Johnbirchphoto is the trading name of John C Birch Ltd a company registered in England and Wales
Registered number: 07644582
Registered offices: The Old Dairy, North Stainmore, KIRKBY STEPHEN, Cumbria CA17 4EU
Last amended 23 May 2019
TERMS AND CONDITIONS
1. The following terms and conditions (“booking conditions”) form the basis of your contract with John C Birch Ltd. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them.
2. Except where otherwise stated, these booking conditions only apply to arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, “tutorial”, “workshop” or “arrangements” mean such workshop arrangements unless otherwise stated.
3. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires and “lead name” means the person who makes the booking. “We”, “us” and “our” means John C Birch Ltd trading as johnbirchphoto.
4. The Terms & Conditions below apply to all workshop bookings made with us.
5. We try to ensure that the information contained on our website and in our promotional material is accurate and up to date. However, location and supplier information can change and errors can unfortunately occur. We reserve the right to amend and/or give notice of any significant changes at the time of booking and recommend that you undertake a level of independent research or speak to one of our team should you wish to clarify any information.
6. The places we visit are renowned for their spectacular wildlife, but they are not zoos. By its very nature, wildlife is unpredictable and we cannot guarantee sightings of specific creatures or species. Furthermore, our ethical stance is such that we will do nothing that endangers or puts a wild animal at risk merely to obtain a photograph.
7. Again, by its very nature, wildlife can be dangerous to human beings and an attack could result in death or serious injury. When abroad you may use walkways, bridges, trails etc. that will carry extra risk to those in the UK. Ensure that you take extra care at all times to avoid any hidden obstacles that present themselves. These risks are undertaken solely at the your discretion.
8. Whilst every effort will be made to keep you safe by advising you on the most appropriate behaviour to avoid danger it is imperative that you follow the directions of the workshop leader or other professional guides at all times. Any specific instructions regarding getting on or off vehicles, boats or animals must be strictly adhered to. The Company accepts no liability where specific instructions have been ignored.
9. World weather is becoming more erratic and unpredictable and we cannot be held responsible for disruption to your workshop due to bad or unusual weather conditions.
Changes to Workshops
10. Whilst every effort is made to operate a workshop as advertised, on occasion it may be necessary to make changes to the routing or order of an itinerary.
11. Professional wildlife photographer John Birch intends to lead all workshops advertised by the company. However, on occasion it may be necessary to provide a suitably qualified replacement.
12. In the event that the workshop leader becomes ill or is injured whilst guiding a workshop, it may be necessary to continue in his or her absence. Although every effort will be made to find a replacement, the company will not be held financially liable for their absence. We will however remain responsible for the completion of the workshop.
Third Party Suppliers
13. Please bear in mind that third party providers occasionally supply facilities or transport services. The third party provider’s terms and conditions will also apply to your booking in addition to the relevant sections of our own conditions. These third party terms and conditions can be found on the provider’s website and we can also provide you with a copy at the time of booking or upon request.
14. It is the responsibility of clients to comply with any smoking regulations imposed by any of our suppliers.
General Health Requirements
15. Many of our workshops are not suitable for clients with disabilities or reduced mobility (including being confined to a wheelchair). Therefore, in the interest of safety and comfort for all members of the party, you must be fit enough to participate or alternatively you must have an able-bodied carer to assist you throughout the workshop. Please note that some of the featured itineraries may involve early starts and long days, with substantial travel between featured sites and destinations. Some workshops involve significant periods of off-road driving.
Your Commitment to Us
16. Unconfirmed bookings will be held for 14 days (at our discretion) or until payment of a deposit. When you wish to confirm a workshop booking you must pay the deposit advertised on the website. The deposit will only be refundable as set out in these booking conditions.
17. After your booking is taken and a deposit received, a confirmation invoice will be sent to you detailing the total cost due.
18. A booking will not be treated as confirmed until you have received a booking confirmation in writing or by email from us.
19. Full payment must be received no later than 90 days prior to the workshop. If we have not received full payment at least 90 days prior, we reserve the right to treat your booking as cancelled by you and forfeit your deposit by way of cancellation charges.
20. If you make a workshop booking within 90 days then you must pay the full cost of the workshop at the booking stage.
21. When you make a booking, the lead name confirms that you understand and have fully accepted these terms and conditions. We reserve the right in our absolute discretion to refuse to accept any booking without necessarily specifying a reason. We will therefore ask you at the time of booking to provide us with your first forename as well as your title and surname.
22. We accept various methods of payment.
Our Commitment to You
Provide the Workshop in Your Itinerary
23. We will arrange to provide you with the various services, which form part of the workshop you have booked with us. Before your booking is confirmed and a contract comes into existence, we reserve the right to increase or decrease, and correct errors in advertised prices and to change any of the information. Changes will be made known to you at the time of booking.
24. A booking is not accepted until we issue an invoice.
25. The date shown on the invoice is the date of booking. It is important to check the details on the invoice when you get it. If any details appear to be incorrect or incomplete, please contact us immediately as it may not be possible to make changes later. We regret we cannot accept any liability unless we are notified of any inaccuracy (for which we are responsible) in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Provide Accurate Information
26. We rigorously check the information on our website to ensure it is correct to the best of our ability. Advertised web copy descriptions and facilities may change before and after you book. Please check the up to date position at the time of booking.
27. Final details will be shown on your booking contract. Please bear in mind that itineraries may change as a result of local conditions.
28. Circumstances such as weather conditions, time of year or other situations beyond our control etc., may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
29. If you cut short your workshop and leave home early in circumstances where you have no reasonable cause for complaint about the services provided, we will not offer you any refund. Depending on the circumstances, your insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
Personal Belongings and Lost Items
30. For security reasons, unnecessary valuables should be kept to a minimum. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive insurance. If you lose any personal items whilst on the workshop, please obtain a written report from a local representative, or police, to help with any insurance claim upon your return.
31. If you have any medical condition or disability which may affect your workshop or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any significant change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your workshop develops after your booking has been confirmed.
32. Whilst we will try to guide your decision making, it remains your sole responsibility to take all appropriate medical advice as to whether or not you are fit enough to undertake the workshop booked. The Company shall not be liable for illness, injury or death sustained on a package sold by the Company, which is not due to our gross negligence or its officers or employees.
33. Please be aware that many of our workshops operate in remote areas and in the event of accident or emergency, medical assistance may be some time away. It is a condition of booking that you acknowledge and accept these risks.
34. We strongly recommend you have insurance cover and that it is adequate and suitable for your particular needs. If you fail to take out insurance and have to cancel your booking, you will still be charged in accordance with our normal terms and conditions. Please read your policy details carefully and take a copy of the policy with you on the workshop.
35. We will send your final itinerary by email approximately 10-14 days prior to the workshop.
36. If at any time during the booking process or whilst on the workshop you, or any member of your party has a complaint or believe there is a failure in the service that is being provided, you are obliged to bring it to the notice of the workshop guide at the earliest opportunity in order that prompt efforts can be made to find a solution.
Changes and Cancellations by You
Changes and Additions
37. We are a small company and will not levy unreasonable charges for changes and additions to a booking. Please contact us to discuss your needs and we will do our best to accommodate them at no extra charge.
38. If, however the change is significant and it is possible to make the change, it may be subject to an administration charge of £15 per booking, and payment of any further costs incurred as a result of the change.
39. If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason, we will agree to that person’s booking being transferred to another person (introduced by you) who satisfies all the conditions applicable to the workshop, subject to both persons accepting liability for full payment of the workshop cost and all costs and charges incurred by us and/or incurred or imposed by any of our suppliers in order to make the transfer. We must be given at least 14 days notice of the transfer request.
40. An administration charge may be made of £15 per person for requests made more than 90 days before departure and £25 for less notice.
41. If you request to change all names on a booking, this will be considered as a cancellation and new booking and full cancellation charges will apply.
Cancelling Your Workshop
42. If you or anyone on your booking decides to cancel the workshop, the lead name must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the lead name. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24-hours of the original notification.
43. A cancellation invoice will be sent to you within 7 days. If you do not receive this please contact us immediately in order to prevent an increase in charges. The following scale of charges will be payable depending on when the notification of cancellation is received. Amendment charges are not refundable in the event of cancellation. References to the deposit include all sums paid or payable at the time of booking.
Periods of Notice of Cancellation and Charges
44. All deposits paid are non-refundable.
45. Cancellations made more than 90 days prior to departure will only incur the loss of the deposit.
46. Cancellations more than 45 days prior to departure will incur the loss of 50% of the total amount payable.
47. Cancellations made less than 45 days prior to departure will incur the loss of the total amount payable.
48. We strongly recommend that you take out appropriate insurance which provides cover against loss of deposit or cancellation fees.
If We Have to Cancel Your Workshop
49. We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking.
50. We plan arrangements a long time in advance, sometimes using independent suppliers over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, occasionally, changes are significant.
51. Similarly, we do our best to avoid cancelling workshops but we must reserve the right to do so.
52. Please note, some of our workshops require a minimum number of participants to enable us to operate them. You will be told if this is the case. If so, and the minimum number of bookings required for a particular workshop has not been received, we are entitled to cancel it. We will notify you of cancellation for this reason no later than 90 days prior to the event. In this case, you will receive a full refund.
53. With the exception of "force majeure" as defined below, if we are forced to cancel your workshop for any other reason, you will receive a full refund.
54. Whatever the reason, we cannot accept any further liability for changes or cancellation.
55. If we have to make a significant change or cancel, we will tell you as soon as possible.
Changes Due to Circumstances Beyond Our Control
56. In these booking conditions, "force majeure" means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire and other situations which are outside our control.
57. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected or you otherwise suffer any damage, loss or expense of any nature as a result of "force majeure".
58. In the event of "force majeure" we retain the right, at our sole and absolute discretion, to cancel or vary the itinerary of any trip.
59. If the trip is cancelled due to "force majeure" we will notify you at the earliest opportunity and whilst we will endeavour to reimburse you where possible, this will be at our sole and absolute discretion.
60. If, having taken all reasonable and proper steps to investigate the situation, we decide to proceed with the workshop; any cancellation by you will be treated in accordance with Changes and Cancellations by You above.
Law and Jurisdiction
61. English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description.
Data Protection Policy
63. We do not retain details of credit or debit cards.
64. It may be necessary to share your personal data with our suppliers.
65. We will never disclose you personal data to a third party for marketing purposes.