TERMS OF USE (Booking Terms and Conditions)

1. INTERPRETATION

1.1 In these

 Conditions: "Client" means the person for whom the Supplier has agreed to provide a Service in accordance with these Conditions. "Contract" means an agreement for the provision of the Service as set out herein. "Service" means the service to be provided by the Supplier for the Client. "Supplier" means Chasing Summits - Nicola Brown, with the registered office at Office 134160, PO Box 7169, Poole, BH15 9EL.

2. RESPONSIBILTY AND PERSONAL SERVICE

2.1 Chasing Summits recognizes and advises that due to the very nature of the trip and activities it offers, accidents are possible, and the Client must be aware of the risks. The Client travels at their own risk, and except as expressly provided for in these conditions, Chasing Summits shall not be liable to the Client by reason of any representation or implied warranty, condition, or other terms, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special, or consequential loss, damage, cost, expenses, or claims, which arise out of or in connection with the provision of the Service or their use by the Client. The entire liability of Chasing Summits under or in connection with the Contract shall not exceed the amount of Chasing Summits charges for the provision of the Service.

2.2 Chasing Summits shall not be liable to the Client or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Chasing Summits' obligations under the Service.

2.3 Chasing Summits warrants to the Client that the Service will be provided using reasonable care and skill, as far as reasonably possible. Where Chasing Summits supplies goods in connection with the provision of the Service, supplied by a third party, Chasing Summits does not give any warranty, guarantee, or other terms as to their quality or fitness for purpose.

2.4 Chasing Summits reserves the right to reject any Client as a member of their trip at any time. Reasons for this may include, but are not exclusive to, illegal actions or foolish behaviour which endangers the Client, the guide, or any other participants. In this event, no refund will be made, and Chasing Summits will not accept any further liability or responsibility to the Client.

2.5 The Client accepts responsibility for any damage or loss caused by the Client or any member of the Client's party to the property of Chasing Summits or any third party. Proper payment for such damage or loss must be made at the time directly to the accommodation owner or manager or other Supplier. If the Client fails to do so, the Client must indemnify Chasing Summits against any claim (including legal costs) subsequently made against Chasing Summits as a result of the Client's actions.

3. LEGAL AND HALTH REQUIREMENTS

3.1 It is the Client's responsibility to ensure that they have taken out the necessary insurance, including air rescue and cancellation cover, which is compulsory for participation in the Supplier's challenge. The cost of this is not included in the challenge/event price. Failure to do this will result in any air rescue bill for the repatriation of the Client being the responsibility of the Client.

3.2 The Client certifies that they are in good physical and mental health and are able to take part in the challenge they are subscribing to.

4. PAYMENT TERMS

4.1 To confirm a booking, Chasing Summits requires a non-refundable registration fee, the value of which is specific to each event based on its total value. Payment can be made by credit or debit card, bank transfer, or via PayPal. The balance payment in full must be received 8 weeks prior to departure.

4.3 Late Payment of Balance. If the Client fails to make a balance payment by the due date, Chasing Summits reserves the right to levy a late payment fee of £35 per person for each complete week the balance remains unpaid after the due date.

5. CANCELLATION/AMENDMENT BY THE CLIENT

5.1 If the Client cancels, the following cancellation charges will apply:

5.1.1 More than 60 days before departure: 50% of the chargeable amount is to be paid.

5.1.2 Less than 60 days before departure: loss of all charges – no refund will be paid.

5.2 Notice of cancellation must be given in writing to changes. Date of receipt of written cancellation by Chasing Summits applies for 5.1.1 to 5.1.3.

5.3 Chasing Summits advises the Client to take out holiday/event insurance and to ensure that this includes cancellation cover.

5.4 Should the Client wish to change an existing booking with Chasing Summits, an amendment/administration charge will apply of £100.00. A change of an existing booking (e.g., changing from one course to another) may only be made with the agreement by Chasing Summits and will be subject to an amendment charge which will be confirmed by Chasing Summits on a case-by-case basis.

6. CANCELLATION/ALTERATIONS BY CHASING SUMMITS

6.1 Chasing Summits reserves the right to cancel the trip/course for any reason. These may include, but are not exclusive to (a) for reasons of force majeure; (b) a minimum group number has not been reached; (c) non-payment by the Client of the due sum by the due date. Chasing Summits endeavours to ensure that a trip will run wherever financially viable. Where a trip must be cancelled, Chasing Summits undertakes to inform the Client as soon as possible but with a minimum of 24 hours.

6.2 If the Client does not pay the balance by the due date, Chasing Summits reserves the right to cancel the Client's booking and pursue any monies owing.

6.3 If Chasing Summits cancels the Client’s trip, Chasing Summits will endeavour to offer an alternative date or trip. No alternative trip or date will be offered in the case of 6.1 (c). Chasing Summits will not be liable for any incidental expenses or losses the Client may have incurred. The full extent of Chasing Summits liability is limited to the course fee/services paid for by the Client. In the event of the Client accepting an alternative trip, the difference in price will be invoiced or credited accordingly.

6.4 Chasing Summits receives regular travel updates from the United Kingdom Foreign and Commonwealth Office and will not knowingly operate trips against the advice from the FCO. Where the FCO advises against ‘all but essential’ travel, the Client is advised to read the relevant advice and to decide whether they wish to be subjected to the risks associated with that country or region. The Client must ensure that their travel insurance is valid notwithstanding the FCO advice.

In the event of the FCO changing their advice to ‘all travel’, this constitutes a force majeure and the trip will be cancelled. If the trip destination is UK-based, the cancellation will be made if the advice is active 7-days prior to the trip start date. If the trip destination is outside of the UK, cancellation will be made if the advice is active 14-days prior to the trip start date.

If the FCO changes their advice to ‘all but essential’ travel after a booking has been made and the Client wishes to cancel their trip, the cancellation charges set out in section 5 will apply.

Clients from outside the UK are advised to consult their own government for travel advice. Where a foreign government changes their advice to ‘all travel’, which does not coincide with the UK FCO’s advice, a cancellation by the Client will be subject to Chasing Summit’s cancellation procedure.

6.5 A trip may be cancelled due to force majeure. Examples of force majeure include, but are not limited to war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.

6.6 Due to the nature of the Service, Chasing Summits reserves the right to alter travel arrangements, accommodation, and itinerary at any time. In the unlikely event of this happening, these will usually, but not necessarily exclusively, be minor changes. No compensation will be payable. Chasing Summit will always endeavour to maintain the quality of the offer if changes must be made.

6.7 All prices are accurate at the date published, but Chasing Summit reserves the right to change the price from time to time. If circumstances such as government action, changes to fuel, and currency fluctuations make it necessary for Chasing Summit to levy such charges, Chasing Summit shall issue an Amendment Invoice reflecting any changes made as appropriate and will notify the Client at the earliest opportunity. This will only be done with a reasonable cause where the cost basis for Chasing Summit has risen and the cause will be stated.

7. COMPLAINTS

7.1 Should a problem arise during the trip, please inform the lead Guide and/or relevant person immediately who will endeavour to rectify the issue. If your complaint is not resolved locally, and to your satisfaction, please email nic@chasingsummits.co.uk, or whatsapp 07742200393 or write to their registered address within 28 days of completion of the service. Please provide the trip name, departure date, and all other relevant information.

7.2 Failure to follow the above procedures during your trip, and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures during your trip, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.

8. ACCEPTANCE OF RISK

8.1 Mountain challenges in the UK and overseas carry risks. This page is to inform you of the kinds of risks you could encounter in the mountains and associated with the activities we undertake. It is designed to enable you to make informed choices about your participation in our courses. Whilst we take our responsibility for your safety very seriously, we cannot eliminate risk. Please find below a listing of the various dangers that can be encountered on our challenges, the consequences of which may be serious injury or prove fatal. Please be aware this is an inexact science and it is not an exhaustive list.

• Physical and mental exertion (in some cases extreme including altitude sickness).

• Adverse/rapidly changing weather conditions (wind/rain/hail/sleet/snow/sun/storm/lightning).

• Uneven/slippery/dangerous surfaces (slate/snow/stone/rock/snow/ice etc.).

• Falls.

• Road travel/road travel accidents.

• Avalanche danger.

• Rock/ice fall.

• Strong sun/UV exposure.

• Acute mountain sickness (e.g. pulmonary/cerebral oedema).

• Cold-related injuries.

• Crevasse fall.

• Developing countries – reduced medical care/facilities; transport facilities are not to the same standard as in the UK. Vehicles are not necessarily subjected to annual MOT tests and in some cases, they do not have seat belts.

• General health & safety, political volatility, water/foodborne illnesses. Foreign Office Advice – the UK Foreign Office provides useful travel advice by country on its website

8.2 The course objectives (e.g. summit/routes etc) may, during poor weather and route conditions, not be obtainable. The guide/mountain leader directing your course carries the final say regarding route selection and its conditions, as well as suitability and continued participation of the participants. A short notice change of conditions, circumstances, and objectives is a possibility at any time of the year in the mountains.

9. DATA PROTECTION

9.1 Chasing Summits is committed to protecting and respecting your privacy. By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third-party suppliers, such as accommodation and transport providers, guides, and in-country agents, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); to administer, analyze, and improve our website; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organizations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration); and for marketing contact by means of email, post, and/or telephone to provide you with offers and information on similar products and services to those you have purchased (unless you have opted out of such marketing at the time of booking).

9.2 I consent to Chasing Summits sharing my details with my chosen charity and to the charity contacting me by phone, text, e-mail, or post.

9.3 If you wish to make a data subject access request for a copy of any personal data we hold on you, please contact Chasing Summits at the registered address or via email nic@chasingsummits.co.uk or whatsapp too 07742200393. A charge of £20 applies. Our full Privacy Policy is available.

9.4 I grant and authorize Chasing Summits the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or videos

10. LIABILITY

10.1 Chasing Summits (Nicola Brown)carries full public and products liability insurance, enabling us to operate as a tour operator for adventurous travel. Copies of the insurance are available for inspection upon request.

10.2 We take our responsibilities to our clients and staff very seriously. Our policy is to ensure that all trips offered are led by appropriately qualified guides who are knowledgeable about the areas you are visiting. We strive to ensure the safety of our clients and guides at all times, while balancing this with the inherent risks associated with the activities we offer. All clients traveling with Chasing Summits must read, understand, and sign a Disclaimer, acknowledging their awareness of the risks involved and confirming they have read and accepted the Terms & Conditions. If you have any questions or concerns regarding these terms and conditions, please contact us before booking. Once we accept your booking, you will be bound by Chasing Summits' Terms & Conditions.

11. ARBITRATION

11.1 Any disputes arising under or in connection with these Terms and Conditions or the provision of services shall be referred to a single arbitrator. This arbitrator will be appointed by mutual agreement or through the Law Society's current practice. The arbitration process will be governed by English law.

11.2 English law applies to this contract, and both parties agree to submit to the non-exclusive jurisdiction of the English courts.

11.3 Chasing Summits reserves the right to amend these Terms and Conditions from time to time. The client agrees to accept any future reasonable changes to these Terms and Conditions that comply with UK law.

11.4 Each clause in these Terms and Conditions operates independently. If any court or relevant authority deems any individual clause unenforceable, the remaining clauses will remain in full force and effect.

11.5 These Terms and Conditions, along with the Disclaimer, constitute the entire agreement between the parties. They supersede any previous agreements or understandings and may only be varied in writing between the parties.

12. DISCLAIMER

It is your responsibility to ensure that you have read and understood the following Disclaimer prior to booking your trip or paying a deposit. If you are uncertain about any part of the Terms & Conditions or the Disclaimer, please contact us for clarification.

In consideration of Chasing Summits allowing me to take part in and engage in any adventure activity, I hereby acknowledge and declare as follows:

1. I confirm that I am over the age of 18.
2. I confirm that I have read and understood the Terms and Conditions (including risk awareness) of Chasing Summits as provided on the website: www.chasingsummits.co.uk
3. I agree to be bound by and comply with these Terms and Conditions, including all other rules, regulations, and safety conditions of Chasing Summits and its officials, as well as any applicable rules contained in this Disclaimer.
4. I acknowledge my responsibility to ensure my actions do not endanger my safety or the safety of others while engaging in any activity provided by Chasing Summits.
5. I confirm that I will not attempt to repair, modify, or tamper with any equipment provided by Chasing Summits for the activity. I will comply with all instructions for the safe and proper use of such equipment.
6. I agree not to use any equipment other than that provided by Chasing Summits without prior consent from a staff member.
7. I acknowledge that the activities provided by Chasing Summits may be physically and mentally demanding, and I confirm I am in good health and have no reason (physical or mental) that would prevent me from participating.
8. I agree to pay Chasing Summits the current value of any equipment not returned, along with an administration charge of £50.
9. I acknowledge that engaging in any activity provided by Chasing Summits can be dangerous. Therefore, I understand that participating is at my own risk, and I will not hold Chasing Summits or its representatives responsible for any illness, loss, injury, or death before, during, or after my participation in any activity.
10. I confirm that I understand the necessity of obtaining appropriate insurance for the activities I will engage in.