Bluetits Chill Swimmers Ltd
Terms and Conditions
(Please note that because you book your accommodation separately, our adventures do not come under the The Package Travel and Linked Travel Arrangements Regulations 2018.)
Booking and Payment
1.1 Your Reservation
When you make a booking and make payment in full, we will reserve your place on the basis of the following Booking Conditions.
- Your booking will be taken as confirmed in respect of all persons named on your booking and a binding contract between us will come into existence only when we receive your completed medical forms. Prior to doing so, you will receive a provisional confirmation that your booking and any payment has been received.
- We reserve the right to refuse a booking without giving a reason and in such circumstances will return any monies paid at the time of booking.
1.2 Please check your all documents we send you as soon as you receive them. Contact us immediately if any information appears to be incorrect or incomplete, as it may not be possible to make changes later.
We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
1.3 Any contract for a group booking is with the “Lead Name” as shown on the Booking Form and the Lead Name is responsible for ensuring that other members of his/her group are aware of these Booking Conditions and that they consent to him/her acting on their behalf in all dealings with us.
Section 2. Payment Terms
2. We reserve the right to alter prices shown in any of our marketing literature or on our website and we will inform you of any price changes prior to the issue of medical forms.
Section 3. Changes and Cancellation
- 3.1 IF WE CHANGE DETAILS OF A SWIM/WALK. We hope and expect to be able to provide you with all services advertised on a Swim Walk Adventure. Occasionally changes do have to be made and we reserve the right to make these. For example, occasionally weather and sea conditions could result in changes to the programme or the location of a swim.
- 3.2 IF WE CANCEL A SWIM. In the unlikely event we do need to cancel an adventure we will tell you as soon as possible. Some adventures shown on our website or in our marketing can only be operated if a sufficient number of people book them e.g. third party activities such as coasteering. We will of course tell you as soon as possible and offer a full refund.
- 3.4 CHANGES DURING THE ADVENTURE. By their very nature open water swimming and coastal walking require a significant degree of flexibility on your part and are largely dependent on weather conditions and currents as to whether or not an activity can proceed. In the circumstances changes or cancellations may need to be made at the last minute. Our guides or any third party operating an adventure will determine if a swim or walk can proceed and you will be expected to comply with their instructions.
Section 4. Your Right To Cancel
4.1 In accordance with the Consumer Protection (Distance Selling) Regulations 2000 and unless we have already provided the services we have contracted with you to provide, you have the right to cancel your booking at any time up to the end of the 7th working day after booking. You may do this by emailing us at firstname.lastname@example.org and you will receive a full refund of any monies paid.
4.2 After the 7th working day, cancellations or date changes are only possible if we are able to re-book your places on the adventure.
Section 5. Limitation Of Our Liability To You
5.1 We will not be liable where any failure in the performance of the contract is due to:
5.2 you; or
5.3 a third party unconnected with the provision of the trip arrangements and where the failure is unforeseeable or unavoidable; or
5.4 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
5.6 Our liability, except in cases involving death or personal injury, shall be limited to the amount payable by you for the provision of the swim in question.
5.7 Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide services on our behalf to you as part of your booking
Section 6. Our Responsibilities
6. Special Requests. If you have a special request, we will do our best to help, but we cannot guarantee it. Please advise us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your plans, it must be specifically agreed with us before or at the time you book. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to the swim or should be paid for locally.
6.1 Your Documentation. You are responsible for ensuring that you and all other persons included in the booking bring along to the activity any specific documentation that we require. Failure to do so may result in you not being able to participate.
6.2 You are responsible for ensuring that all details passed to us for all members of your party for the purposes of your booking and documentation generally are complete and accurate. If information that you supply to us is inaccurate then you may not be allowed to take part in the adventure and you will not be entitled to any compensation.
6.3.1 Health & Fitness Precautions . Our swims require a certain degree of physical fitness and, in some cases, experience of open water swimming. Whilst we endeavour to give guidance as to the likely levels of fitness and experience required, it is only guidance and it is your responsibility to ensure that you have the levels of fitness and experience required for any particular activity that you book. If you are in any doubt please consult your doctor. We, and those retained by us to supervise any activities, have an absolute right at any time (even after an activity has commenced) to prevent you from undertaking that activity if we reasonably believe that you do not possess the necessary levels of fitness and experience. In such circumstances we shall not be liable for any losses or compensation arising.
6.3.2 If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to or a new medical or physical problem or disability that arises after booking, then we can cancel the booking when we find out the full details if in our reasonable opinion the swim is not suitable for the individual in question. In such circumstances we shall not be liable for any losses or compensation arising.
We will need full details from you of any illness, medication currently being taken, known medical conditions and allergies. This information is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential.
6.4 Insurance Our adventures take place in the UK. Regardless of your place or country of residence we strongly recommend you take out comprehensive travel insurance which covers, illness, accident and emergency repatriation. In addition your insurance must cover you for open water swimming. In certain circumstances we may ask you to produce evidence of such insurance prior to the start of your activity. If not provided we reserve the right to cancel your booking, in such circumstances we shall not be liable for any losses or compensation arising.
You must be responsible for the behaviour of yourself and your party. In particular we require that all our customers abide by any campsite rules and all instructions given by those supervising any adventure. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your group by terminating your place on the adventure if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any our suppliers, or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your place due to such unacceptable behaviour or any failure to follow regulations or instructions. In this situation we will then have no further responsibility for you or any other member of your party.
6.6 Getting To The Start Point It is your responsibility to get to the start point at the correct time.
Section 7. If You Have A Complaint
If you have any cause for complaint, you must bring it to our attention immediately. We will do our absolute best to rectify the situation. If your complaint is not resolved immediately, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information.
Section 8. Miscellaneous
Changes Due To Circumstances Beyond Our Control
We will not be liable to pay any compensation if we are forced to cancel or in any way change a swim as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. Including bad weather, adverse water conditions or marine activity, pollution to waters, unavoidable technical problems with transport or accommodation, war or threat of war, civil strife, industrial disputes, natural disaster, epidemic or terrorist activity.
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers for the purpose of providing you with services. Only information necessary for this purpose will be disclosed to them. Some information, for example relating to your religion or health, may be “sensitive personal data” within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow any insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of you or anyone else in the group.
Photography and Comments
We may take photographs of you during the course of any particular swim and may use such photographs on our website or for our own marketing purposes. If you supply any photographs or written comments to us about our swims, we may occasionally use them on our website or for other marketing purposes. Please write to us if you would prefer that we do not use any such photographs or comments.
We hereby both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking or travel must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.
Personal Information & Communication
Generally, much of our communication with you is by email in particular this applies respect to confirmations or itineraries and changes and subsequent information that needs to be sent to you. It is your responsibility to retain copies of all communication that you receive from us electronically relating to your adventure. We cannot be responsible for any losses arising from a failure by you to receive email communications on account of technical problems, traffic congestion on the Internet or on any Website, problems with or technical malfunction of any telephone network or lines, computer equipment, software, systems, servers or providers.