Terms and Conditions of Courses Arranged by Lost Earth Adventures That Take Place in the United Kingdom

Important
You must arrive adequately prepared for a day spent outdoors, sufficient clothing, water and food etc. Waterproof jacket and trousers are highly recommended.

We will issue you with a kit list for your chosen course when you book.

When you make a booking by paying us a deposit and we reply to accept your booking a legally binding contract is made and you agree to accept all of these Terms and Conditions, you also acknowledge that you have read the trip’s web page for your chosen trip. You declare that the information provided by you on the booking form is complete and true. We need a completed booking form for each person participating in one of our package holidays or activities. The following Terms and Conditions apply to all trips we provide in the United Kingdom:

In these Terms and Conditions the words ‘Lost Earth Adventures’, ‘we’, ‘us’ and ‘our’ mean or refer to Lost Earth Adventures Ltd. The words ‘client’, ‘you’, ‘participant’, ‘your’ and ‘the lead name’ mean or refer to any person who enters into a contract with Lost Earth Adventures. The words ‘course’ or ‘courses’ mean or refer to any activity package organised by Lost Earth Adventures. The word supplier(s) is any person(s) or organisation(s) that supplies Lost Earth Adventures with services, activities or products. The words ‘your party’ or ‘your group’ mean or refer to any other person on whose behalf you book a course with Lost Earth Adventures. You should accept these Terms and Conditions only if you have carefully read and understood the contents. The moment we receive your deposit we start processing your application and, therefore, it is non-refundable. The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accept these Terms and Conditions on behalf of everyone in their party. The lead name is responsible for the accuracy of any information provided. Lost Earth Adventures cannot be held liable for any problems that may occur from incorrect information that you provided.

Lost Earth Adventures and our suppliers take every precaution to ensure the safety of all participants. However, by undertaking a course organised by Lost Earth Adventures, you are assuming the risk of any injury, including death. Lost Earth Adventures and/or its employees, agents, subcontractors, suppliers and their employees cannot be held responsible for any injury caused to you, or by you to others, resulting from your failure to follow an instruction(s) or recommendation(s). It is your contractual obligation to Lost Earth Adventures and our suppliers to at all times act in a safe, responsible and courteous manner, comply with all safety procedures, listen and be present at all safety and information briefings; to immediately inform your instructor or any other person responsible for the provision of your activities of any equipment or site deficiencies or any other concerns relevant to the safety of you as an individual or the group as a whole; and to dress and/or equip yourself suitably for any event or activity as advised by Lost Earth Adventures or any other individual responsible for the provision of your activities. Your booking is accepted on the understanding that you realise the hazards involved in this type of course including death or injury. The obligations of our suppliers providing any service or activity included in your course are to use reasonable skill and take reasonable care when providing such services and activities. You must demonstrate that reasonable skill and care has not been used if you wish to make any claim.

Under no circumstances can Lost Earth Adventures or our suppliers be responsible for you missing the start of a course. We will not refund any money to you or pay you any compensation. You will not receive any money back for activities that you missed. On open group events; our courses start promptly and if you haven’t arrived on time the rest of the participants may have departed and it may not be possible or safe for you to catch up with them. On private courses the instructor will wait for you to arrive but your course will still finish at the same time it was supposed to. If you arrive too late it may not be possible to do the activity at all.

Lost Earth Adventures or our suppliers will not be held liable nor accept any responsibility for any injury, death or problem that occurs while you are under the influence of alcohol or drugs. We have a zero tolerance policy towards drugs.

It is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect you or other people’s enjoyment of the course. In order to make your booking, you confirm that you and all of your party are fit to take this course, and that you have declared to us any disability or special need which is likely to affect the progress of the course or the enjoyment for other people. Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in the course you have chosen and that you are mentally and physically capable of undertaking your chosen course. If, in our reasonable opinion, your chosen course is not suitable for your medical condition or disability we reserve the right to refuse your booking.

Mountain Biking
Lost Earth Adventures and/or its employees, agents, subcontractors, suppliers and their employees cannot be held responsible for any injury caused to you, or by you to others, resulting from your control of a bicycle. You must ensure that your mountain bike is suitable for off-road use and is in safe working condition prior to attending a course or guided ride provided by Lost Earth Adventures. Cycle helmets must be worn at all times. You may wish to wear additional protection such as elbow and knee pads. If you do not feel comfortable riding the terrain where we have brought you then you must mention this to your instructor or guide immediately and remember that you always have the option to walk.

Fees
All monies paid to Lost Earth Adventures are non-refundable. The final balance of the course must be paid 30 days prior to the course starting or Lost Earth Adventures may cancel your place on the course with no right to refund. You can apply to change the course date or type 60 days or more before the course and we will try to accommodate you on a different course but this may not always be possible. Lost Earth Adventures reserve the right to add 10% to any late payments.

Weather
We do not cancel activities or courses due to the weather. If the weather makes it unsafe to do an activity we will offer you a replacement activity. Under no circumstances will we refund money due to bad weather. The reason for this is that we still have to pay all our instructors and their fuel for the day plus all the administrative costs before the day takes place. Due to the fact we are a guiding company we don’t have any other tasks to set the instructors for the day. The weather in the UK changes a lot and we cannot control it. If we cancelled every time there was a threat of rain we’d never go out, so we need to see what’s happening on the day and make a judgement. We will always provide something fun for you instead. If you are booked to go canyoning or gorge walking and the river is flooded we may take you rock climbing, abseiling or caving instead. If the cave you are supposed to be exploring is too dangerous we will either take you to another cave or take you rock climbing or abseiling. Sometimes mountain biking is also possible but you will have to pay the cost of the bike hire. Where and what we take you to do will depend on what qualifications the instructor has that is with you.

Photos and Marketing
You consent to us using still and video images of you taken during the course for advertising and promotional purposes in any medium we choose. You consent to us using any written feedback you give us in any form of marketing we choose.

Equipment
Sometimes we provide you with equipment for your adventure with us. This may be specialist clothing or a bicycle or an ice axe or something else. Sometimes there is a charge for you to borrow equipment and sometimes we lend equipment free of charge.

If we provide you with equipment then you must return it in the same condition that it was provided to you. Therefore you are responsible for checking any equipment thoroughly. You must inform a Lost Earth Adventures representative immediately if there is a problem or breakage with the equipment at the time we give it to you. If at the time you return the equipment there is a breakage that was not declared at the time when we gave it to you then we will charge you for all costs incurred to repair or replace the equipment.

These Terms and Conditions and any contract to which they apply, are governed in all respects by English Law. They shall be subject to the exclusive jurisdiction of the courts of England. If any part of these Terms and Conditions is determined by a court to be unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall continue in full force and effect. All communications relating to this contract must be from the Lead Name in writing and in English and delivered by hand, email or sent by recorded delivery post to Lost Earth Adventures, 3 New Street, York, North Yorkshire, YO1 8RA

“The British Mountaineering Council recognises that climbing and mountaineering are activities with a danger of personal injury or death.Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.”

The above terms and conditions are for our UK activities. If you are travelling abroad with us then you must read the terms and conditions on this page.

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