where requested by you to do so, assist you in booking such activities and excursions. Please note that all such activities and excursions (including those about which we have provided you with information) will not form part of your contract with us. We have no liability for such activities and excursions and their performance in any respect including, without limitation, for the acts and omissions of the operators and providers or for our local representative in connection with such activities and excursions. These booking conditions (including the acceptance of liability in clause 11(1)) will not apply to them save for any applicable exclusions, limitations or other defences to liability which we are entitled to rely on. Where our local representative books or assists in booking such arrangements or provides information, they will not do so in the capacity of our agent but rather in the course of their own business. We have no involvement in any such activities or excursions which are not run, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. The terms and conditions of the local operator or other provider will apply which you should obtain before booking.

We cannot guarantee accuracy of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to on our website, in our other advertising material or elsewhere which are not part of our contract are vital to the enjoyment of your trip, contact us in writing and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such activities or excursions which can reasonably be expected to affect your decision to book a trip with us, we will pass on this information at the time of booking.

17. Passports, visas and health requirements

The passport and visa requirements applicable to the trips we offer are shown on our website. Requirements may change and you must check the up to date position in good time before departure. Your passport must be valid for at least 6 months after the end of your trip. A British citizen's passport presently takes approximately 3 to 6 weeks to obtain. If you are 16 or over and do not have and have not previously held a passport, you should apply for one at least 6 weeks before your trip. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.

Details of any compulsory health requirements applicable to your trip of which we are aware are shown on our website. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery, local travel clinic and from the National Travel Health Network and Centre travelhealthpro.org.uk Information on health abroad is also available on www.nhs.uk/Live-well/healthy-body/before-you-travel. Health requirements and recommendations may change and you must check the up to date position in good time before departure. It is your responsibility to ensure you are in possession of all necessary travel and health documents before departure.

All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly. No refunds will be made or expenses met in the event of your being unable to travel due to failure to comply with any passport, visa, health or other applicable requirement.

18. Foreign Office Advice

The UK Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.

19. Financial security

Your Financial Protection. The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under its ATOL Franchise and The Package Travel and Linked Travel Arrangements Regulations 2018 for The Walking and Climbing Company Ltd, ATOL number 10201 and in the event of their insolvency, protection is provided for the following:

  1. non-flight packages;
  2. flight inclusive packages that commence outside of the EEA, which are sold to customers outside of the EEA; and
  3. flight inclusive packages, flight only and linked travel arrangements (LTAs) sold as a principal under ABTOT ATOL Franchise.

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made by customers outside the EEA are only protected by ABTOT when purchased directly with The Walking and Climbing Company.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT's 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: www.legislation.gov.uk/uksi/2018/634/contents/made

All the flights and flight inclusive holidays featured on our website are financially protected either by ABTOT or the ATOL scheme. When you pay for something protected by the ATOL scheme you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate

When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

The price of our ATOL-protected flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.

We, or the suppliers identified on your ATOL Certificate or holiday itinerary, will provide you with the services listed on the ATOL Certificate or itinerary (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder or supplier may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder or supplier will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder or supplier. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or supplier, in which case you will be entitled to make a claim under the ABTOT Combined scheme.

If we, or the suppliers identified on your ATOL certificate or holiday itinerary, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT Limited may make a payment to (or confer a benefit on) you under the ABTOT Combined scheme. You agree that in return for such a payment or benefit you assign absolutely to ABTOT Limited any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ABTOT Combined scheme.

For further information visit the ATOL website at www.atol.org.uk or the ABTOT website at www.ABTOT.com

20. Flights

We may arrange international flights if required, to or from the UK. See Useful Information for further details. As part as your contracted trip arrangements, we may also arrange overseas flights.

In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a "Community list" which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en

We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.

If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 9 "Changes and cancellation by us" will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on your confirmation invoice or elsewhere are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

Information relating to departure and travel arrangements will be sent approximately 2 weeks before departure. You must check this information very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed after this. We will contact you if this occurs where we are reasonably able to do so. However, it is your responsibility to check up to date timings on the airline's website.

Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.

21. Delay and Denied Boarding Regulations

We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. The airline operating your flights may provide refreshments etc; please enquire with the airline for details.

If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems for further information

22. Brochure / website / advertising material accuracy

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking.

23. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your trip are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.

© Copyright 2020 MB Solicitors Limited, trading as mb LAW of Studio 3, The Quays, Concordia Street, Leeds LS1 4ES tel 0113 2424444 www.mb-law.co.uk Ref: CG

© 2000- - Walking and Climbing Company Limited.