7. Cancellation of the Adventure
7.1. By AAC:
AAC shall be entitled at their sole discretion to cancel the Adventure upon notice to You in one or more of the following circumstances:-
7.1.1. The closure of areas in which AAC conducts the Adventure or any part thereof;
7.1.2. Failure to make payment in terms of Clause 4.1.1; or
7.1.3. The occurrence of any other circumstances which, in the sole opinion of AAC would lead to either the reputation of AAC being damaged or damage being caused to property of AAC or of any harm or personal injury being caused to any other participants in the Adventure activities.
7.2. In the event of cancellation in the circumstances set out in clause 7.1.1 AAC will either:-
7.2.1. refund any payments made by You, less any administrative costs incurred ; or
7.2.2. offer You alternative dates for another Adventure.
In these circumstances AAC shall not have any further liability to You.
7.3. By You:-
7.3.1. In the event that You cancel an Adventure less than eight weeks before the specified date of the Adventure as stated on the booking form, AAC reserves the right to impose the following cancellation charges:
7.3.1.1. Cancellation less than fourteen days before the date of the Adventure – 100% of the total Price;
7.3.1.2. Cancellation between four weeks and fourteen days before the Adventure – 75% of the total Price;
7.3.1.3. Cancellation between eight and four weeks in advance – 40% of the total Price;
7.3.2. All intimations of cancellation must be made in writing to AAC and will be effective on the date of actual receipt by AAC.
8. Limitations on Liability
8.1. AAC will not accept any responsibility for any items of personal property of You or other participants at the Adventure. All items of property are brought entirely at the owners risk. The cost of returning lost property if eventually found will be entirely borne by You.
8.2. AAC reserves the right to cancel its agreement with You or to limit its compliance in any way with its obligations as set out in the booking form and these Terms to the extent that it is prevented or delayed in the carrying out of its obligations due to circumstances beyond its reasonable control including without limitation, accident or breakdown of plant and machinery, acts of god, compliance with any law or governmental order, rule, regulation or direction, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, non-compliance by any sub-contractor or strikes or failure of any service, any of which circumstances shall mean “Force Majeure” in these Terms.
8.3. If AAC is prevented or delayed in the performance of its obligations hereunder by reason of Force Majeure, it shall forthwith serve notice in writing on that effect to You specifying the nature and extent of the circumstances giving rise to Force Majeure, and shall, subject to the service of such notice, have no liability in respect of the performance of such of its obligations as are prevented by the Force Majeure events during the continuance of such events.
8.4. In the event of AAC claiming to be prevented or delayed in performance of its obligations under these Terms by reason of Force Majeure, it should use its reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which the agreement with You may be performed despite the continuance of the Force Majeure event.
9. General
9.1. AAC will take reasonable steps to fulfil its obligations in respect of any Adventure, in accordance with the details set out in the Brochure and these Terms, to the best of its ability, but if unable to do so, AAC reserves the right to provide an alternative service of an equivalent standard at no additional cost to You.
9.2. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected
10. Governing Law
10.1 These Terms shall be governed by Scots Law and the parties hereto submit to the non-exclusive jurisdiction of the Scottish Courts.
Notes:-
1. While AAC takes all possible steps to ensure the safety of all participants in its adventures, you should understand that all outdoor activities present an element of risk to the participant. AAC has a rigorous risk assessment and set of operating procedures which are designed to minimise risk, but participants are advised that it is not possible to control all factors, especially those dependent on nature. Adventure activities are also likely to subject participants to getting wet and / or dirty and occasionally an element of discomfort.
2. If you are suffering from a known medical condition or allergy such as (without prejudice to the generality of the foregoing) angina, asthma, diabetes, epilepsy, dizziness or a heart condition, which might incapacitate you, or you may be pregnant or have recently been discharged from hospital, you should be aware that it might be highly dangerous to participate in Adventure activities. If you are in any doubt about fitness for participation, please consult your doctor before applying.
3. If you are taking prescription drugs, you must present AAC with a doctor’s note stating, in plain language, the condition and the drugs prescribed. You must ensure that you are equipped with the correct drugs and dosage.
4. Your safety is of paramount importance to AAC and we endeavour to use all the latest equipment, methods and experienced instructors to ensure maximum safety at all times. Instructors holding as a minimum, the certificate required by the governing body of the particular activity, as well as a first aid certificate, will facilitate all Adventure activities.
5. For water based activities, You confirm that you are able to swim at least 50 metres in light clothing;