What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Cairngorm Mountain (Scotland) Limited a company registered in Scotland. Our company registration number is SC614703 and our registered office is at An Lochran, 10 Inverness Campus, Inverness, IV2 5NA . Our registered VAT number is 310 8394.
How to contact us. You can contact us by telephoning our customer service team at +44 (0)1479 861261 or by writing to us at email@example.com.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
USE OF OUR SNOWSPORTS FACILITIES
All visitors taking part in a winter snowsports activity within the ski boundary area (as shown on the maps displayed at our premises and on our website at https://www.cairngormmountain.co.uk/snowsports/piste-map/) must be in possession of a valid ticket, whether a single or multiple day ticket or a season pass.
We reserve the right to close all or any of the lifts at any time, for any reason.
If you lose your ticket there will be an administration charge to replace it. Please return to the ticket office where you purchased the original ticket. Where possible, proof of purchase is required
Our facilities are used at the ticket holder’s own risk. We accept no responsibility for injury, loss or damage unless arising as a direct result of our negligence.
Your ticket must be carried with you at all times. Spot checks will be in place and you will be required to show your ticket upon request.
The ticket entitles the holder to use all applicable uplift and facilities subject to suitable snow conditions and individual ticket validity.
The ticket is sold subject to your compliance with the FIS code of conduct which can be found here http://www.fis-ski.com.
The ticket is sold on the understanding that the holder will undertake all activity respecting the European Conservation Site Boundaries as indicated on the piste maps displayed at our premises.
Failure to comply with any of these terms and conditions may result in forfeiture of the ticket.
IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)1479 861261 or write to us at firstname.lastname@example.org. Alternatively, please speak to one of our staff on site.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) for on premises orders will be as set out in our price list displayed at our premises. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 5.3 for what happens if we discover an error in the price of the product you order. We reserve the right to change prices and services at any time without notice.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
When you must pay and how you must pay. We accept payment by cash, credit card, cheque (with a valid bankers card), or debit card. We do not accept American Express. All products must be paid for at the point of order.
When will refunds be made? Refunds will only be considered when we make a decision to close all lifts and tows and thereby suspend access to the ski boundary area (“Closure”).
How will refunds be calculated? Refunds will be calculated using the number of hours that our facilities are unavailable as a proportion of the total normal operating hours for the day of Closure and applying that proportion to the price of your ticket.
What if you have a discounted ticket? If the ticket purchased has been discounted you will receive a refund in line with the terms and conditions of original price paid.
Return of tickets. Day and multiple day tickets are all flexible and can be used on any day throughout the season. If we do not open at all on any given day, or we open for snowsports and then close within three hours of first opening, customers who have activated their tickets for that day ie passed through an entry gate may take their tickets back to the ticket office either in person or by post where a full day will be put back onto their ticket or a refund paid, calculated in accordance with clause 5.6, if you will be unable to utilise the ticket on any future day. No refunds will be made unless we hold your returned ticket. Claims on multiple day tickets can only be made after all days on the ticket have been activated.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
to supply the products to you;
to process your payment for the products; and
if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Skiing tickets are not transferable and remain the property of Cairngorm Mountain (Scotland) Limited.
Cairngorm Mountain (Scotland) Ltd reserves the right to change prices and services at any time and without notification.
Cairngorm Mountain(Scotland) Ltd retains the right to close all or any of the lifts at any time, for any reason.
Cairngorm Mountain’s facilities are used at the ticket holder’s own risk .Cairngorm Mountain accepts no responsibility for injury, loss or damage unless as a direct result of its negligence.
The ticket entitles the holder to use all applicable uplift and facilities subject to suitable snow conditions and individual ticket validity.
The ticket is sold subject to the users compliance with the skiers international code of conduct.
The ticket is sold on the understanding that the holder will undertake all activity respecting the European Conservation Site Boundaries.
Failure to comply with any of the conditions may result in forfeiture of the ticket.
All visitors taking part in a winter snowsports activity within the ski boundary area must be in possession of a valid ticket.
Cairngorm Mountain accepts payment by cash, credit card, ), or debit card. We do not accept American Express.
Compensation will only be provided when CairnGorm Mountain makes a decision to close all lifts and tows and thereby suspend activity – ie is stormbound. If the ticket purchased has been discounted the customer will receive compensation in line with the terms and conditions of original price paid.
Day and multiple day tickets are all flexible and can be used on any day throughout the winter season so will NOT be compensated if Cairngorm Mountain does not open at all on any given day. In the event that Cairngorm Mountain opens for snowsports and then closes within three hours of first opening, customers who have activated their tickets for that day ie passed through an entry gate may take their tickets back to the ticket office where a full day will be put back onto their ticket. They must however return the ticket to the ticket office either in person or by post if they want this to be done. No compensation will be made without Cairngorm Mountain having the returned tickets. Claims on multiple day tickets can only be made after all days on the ticket have been activated.
If you purchased your ticket off-site you must return it to the off-site vendor for compensation and their terms and conditions of sale and refund (which may differ from Cairngorm Mountain’s) will apply.
If you lose your ticket there will be an administration charge to replace it. Please return to the ticket office where you purchased the original ticket. Where possible, proof of purchase is required.
Season Pass holders will also receive 20% off headline day tickets for friends and family (up to a maximum of 5) and there will be no discount available on already discounted tickets. Season Passes must be shown at the Ticket Office.
30% off snowsports day tickets at other Scottish ski resorts.
10% off catering and retail at Cairngorm Mountain (conditions apply).
Season Passes valid from the 1st of November 2018 – 31st October 2019. Please allow 7 days for us to produce and send out your pass.
The pass will be honored from the 1st November 2018 – 31st October 2019 which means that pass holders will be able to use their pass on the Funicular Railway outwith the snowsports operation.
The pass is non-transferable, and no refunds will be made. Anyone using or attempting to use somebody else’s pass will have the pass confiscated and it will not be returned to the owner.
Cairngorm Mountain (Scotland) Ltd accepts payment by all major debit/credit cards (excluding American Express). Those not filling out the application online will still need to bring a credit/debit card to the Ticket Office to purchase their ticket.
Cairngorm Mountain (Scotland) Ltd reserves the right to change prices and services at any time without notice.
Cairngorm Mountain (Scotland) Ltd retains the right to close all or any of the lifts at any time, for any reason. Snowsports members are reminded that lift operations can be affected by weather and snow conditions.
The Company’s facilities are used at the pass holder’s own risk. The Company accepts no responsibility for injury, loss or damage.
If a pass is lost during the winter season, there will be a £20 administration fee to produce a duplicate.
Your season pass must be carried with you at all times. Spot checks will be in place and season pass holders will be required to show their pass upon request.
The carriage of sports equipment unrelated to piste skiing or snowboarding is not permitted on the funicular.
The pass is sold subject to the user’s compliance with the skier’s international code of conduct.
The pass is sold on the understanding that the holder will undertake all activity respecting the European Conservation Site Boundaries.
Failure to comply with any of the above conditions will result in confiscation of the snowsports pass.
The category of pass applied for is related to your age on the date of purchase.
Please note that you have two choices for delivery. You can either collect your pass from the Ticket Office or pay an additional £0.75 to post out to the address provided.
“You” are the customer who by paying for the rental are bound by this rental agreement.
“Equipment” is all items you take from our hire department that Cairngorm Mountain (Scotland) Ltd is renting to you for the agreed duration of the rental agreement and will include all parts and accessories accompanying it at the commencement of the rental.
“Damage” is any damage occurring to the Equipment.
PREREQUISITES: WHAT DO YOU NEED IN ORDER TO RENT EQUIPMENT?
You must be over 16 years of age.
You must produce a valid credit card with an expiry date after the due return date of your Equipment.
Please note that Cairngorm Mountain (Scotland) Ltd accepts most major credit cards. As certain credit card companies may not be acceptable e.g. Amex, it is advisable to verify this in advance. Credit cards are accepted to the limits authorised by the credit card company.
In some special circumstances equipment may be rented against cash or cheque payment.
It is your responsibility to consider weather conditions before booking.
Please note snow sportis a hazardous sport and by proceeding with this booking you are accepting this risk.
Cairngorm Mountain (Scotland) Ltd requires at least 48 hours notice if you wish to cancel or change your booking.
If the mountain is closed due to adverse weather conditions or other reasons out with our control, Cairngorm Mountain (Scotland) Ltd will change your hire to another mutually agreed date.
Cairngorm Mountain (Scotland) Ltd will not be obliged to refund any hire once given out unless the mountain closes.
If the mountain closes and you have skied/boarded for 3 hours or more, Cairngorm Mountain (Scotland) Ltd are not obliged to make any refund to you. If you have skied under the 3 hour period you are entitled to transfer to another mutually agreed date, as above.
THE EQUIPMENT: CONDITION, USE AND TECHNICAL PROBLEMS
Condition of the Equipment.
Before leaving the hire area, we require you to check the condition of the Equipment. Where a defect is found which has not already been highlighted, you must immediately inform the Ski Hire representative in order to proceed with a joint-examination of the Equipment.
You will return the Equipment in the same condition as it was provided at the start of the rental, fair wear and tear excepted.
Without prejudice to any of our rights under clause 5.4.1, you are responsible for any repair or refurbishment costs arising out of any careless, reckless or negligent use of the Equipment by you or any third party during the period of your hire, and these will be added to the cost of the rental.
Use of the Equipment.
The Equipment must not be used by anyone other than the person it has been issued to.
You undertake to use the Equipment in a responsible manner and in particular, only for the purposes for which it is intended. The intended purposes are for on piste snow sports only.
Maintenance / Technical Problems
The Equipment should be provided to you in good condition and fit for normal use. If it is not, or if it becomes unfit for normal use during the rental for any reason, you must return it to the Hire department immediately.
Cairngorm Mountain (Scotland) Ltd will have the choice between replacing the Equipment or issuing you with a refund commensurate with the remaining time on your hire.
5.1 Principle and Calculation
You undertake to return the Equipment to Cairngorm Mountain (Scotland) Ltd at the agreed place, on the date and at the time indicated on the rental agreement.
The rental duration is calculated on a daily basis.
5.2 Extension of the Original Duration of the Rental
Should you wish to keep the Equipment for a period longer than that originally set out in the rental agreement, you must first contact the Hire dept. Cairngorm Mountain (Scotland) Ltd makes no guarantee that the rental duration can be extended beyond what is stipulated in the rental agreement.
5.3 Delivery and Collection Terms
You must return the Equipment immediately if Cairngorm Mountain (Scotland) Ltd asks you to do so. Cairngorm Mountain (Scotland) Ltd may repossess any Equipment without notice or liability where Cairngorm Mountain (Scotland) Ltd deems that such repossession is necessary.
5.4 End of Rental
The end of the rental is defined by the return of the Equipment to the Ski Hire department – this should be during the displayed opening times.
Late return of equipment will result in additional charges for each day after the return date. These charges will be in line with the applicable hire price list from time to time.
In exceptional circumstances such as when the mountain is inaccessible due to adverse weather conditions, equipment should be taken to a designated place which will be notified on the website.
5.4.1 In the event of confiscation, theft or accident
In the event of theft or confiscation of the Equipment by any third party, you must inform Cairngorm Mountain (Scotland) Ltd in writing as soon as possible by completing an incident report form which will be given at your request.
Cairngorm Mountain (Scotland) Ltd will then be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss) to the Equipment.
Cairngorm Mountain (Scotland) Ltd reserves the right to terminate the rental agreement as soon as Cairngorm Mountain (Scotland) Ltd is informed of such action by the appropriate authorities or by you.
Any use of the Equipment which may be detrimental to Cairngorm Mountain (Scotland) Ltd will entitle Cairngorm Mountain (Scotland) Ltd to automatically terminate the rental agreement with immediate effect. You will then return the Equipment immediately or as soon as Cairngorm Mountain (Scotland) Ltd so requests.
In the event of theft of the Equipment, the rental agreement will be terminated as soon as Cairngorm Mountain (Scotland) Ltd has received a copy of the theft declaration made by you to the police authorities.
RATES / TERMS OF PAYMENT
The total charges for each rental will be determined according to the price list applicable at the time of rental.
6.2 Terms of Payment
All hire payments are made in full at the time of booking Equipment, in sterling.
Any and all costs and expenses incurred by us which arise out of the matters listed in clauses 4.1 or 5.4.1 (or both) shall be deducted from your credit card.
DATA PROTECTION LAW
Please note that in the course of the performance of the booking as well as the rental process, Cairngorm Mountain (Scotland) Ltd will collect and process personal data relating to you. The type of information Cairngorm Mountain (Scotland) Ltd will collect from you includes (but is not necessarily limited to) your name, address, weight, height, shoe size, and skiing/boarding ability. It is mandatory to provide all the information requested; in the absence of such information, Cairngorm Mountain (Scotland) Ltd will not be able to correctly ensure the booking and/or the rental.
Under the Data Protection Act 1998, you have the right to access personal data relating to you which is collected and processed by us.
Cairngorm Mountain (Scotland) Ltd may charge a statutory £10 administration fee in respect of processing any such request by you to access your personal data.