Booking Terms and Conditions

Last updated: 09/17/2022

These booking conditions form the basis of your contract with the Shieling Project Community Interest Company trading as the Shieling Project, a company registered in Scotland under company number SC455760, whose registered office is at Dunmaglass, Struy, Beauly, Inverness- shire, IV4 7JX (“we”, “us”, “our” or “the Shieling Project”). Please read them carefully as they set out our respective rights and obligations. In these booking conditions references to "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. “Visit”, “booking” and “arrangements” means such arrangements as we make for you. References to “departure” are to the start date of the arrangements we have contracted to provide. By making a booking, the first named person on the booking (the attendee, parent/guardian or party leader) who must be at least 18 when the booking is made, agrees on behalf of all persons detailed on the booking that:

• he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
• he/she agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any of any changes to the arrangements;
• he/she consents to our use of information in accordance with our privacy policy;
• where he/she is making a booking for services with age restrictions he/she declares that he/she and all members of the party are of the appropriate age to book those services; and
• he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking. Our Covid-19 cancellation policy This policy applies to all bookings. If new UK, Scottish or local government regulations prevent us from going ahead with your arrangements at any time up until the arrival date, we will inform you as soon as possible and refund all monies paid by you for the booking. If you are travelling from a country other Scotland and the regulations of your home country prevent you from proceeding with your booking normal cancellation charges will apply.

1. Making a booking

A booking is made with us when:

• a) the party leader tells us that they would like to accept our written or verbal quotation or you register for a public course; and
• b) you complete the online booking form; and
• c) you pay us a deposit (or full payment, if required at the time of booking); and
• c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.

Subject to the availability of your chosen arrangements, we will confirm your arrangements by issuing a booking confirmation. Please check this confirmation 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 liability if we are not notified of any inaccuracies (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. Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to sam@theshielingproject.org

2. Paying for your booking

In order to confirm your chosen arrangements, you (or your party leader / teacher in the case of a group or school booking) will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you, this date will be shown on the booking confirmation and is usually 4 weeks prior to the arrival date. Reminders are not sent. If we do not receive all payments due in full and on time we are entitled to assume that you wish to cancel your booking – see clause 8 for information on cancellation by you. Payment can be made by any lawful means as long as the money we receive is the amount you owe. This means if you are paying by bank transfer you may need to pay any charges your bank charges you when the payment leaves your account plus any bank charges when the payment is received in our account. All payments are exempt from VAT. Once your booking is confirmed we will not charge a surcharge if our costs increase.

3. Your contract

A binding contract between us comes into existence when to you. We both agree that Scottish law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of Scotland only unless, in the case of court proceedings, you live in England, Wales or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of Scotland. If proceedings are brought in England, Wales or Northern Ireland, you may choose to have your contract and claim governed by the law of England and Wales/Northern Ireland as applicable (but if you do not so choose, Scottish law will apply).

4. Accuracy

The information contained in any promotional material is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and

information may subsequently change. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.

5. Insurance

We strongly recommend that you obtain appropriate insurance to cover the risk of cancellation, curtailment, personal belongings and personal accident. 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.)

6. Special Requests

If you have any special request, you should advise us at the time of booking within the booking form. Although we will endeavour to assist with any reasonable requests, 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 booking 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) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice. Our arrangements 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 arrangements are 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. Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking 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 if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.

7. Changes by you

If you wish to change any part of your confirmed arrangements, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. A change of holiday dates will normally be treated as a cancellation by you of the original booking and rebooking. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.

8. Cancellation by you

You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 7. If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing by post or email. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you e-mail or use recorded delivery. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. 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 Amount of cancellation charge notice of cancellation by you is received More than 28 days prior to departure - Loss of deposit 28 days to 14 days prior to departure - Loss of deposit plus 50% of the balance 14 days or less before departure -Loss of deposit and balance We will deduct the cancellation charge(s) from any monies you have already paid to us. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned after you have paid the applicable cancellation charge to us. 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 arrangements.

9. Changes and cancellation by us

• (1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so 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 be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of your booking. Where we have to do so, clauses 9(3) and 9(4) will apply.
• (2) All alterations which are not significant in accordance with clause 9(1) will be treated as insignificant changes. A change of accommodation to another of a similar standard and with similar facilities will be treated as an insignificant change. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on such arrangements for a considerable period of time. 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 holiday 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.
• (3) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, 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.
• (4) If you choose to cancel your booking in accordance with clause 9(3), we will refund all payments you have made to us within 28 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 28 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from force majeure (see clause 13). (5) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event we are prevented from performing your contracted holiday arrangements as a result of force majeure (see clause 13) and we notify you of this as soon as reasonably possible Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 28 days of the effective date of cancellation (see clause 9(4)) 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. (6) Please note, a full refund entitlement only arises where we are prevented from performing your contracted arrangements as a result of force majeure in accordance with clause 9(5) 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 rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to Scotland. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.

(7) We will not in any circumstances refund or be responsible for any expenses you may have incurred in connection with your booking such as flight payments, travel insurance, equipment purchases, visas etc where your booking is cancelled or changed as referred to in this clause.

10. Acknowledgement of risk and your responsibility

Camping and learning outdoors comes with a risk of personal injury. We have taken all reasonable steps to provide you with the level of care appropriate to these activities. However, you should be aware that certain risks remain which are always present outdoors, and which cannot be eliminated without destroying the learning and the experience. You may encounter rugged and rough terrain, physical effort will be required, there will be environmental risks and hazards (for example rain and mud), there will also be the risk of slips, falls, minor cuts, midges and ticks. We will provide clear instructions and safety advice, and it is important that you follows these. Within these boundaries our staff will do the utmost to provide a safe environment. We hold adventure activity liability insurance, all staff hold qualifications from the relevant National Governing Bodies, and we adhere to the HSE guidelines for these activities. We have risk management and assessment, child protection, and health and safety policies. Copies of these, insurance certificates and qualifications are available on request. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the visit of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of our services including leaving any accommodation. 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, costs or loss incurred as a result of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage must be paid directly to the supplier (or us) prior to departure. 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 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.

11. Independent travel arrangements

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. All transport booked independently by you is undertaken entirely at your own risk. If you are travelling from a country other than Scotland it is your responsibility to check entry requirements, vaccinations and other health requirements and to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results

in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 8.

12. Complaints

We make every effort to ensure that your holiday arrangements run smoothly but in the unlikely event that you have any reason to complain or may have a basis for making a claim in respect of any aspect of the arrangements, you must immediately inform the Shieling Project manager, Sam Harrison or the instructor involved, to give us the opportunity to put things right. None of our staff, apart from managers, have authority to promise refunds or compensation on behalf of the Shieling Project. Our complaints procedure includes review by non-working directors of the project. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office or by email within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

13. Force Majeure

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, force majeure. In these booking conditions, force majeure means a 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, significant adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Force majeure also include the coronavirus 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).

14. Our responsibilities

(1) We undertake to use our reasonable skill and care in the provision of any services which are provided by our employees in the course of their employment. (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 description 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 arrangements; or

• 'force majeure’ as defined in clause 13 above (3) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. For all other claims which do not involve death or personal injury, we limit the maximum amount we will have to pay you in the event that we are found liable to you on any basis to twice the cost paid by the person(s) affected.