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Terms and Conditions 2019
Bookings Your Booking provides a guarantee of a place on a scheduled activity session. Cancellation Policy In certain circumstances, we may have to cancel a session, e.g. adverse weather conditions. You may be offered an alternative activity at the same time, or the booking may be transferred to another day. If we are unable to offer a satisfactory alternative, your money will be refunded. If You cancel a booking No refund will be given unless we are able to resell the place that you have booked. TERMS & CONDITIONS 1. Interpretation In these terms and conditions (the “Terms”) the following words shall have the following meanings:- ”KAC” means Keswick Adventure Centre Limited, a company registered in England under Company Number 6733262, with its registered office at Sydenham House, Applethwaite, Keswick, Cumbria, CA12 4PP “Activity” means one of a series of events or actions constituting the Adventure. “Adventure” means the Activity or group of activities and events provided by KAC for You, pursuant to these Terms; “Instructor(s)” means the person or persons employed by KAC who is in charge of each individual activity “Price” shall mean the sum payable by You to KAC in respect of the Adventure pursuant to these Terms; “You and Yours” means the person or persons who contracts pursuant to these Terms with KAC for the provision of services relating to the Adventure 2. Contract Upon receipt of your payment, KAC will send you a confirmation of your booking, to the address stated in the enquiry form, accepting your booking and with any further details of the Adventure. This address may be an e-mail address. 3. General Conditions of Booking 3.1. Each participant, (unless part of a group booking, as set out in Clause 3.2 below) shall complete and sign a booking form and medical form (as set out in Clause 3.3 below). If You are under the age of 18, Your parent or legal guardian must sign the booking form and medical form on Your behalf. 3.2. In the case of group bookings, which for the purposes of these Terms shall mean bookings for two or more people, the person signing the booking form shall be deemed to have the authority of the participants for whom the booking is made. In the booking form, a list of names and addresses of the participants shall be provided. The person signing the booking form shall be responsible for ensuring payment for the Adventure, as set out in Clause 4 below. 3.3. You shall not participate in the Adventure unless a medical form, completed truthfully and accurately and signed by You, or if under the age of 18, Your parent or legal guardian, has been received by KAC. Each participant shall submit a medical form, even if part of a group booking, as set out in Clause 3.2 above. KAC reserves the right to cancel any bookings if you do not comply with this obligation, or if your medical form discloses any matters, which, in the sole opinion of KAC mean that participation in the Adventure is not suitable for you. 3.4. You will be responsible for Your own transport to and from the start and finish points of the Adventure, unless arranged otherwise with KAC. 3.5. Any changes to the Adventure requested by You may involve an administrative charge of £50 4. Payment 4.1. Subject to the following provisions of this clause 4, the Price for the Adventure shall be as specified in the booking form. The sums due are as follows:- 4.1.1. 20% non-refundable deposit is due upon submission by You of the booking form; 4.1.2. the balance of the Price shall be due no later than four weeks prior to the start date for the Adventure. Non-payment of the balance by this date will result in a forfeiture of the deposit as stated in Clause 4.1.1. 4.1.3. in the period following the Adventure an invoice for all further sums due for the Adventure shall be issued and payment shall be made within fourteen days of the issue of such invoice. 4.2. Variations to the payment of any other terms contained within these Terms may only be made between KAC and You by agreement in writing signed by both parties. 4.3. Any bookings made within four weeks of the start date for the Adventure will be paid for in full upon submission of the booking form. 4.4. The Price shall be varied by any new or additional tax or levy imposed by any lawful authority after the booking form was signed. All such alterations in price will be communicated to You as soon as possible. You will have the right to terminate the Agreement if You are unhappy to proceed on the basis of the new Price but You will not be entitled to a refund of the deposit. 5. Safety 5.1. You agree to comply with the instructions given by Your Instructor during the course of any Activity in the Adventure and to comply fully with any health, safety or fire regulation requirements as may be directed by Instructors. Failure to comply will result in the cancellation of the contract and forfeiture of all sums paid. The consumption of alcohol during an Activity is strictly prohibited unless with the express permission of the Instructor. 5.2. Conduct considered by the Instructor to be disruptive, contrary to good order or prejudicial to the interests or the safety of other participants shall result in the immediate exclusion of that participant from the remainder of the activity. At the discretion of KAC the excluded participant may be sent home, and the cost of the remainder of the Adventure will be forfeit. 5.3. KAC reserves the right to refuse the participation of any individual in an Adventure if, in the opinion of any of the Instructors the participant is deemed to be unable to meet the challenges of that activity for any health or safety reason. 6. Data Protection 6.1. You agree that in addition to submitting Your personal information to KAC for booking purposes: 6.1.1. KAC may use Your personal information including photography for administration and future marketing purposes; 6.1.2. KAC may share Your information with its agents, service providers and other carefully selected third parties; 6.1.3. KAC and carefully selected third parties may contact You by mail, telephone, email or fax from time to time about goods and services which may be of interest to You. 6.2. KAC will require to process sensitive information about You, in particular in relation to your health. This information will not be shared with third parties and will be used solely for the purposes of ensuring Your eligibility to and safety during Adventure Activities. 6.3. You have the right to apply for a copy of Your information (for which You may be asked to pay a small fee) and to have any inaccuracies corrected 6.4. KAC confirm that we will use its best endeavours and adequate security measures to keep confidential your personal details (including credit card details) except for the purposes contemplated by this Agreement, or when disclosure is required by law. 7. Cancellation of the Adventure 7.1. By KAC: KAC shall be entitled at their sole discretion to cancel the Adventure upon notice to You in one or more of the following circumstances:- 7.1.1. The closure of areas in which KAC conducts the Adventure or any part thereof; 7.1.2. Failure by You to make payment in terms of Clause 4.1.1; or 7.1.3. The occurrence of any other circumstances which, in the sole opinion of KAC would lead to either the reputation of KAC being damaged or damage being caused to property of KAC. 7.2. In the event of cancellation in the circumstances set out in clause 7.1.1 KAC will either:- 7.2.1. refund any payments made by You, less any administrative costs incurred ; or 7.2.2. offer You alternative dates for another Adventure. 7.2.3. In the event of the activity being called off due to adverse weather or other conditions that could lead to any harm or personal injury being caused to any participants in the Adventure activities KAC will offer an alternate program or an alternate date for your chosen activity where possible. No refund of monies paid will be made. In these circumstances KAC shall not have any further liability to You. 7.3. By You:- 7.3.1. In the event that You cancel an Adventure less than four weeks before the specified date of the Adventure as stated on the booking form, KAC reserves the right to impose the following cancellation charges: 184.108.40.206. Cancellation less than fourteen days before the date of the Adventure – 100% of the total Price; 220.127.116.11. Cancellation between four weeks and fourteen days before the Adventure – 75% of the total Price. 7.3.2. All intimations of cancellation must be made in writing to KAC and will be effective on the date of actual receipt by KAC. 8. Limitations on Liability 8.1. KAC will not accept any responsibility for any items of personal property of You or other participants at the Adventure. All items of property are brought entirely at the owners risk. The cost of returning lost property if eventually found will be entirely borne by You. 8.2. KAC reserves the right to cancel its agreement with You or to limit its compliance in any way with its obligations as set out in the booking form and these Terms to the extent that it is prevented or delayed in the carrying out of its obligations due to circumstances beyond its reasonable control including without limitation, accident or breakdown of plant and machinery, acts of god, compliance with any law or governmental order, rule, regulation or direction, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, non-compliance by any sub-contractor or strikes or failure of any service, any of which circumstances shall mean “Force Majeure” in these Terms. 8.3. If KAC is prevented or delayed in the performance of its obligations hereunder by reason of Force Majeure, it shall forthwith serve notice in writing on that effect to You specifying the nature and extent of the circumstances giving rise to Force Majeure, and shall, subject to the service of such notice, have no liability in respect of the performance of such of its obligations as are prevented by the Force Majeure events during the continuance of such events. 8.4. In the event of KAC claiming to be prevented or delayed in performance of its obligations under these Terms by reason of Force Majeure, it should use its reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which the agreement with You may be performed despite the continuance of the Force Majeure event. 9. General 9.1. KAC will take reasonable steps to fulfil its obligations in respect of any Adventure, in accordance with the details set out in the Brochure and these Terms, to the best of its ability, but if unable to do so, KAC reserves the right to provide an alternative service of an equivalent standard at no additional cost to You. 9.2. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected Notes:- 1. While KAC takes all possible steps to ensure the safety of all participants in its adventures, you should understand that all outdoor activities present an element of risk to the participant. KAC has a rigorous risk assessment and set of operating procedures which are designed to minimise risk, but participants are advised that it is not possible to control all factors, especially those dependent on nature. Adventure activities are also likely to subject participants to getting wet and / or dirty and occasionally an element of discomfort. 2. If you are suffering from a known medical condition or allergy such as (without prejudice to the generality of the foregoing) angina, asthma, diabetes, epilepsy, dizziness or a heart condition, which might incapacitate you, or you may be pregnant or have recently been discharged from hospital, you should be aware that it might be highly dangerous to participate in Adventure activities. If you are in any doubt about fitness for participation, please consult your doctor before applying. 3. If you are taking prescription drugs, you must present KAC with a doctor’s note stating, in plain language, the condition and the drugs prescribed. You must ensure that you are equipped with the correct drugs and dosage. 4. Your safety is of paramount importance to KAC and we endeavour to use all the latest equipment, methods and experienced instructors to ensure maximum safety at all times. Instructors holding as a minimum, the certificate required by the governing body of the particular activity, as well as a first aid certificate, will facilitate all Adventure activities. 5. For water based activities, You confirm that you are able to swim at least 50 metres in light clothing;
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