Terms and Conditions

1. “Agreement” means the contract between the Supplier and the Customer for the provision of the Services incorporating these Terms and Conditions;

2 “Bespoke Booking Proposal” means proposed services offered to the Customer following an enquiry by a Customer to the Supplier for a bespoke Service;

3 “Booking” means the formal request by the Customer for Services provided by the Supplier;

4 “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;

5 “Customer” means any person who purchases Services from the Supplier;

6 “Services” means the services described in the Agreement to be provided by the Supplier to the Customer;

7 “Supplier” means Mull Another Way Ltd, a company registered in Scotland under company number SC756344 with its registered office at Croft 26, Achnahard, Ardtun, Bunessan, Isle of Mull, Argyll, PA67 6DH

8 “Terms and Conditions” means the terms and conditions of supply of Services set out in this document and any subsequent terms and conditions agreed in writing by the Supplier.

10 “Website” means the Supplier’s website at https://mullanotherway.co.uk/.
 

2.1 Please read these Terms and Conditions carefully as they form the legal contract between the Customer and the Supplier. If the Customer does not agree with these Terms and Conditions, the Customer should not proceed to use the Services of the Supplier.

2.2 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.

2.3 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.

2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law, or regulation.

2.5 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

2.6 The Supplier reserves the right to change these Terms and Conditions without notice. Please check the Website from time to time for any changes as they will be binding.

3.1 The Supplier specialises in guided pilgrimage walks and related activities for individuals and small groups. 

3.2 Please contact the Supplier for information on how to book via the online contact form. 

3.3 The Supplier shall provide to the Customer pre-trip planning and navigation guidance and support. While the Supplier does not provide accommodation services or operate transport services, the Supplier may provide guidance in relation to accommodation and transport options. Any such guidance is provided without any liability on behalf of the Supplier, and should the Customer rely on any guidance, they do so at their own risk. Where other services are required to deliver a Service sold by the Supplier, the Customer is responsible for booking that directly with a third-party provider. That provider will have its own terms and conditions, privacy policy and insurance, which will apply to the Customer. The Supplier is not a party to this relationship and accepts no liability in this regard.

3.4 To make an enquiry about Booking please complete the online contact form on the Website.

3.5 A Booking may only be made by persons over the age of 18. The Customer making the online Booking does so on behalf of all persons in the group and is deemed to have the authority to do so. All persons included on a Booking are “Customers”, and these Terms and Conditions apply to them. The Customer, by making the Booking, accepts all these Terms and Conditions on behalf of all such individuals.

3.6 Persons under 18 years of age may form part of a group where an activity is deemed suitable if a parent or appointed responsible adult accompanies them at all times. It is the duty of the parent or appointed responsible adult to ensure that those in their care comply with these Terms and Conditions in their entirety. Please check the activity being booked for more information or discuss requirements with the Supplier to ensure a Booking is appropriate and to avoid disappointment. The Services are not suitable for younger children. If a Customer books on behalf of a child and that activity is not suitable for a person of that age, the Supplier reserves the right to refrain from providing the Services to that individual and will not be responsible for any loss suffered to any Customer as a result of this decision.

3.7 The Supplier welcomes persons from every background and with a wide range of abilities. Please discuss requirements with the Supplier to ensure a Booking is appropriate and to avoid disappointment.

3.8 Customers must complete and accept the Booking form in its entirety and submit it to the Supplier with the full payment. Please see clause 6 for further information on secure payments.

3.9 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when all of the following criteria are fulfilled:

• the Supplier receives the Booking form;

• the Supplier receives the full payment; and

• the Supplier confirms the Booking in writing to the Customer, by email.

Prior to confirmation, the Supplier reserves the right to refuse any Booking. Payments, less expenses incurred, will be returned to the Customer if a Booking is refused.

‍

4.1 To make a bespoke Booking please complete the online enquiry form or contact the Supplier in order to create a Bespoke Booking Proposal. When the Bespoke Booking Proposal is agreed between the Customer and the Supplier, a provisional date can be held for up to 7 days. A Bespoke Booking Proposal is not secured until a confirmed Booking Agreement is made (see clause 4.6).

4.2 A bespoke Booking may only be made by persons over the age of 18. The Customer making the bespoke Booking does so on behalf of all persons in the group and is deemed to have the authority to do so. All persons included on a Booking are “Customers”, and these Terms and Conditions apply to them. The Customer, by making the online Booking, accepts all these Terms and Conditions on behalf of all such individuals.

4.3 Persons under 18 years of age may form part of a group where an activity is deemed suitable if a parent or appointed responsible adult accompanies them at all times. It is the duty of the parent or appointed responsible adult to ensure that those in their care comply with these Terms and Conditions in their entirety. Please discuss requirements with the Supplier to ensure a bespoke Booking is appropriate and to avoid disappointment, particularly for younger children. If a Customer books on behalf of a child and that activity is not suitable for a person of that age, the Supplier reserves the right to refrain from providing the Services to that individual and will not be responsible for any loss suffered to any Customer as a result of this decision.

4.4 The Supplier welcomes persons from every background and with a wide range of abilities. Please discuss requirements with the Supplier to ensure a bespoke Booking is appropriate and to avoid disappointment.

4.5 Customers must complete and accept the Bespoke Booking Proposal in its entirety and return it to the Supplier with either the full payment or a non-refundable deposit. Please see clause 8 for payment details. Failure to do so will result in there being no contract entered into with the Supplier, and the proposed date for the Services will not be secured.

4.6 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when all of the following criteria are fulfilled:

• the Supplier receives confirmation of the Bespoke Booking Proposal;

• the Supplier receives the full payment or deposit (see clause 8.2); and

• the Supplier confirms the bespoke Booking in writing to the Customer, by email.

Prior to confirmation the Supplier reserves the right to refuse any Booking. Payments, including deposits less expenses incurred, will be returned to the Customer if a Booking is refused.

‍

5.1 If requested by the Customer, the Supplier can provide spiritual direction to the Customer, as a means to support them in their inner spiritual journey (“Spiritual Direction”). During the Spiritual Direction, it is the Supplier’s aim that the Customer will receive companionship and an opportunity for reflection, to help the Customer on their soul journey during the guided pilgrimage walks. 

5.2 The Spiritual Direction, and the associated fees, will be agreed in advance of the guided pilgrimage walk.

5.3 The Spiritual Direction will be provided by Wendy Lloyd, our spiritual director. She will soon complete her training with Sarum College and is a member of Spiritual Directors in Europe. Wendy has agreed to follow the Code of Practice of the Community of Spiritual Directors.

5.4 It is important the Customer understands that all information shared by the Customer during the Spiritual Direction is completely confidential except under two circumstances:

• If Wendy believes you are at risk of causing immediate harm to yourself or others, she reserves the right to break confidentiality in order to prevent harm. If at all possible, she will discuss this with you first; or
• If she is required by law to disclose that confidential information, such as when giving evidence in criminal proceedings.

Wendy may, from time to time, discuss her work with her supervisor; this is standard practice and helps her to work as well as she can with the Customer. These discussions do not include the sharing of any names or details that would enable the Customer to be identified.

5.5 It is an essential part of Wendy’s own ongoing soul journey that she develops her own spiritual direction practice through continuing training and reflection.

5.6 There is currently no regulated complaints procedure in the ministry of Spiritual Direction in the UK; however if you have cause for concern and wish to raise a matter with Wendy’s supervisor, the Supplier will provide their details on request. 

6.1 The Supplier may, as part of the Services, and if requested by the Customer, provide a baggage transfer service. Where this has been agreed with the Customer, this clause 6 shall apply. Such service is subject to the following terms:

6.2 The maximum weight for each bag is 20kg;

6.3 The Customer must ensure the bags do not contain any fragile objects, including without limitation glass bottles, laptops, or personal electronic devices such as tablets and e-readers; 

6.4 The Customer must ensure the bags do not contain any flammable or explosive items, including without limitation camping gas or lighter fluid; and 

6.5 Where any items are attached to the outside of the bags, the Customer must ensure that these items are securely attached. 

6.6 The Customer acknowledges that the bags are only covered by the Supplier’s insurance while in transit and under the Supplier’s control. The Customer is therefore advised to take out separate insurance for their bags and belongings.

7.1 The Supplier may, as part of the Services, bring pack ponies for the purposes of carrying equipment. Where this has been agreed with the Customer, this clause 7 shall apply. 

7.2 The Customer understands and accept that ponies will be in the vicinity for the duration of the Services.

7.3 The ponies shall be under the care and control of the Supplier, and the Customer warrants that they will comply at all times with the Supplier’s instructions in relation to the ponies, or any other instruction. In particular, such instructions may be given to ensure the safety and wellbeing of the Customer and the ponies. 

7.4 By agreeing that ponies may be used as part of the Services, the Customer understands and agrees that the Supplier accepts no liability for loss, damage, or injury associated with the use of ponies for the provision of the Services in any form.

7.5 The Customer shall, on completing the Booking, sign a separate acknowledgement and personal liability forms before the Services. Refusal to sign such forms may result in the Customer not being allowed to participate in the Services. In those circumstances the Customer will not be entitled to a refund or compensation from the Supplier for any sums paid.

8.1 Pricing for Services are as displayed on the Website at the time of making a Booking. Please contact the Supplier, for a price when making a Bespoke Booking. Pricing will depend on group numbers and requirements. Please get in touch for more information.

8.2 From June 2023 To reserve a bespoke Booking for Services, the Customer is required to pay either:

A non-refundable deposit of 30% with the remaining balance due four weeks (28 days) prior to the commencement of the agreed Services

OR

Payment in full at the time of booking for Bookings made within four weeks (28 days) of the commencement of the agreed Services.

8.3 The Supplier accepts bank transfers for payment of Services. Deposits and fees are not considered paid until they have cleared into the Supplier’s bank account (to the bank details the Supplier provides to the Customer).

8.4 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer, or cancel the Services, where any payment due to the Supplier is late.

8.5 The Customer is not entitled to withhold any monies due to the Supplier; failure to pay any balance due by the correct date may result in the Supplier cancelling the Booking with no recompense.

8.6 The Supplier is entitled to vary the price to take account of:

• any additional services requested by the Customer which were not included in the original Booking; or

• any significant increase in costs that affect Services offered beyond the control of the Supplier (i.e., government action),

and the Customer will be informed of any such variation in writing (including by email).

‍

9.1 The Customer acknowledges that the Booking is based on their acceptance of the following:

9.1.1 Risk: There is inherent risk when undertaking outdoor activities. The Supplier’s activities often take place in mountainous and remote areas. Such environments may involve a wide range of hazards including, but not limited to, water; uneven and/or slippery ground; scree; inclement weather conditions; steep terrain; remote location; farm and other animals; people and manmade hazards. Such hazards may carry a risk of injury or death. The Supplier will take all reasonable steps to ensure the safety of its participants. However, it is ultimately the Customer’s responsibility to take care and ensure their own safety.

9.1.2 Health: Activities in the outdoors can be demanding and require a good level of fitness, strength, and stamina. It is the responsibility of the Customer to ensure they are physically able to participate. If a Customer is in any doubt about their medical health or suitability for an activity, they must seek advice from a GP. If a Customer’s fitness is not commensurate for an activity on the day and they have to retire early, they must do so at their own expense. The Customer must notify the Supplier of any medical conditions/medication/allergies/dietary needs or other special requirements, including emergency contact details, and complete a health form for use during the activity. For more details, please refer to the Supplier’s privacy policy, available [on the Website/on request].

9.1.3. Safety: The Customer agrees that they will act in a safe and responsible manner at all times and that they are prepared to take responsibility for their own actions and involvement whilst participating in any activity provided by the Supplier. The Customer agrees to abide by instructions and guidelines provided by the Supplier and any appropriate government guidelines, which may include but is not limited to following Governmental/Public Health/WHO guidelines for the country in which the activity is being undertaken; ensuring the Customer has suitable clothing/footwear, food, and equipment for the activity; and respect for the environment. The Customer understands that the Supplier reserves the right to cancel or alter routes/activities if issues arise that compromise safety including inclement weather, injury, bad behaviour, and unsuitable equipment. (Please see clause 19 for separate conditions appertaining to Force Majeure).

9.1.4. Dogs: The Supplier welcomes dogs on many guided walks but there may be routes which are unsuitable or where there are exclusions in place. Please check the specific Service for online Bookings and/or contact the Supplier about the suitability of a route before bringing a dog. Customers are fully responsible for their dogs and must ensure they are kept under close control at all times. The Supplier accepts no liability for loss, damage, infection, or injury associated with a Customer’s dog in any form. If a Customer arrives on the day with a dog, and it is not suitable to have that dog and/or the Supplier has not been notified in advance that the dog will be in attendance, the Supplier reserves the right to refuse access to the Services to the relevant Customer. Please note that the Supplier may bring their own dog to the guided walks.

9.1.5. Countryside Code (England & Wales)/Scottish Outdoor Access Code (Scotland): The Customer agrees to follow the Countryside Code/Scottish Outdoor Access Code guidelines to help preserve and look after the special qualities of the environment, its flora and fauna. More information can be found at the gov.uk website here and https://www.outdooraccess-scotland.scot/. The BMC ‘Green Guide to the Uplands’ booklet is also very useful and can be found online.

9.1.6 Images: The Supplier records activities via photography, digital imagery, video, and sound for marketing purposes relating solely to the business of the Supplier, and the Customer consents to such use by the Supplier. Should the Customer wish to withdraw consent, they should notify the Supplier in writing.

9.2The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with the obligations as defined by these Terms and Conditions.

10.1 The Supplier shall supply the Services as specified in the Bespoke Booking Proposal.

10.2 The Supplier is committed to customer satisfaction and shall perform the Services with reasonable skill and care, to a reasonable standard and in accordance with recognised codes of practice.

10.3 The Supplier shall comply with all relevant health and safety regulations and within the remit of the relevant mountaineering/outdoor activity qualification gained.

10.4 The Supplier shall ensure that all necessary qualifications and certificates required to provide the Services are current and as required by law.

10.5 The Supplier shall hold a valid public liability insurance policy.

10.6 The Supplier shall protect and respect Customer privacy and conform with the Data Protection Act 2018. The personal data requested by the Supplier at the time of Booking plus any subsequent information, is held in its original form and on computer. The information is required to assist the Supplier, its employees, agents and sub-contractors to deliver the Services and in maintaining the Supplier’s high standards of delivery. By providing the Supplier with the information to process the Booking, the Customer agrees that the personal data can be kept and accessed by the Supplier’s authorised personnel. Contact details will be used to advise the Customer of future offers either by post or email. If the Customer does not want to receive future mailings, they should advise the Supplier. 

10.7 Please see the Supplier’s privacy policy available [on the Website] for more details on how the Supplier handles personal data.

11.1. The Customer may need to cancel or request a change of Services with the Supplier for a number of reasons. Cancellations and requests for a change of Services, including date, should be made immediately to the Supplier by e-mail, or by phone followed by a confirmation in writing.

11.2 Where a Customer requests a change of Services, including date, the Supplier will endeavour to amend the booking the Supplier but is under no obligation to do so and a change may be construed as a cancellation.

11.3 Where a Customer requests a cancellation of Services less than four weeks prior to commencement of the agreed Services, the Supplier is entitled to retain the non–refundable deposit and the balance of monies owed must be paid in full. This is due to a significant proportion of the work to provide the Services being already completed, and to reflect the saving of a date, which has not been made available to other customers. If the Services are resold prior to their commencement, the Supplier is entitled to retain the non-refundable deposit, and refund other sums paid to the Customer (subject to deduction of expenses and any shortfall in the re-booking amount).

11.4 Where a Customer requests a cancellation of Services at least four weeks prior to commencement of agreed Services, the Supplier is entitled to retain the non–refundable deposit as a reflection of time spent. However, other monies paid to the Supplier will be refunded in full subject to the deduction of expenses incurred by the Supplier on behalf of the Customer.

11.5 The Supplier, whilst endeavouring to avoid changes or cancellations, has the right to change or cancel Services offered in accordance with these Terms and Conditions. If, for any reason, the Supplier has to cancel Services outside these Terms and Conditions, the Customer will be offered either an alternative date or a full refund for any monies paid for Services cancelled, including the deposit.

It is highly recommended that the Customer takes out adequate holiday/travel insurance, to cover accommodation, travel, hillwalking, and any other outdoor activities in which they wish to participate. The Supplier accepts no liability for costs other than those ascribed to in these Terms and Conditions. Personal insurance will give the Customer peace of mind and will usually cover a variety of issues that may arise, i.e., delays or cancellation for travel and accommodation; loss, damage to or theft of equipment; illness or injury. The Supplier bears no responsibility for any changes to a Customer’s travel plans or any issues with third party suppliers or travel providers.

‍

All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier.

14.1 The Supplier takes every care to ensure property and equipment belonging to the Supplier is in good condition and fit for purpose. Risk in any property or equipment used to provide the Services shall pass to the Customer when they are in the physical possession of the Customer, i.e., if a Customer borrows a compass, walking poles or a head torch.

14.2 Title or ownership of any property or equipment belonging to the Supplier remains with the Supplier. Any property or equipment belonging to the Supplier that is lost or damaged whilst in the possession of the Customer must be paid for in full.

15.1 The Agreement shall continue until the Services have been provided in terms of the Booking or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

‍

15.2 Either party may terminate the Agreement by notice in writing to the other if:

15.2.1. the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so;

15.2.2. the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances;

15.2.3. the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;

15.2.4. the other party ceases to carry on its business or substantially the whole of its business; or

15.2.5. the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.

15.2.6. In the event of termination, the Customer must make payment to the Supplier of any sums due in respect of deposits, Services and expenses incurred up to the date of termination.

15.2.7. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

‍

The Supplier warrants that the Services will be performed using all reasonable skill and care. 

17.1 The Supplier shall not be responsible for:

17.1.1 losses that were not caused by any breach on the part of the Supplier;

17.1.2 losses outside the Agreement for Services (including but not limited to accommodation, travel, food, equipment);

17.1.3 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or

17.1.4 any indirect or consequential losses that were not foreseeable to both the Customer and the Supplier (i.e. Force Majeure).

17.2 The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control, as detailed in clause 19. This condition does not affect the Customer’s legal right to have Services provided within a reasonable time or to receive a refund if Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.

17.3 Nothing in these Terms and Conditions limits or excludes the Supplier responsibility for fraudulent representations made by it or for death or personal injury caused by the Suppliers’ negligence or wilful misconduct.

17.4 The Suppliers’ total liability under these Terms and Conditions, or in any respect related thereto, is limited to directly foreseeable loss if the Customer is a Consumer, or the price the Customer has paid for the Services where the Customer is a business customer.

‍

The Customer indemnifies and holds harmless the Supplier against all claims, costs, and expenses which the Supplier may incur, and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorist activity, epidemics, pandemics, government rules or regulations, fire, flood, severe weather conditions and unavoidable or unforeseeable technical problems with transport, and the Supplier shall be entitled to a reasonable extension of time to perform its obligations under these Terms and Conditions.

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly, the Contracts (Third Party Rights) (Scotland) Act 2017 shall not apply to these Terms and Conditions.

Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Booking or such other address as such party may from time to time have communicated to the other in writing. If a notice is sent by email it shall, unless the contrary is proved, be deemed to be received on the day it was sent; if given by letter it shall, unless the contrary is proved, be deemed to have been served at the time at which the letter was delivered personally or if sent by post it shall, unless the contrary is proved, be deemed to have been delivered in the ordinary course of post. This will not apply to the service of legal proceedings, which cannot be validly served by email.

These Terms and Conditions supersede any previous agreements, arrangements, documents, or other undertakings either written or oral.

These Terms and Conditions, and any non-contractual obligations arising hereunder, shall be governed by, and construed in accordance with the laws of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.