Before making a booking it is essential that you read through our Terms & Conditions. Please print off and retain a copy for your records.
The following terms and conditions form the basis of your contract with Spa Adventure Treks Ltd.
1. Checking availability of your chosen trip
In the first instance please email us to check availability of your chosen trip. (email: firstname.lastname@example.org)
To make a booking each person must complete a booking form sent to you or completed online. Each client will be responsible for all payments due in respect of these booking conditions. By filling in this form it implies that you understand and accept the Terms and Conditions and agree to abide by them. Once your availability has been confirmed, you must promptly submit the booking form, via email or online. You must return your completed forms within two weeks of the date you confirmed interest by email. And no later than the date on which your final balance for the trip is due (this is shown on the invoice you received when your booking was confirmed). If the Company receives your forms outside of these time limits, no matter when you booked, the normal cancellation and transfer conditions will apply and you will be liable for the appropriate charges.
Deposit & Balance of payment
Your booking form must be accompanied by a £150 non-refundable deposit per person, paid by bank transfer (unless otherwise arranged). If booking 12 weeks or less pror to departure, the full amount must be paid on booking. If you choose to pay online the full amount will be payable in any case. A contract will exist between us when we have received your booking and confirmed receipt of your deposit, whichever is the latter. Once you have sent in your completed booking form you must pay your deposit within 5 calendar days. Your booking is not confirmed until your deposit is received. All bookings are subject to availability. Upon receipt of your booking form and all appropriate payments, we will confirm your booking by issuing an email of confirmation and a final invoice stating how much is remaining to be paid. If you have any queries now is the time to ask. It is your responsibility to check all the details contained in the letter, confirmation email and invoice are correct.
Balance of payment
The balance of payment should be made no later than 12 weeks before your holiday, referenced to the date on your receipt email. If payment has not been received by the due date, we reserve the right to cancel your booking and make a cancellation charge. For your protection, in accordance with the European Union Package Travel Regulations of 1992, any payments made to Spa Adventure Treks will be held in a secure account and not be touched until the end of your holiday.
3. Existance of a contract
The binding contract comes into existance when we dispatch our confirmation email and invoice to you.
4. Holiday insurance policies
Due to the dangerous nature of adventure and activity holidays, you must be adequately insured for your holiday. It is a condition of your contract with us that you are fully insured in respect of the risks set out below in this condition 4. It shall be your responsibility to ensure that you are properly insured in accordance with this condition 4. The risks that appear below are set out for your consideration only and are not intended to be exhaustive. You are strongly advised to seek advice from your insurance broker and/or your insurance company for the purpose of this condition 4:
a. medical treatment and repatriation;
b. cancellation and/or curtailment of holiday;
c. loss or theft of personal effects;
d. hospital benefits;
e. personal accident;
f. personal liability;
g. travel delay
h. emergency rescue
i. legal expenses.
You must be able to provide us with a copy of your insurance policy before we will let you partake in an activity. We reserve the right to cancel your holiday without compensation or refund if you fail to provide us with any information required regarding your insurance or if we are reasonably of the view that the insurance arrangements you have made are not adequate. Please ensure that the activities you will be participating in are covered by your policy and mountain activities must include helicopter rescue. You must also bring a valid EHIC card. We reserve the right to curtail your holiday if you have no suitable insurance policy arranged. You agree to indemnify us from any claim whatsoever arising from your failure to comply with this condition 4.
5. Spa Advenure Treks Ltd Liability insurance
We hold Tour operator proffessional indemnity Insurance with insurers Campbell Irvine. If you would like to see a copy, contact us.
6. Costs of your holiday
Any costs are included in the programme information which you receive. However if it is neccessary for you to leave the programme due to illness or injury, any additional costs outside the programme will be payable by you.
7. Changes made to your holiday itinerary
Spa Adventure Treks Ltd adheres to planned itineraries wherever possible. The group leader has total discretion to alter the programme at any time in the interest of client safety. This could include weather conditions or any other circumstances that might affect the safety or enjoyment of the group. You will be asked to sign an activity questionnaire to determine your competence and suitability which includes a waiver release. If you have any questions about your suitability please ask.
8. Changes made by you to your holiday
Should you wish to make any changes to your holiday after we have issued your email of confirmation, you must advise us in writing (email or letter). Whilst we will endeavour to assist, we cannot guarantee we will be able to meet such requests and there may be an administrative cost involved.
If you are unable to travel then usually you would be eligible for cancellation charges as written below. However, as long as it is 6 weeks or more in advance of your departure, and you have informed us in writing at this time, you may be able to transfer your place to someone else. In this case, there will be an admin charge of £25 per booking, payable by the person cancelling their place, to make the transfer.
9. Cancellation of your holiday, trip by you
If you are unable to take your holiday and have to cancel, your deposit will be forfeited to cover our costs. We recommend that you take out suitable travel insurance to protect you financially in the event that you are forced to cancel your holiday. Cancellation charges will then be payable as set out below to compensate us for the cost of making your booking, our obligations to hotels and the risk that we may be unable to re-sell your cancelled arrangements. These charges are calculated from the date that written notice of the cancellation is received by us.
Period before departure within which written notification of cancellation is received by us:
More than 6 weeks, 42 days - £150 deposit is held by Spa Adventure Treks Ltd
15- 42 days (6 weeks) prior to commencement of your trip - 50 percent of the total price payable or paid will be held by Spa Adventure Treks Ltd
Less than 14 days prior to commencement of your trip - 100 percent of the total amount is due to Spa Adventure Treks Ltd
The person who agreed to our Terms and Conditions as part of their booking form is liable to pay any cancellation charge payable under this clause. Any payment to you with respect to this will be paid by BACS transfer or cheque at the earliest opportunity.
10. Changes to your holiday made by us
We try to avoid making changes to your holiday. However, sometimes changes are unavoidable and it is sometimes necessary to make alterations to holiday details both before and after bookings have been confirmed. We reserve the right to do so. On occasions we may find it necessary to make a significant change. A significant change is one made before departure, involving a change of your arrival or departure time by more than 12 hours or a change of accommodation. If it is necessary to make a significant change before departure, we will advise you as soon as practicable. If there is time to do so before departure we will then offer you the choice of: –
A accepting the changed arrangements as informed by us or
B purchasing an alternative holiday, of a comparable standard if available (if the holiday is less expensive than the original one, we will refund the difference, if it is more expensive, you will have to pay the difference) or
C cancelling your holiday and receiving a full and prompt refund of all monies paid to us.
If it is necessary to notify you of a significant change 8 weeks or less before departure, we will in addition, pay you compensation as set out in the scale appearing below, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choice can be accepted where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. For significant changes, any liability we have is limited to offering the above choices and the compensation payments (where applicable) set out below. No compensation is payable if we notify you of any change more than 8 weeks before departure. We cannot be responsible for any costs or expenses you may incur as a result of any change. No compensation is payable for minor changes. Minor changes do not entitle you to cancel or change to another holiday without paying the normal charges.
Period before departure where a significant change or cancellation is notified to you
More than 14 days – £30 compensation/person
14 or less days – £40 compensation/person
11. Cancellation by us
On a rare occasion it may be necessary to cancel a confirmed holiday. However, we will not cancel within 6 weeks of departure unless you have failed to make payment in full and on time or we are forced to do so as a result of circumstances beyond our control. Where your holiday is cancelled other than due to your default in payment, we will offer you the choice of purchasing an alternative holiday of a comparable standard if available or we will refund the difference.
In addition, if we notify you of cancellation 8 weeks or less before departure, we will pay you compensation as set out in clause 10 “Changes by us” above, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted.
(1) where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or
(2) where an insufficient number of people book your chosen holiday and we notify you that we are cancelling for this reason not less than 4 weeks before departure.
No compensation is payable if we notify you of cancellation more than 6 weeks before departure. We cannot be responsible for any costs or expenses you may have as a result of cancellation. Very rarely, we may be forced to curtail your holiday after the date of departure where circumstances amounting to “force majeure” as described in clause 12 below. In this very unusual situation, we regret we cannot make any refunds (except where refunds are obtained from any supplier), meet any costs or expenses you may incur as a result or pay any compensation.
12. Duty of Care
By booking you agree to abide by instructions and decisions made by the person leading the group. Spa Treks reserve the right to exclude individuals from a planned activity on the grounds of health safety or the success and enjoyment of the rest of the party. Any individuals who are excluded are not entitled to a refund. Any individual who ignores the advice of the person leading the trip shall forfeit all protection and duty of care. This includes taking and wearing of any equipment which is mentioned on the equipment list and for example not bringing it with you or refusing to wear it. This can endanger the whole group in case of hyperthermia for example.
13. Force majeure
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by “force majeure.” In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
14. Our Liability to You
We accept responsibility for ensuring that all parts of our contract with you are properly performed subject to the following exceptions. We cannot accept liability where any failure to perform or improper performance was due to:
1. the act(s) and/or omissions of the person(s) affected or any member(s) of their party or
2. those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
3. an event which either ourselves or the supplier of the services in question could not have foreseen or forestalled even with all due care.
In all cases except where personal injury, illness, death, loss and/or of luggage or personal possessions (including money) results or a lower limitation applies, our maximum liability is limited to the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (a) 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 (b) 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. Additionally, we cannot accept liability for any business losses. In the case of loss and/or damage to and/or luggage or personal possessions (including money), our liability is limited to £25 per person as you are assumed to have taken out adequate insurance at the time of booking. Where any claim or part of a claim concerns or is based on any travel arrangements made by us which are provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum we will have to pay you in respect of that claim or part of the claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention in that situation. You must give credit for all payments due or received from any carrier or hotelkeeper which in any way relate to the claim in question. Where any payment is made to you or any member of your party that person must assign to ourselves or our insurers any rights they may have to pursue any third party. You must also provide ourselves and our insurers with all assistance required.
If there is any problem with you holiday, we want to hear about it as soon as possible. Any concerns you have should be brought to our attention and we will do our utmost to put things right for you. Please note we are not responsible for any issues that you are aware of but did not bring to our attention during your holiday. Any reported issue that has not been resolved to your satisfaction during your holiday should be advised in writing to Spa Treks within 14 days of the end of your holiday. In the event of any complaint arising during your holiday, you must immediately notify us and the supplier of the service(s) in question, who will offer such assistance as they are able. For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept liability to fail to notify the complaint or claim entirely in accordance with this clause.
16. Conditions of suppliers
Please note that all services are provided subject to the conditions of the relevant supplier. Some of these conditions may limit or exclude the supplier’s liability to you, usually in accordance with the appropriate international conventions.
We do not arrange the flight element of your holiday. It is your responsibility to make these arrangements and to ensure that your flights coincide with your required dates of arrival and departure. We do not accept any liability for any curtailment of your holiday by reason of any delay arising from your flight arrangements.
Airport Transfers are included only at the specified times for a single timed airport drop off pick up. If you can not get to the airport for that time or your flight is delayed then you are responsible for all costs incurred before you regroup with the group. We do not arrange transport to and from your holiday. It is your responsibility to ensure that your flight, train or car journey arrangements coincide with your dates of arrival and departure. We do not accept liability for any curtailment of your holiday by reason of delay arising from your travel arrangements.
19. Special requests
If you have any special request, please clearly note it on your booking form. Only requests made in writing relating to services or facilities provided directly by Spa Adventure Treks Ltd can be guaranteed when they are acknowledged by us. Unless we have agreed in writing to provide such a service or facility, failure to meet any special request will not be breach of contract on our part. We will pass on requests to suppliers or other service providers but we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.
20. Your obligations
You undertake to consult with your general practitioner in connection with any existing or previous condition which may impact upon your ability to take part in the activities arranged as part of your holiday. Any such condition should be disclosed to us at the time of booking and to your insurance company. By signing the booking form you undertake and confirm to us that your mental and physical condition are sufficient and fit for the purpose of joining in and participating in the holiday you have booked. We reserve the right in our absolute discretion to require the production of a medical certificate at any time prior to the commencement of your holiday. In addition if our leader/s finds that you are not fit enough to complete the full itinerary we will advise of this and alternative arrangements for any evacuation will be made. These arrangements will involve some additional staffing cost or other should you leave the group and need any alternative accommodation as a result. These costs will be your responsibility but of course wherever possible we will help you to meet up with other group memebrs later in the holiday and have an enjoyable time.
When you book a holiday with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made at the time to ourselves or the third party concerned. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. 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 or any of your party behave in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party (including other clients) or damage to property, we reserve the right to terminate the holiday of the person concerned without notice. In this situation, our responsibilities towards that person (including any return transport arrangements) will immediately cease and we will not be responsible for meeting any costs or expenses they may incur as a result. We will not make any refunds or pay any compensation.
21. Passport and visa requirements
We regret we cannot accept any liability if you are refused entry onto any flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline or authority. It is your responsibility to ensure that you have the correct travel documents necessary for your holiday.
22. Descriptions and content of our website
We believe that the information, description and details of holidays on our website are accurate and correct to the best of our knowledge and belief at the time of publication of the site. We have given all such details, information, descriptions and details in good faith and any changes are likely to be of a minor nature and should not affect enjoyment of your holiday.
22. Governing law and jurisdiction
Your contract with us is made in England and shall be governed by English law. You submit to the exclusive jurisdiction of the courts in England.
23. Personal Risk
While we maintain a high professional standards of client care and safety, you must realise and accept that mountain walking, snow shoeing and other adventurous activities carry a danger of personal injury or even death, as they can take place in remote and potentially hazardous terrain. All clients must be aware of and accept these risks and be responsible for their own actions and involvement in such activities.
We hope that you will enjoy your holiday with us and we look forward to meeting you.