Terms & Conditions

Terms and Conditions

These general terms and conditions apply between the seller, as a provider, and the person or others making a booking on the provider's website or through the seller's associated online partners. Please refer to the Cairngorm Mountain website for all terms and conditions relating to products sold by Cairngorm Mountain (Scotland) Limited.

Responsible seller:

Cairngorm Mountain (Scotland) Limited
Cairngorm Mountain
Address: Cairngorm Ski Area, Aviemore PH22 1RB Scotland
VAT Number: SC614703
Email: info@cairngormmountain.co.uk
Phone: +44 (0) 1479 861 261


GENERAL TERMS:

1.INFORMATION ABOUT THESE TERMS

  • What these terms cover. These are the general terms and conditions (“General Terms”) on which we supply our products to you, whether these are services or activities (together the “products”). These terms tell you who we are, how we will provide products to you, how you and we may change or end our contract with you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the details below to discuss.
  • Why you should read them. Please read these terms carefully before you submit your order to us. The placement of an order indicates your acceptance of these General Terms and any specific terms and conditions (“Specific Terms”) applicable to the relevant order. It also creates a binding contractual relationship between you and us in respect of the relevant product.
  • What if they conflict with other terms? These terms and conditions apply generally to our provision of services and activities to you. We also have Specific Terms that are tailored for certain products that we offer. Both sets of terms shall apply to our contract with you. We have strived to ensure there are no conflicting terms between these General Terms and any of our Specific Terms, however if there is a conflict then the Specific Terms shall take priority.


2. INFORMATION ABOUT US AND HOW TO CONTACT US

  • Who we are. We are Cairngorm Mountain (Scotland) Limited(“CMSL”, “us”, “we”, “our”) a company registered in Scotland. Our company registration number is SC614703 and our registered office is at An Lochran, 10 Inverness Campus, Inverness, IV2 5NA. Our registered VAT number is 310 8394 21.
  • How to contact us. You can contact us by telephoning our customer service team at +44 (0)1479 861261 or by writing to us at info@cairngormmountain.co.uk.
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.


3. IF THERE IS A PROBLEM WITH THE PRODUCT

  • How to tell us about problems. If you have any questions or complaints about any products purchased from CMSL, please contact us as soon as possible. You can telephone our customer service team using the details above. Alternatively, please speak to one of our staff on site.


4. USE OF OUR FACILITIES

What conditions apply to use of CMSL facilities? Many of the products offered by us involve use of our facilities. Please be aware that you must comply at all times with (i) the instructions of our staff and (ii) the relevant Specific Terms governing use of our facilities, when you are on our Premises.

Is use of the facilities guaranteed? No, due to our unique position within the Cairngorm mountains and the nature of the products we provide, use of our facilities is highly dependent on the weather conditions on any given day. For more information, on how adverse weather might affect the product offered to you please refer to Section 7 of the General Terms.

BOOKING, PRICE, AND PAYMENT

  • How do I book a particular product? We offer both in-person booking on-site and online booking via our website. You can also purchase tickets for certain products by calling our Ticket Office on 01479 861261. There may be some products that are only available by booking in advance via our website. We advise you to book via our website or by telephone if you are looking for a specific product to be provided on a particular date.
  • How do I make an online booking? In order to make an online booking you will need to set up a secure account on our website. This is to ensure that we have enough information to process your booking appropriately. Once you have set-up your account you can make an online payment for the booking, via our provider Stripe.
  • When is the contract between us formed?
    - If you make an in-person booking,
    the contract between us for the purchase of your product(s) in accordance with these General Terms will be formed upon payment of the sums due by you and when we provide you with your receipt which confirms our acceptance of your offer to purchase the product(s).
    - If you make an online booking, after you have placed an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. If we can accept your order, we will take full payment from you. The contract between us for the purchase of your product(s) in accordance with these General Terms will be formed upon payment of the sums due by you and when we send you an acknowledgement email which confirms our acceptance of your offer to purchase the product(s).
    - If you make your booking over the phone, the contract between us for the purchase of your product(s) in accordance with these General Terms will be formed upon payment of the sums due by you.
  • Where to find the price for the product? The price of the product for on premises orders will be as set out in our price list displayed at our Premises. The price of the products available online will be readily available on our website. All prices displayed shall be inclusive of VAT whether available on premises or online. Additional credit or debit card fees may be apply, but you will be advised of this as part of the booking process. Prices may differ depending on the month, day and time that you choose to book for. We reserve the right to change prices and products at any time without notice.
  • What happens if we got the price wrong? We take all reasonable care to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
  • When you must pay and how you must pay. We accept payment by cash, credit card, or debit card. We do not accept American Express. All products must be paid for at the point of order.
  • Who are your payment providers? All online payments for product(s) will be processed and administered by our provider Stripe in accordance with the Stripe privacy policy which is accessible here. All on-site payments for product(s) will be processed and administered by our provider DOJO in accordance with the DOJO privacy policy which is accessible here.


6. CANCELLATIONS, AMENDMENTS AND REFUNDS

  • Can I cancel or amend my booking? Yes, subject to certain conditions set out below. If you would like to cancel or amend your booking, we require a minimum of 48 hours’ notice. We will not accept any cancellations or amendments within the 48 hours of an upcoming booking. A full charge will be payable where cancellation is made within 48 hours unless in exceptional circumstances, we will review any late cancellation cases on an individual basis. Please email info@cairngormmountain.co.uk or call the Ticket Office on 01479 861261, to cancel or amend your booking.
  • What happens when I request a cancellation? If you request a cancellation more than 10 days in advance of your booking, we shall offer you a full refund minus any relevant booking fees which will be returned to your original payment method within 14 working days. If you request a cancellation within 10 days but not less than 48 hours before your upcoming booking, then we will apply equivalent credit for the cancelled product within your digital wallet. This can be used to purchase or can be allocated towards the purchase of any online product offer by CMSL. Any credit provided must be used within 12 months from the date of cancellation.
  • How will refunds be made?
    - Online Bookings: Where you cancel a booking made online and provide appropriate notice, we will issue a full refund, minus any relevant booking fees, in the form of equivalent credit to your digital wallet. This credit will be applied to your account within 14 working days of the cancellation.
    - On-Site: Where you cancel a booking made on-site, we will provide a refund at the Ticket Office.
    - Telephone Bookings: Where you cancel a booking made over the phone, and payment has been taken in advance, we will provide a refund to your original payment method within 14 working days of the cancellation.
  • What happens if CMSL cancels? Subject to our policy around Site Closure which occurs on the day (set out below), if we cancel your booking for any reason (including a Site closure (defined below) or another obstructive event), we will automatically credit your account with the amount equivalent to the purchase price of the relevant product(s) within 14 days working days of our cancellation. If you would prefer to receive this refund in cash, you may make such a request by emailing info@cairngormmountain.co.ukor calling the Ticket Office on 01479 861261
  • What if my booking is cancelled by CMSL on the day? In instances where we need to cancel a booking part-way through your use, for example due to Site Closure, the following refund policy applies. Where we need to cancel a booking within the first 4 hours of the Site opening then we will provide you with a 50% refund in accordance with the procedure narrated above.
  • What if you have made a discounted booking? If the product purchased has been discounted, you will receive a refund equivalent to the price paid.


7. ADVERSE WEATHER /SITE CLOSURE

  • What happens in bad weather? We are constantly checking incoming weather, if we feel that there is a risk to the safety of you or our staff due to bad weather, we will take the decision to close some or all lifts and tows on site. Where all lifts and tows are closed due to bad weather this is known as a “Site Closure”.
  • What happens in the event of a Site Closure? In the event of a Site Closure you will be required to make your way back to our Base Station as soon as possible and at all times in accordance with the instructions of our staff. We will assess the incoming weather at 30 minute increments and provide you with our best estimate of whether we think that the lifts and tows will re-open later in the day. We accept no responsibility for any injury sustained in circumstances where you ignore (i) a Site Closure; or (ii) the subsequent instructions of our staff.


8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these General Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

    - We are not responsible for any loss or damage:

    i. that is not foreseeable (loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process);

    ii. that is caused by a delaying event outside our control, as long as we have taken all reasonable steps to mitigate such delay; or

    iii. that is something you could have avoided by taking reasonable action, including following our reasonable instructions.

    iv. We are not liable for business losses. We only supply products for the benefit of private consumers. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • We exclude the following losses to the extent able under applicable laws. Except in respect of death or personal injury caused by our negligence, CMSL excludes its liability for any loss or damage that you suffer, or any destruction to or theft of your property, in respect of your use of the facilities.


9. HOW WE MAY USE YOUR PERSONAL INFORMATION

  • How will we use your personal information? When you provide us with personal information we treat that personal information as confidential and will only process that in accordance with applicable data protection legislation and our privacy notice which can be viewed here.


10. CHILDREN

  • Children under the age of 16 must have a responsible parent, guardian or carer (who is over the age of 18) with them on site at all times.
  • If accompanying a child, it is your responsibility to make them aware of the General and Specific Terms which apply to any products purchased or activities undertaken by them and ensure they are followed.
  • If accompanying a child, you must be present at booking/ticket collections and contactable by phone at all other times. Please see the Specific Terms as your presence may be required for particular activities.


11.OTHER IMPORTANT TERMS

  • Updates to these terms. We reserve the right to update these General and Specific Terms at our sole discretion, from time to time. The updated General Terms will be posted on our website.
  • Changes to Price. We reserve the right to update our prices for our products at our sole discretion, from time to time without notification. All updated prices will be presented on our website and shall not affect existing bookings.
  • We may transfer your contract with us to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  • If a court finds part of this contract illegal, the rest will continue in force. If any court or relevant authority decides that some of these terms are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of a contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings against us in the Scottish courts. If you live in England, Wales or Northern Ireland you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.


USE OF OUR SNOWSPORTS FACILITIES – SPECIFIC TERMS:

  • We reserve the right to close all or any of the lifts or tows at any time, for any reason. We accept no liability in respect of and you will not be offered a refund for partial closure of any lifts or tows, only full Site Closure will result in refunds, subject to applicable terms.
  • If you lose your ticket there will be an administration charge to replace it. Please return to the ticket office where you purchased the original ticket. Proof of purchase is required.
  • Our facilities are used at the ticket holder’s own risk. We accept no responsibility for injury, loss or damage unless arising as a direct result of our negligence.
  • Your ticket must be carried with you at all times. Spot checks will be in place and you will be required to show your ticket upon request.
  • The ticket entitles the holder to use all applicable uplift and facilities subject to suitable snow conditions and individual ticket validity.
  • The ticket is sold subject to your compliance with the FIS code of conduct which can be found here http://www.fis-ski.com.
  • The ticket is sold on the understanding that the holder will undertake all activity respecting the European Conservation Site Boundaries as indicated on the piste maps displayed at our Premises.
  • Failure to comply with any of these terms and conditions may result in forfeiture of the ticket.


ACTIVITY GIFT CARDS – SPECIFIC TERMS:

  • Activity Gift Cards are valid for 1 year from the date of purchase.
  • Only persons aged 18 and older are permitted to buy Activity Gift Cards online as value vouchers.
  • Activity Gift Cards can only be used to purchase products sold through our online webshop: https://cairngormmountain.skiperformance.com/en/store#
  • In order to redeem an Activity Gift Card, you must register for an account on our online webshop, then enter the voucher code into your Wallet: https://cairngormmountain.skiperformance.com/en/store#/en/wallet
  • Activity Gift Cards cannot be used to purchase tickets and activities on-site at the Ticket Office and must be used online.
  • Activity Gift Cards cannot be shared among multiple people and should only be redeemed by the recipient.
  • They cannot be redeemed in the form of a cash payout or be used as a payment method for other services offered by Cairngorm Mountain (Scotland) Limited.
  • In case the cost of the product being purchased is less than specified on an Activity Gift Card the remaining value can be used in a later online purchase.
  • The value of an Activity Gift Card can be used together with debit/credit card payment to purchase products on our online webshop.


Mountain Railway Tickets

RAILWAY TICKETS – SPECIFIC TERMS:

  • A Mountain Railway day ticket is not transferable and remains the property of Cairngorm Mountain (Scotland) Limited. Tickets are valid for the day booked and you should allow sufficient time in your journey to arrive at the Ticket Office within your estimated departure slot. If you miss the train you have booked with us we may not be able to offer you a later train or an admin fee will occur.
  • The ticket is sold on the understanding that the holder will abide by the conditions/restrictions laid out in the Cairngorm Mountain Visitor Management Plan and Conservation System and will not exit the top Station onto the mountain. The only exception to this is during the winter snowsports operation and any ticket holder for the railway will be able to leave the building but must stay within the Ski Patrolled Boundary.
  • After the purchase of your ticket you will be emailed a PDF which is your ticket with a QR code. Please present your ticket at the Mountain Railway turnstile to a member of staff for entry
  • If you lose your ticket there will be an administration charge to replace it. Please return to the ticket office where you purchased the original ticket. Proof of purchase is required.
  • If the Mountain Railway is open then we will not give out any refunds, even if your trip has been shortened due to poor weather conditions.
  • The company reserves the right to change prices and services at any time and without notification.
  • The company retains the right to close the facilities at any time, for any reason.
  • The carriage of sports equipment is not permitted on the Funicular with the exception of ski or snowboard equipment during the winter season and mountain bikes to the middle-station in the summer season.
  • A valid Bike Park Uplift Pass (as defined in the Bike Park Tickets Specific Terms) must be acquired for the carriage of mountain bikes. By purchasing a Bike Park Uplift Pass, you are agreeing to abide by these Railway Tickets Specific Terms.
  • The Company’s facilities are used at the ticket holders own risk. The Company accepts no responsibility for injury, loss or damage unless as a direct result of its negligence.
  • The ticket entitles the holder use of the Mountain Railway to unlimited journeys to the top station on day of validity. This excludes off-peak tickets which allow a single return trip only.
  • Animals are not permitted to travel on the railway from The Base Station to The Top Station with the exception of guide dogs or assistance dogs. To coincide with the Visitor Management Plan and Conservation System there is no access outside The Top Station.
    For walkers who have arrived by foot (with dogs) to the Top Station, the dogs are permitted access into the building to catch the train back down if required. Dogs must be kept on a leash at all times and are permitted in the Ptarmigan restaurant. Failure to comply with the above conditions will result in forfeiture of this ticket.
  • Cairngorm Mountain accepts payments by cash, credit card, or debit card. We do not accept American Express.
    The ticket entitles the holder to use all applicable uplift and facilities subject to suitable snow conditions and ticket validity.
    See General Terms for details on bookings, cancellations, amendments and refunds.


Bike Park

BIKE PARK TICKET – SPECIFIC TERMS

All persons entering the Cairngorm Mountain Bike Park must pay for admission or hold a valid ticket which has been obtained from Cairngorm Mountain (Scotland) Limited (“CMSL“, “us“, “we“, “our“), our website, or a third party authorised by CMSL to sell tickets.

These Bike Park Terms and Conditions (the “Terms“) set out the terms and conditions that will apply if you purchase a Bike Park entry ticket from us. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide tickets to you, how you and/or we may change or end the contract, what to do if there is a problem with your tickets and other important information. If you think that there is a mistake in these Terms, please contact us using the details in Section 9 to discuss.

The placement of an order for the purchase of a Ticket indicates your acceptance of these Terms, and the Bike Park Rules and Risk Disclaimer which will be made available to you, and any other applicable terms and conditions which we may make available from time to time.

If you are buying Tickets on behalf of any other person, you accept these Terms on behalf of every visitor, and shall ensure that every such visitor is made aware of these Terms and you shall be responsible for procuring that they are complied with by each member of your party. Each member of your party will be required to sign and agree to the Bike Park Rules and Risk Disclaimer before being allowed to use the Bike Park.

If you choose to hire any equipment from us, our Equipment Rental Terms will apply too.

We bring your attention to Section 10 of these Terms in relation to our liability hereunder.

1. DEFINITIONS

1.1 In these Terms the following words and phrases shall have the following meanings:

1.2 “Bike Park” means the mountain bike park, uplift, and associated facilities located within the Cairngorm Mountain and operated by CMSL;

1.3 “Bike Park Pedal Pass” means a Ticket which does not include any uplift via the Mountain Railway.

1.4 “Bike Park Uplift Pass” means a Ticket which includes unlimited uplift to the middle station via the Mountain Railway.

1.5 “Ticket” means a ticket issued by us (or on our behalf) to access the Bike Park including both the (i) Bike Park Pedal Pass and the (ii) Bike Park Uplift Pass;

1.6 “you” means the purchaser or acquirer of a Ticket, and “your” shall be interpreted accordingly.

PURCHASING TICKETS

2.1 Tickets are sold through this website, cairngormmountain.skiperformance.com, which is operated by us, subject to availability and to these Terms. Tickets may also be available for purchase on the day of your visit, subject to availability, at the Bike Park; however, we cannot guarantee availability at the Bike Park on any particular day, and so advance booking online is strongly recommended.

2.2 You should read these Terms carefully before proceeding, as your purchase constitutes acceptance of these Terms and creates a binding legal contract between us.

2.3 If you purchase your Ticket online, your Ticket will be issued as an e-ticket which can be used to collect physical keycards that must be used to gain entry to the Bike Park. You can choose to print your e-ticket or show your e-ticket on your phone. You must keep your Ticket on your person at all times whilst at the Bike Park.

2.4 If you purchase your Ticket in-person, we will print your Ticket for you. You must keep your Ticket on your person at all times whilst at the Bike Park.

2.5 Tickets are for your use and any person intending to accompany you. Tickets are non-transferable and must not be sold, transferred or advertised for sale.

2.6 It is your responsibility to check your Tickets (including, without limitation, the dates and/or times specified thereon) on receipt and (if you have purchased Tickets in advance) prior to your visit. If you have made a mistake in ordering your Tickets or otherwise it cannot always be rectified later and may mean that we cannot permit you to enter the Bike Park at that time. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake. We will not be responsible or liable for any Ticket that is lost, stolen, or destroyed, or which contains errors.

2.7 We will only accept responsibility for Tickets bought direct from us. If you have any issues with any Tickets issued by our authorised third party re-sellers, please contact them directly.

PRICE AND PAYMENT FOR TICKETS

3.1 Tickets may be made available for sale issued at different prices depending on the month, day, and time you choose to book for. We reserve the right to update our prices from time to time without notification.

3.2 The price will be set at the time we accept your order for Tickets and all prices shall be inclusive of any applicable taxes. Additional credit and debit card fees may (if applicable) also be charged per Ticket, but you will be advised of this as part of the booking process.

3.3 If a particular Ticket is advertised at an incorrect price due to a typographical error or a supplier error, we reserve the right to refuse or cancel an order for such Ticket(s) whether or not said order has been confirmed. In such a case we will make you aware of this and a full refund will be given where you have already paid for such order.

3.4 If you purchase your Ticket online, after you have placed an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. If we can accept your order, we will take full payment from you. The contract between us for the purchase of your Tickets in accordance with these Terms will be formed upon payment of the sums due by you and when we send you an acknowledgement email which confirms our acceptance of your offer to purchase the Tickets.

3.5 If you purchase your Ticket in-person, the contract between us for the purchase of your Tickets in accordance with these Terms will be formed upon payment of the sums due by you and when we provide you with your receipt which confirms our acceptance of your offer to purchase the Tickets.

3.6 All online payments for Tickets will be processed and administered by our provider Stripe in accordance with the Stripe privacy policy which is accessible here. All on-site payments for Tickets will be processed and administered by our provider DOJO in accordance with the DOJO privacy policy which is accessible here.


4.CONDITIONS OF ADMISSION

4.1 Environmental. The Bike Park is situated within the Cairngorm Mountains: a conservation area of outstanding natural beauty and home to some of Britain’s most extraordinary wildlife. Our team are responsible for the conservation of the mountain environment and provide education on the protected lands and wildlife surrounding the ski and Bike Park area. You must always stay on marked trails and follow the directions of our staff. You can read more about our visitor management obligations in our Visitor Management Plan.

4.2 Behaviour. By way of example (which is not an exhaustive list), we may seek to remove a Ticket holder who in our reasonable opinion is: (a) acting under the influence of alcohol or drugs; (b) fails, when requested, to produce proof of identity or age where required for the purposes of compliance with law or other reasonable request; (c) has behaved or is behaving in a manner which, in our reasonable opinion has, or is likely to affect the enjoyment of other attendees at the Bike Park; or (d) uses threatening, abusive or insulting words or displays threatening, abusive or insulting behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace. We may terminate the contract between us and you and/or request that any visitor to our Bike Park leaves our Premises immediately at our sole discretion, in the interests of health and safety of that visitor, other attendees and/or our staff or personnel.

4.3 Safety. By purchasing a Ticket, you agree to:

4.3.1 comply with all Bike Park rules within the Bike Park Rules and Risk Disclaimer;

4.3.2 comply with all CMSL staff instructions whilst on-site;

4.3.3 comply with all safety notices and signage displayed on or around our premises; and

4.3.4 stay within the clearly marked Bike Park trail areas and boundaries.


5. PROHIBITED ITEMS

5.1 You acknowledge that smoking (including e-cigarettes) is not permitted at the Bike Park or within or around the Bike Park except strictly within any designated smoking area (if any).
5.2 You acknowledge and agree that the following are not permitted within the Bike Park and that you shall not seek to bring any of the following into the Bike Park: (a) animals (with the exception of guide dogs); (b) laser pens or other laser devices; (c) your own food and drink; (d) bottles, cans or glass containers; (e) any item which may be viewed or deemed by applicable law as a potential weapon including sharp or pointed objects; or (f) any illegal substances. Please note that there are no left luggage areas at the Bike Park so you should not bring any cases, laptop bags etc.


6. USE OF DETAILS AND DATA PROTECTION

When you provide us with personal information we treat that personal information as confidential and will only process that in accordance with applicable data protection legislation and our privacy notice which can be viewed here.

7. CANCELLATIONS, AMENDMENTS AND REFUNDS

See the General Terms for details on cancellations, amendments and refunds.

8. MISCELLANEOUS

8.1 These Terms and the other documents (if any) referred to herein contain all the terms applicable to the relationship between you and us in relation to the subject matter hereof. We reserve the right to update these Terms at our sole discretion, from time to time. Such updated Terms will be posted on our website.

8.2 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. Separately, if any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.

8.3 No delay on our part in enforcing any provision of these Terms shall either be or deemed to be a waiver or in any way prejudice any rights which we may have under these Terms.8.4 The relationship between you and us is that of independent contracting parties and nothing in these Terms shall be construed as creating a partner, agency or joint venture between you and us.

8.5 You shall not (and shall not purport to) assign or otherwise transfer your rights or obligations under these Terms whether in whole or in part without our prior written consent.

9. CONTACT US

If you have any questions about these Terms, please contact us. We are available by email at info@cairngormmountain.co.uk or phone 01479 861261 between the hours of 9:30am to 4:30pm, 7 days a week.

10. DISCLAIMER AND LIABILITY

10.1 CMSL is responsible for losses you suffer caused by us breaking this contract unless the loss is:

10.1.1 not obvious that it would happen and nothing you said to us before we accepted your order for the tickets meant we should have expected it (so, in the law, the loss was unforeseeable);

10.1.2 caused by a delaying event outside our control, as long as we have taken all reasonable steps to mitigate such delay; and

10.1.3 something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

10.2 Except in respect of death or personal injury caused by the negligence of CMSL, CMSL excludes its liability for any loss or damage that you suffer, or any destruction to or theft of your property, in respect of your use of the facilities.


Mountain Carting

MOUNTAIN CARTING – SPECIFIC TERMS

All persons using Cairngorm Mountain Carts and Track must pay for admission or hold a valid ticket which has been obtained from Cairngorm Mountain (Scotland) Limited (“CMSL“, “us“, “we“, “our“), our website, or a third party authorised by CMSL to sell tickets.

These Mountain Carting Terms and Conditions (the “Terms“) set out the terms and conditions that will apply if you purchase a Mountain Carting ticket from us. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide tickets to you, how you and/or we may change or end the contract, what to do if there is a problem with your tickets and other important information. If you think that there is a mistake in these Terms, please contact us using the details in Section 9 to discuss.

The placement of an order for the purchase of a Ticket indicates your acceptance of these Terms, and the Mountain Cart Rules and Risk Disclaimer which will be made available to you and any other applicable terms and conditions which we may make available from time to time.

If you are buying Tickets on behalf of any other person, you accept these Terms on behalf of every visitor, and shall ensure that every such visitor is made aware of these Terms, and you shall be responsible for procuring that they are complied with by each member of your party. Each member of your party will be required to sign and agree to the Mountain Cart Rules and Risk Disclaimer before being allowed to enter and participate in the Carting Track.

We bring your attention to Section 10 of these Terms in relation to our liability hereunder.


1. DEFINITIONS

1.1 In these Terms the following words and phrases shall have the following meanings:

1.2. “Mountain Carting” means the mountain cart track, uplift, and associated facilities located within the Cairngorm Mountain and operated by CMSL;

1.3 “Ticket” means a ticket issued by us (or on our behalf) to access the Carting. Track;

1.4 “you” means the purchaser or acquirer of a Ticket, and “your” shall be interpreted accordingly.

2. PURCHASING TICKETS

2.1 Tickets are sold through this website, cairngormmountain.skiperformance.com, which is operated by us, subject to availability and to these Terms. Tickets may also be available for purchase on the day of your visit, subject to availability, we cannot guarantee availability for the Mountain Carting on any day, and so advance booking online is strongly recommended.

2.2 You should read these Terms carefully before proceeding, as your purchase constitutes acceptance of these Terms and creates a binding legal contract between us.

2.3 If you purchase your Ticket online, your Ticket will be issued as an e-ticket which must be presented to Hire staff. You can choose to print your e-ticket or show your e-ticket on your phone.

2.4 If you purchase your Ticket in-person, we will print your Ticket for you, to be presented to Hire or Carting staff.

2.5 Tickets are for your use and any person intending to accompany you. Tickets are non-transferable and must not be sold, transferred or advertised for sale.

2.6 It is your responsibility to check your Tickets (including, without limitation, the dates and/or times specified thereon) on receipt and (if you have purchased Tickets in advance) prior to your visit. If you have made a mistake in ordering your Tickets or otherwise it cannot always be rectified later and may mean that we cannot permit you to go Mountain Carting at that time. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake. We will not be responsible or liable for any Ticket that is lost, stolen, or destroyed, or which contains errors.

2.7 We will only accept responsibility for Tickets bought direct from us. If you have any issues with any Tickets issued by our authorised third-party re-sellers, please contact them directly.

3. PRICE AND PAYMENT FOR TICKETS

3.1 Tickets may be made available for sale issued at different prices depending on the month, day, and time you choose to book for. We reserve the right to update our prices from time to time without notification.

3.2 The price will be set at the time we accept your order for Tickets and all prices shall be inclusive of any applicable taxes. Additional credit and debit card fees may (if applicable) also be charged per Ticket, but you will be advised of this as part of the booking process.

3.3 If a particular Ticket is advertised at an incorrect price due to a typographical error or a supplier error, we reserve the right to refuse or cancel an order for such Ticket(s) whether or not said order has been confirmed. In such a case we will make you aware of this and a full refund will be given where you have already paid for such order.

3.4 If you purchase your Ticket online, after you have placed an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. If we can accept your order, we will take full payment from you. The contract between us for the purchase of your Tickets in accordance with these Terms will be formed upon payment of the sums due by you and when we send you an acknowledgement email which confirms our acceptance of your offer to purchase the Tickets.

3.5 If you purchase your Ticket in-person, the contract between us for the purchase of your Tickets in accordance with these Terms will be formed upon payment of the sums due by you and when we provide you with your receipt which confirms our acceptance of your offer to purchase the Tickets.

3.6 All online payments for Tickets will be processed and administered by our provider Stripe in accordance with the Stripe privacy policy which is accessible here. All on-site payments for Tickets will be processed and administered by our provider DOJO in accordance with the DOJO privacy policy which is accessible here.


4. CONDITIONS OF ADMISSION

4.1 Environmental. The Mountain Cart Track is situated within the Cairngorm Mountains: a conservation area of outstanding natural beauty and home to some of Britain’s most extraordinary wildlife. Our team are responsible for the conservation of the mountain environment and provide education on the protected lands and wildlife surrounding the Ski, Bike Park area and Mountain Carting track. You must always stay on marked trails and follow the directions of our staff. You can read more about our visitor management obligations in our Visitor Management Plan.

4.2 Behaviour. By way of example (which is not an exhaustive list), we may seek to remove a Ticket holder who in our reasonable opinion is: (a) acting under the influence of alcohol or drugs; (b) fails, when requested, to produce proof of identity or age where required for the purposes of compliance with law or other reasonable request; (c) has behaved or is behaving in a manner which, in our reasonable opinion has, or is likely to affect the enjoyment of other attendees Mountain Carting or (d) uses threatening, abusive or insulting words or displays threatening, abusive or insulting behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace. We may terminate the contract between us and you and/or request that any visitor to our Mountain Carting leaves our Premises immediately at our sole discretion, in the interests of health and safety of that visitor, other attendees and/or our staff or personnel.

4.3 Safety. By purchasing a Ticket, you agree to:

4.3.1 comply with all Mountain Cart rules within the Mountain Carting Rules and Risk Disclaimer;

4.3.2 comply with all CMSL staff instructions whilst on-site;

4.3.3 comply with all safety notices and signage displayed on or around our Premises; and

4.3.4 stay within the Mountain Cart track and boundaries.


5. PROHIBITED ITEMS

5.1 You acknowledge that smoking (including e-cigarettes) is not permitted at any part of the Mountain Carting activity or within or around the Mountain Cart track except strictly within any designated smoking area (if any).

5.2 You acknowledge and agree that the following are not permitted during Mountain Carting and that you shall not seek to bring any of the following Mountain Carting: (a) animals (b) laser pens or other laser devices; (c) your own food and drink; (d) bottles, cans or glass containers; (e) any item which may be viewed or deemed by applicable law as a potential weapon including sharp or pointed objects; or (f) any illegal substances. Please note that there are no left luggage areas at the Mountain Cart Track so you should not bring any cases, laptop bags etc.

6.CANCELLATIONS, AMENDMENTS AND REFUNDS

See the General Terms for details on cancellations, amendments and refunds.

7. USE OF DETAILS AND DATA PROTECTION

When you provide us with personal information we treat that personal information as confidential and will only process that in accordance with applicable data protection legislation and our privacy notice which can be viewed.

8. MISCELLANEOUS

8.1 These Terms and the other documents (if any) referred to herein contain all the terms applicable to the relationship between you and us in relation to the subject matter hereof. We reserve the right to update these Terms at our sole discretion, from time to time. Such updated Terms will be posted on our website.

8.2 If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. Separately, if any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.

8.3 No delay on our part in enforcing any provision of these Terms shall either be or deemed to be a waiver or in any way prejudice any rights which we may have under these Terms.

8.4 The relationship between you and us is that of independent contracting parties and nothing in these Terms shall be construed as creating a partner, agency or joint venture between you and us.

8.5 You shall not (and shall not purport to) assign or otherwise transfer your rights or obligations under these Terms whether in whole or in part without our prior written consent.

9. CONTACT US

If you have any questions about these Terms, please contact us. We are available by email at info@cairngormmountain.co.uk or phone 01479 861261 between the hours of 9:30am to 4:30pm, 7 days a week.

10. DISCLAIMER AND LIABILITY

EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THESE TERMS, WE HEREBY EXCLUDE ALL LIABILITY UNDER THESE TERMS TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THESE TERMS AND ANY CONTRACT ENTERED INTO WITH YOU PURSUANT TO THESE TERMS


Adventure Play Park

ADVENTURE PLAY PARK – SPECIFIC TERMS


1) USE OF THE ADVENTURE PLAY LETTERS, WINCH CAT & ZIP LINE

  • Users must have a valid play park pass.
  • Children must be supervised at all times.
  • The Zip Line has a maximum weight limit of 80kgs / 12.6 stone.
  • Do not climb on the top of any letters.
  • Do not climb on the letter’s ‘A’, ‘I’, & ‘R’.
  • Do not climb on the roof of the ‘Winch Cat’.
  • Dogs must be kept on a leash at all times.
  • No ball games are allowed.
  • Users must follow all instructions given by Cairngorm Mountain (Scotland) Ltd staff and play park attendants. Failure to follow instruction given by staff may result in your immediate removal from the play park.
  • All incidents should be reported to Cairngorm Mountain (Scotland) Limited, either on-site at the Ticket Office, or by calling 01479 861261. If there is an incident that requires emergency medical attention, please call 999.


2) USE OF THE SNOWFLAKE SLIDE

  • Only ‘Mini’ tubes can be used on the ‘Snowflake’ slide.
  • Participants must be at least 2 years old to use the ‘Mini’ tubes. ‘Mini’ tubes are suitable for those up to the age of 8.
  • Only 1 person may be in a ‘Mini’ tube at a time. You must always remain seated inside the tube with your legs out and hold onto the handles, do not sit upright or lie down.
  • All children using the slide must be supervised at all times by their responsible adult. Please make sure the bottom of the slide is clear before your child sets off.
  • The ‘Snowflake’ slide is not manned by a slide attendant, it is the duty of the participants responsible adult to ensure they adhere to the regulations of the slide and the tubes.


3) USE OF THE JUMPING PILLOW

  • All participants must hold a valid pass to use the jumping pillow.
  • The jumping pillow is not suitable for children under the age of 2 years old.
  • Jumping pillow is for children only, all children must be supervised by an adult.
  • No shoes, bags or sharp objects are permitted on the jumping pillow.
  • For hygiene reasons we ask all participants to wear socks on the jumping pillow.
  • A park attendant will be present, although it is the duty of the participants responsible adult to ensure they adhere to the regulations of the jumping pillow.
  • No food or liquid (including chewing gum) is allowed when using the jumping pillow.
  • High jumping above waist height, summersaults, cartwheels and rough play are not permitted on the jumping pillow.
  • No bouncing or jumping at the edge of the pillow.
  • Access and exit with care and beware that the edge may not provide support if bouncing.
  • Please be aware that when wet the jumping pillow will become extremely slippery and increase the risk of injury.
  • Anyone not following the rules or terms and conditions will be removed by staff.

FAILURE TO ADHERE TO THE ABOVE TERMS AND CONDITIONS MAY LEAD TO INJURY, FOR WHICH THE MANAGEMENT HAS NO RESPONSIBILITY.


BALL RUNS – SPECIFIC TERMS

1) USE OF THE ADVENTURE BALL RUNS

  • All children aged 14 or under must be supervised at all times by their responsible adult. Children will require assistance to reach the ball holes in the Camera Obscura.
  • Do not sit on, climb on, or damage any of the ball runs.
  • Do not use any other balls or objects in the ball runs except the Cairngorm Mountain wooden balls which can be purchased from the Ticket Office or Mountain Shop.
  • If your ball becomes stuck or you require assistance of another nature, please contact a member of staff. Do not attempt to retrieve your ball inside any of the equipment.
  • All incidents should be reported to Cairngorm Mountain (Scotland) Limited, either on-site at the Mountain Shop, or by calling 01479 861261. If there is an incident that requires emergency medical attention, please call 999.
  • in the interests of health and safety of visitors, attendees and/or our staff or personnel, we may seek to remove participants who, in our reasonable opinion are:

  (a) causing damage to the ball run equipment
  (b) fails to be supervised by an adult when age 14 or under
  (c) has behaved or is behaving in a manner which, has or is likely to affect the enjoyment of other attendees at the Ball Runs
  (d) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which contravenes our Terms and Conditions.

  • If you lose your ball, no replacement will be issued. You will require to purchase a new ball from the Ticket Office or the Mountain Shop.


FAILURE TO ADHERE TO THE ABOVE TERMS AND CONDITIONS MAY LEAD TO INJURY, FOR WHICH THE MANAGEMENT HAS NO RESPONSIBILITY.


Equipment Rental

EQUIPMENT RENTAL – SPECIFIC TERMS:

These Equipment Rental Terms and Conditions (the “Terms“) set out the terms and conditions that will apply if you rent any equipment from Cairngorm Mountain (Scotland) Limited (“CMSL“, “us“, “we“, “our“).

These Terms set out the terms and conditions that will apply if you hire any equipment from us, including mountain bikes, skis, or any accessories. Please read these Terms carefully before you submit your order to us. These terms tell you who we are, how we will provide equipment to you, how you and/or we may change or end the contract, what to do if there is a problem with the rental and other important information. If you think that there is a mistake in these terms, please contact us using the details below, to discuss.

The placement of an order for the rental of equipment indicates your acceptance of these Terms, and our Bike Park Rules and Risk Disclaimer which will be made available to you or any rules or disclaimer that may apply to the use of ski equipment of facilities, as appropriate.

We draw your attention to the DISCLAIMER AND LIABILITY section of these terms.


DEFINITIONS AND GENERAL PRINCIPLES

  • “Damage” is any damage occurring to the Equipment.
  • “Equipment” includes all items that we are renting to you for the agreed duration of the rental agreement including all parts and accessories accompanying it at the commencement of the rental.
  • “Hire Date” means the agreed commencement date of the rental of Equipment pursuant to these Terms.
  • “Premises” means the CMSL premises at which the Equipment is allowed to be operated, in the case of snow-sports hire on-piste trails at Cairngorm Mountain, or in the case of mountain-bike hire, the Cairngorm Mountain Bike Park.
  • “you” are the customer who by paying for the rental and are bound by these Terms, and “your” shall be interpreted accordingly.


CONDITIONS: WHAT YOU NEED IN ORDER TO RENT EQUIPMENT

General

  • You must be 16 years of age or older to book and secure Equipment.
  • You must provide security in the form of a credit card, as per the details below.
  • If hiring Equipment on behalf of a child (i.e., a person under 16 years old), you accept these Terms on behalf of that child, and shall ensure that they are made aware of and understand these Terms, and procure that these Terms are complied with by them.
  • You must be over 14 years of age or older to hire or operate an electric bike.
  • Please note snow sports and mountain biking are hazardous sports and by proceeding with this booking you are accepting this risk, in accordance with our Rules and Risk Disclaimer.
  • It is your responsibility to consider weather conditions before booking.
  • By signing electronically at time of the rental equipment you are agreeing to these Terms as well as the acknowledgement of risk.


Security

  • You must provide security in the form of a valid credit card (with an expiry date after the date on which you are to return the Equipment) at the time of collection, in the form of a deposit to cover any loss or damage to the Equipment being hired.
  • We accept most major credit cards. However, as certain credit card companies may not be acceptable (e.g., American Express), it is advisable to verify this with us in advance.
  • No funds will be held or pre-authorised on your card at the time of collection. If any damage is sustained to the Equipment in accordance with Condition of the Equipment below, we will be entitled to charge the credit card for the cost of the damage.
  • In some special circumstances Equipment may be rented against cash or photo ID, but this will be at our sole discretion.


PRICING AND PAYMENT

  • Equipment may be made available for hire issued at different prices depending on the month, day, and time you choose to rental during. We reserve the right to update our prices from time to time without notification.
  • The price will be set at the time we accept your order for the hire of the Equipment, and all prices shall be inclusive of any applicable taxes. Additional credit and debit card fees may (if applicable) also be charged, but you will be advised of this as part of the booking process.
  • If a particular piece of Equipment is advertised at an incorrect price due to a typographical error or a supplier error, we reserve the right to refuse or cancel an order for such Equipment(s) whether or not said order has been confirmed. In such a case we will make you aware of this and a full refund will be given where you have already paid for such order.
  • If you place your order online, after you have placed an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. If we can accept your order, we will take full payment from you. The contract between us for the hire of the Equipment in accordance with these Terms will be formed upon payment of the sums due by you and when we send you an acknowledgement email which confirms our acceptance of your offer to hire the Equipment.
  • If you place your order in-person, the contract between us for the hire of the Equipment in accordance with these Terms will be formed upon payment of the sums due by you and when we provide you with your receipt which confirms our acceptance of your offer to hire the Equipment.
  • All payments for hire will be processed and administered by Stripe in accordance with the Stripe privacy policy which is accessible here.

CANCELLATION, AMENDMENTS & REFUNDS

  • Up to 48 hours prior to your Hire Date, you can: (a) cancel an existing booking and receive a full refund, minus the booking fee; and/or (b) amend your booking, free of charge. To exercise any of these rights, you must contact us by using the details in the Contact Us section below.
  • Within 48 hours of your Hire Date, you are not entitled to change your booking, or receive any refund for cancellations.
  • We will not be obliged to refund any hire Equipment once given out to you, unless the mountain closes and you have not been able to utilise the relevant equipment for longer than 2 consecutive hours.
  • All refunds relating to Equipment hire shall be processed in accordance with the relevant procedures set out within the General Terms.

THE EQUIPMENT: CONDITION, USE AND TECHNICAL PROBLEMS

Ownership

  • The Equipment shall at all times remain the property of CMSL, and you shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of these Terms).

Condition of the Equipment

  • Before leaving the designated hire area within the relevant Premises, we require you to check the condition of the Equipment. Where a defect is found which has not already been highlighted, you must immediately inform our staff, and then reasonably assist us in carrying out a joint examination of the Equipment.
  • You will return the Equipment in the same condition as it was provided at the start of the rental, fair wear and tear excepted.
  • Equipment will be checked by our staff on the return of the rental Equipment. If any damage has been incurred (beyond general fair wear and tear), you will be responsible to pay the cost of repair and replacement parts of such damaged Equipment, unless such damage was caused as a result of our negligence.
  • You are responsible for any repair or refurbishment costs arising out of any careless, reckless or negligent use of the Equipment by you or any third party whom you permit to use such Equipment during the period of your hire, and these costs will be added to the cost of the rental.


Use of the Equipment

  • The Equipment must not be used by anyone other than the person it has been issued to.
  • You undertake to use the Equipment in a responsible manner and in particular, only for the purposes for which such Equipment is intended. The intended purposes are for on piste snow sports only or Cairngorm Mountain Bike Park trails only (as applicable).
  • You must follow any directions or information given by our staff and stay on the designated trails only.
  • You shall not make any alterations to the Equipment and shall not remove any existing component (or components) from the Equipment, without our prior written consent.

Maintenance / Technical Problems

The Equipment will be provided to you in good condition and fit for normal use. If it is not, or if it becomes unfit for normal use during the rental for any reason, you must return it to the hire department immediately.
We will have the choice (at our sole discretion) between replacing the Equipment or issuing you with a refund commensurate with the remaining time on your hire.

RENTAL PERIOD

Conditions

  • You undertake to return the Equipment to us at the agreed place, on the date and at the time agreed with you.
  • The rental duration is calculated on a daily basis.
  • If you hire a mountain bike from us, that bike is to be used within Cairngorm Mountain Bike Park only.


Extension of the Original Duration of the Rental

  • If you hire skis/snowboard and wish to keep the Equipment for a period longer than that originally agreed with you, you must contact the hire department. We make no guarantee that the Equipment rental duration can be extended beyond what is stipulated in the rental agreement.
  • If you hire a mountain bike, such hire is on a day-to-day basis only and there is no option to extend your hire. You must return the Equipment to the hire department at the time agreed with you.


Delivery and Collection Terms

  • You must return the Equipment immediately if we ask you to do so. We may repossess any Equipment without notice or liability where we deem (in our sole discretion) that such repossession is necessary.


End of Rental

  • The end of the rental is defined by the return of the Equipment to the hire department – this should be during the displayed opening times.
  • Late return of Equipment will result in additional charges for each day after the return date. These charges will be in line with the then current daily hire charges for the relevant Equipment at the time of rental.
  • In winter, in exceptional circumstances (such as when the mountain is inaccessible due to adverse weather conditions), equipment should be returned to a designated place which will be notified on the website.


In the Event of Confiscation, Theft or Accident

  • In the event of theft or confiscation of the Equipment by any third party, you must inform us in writing as soon as possible by completing an incident report form which will be given at your request.
    We will then be entitled to take all measures which we deem necessary to protect our rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss) to the Equipment.
  • Cairngorm Mountain (Scotland) Ltd reserves the right to immediately terminate the rental agreement if requested to do so by any appropriate authorities.
  • Any use of the Equipment which may be detrimental to us will entitle us to automatically terminate the rental agreement with immediate effect. You will then return the Equipment immediately or as soon we request.
  • In the event of theft of the Equipment, the rental agreement will be terminated as soon as we have received a copy of the theft declaration made by you to Police Scotland.


USE OF DETAILS AND DATA PROTECTION

  • When you provide us with personal information we treat that personal information as confidential and will only process that in accordance with applicable data protection legislation and our privacy notice which can be found here.


MISCELLANEOUS

  • These Terms and the other documents (if any) referred to herein contain all the terms applicable to the relationship between you and us in relation to the subject matter hereof. We reserve the right to update these Terms at our sole discretion, from time to time. Such updated Terms will be posted on our website.
  • If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. Separately, if any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.
  • No delay on our part in enforcing any provision of these Terms shall either be or deemed to be a waiver or in any way prejudice any rights which we may have under these Terms.
  • The relationship between you and us is that of independent contracting parties and nothing in these Terms shall be construed as creating a partner, agency or joint venture between you and us.
  • You shall not (and shall not purport to) assign or otherwise transfer your rights or obligations under these Terms whether in whole or in part without our prior written consent.


CONTACT US

If you have any questions about these Terms, please contact us. We are available by email at info@cairngormmountain.co.uk or phone 01479 861261 between the hours of 9:30am to 4:30pm, 7 days a week.


DISCLAIMER AND LIABILITY

CMSL  s responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • not obvious that it would happen and nothing you said to us before we accepted your order for the tickets meant we should have expected it (so, in the law, the loss was unforeseeable);
  • caused by a delaying event outside our control, as long as we have taken all reasonable steps to mitigate such delay; and
  • something you could have avoided by taking reasonable action, including following our reasonable instructions for use.


Except in respect of death or personal injury caused by the negligence of CMSL, CMSL excludes its liability for any loss or damage that you suffer, or any destruction to or theft of your property, in respect of your use of the facilities.


Tubing Park

TUBING SLIDES – SPECIFIC TERMS

1) GENERAL – TUBING SLIDES

  • All participants must follow all instructions given by Cairngorm Mountain (Scotland) Ltd staff and slide operators. Failure to follow instruction given by staff may result in your immediate removal from the session.
  • Suitable clothing and footwear must be worn (no open top shoes). We reserve the right to turn away customers who do not come suitably dressed for the activity.
  • We strictly adhere to our manufacturers recommendations when it comes to their tubing system. Due to the nature of the slides design and operation, there is no opportunity for collision therefore wearing of a helmet is not compulsory. However, we do have helmets available should any participant prefer to wear one.
  • A change in temperature and weather can affect the sliding surface at our tubing runs. On wet days we reserve the right to apply a 100kg weight limit to avoid the risk of injury. Anyone over the weight of 100kg will be unable to tube during these conditions.
  • All children must be supervised at all times by their responsible adult.
  • Please remove all loose items including glasses, hats, car keys and mobile devices before your session commences.


2) USE OF THE SPINDRIFT SLIDE

  • Only ‘Medium’ tubes can be used on the ‘Spindrift’ slide.
  • Participants must be at least 4 years old and between 1 and 2 meters tall to use the ‘Medium’ tubes.
  • Only 1 person may be in a ‘Medium’ tube at a time. You must always remain seated inside the tube with your legs out and hold onto the handles. Do not sit upright or lie down.
  • You are not allowed share tubes or take turns, only the individuals accounted for at the time of booking are able to participate.


3) USE OF THE CLIFFHANGER SLIDE

  • Only ‘Medium’ tubes can be used on the ‘Cliffhanger’ slide.
  • Participants must be at least 4 years old and between 1 and 2 metres tall to use this ride.
  • Only 1 person may be in a tube at a time. You must always remain seated inside the tube with your legs out and hold onto the handles, do not sit upright or lie down.


6) USE OF CAIRNGORM MOUNTAIN FACILITIES

  • Cairngorm Mountain (Scotland) Ltd facilities are used at the customer’s own risk. The company accept no responsibility for injury, loss or damage unless as a direct result of its negligence.
  • Cairngorm Mountain (Scotland) Ltd reserves the right to change prices and services at any time and without notification.
  • Cairngorm Mountain (Scotland) Ltd retains the right to close the facilities at any time, for any reason.


7) CANCELLATIONS AND REFUNDS

  • See the General Terms for details on cancellations, amendments and refunds.


Guided Walks

GUIDED WALK – SPECIFIC TERMS:

1) WALK TERMS – ‘CAIRN GORM SUMMIT WALK’

  • CMSL operate a code of conduct for the guided activities whilst using the Mountain Railway. This includes gaining access out of the building, under the agreement of Section 49a/50 signatories as part of the Cairngorm Mountain Visitor Management Plan.
  • All participants of this walk, as part of the condition of sale and condition of carriage are required to stay with the walk guide until the group have returned to the Ptarmigan station.
  • It is not possible under the Terms and Conditions that you leave the group to explore beyond the summit of Cairn Gorm or walk down from the Ptarmigan Top Station.
  • If repeated failure of visitors are not complying with the Terms and Conditions, the guided activity will be longer operate.
  • The walk leader reserves the right to refuse participants if they are not properly equipped for the activity and weather conditions on the day. Suitable footwear is required, e.g., walking boots/trail shoes, warm/waterproof clothing is recommended.
  • Walks are suitable for children aged 6 years and over. Children under this age are welcome in carriers but please be aware footpath conditions are not suitable for strollers, buggies or wheelchairs.
  • Any pre-existing medical conditions must be declared at the time of booking.
  • Dogs are not permitted on the Mountain Railway to reach the start of the walk. Dogs are permitted if walked up to the Top Station.
  • The maximum group size is 10 persons excluding the walk leader. This is for both quality and health and safety purposes. To ensure group size is maintained only those accounted for at the time of booking are able to participate.
  • The weather can change quickly on the mountain. Conditions are assessed on a regular basis. Where possible we will try to notify participants at least 2 hours in advance if the walk is not taking place or if the weather is not suitable for children. This will be by email or SMS broadcast.


4) CANCELLATIONS AND REFUNDS

  • If the minimum number of people have not booked on a guided walk then it will have to be cancelled or re-arranged for another date. We will aim to inform customers at least 48 hours in advance if this is the case and a full refund will be provided.
  • In the event of unsuitable weather at the top of the mountain, an alternative lower-level route may be offered to participants, or the opportunity to transfer to another day if there is space. In the event of being unable to participate in any of the offered alternatives a full refund for the guided walk element of the activity will be provided. Please note that the decision to proceed with the walk rests with the guides employed by CMSL. If you have pre- booked a walk and do not participate no refund will be offered.
  • If you fail to show up for your walk and have not given prior notification, no refund will be provided.
  • See the General Terms for more details on cancellations, amendments and refunds.


Car Parking

1) USE OF CAR PARKS

  • Cairngorm Mountain (Scotland) Limited car parks are used at the vehicle owners own risk.


2) LIABILITY

  • Cairngorm Mountain (Scotland) Limited accept no liability for any loss or damage to vehicles or their contents.


Motorhome Site

1) GENERAL – MOTORHOME SITE

  • ‘Us’, ‘we’ and ‘our’ means Cairngorm Mountain (Scotland) Limited and includes any representative appointed as its agent. ‘You’ means the driver, the passengers and the legal owner of the vehicle. A ‘vehicle’ is defined as any motorised and wheeled device used for transporting visitors.


2) CONTRACT

  • By parking in this site, you acknowledge that you enter into a contract with us on the basis of these terms and conditions.


3) LIABILITY

  • Cairngorm Mountain (Scotland) Limited does not accept any liability for any loss or damage to vehicles or their contents.


4) USE OF THE FACILITY

  • You should arrive at the site no earlier than the specified time on the day of your booking.
  • We ask that you vacate the site by 11AM on the day of your departure, and the area should be left as you found it. Leave no Trace
  • You should not book more than 3 consecutive nights. All users may be subject to spot checks by our staff and must present a valid booking confirmation/ticket when asked. Failure to do so may result in your immediate removal from the facility.
  • You cannot allow other vehicles to enter the facility other than your own registered vehicle, as stated at the time of booking.
  • You and the other members of your party are required to contain your parking and sleeping arrangements/belongings within your allocated parking slot.
  • You are expected to reduce noise levels and vehicle movements between 10PM and 6AM.
  • You may only park at the facility if you are using a motorhome or campervan with an on-board toilet. This can be a cassette toilet on smaller vans. Caravans and tents are excluded from this facility.
  • You must dispose of your chemical toilet waste and grey water into the appropriate tanked facility onsite, or in suitable facilities elsewhere on your onward journey avoiding any spillage and damage to the natural environment.
  • Dogs are welcome but must always be kept on a lead within the site and not allowed off lead out with the site so they do not disturb easily scared wildlife. You are responsible for clearing up after your dog(s) and disposing of their waste appropriately. You are not permitted to take any other pets or animals with you during your stay.
  • You are not permitted to light camping fires or other open fires. You cannot use BBQ’s unless they are raised off the ground and have controllable gas burners. You are permitted to use camping stoves externally from your vehicle for cooking purposes. 
    You must keep your allocated area tidy, do not leave rubbish or other items (such as folding chairs) outside your vehicle as they can get blown away or attract vermin. Please minimise waste, use the designated recycling point on site and where possible take your litter home with you.
    You are expected to follow the Scottish Outdoor Access Code during your stay. You should stay on constructed footpaths in the vicinity and avoid disturbing wildlife below the car park, especially during the ground nesting bird season from April to August. 


5) BOOKINGS

  • It is essential that you book in advance for this facility. Pitches can be reserved online through our website.
  • Pitches can only be booked on a single night basis to cooperate with the provisions of our Visitor Management Plan.
  • The gate code is changed regularly and will be broadcast to all ticket holders via SMS notification 30 minutes prior to the specified arrival time on your tickets. If you do not receive the SMS notification please contact the main office on 01479861261 (9AM – 5PM) or email info@cairngormmountain.co.uk stating your booking reference.


6 ) CANCELLATIONS AND REFUNDS

  • We retain the right to cancel your booking at any time and close the parking facility. You will be refunded your booking fee in full.
  • We retain the right to remove you and your vehicle due to anti-social behaviour or any environmental concerns that you or the behaviour of others in your group may pose to other visitors using the facility or to the surrounding mountain environment. You will not be entitled to any refund.
  • You are parking in a mountain environment, with harsh weather conditions at times, even in summer. You should check weather forecast prior to booking. You should check weather forecasts daily and take appropriate measures to protect yourself, your vehicle, your equipment, and belongings, which you are responsible for. At times we may suspend bookings or close the facility due to weather or forecasted weather. This may be done at short notice. Full refunds will be provided in case of an unexpected closure.
  • Cancellations must be made at least 48 hours in advance of your Motorhome booking by phone (01479 861261) or by email (info@cairngormmountain.co.uk) for a full refund to be provided. A full charge will be payable past this time unless in exceptional circumstances, Cairngorm Mountain (Scotland) Limited will review any late cancellation cases on an individual