Terms

INTRODUCTION

1. INTERPRETATIONS

1.1 Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.

1.2 Reference to any statutory provisions in this Agreement shall include any statutory provision that amends or replaces it.

1.3 This agreement incorporates by reference this terms and conditions agreement regarding your use of our Website and our Adventures services, our cookies policy and our privacy policy.

2. TERMS OF ACCEPTANCE

2.1 These terms & conditions set out the terms between you, the Fellpack Ltd Member, and us, Fellpack Ltd and owner of the website, fellpack.co.uk.

2.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.

2.3 You must be a minimum age of 18 to register and make use of this website and any service contained within. By registering and using the website you warrant that you are 18 or older and understand your obligations under these terms & conditions.

2.4 You should not use this website if you do not accept with these terms & conditions in full.

3. OUTLINE OF AGREEMENT

3.1 You provide the necessary information about you for the sole purpose of purchasing and arranging delivery of the items you have purchased from our online shop.

3.2 Our website is dedicated to providing information and booking facilities for our restaurants, a secure platform for customers to purchase items from our online shop and information about our adventure activities.

CONTENT

4. OWNERSHIP AND RESPONSIBILITIES

4.1 You retain all ownership rights to content provided by you.

4.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.

4.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties. This allows us to place your content on the appropriate site facilities and let all users, whether registered or not to view your content. It also allows us to compress or alter the size of any files you may post to ensure that they can be readily displayed for other users.

4.4 This license is royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on any facility or on any specific content pages.

4.5 We are not responsible for the accuracy of any content, nor any advertisements or third party website links placed by you or any other users. Any link posted does not imply an endorsement of a third party website by us.

4.6 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

4.7 Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.

4.8 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.

4.9 You are solely responsible for all information that you submit to Fellpack Ltd and any consequences that may result from your posts and pages.

4.9 This license also applies worldwide because the website can be accessed from anywhere in the world, at any time.

5. INTELLECTUAL PROPERTY RIGHTS FOR BUSINESS RELATED CONTENT

5.1 Each party grants to the other for the term of this Agreement a non-exclusive, revocable, royalty-free license to use its Business Related Content, name, logos, trade marks, trade names and devices (“Intellectual Property”) subject to the restrictions noted in the relevant clauses herein and in any promotional and marketing material issued by either party in a manner approved by the party whose Intellectual Property is to be used, such approval not to be unreasonably withheld or delayed.

5.2 Both parties warrant that they have the right to grant or permit the other party to use the logos, trademarks, trade names and devices to the extent required to fulfil the terms of this Agreement.

5.3 Neither party shall make any claim to the other party’s Content, Products or Services during or after the expiry of this Agreement.

5.4 Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.

5.5 Neither party shall register or cause to be registered any company name which is materially similar to that of the other party.

5.6 On the expiry of this Agreement all licenses referred to in this shall expire and the parties agree to immediately cease use of the Intellectual Property of the other.

6. CONTENT – MONITORING AND ACCESS

6.1 We shall not assume any responsibility for auditing or monitoring any user generated content. If at any time we decide to monitor a facility on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users.

6.2 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.

7. COPYRIGHT

7.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

7.2 Where notified of such breaches by the owner of such content we will remove the content as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

7.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

8. GENERAL CONTENT SPECIFICATIONS

8.1 You agree not to do any of the following:
a) Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
b) Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
c) Use or harvest data provided by other users in a way that they would object to.
d) Use data provided by other users for purposes other than contacting them via the website.
e) Contact other users in ways they may find inappropriate.
f) Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
g) Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
h) To pose as another user, third party or organisation or Fellpack Ltd employee for the purposes of obtaining user or third party information.
i) To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
j) Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
k) Reframe or repurpose any facility or content on it or remove or obscure any notices or advertising provided by us.
l) Load or provide access to content or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
m) Make commercial posts or comment spam or attempt to disguise such spam as content.
n) Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
o) Use any robot, spider, scraper or other technical means to access the facilities or content within.

8.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.

8.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.

ADVENTURES

The following booking conditions, general information and any supplementary information we may provide to you, form the basis of your contract with Fellpack. Fellpack Limited accepts bookings directly from persons aged 18 years or over. The person booking will be considered the “lead booker”. All bookings are made with Fellpack Limited, registered at 21 Main Street, Keswick, United Kingdom, CA12 5BL.

9. Services

Fellpack Limited acts as a supplier of the services in the Adventure itinerary. Some of the services provided within that itinerary are from third party suppliers, including accommodation, transportation and guiding. In the event of any unforeseen circumstances, accident or event due to the actions of a third party, Fellpack Limited will not be held liable.

9.1 Insurance

Fellpack Limited has full public liability insurance. We’d recommend you consider whether you’d like to take out your own insurance to covers you for the activities you’ll be undertaking on a given Adventure.

9.2 Cancellation (by you)

• Straight after booking: You’ll have 48 hours immediately after booking if you decide to change your mind; during this time you can cancel your booking and receive a full refund.
• Up until 31 days before departure: After 48 hours up until 31 days before the date of your Adventure, you can change to an alternative adventure free of charge (subject to availability). If you want to cancel completely, or in the case that we don’t have space to rebook you on an alternative Adventure, we’ll charge you 25% of the cost of your Adventure.
• 30 days or less before departure: we’ll have to charge you the full cost of your Adventure. By this point, we’ll have incurred a large proportion of the cost associated with your trip, and we can’t guarantee we’ll be able to fill your place.

9.3 Cancellation (by Fellpack)

We plan that all Adventures listed on this website will go ahead, however we may need to reach a minimum number of attendees in order to make a certain Adventure viable (and fun!). In the case that we need to cancel an Adventure because we don’t have enough people registered, we’ll contact you to let you know no later than 14 days before to your arrival date.

In the first instance, we’ll try to rearrange your place on an alternative Adventure. If this isn’t possible, we’ll refund your Adventure. In light of this, we’d recommend that you don’t book anything additional (like transport) that isn’t transferable or refundable.

9.4 Changes to your Adventure itinerary

Holidays of this type require flexibility. Weather and other things may require us to change some arrangements, so the itinerary should be taken as a guide and not a contractual obligation. If we do need to make any changes to the advertised activities, we’ll do our best to ensure that the alternative is within the same spirit of the original. Sometimes conditions will require us to make changes on the day, which will be done in line with the views of our team and expert guides.

9.5 Accommodation

As standard, all our adventurers will be sharing a room. If you’re booking as a couple, you’ll be able to specify a preference for a double room. We’ll do our very best to accommodate you in the type of room you ask for, but if we can’t we’ll let you know. If you’ve paid for a single occupancy supplement and we’re not able to provide that, we’ll refund the cost of the supplement. We may, at times, need to accommodate you somewhere different to advertised. If this is the case, we’ll make sure you’re staying in nearby accommodation that’s of an equivalent standard.

9.6 Suitability and risks

It is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to complete the Adventure. If you have any medical conditions, allergies or special dietary requirements you must inform us – ideally at the time of booking. We’ll treat this information confidentially, but we may need to ask you to provide further information from a medical professional to confirm that you’re able to undertake the relevant activities. We will endeavour to pass on any dietary or special requests to our suppliers but cannot guarantee that they will be able to meet your request.

Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure and activity holidays and that you undertake the holiday and activities of your own free will. By booking the adventure you acknowledge that Fellpack Limited is not liable for any injury, loss, death or damage arising from your participation.

If you decide that you are unable to continue the Adventure you will be responsible for making your own alternative arrangements at your own expense.

MEMBERSHIP

11. GENERAL RESPONSIBILITIES

11.1 It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate.

11.2 You are responsible for maintaining your own username and password, where required to access your account. You should ensure that you store your username and password securely and that the details required to access your account are not provided to another party.

11.3 You are responsible for your 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.

11.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended, by the manufacturer, for use or consumption by children.

12. MEMBERSHIP TERMINATION

12.1 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse, notice or explanation to you where we solely deem it appropriate or necessary. Various clauses within these Terms & Conditions are designed to survive and continue after termination.

12.2 As a member you can choose to terminate your account at any time.

13. LOSS OR DETERIORATION OF SERVICE

13.1 We take all reasonable steps to ensure that all facilities are available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our file servers or where facilities are unavailable for any other reason, whether within or outside our direct control.

13.2 In the event of system failure, loss of access or deterioration in service the defaulting party shall take all reasonable steps to restore or rectify the service. The non-defaulting party shall not be entitled to any form of compensation, however the defaulting party shall within a reasonable period of time report to the non-defaulting party the cause of the loss or deterioration in service.

14. CONFIDENTIALITY

14.1 Both parties shall keep confidential the specific terms of this Agreement and not disclose them save to such employees or contractors as need to know the relevant information for the purposes of performing this Agreement.

14.2 The parties agree that all information marked “Confidential”, or where not marked it is reasonable to judge such information as confidential, shall not be disclosed for a period of 2 years after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of England.

14.3 The parties further agree that all information marked as a “Trade Secret” and reasonably judged to constitute a trade secret shall not be disclosed at any time during or after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of England.

14.4 Confidential information and Trade Secrets shall consist of, but not necessarily be limited to: technical, commercial, financial, operational, marketing or promotional information or data.

PURCHASES

15. OWNERSHIP OF RESPONSIBILITIES

15.1 Where a product is purchased by you, the buyer, Fellpack Ltd assumes all responsibilities. These terms are outlined below.

15.2 During the online transaction process, Fellpack Ltd will ensure clear instructions and support to you, the buyer, in all matters relating to the purchase and delivery of goods from the website.

16. PRODUCT PRICING AND TITLE

16.1 We will make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.

16.2 We reserve the right to alter all product pricing without notice.

16.3 Title of any products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

17. YOUR ORDER

17.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us, to purchase the goods specified in the order.

17.2 Your offer is only accepted by us once we have emailed you to confirm the purchase of your order.

17.3 Once a confirmation email has been sent to you a follow up email will also be sent including delivery details.

17.4 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 or where there is a clear conflict of interest.

17.5 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. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

18. SHIPPING AND CUSTOMS DUTY

18.1 All orders received by us are shipped subject to availability.

18.2 We reserve the right to ship products at a later date where the product ordered is not in stock at the time of purchase.

18.3 We cannot be held responsible for lost, damaged or stolen products in transit. In this instance you would seek compensation from the shipping company.

18.4 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or a full refund.

18.5 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

19. CANCELLATION RIGHTS, RETURNS AND REFUNDS

19.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the date of your transaction.

19.2 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have received the goods and the return period has ended.

19.3 Please observe the following procedure for all returns to us:

19.3.1 On the back of your receipt or on another piece of paper, (if you no longer have your receipt), include your order number and the reason for the return.

19.4 You are responsible for paying any postage or shipping costs incurred when returning the product.

19.5 We recommend that all returns be sent by registered post, so that a record of the return is available for you.

19.6 We will not issue refunds for any items lost or stolen in transit to us.

19.7 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.

19.8 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.

20. CUSTOMER COMPLAINTS

20.1 We endeavour to respond to all customer complaints or queries within five working days.

21. FAULTY PRODUCTS

20.1 Where you experience a fault with a product it can be returned to us subject to our returns policy above.

22. EVENTS OUTSIDE OUR CONTROL

22.1 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.

INTERACTIONS

23. RESPONSIBILITIES

23.1 You are solely responsible for your interactions with other members of our services.

23.2 Fellpack Ltd is not party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organisation.

23.3 We reserve the right, but have no obligation, to monitor interactions between you and other members of our services.

24. IDENTITY VERIFICATION

24.1 We cannot and do not confirm each member’s identity. Although we offer safety tips, you are solely responsible for determining the identity and suitability of others with whom you may interact through our services. Fellpack Ltd does not represent or warrant that our guidelines and advice are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the services.

25. STORAGE

25.1 Please be aware that we do not store messages on our database indefinitely. We therefore reserve the right to permanently delete messages, without bias or filtering, after a period of six months from post date.

GENERAL

30. DATA PROTECTION

30.1 Both parties shall be registered under and/or observe the Data Protection Act relevant to them, (1984 or 1998 Act) according to when each party first registered and both parties further confirm that they will not rent or sell customer lists and / or contact details without the customer’s express prior approval. Either party may treat a breach of this clause as a reason for termination of this Agreement in accordance Immediate Termination clause of this Agreement.

31. LIMITATION OF LIABILITY

31.1 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

31.2 Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.

31.3 You agree to indemnify Fellpack Ltd against any claims, damages, losses, costs and expenses which Fellpack Ltd may sustain or incur in relation to any Content, Products or Services which you provide, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.

31.4 Fellpack Ltd agrees to indemnify you, the business member, against any claims, damages, losses, costs and expenses which you may sustain or incur in relation to any Content, Products or Services Fellpack Ltd provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.

32. ASSIGNMENT

32.1 Neither party may assign or otherwise transfer this Agreement or any rights, duties and obligations hereunder without the prior consent in writing of the other party.

33. JOINT VENTURE OR PARTNERSHIP

33.1 Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.

34. PRIVACY

34.1 We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.

35. RELEASE

35.1 If you have a dispute with one or more Fellpack Ltd users, you release us (and our officers, directors, members, agents, subsidiaries, joint ventures, affiliates and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. If you are a California, USA resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

36. GENERAL

36.1 Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.

36.2 It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement 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.

36.3 No addition to or modification of any clause in this Agreement shall be binding on the parties unless made in writing and signed by the signatories to this Agreement or their duly authorised representatives.

36.4 This Agreement sets out the entire Agreement and understanding of the parties and is in substitution of any previous written or oral agreements between the parties.

37. JURISDICTION

37.1 This Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

38. CONTACT

38.1 If for any reason you feel that your private information is not secure, you wish to raise a complaint or you have any questions regarding these Terms please contact us by email in the first instance at [email protected]. Fellpack is a limited company registered in England and Wales: 10758102. Our registered address is 21 Main Street, Keswick CA12 5BL, United Kingdom.