WILDERNESS SUP LIMITED

Terms and Conditions – 2018

PERSONAL SUITABILITY TO UNDERTAKE ACTIVITY

  • Wilderness SUP reserves the right to recommend that an individual require medical clearance prior to undertaking physical activity.
  • Wilderness SUP instructors are first aid trained and reserve the right to stop any activity if health and wellbeing are at risk.

ACCEPTANCE OF RISK AND RESPONSIBILITIES AS A TRIP PARTICIPANT

You acknowledge that the nature of a paddleboard (SUP) trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the rural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary, and you acknowledge that your decision to travel is made in light of consideration of this information and that you assume the personal risks inherent in such travel.

You also acknowledge and clearly understand that during the course of the trip certain risks and dangers may occur, including but not limited to the hazards of travelling in rural areas and that by the very nature of the activities you are exposed to an element of personal risk over and above those associated with conventional daily life. You agree to assume all risks associated with the journey and agree that no liability will attach to Wilderness SUP CO. in respect of death, personal injury, illness or delay of the participant, or for any loss of or damage to the property of the participant, including to your phone or other equipment, during the course of the trip.

Furthermore, you must be adequately fit and of an adequate proficiency to undertake the itinerary set out in the tour you have chosen. You therefore accept and consent to the risks inherent in the implementation of this contract and accept as reasonable the limitations of our responsibility as set out in these terms and conditions. Wilderness SUP CO. reserves the right to decline, to accept, or to retain any person as a member of any party at any time.

Nothing in this clause or in any part of these Terms and Conditions is intended to exclude or limit Wilderness SUP CO. liability for death or personal injury caused by our negligence.

YOUR DETAILS

In order for us to confirm your paddle adventure with Wilderness SUP

CO.

you must provide all requested details with the balance of the trip price. Necessary details may include full name, date of birth and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.

Minimum Numbers

For certain trips to be commercially viable Wilderness SUP requires and certain numbers of participants in order to for a trip to commence. You will be notified in advance if this may be an issue.

Photography and Film

Please notify us if you do not consent to the use of photographs and video recordings of yourself taken by Wilderness SUP. We try to provide our guests with some photos from their experience with us as a memento, however, this is not a professional service we provide or guarantee.

Equipment Damage

At Wilderness SUP we have taken time and care to source our kit. It is of high quality and therefore we expect our guests to look after it. Damage or loss to Wilderness SUP equipment caused by negligence, malicious acts or carelessness must be paid for at the time at current replacement value.

Offers

Sometimes Wilderness SUP will off promotional rates. If you are given a promotional discount code, this can be used to get a discount by booking online. The terms and conditions of each discount code will be outlined when advertised. These purchases are non-refundable.

Weather

Whilst we cannot control the Scottish weather our key issues if we have to cancel a trip is Health & Safety followed by your Paddle Experience. We will contact you should we have any concerns that we may need to cancel. Your account will be credited however no refund will be issued

Cancellations

By You:

If you or any other member of your party decides to cancel your booking you must notify us in writing. A cancellation will only be effective when we receive written confirmation of the cancellation. We do not offer any refund on monies paid by you and therefore in the event you cancel your booking, we will retain all monies paid by you by way of our cancellation charge. We strongly advise you to purchase trip cancellation and interruption insurance at the time of booking which will cover cancellation fees.

If you leave, or have to be removed from a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. There are no exceptions to this cancellation policy, including for reasons related to weather, terrorism, civil strife, family or medical emergencies, or any other circumstances beyond our control.

Adventure Start Date

It is your responsibility to be ready to embark on the trip as specified meet time and location. Wilderness SUP CO. is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Our responsibilities do not commence until the appointed time at the designated meeting point.

Flight Delays

As we do not offer flights or other transport as part of our package, we have no liability whatsoever to you in respect of any such delays or cancellations.

Changes or cancellation by us

We reserve the right to make changes at any time to the session and services we provide if they become necessary due to circumstances beyond our control.

In the event of cancellation by us, we will offer an alternative activity, date or credit note (valid for a year). We do not issue refunds. We advise you to take out insurance against cancellation.

Group Bookings

Payments for bookings are taken in full unless a prior arranged deposit is in place. If the conditions on the day are deemed too unsafe by the lead instructor. Alternative dates or paddle credit will be offered for future dates. Individuals dropping out of group bookings WILL NOT be refunded. All Deposits to Wilderness SUP CO. are non-refundable. Payment links can be arranged for groups to pay individually.

SEVERABILITY

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

IMAGE RELEASE

You agree that Wilderness SUP CO. may use, re-use and reproduce any images, photos, or videos that you send to us, or that are taken by our guides and/or other Participants of you individually or in a group, in any medium, including but not limited to print, electronic media, or internet, free of charge and without your right to inspection, for promoting and publicising our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other Participants during the tour, you must inform us or your trip leader in writing at the start of the trip.

APPLICABLE LAW

The laws of Scotland govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Scotland and both parties submit to the exclusive jurisdiction of the Scottish Courts.

PRIVACY POLICY

Any personal information that we collect about you may be used for any purpose associated with the operation of a trip or to send you marketing material in relation to our events and special offers. Any marketing material will be delivered via email and will include options to unsubscribe at any time.

Necessary information may be disclosed to our partners, service providers or other suppliers to enable us to operate the trip. We will otherwise treat your details in accordance with our privacy policy.

FINANCIAL INFORMATION – Payment

  • Wilderness SUP accepts payment for Trips, Lessons, Tours, Vouchers or Shop Products in pounds sterling only.
  • We accept online transactions using a bank to bank transfers, credit card, debit card.
  • Payment for lessons, tours, and vouchers is requested prior to arrival.

SHOP – TERMS OF TRADE

Ordering

  • Wilderness SUP will only confirm orders after checking stock or availability.
  • A limited retail stock is held and Wilderness SUP uses external suppliers to offer a wider choice.
  • Whenever possible Wilderness SUP will keep stock responses within a 4 working day delivery time after confirmation with customers for all products.

Delivery

  • UK Mainland – Postage costs are payable at the point of sale.
  • All other orders are subject to customer communication first. Overseas
  • All overseas postage reviewed on a case by case basis. Returns

Should there be an issue with your products at any stage Wilderness SUP will aim to solve this quickly as possible. Wetsuits, rash guards and other neoprene items cannot be returned after being used in water.

  • Returns are accepted within seven days of receipt by the customer where the item is returned in original packaging and condition.

GIFT VOUCHERS

  • Wilderness SUP Vouchers must be used within a one year (12 Months from purchase date) time frame from point of purchase.
  • Wilderness SUP does not offer refunds for vouchers.
  • Gift Vouchers are redeemable for any activities provided by Wilderness SUP CO.
  • Multiple Gift Vouchers may be redeemed in the same transaction up to the value of the activities being purchased
  • Gift Vouchers cannot be exchanged for cash
  • Gift Vouchers must be submitted with the participant on the activity
  • Gift Vouchers will expire on the date purchased, a 12-month expiry. Gift Vouchers presented after their expiry date will be treated as void and are non-exchangeable and non-refundable
  • Gift Vouchers cannot be returned or refunded, except in accordance with your legal rights
  • Wilderness SUP CO. reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher if, at its discretion, it deems such action necessary
  • The guest is free to request their preferred date within the Gift Vouchers validity period, however, it is dependant on availability and, in some cases, may be subject to weather conditions
  • To avoid disappointment we recommend that guests book well in advance. Wilderness SUP CO. may occasionally be able to fit in a booking at short notice. We recommend booking as early as possible as you must have undertaken your activity before the expiry date of your Gift Voucher which is 12 months after the date of purchase. We strongly advise that you do not make any travel, accommodation or other arrangements until you have received confirmation of your booking. Once a date has been booked with us your Gift Card will be deemed to be used at that point
  • Some paddleboarding activities are subject to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary so please check before making your booking
  • We reserve the right to vary the prices of the activity which we offer. Current prices can be found on our website www.wildernesssup.co
  • We reserve the right to make changes at any time to the session and services we provide if they become necessary due to circumstances beyond our control.
  • Extensions to the period of use may be considered under exceptional circumstances and will be considered on a case by case basis.

VAT – All products and services shown are inclusive of VAT.

Ownership

The website www.wildernesssup.co is registered to Wilderness SUP HQ, Craigvale, Kinfauns Holdings, West Kinfauns, Perth, PH27JX

COMMUNICATION, DATA PROTECTION, AND PRIVACY

  • All information stored by Wilderness SUP will solely be used for Wilderness SUP information, service and
  • marketing purposes.
  • Wilderness SUP will not share your details with any external or third parties. Except in Competition with our Partners which you sign up for.
  • All customer information held by Wilderness SUP is subject to the Data Protection Act 1998.
  • As a further condition of my Participation in the trip, I grant Wilderness SUP LIMITED perpetual and non- revocable permission to photograph and video in which my image and likeness appears in connection with my participation in the trip and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto, including any advertisements or media and electronic displays and transmissions thereof.
  • All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Wilderness SUP Site (www.wildernesssup.co ) and all content shall remain the property of Wilderness SUP and its partners.
  • You may not copy, reproduce, publish, download or post the website content in any way unless prior permission is given by Wilderness SUP or its partners.
  • The names, images, and logos identifying Wilderness SUP and their products and services are subject to copyright, design rights, and trademarks.

LIABILITY

  • Wilderness SUP will not accept liability for any damage or loss to clients’ personal property.
  • Paddler’s purchase all ancillary products and services at their own risk and the club does not accept responsibility for any personal items that are damaged, lost or otherwise affected during the course of using or consuming any such product or service.
  • All activities and are taken at the client’s own risk.
  • Neither Wilderness SUP nor it’s agents shall be liable for personal injury sustained by clients whilst on the trip, except in so far as it can be proven that this relates to the wilful act, neglect or default of Wilderness SUP or any of their agents.
  • Paddler’s who suffer an accident or injury while undertaking a Wilderness SUP activity must report the accident or injury, and the circumstances in which it occurred to a member of staff immediately following the accident or injury.
  • Paddlers must warranty and represent that they are in good physical condition and capable of doing exercise; if through injury or other reason, such as pregnancy, this is not the case, they must consult a Doctor prior to the activity.
  • All paddlers must have read and signed our waiver prior to participation. Failure to do so will result in you being stopped from participating.
  • Wilderness SUP reserves the right to retain 100% of this payment if the trip/class is not attended.

COMPLAINT PROCEDURE

If you have a complaint during your tour, you must promptly notify Wilderness SUP CO. or your trip leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on tour will extinguish or reduce your ability to claim compensation from Wilderness SUP CO. Further, if you attempt to address the problem on your own without using this notice procedure, you assume the responsibility of added costs you may incur and forfeit any potential refunds.

If you are not satisfied after using this notice procedure, you must submit your complaint in writing to Wilderness SUP CO. within 14 days of the trip’s end date.

REGISTERED ADDRESS

Wilderness SUP LIMITED, Carrigvale, Kinfauns, Perth, PH2 7JX, Scotland, UK. Please note that we are a Scottish registered company (SC452571). We are based and operate within Scotland and as such we are governed by Scots laws. All prices and payments shall be processed in Sterling (£GBP). You agree that your booking and contract with us shall at times be governed by Scots Law and jurisdiction, regardless of where in the world you may reside.