TERMS AND CONDITIONS FOR USE OF THE DROVERS’ TRYST WEBSITE (These Ts & Cs were last updated in December 2019)
1.1 These terms & conditions set out the terms between you, the customer, and us, the website owner.
1.2 Your use of this website, and any service contained within, constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept these terms & conditions in full.
1.4 Whilst the Drovers’ Tryst is non profit making, we have to cover the costs of running the festival. There is therefore a minimum admin fee per person on all walks regardless of the duration of the walk.
2 Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required, to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
4 Your Order
4.1 When you place an order you will automatically receive a confirmation email from us. Your order constitutes an offer made to us to purchase the services specified in the order.
4.2 Your offer is only accepted by us once we have emailed you to confirm the acceptance of your order.
4.3 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified, or where fraud is suspected.
4.4 If we are unable to reasonably ascertain these details or resolve these issues, a full refund will be made against the card used at the time of purchase.
5.1 By law, customers have the right to cancel bookings and receive a full refund if cancellation is done within 14 days of the date of the original online booking.
5.2 Cancellations before 1st May will be subject to an administrative charge of £2 per walk place cancelled.
5.3 From 1st May, booking fees are not refundable, because we cannot be sure of re-selling cancelled places after that point.
5.4 On walks for which minibus transport or car share arrangements are included in the ticket price walkers may choose not to travel on the minibus or join the car share but no refund or price reduction will be given
5.5 Charges for social events when booked though the Drovers’ Tryst portal are non-refundable, except at the Committee’s discretion.
6 Customer Complaints
We will endeavour to respond to all customer complaints or queries within five working days.
7 Events Outside Our Control
7.1 We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to: acts of god, war, civil disorder or industrial dispute.
7.2 If the Tryst cancels a walk then the customer will be offered a place on an alternative walk, if available and suitable. Full refund will be given if the customer does not wish to accept the alternative. If a walk still goes ahead but the route is modified or changed due to adverse conditions, no refund will be given if a customer does not wish to participate in the alternative route.
8 Young People and Vulnerable Adults
8.1 The nature of hill walking potentially involves leaders or other participants in providing close assistance to others. For everybody’s protection those people classified as ‘vulnerable adults’ or young people under the age of 16 must be accompanied by an appropriate carer or responsible adult. No special arrangements are possible to provide independent supervision for vulnerable people, and the accompanying carer has to take full responsibility for them. The carer or parent is best placed to judge the capability of their charges.
8.2 We do ask that you only bring children on a walk if you are confident that they will be able to complete it comfortably. At all times, children must be accompanied by an appropriate adult who must take full responsibility for them.
8.3 No children under the age of 16 are allowed on Extra Hard or Hard walks. Children over the age of 12 are permitted on Medium and Easy walks provided that they are accompanied by a responsible adult.
9 Risks, Liabilities and Responsibilities
9.1 The organisers of the Drovers’ Tryst recognise that hill walking is an activity with the risk of personal injury and that, for example, walking in the Scottish hills can be hazardous, particularly if you are not physically capable of the walk or are not properly equipped. Those taking part in the Drovers’ Tryst events do so at their own risk. The organisers and sponsors of the events shall not be liable for any accident or injury, however caused. All participants in the Drovers’ Tryst should be aware of this and accept this risk and be responsible for their own actions.
9.2 It is a condition of booking on a walk that the following terms are accepted.
9.3 By applying to walk we assume that you are willing to abide by the terms, and that you are fit and equipped for the activity booked.
9.4 Participants must abide by and comply with all reasonable instructions and decisions of the leaders and organisers. This means that the organisers and leaders will make a decision based on their experience, knowledge on whether or not it is reasonable and safe to carry out a particular activity at any given time. If necessary they will provide assistance, but please ask if you are uncertain. If you have a particular difficulty it is important that the leaders are made aware in advance.
9.5 Participants acknowledge that decisions made by the organisers and leaders are final, as they are responsible for your safety during the walks and mountain biking. If a leader or organiser considers that any participant is inadequately equipped for a particular walk in relation to the conditions pertaining at the time then the participant may be excluded from that walk.
10.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
10.2 This licence allows you to download and cache (using your browser) individual pages from our website.
10.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
10.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
10.5 Our website cannot be placed within the frame-set of another site.
10.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
10.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
11.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
11.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
12 Limitations and Exclusions of Liability
12.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
12.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
12.3 All indirect, consequential or special losses or damage are all excluded.
12.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
12.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
12.6 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times, now and in the future, against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
18 Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
19 Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
20 Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms & conditions shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts.
Our contact details are as follows:
Crieff and Strathearn Drovers’ Tryst
This policy was last updated on December 2019
1 Data Protection Act 1998
We comply with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.
2 Our Services
We only hold the data necessary to offer services provided on our website.
3 Required Period
We only hold personal data for as long as necessary. Once data is no longer needed it is deleted from our files.
4 Data Storage
For administrative reasons, data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area).
5 Email Updates
We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.
6 Our Promise
We never sell, rent or exchange mailing lists.
7 Product Updates
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding services directly provided by us.
8 Email Content
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
9 Contact Us