Terms and Conditions
1. If a customer decides to book a walk or event from TheLakeDistrictWalker and TheLakeDistrictWalker agrees to take that booking, the customer is entering into a contract for TheLakeDistrictWalker.
2. Customers are warned that all of the activities organised by TheLakeDistrictWalker require the exertion of strenuous exercise in order for customers to participate at all. Customers should therefore be of reasonable fitness before attempting to take part, if you are in doubt please seek professional medical advice. By confirming the booking with TheLakeDistrictWalker the customer is acknowledging this fact and agreeing that he/she and each other person for whom he/she organises a walk or event, has the requisite level of fitness.
3. Customers who are organising a walk or event for other people to attend, whether or not the customer will be attending the walk or event themselves, warrant to ensure that all of the people for whom they book a walk or event are provided with a copy of these Terms and Conditions and any other documentation or notices with which TheLakeDistrictWalker provides the organiser, including but not limited to the Equipment Information Sheet and the Itinerary Leaflet. TheLakeDistrictWalker reserves the rights afforded to it under these Terms and Conditions to refuse to allow any person booked to participate in a walk or event, notwithstanding the fact that that person may not have been given any of TheLakeDistrictWalker’s notices or information by the organising customer.
4. Provisional bookings are not to be interpreted as forming a contract between the parties. A contract shall only be formed between the parties once a Confirmation has been sent to the customer by TheLakeDistrictWalker. A provisional booking made by the customer in his initial telephone conversation or email will be valid for a period of 7 days. If TheLakeDistrictWalker do not receive the required Booking Form and full payment within that period, we will not hold the provisional booking for you any longer.
5. The price stated for a walk or event in the initial telephone conversation is the price at which TheLakeDistrictWalker would be likely to accept an offer to book that walk or event in the 7 days after that conversation. TheLakeDistrictWalker’s website and the representations made by its Representatives are only an indication of the standard charges and availability of its services. TheLakeDistrictWalker are not bound by any offer that the customer makes to it until the offer is accepted by TheLakeDistrictWalker.
6. The cost of the walk or event, including taxes or any other additional charges, will be set out by the TheLakeDistrictWalker Representative in the initial telephone conversation with the customer and written onto the Booking Form in the requisite space by the customer. The customer will send payment of that sum to TheLakeDistrictWalker with the Booking Form. The process for making that payment is set out in the Booking Procedure.
7. The receipt of a signed Booking Form and full payment is deemed to be confirmation to TheLakeDistrictWalker that you have read, understood and accepted these Terms and Conditions as the terms on which a contract between the parties shall be governed.
8. The arrangements for the walk or event that TheLakeDistrictWalker will host will be decided between the parties in the initial telephone conversation and detailed in the Booking Form. Once TheLakeDistrictWalker have accepted the booking by way of the Confirmation, the specific details will be sent to the organising customer in the Itinerary Leaflet. TheLakeDistrictWalker will use its best endeavours to ensure that the walk or event in the Itinerary Leaflet is as close in specification as the preferred walk or event detailed by him/her on this Booking Form and in the initial telephone conversation. The walk or event provided will be lead/supervised by a suitably qualified leader.
9. In the case that the customer is an individual rather than a company, he/she is entitled to cancel his/her booking within 7 working days from the day after the Confirmation is sent to him/her, unless the walk or event takes place before the end of that 7 day period with his/her consent and having received the Confirmation, in which case the cancellation period will end on the day when TheLakeDistrictWalker completes its obligations under the contract. Notice at any time of the customer’s wish to cancel the booking should be given to TheLakeDistrictWalker in writing to TheLakeDistrictWalker of 19 Cocker Lane, Cockermouth, Cumbria, CA13 9NR by post or in person or by email to [email protected]. Notwithstanding the above, if notice of the cancellation of a walk or event by the customer is received prior to one week of the arranged walk or event date, a 50% deduction will be made of the customer’s payment before a refund is given, and if the cancellation is received in the week leading up to the walk or event date, no refund shall be made. This deduction and withholding of the payment is made in order to cover TheLakeDistrictWalker’s administration and planning time.
10. TheLakeDistrictWalker reserves the right to vary walks or events from the specification set out in the Confirmation or the Itinerary Leaflet or to cancel walks or events at its own discretion. In the unlikely circumstance that a walk or event is cancelled by TheLakeDistrictWalker, the customer will be informed immediately where upon he/she will be offered an alternative date for a walk or event of similar value and specification. In the circumstance that the parties are unable to reschedule the walk or event to both of their satisfactions within one month of cancelling the event, the customer will be offered a full refund of all sums paid to TheLakeDistrictWalker.
11. All members of the party must comply with safety regulations and instructions of TheLakeDistrictWalker staff. Should an instructor / leader find that a member(s) is being disruptive or jeopardising the safety and enjoyment of others then TheLakeDistrictWalker reserves the right to either ask that person to leave the walk or event, in which case that person will not be refunded any of the sums paid to TheLakeDistrictWalker, or to cancel the event without refunding any of the monies paid to TheLakeDistrictWalker.
12. All customers taking part in walks or events will be polite and courteous to others, act sensibly and prudently and respect the countryside at all times. TheLakeDistrictWalker reserves the right to deny any person who does not abide with this, or any other term or condition, before or during the walk or event, from taking part in the walk or event without refunding that person any monies.
13. TheLakeDistrictWalker will allow dogs to accompany customers on the walks or events. This provision includes guide dogs for the blind.
14. All persons under the age of 16 who take part in an activity offered by TheLakeDistrictWalker must be accompanied by a parent or Guardian.
15. Notification of the equipment required by all customers in order for them to take part in a walk or event may be found on the page of the TheLakeDistrictWalker website entitled ‘Equipment Information’. TheLakeDistrictWalker reserves the right to refuse to allow any person without the appropriate equipment to take part in the walk or event at any time without refunding the customer or any member of the party.
16. Each person intending to participate in the walk or event must sign a waiver which assures TheLakeDistrictWalker that it will not have claims made against it for any loss or damages for which it can legally limit its liability. The waiver also requires participants to give assurances as to the state of their health in order that TheLakeDistrictWalker can be as certain as possible that all participants may participate safely. If any person declares that they have any health conditions which may affect their ability to participate, that person must prove to the TheLakeDistrictWalker Guide that the condition is controlled by medication or otherwise and produce a doctor’s note to such effect if the guide so requires. In the event that TheLakeDistrictWalker is made aware of any facts about a person’s health which leads it to deem in its absolute discretion that that person is not suitable to partake in a walk or event, it will be deemed that that person has cancelled its booking and the provisions of paragraph 9 of the Terms and Conditions shall apply.
17. TheLakeDistrictWalker takes no responsibility and will not be held responsible for death, personal injuries, accidents or loss or damage to property or belongings that occur to a customer, or any person attending a walk or event, during a walk or event (except in the case where death or personal injury are caused as a result of the negligence of TheLakeDistrictWalker). Further, TheLakeDistrictWalker will not be liable for any consequential or indirect loss resulting from the cancellation of a walk or event from that set out in the specification in the Itinerary Leaflet.
18. In the event that a customer is an organiser of a walk or event for others to attend, the customer indemnifies TheLakeDistrictWalker from any claims whatsoever for any loss or damage arising from any omission on the part of the organising customer to pass on any notices or documentation from TheLakeDistrictWalker to the person who participates or intended participant in the walk or event.
19. In returning this Booking Form and attending a TheLakeDistrictWalker walk or event a customer or participating person understands and agrees that he/she is participating in the TheLakeDistrictWalker activities at his/her own risk.
20. TheLakeDistrictWalker has a Public Liability Insurance Policy. However, TheLakeDistrictWalker advises customers to take out insurance to cover death, personal injury, loss or damage to personal property / belongings and to cover the costs of cancelled or varied walks or events.
21. The information given in TheLakeDistrictWalker’s website, brochure and by its Representatives has been carefully checked and TheLakeDistrictWalker believes that it is correct at the time of publication. TheLakeDistrictWalker reserves the right to make changes to these publications and representations at any time.
22. On arrival at the meeting point as set out in the Itinerary Leaflet, you will park your vehicle at a location selected by TheLakeDistrictWalker and TheLakeDistrictWalker shall not be liable to pay for any parking charges. If you park your vehicle elsewhere, it shall be at your own expense. TheLakeDistrictWalker takes no responsibility for any loss or damage to your vehicle or any vehicle in which you arrive at the walk or event and the indemnities contained in these Terms and Conditions shall apply. Customers shall pay for their own fuel and any other travel expenses.
23. TheLakeDistrictWalker will take all reasonable precautions to keep the details of the customer’s booking, payment and those contained on the Medical Questionnaire secure, but unless it is negligent, TheLakeDistrictWalker will not be liable for any unauthorised access to information supplied by the customer. Customers should refer to TheLakeDistrictWalker’s Privacy Policy which can be found at www.thelakedistrictwalker.com for information on how it proposes to use any personal information of the customer.
24. From time to time, as a convenience to customers, TheLakeDistrictWalker includes on its website links to third parties websites or material which is beyond its control. TheLakeDistrictWalker is not responsible for content on any site outside the Company Site.
Part of TheLakeDistrictWalker’s website and brochures may contain advertising and sponsorship from third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on TheLakeDistrictWalker’s website complies with relevant laws and codes. TheLakeDistrictWalker will not be responsible to customers for any error or inaccuracy in advertising and sponsorship material.
Customers may not transfer any of their rights under these Terms and Conditions to any other person. TheLakeDistrictWalker may transfer its rights under these Terms and Conditions to another business where it reasonably believe your rights will not be affected.
The content of the TheLakeDistrictWalker website and brochures and other material that it issues to customers is protected by copyright, trade marks and other intellectual property rights. Customers may retrieve and display the content of the TheLakeDistrictWalker website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided customers keep intact all and any copyright and proprietary notices. Customers may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the TheLakeDistrictWalker website without written permission from TheLakeDistrictWalker.
These Terms and Conditions will be subject to the laws of England and Wales and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Should a customer have any complaints about any element of the walk or event then he/she should make these known to the leader / instructor at the time. Alternatively customers may write to TheLakeDistrictWalker who will use its best endeavours to resolve the problem straight away. TheLakeDistrictWalker will try to solve any disagreements quickly and efficiently.
If a customer breaches these Terms and Conditions and TheLakeDistrictWalker chooses to ignore this, TheLakeDistrictWalker will still be entitled to use its rights and remedies at a later date or in any other situation where any customer breaches the Terms and Conditions.
TheLakeDistrictWalker shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
For the attention of the customer
TheLakeDistrictWalker will only use the information that you provide about yourself for the purpose of fulfilling its part of the booking, ensuring that the walk or event is carried out safely or in another way in accordance with its Privacy Policy, unless you agree otherwise. You can correct any information about yourself, or ask for information about you to be deleted, by giving written notice to TheLakeDistrictWalker at the address or email address provided above.
