The following expressions shall have the following meanings:
2.1 Please read these Terms and Conditions carefully as they form the legal contract between the Customer and Heathery Heights. If the Customer does not agree with these Terms and Conditions, the Customer should not proceed to use the Services of Heathery Heights.
2.2 These Terms and Conditions shall apply to the Agreement for the supply of products and/or services by Heathery Heights to the Customer and shall supersede any other documentation or communication between Heathery Heights and the Customer.
2.3 Any variation to these Terms and Conditions must be agreed in writing by Heathery Heights.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Heathery Heights may be entitled in relation to the Services, by virtue of any statute, law, or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5 Heathery Heights reserves the right to change these Terms and Conditions without notice. Please check the website from time to time for any changes as they will be binding.
3. Online Booking
3.1 Heathery Heights specialises in guided walks and related activities for individuals and small groups. For larger groups, please do not use the booking form. Instead, please contact Heathery Heights for information on how to book. Heathery Heights does not provide accommodation services or operate transport services, save for organising licensed transport services on occasion, depending on the tour. Where other services are required to deliver a Service sold by Heathery Heights, the Customer is responsible for booking that directly with a third-party provider. That provider will have its own terms and conditions and insurance, which will apply to the Customer. Heathery Heights is not a party to this relationship and accepts no liability in this regard.
3.2 To make an online Booking please complete the online booking form on our website.
3.3 An online Booking may only be made by persons over the age of 18. The Customer making the online Booking does so on behalf of all persons in the group and is deemed to have the authority to do so. All persons included on a Booking are “Customers”, and these Terms and Conditions apply to them. The Customer, by making the online Booking, accepts all these Terms and Conditions on behalf of all such individuals.
3.4 Persons under 18 years of age may form part of a group where an activity is deemed suitable if a parent or appointed responsible adult accompanies them at all times. It is the duty of the parent or appointed responsible adult to ensure that those in their care comply with these Terms and Conditions in their entirety. Please check the activity being booked for more information or discuss requirements with Heathery Heights to ensure a Booking is appropriate and to avoid disappointment, particularly for younger children. If a Customer books on behalf of a child and that activity is not suitable for a person of that age, Heathery Heights reserves the right to refrain from providing the Services to that individual and will not be responsible for any loss suffered to any Customer as a result of this decision.
3.5 Heathery Heights welcomes persons from every background and with a wide range of abilities. Please discuss requirements with Heathery Heights to ensure a Booking is appropriate and to avoid disappointment.
3.6 Customers must complete and accept the online Booking form in its entirety and submit it to Heathery Heights with the full payment. Please see section 6 for further information on secure payments.
3.7 The Agreement between Heathery Heights and the Customer, incorporating these Terms and Conditions, shall only come into force when all of the following criteria are fulfilled:
• Heathery Heights receives the online Booking;
• Heathery Heights receives the full payment; and
• Heathery Heights confirms the online Booking in writing to the Customer, by email
Prior to confirmation, Heathery Heights reserves the right to refuse any online Booking. Payments, less expenses incurred, will be returned to the Customer if an online Booking is refused.
4. Bespoke Booking
4.1 To make a bespoke Booking please complete the online enquiry form or contact Heathery Heights in order to create a Bespoke Booking Proposal. When the Bespoke Booking Proposal is agreed between the Customer and Heathery Heights, a provisional date can be held for up to 7 days. A Bespoke Booking Proposal is not secured until a confirmed Booking Agreement is made (see 4.6).
4.2 A bespoke Booking may only be made by persons over the age of 18. The Customer making the bespoke Booking does so on behalf of all persons in the group and is deemed to have the authority to do so. All persons included on a Booking are “Customers”, and these Terms and Conditions apply to them. The Customer, by making the online Booking, accepts all these Terms and Conditions on behalf of all such individuals.
4.3 Persons under 18 years of age may form part of a group where an activity is deemed suitable if a parent or appointed responsible adult accompanies them at all times. It is the duty of the parent or appointed responsible adult to ensure that those in their care comply with these Terms and Conditions in their entirety. Please discuss requirements with Heathery Heights to ensure a bespoke Booking is appropriate and to avoid disappointment, particularly for younger children. If a Customer books on behalf of a child and that activity is not suitable for a person of that age, Heathery Heights reserves the right to refrain from providing the Services to that individual and will not be responsible for any loss suffered to any Customer as a result of this decision.
4.4 Heathery Heights welcomes persons from every background and with a wide range of abilities. Please discuss requirements with Heathery Heights to ensure a bespoke Booking is appropriate and to avoid disappointment.
4.5 Customers must complete and accept the Bespoke Booking Proposal in its entirety and return it to Heathery Heights with either the full payment or a non-refundable deposit. Please see section 6 for payment details. Failure to do so will result in there being no contract entered into with Heathery Heights, and the proposed date for the Services will not be secured.
4.6 The Agreement between Heathery Heights and the Customer, incorporating these Terms and Conditions, shall only come into force when all of the following criteria are fulfilled:
Prior to confirmation Heathery Heights reserves the right to refuse any Booking. Payments, including deposits less expenses incurred, will be returned to the Customer if a Booking is refused.
5. Product purchase
5.1 Heathery Heights offers a small range of Products for purchase when a Booking for a Service is made.
5.2 To purchase a Product, Customers may submit orders via the website. The Customer may select the Product for purchase and will be asked to enter their payment details using a facility provided by our third party payment provider (currently Stripe). This keeps the Customer’s payment details secure. Once payment has been confirmed as received, Heathery Heights will send an order confirmation by email to the Customer. Until such time, the Customer’s order is not confirmed, and there is no legal contract formed between the Customer and Heathery Heights.
5.3 Purchase of a Product may only be made by persons over the age of 18. The Customer, by purchasing a Product, accepts all the Terms and Conditions herein.
5.4 Please check the Product is available before making payment to avoid disappointment. If the Customer places an order for a Product that becomes unavailable, Heathery Heights will inform the Customer as soon as possible and provide a refund.
5.5 Heathery Heights will either arrange to post the Product to the Customer prior to the booked Service or supply the Product on the day of the booked Service. The latter may be necessary if there is too short a period between purchase of the Product and delivery of the Service for the Product to arrive in time, or if Heathery Heights is unavailable to post the Product prior to the Service. Where Heathery Heights posts the Product to the Customer and it does not arrive in time for a Booking, Heathery Heights bears no liability.
5.7 Returns Policy. If a Customer is not satisfied with a Product and, in order to be eligible for a refund or replacement, the Product should be returned within 30 calendar days of purchase. The Product must be in the same condition as received. Once Heathery Heights has received the Product, it will be inspected prior to processing any refund. The money will be refunded to the original payment method used by the Customer during the purchase. For credit card payments, it may take 5 to 10 business days for a refund to show up on a credit card statement.
If the Product has been used or is damaged in any way, or the Customer initiates the return after 30 calendar days have passed, the Customer will not be eligible for a refund unless 5.8 applies. If anything is unclear, please contact Heathery Heights.
5.8 By law, Heathery Heights must provide the Customer with Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information Heathery Heights has provided, and that match any samples the Customer has seen. If the Products do not comply with this when the Customer receives them, or are incorrect, please contact Heathery Heights at firstname.lastname@example.org. If Heathery Heights has not complied with this clause 5.8, it will arrange for a replacement, repair, or refund of the Products.
5.9 Risk in the Product passes to the Customer when delivery has been completed (including leaving the Product in a safe place at the Customer’s designated delivery address). Title passes to the Customer only on full payment of the purchase price.
6. Price and payment
6.1 Pricing for Services are as displayed on the Website at the time of making a Booking. Please contact Heathery Heights for a price when making a Bespoke Booking. Pricing will depend on group numbers and requirements. Please get in touch for more information.
6.2 To reserve a Bespoke Booking for Services, the Customer is required to pay either:
A non-refundable deposit of 30% with the remaining balance due four weeks (28 days) prior to the commencement of agreed Services
Payment in full at the time of booking for Bookings made within four weeks (28 days) of the commencement of agreed Services.
6.3 Heathery Heights accepts online payments via a secure payment gateway and processing platform (currently Stripe), or, for Bespoke Bookings or Products, bank transfers will also be accepted. Deposits and fees are not considered paid until they have cleared into our bank account (to the bank details we provide you with).
6.4 Heathery Heights is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer, or cancel the Services, where any payment due to Heathery Heights is late.
6.5 The Customer is not entitled to withhold any monies due to Heathery Heights; failure to pay any balance due by the correct date may result in Heathery Heights cancelling the Booking with no recompense.
6.6 Heathery Heights is entitled to vary the price to take account of:
and the Customer will be informed of any such variation in writing (including by email).
7. Customer Obligations
7.1 The Customer acknowledges that the Booking is based on their acceptance of the following:
7.1.1 Risk: There is inherent risk when undertaking outdoor activities. Our activities often take place in mountainous and remote areas. Such environments may involve a wide range of hazards including, but not limited to, water; uneven and/or slippery ground; scree; inclement weather conditions; steep terrain; remote location; farm and other animals; people and manmade hazards. Such hazards may carry a risk of injury or death. Heathery Heights will take all reasonable steps to ensure the safety of its participants. However, it is ultimately the Customer’s responsibility to take care and ensure their own safety.
7.1.3 Safety: The Customer agrees that they will act in a safe and responsible manner at all times and that they are prepared to take responsibility for their own actions and involvement whilst participating in any activity provided by Heathery Heights. The Customer agrees to abide by instructions and guidelines provided by Heathery Heights and any appropriate government guidelines, which may include but is not limited to following Governmental/Public Health/WHO guidelines for the country in which the activity is being undertaken; ensuring the Customer has suitable clothing/footwear, food, and equipment for the activity; and respect for the environment. The Customer understands that Heathery Heights reserves the right to cancel or alter routes/activities if issues arise that compromise safety including inclement weather, injury, bad behaviour, and unsuitable equipment. (Please see 17 for separate conditions appertaining to Force Majeure)
7.1.4 Dogs: Heathery Heights welcomes dogs on many Guided Walks but there may be routes which are unsuitable or where there are exclusions in place. Please check the specific Service for online Bookings and/or contact Heathery Heights about the suitability of a route before bringing your dog. Customers are fully responsible for their dogs and must ensure they are kept under close control at all times. Heathery Heights accepts no liability for loss, damage, infection, or injury associated with a Customer’s dog in any form. If a Customer arrives on the day with a dog, and it is not suitable to have that dog and/or Heathery Heights has not been notified in advance that the dog will be in attendance, Heathery Heights reserves the right to refuse access to the Services to the relevant Customer.
7.1.5 Countryside Code (England & Wales)/Scottish Outdoor Access Code (Scotland): The Customer agrees to follow the Countryside Code/Scottish Outdoor Access Code guidelines to help preserve and look after the special qualities of the environment, its flora and fauna. More information can be found at the gov.uk website here and https://www.outdooraccess-scotland.scot/. The BMC ‘Green Guide to the Uplands’ booklet is also very useful and can be found online.
7.1.6 Images: Heathery Heights records activities via photography, digital imagery, video, and sound for marketing purposes relating solely to the business of Heathery Heights.
7.2 The Customer shall be liable for any expenses incurred by Heathery Heights as a result of the Customer’s failure to comply with the obligations as defined by these Terms and Conditions.
8. Heathery Heights Obligations
8.1 Heathery Heights shall supply the Services as specified in the booking Agreement, or Product as described on the website.
8.2 Heathery Heights is committed to Customer satisfaction and shall perform the Services with reasonable skill and care, to a reasonable standard and in accordance with recognised codes of practice.
8.3 Heathery Heights shall comply with all relevant health and safety regulations and within the remit of the relevant mountaineering/outdoor activity qualification gained.
8.4 Heathery Heights shall ensure that all necessary qualifications and certificates required to provide the Services are current and as required by law.
8.5 Heathery Heights shall hold a valid public liability insurance policy.
9.1 The Customer may need to cancel or request a change of Services with Heathery Heights for a number of reasons. Cancellations and requests for a change of Services, including date, should be made immediately to Heathery Heights by phone, followed by a confirmation in writing.
9.1.1 Where a Customer requests a change of Services, including date, Heathery Heights will endeavour to amend the booking where possible to suit the Customer. However, please note Heathery Heights is at no obligation to do so and a change may be construed as a cancellation.
9.1.2 Where a Customer requests a cancellation of Services less than four weeks prior to commencement of agreed Services, Heathery Heights is entitled to retain the non–refundable deposit and the balance of monies owed must be paid in full. This is due to a significant proportion of the work to provide the Services being already completed, and to reflect the saving of a date, which has not been made available to other Customers. If the Services are resold prior to their commencement, Heathery Heights is entitled to retain the non-refundable deposit, and refund other sums paid to the Customer (subject to deduction of expenses and any shortfall in the re-booking amount).
9.1.3 Where a Customer requests a cancellation of Services more than four weeks prior to commencement of agreed Services, Heathery Heights is entitled to retain the non–refundable deposit as a reflection of time spent. However, other monies paid to Heathery Heights will be refunded in full subject to the deduction of expenses incurred by Heathery Heights on behalf of the Customer.
9.2 Heathery Heights, whilst endeavouring to avoid changes or cancellations, has the right to change or cancel Services offered in accordance with these Terms and Conditions. If, for any reason, Heathery Heights has to cancel Services outside these Terms and Conditions, the Customer will be offered either an alternative date or a full refund for any monies paid for Services cancelled including the deposit.
It is highly recommended that the Customer takes out adequate holiday/travel insurance, to cover accommodation, travel, hillwalking, and any other outdoor activities in which they wish to participate. Heathery Heights accepts no liability for costs other than those ascribed to in these Terms and Conditions. Personal insurance will give the Customer peace of mind and will usually cover a variety of issues that may arise, i.e., delays or cancellation for travel and accommodation; loss, damage to or theft of equipment; illness or injury. Heathery Heights bears no responsibility for any changes to a Customer’s travel plans or any issues with third party suppliers or travel providers.
11. Intellectual Property Rights
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of Heathery Heights and cannot be used by the Customer without the written permission of Heathery Heights.
12. Property and Risk
12.1 Heathery Heights takes every care to ensure property and equipment belonging to Heathery Heights is in good condition and fit for purpose. Risk in any property or equipment used to provide the Services shall pass to the Customer when they are in the physical possession of the Customer, i.e., if a Customer borrows compass, walking poles or a head torch.
12.2 Title or ownership of any property or equipment belonging to Heathery Heights remains with Heathery Heights. Any property or equipment belonging to Heathery Heights that is lost or damaged whilst in the possession of the Customer must be paid for in full.
13.1 The Agreement shall continue until the Services have been provided in terms of the Booking, the Product has been delivered to the Customer, or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
13.2 Either party may terminate the Agreement by notice in writing to the other if:
13.2.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so;
13.2.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances;
13.2.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
13.2.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.2.5 the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.
13.3 In the event of termination, the Customer must make payment to Heathery Heights of any sums due in respect of deposits, Services and expenses incurred up to the date of termination.
13.4 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Heathery Heights warrants that the Services will be performed using all reasonable skill and care. Heathery Heights warrants that all reasonable care is made to supply Products that are fit for purpose.
15. Limitation of Liability
15.1 Heathery Heights shall not be responsible for:
15.1.1 losses that were not caused by any breach on the part of Heathery Heights;
15.1.2 losses outside the Agreement for Services or Products (including but not limited to accommodation, travel, food, equipment);
15.1.3 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
15.1.4 any indirect or consequential losses that were not foreseeable to both the Customer and Heathery Heights (i.e., Force Majeure).
15.2 Heathery Heights shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Customer’s legal right to have Services or Products provided within a reasonable time or to receive a refund if Services or Products ordered cannot be supplied within a reasonable time owing to a cause beyond Heathery Heights’ reasonable control.
15.3 Nothing in these Terms and Conditions limits or excludes Heathery Heights’ responsibility for fraudulent representations made by it or for death or personal injury caused by Heathery Heights’ negligence or wilful misconduct.
15.4 Heathery Heights’ total liability under these Terms and Conditions, or in any respect related thereto, is limited to the price the Customer has paid for the Services and/or Products.
The Customer indemnifies and holds harmless Heathery Heights against all claims, costs, and expenses which Heathery Heights may incur, and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
17. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorist activity, epidemics, pandemics, government rules or regulations, fire, flood, severe weather conditions and unavoidable or unforeseeable technical problems with transport, and the party shall be entitled to a reasonable extension of its obligations.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Heathery Heights.
If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Booking or such other address as such party may from time to time have communicated to the other in writing. If a notice is sent by email it shall, unless the contrary is proved, be deemed to be received on the day it was sent; if given by letter it shall, unless the contrary is proved, be deemed to have been served at the time at which the letter was delivered personally or if sent by post it shall, unless the contrary is proved, be deemed to have been delivered in the ordinary course of post. This will not apply to the service of legal proceedings.
22. Entire Agreement
These Terms and Conditions supersede any previous agreements, arrangements, documents, or other undertakings either written or oral.
23. Governing Law
These Terms and Conditions, and any non-contractual obligations arising hereunder, shall be governed by, and construed in accordance with the laws of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.