Mali Davies Photography Terms and conditions

The following conditions (“booking conditions”) form the basis of your contract with Mali Davies Photography (“I”, “we”, “us” and “our” means Mali Davies Photography). References to “you” and “your” means all persons named on the booking, or any of them as the context requires (including anyone who is added or substituted at a later stage). References to “workshop” means all arrangements we contract to provide for you in relation to your chosen workshop as shown on our confirmation.

1. The deposit required is payable if the workshop is booked more than 60 days before the start date of the workshop otherwise full payment is required at the time of booking. The payment is only refundable where stated in these booking conditions. The receipt or banking of a payment does not imply acceptance of a booking. A confirmation will be emailed or posted and it is not until we confirm acceptance of the booking in this manner that a contract comes into existence between us. Please check your confirmation immediately on receipt and let us know straight away if any information in this appears to be incorrect as it may not be possible to make changes later without payment of any applicable charges.
2. Any cancellation by you must be made in writing and will only be effective when received by us. Your payment once made, is not normally refundable if you cancel your workshop, but we endeavour to refund (less a £50 per person handling charge plus additional costs relating to banking fees) if we receive another booking for your place (not applicable where the workshop is not full).
3. We reserve the right to cancel or make changes to any workshop. We will notify you as soon as possible if this happens. Should a cancellation or significant change become necessary, you will then have the choice of booking an alternative workshop (subject to availability) and paying the price applicable to that workshop or receiving a full refund of all monies paid to us. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your course has not been reached. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
4. In the event of Mali Davies being unable to attend due to illness or other circumstances beyond our control, then the workshop will be cancelled and the provisions of clause 3 will come into effect.
5. We reserve the right to change any of the prices, services or other particulars of our workshops at any time before we enter into contract with you. If there is any change, we will notify you before we confirm your booking.
6. If you have special dietary or other requests, you should inform us of these at the time of booking. We will advise the relevant supplier of your requirements, but we cannot guarantee that such requests will be met, and will have no liability to you if such requests are not met (unless the request is related to a medical condition or disability and we have confirmed in writing that the request will be met). If you have any medical condition or disability which may affect your participation in your chosen workshop or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your workshop develops after your booking has been confirmed.
7. The type of workshops we offer require flexibility and must allow for alternatives. For this reason the outline itinerary and workshop description must be taken as an indication of what may take place on the workshop, and not as a contractual obligation on the part of the company.
8. We do not accept responsibility or liability for death, bodily injury or illness caused to you.
9. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description, which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
10. You must communicate any perceived failure of the course or workshop to us whilst on the course, thus giving us the opportunity of achieving a satisfactory solution. Should this not be possible for any reason, your complaint must be made in writing to us within 28 days after the finish date of the course. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
11. It is a term of the contract between us that you will obtain the appropriate travel insurance cover before you set out on the workshop. 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, loss of baggage and personal money and belongings and flight cancellations and delays.
12. By signing the booking form, you are agreeing to accept all the above conditions. The person who signs the booking form (who must be at least 18 years of age) does so on behalf of all the individuals included on it, so that all are bound by the booking conditions.
13. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of "force majeure". In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, (whether actual or threatened), war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics / pandemics and all similar events outside our control.
14. When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
15. Many of the services which make up your course are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, sometimes in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned. If your workshop includes overnight accommodation, the following clauses will also apply to your booking;-
    1. We promise to make sure that the arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
    2. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your course and which were unforeseeable or unavoidable or “force majeure”; as defined in clause 13 above
    3. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
    4. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

CONDITIONS OF WEBSITE USE – WWW.maliphotography.CO.UK

1. Access to and use of any information on this website is conditional on your acceptance of these website use conditions without modification. Please read them carefully. We recommend you print out and keep a copy of them for your future reference. If you do not wish to accept any part of them, you must not use our website. All bookings of course, workshop or tour arrangements are also subject to our Booking Conditions shown above. Again, we recommend you print out and keep a copy of these for your future reference.
2. In these Conditions, “you” and “your” means any and all persons using this website “I”, “We”, “us” and “our” means Mali Davies Photography.
3. Nothing on this website constitutes an offer on our part. The matters detailed constitute an invitation to you to make an offer to us on the stated terms to purchase arrangements we feature. We may accept or decline any such offer. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
4. As a condition of your use of this website, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these Conditions.
5. This website is for your personal and non-commercial use. No part of this website may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information, products or services contained or featured on this website. The copyright in the material contained on this site belongs to us or its licensors.
6. Our business and the services we offer are governed exclusively by the applicable laws of England and Wales except where otherwise stated in our Booking Conditions. No warranties and/or representations of any kind express or implied, are given as to the compliance of the information shown on this website, the services offered by or on behalf of us, any information relating to such services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
7. Access to this website is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the courts of England and Wales only to the exclusion of the courts of any other country.
8. We accept responsibility for any course, workshop or tour arrangements booked with us in accordance with our then current, applicable Booking Conditions from the time a binding legal contract between us comes into existence. We cannot, however, accept any other liability whatsoever.
9. Except as set out in clause 8 of these Conditions above, no warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on this website or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this website or any inability to access or use (or delay in doing so) this website.
10. All exclusions of liability apply only to the extent permitted by law and where consistent with clause 8 of these Conditions.
11. If any exclusion(s) or limitation(s) contained in these Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Conditions for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Conditions.
12. Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this web site and/or any services offered by us or on our behalf.
13. The information contained on this website may contain technical inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. We have the right to change the prices of the course, workshop or tour arrangements featured or mentioned on this website at any time without prior notice. If any price is obviously incorrect, we will not be bound by it. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so. You must ensure you check all details of the chosen course, workshop or tour arrangements (including the price) with us by telephone or other approved means at the time of booking.
14. This website may contain links to other websites. Except where they belong to us, such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means.
15. We make no warranty that this website (or any websites that are linked to this website) is free from technical errors, computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure you carry out sufficient checks (including virus checks) to satisfy your particular requirements.
16. We may alter these Conditions at any time. If we do so, all subsequent use of our website will be governed by the newer version. You must check these Conditions regularly.