Terms and Conditions of Booking
We are La Montee Ltd. ‘We’, ‘us’ and ‘our’ means La Montee Ltd. References to ‘you’ and ‘your’ in these booking terms means all persons on the booking (including anyone added or substituted at a later date).
You must be 18 years old at the time of booking and possess the legal capacity and authority to act and participate as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence.
The key terms of our agreement are:
- You will enter into a binding contract with us when we issue our confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges which could increase to up to 100% of the cost of the cancelled arrangements;
- You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
- In certain cases we may make changes to and cancel your confirmed arrangements but we will pay you compensation in certain circumstances if we do so;
- Some of our arrangements involve physical exertion and/or risk;
- We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this, you must always report any dissatisfaction to us as soon as you can.
Accuracy of information and booking errors
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 8.
1. Our agreement
A binding agreement for your arrangements will come into existence between you and us when we issue a confirmation. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you don’t.
You must make payment for your arrangements in accordance with the instructions we give you. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable.
Deposits of 25% of the total fee for the event can be taken if specifically requested by telephone. Balances to be paid in full no less than 56 days prior to your event.
It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Details of a policy suitable to cover your arrangements are available by contacting the British Mountaineering Council (BMC) www.thebmc.co.uk/insurance. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available. For full details see the insurance page of our website.
4. Special requests
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing via e-mail at email@example.com. Whilst we will try meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Special requests that have been noted on your confirmation or any other documentation do not amount to a promise to meet that request. A failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
5. Hazardous nature of trips. Health, disabilities and medical problems
The trips we offer are by their nature inherently dangerous. We recognise and support the ‘Participation Statement’ on the ‘Acknowledgement of Risk’ page of our website from the British Mountaineering Council (BMC). Prior to commencing your chosen activity/activities, we will ask you to acknowledge your acceptance of the disclosed risks by signing the ‘Acknowledgement of Risk’ form. In doing so you will confirm that you have read & understood the content of the ‘Disclosure of Risk’. We will also ask you to complete a health declaration and a form to give us your consent to give medical treatment deemed appropriate by medical authorities. By participating in our events, you accept the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 3 and the insurance page of our website.
You must have a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. We will give you general information about whether your arrangements are suitable for persons with reduced mobility but many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen arrangements are not suitable for you taking into account your medical condition or disability, we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we may cancel your booking and impose the cancellation charges as set out in clause 7 where in our or our supplier(s) reasonable opinion, the confirmed arrangements are not suitable.
6. The price you pay
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements.
Once your arrangements have been confirmed to you by our confirmation email then subject to other clauses in these terms and conditions, the price will not change.
7. Changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at firstname.lastname@example.org and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
You may cancel your arrangements in the event that circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 9) occur at the place where your arrangements are due to be performed or its immediate vicinity. In this event you will receive a refund of any payments made if the performance of your arrangements will be significantly affected by the unavoidable and extraordinary circumstances but this is the maximum extent of our liability and we regret we cannot meet any other expenses or losses you may incur as a result.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing via e-mail at email@example.com not less than seven days before departure and you pay an ‘amendment fee’ of £40.00 and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Charges in the event of a cancellation
In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):
7 days or less
14 days or less
28 days or less
56 days or less
Over 56 days
Payment is required in full no less than 28 days prior to your booking. In most cases you will be requested to make payment in full online on the date of booking.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
In the event we can meet your requested change, you will have to pay an amendment fee as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
8. Changes and cancellations by us
Pre-departure changes and cancellations
Because we plan your arrangements many months in advance, in some circumstances we must reserve the right to make changes to them and cancel them. Most changes will be insignificant. For example: a change in the timing of a trail or a change of accommodation to accommodation of the same or higher standard within the same destination area. If we make an insignificant change to the main characteristics of your arrangements we will notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.
Occasionally we may have to make a significant change to your confirmed arrangements and if that is the case, we will seek your agreement to do so. A significant change is one where we or our suppliers significantly alter any of the main characteristics of your arrangements. If we have to make a significant change or cancel, we will contact you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
for significant changes) agreeing to the changed arrangements;
ii) having a refund of all monies paid; or
iii) accepting an offer of alternative arrangements of comparable standard from us, if available.
In the event that any proposed change or alternative results in a reduction or increase in the price you have agreed to pay, we will also notify you of any refund or additional amount due.
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.
In some situations, if we make a significant change or cancel after you have paid the final balance of the cost of your arrangements, we may also pay you reasonable compensation but we will not pay you compensation where we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 9; or we cancel your arrangements no later than:
i) 20 days before the start of the package in the case of trips lasting more than six days;
ii) seven days before the start of the package in the case of trips lasting between two and six days;
iii) 48 hours before the start of the package in the case of trips lasting less than two days start because the minimum number of participants to run them has not been reached.
We will not pay you compensation and the above options will not be available where:
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations after departure
If we become unable to provide a significant proportion of your arrangements after you have departed, we will make alternative arrangements for you at no extra cost to you. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a refund in respect of any price differential. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. If you choose to reject them for these reasons or if it is impossible for us to make alternative arrangements, we will pay you compensation in accordance with clause 12 below. If any such changes or cancellations are caused by unavoidable and extraordinary circumstances as defined on clause 9, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
As you will appreciate, we have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in events due to unsuitable weather. If this occurs, you will not be entitled to change or cancel your arrangements without paying ours or the suppliers’ normal charges. You will not be entitled to the options set out above. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
9. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances which we or the supplier(s) of the service(s) in question could not avoid even taking all reasonable measures. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
If you experience difficulty in the event of unavoidable and extraordinary circumstances, we will provide you with appropriate assistance without undue delay by providing appropriate information on health services, local authorities and consular assistance; and assisting you to make distance communications and find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or through your negligence.
If you experience difficulty whilst away or perceive that your arrangements do not conform to those you have booked, please inform the relevant supplier (e.g. your guide or accommodation provider) without undue delay so that they can take steps to assist you or put things right. You should also contact us as soon as possible by e-mail at firstname.lastname@example.org. If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
11. Your behaviour
Our activities are hazardous (see clause 5 above) and so we expect you to behave in a responsible manner, and at all times in line with what is required of you by your guide or other supplier. If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave the guided party or activity, your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
You agree to ensure that all members of your party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any La Montée staff or our supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any La Montée staff or our supplier(s).
Our activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any La Montée staff or our supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs/expenses incurred by you.
12. Our Responsibilities
We accept responsibility as an ‘organiser’ under the Package Travel, Package Holidays and Package Tours Regulations 1992. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you as set out in our agreement, we will remedy any resulting lack of conformity unless that is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the arrangements affected.
Please note that it is your responsibility to:
i) inform La Montée and the supplier concerned of any lack of conformity that you perceive without undue delay, and;
ii) show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances as set out in clause 9.
We will not be responsible or pay you compensation:
- for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you; or
- for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):
- whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions; or
- the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any third party for the complaint or claim in question; and where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
We limit our responsibility to you in the following situations:
(a) Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of all claims not falling under (a) above and which don’t involve injury, illness or death these claims is three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
13. Jurisdiction and applicable law
These ‘Terms and Conditions of Booking’ and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
14. Financial security for packages
The Package Travel, Package Holidays and Package Tours Regulations 1992 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. We provide this protection by way of a trust account administered by independent trustees, Serenity Travel Trusts. This means that in respect of all arrangements requiring protection, in the event of our insolvency, funds will be available to pay a refund of the money you have paid to us. If you book arrangements other than a package, your monies will not be financially protected. Please ask us for further details.