Terms and Conditions

1. Bookings are made with Open Gates Outdoors.

2. Bookings must be made by you in writing.

3. No Booking will be accepted by Open Gates Outdoors until it has confirmed its acceptance of the Booking to you in writing and, subject to Clause 6, payment has been received in full by Open Gates Outdoors.

4. Acceptance of a Booking by Open Gates Outdoors confirms your acceptance of Open Gates Outdoors’ or the Guide’s authority to make decisions affecting the group or individuals and your agreement to follow all reasonable instructions given by Open Gates Outdoors or the Guide for example, the requirement that an individual leave the group if Open Gates Outdoors or the Guide reasonably believes;

(a) that person’s health is at risk,

(b) they have inadequate fitness to complete the Activity;

(c) an unlawful act is committed by them; or

(d) their behaviour becomes detrimental to the safety, enjoyment or wellbeing of the group.

5. By making a Booking, you are confirming that you have read and accepted these terms and conditions.

6. Payment shall be made to Open Gates Outdoors in full on making the Booking unless Open Gates Outdoors agrees a payment schedule with you in writing and, if a payment schedule is agreed,

(a) payment must be received in full by Open Gates Outdoors before delivery of the Activities, and

(b) you must pay Open Gates Outdoors in advance for any disbursements it is required to pay on your behalf under the Booking (eg accommodation or transport).

7. If you wish to change an existing Booking, Open Gates Outdoors will use its reasonable endeavours to accommodate that change. If a change is possible, we will charge an amendment fee of £10 per person to cover our administrative costs.

8. Any request to change an existing Booking must be confirmed in writing at least 72 hours before the original activity is due to commence.

9. If you wish to cancel, you must inform Open Gates Outdoors in writing. Your cancellation date is the date on which Open Gates Outdoors receives your written instruction. The following cancellation fees will apply:

(a) More than 30 days before the start date: retention of 5% of the total price

(b) Between 30 and 15 days inclusive before start date: retention of 50% of total price

(c) Less than 15 days before start date: retention of 100% of total price

(d) Any agreed costs to third parties in respect of the Activities incurred on your behalf by Open Gates Outdoors will be held by Open Gates Outdoors in the event of any cancellation by you.

10. Subject to Clauses 12 to 14 inclusive below, Open Gates Outdoors reserves the right to cancel any Activity (before or during it, for an individual or group depending on the circumstances) in the following circumstances:

(a) Where in the opinion of Open Gates Outdoors the participants are inadequately equipped for the Activity, which exposes that individual or others within the group, to a risk to their health and safety.

(b) Where there have been undisclosed medical conditions at the time of the Booking, which in the opinion of Open Gates Outdoors may impact the health and safety of the individual with the relevant medical condition or other members within the group.

(c) Where the behaviour of an individual is such that in the opinion of Open Gates Outdoors it exposes themselves or others in the group to a risk to their health and safety, is impacting the enjoyment of the Activity by others in the group or is illegal.

(d) Where the Activity requires a set number of participants and in the opinion of Open Gates Outdoors there are insufficient participants to make it financially viable.

(e) Where the individual or group fails to follow reasonable instructions from the Guide to ensure the health and safety of the group.

(f) Pursuant to Clause 4.

11. In the case of termination pursuant to Clause 10 (d) Open Gates Outdoors shall reimburse you such amount as it reasonably considers to be appropriate and in the case of termination pursuant to Clauses 10 (a) (b) (c) (e) or (f) Open Gates Outdoors will make no reimbursement to you.

12. On assessing the conditions expected to be encountered in the hills/mountains or the abilities or condition of the team members, Open Gates Outdoors will use reasonable endeavours to change any aspect of the activity to avoid placing anyone at undue risk.

13. Open Gates Outdoors will inform you of any modifications or changes to the Booking pursuant to this Clause as soon as reasonably possible, but there may be circumstances when these changes will need to be made at the start of or during the Activity itself.

14. If it is not possible for Open Gates Outdoors to modify or change the Booking pursuant to this Clause then it will cancel the Activity.

15. In the event of cancellation Open Gates Outdoors shall not be responsible for any costs incurred by you linked to the Booking other than pursuant to Clause 11 and reimbursement pursuant to Clause 9.

16. Open Gates Outdoors is not responsible for any missed connecting transport that you have booked independently of Open Gates Outdoors.

17. In the event of cancellation by Open Gates Outdoors caused by ‘force majeure’ (being any event beyond the control of either party examples of which include but are not limited to War, Riots, Civil Disturbances, Terrorist Activity or Consequences, Natural Disasters, Fire, Health Risks, Industrial Disputes, Actual or Potential Severe Weather Conditions and any other similar events beyond our control) participants will be notified by telephone or in writing as soon as practicable and the following options will be offered, where possible;

(a) an alternative activity on the same date,

(b) an alternative date for the same Activity, or

(c) an alternative date for an alternative activity equal to original monies paid.

18. If it is not possible to agree an option pursuant to Clause 17 above the Booking shall be cancelled and Open Gates Outdoors shall not be liable to make any repayment to you in respect of such cancellation.

19. If you have any complaints whilst taking part in an Activity, you must immediately inform the person leading the Activity on behalf of Open Gates Outdoors who will use all reasonable efforts to remedy it. If you remain dissatisfied, you must make full details of the complaint known to Open Gates Outdoors in writing within 14 days of the end of your Activity.

20. We ask you to follow this process as the right to claim compensation you may otherwise have been entitled to may be effected or even lost as a result.

21. Engaging in adventurous activities inherently involves risk. Mountainous and upland environments, while hazardous, offer opportunities for profound physical and mental benefits. Participants must acknowledge and accept responsibility for these risks. Open Gates Outdoors believes that the rewards of experiencing these environments far surpass the associated dangers.

22. Open Gates Outdoors nor any of their representatives will be responsible for any illness, injury or death sustained during your Activity except where such illness, injury or death is caused by their negligence, nor will they be liable for any uninsured loss of personal property.

23. Open Gates Outdoors cannot be made liable for the consequences of strikes, industrial action, wars, riots, sickness, quarantine, government intervention, weather conditions, or other untoward occurrences.

24. You must provide Open Gates Outdoors with a completed Attendee Information Form for the group and a completed Medical Information and Consent Form for each attendee (the “Medical Forms”) at least five business days before the Activity and Open Gates Outdoors shall not be liable for or responsible for any injury damage or loss resulting from factors that exist at the time of the completion of the Medical Forms but that are not included in the Medical Forms except to the extent the injury damage or loss is caused by its negligence.

25. A client leaving an Activity at any stage, for whatever reason, will not be entitled to any refund or compensation unless agreed by Open Gates Outdoors and any duty of care that might be owed to that client will end at that point.

26. Having made every effort to ensure correctness of our information and supporting materials, Open Gates Outdoors cannot be held responsible for any inaccuracies.

27. Open Gates Outdoors shall ensure that appropriate security measures are in place to protect your personal data and to comply with relevant legal requirements relating to processing of personal data. Please see our privacy and GDPR policies.

28. Open Gates Outdoors holds professional indemnity and third party liability insurance for up to £5million pounds to cover losses due to its negligence or the negligence of its representatives including the Guide.

29. Open Gates Outdoors recommends that you hold relevant insurance for your Activity to cover all eventualities such as; all cancellations, medical expenses, travel delays, search & rescue, equipment loss or theft and evacuation costs.

30. By making the Booking, you consent to

(a) Open Gates Outdoors and their representatives taking photographs and/or video footage of you during the Activity and that these images may be used by Open Gates Outdoors for publicity and training purposes including, but not limited to, in brochures, websites material and in the media unless you have indicated such a limitation on your consent when making the Booking. Photos and video footage supplied by you or other team members may also be used as described above, and

(b) that you have read and understood the Privacy Policy and GDPR Policy on Open Gates Outdoors’ website

31. Guide means the person authorised by Open Gates Outdoors to lead the Activity.

32. Activity means any activity provided by Open Gates Outdoors pursuant to the Booking and Activities shall be interpreted accordingly.

33. Booking means any booking made pursuant to this agreement.

34. Information shall be served on Open Gates Outdoors “in writing” only if sent by email to george@opengatesoutdoors.co.uk or by first class post to Open Gates Outdoors (Community) CIC, 19 St Ronans Road, Sheffield, S7 1DX. Information shall be served on you “in writing” if sent by email or by post to an email address or postal address given by you or used by you for such purposes.

35. This agreement shall be interpreted in accordance with the Laws of England and Wales