Please review Jeremy Walker's Terms and Conditions before booking on a Workshop. Yes, it's the small print.
1. DEFINITIONS
1.1 - 'Workshop' or 'Photo Tour' means the service provided by JEREMY WALKER to the client as purchased by the client and as advertised on www.jeremywalker.co.uk in accordance with subsections 1.3 and 1.4.
1.2 - 'client' means any customer, whether they be a person or a business placing an order with JEREMY WALKER, or on behalf of whom an order has been placed.
1.3 - 'Booking' means the completed process through which:
1.3.1 - the client duly fills in a booking form whether online or paper copy.
1.3.2 - sends the required deposit payment with the booking form to JEREMY WALKER (in the manner set out on the booking form).
1.3.3 - receives confirmation via email to the address as given in the booking form that their booking is complete.
1.4 - 'Order' means the act of filling in the online or paper booking form and sending it to JEREMY WALKER along with the required payment.
1.5 - 'Force majeure' means any unusual and/or unforeseeable circumstances beyond JEREMY WALKER's control such as war or the threat of war, riots, terrorist activity, civil strife, industrial disputes, natural or nuclear disaster, fire, flood or adverse weather.
1.6 - 'Workshop Description' or 'Photo Tour' means the detailed description of the relevant Workshop or Photo Tour as set out on www.jeremywalker.co.uk or in any other marketing materials produced by JEREMY WALKER.
2. APPLICATION OF THE TERMS AND CONDITIONS
2.1 - These terms and conditions shall apply to all sales of any Workshop or Photo Tour by JEREMY WALKER to the client with the exclusion of any other terms and conditions except those agreed in accordance with subsection 2.3. There are no promises, obligations, oral or written, expressed or implied, other than those contained herein.
2.2 - By submitting their booking form, the client shall be bound by these terms and conditions.
2.3 - Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by JEREMY WALKER.
3. BOOKINGS AND PAYMENTS
3.1 - All submissions made by the client during the bookings process for Workshops and Photo Tours shall be deemed to be an offer by the client to purchase services in accordance with these terms and conditions.
3.2 - A non-refundable deposit of the amount stated in the Workshop or Photo Tour description is required at the time of booking as set out in 1.3 above and must be sent to JEREMY WALKER with the duly completed booking form.
3.3 - Receipt of a deposit does not imply acceptance of the booking.
3.4 - A confirmation of JEREMY WALKER's acceptance of the client's booking will be sent by email as set out in 1.3 above and it is at this time only that a contract comes into existence between JEREMY WALKER and the client.
3.5 - The balance of the cost of the workshop will be due on the date 21 days before the arrival date for the relevant Workshop or Photo Tour as set out in the confirmation email sent in accordance with 1.3 above. If the balancing payment is not received in full by JEREMY WALKER on or before the date falling 21 days before the arrival date for the relevant Workshop or Photo Tour, JEREMY WALKER reserves the right to treat the booking as cancelled and retain the deposit.
If a booking is made less than 21 days before the arrival date for the relevant Workshop or Photo Tour, the client shall pay the full amount for the Workshop at the time of the booking.
4. CANCELLATION AND AMENDMENTS
4.1 - Any cancellation by the client must be made by email. The cancellation charge will be the forfeiture of the deposit.
4.2 - JEREMY WALKER reserves the right to cancel any Workshop or Photo Tour. Should an alteration or cancellation become necessary, except in the case of force majeure, the client will have the choice of accepting alternative dates for the Workshop or Photo Tour as provided by JEREMY WALKER, taking an alternative Workshop or Photo Tour (of identical or lesser value, the difference in price being refunded in the latter case), or withdrawing from the contract and accepting a refund of all monies paid to JEREMY WALKER.
4.3 - JEREMY WALKER reserves the right to alter any of the prices, services or other particulars of a Workshop or Photo Tour before entering into a contract with the client. The client shall receive appropriate notification of any such alteration before entering into the contract.
4.4 - In the event of force majeure, occurring whether before the arrival date for the Workshop or Photo Tour or during the Workshop or Photo Tour, no refund shall be payable to the client.
4.5 - Any requirement of a minimum number of participants for a Workshop or Photo Tour shall be specified in the Workshop or Photo Tour description, whether online or in any brochure or marketing material produced by JEREMY WALKER. Such specification being met is a requirement for any Workshop or Photo Tour going ahead. Shall the minimum number of participants not be met, JEREMY WALKER reserves the right to alter or cancel the Workshop or Photo Tour, such alteration or cancellation shall be dealt with in the manner set out in Section 4.2 above.
4.6 - Workshops and Photo Tours require flexibility and participants must allow for alternatives. For this reason, the itinerary and description of the Workshop or Photo Tour must be taken as an indication of what may take place on the Workshop or Photo Tour and not as a contractual obligation.
5. LIABILITY
JEREMY WALKER aims to provide a safe, enjoyable and educational experience on all of his Workshops and Photo Tours.
5.1 - JEREMY WALKER assumes no liability for any act, error, omission, injury, loss, delay, mishap, or damage to persons or property arising from any cause during the course of a Workshop or Photo Tour or in transit thereto.
5.2 - By booking with JEREMY WALKER, the client acknowledges that there is always an element of extreme risk in any outdoor workshop or Photo Tour. Participants must be physically fit, not be in need of specialist medical supervision and capable of participating in the relevant Workshop or Photo Tour, and are fully and completely aware of any associated risks and dangers created by field locations and the weather conditions. Due to their very nature, Workshops and Photo Tours will require some physical exertion, walking long distances (several miles) on uneven and rough surfaces or prolonged periods of just standing around, sometimes in bleak and exposed locations, often in wet and windy conditions. It is the client’s responsibility to be appropriately dressed for such conditions.
It is acknowledged by the client that JEREMY WALKER's obligations under the Health and Safety Acts take precedence over any obligations arising from the terms of the Disability Discrimination Acts.
5.3 - Due to the attitude of staff and the policy of some organisations, the following will apply:
Any visits to properties owned or managed by The National Trust, English Heritage, The National Trust for Scotland, Historic Scotland and Cadw will not be considered part of any Workshop or Photo-Tour. Time spent at any properties run by the above-mentioned organisations, will be considered free time for which no financial charge has been made to the client by Jeremy Walker. At properties run by the above-mentioned organisations Jeremy Walker's official involvement will be to deliver his clients to the property entrance or car park.
5.4 - The client must inform JEREMY WALKER in writing at the time of booking if they have any specialist dietary requirements.
5.5 - The client must inform JEREMY WALKER in writing at the time of booking if they are in need of specialist health care or supervision.
5.6 - By booking with JEREMY WALKER, the client acknowledges that they have read these terms and conditions and understand their own responsibilities and obligations as well as the relevant Workshop and Photo Tour specifications (including that they will need to be physically fit in order to take part in the relevant Workshop or Photo Tour) and that they release JEREMY WALKER from any liability whatsoever.
6. TRAVEL
6.1 - The client shall ensure that they arrive on time at the specified hotel or location for the relevant Workshop or Photo Tour on the arrival date. JEREMY WALKER cannot be held liable for lack of punctuality, delayed or cancelled flights for any reason, or any problem in transit. The relevant Workshop or Photo Tour will commence upon the client's departure from the specified hotel or location on the Workshop's or Photo Tour's specified date and time with JEREMY WALKER.
6.2 - JEREMY WALKER does not accept liability for any loss or additional expense caused by delay or interruption to travel services which impact upon the client's ability to arrive for the Workshop or Photo Tour on the specified date and time for any reason. Such losses or additional expenses shall be the responsibility of the client.
6.3 - The client's transfers to and from hotels are only included in the price of the Workshop or Photo Tour when such details are provided by JEREMY WALKER to the client in writing.
6.4 - It is the client's responsibility to ensure they are in possession of a current valid passport and have the correct visa (if applicable) for entry into the countries specified in the Workshop or Photo Tour description.
7. INSURANCE
7.1 - Travel, medical, personal and equipment insurance is not provided by JEREMY WALKER and must be arranged by the client. It is the responsibility of the client to ensure that they have the appropriate type of insurance and an appropriate level of cover for their participation in the Workshop or Photo Tour.
7.2 - Any items of equipment (photographic or otherwise) loaned by JEREMY WALKER to the client during the course of the Workshop or Photo Tour, will be the personal responsibility of the client. Any loss or damage must be paid for in full by the client.
8. DISPUTE SETTLEMENT AND MEDIATION
8.1 - Any perceived failure in the performance of this contract by JEREMY WALKER must be communicated to JEREMY WALKER immediately to give the client and JEREMY WALKER the opportunity to achieve a satisfactory solution. Should this not be possible, any concerns should be made known in writing to JEREMY WALKER within 14 days of completion of the Workshop or Photo Tour.
8.2 - These terms and conditions and any contract formed between JEREMY WALKER and the client in relation to a Workshop or Photo Tour is governed by, and shall be construed in accordance with, English Law and all proceedings shall be within the exclusive domain of the English legal system, except where Sections 8.3 and 8.4 is applicable.
8.3 - Before submitting their dispute to a Court of Law, the Parties may agree to appoint a mediator, as indicated hereafter, to help them find a solution to their dispute.
8.4 - The party wishing first to resort to mediation shall give notice to the other party by registered mail, return receipt requested, stating the issue of the dispute and its intention to have the matter mediated. Either party may apply to the Chartered Institute of Arbitrators, for the appointment of a mediator. The fees of the mediation will be shared equally between the parties.
9. BINDING AGREEMENT
By completing and sending the booking form the client is accepting all of the above terms and conditions both for themselves and as authorised agent for any other individuals named thereon, such that all are deemed to be fully aware of, and bound by, the same terms and conditions.
