Fell Pony Adventures
Terms and booking Conditions
1. Making Your Booking & Contract
In order to make your booking, the booking form must be completed by the party leader (‘the Client’) who must be over the age of eighteen. This can be done by:
i. Sending a signed booking form to us; or
ii. Completing a booking form over the telephone with us.
On completion of this form the Client confirms that all members of the party agree to bide by the Terms and Conditions set out in this document. A Contract will exist between the client and Fell Pony Adventures as soon as the confirmation invoice has been issued. This Contract is governed by English law and in the unlikely event of a dispute both parties agree to submit to the exclusive jurisdiction of the English courts at all times.
When completing the booking and riding experience forms, the Client is required to provide full details which truly reflect the personal information and riding ability of all members of the party.
On completion of the booking forms the Client declares that the information provided is accurate.
2. Payment
In order to secure your booking, a non returnable deposit of 25% of the total holiday price must be paid within ten days of making your provisional booking. We must receive the balance including any additional costs no later than eight weeks before departure. If full payment is not received on the due date we reserve the right to treat the booking as cancelled and, therefore, apply cancellation charges as set out in clause 7 below.
3. The Cost of Your Trek
All itineraries clearly state what is included and excluded in the price of each trek. Upon completing a booking form, the Client agrees to the itinerary and the price of the trek.
4. Cancellation by Fell Pony Adventures
In the unlikely event that we have to cancel your trek for reasons other than
a) Fault of the client
b) Force majeure
c) Insufficient numbers to proceed with ride
we will endeavour to substitute your activities of a similar value
5. Alterations & Changes by Fell Pony Adventures
Fell Pony Adventures do the very best to ensure the treks are provided as booked.
However, our wild camping treks are planned months in advance of promotion and, therefore, are occasionally subject to changes. In the unlikely event that a ‘significant’ change is made, then subject to clause 6 below you will be given the option (to be exercised by giving notice to us in writing within 14 days of notification of a significant change) of
a) accepting the change; or
b) cancelling your trek, whereupon you will receive a full refund.
A ‘significant’ change is a change in dates or a change to the whole or significant route of the trek.
In the event of minor alterations and changes made by Fell Pony Adventures, no refund or compensation will be given and if you cancel the trek the provisions of clause 7 will apply.
A minor change or alteration includes any change which is not a significant change.
If we are aware of changes prior to booking, we will inform the Client before a booking is made.
Please note that we do not accept responsibility under any circumstances for travel prior to the trek booked separately by clients.
6. Force Majeure
Fell Pony Adventures regret we cannot offer refunds or compensation in the event of cancellation or alterations as a result of force majeure. Force majeure is defined as war, threat of war, riot, civil strife, industrial dispute, strike, lock-out, government action, terrorist activity, natural or nuclear disaster, fire, flood and adverse weather conditions.
7. Cancellation by You
Cancellation will result in 100% of the hire charge being forfeited. You may wish to obtain travel insurance to cover this.
Bookings may be cancelled at any time prior to the departure date by written notification by the Client. The cancellation date will be taken as the date that written confirmation is received by Fell Pony Adventures. For this reason, Fell Pony Adventures recommend recorded delivery.
Cancellation charges are expressed as a percentage of the total trek price and are payable to Fell Pony Adventures. Cancellation charges are as follows:
7 days or less from the agreed booking, the payable cancellation fee is 100% of the booking fee.
7 to 20 days from the agreed booking, the payable cancellation fee is 50% of the booking fee.
More than 21 days from the agreed booking, the payable cancellation fee is 25% of the booking fee.
8. Alterations & Changes by You
Should you wish to make changes to your trek after confirmation, Fell Pony Adventures will use our best endeavours to make the requested alterations, although we provide no guarantee that this will be possible.
An administration charge of £25 per person will be implemented by Fell Pony Adventures on each occasion when an alteration is made at your request. If you choose to change your dates you must call us with alternative date option otherwise this will be seen as a cancellation.
Further, all additional costs incurred by either Fell Pony Adventures or our suppliers are payable by the client. Specifically if extra services are contracted by you during your trek you will be charged for these services.
9. Liability
In completing the booking form, the Client and all members of the party accept that being in the vicinity of ponies poses risks. Whilst walking or in the vicinity of those ponies which are in the care of the Horse Handler/Mountain Leader, you must comply at all times with their instructions. It is a condition of your booking that you accept that the Horse Handler/Mountain Leaders instructions when handling ponies if they consider you are endangering or may endanger the safely or welfare of any persons or horses including yourself. In the event of such circumstances, you will not be entitled to any refund or compensation.
On completing the booking form, you accept Fell Pony Adventures require you to sign separate acknowledgment and personal liability forms before the trek. Refusal to sign such forms may result in your not being allowed to participate in the trek. In those circumstances you will not be entitled to a refund or compensation from Fell Pony Adventures.
We accept responsibility for ensuring that all parts of our contract with are properly performed except where failure or improper performance is due to:
a) your own acts or omissions.
b) the acts or omissions of a third party not connected with the provision of your arrangements and which are unforeseeable or unavoidable.
c) Any event which either we could not have foreseen or forestalled even with all due care.
d) Force majeure
Fell Pony Adventures’ liability is limited as follows:
Liability other than for death and personal injury is limited to such amount as is reasonable taking into account the cost of the trek booked with us and the extent to which your enjoyment of the trek has been affected but (without prejudice to that) will not in any event exceed twice the cost of the trek booked for the person affected (excluding any alteration charges). In the case of lost and/or damaged luggage or personal possessions (including money), our liability is limited to £25 per person as you are assumed to have taken out adequate insurance at the time of booking.
Fell Pony Adventures will not have any liability to you for any damage, loss, expense or other sums of any description which
a) on the basis of the information given to us by you concerning your booking, prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
b) did not result from any breach of contract or other fault by us or our employees or, where we are responsible for them, our suppliers.
Additionally Fell Pony Adventures will not have any liability to you for any business losses.
In all cases, the liability of Fell Pony Adventures in relation to any service is limited or excluded in accordance with the provisions of all international conventions relating to the provision of such services as if Fell Pony Adventures was a supplier of the services in question, for the purpose of the relevant convention.
10. Travel Documents & Arrangements
Fell Pony Adventures will use our best endeavours to provide assistance in finding and booking suitable travel and accommodation for your holiday. Fell Pony Adventures is not responsible for travel arrangements to and from your destination. It is your responsibility to ensure that you have all the necessary documentation for your holiday and Fell Pony Adventures will not have any responsibility or liability towards you for any failure on your part to comply with requirements current at the time of your departure or any losses or costs incurred by reason of any omission on your part.
11. Delays
Fell Pony Adventures will not offer any assistance in the event of a delay at your outward or homeward points of departure. Please refer to your carrier for assistance.
12. Behaviour
On completing the booking form, the Client accepts responsibility for loss and / or damage caused by the Client or any member of the party. Full payment for any such loss or damage must be paid directly to the appropriate party immediately. If you fail to do so you must indemnify us against any claims including legal costs subsequently made as a result of your acts or omissions.
We expect all clients to behave with consideration to other people. If, in our opinion, or in the opinion of any other person in authority, the Client or any member of the party behaves in such a way to cause or be likely to cause distress, danger, or annoyance to any third party or damage to property, we reserve the right to terminate the trek arrangements of that person without notice. In this situation, our responsibility towards that person (including any return transfer arrangements) will immediately cease and we will not be responsible for meeting any costs or expenses that that person may incur as a result. We will not make any refunds or pay any compensation.
13. Special Request or Medical Problems
We regret we cannot promise that any request will be complied with unless we have expressly confirmed this to the Client in writing. Confirmation that a special request has been noted or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until expressly confirmed in writing, all special requests are subject to availability.
14. Complaints
If you have a complaint or are unhappy about any aspect of your trip, you must immediately inform the Mountain Leader so that they can endeavour to put it right. If the matter cannot be resolved locally to your satisfaction and you wish to make a complaint you must contact Fell Pony Adventures by telephone (we will accept reverse charge calls) at that time so that we may try and resolve the situation. We accept calls 24 hours a day on our emergency mobile number 07967 483374, please note failure to report problems at the time that they occur will invalidate subsequent claims. Should you not have a phone please use the phone at the basecamp.
If you are still not satisfied, you are required to notify us in writing to our office address; Caravan, Rushy Meadow Newby Bridge Cumria LA12 8NS, within 14 days of your trek giving full details of the complaint. We will acknowledge receipt of your letter within 14 days and then begin any investigation we feel is necessary. After a further period of up to 21 days we will contact you with the outcome of our investigation. If you do not comply with this requirement, we will not accept any responsibility for the matter giving rise to your grievance, having been unable to put it right immediately or to investigate it at the relevant time. It should also be noted that the complaint must be made by the customer who travelled and not by a third party.
We will not be able to enter into correspondence if issues have not been brought to the notice of Fell Pony Adventures at the time of the complaint arising.
It should also be noted that the complaint must be made by the customer who travelled and not by a third party.
Once a settlement cheque has been cashed any complaint is consider closed.
15. Data Protection Policy
So that we may process your booking and ensure your travel arrangements run smoothly, we need to use the information you provide such as name, address, experience and any specific requirements.
We take full responsibility for ensuring proper security measures are in place to protect your booking.
We will not pass your details onto third parties not connected with your trek. The information may also be received by security or credit checking companies, public authorities such as customs, immigration, if required by them or as required by law. Unless informed otherwise by you, we may use your information to provide you with future offers and information.
16. Conditions of Suppliers
Please note that all services are provided subject to the conditions of the relevant supplier. Some of these conditions may exclude or limit the suppliers’ liability to you, usually in accordance with the appropriate international conventions which apply to the services provided by such suppliers.
17. Trek itineraries and Trek Length
We write a sample itinerary for each trek which can be found on our website. As the majority of our treks are tailor made this itinerary may be subject to change.
18. Gift Itineraries
Gift itineraries are valid for 12 months. We will try to be as flexible as possible regarding dates during this 12 month period but please note that if you are wanting to confirm dates around bank holidays we will require adequate notice. Gift vouchers and itineraries are non refundable and cannot be exchanged for cash value.
19. Fitness Level, Rider height, weight and experience
We will need to know prior to your arrival your level of fitness. Please be honest and truthful about your previous walking/trekking experience, write more rather than less if you are in any doubt or call us and we will help you. Failure to disclose your true fitness level, height, weight and experience may lead to you being unable to take part in the trek entirely. If in doubt please ask us!
20. Rules for Treks
Please respect the commands of our horse handlers and Mountain Leaders, they know their horses and it is our aim to keep both you and the horses safe. Most treks are available to clients between the ages of 5 - 75 years, in the unlikely event that a member of your party falls outside of these age parameters you must check with us first.
21. Trip participation and Client Responsibility
You agree to accept the authority and decisions of our employees, instructors/guides and agents whilst on trip with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, a member of staff), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense.
