Terms & Conditions
Wilderness Scotland Ltd is inclusive and all our office team, guides and guests should treat each other with respect. We do not tolerate comments or behaviour from the public or within the group that are racist, homophobic, transphobic, ableist, ageist, fatphobic or ‘othering’ and stereotype or generalise groups of people or individuals. We do not tolerate harassment, victimisation, discrimination or bullying.
Our commitment to you: Your contract is with Wilderness Scotland Ltd (hereinafter also referred to as “WS” or “we” or “us”), of Inverdruie House, Aviemore, PH22 1QH, United Kingdom, registered in Scotland under Company No. 211011. All holidays you book with us are organised and sold subject to the conditions below.
Booking and Payment
1) To confirm your booking you are required to pay a non-refundable deposit of 25% of the trip price. Your balance must be paid by the due date shown on your invoice or in correspondence and failure to do so may result in the cost being increased or ultimately cancellation. Once we receive your deposit and having accepted your booking form, the contract between us will become binding and we will send you an invoice for the balance and advise you of the date for payment of the same. Brochure and website prices are quoted in UK Sterling. However payment will also be accepted in US Dollars and Euros by bank transfer (charges may apply). Payment will be accepted by:-
- Maestro, Visa Electron, Visa Debit and Solo debit cards or Visa/Mastercard/American Express credit cards (a surcharge of 2.0% will be levied for payments by credit card and non-UK debit cards).
- Bank Transfer (details available from our office).
Cancellation of Booking
2) Any cancellation must be notified in writing by the person who made the booking. If you cancel your holiday:
a) more than 56 days prior to the start of your holiday, you will only be charged your deposit plus any insurance premium paid.
b) between 56 and 30 days, you will be charged 50% of the holiday cost plus any insurance premium paid.
c) less than 30 days before the start of your holiday or on or after the commencement of the holiday, you must pay the full holiday price plus any insurance premium paid.
Note: We appreciate that wholly unforeseen events may result in cancellation. We therefore strongly advise you to take out insurance against irrecoverable cancellation cost (see Point 8 below). You will be advised of the exact amount of any cancellation charge prior to the cancellation being finalised.
Changes or Cancellation by Us
3) Before you enter into a contract with us, we reserve the right to change any of the facilities, services or prices described in our brochure or website. We also reserve the right to cancel the holiday. For example, if the minimum number of clients required for a trip is not fulfilled, we may have to cancel your holiday. It is unlikely we will have to make any changes to your holiday and any changes are usually very minor. If a major change becomes necessary, we will inform you as soon as reasonably possible if there is time before your holiday begins. A major change is an alteration of the start or finish time of your holiday by more than 12 hours, a change of holiday location or a change to a lower standard of accommodation. When a major change or cancellation occurs you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us, or cancelling your holiday. We will refund all payments made directly to us in respect of the holiday cost and travel insurance. We will not refund any personal expenses you may have incurred as a result of your booking such as flight payments for land-only trips, travel insurance, equipment purchases, visas, vaccinations etc. Where a major change or cancellation arises from circumstances amounting to force majeure (see below), we will endeavour to refund all sums as yet unpaid by us to our suppliers, however it is your responsibility to claim the remainder of any irrecoverable payments and charges from your travel insurers.
Changes by the client
4) If a client, after booking onto a trip and paying a deposit and/or full payment, would like to change onto an alternative trip, an additional administration fee of £50 is charged. If the trip originally booked starts within 8 weeks of the request to change trips being made, any such change may be treated as a cancellation by the client, in which case the cancellation conditions in section 2 will apply.
5) Any information provided by Wilderness Scotland on such matters as climate, clothing, baggage, travel, accommodation, special equipment etc. is given in good faith but without responsibility on the part of Wilderness Scotland.
Adventure Travel and Client Responsibility
6) It is a fundamental booking condition that you accept the hazards involved in this sort of trip and you accept that in visiting remote and mountainous regions there is an element of on-tour flexibility. The itinerary stated in the trip dossier is indicative only and not a guarantee that a particular route will be followed or place reached. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment, details of which will be sent to you at the time of booking. If, in the opinion of the Wilderness Scotland Guide or Staff, your fitness or equipment may compromise the safety of a trip we reserve the right to cancel or terminate your holiday. In these circumstances you will not be entitled to a refund nor compensation.
7) Accommodation is usually in twin or double rooms unless stated otherwise and we request that clients who book individually share a twin room. Where a single room is requested, we will try to accommodate this but a single supplement will often apply – please check at the time of booking. When making a booking you accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced for the relevant amount. On some itineraries please note that no single accommodation is available.
Personal Travel Insurance
8) It is a condition of booking that you are insured against medical and personal accident risks. This must cover the activities undertaken and include repatriation costs, cancellation and curtailment.
Wilderness Scotland works with Campbell Irvine insurance whose policies are specially designed for adventure holidays. This insurance can be arranged directly with Campbell Irvine by telephone, email, post or online and we will send details along with your booking confirmation. Campbell Irvine can provide travel insurance for all EU residents (other than those of Switzerland, Russia, Belarus, Montenegro and the Ukraine). if you reside outside the EU the Campbell Irvine have partnered with IMG Globe Hopper, who can arrange insurance for persons living anywhere in the world.
If you choose not to take out insurance through Campbell Irvine, it is your responsibility to ensure that the insurance cover you purchase is adequate and you must complete the declaration in the booking form to confirm this. You must provide proof of this insurance to our office (i.e. your insurance certificate) prior to departure along with written confirmation from your insurer that they will meet any rescue fees incurred without their advance approval. If you cannot provide this documentation, we reserve the right to cancel your booking at any time prior to the departure date.
In the event of emergency medical rescue and/or repatriation from a trip by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover is in place. We strongly recommend that you take out an insurance policy at the same time as booking.
All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment. We therefore recommend that your insurance policy includes cover for baggage and personal items.
Medical Conditions & Dietary Requirements
9) If you are affected by a medical condition which may affect your or other people’s enjoyment of the holiday, you must advise this at the time of booking. Similarly you must advise us of dietary requirements at the time of booking.
Independent Travel Arrangements
10) We will not be responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose to leave) or after the holiday.
11) If you have a complaint about the holiday you should make it known to your guide/leader at the earliest opportunity. If you are on a trip without a guide, or if you do not feel that your guide has dealt with your complaint in a satisfactory manner, we encourage you to contact our office as soon as possible so that we can help find an agreeable solution during your trip. Any outstanding complaint not resolved during the trip should be notified to us in writing within 30 days of the scheduled date of return.
Our Liability & Compensation
12) Wilderness Scotland will accept liability for the negligence of its employees causing direct physical injury to passengers only to the extent that it is obliged under Scottish law. We cannot be held responsible for any mishap to yourself or your property, and in particular for the consequences of flight cancellations, vehicle accidents, strikes, sickness, Government or customs or police intervention or other such happenings amounting to force majeure. Wilderness Scotland and its employees are covered by world-wide public liability insurance up to a maximum of £5,000,000 in any one event. By signing our booking form you acknowledge that we have taken all reasonable steps to safeguard its liability in this respect.
We shall not be liable for any damages caused by the total or partial failure to carry out the holiday if such failure is: attributable to anyone other than the Wilderness Scotland’s staff; unforeseeable or unavoidable and attributed to a third party unconnected to us; a result of unusual or unforeseeable circumstances, reasonably beyond the control of Wilderness Scotland; a result of an event which Wilderness Scotland or any of its agents, even with all due care, could not foresee. Where Wilderness Scotland are found to be liable for damages in respect of its failure to carry out the holiday, the maximum amount of such damages, compensation and loss of enjoyment will normally be limited to two times the cost of the trip. Where the damage relates to damage caused by the provision of road, rail, river or sea transport, or hotel accommodation, any compensation payable will be limited by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). All air transport is undertaken entirely at your own risk. Any independent arrangements you make which are not part of the trip are entirely at your own risk.
Your Financial Protection
13) Your financial security is guaranteed. Wilderness Scotland Ltd is a licensed and bonded tour operator with the Civil Aviation Authority. Any trip which you book that includes air travel in the price is covered by our Air Tour Organisers Licence (ATOL – No 6850) and bond. For trips that do not include air travel, we have a separate bond in place with the Association of British Travel Agents (ABTA). In the unlikely event of financial failure before departure, the appropriate bond will be applied to the refund of your trip payments. If the trip is underway, the bond will be applied to complete the trip or, if this is not possible, you will be repatriated to the UK.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”
“If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”
Variation of Booking Conditions
14) The booking conditions may only be waived by a Director of Wilderness Scotland in writing. When you sign the booking form you agree to accept all these booking conditions, and when we accept your booking we agree to carry out our obligations to you as defined in holiday information provided to you. Both sides of this agreement are made subject to, and must be interpreted and enforced according to Scottish Law in a Scottish Court.
Wilderness Scotland Ltd – 1 January 2015