Overseas Guiding Terms & Conditions

Single-service guiding · not a package

These Booking Terms & Conditions and your Client Booking Form form the contract for your guiding services between Ricky Munday, a sole trader trading as Mental Toughness ("we", "us", "our"), of Claremont Street, Glasgow, G3 7HB, and everyone named on the Client Booking Form ("you"). The nature of adventure travel at altitude means some aspects cannot be guaranteed; these areas are covered below.

IMPORTANT — SINGLE SERVICE, NOT A PACKAGE. We sell you one travel service only: mountain guiding and leadership. You arrange and pay for your own international flights and travel, and you contract and pay the local ground agent directly for accommodation, in-country transport, permits and logistics. Because we provide only a single travel service, your arrangement with us is not a "package" under the Package Travel and Linked Travel Arrangements Regulations 2018, and no package financial protection (such as ATOL or bonding) applies to the payments you make to third parties. You are responsible for satisfying yourself as to the arrangements and protection offered by those third parties, and for booking flights only with an appropriately bonded provider where applicable.

Booking & fees

How to book — To book, complete our online Client Booking Form, agree to these terms and our Participation Agreement, complete our Client Information & Medical Declaration, and pay the guiding deposit. A binding contract exists once we send you a booking confirmation.

The guiding fee — The fee you pay us is for our guiding and leadership only — trip planning, pre-trip advice, and on-mountain guiding and leadership. It does not include international or domestic flights, accommodation, ground transport, transfers, permits, national-park or peak fees, meals, personal equipment, tips, or insurance. You arrange and pay for those directly with the airline, the local ground agent and other third-party providers.

Payment — The deposit is non-refundable. The balance of the guiding fee is due 60 days before departure (or in full at booking if you book within 60 days). Payment obligations to the local agent and other providers are governed by their own terms.

Medical & welfare

Fitness & medical declaration — You must disclose any medical condition or disability on the Medical Declaration before booking so we can advise on suitability. If a condition arises before departure you must tell us immediately. Where we reasonably believe a condition is likely to endanger your health and safety or that of others, we may decline or cancel the booking.

Fitness to travel — We may ask you to obtain confirmation from a medical professional that you are fit to take part, and to provide evidence of it. We owe a duty to you and to other participants and may decline or cancel a booking if we reasonably believe you are not sufficiently fit.

Insurance — mandatory

Adequate insurance — You must hold adequate insurance for the full duration of the trip, covering at least: cancellation, medical expenses, injury, death, cost of repatriation, and search, rescue and helicopter evacuation, appropriate to the altitude and activity. You must make a full medical disclosure to your insurer. We may ask to see your insurance documents at any time.

Rescue & emergency costs — If an emergency, evacuation or rescue is required, responsibility for the associated costs lies with you, together with any resulting costs for hotels, food and transport. In an emergency we may arrange (or arrange for your insurers to arrange) search, rescue and recovery as we reasonably think fit, and you agree to indemnify us for the resulting costs.

On the mountain

Authority of the guide — Completing the Client Booking Form signifies your acceptance of the leader's authority to make decisions affecting the group or individuals. The leader's decision is always final. The leader may change any aspect of the trip, or require you to leave the group, if they believe your health, fitness, conduct or safety (or that of the group) requires it — in which case no refund is due.

Assumption of risk — Trekking and mountaineering at altitude carry an inherent risk of altitude illness, serious injury or death, in remote locations with limited infrastructure and medical care. You accept these risks and take part at your own volition.

Our liability

Guiding services — We will use reasonable skill and care in providing our guiding services. We are not responsible for the services of third parties you contract directly — including airlines, the local ground agent, accommodation and transport providers — or for their acts or omissions.

Independent arrangements — We cannot be responsible for missed connections, flights or arrangements you book independently, even where we have given advice on which flights the leader is taking. Those are at your own risk.

Limit of liability — Except for liability that cannot be excluded by law, our total liability arising out of or in connection with our guiding services is limited to the guiding fee you have paid to us. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded under Scots law.

Changes & cancellations

Cancellation by you — Cancellation must be notified in writing and takes effect when we receive it. The deposit is non-refundable. In addition, the following charges apply to the guiding fee:

56 days or more before departure: loss of deposit only.

30 to 55 days before departure: 50% of the guiding fee.

Fewer than 30 days before departure: 100% of the guiding fee.

Charges you have paid to the local agent, airlines and other providers are governed by their own terms, not ours.

Amendment by us — The nature of adventurous travel means the itinerary may change for reasons including weather, mountain or road conditions, or illness. Where changes incur additional third-party costs (such as extra accommodation or transport), those costs are borne by you. We will make reasonable efforts to minimise them.

Cancellation by us — We may cancel a trip that does not meet minimum numbers, and will tell you as soon as possible — but not fewer than 30 days before departure except for reasons beyond our control. If we cancel, we will refund the guiding fee you have paid to us; save that, where cancellation is due to force majeure, we may deduct unavoidable costs we have incurred. Refunds of monies you have paid to third parties are a matter for those third parties.

General

Complaints — Report any problem to your leader at once so it can be addressed. If it cannot be resolved, write to us within 28 days of the end of the trip with full details.

Behaviour & your liability — You must behave appropriately, comply with local laws and the leader's reasonable instructions, and meet our minimum kit requirements. You are liable for any damage you cause.

Data & media — We process your personal data in accordance with the UK GDPR, the Data Protection Act 2018 and our Privacy Policy. Unless you tell us otherwise in writing, you consent to photographs and video that may include you being used in our publicity.

Governing law — These terms are governed by Scots law, and any dispute is subject to the exclusive jurisdiction of the courts of Scotland.

Ricky Munday t/a Mental Toughness · Claremont Street, Glasgow, G3 7HB · bookings@rickymunday.com · rickymunday.com