Terms & Conditions

Definitions In these Terms and Conditions

• The supplier means Red River Guiding
• The customer means any person, firm, supplier, or other legal entity which places an
  order or buys any products or services from the supplier and includes the employees,
  servants, agents or sub-contractors of any such person, firm supplier or other legal entity.
• Service means any course, accommodation or facility offered by the supplier.
• Contract means a contract between the supplier and the customer for the provision of
  products or services.
• Statutory Interest means statutory interest for the Late Payment of Commercial Debts
  (Interest) Act 1998.
• Terms and Conditions means these terms and conditions of provision.

Applicability of Terms and Conditions

•  These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any
  communication from the customer or implied by custom or practice. Other terms and
  conditions are expressly rejected by the supplier.

Booking Conditions

•  The contract shall be formed when the supplier acknowledges acceptance of the
  customer’s booking form and required payment.
• Participation in adventurous activities entails some risk of injury. All staff employed by
  the supplier are trained and appropriately qualified to run activity sessions and will at all
  times proceed in a manner to limits the risk of injury. However, customers need to accept
  that accidents and injuries can happen.
•  Any participant under the age of 18 years must have the permission of his/her
  parent/guardian with legal responsibility before being able to take part in any
  activity/course offered by the supplier. The parent/guardian with legal responsibility needs
  to be aware and accept the risks involved in adventure activities and satisfy themselves
  accordingly.
•  The minimum age for course participation is 18 years.
• The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. Except for fair wear and tear the supplier reserves the right
• to charge for equipment that has been lost or misused.
• All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the supplier.
• The contract is subject to the availability of a course place/date and the acceptance by the customer of these terms and conditions.
• Neither the supplier website nor literature constitutes an offer and the supplier may correct any errors or omissions to its published prices at any time before the confirmation of the contract by this condition.
• All information is produced in good faith that it is accurate at the time of publishing.
• Any current price list replaces all previous price lists.
• All Fees If payment is not made by these conditions, the Supplier reserves the right to charge statutory interest on the overdue/outstanding balance for the period from the date on which payment became due until the date on which payment is made including any period after the date of judgement or decree against the customer.
• The credit/debit cards accepted are: Visa, Mastercard, Switch, Delta & Solo. Fees – Scheduled and Private Courses
• Places can only be reserved by the supplier receiving a completed booking form and a 25% non-refundable deposit (where applicable), or full course fee.
• For online bookings the whole course fee is required to reserve a place on a course.
• The whole course fee is required to reserve a place for any booking made within 6 weeks of the commencement of the course.
• A completed booking form plus an official purchase order issued by a recognised buying authority confirming acceptance of our terms and conditions upon which we will issue an invoice for the full amount of the course.
• The balance of the fee is payable 6 weeks prior to the commencement of the course. In the event that the balance is not paid the supplier will have the discretion to treat the booking as cancelled by the customer. The time for payment shall be the essence of the contract.

Fees- Group Bookings

• Provisional bookings must be confirmed by payment of a 25% non-refundable deposit within 14 days of the date of the provisional booking letter except when a purchase order from an approved buying authority is issued.
• Bookings confirmed by an approved purchase order will be invoiced for the total as per the provisional booking letter, 25% of the total will be a non-refundable deposit.
• The balance in the case of non-invoiced events or the total in the case of invoiced events will be due 6 weeks before the date of arrival. If the balance is not paid the supplier will have the discretion to treat the booking as cancelled by the customer. The time for payment shall be the essence of the contract.
• Should a booking be made within 6 weeks of the date of arrival the whole fee is required at the time of booking.

Fees – Instructor Only and Consultancy Services

• Provisional bookings can only be confirmed upon receipt of the quoted fee.
•  In the case of an approved buying authority issuing a purchase order an invoice will be submitted. The supplier must receive payment in full 6 weeks before the provisional date.

Amendments by the Customer

• 
  Substitution of the original customer for another can be made provided the substituting customer satisfies the requirement of the course. All substitutions must be made with the consent of the supplier with both the substituted and substituting customer being jointly and severally liable for the total course fee as well as an administrative cost of £25.00 per course/substitution.
•  Changes to course or course dates are not available for courses taking place in Scotland or overseas.
• Group bookings: Variations in numbers must be agreed in writing and may incur
  additional charges. No variations will be accepted within 6 weeks of the booked date.

Cancellations

• Deposits (where applicable) are non-refundable. You are advised to take out your travel insurance when you book. This may allow you to recover prior payments (usually less an excess) if you have to cancel and the circumstances of your cancellation are covered by the insurance contract.)
• Course sizes described on the website are target sizes and may be increased or
  decreased at the discretion of the Supplier. The Supplier gives no undertaking as to the minimum or maximum size of a course but does undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principal
  objectives of the course can be achieved. Similarly, Leaders, Guides, Instructors and support staff named in course descriptions, anywhere in the literature or on the website, may be changed at any time.
• The Supplier reserves the right to cancel any course which does not have sufficient
  people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, the Supplier will endeavour to ensure that a course runs if at all possible. If your booking is likely to be cancelled under
  such circumstances, the Supplier undertakes to inform you as soon as possible; this may
  occur after the balance due date but will not occur less than 6 weeks before the course start date.
• Anyone booked onto a course which is cancelled by the Supplier will be entitled to a full refund or entitled to transfer to another course and no transfer fee will be payable. Should you transfer to another course any difference in price will be invoiced or credited
  accordingly.
•  Similar cancellation terms are adopted throughout the travel industry and cover the
  costs of advance payments made by the Supplier, and the effect of your booking having
  prevented others from taking your place. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the
  policy.

Cancellation by the Customer (Scheduled/Private Courses)

• All cancellations must be in writing and sent either by post or email. The supplier will
  acknowledge a cancellation within 5 days of receiving it. Until the customer has received
  confirmation the original booking remains valid.
• The customer will be charged on the following basis: 

Deposits are non-refundable.

• 25% of the total course fee where cancellation takes place less than 6 weeks but
  more than 4 weeks before the commencement of the course; or
•  75% of the total course fee where cancellation takes place less than 4 weeks but
  more than 2 weeks before the commencement of the course; or
• 100% of the total course fee where cancellation takes place within the period of 2
  weeks before the commencement date of the course; or
• 100% of the total course fee where cancellation takes place on or after the
  commencement date of the course.

Cancellation by the Customer (Group Bookings)

• All cancellations must be in writing and sent either by post or email. The supplier will
  acknowledge a cancellation within 5 days of receiving it. Until the customer has received
  confirmation the original booking remains valid.
   The customer will be charged on the following basis:
• Deposits are non-refundable 25% of the total course fee where cancellation takes place less than 6 weeks but more than 4 weeks before the commencement of the course
• – 75% of the total fee where cancellation takes place less than 4 weeks but more than
  2 weeks before the booked date; or
• 100% of the total fee where cancellation takes place within 2 weeks
  before the commencement date of the booked date
• 100% of the total fee where cancellation takes place on or after the booked date.
• Cancellation by the Customer (Instructor Only and Guiding)
  The customer will be charged on the following basis:
•  Deposits are non-refundable- 25% of the total course fee where cancellation takes place less than 6 weeks
• more than 4 weeks before the commencement of the course – 75% of the total fee where cancellation takes place less than 4 weeks but more than
• 2 weeks before the booked date; or- 100% of the total fee where cancellation takes place within 2 weeks
• before the commencement date of the booked date; or- 100% of the total fee where cancellation takes place on or after the booked date.

Cancellation by the Supplier

• Whilst every attempt is made to ensure that courses/activities run, the supplier will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
• The supplier shall notify the customer of cancellation not less than five days before the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
• Cancellation by the supplier does not affect a customer’s right to a refund of travel
  costs that he/she may have incurred before the cancellation and since lost except in the
  circumstances set out in the clauses above.
• In the event of cancellation customers will be offered the choice of the following
  options:
  – Full refund of the fee paid; or
  – Another booking on a different date.

Health

• Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary for all the courses/activities customers are expected to be of good general health. The medical section on the booking form must be completed as part of the booking process. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her capabilities. The supplier reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the course.

Dietary Requirements

• Any special dietary requirements must be made at the time of booking. The supplier
  cannot accept responsibility for not being able to deliver special dietary needs at short
  notice.

Equipment

• The Supplier may provide some equipment for a course (such as waterproofs, buoyancy aids, helmets, canoes, tents and camping equipment) and is responsible for the maintenance of such equipment. Where you deliberately or recklessly cause damage to any such equipment, whether during the trip or any pre-trip training, you shall indemnify the Supplier and keep the Supplier indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.

Safety Regulations

• Outdoor adventurous activities take place in varied natural environments where there
  are natural hazards and risks to manage. Every effort will be made by the Red River Guiding staff to provide realistic training safely. Customers participating in courses are expected to comply with all safety guidance and instructions given by the Supplier and its staff.

Unruly Behaviour

• Behaviour that disrupts the smooth running of an event may result in the disruptive
  customer(s) being excluded.  Any damage caused to property or equipment as a result of
  unruly behaviour will be charged for.

Personal Property

•  Property belonging to the customer is at all times the responsibility of the customer
  unless any loss or damage is due to any negligence by the supplier or its representatives.

Complaints

• If the customer encounters any problem or difficulty the supplier will try and resolve
  them as soon as possible. In the first instance report anything either to the instructor or
  the course director. If your complaint is not resolved to your satisfaction please write to Red River Guiding at: [email protected]. Your concerns will be dealt with within 28
  days of writing.

Force Majeure

• The supplier shall have no liability whatsoever in respect of any delay or failure in
  delivery of any of the courses or any of the supplier’s other obligations due directly or
  indirectly to any cause whatsoever outside the reasonable control of the supplier including but not limited to acts of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.

Liability

• The Supplier will not be liable where any failure in the performance of the Contract is
  due to: you; or a third party unconnected with the provision of the course and where the
  failure is unforeseeable or unavoidable; an event listed in clause 55 or any other unusual
  and unforeseeable circumstances beyond the Supplier’s control, the consequences of which
  could not have been avoided even if all due care had been exercised; or an event in which the
  Supplier or its suppliers, even with all due care, could not foresee or forestall. The Supplier
  shall not be liable for any illness, injury or loss of life sustained on any course, except where
  such illness, injury or loss of life is caused by the negligence of the Supplier or its employees,
  nor will the Supplier be liable for any uninsured loss of personal property.
• For all courses, you are advised to have insurance that covers you for all of the
  activities.

Intellectual Property

•  Copyright and all other intellectual property rights in the products and services shown
  in the supplier’s price lists, website and any literature shall remain at all times the property of the Supplier. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.

Photographs

•  From time to time photographs taken on the Supplier’s courses may appear in the
  Supplier’s promotional material. If customers do not wish to be photographed please raise
  this with the course instructor at the time.

Data Protection

• The personal information requested by the Supplier at the time of booking plus any
  subsequent information is held on paper and digitally. The information is required to
  assist the supplier, employees, agents and sub-contractors in delivering the course and in
  maintaining the supplier’s high standards of delivery. By providing us with the information
  to process your booking you are agreeing that the information can be kept and accessed by authorised supplier personnel. Contact details will be used to advise you of future offers by post, email, SMS or phone ONLY if you have given us your permission to do so. If you have not given us your permission to keep you up to date with what is happening at Red River Guiding we are unable to contact you for this purpose.

Applicable Law

•  The contract will be governed by the laws of England any dispute will be dealt with under
  the jurisdiction of the courts of England and Wales.
• The statutory rights of the customer are not affected by the above.

General

• Only the Supplier’s owner may promise a refund or offer compensation. The Supplier’s
  Leaders, Course Directors, Guides, Instructors, Agents, Representatives or Employees are
  not entitled to promise a refund nor to offer compensation and the Supplier will not be
  bound by any such promise or offer.
• These booking conditions may only be waived or amended by the Supplier’s owner.
  Such waivers or amendments will only be made in special circumstances and must be made in writing to be effective.
• When making your booking it is implied and accepted that you have read and
  understood all these booking conditions and agreed to abide by them.
• The Supplier shall ensure that appropriate security measures are in place to protect
  your data (as defined in the Data Protection Act 1998 and to comply with the
  General Data Protection Regulation). When you make a booking, you consent to all the
  information you provide being passed on to the Supplier’s suppliers, agents, subcontractors, employees or volunteers whether based inside or outside the European Economic Area for our providing you with the course