British Mountaineering Council participation statement: “The BMC recognises that climbing, hill walking and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.”
Booking Terms and Conditions
As of 1st June 2020, the Government Guidelines for England allows spending time outdoors, in groups of up to six people from different households, following social distancing guidelines. This means Nicks Outdoors & AFS Mountaineering can now start to offer courses and guided trips for groups up to 5 people. This can include groups of family and friends and mixed household groups meeting on an open course. This number is different between the 4 nations and liable to change.
To ensure the safety of all group members on my courses, I will be adhering to the latest Government and devolved government Guidelines and the Guidelines laid out by the British Mountaineering Council and the Mountaineering Associations. NNAS courses can run with a lower maximum number of 5 (Gold is unaffected).
Please note that during the Coronavirus outbreak, the Covid-19 specific terms and conditions will override any general terms and conditions where there is conflict. At the end of the day, I’m trying to get by and provide a good experience on trips and courses. I prefer working together honestly above all else – so discretion is more often than not applied!
You will need to be able to agree to the following before attending:
“Relating to COVID-19 – you must agree to inform us if, any time within 21 days of the event:
- You have reason to believe that you have been infected with or shown symptoms of Covid-19
- No one in my household has been infected with, or shown symptoms of Covid-19 to the best of my knowledge
- No one in my household is in the vulnerable or extremely vulnerable categories as defined in the current UK Government advice
- Nicks Outdoors & AFS Mountaineering will endeavour to keep everyone safe. However, we take no responsibility should you develop Covid-19 symptoms in the days or weeks from having attended one of our courses or events.”
Medical disclosure on booking is more important than ever, and clients need to take ownership of any personal medical problems in order for us to plan and deliver a quality course or trip. You must agree to inform Nicks Outdoors & AFS Mountaineering as soon as possible if anything changes with regard to medical conditions as highlighted above.
Keeping everybody safe:
- Please bring your own equipment. Throughout the duration of my courses / guided events, we will maintain social distancing and limit sharing of kit and equipment as much as possible. Any equipment provided by Nicks Outdoors & AFS Mountaineering will be disinfected before and after use.
- Mountain rescue teams are currently operating a very limited service and it is very difficult for a mountain rescue team to operate effectively while observing social distancing. When walking, climbing or scrambling we must avoid taking any unnecessary risks. It is vital that if you are uncomfortable with any situation you speak to the instructor / guide as soon as possible without peer pressure to press on. We always strive to make our courses and trips a safe place to communicate but this is more important than ever during this time period.
- We reserve the right to check whether clients have brought the essential equipment as listed on the gear list as well as whether you have adequate food and water depending on the weather. You may be required to empty and repack your rucksack so please don’t be offended. It is to try and prevent any unnecessary situations developing during the day that could have been prevented at the start
- All clients will need to provide their own safety kit (i.e. personal first aid kits, masks, gloves and medication where appropriate and if needed).
- Please endeavour to keep a safe distance away from your instructor and fellow attendees (current guidelines recommend 2 metres)
- Please wash your hands where possible and bring / use your own sanitising hand gel
- Masks are recommended in confined spaces and are there to reduce you potentially spreading the virus. It is up to you to decide whether to wear one
- There will be no car sharing unless you are travelling with someone deemed safe (as per the UK Government guidelines – e.g. family member or someone in your social bubble). Public transport is extremely limited and at present, and not all accommodation providers are open.
- Public toilets are for the most part closed. Should you need to use the toilet during the day you will have to find a quiet secluded spot and bring dog poo bags to remove any solid waste.
Usual ratios will have to be limited to 5 people plus an instructor or guide.
For any climbing activities, these will be limited to 4 people plus an instructor or guide (for climbing there needs to be a minimum of two of you for it to proceed).
Given the nature of the ever changing advice and circumstance – it is all of our responsibility to keep each other as safe as possible in relation to Covid-19. However, the outdoors is arguably the safest place to be so long as the group in question does it’s best to adhere to guidelines.
The British Mountaineering Council (BMC) Participation Statement
“The BMC recognises that climbing, hill walking and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions.”
- Participation in adventurous activities entails some risk of injury. All staff employed by Nicks Outdoors & AFS Mountaineering are trained and appropriately qualified to run advertised events and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen given the nature of the environments we are operating in.
- The word “event” is used throughout this page and refers to all activities advertised by Nicks Outdoors & AFS Mountaineering (courses, guided walking and climbing).
- Please ensure that you have read and understood the British Mountaineering Council Participation Statement above.
- These Terms and Conditions are designed to ensure safety, clarity, fairness to all parties and to ensure your experience from initial contact with us until the end of the event is the very best we can provide.
- The requirements of the Adventure Activities Licensing Authority mean that we are unable to take under 18’s unless they are accompanied on the event by their parent or legal guardian. Any booking for a person under 18 must be made by their parent or legal guardian. All instructors employed by Nicks Outdoors & AFS Mountaineering have an enhanced DBS certificate. However, if you would like to book onto an open course or event with under 18s, please do not use the online booking form but get in touch as I have a separate form for under 18s. There is no admin charge for this.
- The parent or guardian needs to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
- All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the instructor.
- The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
- Neither the Nicks Outdoors & AFS Mountaineering website or literature constitutes an offer and Nicks Outdoors, AFS Mountaineering may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
- All information is produced in good faith that it is accurate at the time of going to press.
Terms and Conditions of Bookings
1. Booking & payments –
(a) Booking and payment can be made online via this secure website which is managed by Wix for open scheduled events.
(b) The Wix online booking and payment system will not support bespoke bookings for private events or for larger organisational bulk bookings. For bespoke bookings, an invoice will be raised and can be paid for by BACS. There is no administration charge to raise an invoice for private bookings or for larger organisational bulk bookings when paid in full (with the exception of points 1(c), 1(e), 1(f), 1(j) and 1(l) below where applicable).
(c) Should you wish to pay an initial 10% deposit for bespoke bookings for private events or for larger organisational bulk bookings, this will incur a £5 non-refundable adminstration fee.
(d) If booking within 3 weeks (21 days) of the start of the event, payment must be in full.
(e) Where online booking is available, this is the preferred option. However, if you prefer to pay via invoice instead there will be an additional £5 non-refundable administration charge for raising an invoice.
(f) The Wix online booking and payment system does not accommodate deposits. If you prefer to reserve a place by paying a 10% deposit please get in touch and we will send an invoice. All invoices for deposits will include an additional £5 non-refundable invoice admin charge.
(g) Full payment is due 24 hours before the start of any event at the latest. If you do not pay your balance within the above time scale you may incur further charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
(h) The price of your activity / event can be varied due to government action, such as charges in VAT (if applicable) or any other government-imposed changes / currency changes.
(i) We reserve the right to refuse a booking or to make changes to advertised prices until the point of confirmation of your event. If this occurs, we will notify you and if you are not satisfied with this all monies paid will be returned subject to an admin fee (outlined in Point 2).
(j) There is a £10 handling surcharge for cheques for any event which is non-refundable.
(k) If you book a NNAS course directly with NNAS they charge an extra handling fee.
(l) For organisational clients where we need to liaise with a finance or procurement department to be added as a supplier, please note that there is a one off £100 admin fee.
2. Cancellation / Changes by you – Should you wish to change details of your booking after we have confirmed details, we will do our best to help accommodate you. We will initially offer you a place on the next available equivalent or suitable event where we can and at our discretion. However, should you ask for a refund the following cancellation schedule will be used to ascertain any outstanding fees:
(a) Any refund will be issued by BACS bank transfer so you will need to provide basic account to enable this (account name, sort code, account number).
(b) More than 3 weeks (21 days) prior to the start date and time of your event: I will refund what you have paid minus a £5 refund admin fee. Please note that this is in addition to a £5 administration fee for raising an invoice if applicable as outlined in Points 1(c), 1(e), 1(f), 1(j) and 1(l).
(c) Within 3 weeks (21 days) of start date and time or during the event:- Full payment is due and no refund will be given.
(d) If you are late for the start of an event you MUST inform the instructor. Contact details and other information is always given a few days before the start of an event. If you are severely delayed we cannot wait indefinitely at the expense of other paying clients and you may have to accept the event won’t happen for you. We will try and be accommodating and offer you a place on another equivalent event at our discretion.
(e) If you don’t show up for the event, this will be taken as a cancellation by you and no refund will be issued.
(f) If you decide to leave an event part way through, our duty of care to you ceases and you will be responsible for getting back to your vehicle / accommodation. We take no responsibility for your safe return in such circumstances and no refund will be offered. However, we will endeavour to arrange for you to make contact with us when you have safely returned and also an agreed time by which we will contact mountain rescue if we have not heard from you. This is for everybody’s peace of mind and your safety.
(g) No refund will be issued to anyone who causes distress to anyone (instructor, other client or anyone else outwith the group) through discrimination. Please see point 6d for more information.
(g) It is strongly advised that you get your own holiday insurance in case you cannot make the event or you feel that adhering to these terms and conditions will be difficult for you.
3. Cancellation / Changes by us –
(a) Should we make changes or cancellation due to Nicks Outdoors, AFS Mountaineering inability to provide resources or staff or when cancellation by others on your course makes continuation no longer viable or impractical we will inform you as soon as possible with suggested alternatives. Should these not be satisfactory or suitable for you we will refund all monies within 14 days (by BACS) minus a £5 admin fee (which is taken by Wix). We are not liable for any other costs incurred by you, and strongly recommend that you take out appropriate holiday / travel insurance.
(b) With all the good will and intention, we will try and find venues to meet which are less likely to be busy. However, given that public car parks (where open) fill up extremely fast and car sharing will not be an option, it is not improbable that we are unable to run the course or event on the day. If that is the case, we shall attempt to rearrange. No refunds will be issued in these circumstances.
(c) We will always strive to provide you with the activity / itinerary stated on your booking form / confirmation however the very nature of the outdoor environment means that the weather and other unforeseen circumstances can often determine that this is not possible. Examples of possible hindrance may be no water / snow, too much water /snow, high winds, landslides, road / river blockage, local access / land management / forestry issues etc. Any changes we are forced to make due to these or similar circumstances will be based on ensuring your safety and providing you with a quality outdoor experience. We will inform you as soon as we have made an assessment that such a change is necessary so we can discuss / arrange suitably comparable alternative activities / locations / itineraries for your day / event / course. Getting to a particular summit is NEVER guaranteed for the above reasons. We will always try and find alternatives but sometimes the nature of the weather means that it is unsafe to go to higher altitudes. Refunds are not provided in such circumstances as it is beyond anybody’s control.
(d) Some events require a minimum number of participants in order to be viable. These are stated in the event page. If we cancel the event because of insufficient numbers, you will be offered a full refund, or the offer of an equivalent event on a different date. We are not liable for any other costs incurred by you, and strongly recommend that you take out appropriate holiday / travel insurance.
(e) We reserve the right to refuse your participation if we deem your level of fitness, health or your clothing / equipment is unsuitable for the event, or if you appear to be under the influence of alcohol or drugs or you are otherwise behaving inappropriately. This will be treated as a cancellation by you and no refund will be given in these circumstances.
(f) If, due to Force Majeure we are unable to fulfil our contract with you, you will not be due compensation. This relates to extremely unusual or unforeseeable circumstances beyond our control which generally affect us all. These can include, for example, war, riot, industrial dispute and / or strikes, civil commotion, disorder, terrorist activity and its consequences, natural or nuclear disaster, malicious damage, fire, flood, epidemic, quarantine restriction or extreme weather conditions which make normal operations impossible to continue or dangerous.
4. Insurance – Although we have full public liability insurance we recommend that you arrange adequate personal insurance cover for activities, holidays and courses. You should note that many travel insurance policies exclude cover for certain sporting activities, so you should carefully check the terms of any proposed insurance policy to ensure that it meets your requirements.
5. Liability – In the absence of any negligence or other breach of duty by us or our employees and agents, you will be responsible for any loss, theft, injury or damage to your own vehicles, their contents fittings or accessories. In the event of a breach of this contract by Nicks outdoors, AFS Mountaineering, we shall not be liable for any loss, damage cost or expense arising out of the breach which was not reasonably foreseeable at the date the contract is made, except in respect of death or personal injury resulting from any act or omission on the part of Nicks outdoors, AFS Mountaineering. Nicks Outdoors, AFS Mountaineering will only be liable for loss or damage caused by the proven negligence or default of the company or its employees in performing their obligations under this agreement.
6. Health and Safety – Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Clients must adhere to the instructions, guidance and decisions of our mountain leaders as they have specialist knowledge & skills and are committed to keeping you safe.
(a) It is your responsibility when booking to ensure that you and members of your group are fit enough to cope with the activity and the environment associated with your booking. Clients must inform us prior to the event of any medical condition / illness / disability (including medication which may affect their performance) on the booking form so we can discuss your needs and make appropriate arrangements. All clients should inform the mountain leader if there has been any change to the medical condition / illness / disability between booking and the start of the event. All clients should inform the mountain leader immediately if they feel unwell during the activity.
(b) Illicit drug use is not permitted prior to, or during our events / activities. Clients wishing to bring alcohol on wilderness camping treks must be aware that they are responsible for it, it is for personal consumption in the evening and that they must drink responsibly so as not to behave inappropriately, cause distress to others, cause damage or be unable to continue the activity / be unfit in the morning. Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. This will be treated as a cancellation by you as per Point 3(e) above.
(c) Clients must show respect to equipment / vehicles / buildings / other clients / wildlife (flora and fauna) and the environment / other hill / mountain users / staff / land owners or their employees – Abuse or causing distress to others or loss / damage due to negligence will result in repair / full replacement costs. This may also lead to exclusion from activities / accommodation / courses without refund. The customer is responsible for the safekeeping of all equipment issued for use during the activity/course.
(d) Equality. Discrimination against any other client based on their (for example) gender, sexuality, religion, skin colour, ethnic origin, country of origin is not acceptable on any Nicks Outdoors, AFS Mountaineering event (the example is non-exhaustive). Every client has the right to enjoy the event and learn during any instructed course without fear of discrimination from anybody else. If anyone is causing distress by behaving in a discriminatory manner they will be asked to leave the event and no refund will be issued.
(e) The gear list is available on this website. You can find it here. It is your responsibility to contact Nicks Outdoors, AFS Mountaineering if there are items which you don’t have as we can bring spares along if we have any. If you turn up without the essential kit and haven’t informed us of this in advance and we do not have spares, we reserve the right to ask you not to join us should we decide that you are missing essential kit for the particular activity. This is for safety reasons and for the safety of others. You will not be refunded in such circumstances. Please note that during the Coronavirus outbreak, we cannot provide any equipment whatsoever apart from laminated maps for navigation courses.
7. No Smoking Policy – In England and Wales – The Health Act 2006, and in Scotland – The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 mean that smoking is prohibited in any building. This includes all Nicks Outdoors, AFS Mountaineering vehicles and tents.
8. Dogs – If you are booking an activity / event for yourself or yourself with friends / family that is not a pre-advertised organised event on the AFS Mountaineering website (or social media pages), you are welcome to bring well-behaved dogs. They must be kept on a lead at all times so as not to disturb wildlife and the owner will be responsible clearing up and appropriately disposing of dog mess. If you wish to bring your dog on a wilderness camping trek, you must have your own tent. AFS Mountaineering cannot provide tents under these circumstances.
9. Use of AFS Mountaineering equipment – With the exception of fair wear and tear, AFS Mountaineering reserves the right to charge for equipment provided to you for the activity / event that is lost, damaged or misused. This charge means the full cost of a new replacement or equivalent item of the same standard. If you are unsure of how to use the equipment please ask your instructor.
10. Service and feedback – We want you to enjoy your experience in the outdoors to its fullest, if you are dissatisfied with any aspect of the service provided by AFS Mountaineering please inform us as soon as possible and we will take appropriate action.
11. Meeting up – Please ensure you are at the agreed meeting point by the agreed time. If you are running late then please contact us, and we will do our best to accommodate the delay, but this will be at your risk and not at the inconvenience of other clients.
12. Final choice of routes – The choice of routes for all events is in the discretion of the instructor. No guarantee can be given that we will reach a specific location or summit, and timings given can therefore only be approximate. Unless otherwise specified, an event would normally finish in the late afternoon or early evening on the relevant day. You are therefore recommended not to have any obligation or commitment for later that day. If you wish to meet a specific schedule, e.g. for onward travel, please notify us before the start of the event, however we cannot guarantee to be finished by a specific time, and will not be liable for any additional costs incurred.
13. Photographs and Marketing – Photographs taken on our events may be used on our website, social media pages or other promotional material. If you do not wish to be photographed by AFS Mountaineering, please inform the instructor as well as tick the appropriate box on the booking form. We cannot be responsible for other people on an event taking pictures and posting them on their social media pages, but if you do not want to be photographed by them please ask people to be respectful of this. AFS Mountaineering does not believe in regularly sending out emails or newsletters. It annoys us as people when we receive them and are forever having to unsubscribe from emails that we never signed up to. Most of our marketing is done via our Twitter and Facebook Pages and you are welcome to like/follow us (Search AFS Mountaineering on Facebook or @afsmountains on Twitter). Our website also includes all of the set trips and courses that we are running.
14. Personal possessions – You may leave dry clothes or footwear in our vehicle to change into after the event, however this is at your own risk. We take no liability for loss or damage to your equipment or clothing that you bring with you on our activities.
15. Additional Terms and Conditions relating to wilderness camping treks – All wilderness camping events are self-contained. The group carries everything it needs (tents, sleeping bags, food, cooking equipment and fuel, etc.), and you will be expected to carry your fair share. There are no washing or toilet facilities (with the exception of one or two particular bothies) for the duration of the event, other than what we arrange ourselves. The instructor is not the sherpa, porter or cook. Advice on what food to bring can be given before any event. You are responsible for bringing your own food but if you are unsure or want any advice then please just get in touch and we’ll be happy to advise.
16. Permits – It is your responsibility to obtain any permits required for any additional activities you wish to undertake whilst on one of our events (e.g. fishing).
The Booking Terms and Conditions was updated on 9th September 2020
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. This includes all photographs, diagrams and images. Subject to the licence below, all our intellectual property rights are reserved. No part of this website or any picture is to be reproduced without written permission from the AFS Mountaineering. Where we have used images from others, their copyright has been acknowledged and is used with permission to the best of our knowledge.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from the website, provided that:
(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(c) you must not edit or otherwise modify any material from the website.
(4) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(6) Entire agreement
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
(7) Law and jurisdiction
This notice will be governed by and construed in accordance with English and Welsh law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England and Wales.
(8) Our contact details
You can contact us by email. Contact details are also given at the bottom of each page of our website.
The Disclaimer was updated on 9th September 2020
Data Protection Notice
At AFS Mountaineering, we are committed to protecting the privacy of your personal data in accordance with Data Protection legislation. This Data Protection Notice establishes the basis on which we will process your personal data.
In this Notice, ‘we’ (and any related expression) refers to AFS Mountaineering whose office is at 22 Railway Terrace, York, YO24 4BN. In this Notice, an event refers to any of our product offerings which primarily include specific courses , climbing instruction or guided walks (day or night walk, multi-day walks or backpacking treks).
This Notice applies whether you are, or you are acting on behalf of, a customer or a potential customer.
The Data Protection Legislation
As from 25th May 2018, most personal data processing in the UK is subject to the EU General Data Protection Regulation (`GDPR’), as supplemented by UK legislation.
Personal data is any information that directly or indirectly identifies a living individual.
For the purposes of the GDPR, we will be the controller of any personal data that we collect from or about you in connection with the provision of our professional services or, where relevant, dealing with job applications.
Under the GDPR, data controllers are required to process personal data lawfully, fairly and in a transparent manner, and in a manner that ensures appropriate security of the personal data. Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes, and the data must be adequate, relevant and limited to what is necessary in relation to those purposes, accurate and, where necessary, kept up to date, and kept in a form which permits identification of data subjects for no longer than is necessary for those purposes. Data controllers are responsible for, and must able to demonstrate, compliance with these principles.
(1) Information about website visits
We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.
We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites.
(2) What personal data do we collect from or about you?
(a) If you make an enquiry: If you contact us with an enquiry about our services (either through the website or by phone, email or post), we will ask you to supply essential contact details (your name, e-mail address, phone number and, where applicable, the company or other person you represent and your job title), which we need in order to identify you and deal with your enquiry.
Depending on the nature of your enquiry, we may collect from you further details, such as the circumstances in which you are making the enquiry and the services that may be of interest to you and related information.
(b) If you are or become a customer: If you are or become a customer by signing up on an event we operate, in the course of providing our professional services we may collect further personal data from you, depending on the nature of the services we are providing. In certain cases, the information that we collect from you may be of a sensitive nature (for instance, health related information), but we will only ask you to provide the information that is necessary and appropriate for the activity you have purchased.
If you do not provide us with the information we need, we may not be able to provide our professional services for you or the company or other person you represent.
When you make a personal payment for our services, details of the method of payment, your bank details or your credit or debit card number will be processed but is handled by a compliant third party (Stripe). We have no access to any of this data
(3) Why and on what basis do we process your personal data?
(a) Enquiries. When you make an enquiry, we will process the personal data that you give us, or we collect from you or about you, so that we can supply you with the information that you have requested about our professional services, on the basis that it is necessary for our legitimate interests in promoting and marketing our professional services, or in order to provide a quotation for our services.
(b) Clients. If you are or become a customer (or the company or other person you represent is or becomes a customer), we will process the personal data that you give us, or we collect from you or about you, in order to perform the contract that we have with you (or the company or other person you represent).
Where we need to process special categories of data (‘sensitive data’) relating to you, we will only do so with your explicit consent or where this is necessary for the establishment, exercise or defence of legal claims.
We will also process your personal data for internal record keeping, billing and accounting, and to respond to any queries, complaints or requests for further information, and for the purposes of archiving. The basis on which we do so is that it is necessary for our performance of the contract we have with you (or the company or other person you represent), or is necessary for our legitimate interests in managing our business and improving our professional services.
In appropriate circumstances (specifically on courses that offer qualifications offered by the National Navigation Award Scheme (hereafter referred to as NNAS https://nnas.org.uk) we will use the personal data that you provide or that we collect about you so we can process your course application and subsequent course administration. (More details of this is included in the Who do we Share your personal data section below).
(c) Staying in touch. We will only very occasionally send past clients notification of events relating to our business which we think may be of interest to you by email or social media but only if you have given us express consent to do so. You can inform us at any time if you no longer want such communications to be sent. Simply contact us and let us know.
(4) Who do we share your personal data with?
We will not use your personal data for any other purpose, or disclose it to any third party, without your consent unless we are required to do so by law, or as mentioned in this section.
(a) Forwarding. We may send your contact information to another trusted provider in exceptional circumstances and only with your written agreement to do to. This would only be (for example), email address, phone number or postal address depending on the circumstances. This could include situations where nobody from AFS Mountaineering is available for dates that you would like, for certain activities we are unable to undertake, or due to sudden and unforeseen injury or illness and you are happy for us to find an alternative provider. It would never include medical information if you have provided that as other providers have their own information they will need to gather.
We may employ freelance staff who hold the relevant qualifications and safeguarding checks to run particular events or to enable us to fulfil our contract with you. In these cases they will be given the information that you have provided us which is necessary for them to fulfil the contract. They will be required to destroy this information or permanently and securely delete it immediately after the event.
(b) Data processing services. The Bronze, Silver and Gold courses along with the NNAS Tutor award are all courses accredited by the NNAS and in order for the NNAS to legitimately process that data and administer the awards, your data is entered in the NNAS’s Candidate Management System (CMS).
NNAS is registered with the Information Commissioner’s Office (ICO).
(5) Compliance with legal obligations
AFS Mountaineering is registered as a Data Controller with the Information Commissioner’s Office
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in connection with any regulatory obligation or request;
(d) in order to establish, exercise or defend our legal rights and property (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(e) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.
(6) Where we keep your data?
We will take all reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. All personal information that you provide us is saved to a password-protected cloud server accessed from a password protected computer. All email correspondence is saved to a password protected email programme. Printed copies will be taken by the instructor of any particular activity in case of needing to contact you (if you’ve not shown up), an emergency contact should the need arise, and to be aware of any medical conditions which may need to be factored into a route plan by the instructor, or in case of a first aid response. Any physical copies of your personal information are physically destroyed once the relevant event has ended. We will never reveal your personal details to any third party.
(7) How long do we keep personal data for?
If you contact us with an enquiry about our professional services but you do not subsequently become a customer (or the company or other person you represent does not do so), it is our policy to delete your personal data after three years.
If you are or become a customer (or the company or other person you represent is or becomes a customer), we normally retain contract information (including personal data) for a minimum period after the end of the relevant contract or client relationship, or for longer where it is necessary for us to do so for compliance with regulatory or other legal obligations. In some cases, it may be necessary for us to retain records indefinitely.
Personal data relating to our professional contacts will be retained for so long as is necessary, or until you indicate otherwise to us, but we will aim to update our contacts’ preferences on a periodic basis.
In certain cases, it may not be physically possible to delete certain data (for instance, where it is stored on a secure external server), in which case we will take appropriate steps to ensure that it is not available for re-use or disclosure to third parties.
(8) Your rights as a data subject
As a data subject, you have certain legal rights (subject to certain exceptions under the Data Protection legislation) including the right:
- to access the personal data held about you and request a copy of it;
- to ask us not to process your personal data for marketing purposes;
- to withdraw at any time any consent you have given to receive marketing material from us, or in any other case where we process your personal data on the basis of a consent that you have given (and not on some other legal basis);
- to ask us to rectify inaccurate personal data about you;
- to ask for the restriction of personal data about you that is inaccurate, unlawfully processed, or no longer required;
- to ask for the transfer of your personal data in a structured, commonly used and machine readable format where appropriate;
- to ask for the erasure of personal data about you where processing is no longer necessary, or the legitimate interests we have in processing your personal data are overridden by your interests, rights and freedoms as the data subject; and
- to make a complaint to the Information Commissioner’s Office which can be contacted by post via: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or by telephone via 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.
We will always aim to respond within 28 days.
(9) Changes to this Data Protection Notice
We may change this Data Protection Notice from time to time. In the case of any substantial change, we will notify you (where practicable) in writing or by email.
(10) Third Party Websites
This website contains links to other websites and we have provided these as we think they are relevant and of potential interest. They will open in a new tab / window. We are not responsible for the privacy policies or the accuracy of the content of third party websites. Listing of sites and links to them should not be taken as an endorsement of any kind.
(11) How to Contact Us
If you have any questions, comments or requests about this Data Protection Notice, or would like to exercise any of the rights you have, as set out above, please contact us:
- by email to: email@example.com; or
- by post To: Nick Rowe 46 kingfisher drive Catterick DL9 4DP.