Terms and Conditions

Booking Terms and Conditions

1 – Contract

In making your booking your contract is with Case Sport Ltd (thereinafter referred to as “Case Sport Ltd” or “we” or “us”), of 73 Main Street, St John’s Town of Dalry, Castle Douglas, Dumfries and Galloway, DG7 3UP, registered in Scotland under Company No. 5867554. All holidays you book with us are organized and sold subject to the following conditions:

2 – Confirmation and Payment

Your booking is confirmed upon receipt by us of payment of a non-refundable deposit of 30% of the trip price. Your remaining balance must be paid by the due date shown on your invoice or in correspondence. Failure to do so may result in the cost being increased or ultimately cancellation of your holiday. Upon receipt by us of your deposit, the contract between you and Case Sport Ltd will become binding and we will send you an invoice for the balance and advise you of the date for payment of the same. Brochure and website prices are quoted in UK Sterling however payment will also be accepted in Euros using exchange rates as stated by The Bank of Scotland at the date of booking. All prices shown are inclusive of VAT at the current rate of 20%. Should this change, the prices shown may alter. Payment will be accepted by the following only: Visa, MasterCard or Switch/Delta Cheque (please allow 10 days from postage to clearance). Bank Transfer or On-line Transfer, details available from Case Sport Ltd on request.

Please Note: If you are resident in the UK our preferred method of payment is by cheque or debit card.

3 – Changes/Cancellations by You:

Any cancellation by you must be notified in writing by the person who made the booking. If you cancel your holiday the following timescale and cancellation fee structure will apply: More than 30 days prior to the start of your holiday, you will be charged the value of your deposit only. Between 30 and 15 days, you will be charged 50% of the full holiday cost. Less than 15 days before the start of your holiday or on or after the commencement of the holiday, you must pay the full holiday price plus any insurance premium paid.

Note: We appreciate cancellation may arise due to wholly unforeseen events. We therefore strongly advise you to take out insurance against irrecoverable cancellation cost (see Point 8 – Insurance below). You will be advised of the exact amount of any cancellation charge prior to the cancellation being finalised.

4 – Changes/Cancellation by Case Sport Ltd

Before entering into the contract, we reserve the right to change any of the facilities, services or prices described in our brochure or website. We also reserve the right to cancel the holiday. For example, if the minimum number of clients required for a trip is not fulfilled, we may have to cancel your holiday. In the unlikely event that we have to make any changes to your holiday we will advise you at the earliest possible date. Any changes are usually of a minor nature, yet if a major change becomes necessary, we will inform you as soon as reasonably possible, if there is time before your holiday begins. A major change is an alteration of the start or finish time of your holiday of more than 12 hours or a change of holiday itinerary. When a major change or cancellation occurs you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us, or cancelling your holiday (*in which case the deposit is refundable). We will refund all payments made directly to us in respect of the tour cost. We will not however refund any incidental expenses you may have incurred as a result of your booking such as travel insurance, equipment purchases, visas, etc. Where a major change arises from circumstances amounting to force majeure (see 12 – Liabilities and Force Majeure below), we will endeavour to refund all sums as yet unpaid by us to our suppliers, however your insurance policy must cover the remainder.

5 – Information Provision

Any information provided by Case Sport Ltd via websites, brochures, written correspondence or verbal communications on such matters as climate, clothing, baggage, special equipment etc, is given in good faith but without responsibility on the part of Case Sport Ltd.

6 - Hazards and Safety

Fundamental to all booking conditions is your acceptance of the hazards involved in this sort of trip and you accept that in visiting remote and mountainous regions there is an element of on-tour flexibility. You must acknowledge that delays and alterations and their results such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You must ensure you have a level of fitness suitable for your chosen trip and you are responsible for bringing the appropriate equipment, including mapping and navigational equipment along with the knowledge to use them. Suggestions & details of which will be sent to you at the time of booking. Basic advice on safety is contained in the leaflet “Enjoy the Scottish Hills in Safety” available from Case Sport Ltd, or from Sport Scotland, Caledonian House, South Gyle, Edinburgh EH12 9DQ. If, in the opinion of the Case Sport Ltd Staff, your fitness or equipment may compromise the safety of a trip, we reserve the right to cancel or terminate your holiday. In these circumstances you will not be entitled to a refund nor compensation.

7 – Accommodation

Accommodation is usually in twin or double rooms unless stated otherwise and we request that clients who book individually, share. Where a single room is requested, we will do everything we can to accommodate that request at no extra cost. However where we cannot achieve this, requesting a single room may attract a supplement. When making a booking you accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced separately for the relevant amount. On some itineraries no single accommodation is available. Please note that due to the remote location of walking routes, accommodation provision can be scarce and in certain circumstances you will be required to travel to your accommodation. In such circumstance appropriate arrangements will be made and will be inclusive of your holiday.

8 – Insurance

To take part in one of our holidays you must be covered by adequate insurance for the duration of your inward and outward travel and the itinerary and for the activities undertaken. The insurance must include cover for cancellation and curtailment, medical and emergency expenses (including repatriation), personal accident, injury and death, loss or damage to property. In the event of emergency medical rescue and/or repatriation from a trip by whatever means, the responsibility of suitable insurers can be obtained by contacting Case Sport Ltd.

9 – Medical Conditions

If you are affected by a medical condition, which may affect your or other people’s enjoyment of the holiday, you must advise this at the time of booking. You must also advise us of any medication you are taking for such a condition.

10 – Departure and Independent Travel

If you leave the holiday or undertake independent travel during the holiday we are not responsible or liable for your actions or your safety.

11 – Complaints

If you have a complaint about the holiday you should make it known to Case Sport Ltd at the earliest opportunity. If you feel your complaint has not been properly dealt with we shall endeavour to agree a settlement with you. Any outstanding complaint not resolved during the trip should be notified to us in writing within 30 days of the scheduled date of return.

12 – Liabilities and Force Majeure

Case Sport Ltd will accept liability for the negligence of its employees causing direct physical injury to you only to the extent that it is obliged under Scottish Law. We cannot be held responsible for any mishap to yourself or your property, and in particular for the consequences of flight cancellations, vehicle accidents, strikes, sickness, Government or customs or police intervention or other such happenings amounting to the force majeure.

Case Sport Ltd shall not be liable for any damages caused by the total or partial failure to carry out the holiday, if such failure is: attributable to anyone other than the Case Sport Ltd Staff; unforeseeable or unavoidable and attributed to a third party unconnected to Case Sport Ltd: a result of unusual or unforeseeable circumstances, reasonably beyond the control of Case Sport Ltd: a result of an event which Case Sport Ltd or any of its agents, even with all due care, could not foresee:

Where Case Sport Ltd are found to be liable for damages in respect of its failure to carry out the holiday, the maximum amount of such damages, compensation and loss of enjoyment will normally be limited to two times the cost of the trip. Where the damage relates to damage caused by the provision of road, rail, river or sea transport, or hotel accommodation, any compensation payable will be limited by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation). All air transport is undertaken entirely at your own risk. Any independent arrangements that you make which are not part of the trip are entirely at your own risk.

13 – Acceptance

The booking conditions may only be waived by a Director of Case Sport Ltd in writing. When you sign the booking form you agree to accept all these booking conditions, and when we accept your booking we agree to carry out our obligations to you as defined in the holiday proposal and other information provided to you. Both sides of this agreement are made subject to, and must be interpreted and enforced according to Scottish Law in a Scottish Court.

Case Sport Ltd 2008

These terms and conditions do not affect your statutory rights as a consumer.