Application
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Shed to Summit Ltd a company registered in England and Wales under number 11906989 whose registered office is at Kemp House, 160 City Road, London, EC1V 2NX with email address info@shedtosummit.com; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier premises or other location where the Services are to be supplied, as set out in the booking.;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Booking means the Customers Booking; for the Services from the Supplier as submitted following the step by step process set out on the Website;
8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
9. Services means the services advertised on the Website, and description set out in the Booking;
10. Website means our website www.shedtosummit.com on which the Services are advertised.
Services
11. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be differences in the Services supplied, depending on the meteorological, environmental and commercial conditions that prevail at the time of service delivery.
12. In the case of Services developed to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Services which appear on the Website are subject to availability.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
15. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and provide us with all information required to perform the Services.
16. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
17. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Services on our website does not constitute a contractual offer to sell the Services. When a booking has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Booking process is set out on the Website. Each step allows you to check and amend any errors before submitting the booking request. It is your responsibility to check that you have used the booking process correctly.
22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Booking (Booking Confirmation). You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Booking placed by you. By placing a Booking you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Booking Confirmation).
23. You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event before performance begins of any of the Services.
24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
27. The fees (Fees) for the Services and any other charges is that set out on the Website at the date we accept the Booking or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
28. A deposit of 20% is required to secure a booking
29. Payment of the final balance must be made 14 days before the provision of Services.
30. Fees and charges include VAT at the rate applicable at the time of the Booking.
31. You must pay by submitting your credit or debit card details with your Booking and we can take payment immediately or otherwise before delivery of the Services.
Delivery
32. We will deliver the Services, in the Delivery Location by the time or within the agreed period or, failing an agreement within a reasonable time; and
33. In any case, if we do not deliver the Services, you can request us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges, but will take into consideration the causal factors in not delivering the services.
Withdrawal and cancellation
34. You can withdraw the Booking by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
35. This is a distance contract (as defined below) which has the cancellation rights set out below.
Right to cancel
36. Subject as stated in these Terms and Conditions, you can cancel this contract up until 14 days prior to the Trip, Service or Booking start date, without giving any reason.
37. The Cancellation Period will expire after 14 days prior to the start date of the Trip, Service or Booking for which the Contract was entered into.
38. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
40. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
41. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.
Payment for Services commenced during the cancellation period
42. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Timing of reimbursement
43. We will make the reimbursement within 14 days, using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Cancellation by you outside the Cancellation Period
44. In the event of Cancellation by you, outside of the Cancellation Period (ie less than 14 days prior to the Trip, Service or Booking commencing), you will not be entitled to any reimbursement. We recommend you arrange suitable travel insurance to cover any potential losses
Cancellation by us
45. If Shed to Summit Lyd has to cancel a Trip, Service or Booking for any reason, an alternative will be offered or a full refund given. We will not be liable for any expenses which you may have incurred as a result of your booking or in expectation of the trip taking place. We recommend you arrange suitable travel insurance to cover any potential losses.
Insurance
46. All clients must be insured for personal injury or illness, medical treatment, rescue and repatriation costs, including air rescue.
47. It is recommended your insurance covers you for loss of earnings and/or cost of care in the event that you suffer injury or illness during the activity and while travelling; liability you might incur to third parties; and against costs you might incur in the event of cancellation or curtailment of the tour or your participation in it.
48. You must ensure that your insurance covers you for alpine snowshoeing and trekking appropriate to the tour and the altitudes we are likely to visit. (Snowcard and the BMC offer this type of insurance).
49. Shed to Summit Ltd reserves the right to exclude those without proper insurance from a Trip, Service or Booking without refund.
50. You confirm that you will arrange adequate insurance against such risks. You must bring all insurance documents with you on the tour.
Damage or loss of loan or hire equipment:
51.In the event of any damage or loss of loan or hire equipment the client will be responsible for repair or replacement.
Conformity
52. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Services will
a. be of a satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Services; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials, skills, fitness or willingness to participate in the receipt of the Contracted services.
55. We will supply the Services with reasonable skill and care.
56. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract.
Itinerary:
57. Every effort will be made to adhere to the original itinerary for the trip but changes may occur to both travel and guiding itineraries due to external factors beyond Shed to Summit Ltd’s control. The Trip Leader will consult the clients on this but you must accept that the final decision rests with the Leader. In particular, the Leader has total discretion to alter programs at any time in the interests of client safety, mountain or weather conditions. In the unlikely event that changes are made to the itinerary, any extra costs will be met by the client.
58. It is understood that if you decide to voluntarily leave a Trip, Shed to Summit Ltd has no responsibility for your safety or well-being or for any consequential expenses.
Duration, termination and suspension
59. The Contract continues as long as it takes us to perform the Services.
60. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
61. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
62. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
63. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer;s above rights relating to delivery (and the right to cancel below).
64. We do not accept liability for the consequences of strikes, riots, acts of war or terrorism, disease outbreaks, government intervention, natural disasters or adverse weather conditions. If such occurrences cause the Trip we to have to cancel a course or trip we will offer an alternative holiday if possible, but accept no liability for the return of fees paid prior to cancellation or curtailment if falling outside the Cancellation Period (ie within 14 days of the trip commencement date).
Liability, Risk, Accidents and Disclosure
65. Liability: The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Suppliers other legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
66. Risk Statement: We use only International Mountain Leaders, fully qualified and insured to lead groups snowshoeing, trekking, fast-hiking and trail-running in the mountans. We operate to high professional standards and you must understand that these activities have inherent risks and may take place in hazardous mountain environments. Risks can be minimised through good judgement however certain dangers are unpredictable and cannot be eliminated. Your booking is accepted on the basis that participants are aware of and accept these risks and take responsibility for their own actions and involvement.
67. Accidents: You hereby agree that, except in respect of death or personal injury caused by the negligence of your leader, your leader will not have any liability for any loss, damage, injury or death which you may suffer in connection with this activity nor for any failure by you to take out adequate insurance.
68. Medical Disclosure: It is assumed by booking a trip that you are physically fit enough to participate in the activity. You are advised to seek advice from a qualified medical practitioner if you have any doubts or concerns about your health or fitness. Clients must provide the leader with information on any pre-existing medical conditions, medications taken and on their level of fitness and previous experience.
Privacy
69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
71. For the purposes of these Terms and Conditions:
a. Data Protection Laws; means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. GDPR; means the UK General Data Protection Regulation.
c. Data Controller; Personal Data; and Processing; shall have the same meaning as in the GDPR.
72. We are a Data Controller of the Personal Data we Process in providing the Services to you.
73. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
74. For any enquiries or complaints regarding data privacy, you can e-mail: kev@shedtosummit.com.
Governing law, jurisdiction and complaints
75. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
76. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
77. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution.
78. If you have a complaint about the Leader or service you receive at any point during the tour, you must notify the Leader involved as soon as possible to give them the opportunity to rectify the situation to a mutual agreement.
79. If the complaint is unresolved to your satisfaction during the trip you must put the details in writing within 28 days. We will aim to respond with an appropriate solution within 5 days.