Terms and Conditions

definitions in these terms and conditions

• The company means Northern Mountain Sport (Ltd). – The operating company for Alpine Mountain Guides.
• Registered Address Kemp House, 128 City Road, London EC1V 2NX
• Company No 07771106
• The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees servants, agents or sub-contractors of any such person, firm company or other legal entity.
• Service means any course or facility offered by the company
• Contract means a contract between the company 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 & conditions of provision.

• The contract shall be formed when the company acknowledges acceptance of the customers booking form and required payment.
• Participation in adventurous activities entails some risk of injury. All staff employed by the company are trained and appropriately qualified to run activity sessions and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
• Any customer under the age of 18 years must in the first instance be accompanied by his/her parent or guardian before being able to take part unaccompanied in any adventurous activity/course (as defined by AALS) offered by the company. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
• The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. With the exception of fair wear and tear the company 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 company.
• The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
• Neither the company website or literature constitutes an offer and the company may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
• All information is produced in good faith that it is accurate at the time of going to press.

Any current price list replaces all previous price lists.

Applicability of Terms & 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 company.

Fees

• Places can only be reserved by the company receiving a completed booking form and a non-refundable deposit; or
• 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 company will have the discretion to treat the booking as cancelled by the customer. The time for payment shall be the essence of the contract.
• The whole course fee is required to reserve a place for any booking made within 6 weeks of the commencement of the course.

Cancellation by the customer

All cancellations must be in writing via email. The company 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.
• 75% of the total course fee where cancellation takes place less that 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 1 – 14 days 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 company

Whilst every attempt is made to ensure that courses/activities actually run, the company 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 company shall notify the customer of cancellation not less than five days prior to 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 company does not affect a customer’s right to a refund of travel costs that he/she may have incurred prior to 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 on all the courses/activities customers are expected to be of good general health. The medical section 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 own capabilities. The company 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 company cannot accept responsibility for not being able to deliver special dietary needs at short notice.

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 Northern Mountain Sport staff to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by Northern Mountain Sport 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 company or it’s representatives.

Complaints

If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything to the guide verbally. If your complaint is not resolved to your satisfaction please write to Tim Blakemore, via email at: – tim@northernmountainsport.co.uk

Your concerns will be dealt with within 28 days of writing.

Force majeure

The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act 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.

Limitation of Liability

The company limits its liability to the maximum extent permitted by law as follows;

• The company shall have no liability for any loss or damage suffered by the customer or any other person
• As a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer or its employees or agents
• For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the company
• Any failure by the company to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
• The company’s liability in respect of death or personal injury caused by the company’s negligence shall not be limited.

Applicable law

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

Tim Blakemore Mountain Guide is personally insured (Professional Liability) through an Austrian policy and jurisdiction is Austrian (2023).