Terms and conditions
Risk Disclosure and Activity Terms and Conditions
This document contains important information in relation to the booking of an activity (“Activity”) with Bearded Men Adventures Limited (“BMA”), a UK company with registered number 11693814 and registered address at The Fringe Shed, Parade Street, Llangollen, Wales, LL20 8PW.
This document includes legally binding contractual terms, and so it is essential that you read it in full and are comfortable with its contents. If you are not in agreement with the entire contents of this document, you should not proceed with Activity booking and/or participation.
Your participation in any Activity with BMA will indicate your acceptance of the disclosures and contractual terms and conditions contained within this document, including the limits on our liability contained in the Activity Terms and Conditions.
In addition to the above and below, all Activity participants should read and sign a Risk Acknowledgement Form which you will be provided with on the day prior to engaging in the Activity. A parent or guardian must sign the Risk Acknowledgement form for participants under the age of 18.
1 Our duty of care
1.1 BMA is a professional operation that owes a duty of care to all Activity participants. We therefore take all reasonable steps to provide the appropriate level of care for the Activity provided.
1.2 Accordingly, to the maximum extent reasonably possible, BMA provides a safe environment for all its activities, in compliance with all of our legal and regulatory obligations.
2 The inherent risk of outdoor activities
2.2 In light of our policies, procedures and staff training, the risk of accidents while participating in
our Activities is low. However, the nature of outdoor activities is such that there is inevitable
and unavoidable risk in many of our Activities.
2.3 You should therefore be aware that there are certain risks that cannot be eliminated in their
entirety. Indeed, accidents can happen without any contributory negligence or wrongdoing by BMA.
2.4 As a result, you should read this document to ensure that you are familiar with such risks and
take all the necessary steps to reduce the danger to yourself and others.
3 Your steps to reduce risk
3.1 You are advised to arrange your own insurance cover. If you are mountaineering, this
should include cover for search, helicopter rescue and medical repatriation. BMA does not
offer insurance cover beyond the public liability insurance that is required by law.
3.2 We fully understand that our activities may be fully or partly unfamiliar to you. As a result, higher risk often arises from a lack of understanding of the Activity, or elements of the Activity, in question. While we will thoroughly brief you prior to engaging in any Activity and take all necessary precautions ourselves, we draw your attention to the following summaries of key risk factors when participating in our activities:
- The outdoors environment: nature is unpredictable and varied. Our activities may involve rugged, unstable, wet or otherwise difficult terrain.
- Weather conditions: weather conditions change, often very quickly. This may create additional dangers during an Activity and may include more material issues such as landslides, loose rocks, or thunderstorms with lightning.
- Physical exertion: BMA’s Activities can be physically demanding. You should be aware that you may be pushed outside of your ordinary comfort zone.
- Heights: some of our activities involve action at height, which may cause stress to people uncomfortable in such situations.
- Temperature extremes: you may be subject to extreme changes in temperature, for example heat from physical exertion to the cold of a mountain river
- Water: river or sea-based activities such as canoeing or rafting can include capsizing and therefore time spent in or under water.
- Loss or damage to possessions: the outdoor environment and nature of our activities is such that your clothes or personal items you bring with you on the Activity may be damaged. Discretion should therefore be exercised in what you choose to wear and carry.
4 Your responsibilities
4.1 BMA takes your safety very seriously. However, we need your attention and assistance to ensure that Activities remain safe. You have specific responsibilities to ensure this, which are as follows:
- Questions and information: we will do our very best to keep you adequately informed of events during an Activity. However, if you have any questions or need more information at any point, you must ask without delay. Any failure to do so could put you and others at risk.
- Instruction: you must accept and act upon all directions and instructions from the BMA instructors.
- Medical issues: please make us aware of all medical conditions or injuries, past or present. We can then determine whether or not you should participate in an Activity.
- Disabilities: People with disabilities are welcome to participate in Activities. We will accommodate you to the maximum extent reasonably possible. However, please send details of your specific needs to BMA when booking.
- Fears and phobias: before commencing any Activity, please ensure that we are aware if you have any major concerns, fears or phobias about Activity in question. We will work with you to help ease your feelings of discomfort/apprehension/fear, & ensure that you are as comfortable as possible.
- Drugs and alcohol: it is extremely dangerous to participate in any Activity whilst under the influence of drugs or alcohol. Further details on your capacity are set out in the Activity Terms and Conditions.
- Water Activities: all participants must be water confident and able to get themselves to the beach or river bank aided by a buoyancy aid.
- Eye wear: glasses may be worn at BMA’s discretion, based on the Activity and prevailing conditions. However, it is recommended that spectacles are impact resistant with plastic lenses and frames. The wearer must accept that injury may still occur if any form of spectacles are worn and accept full responsibility for any such injury. Contact lenses may be worn by participants at their own risk.
Activity Terms and Conditions
1 Activity reservation and confirmation
1.1 Unless otherwise agreed in writing, your Activity is not confirmed until full payment has been received by BMA and a confirmation email from BMA has been received by you.
1.2 Activities can be reserved with a deposit. However, any subsequent cancellation of bookings reserved with a deposit is subject to the terms set out in section 2 below.
1.3 All Activities are to be paid in full at the time of invoice by bank transfer or online payment. Alternative payment methods may also be available at our physical store in Llangollen.
1.4 Activity group sized described on our website (and in any other BMA media) are estimated or target sizes and may be changed at the discretion of BMA.
2 Cancellation and refunds
2.1 If you wish to cancel an Activity, BMA must be notified at least 28 days prior to the Activity if you wish to receive an Activity credit or refund. Note that deposits will not be refunded.
2.2 When cancellation of an Activity is received less than 28 days, but more than 14 days prior to the start time of your lesson a 50% Activity credit or refund will be offered.
2.3 When cancellation is received less than 14 days prior to the start time of your Activity, no Activity credit or refund will be offered. This applies regardless of the circumstances, including but not limited to client illness, injury, or late arrival.
2.4 All cancellations must be in writing and sent to the firstname.lastname@example.org email address.
2.5 A minimum of 4 participants are required to run our group Activities. If there are less than 4 participants we will still try to run the Activity, but likely for a reduced time. BMA reserves the right to cancel any group Activities if the required minimum number of places is not filled. If this occurs you will receive a full refund.
2.6 BMA reserves the right to cancel any Activity which does not receive sufficient bookings to make it financially viable.
2.7 Subject to section 2.8 (below), any Activity cancelled by BMA will entitle the participant to a full refund. Alternatively, anyone booked on the Activity will be permitted to transfer to another Activity and no transfer fee will be payable. Should they transfer to another course, any difference in price will be invoiced or credited accordingly
2.8 Without prejudice to Section 7.7 (below), refunds will not be given for Activities that do not take place due to unforeseen circumstances outside the control of BMA, such as adverse weather conditions. In these circumstances, an Activity credit will be offered.
2.9 If a participant leaves an Activity at any stage, for whatever reason, they will not be entitled to any refund. They may return to the Activity if it remains ongoing, at BMA’s absolute discretion.
2.10 The BMA instructors will wait no longer than 20 minutes for you at the arranged Activity meeting point unless notified prior to this by the participant (with a reasonable arrival time then given, as determined at BMA’s absolute discretion). If your Activity is cancelled as a result of such “no show”, no refund will be given. In exceptional circumstances however, we may offer an Activity credit at our absolute discretion.
3 Variation and transfer
3.1 BMA reserves the right to change Activity times, on the provision of reasonable notice to you.
3.2 If you wish to transfer from one Activity to another, or amend your Activity time or date, you will be permitted to do so (subject to availability) on payment of an administration charge of £25, up to the time that the final balance becomes due. Any transfer after payment of the final balance will be treated as a cancellation. A transfer request must be sent by email to email@example.com, and will not be effected until the specified administration charge has been paid.
3.3 Prior to commencing an Activity, The BMA instructors will always assess prevailing and forecast conditions, and the abilities of the participants present. Having done so, the BMA instructors may decide to alter the nature of the Activity in whole or in part if they reasonably determine that to continue with the Activity in its ordinary form would create undue issues or risk.
3.4 Circumstances may arise where we are forced to alter Activity dates, course duration, or venues before an Activity starts. We will inform you of any such changes as soon as reasonably possible.
3.5 These terms and conditions may only be varied in writing by a director of BMA, in agreement with you. Any purported amendment to them contrary to this is not binding on BMA.
4 Your capacity and behaviour
4.1 BMA reserves the right to ask participants to immediately leave an Activity if they appear to be under the influence of drugs or alcohol, as determined at BMA’s absolute discretion. Further, such substances should not be consumed during an Activity.
4.2 BMA may require a participant to leave an Activity if they act in a way that endangers him/herself or any other participant, as determined at BMA’s absolute discretion.
4.3 It is your responsibility to ensure that you are capable of participating in an Activity prior to it commencing. BMA may require any participant to leave an Activity, or sit out parts of an Activity, if that participant is not of a suitable standard to be on that particular course, as determined at BMA’s absolute discretion. No refund will be provided in such circumstances.
4.4 You must disclose any and all relevant medical or disability issues to us in advance of the Activity. In addition, there are specific weight restrictions for certain Activities and you must therefore accurately disclose your weight if required.
4.5 We welcome participants with disabilities. However, it is essential that you inform us of a relevant disability when booking an Activity, to enable us to confirm your participation is possible, and make the necessary arrangements. Failure to do so may lead to your inability to take full, or any, part in the Activity.
4.6 The BMA instructors are trained and licensed professionals who need to make regular and important decisions. By participating in an Activity, you accept their absolute authority to make decisions affecting the Activity group or individual participants.
5.1 Our Activities have strict age limits, which you are responsible for confirming with us and strictly adhering to. Any breach of these age limits by you will be deemed to be your cancellation of the booking.
5.2 Where Activities take place with minors, it is the responsibility of the appropriate parent / guardian to be on-time to collect their children after the session. Please ensure that you are at the arranged meeting point 10 minutes prior to the Activity ending time. We reserve the right to charge a guardianship fee of £50 per hour (or part thereof) for the late collection of minors.
6 Equipment use
6.1 Certain Activities may require you to hire additional equipment from BMA. In such circumstances, we will make reasonable efforts to alert you in advance to enable you to source the equipment from elsewhere, should you so wish.
6.2 Damage to or loss of BMA equipment caused by your deliberate act, negligence or recklessness must be paid for on conclusion of the Activity at current replacement value.
7 Limitation of liability
7.1 BMA and its agents, employees and representatives are not liable for any illness, injury or death sustained during an Activity, save for personal injury or death caused by negligence.
7.2 BMA and its agents, employees and representatives are not liable for any loss or damage to personal property, however caused.
7.3 BMA cannot be held responsible for any death, injury or damage caused by your failure to notify us of any relevant medical or disability issues, or your accurate weight, in accordance with Section 4.4 (above).
7.4 BMA and its agents, employees and representatives are not liable for any indirect loss sustained as a result of any breach of these Activity Terms and Conditions.
7.5 While BMA always aims to provide Activities as detailed and publicized, their exact nature and/or itinerary may require changes either during or before the Activity. BMA accepts no liability for the consequences of any such change, however caused.
7.6 While we endeavor to ensure the information is correct, BMA is not responsible for any errors or inaccuracies on this website.
7.7 BMA shall not be liable for any delay or non-performance of its obligations in relation to an Activity from any cause or causes beyond its reasonable control including, without limitation, an act of God, governmental act (including lockdown), pandemic, war, fire, flood or explosion (a “Force Majeure Event”). In such circumstances your right to participate the Activity will be suspended until such time as the Force Majeure Event has ceased.
8 Data protection and privacy
8.2 Please note that it is a condition of participation in our Activities that you disclose certain personal data to us (e.g. weight, medical conditions) to enable us to ensure your safety.
9 Governing law
9.1 This document and any non-contractual obligations arising in connection with it shall be governed by English law.
9.2 The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising in connection with this Agreement. By confirming and paying for your chosen Activity, you acknowledge your understanding and acceptance of the Risk Disclosure and Activity Terms and Conditions. However, such acceptance does not release BMA from any obligations to you that cannot be excluded by law.
Happy Camper Weekend and Large Group Bookings
1 Activity reservation and confirmation
1.1 All groups of 11+ are considered large group bookings.
1.2 Happy Camper Weekends have a minimum participation of 8 participants and a maximum of 40.
1.3 BMA requires a 20% non-refundable deposit to secure your booking with the remaining balance due 6 weeks prior to the Activity start date.
1.4 If your Activity start date is within 6 weeks, then full payment is required to secure your booking.
1.5 Bookings are only confirmed once full payment has been received.
1.6 a) All Happy Camper Weekends require a £500 damage deposit to be made 6 weeks prior to your arrival date. The damage deposit requires a credit card authorisation to hold the value, which will be returned the day after your departure date subject to any deduction for damage.
b) Damage includes (without limitation) any damage or misuse of equipment on your private camp site. This includes bell tents, gazebo, fire pit, parachute cover, toilets, sleeping bags, roll mats (if hired from BMA), rugs, lighting, seating, bbq & catering equipment, field games. Damage does not however include equipment used while out on off-site excursions, such as wetsuits and helmets
2 Cancellations and Refunds
2.1 For large group booking cancellations, BMA must be notified via email at least 28 days prior to the Activity date if you wish to receive an Activity credit or refund. Deposits will not be refunded.
2.2 When cancellation of a large group booking is received less than 28 days before, no Activity credit or refund will be offered. Deposits will also not be refunded.
2.3 For Happy Camper Weekend cancellations or booking amendments, BMA must be notified via email at least 6 weeks before your arrival date.
2.4 Happy Camper Weekend cancellation requests sent 6 weeks or more prior to your arrival date will receive a full refund minus the non-refundable 20% deposit or the client can opt for the value to be transferred to a BMA Gift Card.
2.5 When cancellation of a Happy Camper Weekend is received less than 6 weeks before your arrival date, no refund or BMA Gift Card will be offered. Deposits will also not be refunded.
Last updated: January 2024