Terms & Conditions

Nomans Adventure Terms and Conditions

OVERVIEW

The following booking conditions form the basis of your contract with Nomans Adventure Ltd. Please read them carefully as they set out our respective rights and obligations. By booking a tour with us, we are entitled to assume that you have read these booking conditions and agree to them.

When booking through Nomans Adventure you also agree to the Terms and Conditions set by our Suppliers(available on request).

Your contract with us is a contract for services and is subject to the Scottish law.

DEFINITIONS

References within the Booking Conditions to “Travel Arrangements” are to the accommodation, transport, activities, excursions and other services we feature on our website.

References to “Supplier(s)” mean the supplier of your travel arrangements / particular activity provider.

The references to “You” and “Your” means the persons named in the booking (including any person or persons added or substituted subsequently).

References to “We” “Us” and “Our” means Nomans Adventure.

References to “Trip” “Trips” mean the trips listed on our website.

PAYMENTS

In order to book your chosen trip, you must pay the required deposit at the time of booking. You are only asked to pay a deposit at the booking stage, the remaining balance of the cost must be paid no later than 60 days before your travel date. PLEASE NOTE: IF YOU DO NOT PAY ON TIME, WE HAVE THE RIGHT TO CANCEL YOUR BOOKING AND TO RETAIN THE CHARGE IN ACCORDANCE WITH THESE BOOKING CONDITIONS. But do not worry,we will send you a payment reminders well ahead of time.

Your booking is not confirmed until we receive payment of your deposit and you have received confirmation from us. Our trips have limited availability so early booking is advised to avoid disappointment. We strongly advise you not to book any travel arrangements until your trip has been confirmed by us.

You must pay the full balance by the due date set at the time of booking.

TRIP CONFIRMATION

Paying the deposit does not confirm your trip.We need minimum of 4 customers(and max 14) to book the trip,for it to be confirmed. So once you pay the deposit,you will receive the receipt of deposit payment. Once the trip is confirmed, we will send you an e-mail so you can go ahead with flight and all the other travel arrangements.

In the rare cases when the amount of 4 people is not reached, full deposit will be paid back to you.

FLIGHT BOOKINGS

We are not responsible for how you arrive at the starting point or trip location. We will provide information regarding how to get there and can assist with finding the best deals, however it is your responsibility to research and make your own travel arrangements.

Nomans Adventure is not booking your flights and will not be responsible for any problems or faults linked to bookings made with airlines. This should directly be dealt with the airline itself.

YOUR BOOKING

We act only as an agent in respect of all Trips we take and/or make on your behalf.

When booking a Trip through us you agree to our Terms and Conditions and those set by our Suppliers. It is your responsibility to check the booking conditions of the Supplier before entering into an agreement.

When you make your booking you agree that you have authority to accept and do accept on behalf of the party named in your booking, the terms of our Terms and Conditions and the Booking Conditions of the Suppliers.

The person making the booking must be at least 18 years of age and authorised to do so by all persons named in the booking.

You are responsible for making all payments due to us under your booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.

We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so.

You agree that Nomans Adventure is not responsible for any terms, conditions, warranties or representation associated with the Suppliers. While the utmost care is always taken to ensure you receive the best service from our selected Suppliers, your booking contract is between you and the Suppliers of your trip.

TRAVEL INSURANCE

You must take out suitable insurance for all your needs before you travel. We cannot be held responsible for any costs you may incur as a result of failing to do so.

PERSONAL RESPONSIBILITY

Taking part in activities, adventure sports, action sports carries a high risk of damage, personal injury or death. By booking an event with us you agree that Nomans Adventure is not responsible for any injury, damage to property or death.

Nomans Adventure does not accept or assume any responsibility or liability for accidents, injuries or even death occurred while taking part in any ‘experience’.

TRAVEL DOCUMENTS AND HEALTH ADVICE

It’s your responsibility to make sure you have valid travel documents (e.g. Passport, Visa) and have followed health advice. For up to date UK Government health & travel advice please visit www.fco.gov.uk.We can’t accept any liability for your failure to do this.

SPECIAL REQUESTS

Special requests must be made at the time of booking. We promise we will do our best to accommodate but we cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.

ITINERARY

The itinerary is a guide to which we will attempt to adhere, but it may be necessary to alter this at short notice as a result of circumstances or events outside our control such as adverse weather or road conditions or any of those amounting to force majeure, or due to the operating conditions imposed by owners and operators of accommodation, facilities and transport. Sometimes we just vote among customers of the Trip and change the itinerary and sometimes it might be not to everyone’s satisfaction.Your itinerary will, however, be the same in content as far as is reasonably possible, unless circumstances beyond our control make this impossible. Should weather conditions involve you in extra costs such as accommodation, transportation and meals, these will be borne by mutual agreement between us.

IF YOU WANT TO CANCEL YOUR BOOKING

We hope it will never happen but in case you need to cancel the booking, please find the details below.

Please note that you can always transfer your place to any female friend with no additional costs!

The cancellation charges shown below apply from the date we receive your cancellation instruction by e-mail.

Because the accommodation and activities are paid for well in advance, all deposits are non-refundable(unless we do not get the min 4 participants to run the trip).

Refunds will be given as outlined below based on days prior to trip starting day

We reserve the right to cancel trips with inadequate participant attendance, in which case all money paid to Nomans Adventure will be fully refunded.

CHANGES MADE BY US BEFORE YOU TRAVEL

Changes Due to Circumstances Beyond Our Control: Except where we say differently elsewhere in these booking conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Trip after booking, or we, or our suppliers, cannot supply your Trip, as we, or they, had agreed. When we refer to circumstances beyond our control we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace), epidemic, significant risks to human health such as the outbreak of a serious disease at the travel destination, natural or nuclear disaster, serious security problems such as terrorist activity, civil unrest or events arising out of political instability, industrial dispute or strikes, bad weather (actual or threatened), Foreign Office advising against travel to a particular destination and significant building work taking place outside of your accommodation (such as resort development).

CHANGES MADE BY US AFTER YOU TRAVEL

If, after you go on holiday, we find we can’t provide a significant part of your Trip arrangements, you’ll be offered a suitable alternative if possible and where we consider it appropriate, reasonable compensation, unless the reason for the change is due to circumstances beyond our control.

CANCELLATION BY US

On rare occasions, we may need to cancel your Trip and have the right to do so – for example, if there is insufficient demand for your particular Trip. If we have to cancel your Trip we’ll tell you as soon as reasonably possible. If we can do so, we’ll offer you an alternative Trip of equivalent or closely similar standard and price at no extra cost to you, or a less expensive Trip, in which case we’ll refund the difference in price. If you don’t wish to take the alternative we offer you, you can receive a full refund of the money you paid to us. We can also cancel your booking if you fail to make payment on time.

You agree not to hold us responsible or for any inconveniences or financial losses from any trip cancelled by us when you were informed of group size minimum at the time of booking. We ask that you do not book any travel arrangements until we have confirmed that your trip has reached the group size minimum to run.

CUSTOMER BEHAVIOUR

We want all our customers to have an enjoyable, carefree holiday but you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, believe:

• your actions could upset or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or could cause damage to property; or
• you are unfit to travel;

we may end your Trip and terminate your contract. You and your travelling party will be prevented from using your booked accommodation, transport, and any other travel arrangements forming part of your booking and we will not be liable for any refund, compensation or any other costs you have to pay.

Property Damage: If you or any member of your party causes any damage or breaks anything at your accommodation, you must report it promptly to a member of our staff or to the staff at the accommodation. We and/or the accommodation owner will hold you and the members of your travelling party jointly and individually liable for paying for any damage you cause to the accommodation, furniture, fixtures, fittings or any other items within or around the accommodation. If you fail to pay, you will also be liable for any legal costs incurred in pursuing a claim against you.

ACCEPTANCE OF RISK

Some of the activities you might choose to take part in during your Trip may involve a degree of personal risk. The natural environment can, at times, be hazardous and many activities, such as watersports orclimbing are activities with a risk of personal injury or death. If you decide to take part in such activities, you accept these risks and you are responsible for your own actions. Although we or our suppliers will provide instructions and tuition to you as part of the arrangements you book, any safety information/notices must be observed which will minimise these risks. Your booking is accepted by us on the basis that you understand and accept the risks involved in such activities. If at any time you or a member of your party feels uncomfortable or unsure about taking part in an activity during your Trip, an instructor should be advised immediately. You’re under no obligation to take part in or complete activities which form part of your booking if you don’t feel you want to for any reason. You must ensure you have suitable travel insurance for the activities you plan to take part in.

IF YOU HAVE A COMPLAINT

We want all our customers to have an enjoyable time.In the unlikely event that you have any reason to complain or experience any problems with your trip whilst away, you must immediately inform your trip guide and the supplier of the service(s) in question. If any complaint or problem is not resolved to your satisfaction by the trip guide or supplier, you must contact us in the UK using the contact details we have provided you with during your trip, giving us full details and a contact number. 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 14 days of the end of your trip giving your booking reference and full details of your complaint. 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. In the unlikely event you have a complaint which we cannot amicably resolve, you may, as an alternative to bringing a claim in the courts, use the AITO independent resolution scheme. This scheme enables a dispute to be resolved on documents alone with limited liability for costs. Full details are available on request.

The contract for your trip is also between you and the Suppliers.Many Suppliers/Principals will have their complaint procedure within their booking conditions.

FORCE MAJEURE

Very rarely, we may be forced by “force majeure” to change or terminate your trip after departure but before the scheduled end of your time away. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 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”.

OUR LIABILITY TO YOU FOR YOUR HOLIDAY

We have a legal duty to use reasonable skill and care in providing the services and facilities that form any part of your Trip arrangements, or in arranging for third party suppliers to provide those services and facilities. In addition, we’re also liable to you under the Package Travel, Package Holidays and Package Tours Regulations 1992 for any failure by us or any of the suppliers we use to perform a service or provide a facility which forms part of our contract with you for a Holiday. If we comply with any applicable regulatory or legal requirements that will mean we and our suppliers have properly performed our obligations to you under our contract with you. Taking reasonable skill and care doesn’t necessarily mean we have to comply with each and every local law and regulation particularly where these impose absolute obligations

DATA PROTECTION

By making a booking with us, you agree we may use and disclose the personal information you provide about you and the other people travelling with you for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines and our technology partners to administer the services we provide, and may involve sending your information to countries that don’t have an equal level of privacy legislation to that in the UK); for our own market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other,for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of email, post, SMS and/or telephone if you’ve agreed we can. We may need to collect information from you (or the people travelling with you), that is sensitive personal data because it relates to a medical condition or dietary requirement, and this may need to be passed to our service providers, such as airlines (to provide in-flight catering and any special requirements you have), a medical advisory service (to check fitness to fly). If you’ve booked with us via our website, or if you’ve chosen for us to contact you by email, we’ll use the email address you’ve provided to send you your travel documentation. We’re entitled to assume that the email address you’ve provided is correct and that you understand and accept the risks associated with using this form of communication.