Terms & Conditions
Please do not use our website or Services if you disagree with any part of these terms and conditions.
- I recognise that outdoor swimming is an activity with a danger of personal injury or death. I agree and acknowledge that I am fully aware that participation in the ‘Activity’ involves risks and accept all the risks of participating, except our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Services. “Released Party” means Wild Hebridean Swimming, or any of its affiliates, franchisees and their respective representatives, directors, officers, agents, any instructor or teacher employees or volunteer staff. I agree and acknowledge that:
- I am in proper physical condition to participate in or use the Services, and am aware that participation could in some circumstances, notably cold water swimming, result in serious physical injury or death.
- I agree to notify Wild Hebridean Swimming of any medical condition or otherwise (such as pregnancy) which may affect me and/or require adaptations to be made for me, during my holiday.
- if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered
- I am aware that it is advisable to consult a physician prior to participating in or using the Services. If I have consulted a physician, I have taken the physician’s advice.
- I understand that these terms and conditions cover any activity in any venue used by Wild Hebridean Swimming or external event run by Wild Hebridean Swimming or any Released Party.
- I will notify coaches/instructors/volunteers immediately of any pain and/or major discomfort felt during any activity.
- I accept full responsibility for any product or technology loaned to me as part of participation in or using the Services and commit to return the same in good working order.
- I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, except our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.
- I agree not to sue any Released Party for Claims I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, except our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- I am aware that there is no obligation for any person to provide me with medical care during any activity. I understand and acknowledge that there may be no aid stations available for the activity.
- I grant my permission to the Released Party and any transferee or licensee or any of them, to utilise any photographs, motion pictures, videotapes, recordings and other references or records of any activity which may depict, record or refer to me for any purpose (“Likeness”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.
- No warranties or representations have been made to me about the Services which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnify.
- From time to time, any Released Party may offer inducements to prospective and existing customers to attract business or to increase their business. These offerings may be limited to certain dates and time periods, physical locations, or service types and quantities. The offers may be withdrawn at any time without notice and without any recourse to the Released Party.
- If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Any payments for faulty goods are returnable within 28 days of purchase provided they are unused and in the same condition they were when purchased. Full refund can be obtained and if it is beyond the 28 day period a credit voucher will be offered.
- You agree that you will only access, use or print any of the Site’s contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
- The entire contents of these web pages remain our property and is copyright with all rights reserved.
- Whilst every attempt is made to ensure that advertised retreats run, we reserve the right to cancel any holiday we offer if there are insufficient bookings and we will notify you of cancellation as soon as possible. In the event we cancel your holiday we will offer you a full refund of the holiday price or another place equal to the value of your original booking on another holiday of your choice with us subject to availability. Prices can vary between holidays. We cannot be held financially liable for any travel arrangements you have made before we confirm the holiday as going ahead (9 weeks prior to the trip).
- The scheduling and content of activities is liable to change, often at short notice, as a result of but not exclusive to, changing weather conditions.
- The full holiday price is payable upfront. If you cancel your holiday within 3 days of booking, the monies will be fully refunded. If you cancel your holiday after 3 days of booking but more than 90 days before the holiday starts we will refund you 75% of the amount paid.
- Please contact us on firstname.lastname@example.org if you have a replacement guest for your holiday place. Party transfers are permitted prior to the holiday start date subject to room occupancy preferences.
- If you cancel a 121 or group coaching session within 24 hours of your scheduled booking we reserve the right to retain full payment unless we can fill your place.
- We cannot be held financially liable for any cancellations or delays in your independent travel arrangements. We will however try and accommodate any delays in your arrival as much as is practically possible without it affecting the whole group.
- Our itineraries are subject to weather, time and tides and we reserve the right to make last minute changes.
- We strongly advise that you take out your own travel insurance upon booking as your contract with us does not include any accident, sickness, unforeseen event causing you to cancel your place or in the event we need to cancel the holiday. We do not accept any third-party liability or loss or damage to personal property.
Your Contact Details
- Your account information is held by our 3rd Party software supplier Beyonk. Please read their terms and conditions of use carefully.
- You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account.
- You agree to notify Wild Hebridean Swimming immediately of any unauthorised use of your Account or password, or any other breach of security.
- You also agree that Wild Hebridean Swimming may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation:
(1) any abuse what so ever of the Site
(2) violations of the Terms and Conditions,
(3) failure to pay for subscriptions or purchases,
(4) suspected or actual copyright infringement,
(5) unexpected operational difficulties, or
(6) requests by law enforcement or other government agencies.
You agree that we will not be liable to you or to any third party for termination of your access to the Site.
Health & Safety Disclaimer
I recognise that outdoor swimming is an activity with a danger of personal injury or death. As a participant in this activity I am aware of and accept these risks and am responsible for my own involvement. We accept no responsibility or liability for participation in any other activity apart from swimming (including but not exclusive to yoga, massage, water sports, external trips, walking). Such activities carry their own terms and conditions that are separate to those of Wild Hebridean Swimming. I agree to:
- Seek the advice of my physician or other qualified health professional before taking part in open water swimming, particularly in water with temperatures below 15 degrees celsius, if I am overweight, pregnant, nursing, regularly take medications, or have any existing medical condition(s).
- Ensuring I have the appropriate equipment (in particular a wetsuit if I have not acclimatised sufficiently before my holiday) and adhering to our risk assessments prior to each activity;
- Stop swimming and seek medical advice if I feel dizzy, faint, light-headed or experience any discomfort.
- Being responsible for exercising within my limits and seeking attention and advice as appropriate. I agree not to force or strain.
- Avoid alcohol and or heavy meals before swimming. Drink fluids (preferably water) before, during and after my session.
- Remember, ultimately, that my health is my responsibility and I participate at my own risk.
Warranties and Disclaimer
a) Our services are provided ‘as is’ and on an ‘as available’ basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
b) We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that makes them available are free of viruses or bugs.
c) Wild Hebridean Swimming may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
d) Wild Hebridean Swimming may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Wild Hebridean Swimming (including if the credit/debit card you use is not valid or does not work for another reason).
Third Party Links
We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own web site and we do not endorse or approve the contents of any such site.
- Sponsorship & Advertising – parts of or all of the Services may sometimes contain sponsorship & advertising. Advertisers and sponsors are responsible for ensuring that any submitted content on our Services comply with relevant laws, regulations and codes and these Terms. We are not responsible for any of the content in these advertising or sponsorship materials.
- Different/ Temporary Terms – from time to time our Site may contain terms and conditions of use which are in addition or different to these Terms and Conditions (eg for certain promotions or special premium content for certain consenting users who allow sponsors to share their personal information) . The additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply only.
Data Protection Act 1998 & Privacy
c) Wild Hebridean Swimming takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, we cannot be responsible for the acts of those who gain unauthorised access.
Severablity & Jurisdiction
a)If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
b)These terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction
Please contact us, if you have any questions concerning the site, Services or any of the policies in these Terms and Conditions, at:
Wild Hebridean Swimming Limited
Cnoc na Sgillinn, Tobermory, Isle of Mull, Argyll & Bute, PA75 6QA Scotland
07770 483 063