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Highland cow on sandy beach on Isle of Mull

Our Terms and Conditions

Thank you for your interest in booking an adventure with Otter Adventures. Before booking, please read these Terms and Conditions (this 'document') carefully as they, together with all other information relevant to your booking, for your contract with us.

In this document the following terms are used subject to these definitions:

Our registered business address is: Otterburn, Monument Park, Strontian. PH36 4HZ, Scotland.

Company registration no: SC575565

This contract is between you and us and is subject to the following conditions. These are set out in four main areas:

Please take the time to read them as they form an essential part of your booking contract with us and you will be asked to accept our Terms and Conditions before proceeding with your booking.

Booking

Full details of each of our experiences are on their respective pages on our booking portal and these should be read in conjunction with this Document.

The price at the time of booking will be clearly displayed. All prices include VAT but we reserve the right to alter any of our advertised prices for any reason at any time.

The person making the booking is deemed the person in charge of the party ('the party leader') and must be at least 18 years of age at the time of booking. As the party leader, you guarantee that you have the authority to accept or not accept these booking conditions on behalf of your party. You will be responsible for making payments due, notifying us of changes or cancellations and for keeping your party informed.

A booking is only confirmed and a contract between us exist once the party leader has completed the online booking form, agreed to the conditions thereof and we have received either a deposit or full-payment. Please check confirmation of booking carefully and notify us of any inaccurate or incomplete information or any changes to the information you have provided to us.

Online Bookings

Bookings made online through our booking portal require you to pay in full at the time of booking. If you would prefer to pay just a deposit at the time of booking, please contact us direct and we can arrange everything for you.

If there is a specific date you would like that is not listed or would like a bespoke adventure, please use the 'Request a time' form on the booking portal, telephone or email us and discuss the possibilities.

Many of our adventures are private bookings automatically, others can be made private by ticking the 'Make session private for our party' box at the time of booking so long as you have the minimum number of participants (generally two adults).

If booking 14 days or less before the trip, please use the booking portal and pay the full fee at the time of booking.

Telephone Bookings

Booking over the telephone allows us to discuss your needs in more detail.

This is especially useful if there are any medical details that needs discussing or if you would like a bespoke adventure.

For solo travellers, it enables us, as far as is possible, to match guests to each other so that aims are similar across the group. With Coronavirus restrictions, this may not be possible and solo travellers may prefer to book a 1:1 day.

Payments

Whether you choose to pay over the telephone, via our online booking system or through an invoice, you can be reassured that your payment will be securely processed by Stripe. Payments made in person or over the telephone will be processed by WorldPay using their card terminal.

We are able to accept payments from American Express, our preferred card payment method, as well as most major credit and debit cards including MasterCard, Visa, Visa Electron and Maestro.

For payments made outside of our booking portal, bank transfer (BACS) is our preferred method as it is the most secure for you. Our bank details will be on your invoice.

All payments will be made in UK pounds sterling (£) irrespective of your country’s currency. If paying from outside the UK you may incur an additional fee or charge from your card provider for exchanging your local currency into our currency. Any additional charges or fees are your responsibility to pay.

A 'final balance' (if applicable) will be due the day before your adventure. It is your responsibility to ensure this is made in sufficient time for us to be able to identify your payment in our banking system.

Cancellation

If you need to cancel or amend your booking for any reason, please get in touch as soon as possible. The more notice you give us, the more likely it is that we will be able to refund you in full. We will do our best to accommodate your change of circumstances in the most amicable way possible with the following cancellation policies in mind:

Cancellation by you

From the time of booking you have seven full days to change your mind unless the booking was made 14 days (multi-day adventures) or 7 days (shorter adventures) or less prior to the start date of the trip (see 'Refunds' below).

After this seven-day cancellation period and up to 15 days (multi-day adventures) or 7 days (shorter adventures)before the trip takes place, we will seek to reschedule your booking to an alternative date, time or service. If this is not possible, we reserve the right to retain part of your monies if, in refunding you, it would mean the cancellation of a trip to the detriment of other clients or the trip running at a loss to us.

Cancellation by us

Where minimum numbers for our trips are required this will be made clear on our booking system at the time of booking. If you exceed the minimum number, you may be able to mark the trip as 'private'. Solo travellers can book on some adventures but we reserve the right to postpone, rearrange or cancel any where the minimum number (usually two) is not met.

It is inevitable that we will, at times, be affected by adverse weather. As a general rule, we will look to continue the same activity in a different location, change the activity to one appropriate for the conditions or cancel the trip. Generally rain and cold are not reasons we would cancel a trip and you should dress appropriately for the weather at the time.

Strong winds sometimes make it impossible to canoe or kayak safely and are factors beyond our control. In 'bad weather' circumstances where we cancel a trip on safety grounds, we will issue a full refund. While we will endeavour to contact you with a minimum of 12 hours notice, this is not always possible and cancellation on the day may be unavoidable. If you have any concerns as to whether your adventure will be running, you should contact us before travelling.

Similarly, if your guide is ill and unable to work, we will seek a replacement guide with suitable qualifications in the first instance. Where this is not possible, and it is rare to be able to do so at short notice in this area, we will contact you as soon as possible.

While such occurrences are rare, should we for any of the above reasons cancel a trip, you will receive a full refund of any monies paid to us by yourself in respect of the booking. As these circumstances (e.g. weather, wind, illness, etc.) are beyond our control, we will do our utmost to give as much notice as possible but we cannot be held liable for any expenses incurred by you beyond the money paid to Otter Adventures.

If you turn up for a trip under the influence of alcohol, drugs, etc. we will refuse to take you on the trip. This will result in you being liable for your fee, and possibly your full party's fees if you are the party leader.

Refunds

If you cancel within seven days of making a booking you will be eligible to receive back any monies paid to us unless the booking was made 14 days or less (for multi-day adventures) or 7 days (for shorter adventures) before the start date of the trip.

If rescheduling your adventure and carrying the payments forwards is not possible, then 25% of your full fee will be retained by Otter Adventures as it is highly unlikely we will be able to fill your place(s) at such short notice.

If we cancel a trip for any reason amounting to force majeure, you will receive a full refund of any monies paid to us by yourself in respect of the booking.

We advise you to have sufficient travel insurances in place to cover the duration of your trip. This should include travel, cancellation, accident and possessions insurance. We cannot be held liable for any expenses beyond the money paid by you to us.

Modifications to the above due to Coronavirus

We recognise that these are very uncertain times due to COVID-19 and have introduced some 'reasonable adjustments' to the above in case Government restrictions change and prevent you from travelling or us from operating.

We encourage you to contact us direct so we can book you in with a small deposit (multi-day adventures) or no deposit (half-day and full-day adventures). At this time, we prefer to issue you an invoice and ask that payments be made by bank transfer (BACS) where possible.

If you need to reschedule your adventure, any deposit paid at that time will be transferred to the new booking (subject to availability) or refunded in full.

Please also refer to our COVID-19 updates and operating procedures document.

Your Responsibilities

Before the trip

Please read the following in conjunction with our Privacy Policy as you will be providing us with personal information about yourself and your party and, as the party leader, will be signing on behalf of minors and possibly other adults.

Activities and tours such as those offered by Otter Adventures have an inherent element of risk and hazard about them and by entering into a contract with us you are acknowledging this as well as the governing body participation statements below. As a result of these hazards there is always a certain degree of on-trip flexibility and any itinerary stated on the website or in brochures is indicative only and not a guarantee that the specific route or location will be reached on that specific date.

Participation Statements

The Scottish Canoe Association recognise that canoeing (deemed to include all paddlesports) is an assumed risk water contact sport where you, the client, participate in the knowledge that, while there is an element of ‘risk’ to the activity that cannot be completely removed.

Similarly, the governing body for mountain activities, the MLT, recognise that mountaineering (to include all rock and mountain related activities through the year) are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions.

You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment with you unless stated as being provided in the trip details. If, in the opinion of the guide, your fitness or equipment may compromise the safety of a trip for yourself or any member of the party, we reserve the right to cancel or terminate your holiday. In such circumstances you will not be entitled to a refund or compensation.

Insurance

Otter Adventures cannot be held liable for damage or loss of any personal belongings or any injuries sustained by you or any of your party during the tour unless we can be proven to have been negligent in their delivery and operations.

While Otter Adventures holds all appropriate insurance policies that enable us to operate, we We strongly advise you to have adequate and valid insurance in place for the duration of your holiday and not just for the duration of your booking with us. This should include (without limitation) cover against the cost of cancellation by you. We also advise you to have sufficient cover in place for personal accident and injury as well as travel and accommodation arrangements.

We also recommend that you have suitable insurance to cover loss or damage to personal belongings, as we cannot be held responsible for any damage to your items during the trip except through negligence on our behalf.

Medical or Dietary Requirements

You have a responsibility to inform us of any medical or dietary needs you may have as appropriate to the activity or tour booked. This enables us to ensure our risk assessments are up to date, that we can prepare for a ‘worst case scenario’ and make modifications to the tour where necessary through dynamic risk assessments that take into account your medical or dietary needs.

Sharing this information with us helps us look after you during your adventure with us. This information will be treated confidentially, does not form part of any mailing list nor will it be passed on to any third parties.

Under 18’s

Any participant who has not yet reached his or her eighteenth birthday on the day of the adventure must be accompanied by their parent or legal guardian throughout the trip. Our accepted maximum ratio is one adult (parent or legal guardian) to two of his or her own children. Minimum ages for each trip do vary and are indicated on the relevant page on our website. If you are unsure, please contact us to discuss before booking.

During the trip

All our activities and trips are risk assessed and delivered within our operating procedures. Our guides will be qualified and experienced in the activities they are leading and in the environments they operate in and are capable of undertaking dynamic risk assessments based upon their training and experience.

During adventures weather conditions can change rapidly and minor incidents do sometimes occur which may necessitate our guides giving direct instructions for the safety of all concerned. By entering into a contract with us you, as party leader, agree to this and to ensuring that both you and your party follow these instructions to the best of your ability.

Our guides will do everything practicable to reduce the risk to a level that is acceptable to everyone in the group. If you are unhappy with the level of ‘adventure’ at any point, you have a duty to speak to the guide at the time and to report it to the Head Guide at the end of the trip or as soon as possible after. Remaining quiet will be interpreted as acceptance of the risk levels.

If there is a need to curtail a trip once it has started we reserve the right for our guides to do so at any point if they feel the safety of the group may be compromised by, for example, changes in weather conditions or if your behaviour puts other’s safety or enjoyment at risk.

In such circumstances the guide’s decision is final.

Once everyone is safe and the situation managed, you will have an opportunity to discuss your adventure with Karl, the owner, and agree an amicable outcome for both parties.

Alcohol, Drugs, Smoking, etc.

In line with governing body policies and our operating procedures, we do not advocate the consumption of alcohol or the taking of drugs leading up to or during any activity where there is a risk of personal injury or death.

Turning up to a trip under the influence of alcohol or drugs may result in us refusing to allow you to start the tour. If this happens you will be required to pay the full cost of the adventure.

If you wish to smoke cigarettes during a trip, please only do so when on land and when safe to do so. If you are unsure, please ask your guide who will be able to give specific information on the day. We also ask that you please remove any items of clothing or equipment belonging to Otter Adventures so that smoke or hot ash does not damage them. Please also be considerate towards any clients and staff who are not smokers their self and to also respect the natural environments by taking all rubbish home with you. Thank you.

Damage or Loss of Equipment

If any equipment were to be damaged through misuse or negligence by you (e.g. by cigarette burns), where it could be reasonably expected that you would know, or had been told what appropriate use is, we will require you to pay for the repair or replacement of the item(s) as deemed appropriate by us.

Photography / Video

During the trip photographs and/or video may be taken by us, you and other guests and may include you and your party in them. We will only use them for promoting our business in a variety of ways including, but not limited to, on our own website, social media channels, in printed promotional materials. We may, at times, provide photographs for third-parties to use in promoting our business alongside theirs. Please also refer to our Privacy Policy for full details.

If you do not wish to be photographed or videoed during your trip, or do not agree to them being used in the above ways, it is your responsibility to let us know in advance.

Dogs and Pets

Due to the nature of the activities, the terrain and weather, and the possibility of having mixed-party groups, we do not encourage clients or guides to bring any pet with them on trips.

If you feel having a pet is the only thing preventing you from participating in an adventure with us, please contact you by phone. We can explain under what conditions we will accept pets or can suggest potential arrangements for 'pet sitting' during a shorter adventure.

Accommodation Provision

Any accommodation provided as part of the contract will be detailed on the relevant experience page. Please ensure that your have read this and agree with the arrangements prior to making a booking.

Accommodation provided will normally be in twin or double rooms, huts, pods or tents. Sometimes communal accommodation in bothies is the only possibility. On some trips it may be possible to grant single occupancy at an additional cost. If it is, we will invoice you separately for this element of your trip. Please do not assume that you will be given single accommodation but make contact with us in good time to ask whether this option is available on your trip as in some accommodation it is not possible to offer single accommodation.

Where changes to the accommodation are made that substantially change the nature of the adventure, we will endeavour to contact you in advance to discuss this. We will endeavour to provide accommodation of an equivalent or better standard where possible. Our liabilities in this respect will be limited to the difference between the costs of the accommodation if it is not possible.

Lost Property

Property belonging to the client is at all times the responsibility of the client unless any loss or damage is due to any negligence by us. Any personal belongings left with us will be retained for approximately three months. Items not claimed within this time period will be disposed of in accordance with our ethos of reusing or recycling in order to reduce our impact upon the environment.

If you feel you have left personal possessions with us, please contact us and we will see if we can find it and get it back to you. We may ask you to cover reasonable postage costs in doing so.

Complaints Procedure

We are a small company that prides itself on providing personalised adventures. We take your safety and enjoyment seriously, but occasionally things do not go as well as we would expect.

If you feel there is an immediate need to speak to a guide regarding a safety issue during a trip, you must do so as soon as practicable.

You should speak with your guide once everyone is 'safe' and make arrangements to speak with Karl, the owner of Otter Adventures Ltd., as soon as possible. We will take your concerns seriously, investigate them and look to find an amicable outcome for all parties involved.

Should you feel the need to raise a concern about any aspect of our business, please make Karl the first point of contact, either by speaking to me in person or over the telephone. I find this is preferable to email where the exact message may be lost in the writing and responses can be delayed by hours or days.

If you are not happy with the outcome of this investigation and wish to make a formal complaint, you must do so in writing (email is acceptable) within 14 days of your trip finishing.

Our Liabilities & Compensation

Save in respect of any death or personal injury claim caused by our negligence, we do not accept liability for any damage, expense, injury or loss of any nature whatsoever suffered by you or any member of your party from any cause whatsoever. Save in respect of any death or personal injury claim caused by our negligence, our total liability under this contract will be limited to your adventure charge.

We will not be liable to you for any loss of profit, consequential loss or other indirect losses under the conditions of this contract.

We will not be liable for any temporary defect or malfunction of any equipment, service or machinery required for our adventures and cannot be held liable for any mishaps to yourself or your property, especially for the consequences of travel and accommodation arrangements outside of your contract with Otter Adventures, e.g. flight cancellation, accommodation overbooking, traffic accident, or other such events amounting to force majeure.

Otter Adventures Ltd. will accept liability for the negligence of its' employees that result in direct physical injury to its clients to the extent that is obliged under Scottish Law.

Otter Adventures and its' staff and employees are covered by public and products liability insurance up to a maximum of £5,000,000, and Professional Indemnity Insurance to a total of £100,000. These insurances are provided by the Activities Industry Mutual who only offer cover to well-managed activity providers who show a good understanding of risk management values and incorporate this into the daily running of their organisation.

Activity Industries Mutual logo

We shall not be liable for any damages caused by the total or partial failure of the trip if such failure is:

Where Otter Adventures are found to be liable, the maximum amount of such damages or compensation, including loss of enjoyment will be limited to the total cost you paid for the adventure. Any independent arrangements you make outside of the contracted trip with Otter Adventures (such as travel or accommodation) are entirely at your own risk.

Intellectual Property

Copyright and all other intellectual property rights in the services shown in our website and other literature shall remain our property at all times. Nothing contained herein shall be deemed to constitute, by implication or otherwise, the grant of any licence or other rights by us to the client.

Client Data

The personal information provided by the client at the time of booking plus any subsequent information is held by us in its original form and on our computer system. The client agrees that such information can be accessed by our authorised personnel for purposes relating to the client’s booking. Please refer to our Privacy Policy for more information on this.

Privacy Policy:

These Terms and Conditions should be read in conjunction with our Privacy Policy as this sets out the data we, or third-party agents, may collect about you, and how it may be processed and stored.

Changes to these conditions:

We reserve the right to make reasonable amendments or additions to these conditions without notice. This extends to the information provided on our booking platform, eola.co

Law:

All matters arising in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims) shall be construed in accordance with and governed for all purposes by the law of Scotland and subject to the exclusive jurisdiction of the Scottish Courts.

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