Terms & Conditions

TERMS AND CONDITIONS OF ENTRY 

By submitting your online application and paying your fee you are agreeing to enter the event and agree to abide by these Conditions of Entry and any instructions given to you by the organisers and officials of the Event. This also includes any entries made for you on your behalf by a third party. 

  1. THE EVENT(S)

The Take to the Water events will involve open water swimming and walking over designated routes decided by the event organisers. Whilst the utmost care is placed upon the safety of all swimmers, officials, supporters, bystanders and helpers, entrants undertake the event at their own risk. Open water swimming carries a level of risk that whilst reduced by the safe planning of the event cannot be entirely mitigated due to the nature of wild swimming. The event organisers have the authority to cancel, postpone or change the planned route to ensure the safety of swimmers and all involved. Individuals who in the opinion of the event directors or safety marshals are either at risk or putting others at risk during the event will be removed from the event. By entering the event you confirm that you have experience of open-water swimming and agree to abide by the guidelines imposed by the event organisers. For children water safety sessions the child must beable to swim competently within a pool. Parents or a designated adult must be present at the water side during the sessions.  If you are in any doubt, please consult your doctor. 

  1. CANCELLATION BY YOU

If you are not able to come to the event and wish to cancel, we will refund 50% of the fee up to four months before the event. After that, no refunds or deferrals are available.  

TAKE OUT YOUR OWN INSURANCE COVER 

We realise that sometimes life gets in the way, whether it’s work, an injury or a family wedding – so we strongly encourage you to take out insurance to cover any costs incurred by you such as event fees, travel and accommodation. Your insurance must cover escorted open water swimming and there are a number of companies offering this type of cover. 

  1. CANCELLATION BY US

We may cancel an event if circumstances beyond our reasonable control arise, including, without limitation, force majeure or act of God, or inclement/unsafe weather conditions. In such circumstances: – 

  •  we will endeavour to stage the event at a later date (i.e., postpone the event), although restrictions to the course and open water conditions may mean this is not possible. Any change to the event will be communicated to you at the event or as soon as practicable;  
  • you will have the right to take part in the postponed event. If you cannot make the new date, you will be offered a deferral to the following year, or you can cancel your place and receive a partial refund as stipulated in clause 
  • in the event of cancellation or postponement of the event we will have no responsibility for any costs incurred as a result of cancellation including any travel or accommodation costs, including your travel to the event location. 
  1. LIMITATION OF OUR LIABILITY TO YOU
  • We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the event arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. 
  • Our liability, except in cases involving death or personal injury, shall be limited to a maximum of 2 times the cost payable to us for your event. 
  • Should you or any member of your party suffer illness, personal injury or death attributable to a third party unconnected with the provision of our services, or as a result of failures due to circumstances beyond our control, we will offer you such advice, guidance and assistance as is reasonable in the circumstances. 
  • Our liability will also be limited in accordance with and/or in an identical manner to: – 
  • any relevant international convention, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in these or any other such conventions. 
  • Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst you are participating in this event are not part of the arrangements provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. 
  1. SPECIAL REQUESTS 

If you have a special request, we will do our best to help, but we cannot guarantee it. Please advise us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your trip, it must be specifically agreed with us before you choose to enter the event. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to the event or should be paid for locally. 

  1. YOUR DOCUMENTATION  
  • You are responsible for ensuring that all details passed to us for you and all members of your party for the purposes of your booking and documentation generally are complete and accurate. If information that you supply to us is inaccurate, then you may not be allowed to take part in the event and you will not be entitled to any compensation. 
  • We will send out final details of the event a few weeks before the start date. Please ensure that you contact us if you have not received a final itinerary and other necessary documentation 7 days before the event date(s). 
  1. HEALTH & FITNESS PRECAUTIONS 
  • All our events and trips require a certain degree of physical fitness and, in some cases, experience of open water swimming. Whilst we endeavour to give guidance as to the likely levels of fitness and experience required, it is only guidance, and it is your responsibility to ensure that you have the levels of fitness and experience required for any event. By entering the event you confirm that you have experience of open water swimming and agree to abide by the guidelines imposed by the event organisers.  If you are in any doubt, please consult your doctor. We, and those retained by us to supervise any event, have an absolute right at any time (even just before or during the event) to prevent you from undertaking any part of the event or the whole event if we reasonably believe that you do not possess the necessary levels of fitness and experience. In such circumstances we shall not be liable for any losses or compensation arising. 
  • You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to you or any member of your group and which affect your arrangements (including any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. If in our reasonable opinion, your chosen arrangements are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain parts of the event(s), in which event we shall not be liable for any losses or compensation arising. 
  • If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to or a new medical or physical problem or disability that arises after booking, then we can also cancel the booking when we find out the full details if in our reasonable opinion the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out in our Cancellation Clause must be paid by the person concerned. 
  • We will need full details from you of any illness, medication currently being taken, known medical conditions and allergies. This information must be supplied at the time of entry via email lynda@emilym113.sg-host.com . This information is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential. 
  1. H. BEHAVIOUR

You must be responsible for the behaviour of yourself and your party. We require that all our customers abide by any event rules or other codes of conduct (which will be forwarded to you with your Confirmation Invoice or, if not, prior to the event commencing) and any other regulations that we may reasonably have in force in respect of the event in question and all instructions given by those supervising any event. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your group by terminating your event entry if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any our suppliers, or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else. We will not pay any refund, compensation, or other sum whatsoever or any costs or expenses incurred by you if we must terminate your trip due to such unacceptable behaviour or any failure to follow regulations or instructions. In this situation we will then have no further responsibility for you or any other member of your party. 

  1. I. GETTING TO THE START POINT  

It is your responsibility to get to the start point at the correct time. Please be aware that start times may change due to weather conditions, and the final times will be communicated to you the day before the event date or at the event registration. 

  1. J. DATA PROTECTION 

Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers (who may be located outside the UK/EEA) for the purpose of providing you with your travel arrangements. Only information necessary for this purpose will be disclosed to them. Some information, for example relating to your religion or health, may be “sensitive personal data” within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of you or anyone else in the group. From time to time, we may contact you by post with information about special offers or forthcoming trips. If you do not wish to receive such information, please notify us.  

  1. K. PHOTOGRAPHY AND COMMENTS

We may take photographs of you during the course of any particular trip or event and may use such photographs on our website, social media or for our own marketing purposes. Likewise, if you supply any photographs or written comments to us about our trips, we may occasionally use them on our website or for other marketing purposes. Please write to us if you would prefer that we do not use any such photographs or comments. 

  1. L. JURISDICTION/GOVERNING LAW

We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking or travel must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that Scots law (and no other) will apply to your contract. 

  1. M. COMMUNICATION

Generally, much of our communication with you is by email and this applies particularly in respect of confirmations or event instructions and changes and subsequent information that needs to be sent to you. It is your responsibility to retain copies of all communications that you receive from us electronically relating to your trip and contact us if you have not received information prior to the event date. We cannot be responsible for any losses arising from a failure by you to receive email communications on account of technical problems, traffic congestion on the Internet or on any Website, problems with or technical malfunction of any telephone network or lines, computer equipment, software, systems, servers or providers. 

SHOP TERMS AND CONDITIONS

All prices payable for the items that you order are clearly set out on the website. The price of the items does not usually include the delivery charge, which will be charged at the rates applicable at the time you place your order. 

Returns: 

If your purchase is not suitable you can return it to us unused with the original packaging and manufacturer’s labels/swing tickets intact, within 15 days from the date you receive the goods, for a replacement or refund. 

 Return Address: 53 Melrose Road, Galashiels, TD1 2AT 

 Please use registered post or guaranteed delivery service for all returns. All refunds will be given as soon as possible, usually a refund transaction onto the card used for purchasing. At the very latest we will refund your money within 30 days of the original purchase. Under certain circumstances, we may refund the return postage if the goods are faulty or damaged. However, in the case of incorrect ordering and undisclosed reasons for return, the customer will be expected to pay the return cost.