Terms and conditions
(a) You must be over 18 years old to make a booking.
(b) Participants under the age of 18 must be accompanied by a parent/guardian or designated group leader.
(c) Sponsorship monies should be forwarded direct to CRY UK as soon as possible after the walk.
(d) Cancellation of the night walk on or after 3 February will result in the loss of the registration fee.
HEALTH & FITNESS REQUIREMENTS: Your health and fitness needs to be appropriate for this event. We recommend you seek medical advice if you are uncertain and you must not take part against that advice. CRY UK reserve the right to refuse any participant the right to commence or require the participant to cease participation in the event should we believe it necessary on medical grounds. The participant agrees to provide CRY UK all relevant medical information relating to their health.
MEDICAL DISCLOSURE: If you fail to comply with the duty of medical disclosure and if CRY UK would not have permitted you to undertake the event, or continue participation, had you made full disclosure, CRY UK will not be liable for personal injury, death or property damage or loss incurred by you. Nothing in this clause excludes or limits our liability for fraud, death or personal injury which arises as a result of our negligence.
EVENT LEADERS: An event leader is a nominated person given at any time the task of leading or supervising any aspect of the event. CRY UK takes event leaders responsibilities seriously and if for any reason an event leader believes, in his or her absolute discretion, that you should not participate in the event due to you committing an illegal act, or in the opinion of the event leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the event leader's instructions. In this case you will not be entitled to any refund.
ROUTE CHANGES, POSTPONEMENT, CANCELLATION, DELAY:
CRY UK reserves the right to:
(a) change the date of departure or conclusion of the event, or
(b) modify any aspect of the event, or
(c) cancel or modify any routes within the event as set out in the itinerary, or
(d) substitute different or equivalent routes in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the event) any such aspect of the event
if, in the absolute discretion of CRY UK, it is necessary to do so due to inclement weather, snow or icy conditions or those that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions, or if, in the absolute discretion of CRY UK, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the event or any aspect of the event being undertaken in accordance with your booking or for any other reason considered necessary by CRY UK. In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the event price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
If any such change, whether before or during the event, necessitates additional costs (including accommodation or ground transportation) to be charged, you agree that you will pay additional costs as reasonably required by CRY UK.
ITINERARIES: Itineraries and other details, including minimum operating numbers, are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made if deemed necessary or advisable by CRY UK.
INSURANCE: Personal travel insurance is not included in the event price and it is not a condition of booking with CRY UK. There is always a risk of injury with any outdoor event and it is at your discretion whether you take out an insurance policy. CRY UK strongly recommends that you arrange appropriate personal travel insurance.
FORCE MAJEURE: If CRY UK is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside CRY UK’s reasonable control, CRY UK will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the event or take any other action.
ASSUMPTION OF RISK: You acknowledge that:
(a) by the very nature of adventure events, they are more challenging and demanding with a commensurately higher level of risk compared with conventional events; and
(b) the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; extremes of weather, including sudden and unexpected changes; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and
(c) the enjoyment and excitement of adventure events is derived in part from the inherent dangers and risks associated with adventure events and that those inherent dangers and risks are a reason why you wish to undertake the event.
For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed event and the accompanying risk of injury, death or property damage or loss.
RELEASE AND WAIVER OF LIABILITY: In consideration of CRY UK accepting your booking and in consideration of you being permitted by CRY UK to join the event:
(a) you release CRY UK and its officers, employees, agents, licensees, guides and other representatives and the land management authorities in the countries in which the event is conducted (each of whom are collectively referred to as “CRY UK and its employees” from all financial or economic cost, liability, loss or damage or damage to or loss of your property incurred or suffered by you directly or indirectly during the course of the event. CRY UK shall not be liable for personal injury, illness or death unless caused by the negligence or wrongful act of CRY UK and its employees; and
(b) you waive any claims you have, or may at any time have, against CRY UK and its employees and you agree, by accepting the additional inherent dangers and risks associated with the event, not to make any claim against or seek any compensation from CRY UK and its employees in respect of any personal injury, illness or death suffered by you (unless such death or personal injury is caused by the negligence of CRY UK) or damage to or loss of property sustained by you as a result of your participation in the event.
(i) If, despite the release and waiver given under this condition, CRY UK is found to be liable for damages to you, you agree that the maximum amount of such damages will be limited to the price paid for the event. In the event that CRY UK makes any payment to you in respect of any damages claim brought by or on your behalf, you must assign to us or our insurers, as we require, all your rights to pursue any third party and you must provide all reasonable cooperation to us and our insurers in relation to the pursuit of any claim.
(ii) You accept that the release and waiver is reasonable given the nature of the event and given the wide availability of travel insurance and you agree to check the terms of your travel insurance policy to ensure that it provides adequate cover. Nothing in these terms and conditions shall exclude or limit CRY UK’s liability for fraud, dishonesty or wilful concealment.
MISCELLANEOUS: A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions; however, the remainder of the conditions are not altered.
EVENT TIMINGS: Our responsibility does not commence until you have met our representative at the appointed time at the designated meeting point. If you fail to arrive there at the appointed time, we shall not be responsible for any additional expenses incurred by you in order to meet up with the group.
INFORMATION: Any information or advice provided by CRY UK on matters such as climate, clothing, baggage, special equipment, is given in good faith but without any responsibility whatsoever on the part of CRY UK.
ARBITRATION: Any complaint arising out of your event must be brought to the attention of CRY UK. Your complaint should be made in writing within 24 hours of the cause of the complaint and signed by the CRY UK representative confirming that it was brought to his or her attention. If your complaint is not satisfactorily resolved and you wish to pursue the matter on return from your event, you must submit your written complaint to us within 14 days of your return. CRY UK will not be liable in relation to any complaint or problem if you fail to notify the CRY UK representative during the event or CRY UK upon your return, strictly in accordance with this condition.
AUTHORITY ON THE EVENT: By signing the booking form you agree to accept the authority and decisions of CRY UK employees, event leaders, agents and suppliers during the event. If, in the opinion of any CRY UK representative, your health or conduct appears likely to endanger the progress of the event or other participants you may be excluded from the whole of, or part, of the event. In the case of ill-health, CRY UK reserves the right to make such arrangements for your well-being as deemed necessary and to recover the whole of the costs thereof from you. If you commit an illegal act CRY UK ceases to have responsibility to or for you.
THE CONTRACT: This contract (including all matters arising from it) is subject to English law and the exclusive jurisdiction of English courts.