Your contract is with Gone Swimming Limited a company registered in Wales, with Company Number 07933262 and its registered office at:
1 Thomas Buildings,
Your contract incorporates these Booking Conditions and by making a booking with us you accept of these Booking Conditions
1. Booking and payment
When you make a booking and pay your deposit or full payment (as applicable), we will reserve your trip on the basis of these Booking Conditions. Your booking will be taken as confirmed in respect of all persons named on your booking and a binding contract between us will come into existence only when we send our Confirmation Invoice to you.
Prior to doing so, you may receive a provisional confirmation that your booking has been received. The provisional confirmation simply indicates that we are dealing with your booking request and is not a confirmation of it.
We will usually be able to issue a Confirmation Invoice within 14 days of receipt of your booking. Please contact us if for whatever reason you have not received a Confirmation Invoice within 14 days of receipt of your booking.
We reserve the right to refuse a booking without giving any reason and in such circumstances will return any monies paid at the time of booking.
Please check your Confirmation Invoice together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Confirmation Invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out.
Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
Any contract for a group booking is with the “Lead Name” as shown on the Booking Form and the Lead Name is responsible for ensuring that other members of his/her group are aware of these Booking Conditions and that they consent to him/her acting on their behalf in dealings with us.
Our price policy, payment terms and surcharges
We reserve the right to alter prices shown in any of our marketing literature or on our website and we will inform you of any price changes prior to the issue of our Confirmation Invoice. Once our Confirmation Invoice has been issued then, except in the case of manifest error, any price changes may only be made in accordance with these Booking Conditions.
When you make your booking you are required to pay a deposit which will vary depending on the specific trip that you wish to book. If your trip is due to commence within six (6) weeks of your booking then the total price shall be payable at the time of booking. The balance of the total price of your trip must be paid at least six (6) weeks prior to travel commencing.
Your booking will not be confirmed until we receive your deposit and if the balance is not paid by the due date then we reserve the right to cancel your booking and retain any deposit.
Regardless of changes in transportation costs (including the cost of fuel) dues, taxes, fees, exchange rates or supplier costs, no alteration shall be made to the price of your trip after the Confirmation Invoice has been issued.
Changes and cancellation before departure
We hope and expect to be able to provide you with all the services we have confirmed to you in our Confirmation Invoice. We plan arrangements in advance of trips, using independent suppliers, over whom we have no direct control.
Sometimes changes do have to be made, and we reserve the right to make these. Most of these changes are minor and, in particular, we will normally regard changes to itineraries, programmes and accommodation suppliers, to be minor changes.
However, if we consider any changes to be a “Significant Change” we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a change of accommodation to that of a lower category and/or price or a significant change of destination.
In the unlikely event we need to cancel your trip we will tell you as soon as possible. However we will not cancel your trip less than 30 days before the start date unless it is for a reason outside our control.
If we have to cancel your trip, or make a Significant Change before your departure we will provide you with three alternatives:
alternative trip of equivalent or of very closely similar standard and price, if available, or
alternative trip of a lower standard together with a refund of the difference in price; or
cancel your trip with a full refund.
In all cases, compensation will be paid as detailed below unless the change occurs as a result of circumstances beyond our control, or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where the clause below applies.
Some trips shown on our website or in our marketing literature can only be operated if a sufficient number of people book them. If there is insufficient demand, we have the right to cancel the trip in question.
If we have to do so, we will tell you as soon as possible and normally no later than six (6) weeks prior to the start date. In this situation, you will then have the choice of having a full refund of all monies paid or, if possible, the same trip starting on a different date.
Where we cancel for lack of numbers in accordance with this clause, no compensation or other amounts (for example, the cost of any travel arrangements you have made independently) will be payable.
Changes during the trip
By its very nature open water swimming requires a significant degree of flexibility on your part. Whether or not a swim can proceed, is largely dependent on environmental conditions. In the circumstances changes or cancellations can be made at the last minute. Our guides will determine if a swim can proceed and you will be expected to comply with their instructions.
We will not be liable to pay any compensation if we are forced to cancel or in any way change your trip arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care.
These include bad weather, adverse water conditions or marine activity, pollution to waters, unavoidable technical problems with transport or accommodation, war or threat of war, radiation release, civil strife, industrial disputes, natural disaster, epidemic or terrorist activity.
If you change your booking
If you want to change your trip arrangements in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time.
Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we will also apply an administration charge of £10 per change for each person on the booking requiring a change together with any further costs we incur, for example with our suppliers, in making any change
Any booking discount you may have received at the time your original booking was made may be altered or reduced whenever changes are made if such discount has since been altered, reduced or withdrawn.
If you cancel your booking
If you wish to cancel all or part of your booking, you must write to us. If some or all of your party cancel their booking or we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, we will levy a cancellation charge on the scale shown in the table set out below.
Period before start date of package
More than 56 days
Retention of the Deposit
Between 28 days and 55 days
70% of total price for each person in the group who cancels
Less than 28 days
100% of total price for each person in the group who cancels
If you or anyone included within your booking is unable to go for any reason or decides that he/she does not want to travel, you may be able to transfer the whole booking or the place on the booking of the person(s) concerned to someone else, subject to the following:
You must write to us with full details of who cannot or does not want to take part in the trip and who you would like to go instead. We must receive this information at least 5 working days before the trip starts.
If the change can be made, you will have to pay an amendment fee of £10 per person named on the booking together with any extra costs we incur or are asked to pay in order to make the change .
Anyone who takes part in a trip in place of anyone who was originally due to take part must agree to these Booking Conditions and any other requirements which apply to the booking before the change can be finalised. If the full cost of the trip should already have been paid when the change is requested but has not been, this must also be paid before the change can be finalised.
We may be unable to transfer the booking if the sex of the replacement is not the same as the original person on the booking due to the fact that we often used shared accommodation.
2. 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 trip 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 trip.
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; the contractual terms of the companies that provide the transportation or accommodation or other services for your trip which are incorporated into and form part of your contract with us; and 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, other activities that you may choose to book or pay for whilst you are on the trip are not part of the trip arrangements provided by us. For any other activity 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.
Nothing in these Terms & Conditions affect any statutory rights that you may have under the relevant jurisdiction.
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.
We both also agree that English law (and no other) will apply to your contract. If this provision is not acceptable to you, you must tell us at the time of booking.
3. Your responsibilities
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 or at the time you book.
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 your trip commencing or should be paid for locally.
Health & fitness precautions
All of our trips require a certain degree of physical fitness. 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 particular trip that you book. If you are in any doubt please consult your doctor.
We have an absolute right at any time (even after a trip has commenced) to prevent you from undertaking any particular part of the trip or the whole trip 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 or disability that may apply to any member of your group and which affect your arrangements 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 a trip, 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.
We will need full details from you of your travel insurance and any illness, medication currently being taken, known medical conditions and allergies. This information must be supplied at least 2 weeks prior to the trip commencing. This information is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential.
We consider comprehensive travel insurance to be essential and strongly recommend that you have such insurance to cover, in particular, illness, accident, emergency repatriation, cancellation, lost luggage and delays. Such insurance should cover you for open water swimming. Please read your policy details carefully and take them away with you. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
We require that all our customers abide by any event rules or other codes of conduct (which will be forwarded to you prior to the trip 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 trip 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 have to 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.
Getting to the meeting point
It is your responsibility to get to the meeting point at the correct time.
If you have a complaint
If you have cause for complaint whilst on our trips, you must bring it to our attention immediately. We will do our best to rectify the situation. If your complaint is not resolved immediately, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information.
In order to comply with the Package Travel, Package Tours and Package Holidays Regulations 1992, all client money is independently held in trust by Protected Travel Services Ltd until your holiday has been completed. This protects all payments we receive from you against the unlikely event of our financial failure meaning that should such an event occur you will be able to have a full refund or continue your trip as normal. No money is paid to us until all the suppliers for your trip have been paid and you have completed your trip.
Please see http://www.protectedtravelservices.com/company/consumer-protection for more information.
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 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.
Photography and comments
We may take photographs of you during the course of any particular trip and may use such photographs on our website or for our own marketing purposes.
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.
Generally much of our communication with you is by email and this applies particularly in respect of confirmations or itineraries 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 our Confirmation Invoice within 2 weeks of making your booking or final trip details at least 2 weeks prior to commencement.
We cannot be responsible for any losses arising from a failure by you to receive email communications on account of technical problems.
A group email is sent approximately 2 weeks before your trip to introduce you to the other guests on the tour. Should you wish to opt out then please contact us.