Terms of Service for Clients
1.1. These Terms of Service (‘Terms’) are a binding legal Agreement between you and Wild Plans that govern your use of the Wild Plans Service. When used in these Terms, ‘Wild Plans’, ‘we’, ‘us’, or ‘our’ refers to the Wild Plans company with whom you are contracting.
1.2. These Terms contain important information about participation by you and members of your group. In booking an Activity, you acknowledge and agree that you and all members of your group are aware of these Terms and Conditions and accept that they form part of your contract with the Guide.
2.1. Wild Plans provides an online Service that enables ‘Users’ to publish, offer, search for and book ‘Activities’. Users who publish and offer Activities are ‘Guides’ and users who search for and book Activities are ‘Clients’. Guides offer a variety of adventure activities within individual ‘Listings’. Clients who participate in Activities are ‘Participants’.
2.2. As the provider of the Wild Plans Service, Wild Plans does not own, control or manage any Guide ‘Services’. Wild Plans is not a party to the contracts concluded directly between Guides and Clients, nor is Wild Plans an insurer or an organiser or retailer of travel packages. Wild Plans is not acting as an agent in any capacity for any User, except as specified in Clause 11 ‘Payments and charges’.
3.1. When you book an Activity, you are agreeing to pay all identified charges for your booking.
3.2. When you receive the booking confirmation, a contract for Guide Services is formed directly between you and the Guide.
3.3. No booking shall be deemed to have been accepted unless you have received booking confirmation.
3.4. An Activity booking entitles you to attend and participate in a Guide’s Activity. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements.
3.5. Except where expressly authorised, you may not allow any person to join an Activity unless they are included as an additional Participant during the booking process.
3.6. You may not substitute any person booked onto an Activity except where expressly authorised by the Guide during the booking process. Substitution of a Participant may be subject to an administrative cost specified by the Guide.
3.7. You must advise the Guide as soon as possible of any mistake in any booking confirmation.
4. Booking Modifications
4.1. Guides and Clients are responsible for any booking modifications they agree to make through the Wild Plans Service and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
4.2. Some Guides may work with another Guide or as part of a team to provide their Services.
5.1. Cancellations within 24 hours of purchase of an Activity are eligible for a full refund.
5.2. If you wish to reschedule the date and time of your Activity, you can do that within 24 hours of booking, and up to 72 hours before the Activity starts.
5.3. If something outside your control forces you to cancel an Activity, you may be eligible for a partial or full refund under Clause 14 ‘Extenuating Circumstances’.
5.4. If a Guide cancels, or you experience a Booking Issue (as defined in Clause 13 ‘Refunds’), you may be eligible for rebooking assistance or a partial or full refund.
5.5. Wild Plans will not be liable where any failure in the performance of the Contract is due to:
a) you; or a third party unconnected with the provision of the Activity and where the failure is unforeseeable or unavoidable
b) an event listed in Clause 14.2 ‘Extenuating Circumstances’ or any other unusual and unforeseeable circumstances beyond the Guide’s control, the consequences of which could not have been avoided even if all due care had been exercised
c) an event which the Guide, even with all due care, could not foresee or forestall.
5.6. You are advised to arrange your own insurance to cover you in the event you need to cancel your booking.
6. Cancellations by Guide
6.1. It may be necessary for a Guide to make minor changes to the Activity offered to address weather and environmental conditions on the day of the Activity. Clients should be aware that weather by nature is unpredictable and that unforeseen circumstances can happen.
6.2. In the event of 5.1, the Guide will either:
a) make minor changes to the Activity offered
b) try if possible to offer an alternative Activity
c) offer the chance to reschedule your Activity.
d) provide a full refund of the Total Fees paid.
6.3. A Guide may amend, cancel or end an Activity if:
a) the Guide reasonably believes that weather and environmental conditions are unsuitable or too dangerous to provide an Activity
b) there are unexpected limits on resources which could not reasonably be planned for.
6.4. A Guide may also amend or cancel the Activity if:
a) the Guide has not received signed Information and Consent Forms for all Participants
b) a Client has not brought necessary personal medication
c) a Client has not brought the correct clothing or equipment from the guidance provided
d) Clients arrive more than 30 minutes late
e) communication issues prevent safe operation of Activities, for example language translation issues
f) Clients are not adhering to safety instructions
g) a Guide reasonably believes that any Client’s behaviour is dangerous, disruptive or inappropriate
h) a Guide reasonably believes that the abilities of any of the Participants are impaired through alcohol, drugs or any medical condition
i) any other reason that affects the safety requirements of an Activity.
6.5. In the event that a Guide decides to cancel your booking under 5.4, no refund or compensation shall be payable.
7.1. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join an Activity. You must:
a) arrive in sufficient time
b) adhere to all safety instructions given by the Guide
c) act in a civil manner with respect to the environment and others in it
d) comply with applicable laws at all times.
7.2. Late arrivals may not be permitted to participate, and no refunds or compensation will be payable in such circumstances.
7.3. Behaviour that disrupts the smooth running of an Activity may result in the disruptive Participant(s) being excluded.
7.4. Guides reserve the right to exclude Participants from an Activity if they are not adequately prepared or their actions will jeopardise their own, other Participants or the Guide’s safety.
7.5. All Participants must be able to understand and follow safety instructions.
7.6. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
8. Assumption of risk
8.1. Adventure activities by their very nature have intrinsic risks associated with them. Participation in all adventure activities has a risk of personal injury, disability or death, and it is impossible to completely protect participating individuals from these risks.
8.2. It is your responsibility to investigate an Activity to determine whether it is suitable for you.
8.3. In booking an Activity and signing the Information and Consent Form, you acknowledge and agree that, to the maximum extent permitted by applicable law, you freely and wilfully assume the entire risk arising out of your access to and use of the Wild Plans Service, including your participation in any Activity and use of any other Guide Service.
8.4. All Participants (or for children under 18 a Responsible Adult) must sign an Information and Consent Form before being allowed to participate in any Activity.
8.5. Wild Plans requires that all Activities are lead by Guides who hold appropriate qualifications, experience and insurance cover for the Activities which they offer and deliver. Guides are also required to ensure that the delivery of all Activities conforms with agreed operating procedures and risk management plans, and that these are followed at all times. All Guides must confirm that these requirements have been met before the delivery of each Activity.
8.6. If a Guide fails to comply with these Terms, the Guide is responsible for loss or damage you suffer that is a foreseeable result of the Guide breaking this contract, or the Guide failing to use reasonable care and skill.
8.7. A Guide is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Guide and you knew it might happen, for example, if you discussed it with the Guide during the booking process.
8.8. Except as otherwise provided in these Terms and Conditions, Wild Plans shall not be liable for any illness, injury or loss of life sustained on any Activity.
8.9. Nothing in these Terms is intended to exclude or limit in any way the liability of a Guide where it would be unlawful to do so. This includes liability for death or personal injury caused by the negligence of a Guide.
9. Health and safety
9.1. All Participants in Activities must expect to be involved in adventurous and sometimes strenuous activities and should ensure they are fit enough, able and confident to partake in the chosen Activity.
9.2. All approved Guides have sole responsibility for the assurance of safe working practices and procedures in the conduct of their business activities.
9.3. Guides are required to confirm that in the delivery of Activities they will maintain and promote the highest safety standards in accordance with national guidelines and best working practice.
9.4. An Information and Consent Form must be completed and signed (by a Responsible Adult for children under 18) as part of the booking process. All prior health and medical conditions must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the Activity must be reported. All Participants must be satisfied that taking part in the Activity is within their capabilities. Guides reserve the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the Activity.
9.5. All Participants are responsible for informing the Guide of any medical or physical conditions, or other circumstances that may impact their ability to participate in the Guide’s Activity.
9.6. If necessary, you should check with your GP if you are unsure about whether or not you are fit and well enough to participate in an Activity.
9.7. Any Participant who is required to carry personal medication as part of the management of any health or medical issue must declare this on the Information and Consent Form and bring this medication with them on the Activity.
9.8. For reasons of safety, Guides may ask Participants to take precautions such as tying back long hair and covering or removing body piercings.
10.1. Some Activities have age restrictions which are indicated on the individual Activity Listing.
10.2. Some Guides will require that all children under the age of 18 are accompanied by a person with legal parental responsibility.
10.3. Guides who hold an Adventure Activities Licensing Authority (AALA) licence are able to work with children under the age of 18 who are unaccompanied by a person with legal parental responsibility. Guides with an AALA licence will indicate this during the booking process.
10.4. Any Participant under the age of 18 years must have the permission of a person with parental responsibility before being able to take part in any Activity. The person with parental responsibility must be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
11. Clothing and equipment
11.1. On booking you will be provided with a recommended General Kit List indicating appropriate clothing, footwear and commonly available equipment such as water bottle, rucksack etc. that you may need to participate in your Activity.
11.2. It is the responsibility of each Participant to ensure that they are dressed with clothing and footwear that is appropriate for the Activity and the weather conditions.
11.3. You should discuss any items that you do not have with your Guide as they may be able to help you source any equipment you need.
11.4. In booking an Activity, all Participants acknowledge and agree that clothing and footwear can get wet, dirty or even damaged during adventure activities.
11.5. Guides accept no liability for any damage to or loss of clothing or other personal items resulting from participation in an Activity.
11.6. Guides reserve the right to refuse participation to any Participant who is not appropriately dressed.
11.7. All technical safety equipment will be provided by your Guide.
11.8. Participants are responsible for the safekeeping of all equipment issued for use during an Activity. Guides reserve the right to withhold deposit payments for any equipment that has been lost or damaged through neglect or misuse.
12. Payments and charges
12.1. Wild Plans provides Payment Services for Guides to offer and book Activities or other current and future services. Payment Services include:
a) collecting payments from Clients
b) effecting payments to Guides
c) other payment related services in connection with Guide Services.
12.2. In order to use the Payment Services, you must be at least 18 years old.
12.3. The price for an Activity is set by the Guide, plus the addition of other fees or costs determined by either the Guide or Wild Plans. These may include:
a) additional client fee – charged by some Guides for each Client beyond a set number
b) security deposit – some Activities may require a security deposit requested by the Guide.
12.4. Wild Plans collects the Guide’s total booking cost prior to the Activity delivery, unless noted otherwise.
12.5. When you use a Payment Method, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Wild Plans or its third-party payment processor. You authorise Wild Plans to make any enquiries we consider necessary to verify your identity.
12.6. You authorise Wild Plans and its payment service providers to collect and store your Payment Method information.
12.7. Some third-party payment service providers may charge you additional fees when processing Payments in connection with our Payment Services. Wild Plans is not responsible for any such fees and disclaims all liability.
12.8. Wild Plans is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
12.9. Wild Plans does not currently charge a Client service fee for Activities.
12.10. VAT is not currently charged on either the Activity price or on the Guide service fee.
12.11. Except as otherwise provided, fees are non-refundable.
12.12. You acknowledge and agree that you will be responsible for all expenses incurred by you or persons acting on your behalf in connection with this Agreement.
12.13. You will indemnify us on demand for any costs and expenses incurred in connection with the recovery of any fees due under this Agreement.
13. Security deposits and damage claims
13.1. Some Guides may require a security deposit for Activities.
13.2. You will be responsible for the cost of any damage you cause to property or equipment through inappropriate behaviour.
13.3. If you agree to pay a Guide in connection with a Damage Claim, or Wild Plans determines that you are responsible for damaging any property pursuant to these Conditions, you authorise Wild Plans to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Activity, as well as any fees, costs and/or expenses associated with the Damage Claim.
14.1. For all payments, there is a 24 hour cooling-off period where cancellation can be made. Cancellations during the 24 hour cooling-off period must be made by e-mail.
14.2. Subsequently, all payments are non-refundable other than for situations which are confirmed as Extenuating Circumstances.
14.3. The following situations are ‘Booking Issues’ that are eligible for a refund:
a) a Guide fails to carry out the booked Activity or arrives more than 30 minutes past the stated start time, causing the Client to abandon the Activity
b) the Activity is significantly delayed because of circumstances outside of the Guide’s control
c) a Guide suspends the Activity for technical reasons.
14.4. If we determine that a Client has experienced a Booking Issue, we will, at our discretion, provide the Client with a refund up to a maximum of the Total Fees the Client paid for the Activity. The amount of any refund will depend on the nature of the Booking Issue suffered.
14.5. Wild Plans will process any refund due as soon as possible and, in any case, no later than 28 days after the day on which it was informed about the Booking Issue or Extenuating Circumstance.
14.6. This clause is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Client, and the Client has not paid any premium in respect of this refund policy. The benefits provided under this clause are not assignable or transferable by a Client.
14.7. All determinations of Wild Plans with respect to refunds under this clause shall be at Wild Plans’ discretion, and final and binding on Clients and Guides.
15. Extenuating Circumstances
15.1. When an unforeseen incident beyond the Guide’s or Client’s control arises which make it impracticable or illegal to complete an Activity booking, Clients can cancel their booking and receive, depending on the circumstances, a refund and/or other consideration. Guides that are affected by an Extenuating Circumstance can cancel without adverse consequences.
15.2. An Extenuating Circumstance refers to the following situations:
a) Government-declared local or national emergencies, fire, flood, epidemics, pandemics, quarantine restriction and public health emergencies. This does not include diseases that are endemic or commonly associated with an area.
b) Government travel restrictions imposed by a governmental agency that prevent or prohibit travelling to, staying at, or returning from the Activity location. This does not include non-binding travel advisories and similar government guidance.
c) Acts of war, hostilities, terrorism, explosions, bombings, riots, civil unrest and malicious damage.
d) Natural disasters, acts of God, large-scale outages of essential utilities, earthquakes, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location.
15.3. Everything else is excluded. Examples of situations which are not considered to be Extenuating Circumstances and do not allow cancellations include: transport disruptions such as accidents, road closures, train, bus and ferry cancellations; travel advisories or other government guidance (that fall short of a travel ban or prohibition); government obligations like court appearances or jury duty.
15.4. Where a Client is unable to participate in an Activity due to Extenuating Circumstances, the Client must notify the Guide and Wild Plans as soon as possible, and not later than the day of the Activity, giving full details substantiating the request.
15.5. Depending on the circumstances, Clients may receive a refund and/or other consideration. These requests will be considered on a case-by-case basis, and Wild Plans’s decision is final.
16. Service rules
16.1. Any Client, Guide or other User must follow these rules when using the Wild Plans Service and must not help or induce others to break or circumvent these rules:
a) Act with integrity and treat others with respect.
b) Do not take any action that could damage or adversely affect the performance, security or proper functioning of the Wild Plans Service.
c) Only use Content made available through the Wild Plans Service as necessary to enable your use of the Service as a Client.
d) All communications between Clients and Guides prior to booking must be through Wild Plans.
e) Do not request, make, or accept a booking or any payment outside of the Wild Plans Service to avoid paying fees, taxes or for any other reason.
f) Guides must not require or encourage Clients to interact with any other service or third party website before, during or after a Booking, unless authorised by Wild Plans.
g) Only provide us with someone else’s personal information if you are authorised to do so and are in compliance with applicable law.
h) Do not use the name, logo, branding, or trademarks of Wild Plans without permission.
i) Do not offer Guide Services that violate the laws or agreements that apply to you.
17. Privacy Notice
17.1. We processes your personal information in-line with the General Data Protection Regulations (GDPR) and the the Data Protection Act 2018 (DPA). Any personal information you give us is held securely and will be used only for the purposes of providing you with services that you have requested.
17.2. We collect, hold and use the following personal information:
a) Identity Data including your name, date of birth and gender
b) Contact Data – including you address, email address and telephone number(s)
c) Financial Data – including payment card details
d) Special Category Data – including medical, dietary, disability, ethnicity, first language and religious or philosophical belief information.
17.3. The legal basis for the use of your personal data is one or more of the following:
a) we have received your explicit consent
b) we use the information in order to perform a task in the public interest
c) the processing of the information is in your vital interests.
17.4. In some circumstances we require your consent to process your information. Where we are processing your information based on consent, you will have a right to withdraw consent and the service provided to you will not be impacted in any way.
17.5. If you do not provide the personal information requested, we may not be able to provide our services to you.
17.6. We will not share your information with any external organisations unless the law allows us to do so.
18. Changes to these Terms of Service
18.1. We may from time to time change or amend these Terms of Service when such change or amendment becomes necessary or desirable for reasons related to our business. Any changes or amendments will take effect from the policy review date indicated at the end of this document.
19.1. The agreement between you and Wild Plans is effective when you access the Wild Plans Service (and remains in effect until either you or we terminate the agreement in accordance with these Terms and Conditions.
19.2. You may terminate this agreement at any time by sending us an email or by deleting your account.
19.3. Wild Plans may terminate this agreement and your account for any reason by giving you 30 days’ notice via e-mail or using any other contact information you have provided for your account.
19.4. Wild Plans may also terminate this agreement immediately and without notice and stop providing access to the Wild Plans Service if you breach these Terms and Conditions, you violate our policies, you violate applicable laws or we reasonably believe termination is necessary to protect Wild Plans and its Users or third parties.
20. Limitation of liability
20.1. Save for death or personal injury caused by our negligence, we exclude to the extent permitted by law all conditions, warranties and other terms which might be implied by statute, common law or equity any liability for any direct, indirect or consequential loss or damage of any kind, howsoever arising and whether caused by tort (including our negligence), breach of contract or otherwise, even if such loss is foreseeable.
20.2. We shall not be liable for any delay or failure to fulfil any obligation under this Agreement resulting from causes outside our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials (‘Force Majeure Event’).
20.3. Where we are affected by a Force Majeure Event we shall:
a) notify you of the nature and extent of the Force Majeure Event affecting the performance of our obligations under this Agreement
b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on our ability to carry out our obligations under this Agreement and to resume the performance of such obligations as soon as reasonably practicable.
21.1. All information is produced in good faith that it is accurate at the time of publishing.
21.2. These Terms of Service and Wild Plans policies and procedures will be governed and interpreted in accordance with the laws of England and Wales and all disputes arising from these documents or in relation to them shall be subject to the exclusive jurisdiction of the English courts.
21.3. Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.1. If you wish to make a complaint about any aspect of our service, please contact us using the contact information below.
22.2. Complaints will be dealt with within 28 days of their receipt.
22.3. You also have the right to complain about our data processing activities to the Information Commissioner’s Office (ICO) through the ICO’s website at ico.org.uk/make-a-complaint/
22.4. Complaints concerning the payment service are eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. You can contact the UK Financial Ombudsman at firstname.lastname@example.org.
To contact us, please e-mail us at email@example.com
or write to: