Terms and Conditions

Terms and Conditions

These terms and conditions form the basis for any agreement between Places Wild & High/Jasmin Cameron Mountain Guiding, hereafter referred to as ‘JCMG’, and any customer, hereafter referred to as ‘the Client’ in relation to services provided by JCMG. ‘Mountain day’ refers to the itinerary (be this literally a day spent climbing a mountain or any other activity or service offered by JCMG).

JCMG cannot accept responsibility for situations outwith their control including, but not limited to, the involvement of, or decisions made by, third parties; weather conditions; changes to normally passable routes as a result of high river levels, washed out paths, landslips, etc.; or Clients who fail to comply with these Terms and Conditions.

Failure to adhere to these Terms and Conditions may result in any agreement being terminated without further notice. The provision of these services, including Statement of Terms and Conditions, are governed by and construed according to Scots law. All members of the Party agree to submit to the non-exclusive jurisdiction of Scottish courts.

All information provided is treated in strict confidence and is held in accordance with the terms of the GDPR, 2018.

1. Booking

a) After a Client has approached JCMG to enquire about the services provided, a provisional agreement will be reached on the number of Clients JCMG can safely accommodate with regard to the number and nature of the mountain days requested.

b) Once an agreement in principle has been reached, JCMG will send a draft itinerary and written quote to the Client.

c) On the Client’s acceptance of the itinerary and quote, they will be sent a booking form and medical questionnaire (see Section 5 below) to complete.

d) The booking form, medical questionnaire (see Section 5 below) and a deposit must be returned within 7 working days, in order to secure the booking (see Section 3 below).

e) JCMG will send written confirmation to the Client, together with an invoice for the outstanding balance.

f) The outstanding balance must be paid 28 days in advance of the Client’s first mountain day. If the booking is made less than 28 days before the mountain day, the full amount becomes due immediately. Failure to pay the balance within this time period may result in the booking being terminated and no refund of the deposit being given.

g) Once these formalities have been completed, JCMG will send the Client information relevant to their mountain day (e.g. Kit Lists, general information, recommended literature).

2. Methods of Payment 

All payments must be received in full before guiding services will be provided.

a) Cheque made payable to ‘Jasmin Cameron’.

b) BACS (direct bank transfer) – Contact JCMG for details.

c) PayPal – Contact JCMG for details.

3. Cancellations, Alterations and Refunds

a) If the Client cancels 7 days or less before the date of the mountain day, no refund will be made.

b) If the Client cancels between 8 and 14 days before the date of the mountain day, 25% of the full amount will be refunded.

c) If the Client cancels between 15 and 28 days before the date of the mountain day, 50% of the full amount will be refunded.

d) If the Client cancels 29 days or more before the date of the mountain day the full payment received, less the deposit will be refunded.

e) Clients who pay their deposit but are awaiting permission from their medical provider (as per 5a below) will receive a full refund (including the deposit) if they have to cancel their booking due medical permission not being granted providing they do so at least 29 days prior to the first mountain day. Cancellations made on these grounds within 28 days will be treated according to 3a, 3b and 3c above.

f) While JCMG strives to offer a flexible and Client focussed service, and Clients are encouraged to request that changes are made to their agreed itinerary if it suits them, any such alterations may result in changes to the fees charged. Such alterations include, but are not limited to: changing the start point of a route; changing a route to one not previously discussed; changing the number of people in the party; and changes to the date of the mountain day.

g) JCMG reserves the right to alter the itinerary, or cancel the mountain day completely, in response to adverse weather conditions: this may be organised before the start of the mountain day or may take place on the day as weather conditions dictate. UK mountain weather conditions are extremely changeable and any decision made to alter the route before the walk commences, or while en route, will be made on the grounds of the safety of all members of the party.

h) In the event of a mountain day being cancelled due to adverse weather the Client will either be offered a full refund, less any reasonable expenses incurred by JCMG, or may rebook the mountain day.

i) If the Client rebooks another mountain day to replace a cancelled one, the price and Terms and Conditions will remain the same if it is scheduled to take place within 12 months of the original mountain day (unless changes are made to the original itinerary as per 3f above). Bookings made outwith 12 months will be considered to be a new booking and prices and Terms and Conditions may change to reflect this. The Client may be requested to submit an updated medical questionnaire if the rebooked date falls more than 28 days after the original booking (see 5e below).

j) If JCMG is unable to supply guiding services as agreed the Client is entitled to a full refund. 

4. Insurance 

a) JCMG mountain guides hold the Mountain Leader Award (as awarded by the UK Mountain Leader Training Boards) enabling them to safely lead groups in the mountains throughout the UK in non-winter conditions.

b) JCMG holds insurance which covers civic liability in relation to adventurous activities in mountain environments.

c) The Client is responsible for obtaining their own insurance policy which will cover illness, injury, cancellation and/or curtailment with regard to their mountain activities. Please check that your provider covers the type of mountain activity day that you intend to undertake.

5. Medical Matters

The Client is required to complete and return a medical questionnaire as part of the booking process.

a) If the Client responds ‘Yes’ to questions which detail potentially life-threatening medical conditions, they must be in possession of a letter from their doctor which states that they are medically fit to undertake strenuous physical activity. If the Client does not have such written permission then it is potentially unsafe for them to be taken into a mountain environment where significant physical exertion will be required from them. JCMG will not subject any Client to that risk and would be unable to guide them in these circumstances (see 3e above).

b) If the Client responds ‘Yes’ to questions which detail requirement(s) to use medication to control a medical condition, then the Client must be able to show JCMG that they are in possession of their medication immediately prior to the start of the walk and they will be required to carry it throughout the walk. This includes medication that the Client would normally take at breakfast time and in the evening in the unlikely (but possible) event that the mountain day takes longer than planned and the Client is unable to return to their place of residence in order to take their medication at their normal time. If the Client is not in possession of their medication at the start of the walk, they will not be permitted to take part in the walk and no refund will be provided.

c) While the presence of a medical condition, serious or not, is not in itself reason to prevent someone enjoying walking in the mountains, it does raise concerns about the suitability of such activities. If the Client answers ‘Yes’ to any of the questions detailing medical concerns, or it is apparent on meeting the Client prior to the start of the walk that their health or fitness is not at an appropriate level, or if events transpire during a mountain day that raise concerns about a Client’s health or fitness, or if there are any doubts or concerns about the Client’s physical or medical fitness to take part in mountain walking for any reason, JCMG reserve the right to refuse to guide the Client in the mountains. Their decision on this is final as their primary concern is the Client’s health, safety and wellbeing (see 6h, 6i and 6j below).

d) Medical questionnaires are generally considered to be valid for a period of 12 months from the date of completion but JCMG reserve the right to require an updated medical questionnaire to be provided no less than 28 days prior to a mountain day taking place.

e) In the event that a booking is made more than 12 months prior to the mountain day, JCMG will require to Client to submit an updated medical questionnaire no less than 28 days prior to the mountain day taking place.

f) In all cases it is the Client’s responsibility to inform JCMG of any changes to their medical condition that may affect their ability to safely take part in mountain activities as delivered by JCMG. JCMG accepts no liability for a Client’s wellbeing in the event that they failed to disclose a known medical condition that contributed to adverse events occurring.

g) By agreeing to these Terms and Conditions, the Client is acknowledging that they are aware that all activities in a mountain environment carry an element of physical risk which may lead to serious injury or death. The Client acknowledges that it is their responsibility to be medically and physically fit enough to undertake strenuous physical activity in a mountain environment and, in the event that they are unsure about their fitness to take part in such activities, that they have sought professional medical advice which has allowed them to do so.

6. The Mountain Day

a) The Client should be aware that mountain days may be lengthy, that a variety of terrain may be encountered underfoot, and that the weather conditions may vary considerably. Clients must be adequately prepared in terms of levels of fitness and have in their possession suitable clothing and equipment in accordance with the Kit List provided by JCMG. Failure to have the mandatory equipment detailed in the Kit List will result in the planned walk being cancelled and no refund will be offered.

b) It must be understood by the Client that the decisions made by JCMG will be made in the interest of the safety of all members of the party. If the intended route is altered or the walk abandoned, JCMG will explain the rationale of their decision to the Client but their decision is final and all Clients are expected to comply with that decision. If a Client chooses to go against the advice of JCMG, JCMG will no longer accept responsibility for that Client and any problems or events that might arise from that point forth will be the sole responsibility of the Client. Walks cut short on the basis of a safety decisions made by JCMG do not entitle the Client to a refund.

c) JCMG will periodically ask the Client how they are feeling and coping with the activity. It is the Client’s responsibility to answer honestly and to inform JCMG of any issues that might have an impact on the progress of the party. The Client is also responsible for bringing to the attention of JCMG if they, or any other member of the party, are experiencing any difficulties whatsoever. It is the responsibility of all members of the party, including JCMG and all Clients, to ensure the safety of the party is maintained.

d) Mountaineering activities carry a high level of risk. It is important that the Client recognise this before embarking on a walk. JCMG are trained and qualified to lead people over mountainous terrain in UK and will at all times work with the Clients to ensure that risk of harm or injury is limited but the possibility cannot be eliminated entirely.

e) All Clients are required to ensure they have consumed adequate food and drink prior to embarking on the hill day, bearing in mind that the physical exertions associated with mountain activities may dictate that ‘adequate’ food and drink are considerably more than a Client is used to consuming normally. Clients are required to carry with them an adequate supply of food and drink in accordance with the Kit List provided by JCMG. Failure to comply with these conditions is a safety issue and may result in JCMG amending the planned routes accordingly.

f) JCMG accepts no liability for loss of, or damage to, personal property belonging to the Client resulting from any activity undertaken during the course of a mountain day.

g) It is the Client’s responsibility to arrange transport to and from the Meeting and Return Points unless otherwise agreed with JCMG. Failure to be at the Meeting Point at the agreed time may result in the planned route being changed on grounds of safety.

h) It is not possible to give a precise time of return due to many factors but if the Client needs to be at the Return Point by a specific time then this should be possible to accommodate but may require the planned route to be changed. Mountain conditions are so variable that no guarantee can be given regarding a return time. Any such time constraints must be communicated to JCMG before the walk commences, preferably before the day of the walk.

i) If the Client wishes to change the time or place of Meeting they must agree this with JCMG before 8pm (2000 hours) on the date prior to the walk taking place.

j) If JCMG decides to change the time and/or place of Meeting or Return they will inform the Client before 8pm (2000 hours) on the date before the walk commences, except in the event of adverse weather or unforeseen circumstances which necessitate a change later than this.

k) In the interests of safety, all routes, times and places are subject to change at the discretion of JCMG at any time.

l) JCMG guides hold a valid first aid certificate and carry a first aid kit with them but the Client respects the fact that JCMG are only able to provide a limited level of first aid cover. The Client should be in possession of their own first aid kit (as described in the Kit List) and be able to use it.

m) In the event of any incident leading to an injury to any member of the party, JCMG will make a record of the circumstances and retain this information in case of future need. The Client agrees to cooperate fully with this process including providing a signed statement about the incident. Providing such a statement does not imply that the Client is accepting responsibility for the incident nor does it limit the Client’s right to seek compensation in the future. Other members of the party may also be asked to provide written accounts of any such events and all Clients agree to cooperate with any such reasonable requests.

n) If a Client demonstrates inappropriate behaviour at any point for any reason (e.g., intoxication due to drugs or alcohol or a medical issue), JCMG reserves the right to return the Client to the Meeting Point (or other appropriate place of safety), or if evident at the outset, refuse to guide the Client onto the hill. In such circumstances, no refunds will be offered.

o) For safety reasons, in the event that one member of the party is deemed unfit to be on the hill, JCMG will guide all Clients off the hill by the shortest and safest route (see 6b above).

p) Members of the party under the age of 18 must be accompanied by a parent, guardian or responsible adult at all times.

q) As with all those who venture into the mountains, the Client acknowledges that they share in the responsibility of ensuring their safety and wellbeing and that of all members of the party.

 

slide4

 

Featured photo: Looking towards upper Glen Derry with Beinn a’ Buird in the background, Cairngorms