The following terms and conditions (“booking conditions”) form the basis of your contract with Wild Weekends Limited of 40 Rockside View, Matlock, DE4 3GP, a company registered in England with company number 13888338. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
These booking conditions apply to all arrangements for your adventure trip which we agree to make, provide or perform, as applicable, as part of your contract with us where these arrangements are booked with our UK office. All references to “adventure”, “trip” or “arrangements” mean such arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Wild Weekends Limited. References to “departure” mean the start date of the arrangements you have booked with us.
The Package Travel and Linked Travel Arrangements Regulations 2018 will apply to your contract. For more information on your rights under these regulations please see the link https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
1. Making your booking
Please contact us via our website (www.wildweekends.club) to discuss your requirements. The person who makes the booking (“lead booker”) will need to complete the information required in the online booking form.
The lead booker must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The lead booker, who must be at least 18 when the booking is made, is responsible for making all payments due to us.
At the time of completing the booking form you will be asked to pay a deposit, usually 50% of the total cost, once we receive your completed booking form and the deposit, we will, subject to availability, confirm your adventure by sending a written confirmation of the booking to the lead booker together with a welcome pack, kit list and any other applicable information.
A contract between us will come into existence when we issue the confirmation to the lead booker.
You must check this confirmation and all other information (including the schedule and costing) carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, or any other document, appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits, but you must meet
any costs involved in doing so.
You may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) to nickcarter884@hotmail.com.
2. Payment
For most bookings a deposit of 50% of the total adventure price is payable at the time of booking. This will be confirmed prior to you making your booking. The balance of the trip cost must be received by us not less than 4 weeks prior to departure.
It is the responsibility of the lead booker to ensure we receive payment of the balance on or before the due date. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment but fail to do so, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.
3. Your contract
A binding contract between us comes into existence when we issue our written confirmation to the lead booker. We both agree that English law (and no other) will apply to our contract and to any dispute, claim or other matter of any nature which arises between us, including any non-contractual claim, (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) which arises between us must be dealt with by the courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English
law will apply).
4. Insurance
It is strongly recommended to have appropriate travel and cancellation insurance for the duration of your adventure, but it is not a condition of our acceptance of your booking. This insurance should include cover for (i) cancellation or curtailment of your adventure as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses (v) cover for costs and liability arising from any specific activity you intend to participate in. Please note, it is your sole responsibility to ensure that the insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy).
5. The cost of your trip
Please note, changes and errors occasionally occur. You must check the price of your chosen adventure at the time of booking.
We reserve the right to increase or decrease the prices of unsold arrangements at any time. We also reserve the right to increase or decrease and correct errors in advertised prices at any time before your adventure is confirmed. Covid-19 and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing and limits on capacity) may impact the price of our adventures. Such measures may be introduced or changed with little or no prior notice.
Once the price of your chosen adventure has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including without limitaiton tourist taxes or (iii) the exchange rates relevant to the package.
You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this clause which occurs between confirmation of your booking and the start of your trip.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your trip arrangements, which excludes insurance premiums and any amendment charges. We are entitled to charge you for any increase in our costs over and above that. If any surcharge is greater than 8% of the total trip cost, clause 10 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure.
Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the trip cost or within 14 days of the issue date printed on the invoice, whichever is the later.
6. Special requests and medical conditions / disabilities / reduced mobility / infectious disease and
allergies
If you have any special request, you must include full details on your booking form at the time of booking. Although we will endeavour to pass any reasonable requests on to our suppliers, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) where it is important to you.
Our adventures may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed adventure trip is generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
If you suffer from any medical condition, disability or significant reduction in mobility which may affect your adventure (including any which affect the booking process) or have any special requirements as a result, please provide full details on your booking form so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us in writing if any medical condition, disability or reduced mobility which may affect your trip develops after your booking has been confirmed.
You must advise us before departure in the event you contract any infectious disease. We reserve the right to refuse to allow you to join the trip in this event.
We will advise our suppliers of any allergy information you provide us with. However, you must take appropriate precautions to protect yourself whilst on your adventure. Without limitation, it is your responsibility to ensure that any food you are intending to consume does not include anything to which you are allergic at the time you order or purchase this.
7. Changes by you
Should you wish to make any changes to your confirmed adventure, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee will be able to meet any such requests. Changes after booking may not be possible. Where a requested change can be made, we reserve the right to charge an administration fee of £50 per person together with any costs we incur and any costs or charges incurred or applied by our suppliers. Some changes, such as a change of dates, may also be treated as a cancellation and rebooking.
Changes may result in the recalculation of the adventure price where, for example, the basis on which the price of the original adventure was calculated has changed.
If any person is prevented from going on the adventure, that person may transfer their place to someone else (introduced by you) providing we are notified not less than 7 days before the start of your adventure. The person to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or applied by any supplier(s) as a result together with an administration fee of £50 per person transferring their place must be paid before the transfer can be effected. Any overdue balance payment must also be received.
8. Cancellation by you
You may cancel your confirmed booking at any time before departure. You may also transfer your place on the adventure to someone else as referred to in clause 7 above. Should you need to cancel, the lead booker must immediately advise us in writing. Your notice of cancellation will only be effective when it is received by us in writing and it is your responsibility to ensure that it has reached us. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. These charges will usually be those set out below but may sometimes be higher to reflect the cancellation charges of individual suppliers. You will be advised at the time of booking where this is the case. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable.
Period before departure within which written notification of cancellation is received by us: More than 61 days: full deposit retained but may be used as a credit towards a different adventure (at our discretion.)
Between 31 and 60 days: full deposit retained
Less than 30 days: 100% of total trip cost retained
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
We will not make any refunds in respect of any unused element of your adventure.
9. Changes and cancellation by us
(1) We reserve the right to make changes to your adventure in accordance with this clause 9. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may have to make a significant change to your confirmed booking. Where we have to do so, clauses 9(4) and 9(5) will apply.
(2) All alterations which are not significant will be treated as insignificant changes. In booking one of our adventures, you are taken to have agreed that the suggested activities outlined in the schedule and your booking documents are not contractually binding and that while we will endeavour to provide the suggested activities, changes may be made for the reasons referred to in clause 9(1). Occasionally, we have to significantly change your booking before departure. Taking account of clauses 9(1) and 9(2), this will be the case where the changed adventure is materially different to that confirmed at the time of booking.
(3) Please bear in mind that covid-19 and the measures and other action taken by governments, public authorities and businesses to manage its effects may continue to have an impact on travel arrangements. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your trip will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(4) Group adventures may require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such adventures where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your adventure. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason, if your holiday is 6 days or longer 20 days before departure, for holidays lasting 2 – 6 days 7 days before departure and for holidays less than 2 days no later than 48 hours before departure.
(5) In the event we have to significantly alter your confirmed adventure before departure, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(6) If you choose to cancel your booking in accordance with clause 9(5), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation as above. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 10).
(7) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted arrangements as a result of unavoidable and extraordinary circumstances (see clause 10) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of individual bookings necessary for us to operate your trip has not been achieved and we notify you of cancellation for this reason as referred to in clause 9(4). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 9(6)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 8 will apply.
(8) Please note, a full refund entitlement only arises where we are prevented from performing your contracted arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 9(7) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your trip rather than our ability to perform or provide the contracted arrangements.
(9) In the event that unavoidable and extraordinary circumstances (see clause 10) occur in the place of destination of your adventure or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred cancellation or amendment charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 9(6) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation or payment of any costs or expenses you have incurred in connection with your adventure.
10. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means any event or situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood and drought. Unavoidable and extraordinary circumstances also include the covid-19 pandemic (and any other pandemic) and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
11. Our Liability to you
(1) We promise to make sure that the adventure trip arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted adventure trip arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted adventure trip arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or performing the services we had contracted (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your adventure and which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances as defined in clause 10 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, our obligation is to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to your claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. Please note, our obligation is to exercise reasonable skill and care as referred to in clause 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 11(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total trip cost (excluding any amendment charges) paid by or on behalf of the passenger(s) affected in total unless a lower limitation applies to your claim under clause 11(6) below.
(6) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, where we have arranged that travel as part of our contract with you, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 11(6). The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation which applies to the travel arrangements in question. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses (including without limitation, self-employed loss of earnings).
12. Complaints and problems
In the unlikely event that you have any reason to complain or consider that there has been a failure to perform or improper performance of any of your contracted trip services whilst you are away, you must immediately inform us and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to us and the supplier as soon as possible. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return from your adventure giving your booking reference and full details of your complaint / claim. Only the lead booker should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
13. Assistance
In the event you end up in difficulty (of any sort) during your adventure, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and by assisting you to alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
14. Behaviour and damage
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us or the operator / other supplier and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all people on the booking to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, any person behaves in such a way as to cause or be likely to cause danger, upset or distress to any other person or damage to property, we are entitled, without prior notice, to terminate the trip arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the adventure. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
15. Conditions of suppliers
Some of the services which make up your adventure are provided by suppliers who are independent of us. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
16. Financial Protection
We deposit the money you pay for your adventure into a trust account which is a special bank account designated to hold your money. Your money remains in the trust account until your adventure has finished. The account is supervised by an independent appointed trustee. Both we and the trustee are required to authorise payments from the trust account. Should we become insolvent, your money will still be held within the trust account by the designated trustee. You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 at https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
17. The Nature of our adventures and brochure / website / advertising material accuracy
The information and particulars included on our website and in any information sheet or schedule prepared by us have been checked and great care taken to ensure that such information and particulars are accurate when published. However, errors may occasionally occur and information may subsequently change so you must ensure you check the up to date position at the time of booking.
Arrangements and schedules are often planned far in advance and changes can occur. We reserve the right to make changes to any published details including (subject to clause 5) prices and any schedule at any time. If you contact us about a proposed booking and changes have been made to the published information, we will do our best to inform you of all such changes before your booking is confirmed. Once your booking has been confirmed, we will try to ensure that the trip is run as booked, but in rare circumstances it may be necessary to make changes after confirming.