Mark McColl Photography Ltd - Terms and Conditions of Workshop Bookings

Definitions

1.1 Workshop means the service being offered by Mark McColl Photography Ltd as advertised on the website www.markmccoll.co.uk to the client. Note that workshop bookings are made with Mark McColl Photography Ltd. If you book any workshop or tour listed on this website but booked through or run by any other photographer or company, the booking is subject to their terms and conditions and your contract is wholly with them. Any issues arising from such a booking must be taken up with them directly. The terms and conditions listed below relate only to bookings made with and confirmed by Mark McColl Photography Ltd.

1.2 Client means any customer or business placing an order with Mark McColl Photography Ltd, or on behalf of whom an order has been placed.

1.3 Booking means the completed process through which the client completes a booking form or application via email, sends payment to Mark McColl Photography Ltd, and receives confirmation in writing that a booking is complete.

1.4 Force Majeure means any unforeseen or unusual circumstances beyond the control of Mark McColl Photography such as war or threat of war, terrorist activity, riot, civil strife, industrial dispute, natural or nuclear disaster, fire, flood or adverse weather.

1.5 Underbooking is the situation in which the minimum number of bookings required to run a workshop is not met, as outlined in the workshop description.

2.Bookings and payments

2.1 A non-refundable deposit of the amount stated in the workshop description is required at the time of booking.

2.2 The balance of the workshop price is due 6 weeks prior to the commencement date. If the final payment is not made by the date specified, Mark McColl Photography Ltd reserves the right to treat the booking as cancelled and retain the deposit. If a booking is made 6 weeks or less prior to the departure date then the full amount is payable at the time of booking.

2.3 The receipt of a deposit does not imply acceptance of a booking. Acceptance of your booking will be made in writing (including email) by Mark McColl Photography Ltd.

2.4 If you have special dietary or other requests, you should inform Mark McColl Photography Ltd of these prior to departure. We will advise the relevant accomodation of your requirements, but cannot guarantee that such requests will be met, and will have no liability to you if such requests are not met.

2.5 Mark McColl Photography Ltd reserves the right to change any of the prices, service or other particulars contained in this at any time before we enter into a contract with the client. If there is any change, Mark McColl Photography Ltd will notify the client before entering into such contract.

2.6 Travel booking (Flight/rail /bus ) is the client’s responsibility and Mark McColl Photography Ltd is not responsible for any expenses, loss or other damage caused to you by the acts or omissions of the carrier.


3.Cancellations / amendments

3.1. Any cancellation by the client must be made in writing. The date on which the letter / email is received will determine the cancellation charges applicable. These charges are expressed as a percentage of the total workshop price, and are as follows:
• 4-6 weeks before departure 50%
• Less than 4 weeks (28 days) before departure 100%.

3.2 Mark McColl Photography Ltd reserves the right to alter or cancel any workshop. If an alteration or cancellation becomes necessary, you will have the choice of accepting the change, accepting an alternative workshop offered by Mark McColl Photography Ltd (of equal or lesser value, and where this is of a lower value we will refund the difference), or withdrawing from the contract and accepting a refund of all monies paid to Mark McColl Photography Ltd.

3.3 Mark McColl Photography Ltd is not party to any flight or hotel bookings you make yourself in connection with travel to or from a workshop, and consequently Mark McColl Photography Ltd will not be liable for the cost of any flights or hotels incurred in the event of a workshop cancellation.

3.4 In the event of force majeure occurring during the workshop or before departure, no refund will be payable to the client.

3.5 A minimum number of workshop participants is usually needed to enable the workshop to proceed. Any requirement of a minimum number of participants for a workshop will be specified in the workshop description. Such minimum specification is binding on the client, and if the minimum number of participants is not met Mark McColl Photography Ltd reserves the right to cancel the workshop as described in section 3.2. In such circumstances, the client will be notified at a minimum of 30 days prior to the departure date.

3.5. In the event of the specified tutor or tutors being unable to attend due to illness or other circumstances beyond the control of Mark McColl Photography Ltd, then the workshop will be cancelled and the provisions of clause 3.2 will come into effect.

4. Liabilities

4.1. Photography workshops require flexibility and must allow for alternatives. For this reason the outline itinerary / description must be taken as an indication of what may take place, and not as a contractual obligation on the part of Mark McColl Photography Ltd. Please note: On any Northern European workshops to photograph Aurora Borealis, sightings are not guaranteed and Mark McColl Photography does not guarantee sightings of the Northern Lights.

4.2 Mark McColl Photography Ltd does not accept liability for any loss or additional expense caused by delay or interruption to travel services through the errors and omissions of carriers, such as carrier delay, cancellation, or mechanical failure, or due to weather conditions, civil disturbance, industrial action, strikes, wars, floods, sickness or force majeure. Such losses or additional expenses are the responsibility of the passenger.

4.3 You must be physically fit and capable of participating in the workshop on which you have booked,

4.4 All workshop participants entering into a contract with Mark McColl / Mark McColl Photography Ltd do so at their own risk and Mark McColl / Mark McColl Photography Ltd accepts no liability or responsibility for death, bodily injury, or illness, or damage done to their persons or property while participating in a workshop or in transit thereto, unless arising from the negligent act and/or omission of the Company’s employees (whilst acting in the course of their employment). Any claims shall be subject to the jurisdiction of Scotland and Scots law in respect of any question of liability or quantum, and all proceedings shall be within the exclusive jurisdiction of the Scottish courts.

4.5 By booking with Mark McColl Photography Ltd, the client acknowledges and accepts that there is an element of risk associated in any outdoor workshop. The Client at the time of making the booking with Mark McColl Photography Ltd accepts that not only the Client but all individuals in the party are fit to travel and are completely aware of any risks associated with field locations and weather.

4.6. It is the responsibility of the Client to inform Mark McColl Photography Ltd at or before the booking whether it is necessary to make any special arrangements as regards care or assistance with regard to the Client or any individuals in the Client’s party.

4.7. Mark McColl Photography Ltd reserve the right to assess whether the Client or any individuals in the particular party can be safely accommodated on the workshop. Mark McColl Photography Ltd have an absolute discretion to refuse that Client’s attendance or any member of that Client’s party on the workshop.

4.8. Please note that suitably qualified medical personnel do not accompany Mark McColl Photography Ltd workshops. Bookings made with Mark McColl Photography Ltd are not equipped or trained to deal with a medical emergency or to provide care and assistance in the event of an emergency. If you have any medical condition which may need emergency treatment then you must disclose this at the time of booking to enable Mark McColl Photography Ltd to make an assessment as to whether you can be safely accommodated on the workshop.

4.9 By booking with Mark McColl Photography, you acknowledge that you have read these terms and conditions and understand your responsibilities and obligations as well as the relevant workshop specifications (including that you need to be physically fit in order to take part in the relevant workshop).

4.10 By booking a workshop with Mark McColl Photography the client acknowledges, understands and agrees to items 4.1 – 4.9.

5. Insurance and travel

5.1 It is a term of the contract between us that you will obtain the appropriate travel insurance cover before you set out on the tour or workshop. Travel, personal medical and equipment insurance must be arranged by the workshop client before the workshop commences. It is the responsibility of the client to ensure that any insurance provides the appropriate cover / amount of cover. The insurance must cover the loss, expenses and damages arising from, including but not limited to, the cancellation of the workshop (whether in whole or in part), personal accident and injury, medical and repatriation costs (for overseas workshops), loss of baggage and personal money and belongings and flight cancellations and delays. It is also advised that clients have their own public liability insurance.

5.2 If the workshop involves travel throughout the EU it is advised that the client obtains an EU health insurance card in advance of the workshop. If the workshop takes place outwith the EU the client must ensure that their insurance is valid for that area, particularly for medical expenses.

5.3 If items of equipment are loaned to a client during the course of a workshop by Mark McColl / Mark McColl Photography Ltd then any loss or damage to said equipment is the responsibility of the client. Any loss or damage must therefore be paid for by the client.

5.4 It is the responsibility of the client to ensure that they arrive at the agreed meeting point (airport, hotel, or other agreed location) on time. Mark McColl / Mark McColl Photography Ltd cannot be held responsible for the late arrival of clients. If clients arrive late Mark McColl / Mark McColl Photography Ltd reserve the right to commence the workshop and accept no liability for expense incurred in clients arranging their own transfers in such an eventuality.

5.5 Clients must ensure that they have a valid passport (if required) and all necessary documents (eg. Visa’s) for travel to the workshop location.

5.6 Transfers to and from airports are only included in the price when connected to flights specified by Mark McColl Photography Ltd. The client will be liable for arranging and paying for transfers resulting from the booking of flights not specified by Mark McColl Photography Ltd, particularly if they lead to the client arriving late for the workshop commencement.

6. Disputes

6.1. The client must communicate any perceived failure in the performance of this contract on the spot to the workshop leader thus giving the leader the opportunity to achieve a satisfactory solution. Should this not be possible, you should make your complaint known to Mark McColl Photography Ltd in writing within 28 days of the completion of the workshop.

6.2. By completing a booking with Mark McColl Photography Ltd, you accept all the above terms and conditions. The person who completes the booking does so on behalf of all the individuals included on it, so that all are bound by the booking terms and conditions.

7. Currency Fluctuations

7.1 Each workshop is configured and priced on the current valuation of the GBP at the time of launch on the website. If over time the value of the currency declines by over 5%, then a surcharge can be levied to cover the cost of the deficit at the discretion of Mark McColl Photography. Any increase in the costs of the workshop will not exceed 8% of the original selling price, and clients will be advised of any increase up to this amount at least 20 days before the tour commences. If larger currency fluctuations occur making an increase of greater than 8% of the original selling price necessary, the client will have the right to cancel their involvement and receive a refund without incurring a termination fee.