Retreat and Expeditions Terms & Conditions
Applicability of these Terms and Conditions.
Please read these Terms and Conditions thoroughly before completing your booking. Once your booking has been accepted in writing by Hine Kenobi or representative of, all persons named in the booking (the client(s)) will have entered a binding contract on the basis of these terms and conditions. If you have any questions about them please do not hesitate to contact us:
Agreement on the basis these terms and conditions arise upon the fulfilment of all the following: receipt by Hine Kenobi or representative of a properly filled out booking form accompanied by the payment or deposit specified in that booking form; clearance of the payment or deposit into the Hine Kenobi bank account; acceptance by Hine Kenobi or representative in writing.
Hine Kenobi reserves the right, in its absolute discretion and without the need to give reasons, to refuse to accept a booking. In such circumstances, no agreement arises, and Hine Kenobi will return any payment accompanying the booking form.
The agreement is between Hine Kenobi and the client(s) and is the sole agreement between those parties. No variation of these terms and conditions shall be applicable unless agreed in writing by Hine Kenobi before the relevant course or expedition.
The person signing the booking form shall be deemed to sign that form for his/herself and as agent for all other persons listed on that form and warrants that he/she is appointed agent for that purpose. The agreement is governed by English Law.
The balance of the fee as specified on the booking form must be paid in full by the date specified on the booking form, or if no date is specified, no later than six weeks before the start of the expedition. If not so paid, Hine Kenobi reserves the right to treat the agreement as cancelled by the client(s) pursuant to clause 4, below.
Whilst every effort is made to limit prices to those given on the booking form or quotation form, Hine Kenobi reserves the right to alter prices should its costs in hosting a course or expedition increase for reasons beyond its reasonable control (including, without limitation, the cost of labor, transport and materials).
In the event that a price is altered the client(s) will be notified as soon as reasonably possible and the balance of the altered price will be payable on the same terms as was the original price.
In the event of the price being thus increased by 15% or more the client may opt to cancel the booking and will then be entitled to a refund of all monies paid.
3.1. Group bookings.
Provisional bookings must be confirmed by payment of a 25% or other, nonrefundable deposit within 14 days of the date of the provisional booking letter except where a purchase order from an approved buying authority is issued.
The balance in the case of both invoiced and non-invoiced events will be payable 12 weeks before the start date of the expedition. In the event that the balance is not paid Hine Kenobi reserves the right to treat the agreement as cancelled by the client(s) pursuant to clause 4, below.
3.2. Instructor/ coach only and Consultancy fees
Instructor Only- Educational activities are exempt of VAT
Consultancy Services- Standard rated VAT will be added to all quoted rates
Provisional bookings can only be confirmed upon receipt of the quoted fee.
In the case of an approved buying authority issuing a purchase order an invoice will be submitted. Hine Kenobi must receive the payment in full 12 weeks prior to the start date unless an agreement has been reached in writing between Hine Kenobi and the buying authority.
4. Cancellation by client(s)
If the booking is cancelled by the client(s) (for any reason) the following cancellation charge will arise:
Cancellation more than 12 weeks before course, deposit forfeited
Cancellation 4-6 weeks before course, 50% of fee payable
Cancellation less than 4 weeks before course, 100% of fee payable.
And the client(s) acknowledges that it is reasonable for such penalties to arise, given the need for Hine Kenobi to make preparations for an expedition substantially in advance of the course.
5. Variation of itinerary by Hine Kenobi
A Hine Kenobi course or expedition is, by its very nature, exposed to natural variables, including the weather. Whilst every reasonable effort is made to deal with such contingencies there may be occasions when Hine Kenobi, through no fault of its own, is forced to vary or modify an itinerary at short notice. The client(s) acknowledges that information about expeditions provided by Hine Kenobi is given in the best of faith but that because of the variability of nature it may be reasonable to alter or modify an itinerary and that in such circumstances it is not reasonable for Hine Kenobi to be liable for the losses consequential in such a change and that Hine Kenobi’s liability is limited accordingly.
6. Client conduct on expedition.
The client acknowledges that during a Hine Kenobi guided expedition, he/she is required to submit to the reasonable instructions and leadership of Hine Kenobi or representative, save that parents, teachers, and those in comparable roles in respect of children must maintain control of those children to the satisfaction of Hine Kenobi. The client acknowledges that persons attending a Hine Kenobi expedition are entitled to expect a high standard of conduct and regard for personal well-being on the part of all clients. For this reason, the client accepts that Hine Kenobi may, in its absolute discretion and without the need to give reasons, arrange for him/her to be removed from an expedition, if necessary, against his/her will. Circumstances in which this might occur include (without limitation); disorderly or abusive conduct; intoxication; failure of control over children; inadequacy of clothing or equipment; incapacity or inability to meet the rigors of the expedition. In such circumstances, the client will not be entitled to a refund of monies and Hine Kenobi will not be liable for any losses so resulting. The client will on demand reimburse Hine kenobi its reasonable costs of effecting his/her removal.
Hine Kenobi expeditions take place in the open countryside and remote wilderness regions and are by their very nature not absolutely free from hazard. Hine Kenobi makes every effort to minimise risk to clients and instructs clients in the safe negotiation of such risks as may remain. Consequently, the client acknowledges that there are circumstances in which an accident could befall a client without Hine Kenobi being at fault and accepts that to that extent he/she is taking part in a Hine Kenobi course at his/her own risk. Hine Kenobi only accepts liability for physical harm to a client that is shown to result from negligence on part of Hine Kenobi. The client acknowledges that other loss, damage and expense (including without limitation, loss of money, loss or damage to clothes and possessions, losses arising on the cancellation of a booking and the expenses of delay and harm caused other than by the negligence of Hine Kenobi) howsoever arising is not the responsibility of Hine Kenobi and that Hine Kenobi’s liability is hereby limited.
8. Insurance and Disclosure
Hine Kenobi requires clients to arrange their own activities insurance. The activities insurance arranged by the client(s) must provide cover for all elements/activities that may be included in the course (as specified by the course itinerary) including, without limitation, hospitalisation, course cancellation, mountain/wilderness rescue and repatriation. The cost of medical and other treatment can be high and Hine Kenobi will not be able to assist in meeting these costs. Hine Kenobi reserves the right to remove anyone from an expedition who has not obtained and cannot provide proof of suitable insurance and documentation
Any health issues or dietary requirements that may impinge upon your safety or enjoyment of the course (including without limitation, asthma, vegetarian/vegan meals, allergies and any medication being taken) must be noted on the booking form. In failing to disclose material on the booking form or making any dishonest disclosures Hine Kenobi may, in its absolute discretion and without the need to give reasons, arrange for him/her to be removed from an expedition, if necessary against his/her will. In such circumstances, the client will not be entitled to a refund of monies and Hine Kenobi will not be liable for any losses so resulting. The client will on demand reimburse Hine Kenobi its reasonable costs of effecting his/her removal.
Hine Kenobi is insured as an Outdoor Activities Provider and is covered to a level of £5,000,000 Public Liability Insurance.
In the unlikely event that a client has cause for complaint about a Hine Kenobi course, the complaint should be made to a representative of Hine Kenobi during the event in order that corrective action can, if necessary, be taken. The client acknowledges that it is unreasonable to take no action during an expedition but to complain later. However, should a problem not be resolved, complaint should be made in writing within 28 days. To the extent permitted by law Hine Kenobi will not be liable in respect of claims first intimated later than 28 days from the close of the relevant expedition.
10. Subsequent instruction by client(s) and Intellectual Property
Although all Hine Kenobi courses and expeditions are taught and led by highly experienced and capable leaders, it is not intended that any instruction provided to any client(s) while on an expedition will in any way qualify that/those client(s) to instruct any third party and no warranty is made to that effect. Hine Kenobi hereby excludes any liability it may have to any third party in respect of any loss or damage suffered or incurred by that third party in its reliance on any skills taught by any client(s) on the basis of attending any Hine Kenobi course or expedition.
Copyright and all other intellectual property rights in the products and shown on but not limited to Hine Kenobi’s website, brochure, price list and any other literature shall remain at all times the property of Hine Kenobi. The client(s) shall acquire no rights in the products and services unless agreed in writing by Hine Kenobi.
11. Insolvency and cancellation by Hine Kenobi.
In the unlikely event that Hine Kenobi becomes insolvent all monies will be refunded in full. In the event that Hine Kenobi cancels a course or expedition, all monies will be refunded in full, or if preferred transferred as a deposit for another course of the same cost. Hine kenobi requires a minimum number of six clients to run a standard, advertised course. For Private guiding the agreement in client numbers is between Hine Kenobi and the booking party.
12. Photographs and Film
From time to time photographs and film may be taken on Hine Kenobi’s courses and expeditions for promotional purposes. If client(s) do not wish to be photographed or filmed, please bring this to the attention of the Hine Kenobi representative on the course or expedition.
13. Data Protection
Any personal information given by the client(s) to Hine Kenobi at the time of the booking or thereafter is held in its original form and on computer. The information is required to assist Hine Kenobi, its employees and freelance leaders/guides in the delivery and maintenance of the high standards of instruction and client welfare. By providing Hine Kenobi with the personal information required to complete the booking process the client(s) agree that this information can be accessed by employees and representatives of Hine Kenobi. Contact details will be used to advise the client of future adventures either by post or email. Should the client(s) no longer wish to receive information from Hine Kenobi please inform Hine kenobi. The personal details of clients will never ever be handed on to a third party unless in a medical emergency and only then to the correct authorities.
Note from Megan:
We appreciate this may seem a little overwhelming and if you require any help understanding what and why you are signing this, please don’t hesitate to reach out to us. In summary this form is to let you know that although highly unlikely, circumstances happen sometimes out of our control; political and environmental changes within an environment for example. The aim of this is to let you know that if we deem safety to be a concern for anyone on the team, we retain control of these situations by being able to make changes to the itinerary. Unless in immediate danger, my team and I will always inform you, our client, in advance and clearly explain the reasons.