Walking Tour Participation Terms and Conditions

Organisations, Schools and Group Bookings

1. Scope and application

1.1 These Terms and Conditions apply to bookings made by schools, colleges, universities, youth groups, travel companies, tour operators and other organisations (“the Booking Organisation”) for walking tours and related guiding services delivered by Footprints Tours Limited (“the Company”).

1.2 These Terms and Conditions form part of the contract between the Company and the Booking Organisation. Any booking-specific quotation, itinerary, payment terms, cancellation terms or other written conditions supplied by the Company also form part of that contract.

1.3 The Booking Organisation must review these Terms and Conditions before confirming a booking. By confirming or paying for a booking after receiving these Terms and Conditions, or a link to them, the Booking Organisation agrees to be bound by them.

1.4 The Booking Organisation confirms that it is authorised to arrange the tour for the participants included in the booking.

1.5 The Booking Organisation is responsible for bringing these Terms and Conditions, together with any relevant tour information and safety requirements, to the attention of:

Its staff and accompanying adults;
Participants;
Parents or guardians, where appropriate;
The school, institution or organisation represented; and
Any agent or intermediary involved in arranging the booking.

1.6 Where a travel agent, tour operator or other intermediary makes the booking, that intermediary is responsible for communicating these Terms and Conditions to the organisation responsible for the participants.

2. Nature of the Company’s services

2.1 The Company provides educational, informational and entertainment-based guiding services.

2.2 A Company guide’s role is to:

Lead the agreed tour;
Provide commentary and information;
Manage the tour route and reasonable timings;
Give reasonable safety instructions relating to the immediate delivery of the tour; and
Respond reasonably to circumstances encountered during the tour.

2.3 Company guides are not supplied as:

Teachers;
Chaperones;
Group leaders;
Pastoral carers;
Safeguarding officers;
Medical carers;
Security personnel; or
Responsible adults for children or vulnerable participants.

2.4 The presence of a Company guide does not transfer supervision, safeguarding, welfare or pastoral responsibilities from the Booking Organisation to the Company.

2.5 The Booking Organisation must not include a Company guide when calculating its own required adult-to-student or supervision ratio.

3. Responsibility for participants

3.1 The Booking Organisation remains responsible throughout the tour for the:

Supervision;
Safeguarding;
Welfare;
Behaviour;
Conduct;
Attendance;
Medical needs; and
General pastoral care

of all participants it sends on the tour.

3.2 This responsibility applies to students, children, staff, accompanying adults and any other person attending under the Booking Organisation’s arrangements.

3.3 The Booking Organisation must ensure that it has appropriate procedures in place for:

Monitoring participants;
Maintaining appropriate supervision ratios;
Managing behaviour;
Responding to medical or safeguarding concerns;
Accounting for participants during and after the tour;
Contacting parents, guardians or emergency contacts where necessary; and
Managing any participant who becomes separated from the group.

3.4 The Company does not accept responsibility for a participant leaving, becoming separated from or failing to remain with the group where the Booking Organisation has not provided or maintained appropriate supervision.

4. Children, young people and safeguarding

4.1 For the purposes of these Terms and Conditions, a child or young person is anyone under the age of 18.

4.2 Every separately guided group containing one or more participants under the age of 18 must be accompanied throughout the tour by at least one responsible adult appointed by the Booking Organisation.

4.3 The Booking Organisation must determine whether more than one accompanying adult is required for each group, taking account of:

The number and age of participants;
The participants’ needs and behaviour;
Applicable school or organisational policies;
Its safeguarding arrangements;
The tour route and duration; and
Any applicable legal, regulatory or insurance requirements.

4.4 The accompanying adult or adults must remain with the group and retain active responsibility for supervision and safeguarding throughout the tour.

4.5 A Company guide must not be left as the sole responsible adult with participants under the age of 18.

4.6 The Booking Organisation remains responsible for:

Selecting suitable accompanying adults;
Carrying out any checks required by its safeguarding policies;
Setting and maintaining appropriate supervision ratios;
Ensuring that accompanying adults understand their responsibilities;
Behaviour management;
Medical needs;
Emergency contact arrangements; and
Responding to safeguarding concerns.

4.7 Unless expressly agreed otherwise in writing, the Company does not provide a regulated childcare, teaching, supervisory or pastoral-care service. The Booking Organisation must not assume that the guide is acting in any such capacity.

4.8 If appropriate adult accompaniment is not provided or maintained, the Company may refuse to start, suspend or end the tour. Any refund will be subject to the applicable booking and cancellation terms, and the Company will not be responsible for losses arising from the Booking Organisation’s failure to meet this requirement.

5. Risk assessments, health and suitability

5.1 The Booking Organisation is responsible for carrying out its own risk assessment before the tour, having regard to the needs and circumstances of its participants.

5.2 The Booking Organisation is responsible for ensuring that each participant is reasonably able and suitable to undertake the tour.

5.3 This includes assessing:

Physical fitness and stamina;
Mobility or accessibility requirements;
Medical conditions;
Allergies;
Behavioural considerations;
Learning or communication needs;
Weather conditions;
Appropriate clothing and footwear; and
Any additional assistance or support required.

5.4 The Booking Organisation must ensure that any participant requiring individual assistance is accompanied by an appropriate support person.

5.5 Relevant information that may reasonably affect the safe delivery of the tour must be provided to the Company in sufficient time before the tour, subject to applicable data-protection requirements.

5.6 The Company may make reasonable changes to the route, content, duration or arrangements where necessary for safety, accessibility, operational or venue-related reasons.

6. Participant conduct

6.1 The Booking Organisation must ensure that participants:

Follow reasonable instructions given by the guide;
Remain under the supervision of the Booking Organisation’s accompanying adults;
Behave responsibly in public spaces and private venues;
Respect members of the public, the guide and other participants;
Comply with applicable laws;
Comply with venue rules;
Do not cause damage, disruption or danger; and
Do not attend while excessively intoxicated or under the influence of illegal drugs.

6.2 The Company may refuse participation to, or remove from the tour, any person whose behaviour:

Presents a safety or safeguarding risk;
Is threatening, abusive, discriminatory, offensive or disruptive;
Places the guide, participants or members of the public at risk;
Causes or is likely to cause damage;
Seriously disrupts the tour; or
Breaches venue rules or reasonable instructions.

6.3 The Company may modify, suspend or end a tour if participant behaviour or a failure of supervision creates a safety, safeguarding or operational risk.

6.4 The Booking Organisation remains responsible for supervising any participant refused entry to, or removed from, the tour.

6.5 The Company is not responsible for providing alternative supervision, transport or activities for a participant who is refused participation or removed from a tour.

6.6 Refunds will not normally be provided where participation is refused or a tour is changed or ended because of participant misconduct, inadequate supervision or a breach of these Terms and Conditions.

7. Public highways, streets and open spaces

7.1 Tours may involve walking through public areas, including:

Roads;
Streets;
Pavements;
Pedestrian crossings;
Public walkways;
Parks;
Squares;
Steps;
Cobbled or uneven surfaces; and
Other public open spaces.

7.2 These areas are not owned, operated, controlled or maintained by the Company.

7.3 The Company cannot guarantee the condition, accessibility, cleanliness or safety of public areas.

7.4 Participants must take reasonable care when using roads, crossings, pavements and other public spaces and must follow reasonable safety instructions given by the guide and accompanying adults.

7.5 The Booking Organisation remains responsible for supervising participants when crossing roads and moving through public spaces.

7.6 Responsibility for the maintenance and repair of public areas ordinarily rests with the relevant local authority, landowner or public body.

7.7 The Company will not be liable for incidents caused solely by the condition or maintenance of a public area, except where liability cannot lawfully be excluded or where the incident was caused or contributed to by the Company’s negligence.

8. Third-party venues and buildings

8.1 Tours may include or pass through buildings, colleges, attractions, places of worship and other premises owned or operated by third parties.

8.2 The Company does not own, operate, maintain or control these premises and cannot guarantee their:

Physical condition;
Accessibility;
Availability;
Safety standards;
Maintenance;
Opening hours;
Admission arrangements; or
Continued inclusion in the tour.

8.3 Participants must comply with the rules and instructions of each venue.

8.4 Access to a venue may be changed, delayed, restricted or withdrawn by the venue without notice.

8.5 The Company may substitute, omit or alter a venue or part of the itinerary where access is unavailable or impracticable.

8.6 The Company will not be liable for incidents caused solely by the condition, operation or management of a third-party venue, except where liability cannot lawfully be excluded or where the incident was caused or contributed to by the Company’s negligence.

9. Personal possessions

9.1 Participants remain responsible for their own money, luggage, mobile phones, clothing and other personal possessions.

9.2 The Booking Organisation should ensure that participants are advised to keep their possessions secure and not leave valuable items unattended.

9.3 The Company does not provide secure storage for participants’ belongings unless expressly agreed in writing.

9.4 The Company will not be responsible for loss, theft or damage to personal property unless it was caused by the Company’s negligence or where liability cannot otherwise lawfully be excluded.

9.5 Any property found by the Company will be handled in accordance with the Company’s reasonable lost-property procedures. The Company does not guarantee that lost property will be recovered.

10. Insurance

10.1 The Booking Organisation is responsible for ensuring that appropriate insurance arrangements are in place for:

Participants;
Its staff;
Accompanying adults;
Medical treatment;
Personal accident;
Personal possessions;
Cancellation and disruption;
Travel to and from the tour; and
Participation in the tour itself.

10.2 The Booking Organisation must determine whether its insurance provides adequate cover for the proposed activity, participants and supervision arrangements.

10.3 Participants should be advised to obtain appropriate travel and medical insurance where they are not already covered under the Booking Organisation’s arrangements.

10.4 The Booking Organisation must not rely upon the Company’s insurance as a substitute for its own required insurance arrangements.

11. Emergencies and incidents

11.1 The Booking Organisation must ensure that at least one accompanying adult:

Has access to an accurate participant list;
Has appropriate emergency contact details;
Is aware of relevant medical or safeguarding information;
Is authorised to act on behalf of the Booking Organisation; and
Can communicate effectively with the guide.

11.2 In an emergency, the guide may contact the emergency services and take such reasonable immediate steps as the guide considers appropriate.

11.3 Any assistance provided by the guide during an emergency does not transfer ongoing supervision, medical, safeguarding or pastoral responsibility to the Company.

11.4 The Booking Organisation remains responsible for contacting parents, guardians, insurers, its own management or other relevant persons.

11.5 The Booking Organisation must notify the Company as soon as reasonably practicable of any material accident, incident, complaint or safeguarding concern connected with the tour.

12. The Company’s duty and liability

12.1 The Company will exercise reasonable care and skill in providing the agreed guiding services.

12.2 Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so, including liability for:

Death or personal injury caused by the Company’s negligence;
Fraud or fraudulent misrepresentation; or
Any other liability that cannot legally be excluded or limited.

12.3 Subject to clause 12.2, the Company will not be responsible for loss, damage, injury, delay or disruption caused by:

A failure by the Booking Organisation to supervise participants appropriately;
A failure by a participant to follow reasonable instructions;
Participant misconduct;
Incomplete or inaccurate information supplied by the Booking Organisation;
A participant’s undisclosed medical, mobility or behavioural needs;
The acts or omissions of the Booking Organisation, its staff, accompanying adults or participants;
The acts or omissions of an independent third party;
The condition or operation of public spaces or third-party venues; or
Circumstances outside the Company’s reasonable control.

12.4 Nothing in these Terms and Conditions removes the Booking Organisation’s responsibility to take reasonable precautions, carry out appropriate risk assessments or maintain suitable safeguarding and insurance arrangements.

13. Failure to meet the Booking Organisation’s responsibilities

13.1 If the Booking Organisation fails to comply with these Terms and Conditions, the Company may, where reasonably necessary:

Refuse to commence the tour;
Delay the start of the tour;
Modify the route or arrangements;
Refuse participation to an individual;
Suspend the tour; or
End the tour.

13.2 The Company will not be responsible for resulting losses where such action is reasonably taken because of:

Inadequate adult supervision;
A safeguarding or safety risk;
Participant misconduct;
Materially inaccurate booking information; or
Another material breach by the Booking Organisation.

13.3 Any refund or additional charge will be determined in accordance with the applicable booking, payment and cancellation terms.

14. Acceptance and confirmation

14.1 By confirming the booking, the Booking Organisation confirms that it:

Has read and accepted these Terms and Conditions;
Has authority to make the booking;
Accepts responsibility for the individuals attending under its arrangements;
Will communicate relevant requirements to participants and accompanying adults;
Will provide appropriate adult supervision for every group containing participants under 18;
Has carried out, or will carry out, its own risk and safeguarding assessments;
Will maintain appropriate insurance arrangements; and
Will ensure that its staff, participants and accompanying adults comply with reasonable instructions and venue rules.

14.2 No individual participant acknowledgement or waiver is required by the Company unless the Company expressly requests one in writing for a particular activity or booking.

14.3 Any failure by the Booking Organisation to circulate these Terms and Conditions does not release the Booking Organisation from its contractual responsibilities to the Company.

Terms And Conditions For Booking Organisations