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Terms & Conditions

1. INTERPRETATION

1.1 In these terms and conditions

1.2 “We” means Orkney Nature Ltd (company number: SC518103) having its place of business as 18 Clay Loan, Kirkwall, Orkney Islands, KW15 1EB and representatives of orkneynature.com, and “us” and “our” should be construed accordingly

1.3 “You” means our customer, client or participant. 

1.4 “Booking” means a booking in respect of tours, workshops, events, courses and gift vouchers offered by us

 

2. GENERAL

2.1 Bookings made through orkneynature.com are governed by these terms and conditions and apply to all participants of courses, workshops, private sessions and tours regardless of payment amount.

2.2 By booking and attending a wildlife tour or workshop, you are acknowledging and agreeing to the terms and conditions set about below. If making a booking on the same form for more than one person the person signing the form does so on behalf of all the other individuals included on it, so that all are bound by these terms and conditions.

2.3 We endeavour to follow the wildlife tour or workshop and itinerary advertised, however due to the variables nature of wildlife, weather and access arrangements, the outline itinerary and the description must be taken as an indication of what can be expected on the tour or workshop, and not as a contractual obligation and we cannot guarantee that the target species will be present.

 

2.4 You understand that as part of a tour or workshop, you may visit a variety of outdoor locations. You understand that during the full duration of the tour or workshop, including travel to and from the meeting points, you do so entirely at your own personal risk and take full responsibility for your actions.


2.5 We reserve the right to change any of the prices, services, and terms and conditions from time to time.

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3. PRICES

3.1 Our prices are quoted on the website in pound sterling (£) unless otherwise stated. 

3.2  We reserve the right to change any of the prices but this will not affect existing bookings. 

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4. BOOKINGS

4.1 The full cost of the tour or workshop is payable at the time of booking online.

4.2 We are not responsible for paying any fees which your bank may charge you for making a payment to Orkney Nature.

4.2  By booking a tour or workshop you are confirming that you are over the age of 18 and are legally responsible for your own actions.

4.3  Bookings are non-transferable unless otherwise agreed with us in writing via email to…. (e-mail address)

4.4  Any minimum required numbers for a workshop or tour to run will be clearly shown on the booking page.

4.5 We can accept cash for last minute bookings upon which you will be in receipt of an invoice.

4.6 Children are welcome on some of our tours, but please note that not all tours are suitable for children. All children (up to and including the age of 16 years) must always be accompanied by a parent or legal guardian. Please see tour information or check with us at the time of enquiry.

 

5. AMENDMENTS

5.1  We reserve the right to make changes to the details and itinerary of any tour or workshop to respond to conditions such as weather or access. Where a change would substantially change the tour or workshop experience, we will notify you in advance and offer you a choice of accepting the changes, changing the date, or a refund. 

5.2  If you wish to change the dates of your booking, you may request a reschedule of your tour or workshop as an alternative to cancellation. Requests for amendments should be made to us by email.

5.3. Where it is not possible to accommodate a requested change, the cancellation policy in clause 7.2 shall apply.

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6. FORCE MAJEURE

6.1 We will be under no obligation or liability for any cancellation, interruption, delay or alteration of or to any walk caused by act or threat of war (whether declared or not), riots, civil strife, terrorist activity, industrial disputes, discharge dispersal release or escape of pollutants, natural and nuclear disasters, fire, sickness, bad weather, technical or transportation problems, closure of stations, ports and airports, cancellation or changes of schedules by railways, ferry companies, air or bus lines or any other circumstances beyond our control amounting to force majeure and/or Act of God.

 

7. CANCELLATIONS & REFUNDS

7.1 We cannot be held liable for adverse weather, travel disruption or delay or other unforeseen circumstances which result in you being unable to attend the start of your tour or workshop. In such circumstances you are advised to contact us in the first instance where we will endeavour to assist with rescheduling the tour or workshop.

7.2 If You cancel

7.2.1 If you believe you may need to cancel, please contact us as soon as possible by email.

7.2.2  Cancellation charges will be determined according to the date on which the email is received by us, as follows:

Cancellation by you more than 8 weeks before the tour commences - full  refund less £15 administration fee.

Cancellation by you between 8 weeks and 4 weeks before the tour commences - 50% refund

Cancellation by you less than 4 weeks before the tour commences - no refund

7.2.3  Unless agreed with us in advance, if you fail to arrive for a tour or workshop at the agreed start time, this will be considered a "no-show" and a cancellation of the workshop, with loss of full payment amount. 

7.3 If We cancel 

7.3.1We reserve the right to change the programme or cancel the tour or workshop due to circumstances beyond our control. If we are forced to cancel a tour or workshop, you will have the option to reschedule, transfer to an alternative tour or workshop (where this is of a lower price we will refund the difference), or accept a refund. 

7.3.2. Where a minimum number of bookings required to run a tour or workshop is not met and we have to cancel a workshop, we will not do so less than 30 days prior to departure. 

7.3.3 All refunds will be £ sterling and any fluctuation in exchange rates will not be our responsibility.

7.4 Cruise ships

7.4.1 If your Cruise ship cannot dock in Orkney due to adverse weather and you have paid the full amount in advance, you will receive a 50% refund of your booking. Cancellation by the cruise ship provider less than 4 weeks before the tour commences - 50% refund.

7.4.2 If your cruise ship has docked but you fail to arrive for the tour at the agreed start time, this will be considered a "no-show" resulting in cancellation of the tour with loss of full payment amount.

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8. TRANSPORTATION

8.1 You are responsible for your own transportation to and from the initial meeting point as provided by us. Any travel or flight booking is your responsibility and we are not responsible for any expenses, loss or other damage caused to you by the acts or omissions of the carrier. 

8.2 We are responsible for all transportation required for the tour workshop from the meeting point until the drop-off point. 

8.3  Unless agreed with us in advance, if you fail to arrive for a workshop at the agreed start time, this will be considered a "no-show" resulting in cancellation of the workshop with loss of full payment amount.  As such, we recommend planning sufficient travel time to arrive on time to the meeting point.

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9. GIFT VOUCHERS

9.1 Gift vouchers are non-refundable and have no cash value. 

9.2 Gift vouchers are valid for 12 months from the date of purchase.

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10.  MEDICAL, FITNESS & DIETARY REQUIREMENTS

10.1 Unless specified on the booking page, tours and workshops are suitable for participants with a good level of physical fitness who will be able to spend an average of 4-5 hours per day walking and standing.

10.2 Where any arduous or strenuous activity is expected, this will be highlighted in the tour or workshop description.

10.3 You agree to inform us, prior to booking, of any medical condition or physical or mental impairment that may restrict your ability to participate fully in any tour or workshop or could present a risk to anyone’s safety during the workshop. 

10.4 Where possible and with prior notice, we will try to accommodate any physical limitations by providing alternative itineraries or locations or additional rest opportunities.  

10.5  No refund will be given if you are unable to participate in a tour or workshop where you have not notified us of anything which may restrict your ability to participate in a workshop. 

10.6  If you have any special dietary or other requests, you should inform us of these at least 7 days prior to the tour or workshop. We will do our best to meet your requests and will have no liability to you if such requirements and requests are not communicated to us.

10.7 You understand that we are not medically trained and have no expertise for the purposes of treatment and emergency care. We will carry a first aid kit for basic/minor injuries at all times during the tour or workshop. 

10.8 You are responsible for ensuring you have brought any prescribed medications or medical devices to the tour or workshop location and are able to self-administer such items.

10.9 We recommend discussing any concerns about your ability to attend a tour or workshop with your doctor prior to booking with us.


10.10 We reserve the right to require you to produce medical evidence of your fitness to participate in a workshop.

 

11.  INSURANCE

11.1 You are strongly advised to obtain adequate insurance cover for all eventualities connected to your tour or workshop. It is your responsibility to ensure you have all necessary travel documents, visas, permits and full insurance prior to the tour or workshop. The insurance must cover the loss, expenses and damages arising from, including but not limited to, the cancellation of the tour or workshop (whether whole or in part), personal accident, injury, death, medical and repatriation costs, loss of baggage and personal money, and belongings and flight cancellations and delays.

11.2  Where you are not suitably insured, we reserve the right to refuse participation in a tour or workshop with no refund.

11.3 We do not take any responsibility for items lost, damaged or stolen during the tour or workshop.

11.4 If items of equipment are loaned to you during the course of our workshops, then you accept responsibility for any loss or damage to the equipment and any costs must be paid for by you.

 

12. LIABILITY 

12.1 We do not accept liability for death, bodily injury or illness unless this arises from the negligent act and/or omission of our employees during the course of their employment.

12.2 We are not liable for any damages, losses or expenses arising from force majeure, wars, terrorism, detention, weather, industrial action, strikes, civil disturbance, criminal activity, disease outbreaks, government interference, border closures, sickness, or any other situation outside of our reasonable control.

12.3 Being on foot in remote and/or rugged country is potentially hazardous by its nature and participants must accept a certain element of risk. We have no control over weather conditions, sea states etc and we reserve the right alter the itinerary according to weather conditions.

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13. RIGHT TO REFUSE SERVICE

13.1 For any person who causes a nuisance, conducts themselves in an offensive or disorderly manner, or threatens, in any way, theirs or the safety of others, we reserve the right to refuse service. In these circumstances we will not be responsible for any injury or damage caused by you as a result of your behaviour. In the event that we refuse the right of service the guest/s responsible will forfeit the full cost of the tour and may be liable for any injury or damage caused. They will also be responsible for any ongoing or return transport arrangements.

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14. DATA PROTECTION & PRIVACY

14.1 Data Protection and Privacy
We may use the personal information you provide to us to manage your booking, respond to your requests, and deliver the services you have requested. We may also use your data to inform you about changes to your booking or our services. Your data will not be shared with third parties outside our organisation except as necessary to fulfil your booking.

14.2 Data Security
We implement appropriate technical and organisational measures to safeguard your data. While we strive to protect your information, we cannot guarantee the security of data transmitted online, and you do so at your own risk. We are not responsible for unauthorised access to information unless it is due to our negligence.

14.3 Payment Information
We do not store payment details on our website. All payments are processed securely through a third-party provider.

14.4 Use of Images
By participating in our tours or workshops, you consent to the use of photographs or videos taken during these events for promotional purposes, unless you specifically opt out by notifying us in writing via email. Consent can be withdrawn at any time.

14.5 Revoking Consent
You can revoke any previously provided consent or request that your data be deleted or corrected by contacting us via our contact form.

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15. COPYRIGHT

15.1 Photos used on the Orkney Nature website are copyright to Orkney Nature Ltd.

 

16. COMPLAINTS

16.1 In the unlikely event that you have any reason to complain or experience any problems with your tour or workshop then this should be brought to our attention immediately to allow us to try and resolve the situation straight away.

16.2 Should it not be possible to settle the complaint instantly, you should write to us, giving full details within 14 days of your tour or workshop.

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17. GOVERNING LAW 

17.1 These Terms and the relationship between you and us shall be governed by the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts in all matters relating to such use of the Website and in relation to these Terms and Conditions.

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18. DECLARATION

18.1  I confirm that these terms and conditions were brought to my attention prior to booking and payment and I confirm I have read, understood and accepted these terms and conditions. By placing an order/booking I agree to these conditions. 

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19. COOKIE POLICY
19.1 What Are Cookies?
Cookies are small text files stored on your device when you visit our website. They are used to enhance your experience, remember preferences, and provide analytics data. Cookies can be session-based (deleted when you close your browser) or persistent (stored on your device for a fixed period).

19.2 Types of Cookies We Use
Essential Cookies: These are required for the operation of our website. For example, cookies that enable you to log into secure areas of our site or complete bookings.
Analytical/Performance Cookies: These allow us to track website usage and improve performance.
Functionality Cookies: These are used to remember choices you make (e.g., language preferences) to provide a more personalised experience.
Third-Party Cookies: Our website may include features from third parties (e.g., payment processors). These third parties may place cookies on your device.
19.3 Managing Cookies
You can manage or block cookies through your browser settings. Please note that disabling cookies may impact the functionality of our website.

19.4 Consent to Cookies
By using our website, you consent to the use of cookies as outlined in this policy. On your first visit to our website, a cookie banner will appear, allowing you to accept or manage your cookie preferences.

19.5 Third-Party Links
Our website may contain links to external websites. We are not responsible for the privacy policies or practices of third parties.


Contact Us

If you have any questions relating to our Terms and Conditions you can contact us via our contact form

Orkney nature reserves the right to amend these terms and conditions at any time. (Last updated August 2024)

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