Terms & Conditions

 

General

Land Sea Air Support Ltd is a registered company “the company”) at: (4 Lothian Street, Dalkeith, Scotland, United Kingdom, EH22 1DS). Mountain Wilderness Survival is a trading name and division of the said registered company providing outdoor experiences/courses, guiding services. Communication services to aircraft, maritime vessels for the U.K offshore industry.

Mountain Wilderness Survival (referred further as “the company” in this document) accept no responsibility for loss, damage, death or injury to personal or private property whilst customer(s) undertake activities organised by the company, unless the company is proven to have been negligent in their duty of care.

The term ‘guide’ refers to an instructor or any other person deemed suitably qualified in their field to provide services on behalf of the company.

The company will have the required and appropriate insurance in place and this can be viewed upon request by the customer(s).
We the company will ensure all instructors will hold the appropriate qualification where required by the national governing body.

The required risk assessments will be undertaken prior to an activity or course taking place these may be in the form of a ‘static’ or ‘dynamic’ risk assessment depending upon location and genre of the specified activity/course.

The company reserve the right to change course location, content and itinerary if operational challenges occur.

Complaints & Liability

If the customer is unsatisfied with any aspect of services, courses, challenges provided, they are to notify the Director R. Williams immediately so that the situation can be rectified. If this is not the case they must submit in writing within 5 working days about the nature of their grievance so that the company can offer an alternate solution.

It is a condition of booking and liability that no persons attending any event by the company be under the influence of alcohol or drugs.

All prescribed or ‘over the counter’ medication must be declared prior to the course taking place and mentioned via the booking form or in writing via e-mail.

Under no circumstances the company will not be liable for costs over the value of the agreed price for service, courses or challenge events.

The company reserve the right to exclude customer(s) from the agreed service, course or event in respect of safety, attitude and abusive behaviour. The customer(s) will not be entitled to any refund in this situation.

The customer agrees to abide by company staff instructions and as a condition of booking the customer(s) must at all times pay attention to company staff to ensure the safety of all.

The company cannot guarantee the condition or provide warranty or be held responsible for the owners property whilst customer(s) are taking part on a course or services by the company. Any loss damage or injury caused whilst on the owner’s property will be the responsibility of the customer(s) and owners of the property.

It is a condition of booking that the customer(s) will have in place their own personal insurance in case of medical, repatriation or cancellation of courses prior to undertaking any services provided by the company.

The customer(s) will fully indemnify the company against any loss, damage or cost to the owner due to the customer(s) failure to pay, damage or raise claims against the company due to any occurrence out with the control of the company.

We accept no responsibility for illness, infection or any other medical ailment caused by foraging as this is undertaken at the customer(s) own risk and they must understand that it is advised that caution should always be taken when foraging in the outdoors.

The customer(s) are liable for their actions whilst on course or a service provided by the company, should they cause damage, loss, neglect or admit responsibility on their own omission or otherwise they shall pay the Owner for the cost of repair/replacement to the property at their own expense and time.

The terms and conditions listed on this page are subject and governed by Scottish law
Meaning in Terms & Conditions a) the company shall mean Mountain Wilderness Survival a division of Land Sea Air Support Limited b) the term Owner is the person(s) who have legal and lawful ownership of the land or property c) Property shall mean the land, building or area in which the company conduct their activities in agreement with the owner.

Booking

Personal guided services: MWS Guide is a service provided for the customer wishing to hire an MWS guide for their hill/expedition days.

We use stripe as our online payment system and their data protection terms can be viewed on our Privacy policy (the company have no control over what data our third party platforms hold on our customer(s)).

All booking fees are payable at time of booking to secure services on the agreed date.

All bookings require full payment for guided services to secure the customer(s) required service and agreed date.

No services will be supplied by the company unless full payment is received for personal guiding services MWS Guide.

The agreement is subject to the customer(s) submitting payment and the required booking form alongside with the health declaration form.

All bookings require payment via bank transfer, BACS, CHAPS or via internet sale on the company website.

All banking charges including currency exchange charges are the sole responsibility of the customer(s).

Expeditions, Challenges and Courses: This shall mean events such as three peaks challenges, expeditions requiring 1 night or more out on the hill/forest, survival/bushcraft courses.

For courses, challenge events 25% deposit is required at the time of booking (all accommodation, transport booked through the company is non-refundable)

For ‘MWS Guide’ services should the customer change the date or be unable to participate on the agreed date, within 14 days of the event taking place, then the company reserve the right to retain the full amount paid for services.

The customer(s) is responsible for additional costs incurred on all courses, challenges and services provided by the company, where adverse weather, incident or transportation strike, cancellation and changes occur. The customer(s) accepts that the company will not bear the charge of extra costs during.

Cancellation Policy

Cancellation by the company

Should cancellation or disruption occur due to events out of the company’ control such as, natural disasters, acts of terrorism, disease outbreak, strikes, government or civil action that may be industrial or otherwise then the company cannot be held liable for this. The customer(s) may be liable to a refund subject to conditions. a) the costs incurred by the company will be subtracted before the remainder of the refund is made to the customer(s).

Should the company be unable to provide the greed services on the said date the company will fully refund the customer unless the forced cancellation is out of the control of the company. If the company cancel we may a) offer an alternate date which may include additional charges which are payable by the customer(s) b) offer a full refund for the cost of the course/services cost only.

The customer(s) must write within 5 working days if the proposal by the company is acceptable and arrangements can be made.

Should the agreed alternate course or date be more expensive, then the company reserve the right to charge the additional extra cost to the customer(s) for this.

Instructors/Guides have no right to offer refunds on behalf of the company. All refunds will be made directly from the company should the customer(s) qualify.

The company will notify all customers via e-mail or their preferred method of contact to inform them of the cancellation.

The company accept no responsibility for additional costs incurred by the customer due to cancellation by the company.

The company advise customers to ensure the appropriate insurance is in place for their booking with the company (the customer is responsible for their insurance).

Cancellation by Customer

Should the customer wish to cancel, they may be entitled to a refund detailed below in respect of days until the booking/departure. Please be aware that should the customer cancel due to mitigating circumstances then the company unfortunately cannot waiver these conditions.

For Transport, Camping, Hotels, Bunkhouses and all other accommodation/travel paid by the company on behalf of the customer(s) full payment is required to secure the booking. This is non-refundable.

Customers are advised, as a condition of booking, they are to take the required insurance cover in case of such events.

For DofE expeditions cancellation and refunds can only be possible over 60 days (8 weeks) prior to the event taking place. If the cancellation falls within day 59 of departure then 100% of the costs will be retained by the company due to logistical, administration costs and supervisor/assessor booking.

For MWS Guide days, Private Expeditions (excluding DofE Expeditions see 4.2.4), Peak challenges and all other courses the following applies in lieu of refunds in the event of cancellation by customers:

59 days prior to departure (8 weeks) Loss of 25% deposit
28-58 days prior to departure  (4-7 weeks) Loss of 50% of total cost
15-27 days prior to departure  (>2-3 weeks) Loss of 80% of total cost
0- 14 days prior to departure  (2 weeks) Loss of 100% of total cost

Young People under 18 years old (Children)

People under 18 years old are defined as (“children”) and will require the booking/agreement form signing by the parent or guardian no later than 14 days to the service or activity taking place (failure to do so will result in the agreement being forfeited by the customer(s) and the company retaining the deposit/fee for services)

People under 18 years old may be required to submit proof of age to ensure that adequate supervision and child protection procedures can be ensured by the company.

People under 18 years old, and who are on course with parent or guardian, are the responsibility of the ‘adult in charge’ and whilst participating in activities provided by the company responsibility of the ‘child’ is understood to be the ‘adult in charge’ of the ‘child’.
Photographs/Video of people under 18 years old (with consent) will only be used for social media/verification purposes and may be used by the company for responsible marketing only. This can be agreed between the company and the ‘adult in charge’ of the child prior.

MWS Guides may wear body or helmet mounted cameras for safety and protection reasons.

The company will require the adult in charge, parent or guardian to agree if they allow the company to use photos, videos for coaching reasons.

The company will require the adult in charge, parent or guardian to agree if they allow photos, videos for social media or marketing purposes.

These terms form part of our Equal Opportunities, Staff Hiring Policy and Child Protection Policy.

Privacy Policy & Sharing Information

All customers are advised to read our Privacy Policy alongside these Terms & Conditions.

The company complies with Data Protection Act 1998 & General Data Protection Regulation 2018 (Full details are available on our Privacy Policy)

The company will not share, sell, rent or pass on your personal information to third parties (unless they are official emergency authorities in the rare event of incidents occuring).

The company may use video and photographs for social media and marketing purposes for the intention of verification, marketing and safety.

The company will collect information about you so that your booking may be completed. This information will not be shared with any third party unless it is in the interests of Medical/Emergency.

We will collect details of medical conditions, next of kin, parental or guardian consent (for young people under the age of 18). This will include names and addresses with contact telephone numbers.

The company will destroy sensitive data such as medical information once our contract has ended. Unless there is a notable incident then your information regarding Medical conditions may be retained for a period of up to five years.

The company will only retain your information in the form of e-mail confirmation/booking forms where these will be held in a secure encrypted digital manner, only company Staff will have access to this information.

Information regarding young persons under the age of 18 years old will require parents or guardian’s signature with full contact details.

If proof of identification/age is required then the company reserve the right to request this in a satisfactory format.

Safety Policy: Customer(s) agreement

Outdoor activities can be hazardous it is imperative that all customer(s) fully respect the company Guide/Instructors and adhere to their instructions at all times, By making a booking you automatically agree to these conditions.

Should the advertised or intended route, challenge, expedition or course need to be changed due to interests in safety such as weather or other factors out with the control of the company, then all customer(s) accept this as part of living/working and participating in outdoor activities.

Under no circumstances customer(s) shall hold the company liable for change in agreed services, courses or challenges in the interest of safety.
The nature of outdoor activities is naturally hazardous. If the customer(s) feel that they are uncomfortable with the situation they are responsible for drawing the MWS Guide to their attention.

It is agreed that by making a booking the customer(s) agree that there is risk involved in participation of outdoor activities and that serious injury or death can occur. It is a condition of booking in that by making a booking that customer(s) understand and accept this.

Customer(s) must make the company aware of any health issues that may affect their wellbeing or performance whilst participating.

Customer(s) are reminded that a good degree of fitness is required to undertake outdoor activities.