Terms & Conditions

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Arc Guiding’s Terms and Conditions can be found on this page. Links to further information are provided at the end (updated 8/11/25).

Contents

Introduction

  1. ‘Arc Guiding’ is the public trading name of Malcolm O’Reilly (MO, Sole Trader).
  2. Malcolm O’Reilly provides guiding services for members of the general public.
  3. Malcolm O’Reilly occassionally provides contracted guiding for ‘Freelance employers’ ie: other activity providers.
Book activities

General Public

General

  1. Enquiries and provisional bookings can be made online via https://arcguiding.com/ , in person, over the phone or by email, post or social media.
  2. Enquiries are welcomed regardless of age, sex, medical history and ethnicity.
  3. Whilst every reasonable effort will be made to accommodate clients’ needs, MO reserves the right to decline a booking or alter or cancel an agreed itinerary for operational reasons or to fulfil his duty of care to clients. Where this is the case, an explanation will be provided and alternatives or refunds will be given as appropriate.
  4. Submission of an enquiry is not a confirmed booking.
  5. Following an enquiry or a provisional booking, MO will reconfirm this booking directly with the client by post, phone or email, subject to availability, weather, etc.
  6. The activity will only go ahead when a 50% non refundable deposit, or full payment is received.

Booking and Cancellation

Payment

  1. By cash, cheque, direct bank transfer or card payment (for which details will be provided).
  2. Terms are 30 days from clients receipt of their invoice, or the date of the booked activity, whichever is sooner.

Group sizes

  1. Client to guide ratios will be followed with respect to Arc Guiding’s written and dynamic risk assessments. This applies to both private and public bookings, the details of which are available on request.

Alterations

  1. Alterations by MO will be notified as soon as reasonably practicable and will be made in writing wherever possible.
  2. Alterations by the client are required to be notified as soon as reasonably practicable and made in writing wherever possible.
  3. Refunds or additional fees may result from alterations. These will be handled on a case-by-case basis.
  4. Reasonable changes requested by the client will be accommodated wherever practicable, but this may not always by possible.
  5. If an alteration cannot be agreed between MO and the client, the client and MO both have the right to cancel the booking. Refunds will be handled based on the refund policy below.

Cancellation and Refunds

  1. General
    • British weather is well known for being changeable, with sometimes unforecasted effects on the mountains/sea/freshwater.
    • ‘Less than ideal’ conditions in and of themselves are not grounds for cancellation of activities by Arc Guiding.
    • Arc Guiding can provide supplementary evidence to assist in clients travel insurance claims.
  2. Cancellation/changes by Arc Guiding.
    • If Arc Guiding judges that an agreed activity must be cancelled for any reason, then an alternative venue/activity/date will always be considered.
    • Arc Guiding will endeavor to provide as much notice as possible of booking changes.
    • Unforseen circumstances may attract additional fees (eg: transport, hire, admission). In this case, Arc Guiding may require clients to pay a contribution in whole or part. Where neither of these are possible, the activity may be cancelled and a whole or part refund offered at the discretion of Arc Guiding.
    • Activities cancelled by Arc Guiding will be refunded in whole or in part at the discretion of Arc Guiding (for example, to reflect costs already incurred).
    • Arc Guiding will constantly monitor the suitability of the weather/conditions/location for the activity and the clients and Arc Guiding’s decision on whether to continue or not will be final.
  3. Cancellation by clients.
    • ‘No shows’ (where a client fails to arrive for an activity with or without notice) are considered by Arc Guiding to be the clients responsibility and will attract no refunds under any circumstances.
    • Cancellation by the client over 2 or more months before the activity date: eligible for a full refund by Arc Guiding.
    • Cancellation by the client under 2 months before the activity date: not eligible for a refund in any circumstances by Arc Guiding.
    • Arc Guiding may require evidence from the client to support client cancellation (eg: doctors note).
    • Client refunds may attract a reasonable deduction to reflect costs incurred by Arc Guiding (eg: for itineray planning, recces, etc).

Insurance

  1. Arc Guiding strongly recommends clients having their own travel insurance in case of cancellation or curtailment due to unforeseen circumstances.
  2. MO will hold appropriate Public & Products Liability insurance for the activities offered (for which details are available on request).

Health and Safety

Acceptance of Risk

  1. Clients are encouraged to read and agree with the BMC participation statement  (1).

Every effort will be taken to maximise clients’ comfort and safety during their activity. However, it should be noted that all outdoor and adventure activities, by their very nature, involve an element of risk of injury or death. Appropriate training, procedures and equipment will be used to minimise these risks, but they cannot ever all be fully eliminated. You recognise that you are participating of your own free will and you are encouraged to familiarise yourself with the risks involved.

Medical and Mobility

  1. At booking, clients will be asked to disclose confidentially any medical or mobility conditions that may affect them or others during the activity. Wherever possible, activities will be tailored to take these into account.
  2. The client is responsible for disclosing relevant medical needs accurately and providing the medication needed on a day-to-day basis. Failure to do so will reduce the liability of MO in the event of a related injury or illness and may adversely impact any subsequent insurance claims.
  3. Where the booking includes a child, the accompanying guardian has full responsibility for disclosing the childs relevant medical information.
  4. On the date of your activity commencing, you will have the opportunity to reconfirm your current medical/mobility needs.  

COVID-19

  1. Services provided by MO will adhere to Scottish Government recommendations and advice in place at the time.
  2. A booking may be cancelled at short notice if:
    1. a guest would have to break local lockdown restrictions in order to visit, or
    2. MO would break local lockdown restrictions by fulfilling the booking. In both cases, refunds or rescheduling will be offered as appropriate.
  3. Guests are required to provide their own facemask and hand gel and to follow current Scottish Government COVID19 protocols (including social distancing, Track and Trace and facemask use).
  4. All reasonable steps will be taken to reduce risk of transmission of Covid19 between guests, MO and the public.
  5. Covid19 recommendations made by Adventure NGBs (National Governing Bodies) will be implemented where appropriate.
  6. Activities will be curtailed or stopped if the risk of transmission of Covid19 is judged to be unacceptably high, for any reason. Refunds will be handled on a case-by-case basis.
  7. Various measures may be put in place to comply with government restrictions. These may include:
    1. Requiring photo ID stating clients permanent address (eg: passport, driving license).
    2. Social distancing measures
    3. Restrictions on transport and group size and composition.
    4. Limited physical support (except in emergencies).
    5. Sanitising of equipment.
    6. Requirement to wear facemasks or gloves.
    7. Restrictions on routes and activities to minimise burden on local resources.
  8. Failure of clients to adhere to restrictions may lead to their booking being cancelled without notice and without refunds.
  9. Via the booking form, clients will be screened for their possible exposure to, or symptoms of COVID19. A booking will be declined, or rescheduled, if the client is believed to present a risk of transmission of COVID19.
  10. See the COVID-19 and Arc Guiding page for more details.

Leadership and Duty of Care

  1. All activities will be conducted within the remit of the National Governing Body Awards held by MO.
  2. Details of weather, terrain, route and activity will be communicated accurately by MO prior to and during the activity. You will also be required to use suitable clothing and equipment (and advised beforehand).

Personal Responsibility

  1. You are entitled to withdraw from any activity at any time.
  2. If you want to withdraw from an activity, please discuss your concerns with MO. Risk is a very complex issue and can be handled in a variety of different ways. The best approach is often to discuss your concerns early and openly.
  3. Guests have a duty of care for their own comfort and safety, as does MO for them.
  4. Guests are required to take responsibility for their own actions, especially where they may affect the safety or enjoyment of others.
  5. Mobile phones must be used responsibly during activities and not reduce safety or enjoyment of other guests.
  6. Guests agree to follow the instructions given by MO during the activity.
  7. Serious or repeated failure to follow instructions may lead to removal from that activity. In that case, booking fees will not be reimbursed and the individual will become liable for costs arising from removal from the activity (at the discretion of MO).

Booking for under 18s

  1. It is recommended that those wanting to bring under 18s consider a private booking.
  2. Under 18s must be accompanied by their parents / guardians throughout their activity. This is a legal requirement under the Adventure Activities Licensing Regulations (2004).
  3. Wherever possible, activities will be tailored to meet the needs of young people.
  4. Some itineraries and activities are unsuitable for young children. Advice can be given at time of booking.

Protection of Children and Vulnerable Adults

  1. MO undertakes to follow national guidelines for the protection of children and vulnerable adults (2).

Scottish Outdoor Access Code

  1. All activities will be conducted in accordance with the Scottish Outdoor Access Code (3).
  2. If an activity must be altered to comply with ‘responsible access ’, then the decision of MO will be final.
  3. While clients are being led by Arc Guiding, they are legally required to comply with the Scottish Outdoor Access Code (e.g.: regarding litter and disturbance).

Smoking

  1. Smoking is not permitted in any vehicle used by Arc Guiding during the activity.
  2. Although the outdoor environment does not constitute an ‘enclosed public place’, it is a workplace and as such, smokers are requested to smoke away from staff and clients.
  3. Smokers are reminded of the frequent risks of forest and heath fires and also of the requirements not to drop litter.

Transport

Some of these details have been altered. See the COVID 19 section.

  1. Except where stated, transport is complementary and not factored into the course fee.
  2. Group sizes up to four people may be driven by MO via MPV car.
  3. Groups up to 7 may be driven by MO in a hired vehicle of similar standard, reflected in the fee.
  4. Groups of 8 and above should contact MO to discuss arrangements.
  5. Clients may choose to drive their own vehicle, but no refunds will be made where the fee includes transport.

Equipment

  1. Where Arc Guiding supplies equipment for clients use, it will meet all relevant safety standards and be fit for purpose.
  2. Arc Guiding reserves the right to charge clients for the hire of such items, or for replacement or repair due to neglect or abuse.
  3. Where client’s own equipment or clothing is not suitable (for example, mountaineering days), Arc Guiding may require the client to use, hire or buy another item for the activity to continue. Advice will be given at time of booking.
  4. Where clients hire equipment from an external provider, they enter into their own contract with that provider. MO will have no responsibility for refunds, exchanges or damages, etc.

Advertising and Data

Advertising

  1. Text and images used in advertising are used for illustration. The exact details of the activity may vary.
  2. Weather and wildlife sightings cannot be guaranteed. However, every reasonable effort will be made to provide an excellent experience.

Data protection and Photo/Video consent

  1. All information submitted by you will be treated according to Data Protection principles as stated by the ICO (4) . Uses include monitoring of risk, marketing and detection of crime.
  2. Arc Guiding would like to send you updates in future, or request feedback from you, in order to improve the service. You have the option to choose how to be contacted, or not at all.
  3. Photographs/video taken by Arc Guiding during your activity remain the property of Arc Guiding. These may be responsibly used for all advertising, including on social media sites. Before your activity, you will have the opportunity to confirm or decline your permission to appear in photos/videos identifying you and your choice will be respected.
  4. When recording their own photos/video during an activity, clients are requested to exercise respect for others and sound judgement with regard to the Wildlife and Countryside Act (5)  (MO will be able to advise).  

Other Organisations

  1. Occasionally, another company may be employed as part of the itinerary (e.g: boat operator, accommodation provider, hire company, etc).  Arc Guiding will endeavour to select companies of a suitable standard, however, the availability and standard of their products and services are beyond Arc Guiding’s control. Clients are liable for damages to or loss of associated property caused by themselves.
  2. Where payments must be made to another company (e.g.: hire, tickets, etc.), the client will be made fully aware in advance of their liabilities (if any) wherever possible.
  3. Clients must follow the instructions given by relevant authorities and service providers.
  4. Where a client has opted to make a separate payment to an external company, they have entered into a contract with that company for their services.

Dogs

  1. Clients wishing to bring a dog(s) are welcome on suitable private bookings, at the discretion of MO.
  2. Clients may be required to supply their own transport and must remain in proper control of the animal(s) at all times (this may require the use of a lead).
  3. Activity may be tailored to avoid disturbance to wildlife.
  4. Clients will be responsible for disposing of their dogs waste responsibly. This may involve burying or carrying out (advice will be given).

Freelance employers

  1. When employed in a freelance basis, Malcolm O’Reilly will instead be bound by the contract and terms and conditions of that employer.

References

  1. BMC Risk and Safety article
  2. Scottish Government advice for Child Protection
  3. Scottish Outdoor Access Code
  4. ICO Data Protection advice
  5. DEFRA Nature Conservation legislation
  6. Scottish Government Covid19 information

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