Definitions in these terms and conditions
• The LLP means Contour Outdoor.
• The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the LLP and includes the employees, servants, agents or sub-contractors of any such person, firm LLP or other legal entity.
• Service means any course, accommodation or facility offered by the LLP
• Contract means a contract between the LLP and the customer for the provision of products or services
• Statutory Interest means statutory interest for the late payment of commercial debts (Interest) Act 1998.
• Terms and Conditions means these terms & conditions of provision.
Applicability of terms and conditions
• These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the LLP.
Booking Conditions
• The contract shall be formed when the LLP acknowledges acceptance of the customers booking form and required payment.
• Participation in adventurous activities entails some risk of injury. All sub-contractors used by the LLP are trained and appropriately qualified to run activity sessions and will at all times proceed in a manner to limit the risk of injury. Whilst Contour Outdoor will undertake risk assessments and take the appropriate measures to mitigate residual risk that remains customers need to accept that accidents and injuries can happen. Third parties can behave in a random and unpredictable manner that defy common sense and objective hazards such as rockfall can happen without warning and in areas that have not seen this type of activity previously
• Any customer under the age of 18 years must have the explicit permission of his/her parent or guardian before being able to take part in any activity/course offered by the LLP. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly. In cases where the parent/guardian is not participating in the activity, then the former must be present, monitoring the activity and in close proximity to allow them to intervene should they - the parent/guardian - feel that it is appropriate to do so
• The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. With the exception of fair wear and tear the LLP reserves the right to charge for equipment that has been lost or misused.
• All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the LLP.
• The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
• Neither the LLP website or literature constitutes an offer and the LLP may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
• All information is produced in good faith that it is accurate at the time of going to press.
• Any current price list replaces all previous price lists.
Fees
Brochure and Closed Courses
• All brochure course fees are exempt of VAT.
• Places can only be reserved by the LLP receiving a completed booking form and the non-refundable deposit.
• A completed booking form plus an official purchase order issued by a recognised buying authority confirming acceptance of our terms and conditions upon which we will issue an invoice for the full amount of the course.
• The balance of the fee is payable 6 weeks prior to the commencement of the course. In the event that the balance is not paid the LLP will have the discretion to treat the booking as cancelled by the customer. The time for payment shall be the essence of the contract.
• The whole course fee is required to reserve a place for any booking made within 6 weeks of the commencement of the course.
• The credit/debit cards accepted are: Visa, Mastercard, Switch, Delta & Solo. Non-refundable deposits will be debited on receipt of the booking form.
Group Bookings & Residential Group Bookings
• Group Bookings and Residential Group Bookings are exempt of VAT
• Provisional bookings must be confirmed by payment of a 10% non-refundable deposit within 14 days of the date of the provisional booking letter except when a purchase order from an approved buying authority is issued.
• Bookings confirmed by an approved purchase order will be invoiced for the total as per the provisional booking letter, 10% of the total will be a non-refundable deposit.
• The balance in the case of non-invoiced events or the total in the case of invoiced events will be due 6 weeks prior to the date of arrival. In the event that the balance is not paid the LLP will have the discretion to treat the booking as cancelled by the customer. The time for payment shall be the essence of the contract.
• Should a booking be made within 6 weeks of the date of arrival the whole fee is required at the time of booking.
Instructor Only and Consultancy Services
• Instructor Only – Educational activities are exempt of VAT
• Consultancy Services – exempt of VAT.
• Provisional bookings can only be confirmed upon receipt of the quoted fee.
• In the case of an approved buying authority issuing a purchase order an invoice will be submitted. The LLP must receive payment in full 6 weeks prior to the provisional date.
All Fees
• If payment is not made in accordance with this condition the LLP reserves the right to charge statutory interest on the overdue/outstanding balance for the period from the date on which payment became due until the date on which payment is made including any period after the date of judgement or decree against the customer.
• In the event of any cheque from the customer being dishonoured a charge of £25, or such other sum as the LLP may from time to time advise the customer will be made to cover bank and administrative costs.
• Cheques should be made payable to “Contour Outdoor” and sent to: Mr R Thomas, Bramley Cottage, Duck Street, Staunton on Wye, Hereford HR4 7LP. Balance payments must be received 6 weeks prior to commencement of the course as no reminders will be sent.
• The credit/debit cards accepted are: Visa, Mastercard, Switch, Delta & Solo. Non-refundable deposits will be debited on receipt of the booking form.
Amendments by the customer (Brochure/Closed Courses)
Substitution of the original customer for another can be made provided at least 2 weeks’ notice is given by the substituted customer to the LLP and the substituting student satisfies the requirement of the course. All substitutions must be made with the consent of the LLP with both the substituted and substituting customer being jointly and severally liable for the total course fee
A customer may apply, in writing, to change course or course dates as long as the original booking is more than 6 weeks from the date of the request. The new course must be one that appears on our website or is in the current brochure. Any requests to change course or course dates within the 6 week period will be dealt with under the terms and conditions relating to cancellation by the customer.
Group Bookings and Residential Group Bookings only:
Variations in numbers must be agreed in writing and may incur additional charges. No variations will be accepted with 6 weeks of the booked date.
Cancellation by the customer (Brochure/Closed Courses)
All cancellations must be in writing and sent either by post, fax or email. The LLP will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
The customer will be charged on the following basis:
• Deposits are non-refundable.
• 75% of the total course fee where cancellation takes place less than 4 weeks but more than 2 weeks before the commencement of the course; or
• 100% of the total course fee where cancellation takes place within the period of 2 weeks before the commencement date of the course; or
• 100% of the total course fee where cancellation takes place on or after the commencement date of the course.
Cancellation by the customer (Group Bookings and Residential Group Bookings)
All cancellations must be in writing and sent either by post, fax or email. The LLP will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
The customer will be charged on the following basis:
• Deposits are refundable.
• 75% of the total fee where cancellation takes place less than 4 weeks but more than 2 weeks before the booked date; or
• 100% of the total fee where cancellation takes place within the period of 2 weeks before the commencement date of the booked date; or
• 100% of the total fee where cancellation takes place on or after the booked date.
Cancellation by the customer (Instructor and Guiding)
The customer will be charged on the following basis:
• 75% of the total fee where cancellation takes place less than 4 weeks but more than 2 weeks before the booked date; or
• 100% of the total fee where cancellation takes place within the period of 2 weeks before the commencement date of the booked date; or
• 100% of the total fee where cancellation takes place on or after the booked date.
Cancellation by the LLP
Whilst every attempt is made to ensure that courses/activities actually run, the LLP will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
The LLP shall notify the customer of cancellation not less than five days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
Cancellation by the LLP does not affect a customer’s right to a refund of travel costs that he/she may have incurred prior to the cancellation and since lost except in the circumstances set out in the clauses above.
In the event of cancellation customers will be offered the choice of the following options: -
• Full refund of the fee paid.
• Another booking on a different date.
Health
Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section must be completed as part of the booking process. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. The LLP reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the course.
Dietary Requirements
Any special dietary requirements must be made at the time of booking; the LLP cannot accept responsibility for not being able to deliver special dietary needs at short notice.
Safety Regulations
Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by the Contour Outdoor staff to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by Contour Outdoor and its sub-contractors.
Unruly Behaviour
Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
Personal Property
Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the LLP or its representatives.
Complaints
If the customer encounters any problem or difficulty the LLP will try and resolve them as soon as is possible. In the first instance report anything either to the instructor, the course director or the management at the centre. If your complaint is not resolved to your satisfaction please write to: Mr R Thomas Bramley Cottage, Duck Street, Staunton on Wye, Hereford, HR4 7LP Your concerns will be dealt with within 28 days of writing.
Force Majeure
The LLP shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the LLP’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the LLP including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
Limitation of Liability
The LLP limits its liability to the maximum extent permitted by law as follows;
• The LLP shall have no liability for any loss or damage suffered by the customer or any other person
• As a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer or agents
• For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the LLP
• Any failure by the LLP to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
• The LLP’s liability in respect of death or personal injury caused by the LLP’s negligence shall not be limited.
Intellectual Property
Copyright and all other intellectual property rights in the products and services shown in the LLP’s price lists, brochures and other literature shall remain at all time the property of the LLP. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
Photographs
From time to time photographs taken on Contour Outdoor courses may appear in Contour Outdoor brochures and promotional material. If customers do not wish to be photographed please raise this with the course instructor at the time.
Data Protection
The personal information requested by the LLP at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the LLP, employees, agents and sub-contractors to deliver the course and in maintaining the LLP’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised LLP personnel. Contact details will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.
Applicable Law
The contract will be governed by the laws of England any dispute will be dealt under the jurisdiction of the courts of England and Wales. The statutory rights of the customer are not affected by the above
Fees
All brochure courses are exempt of VAT
Places can only be reserved by submitting the following: -
• A completed booking form.
• A refundable deposit to the value of 10% of the course fee or a valid purchase order
Course places cannot be provisionally booked or reserved by telephone/fax/email/letter.
All balances must be paid 6 weeks prior to the commencement date of the course.
If a booking is made within the 6 week period prior to commencement the whole fee must be submitted upon booking.
NB: An official purchase order must be issued by a recognised buying authority confirming acceptance of our terms and conditions.
Amendments by the Customer
Substitution of the original customer for another can be made provided at least 2 weeks’ notice is given by the substituted customer to the LLP and the substituting customer satisfies the requirement of the course. All substitutions must be made with the consent of the LLP with both the substituted and substituting customer being jointly and severally liable for the total course fee.
A customer may apply, in writing, to change course or course dates as long as the original booking is more than 6 weeks from the date of the request. The new course must be one that appears on our website or is in the current brochure.
Any requests to change course or course dates within the 6 week period will be dealt with under the terms and conditions relating to cancellation by the customer.
Cancellations by the Customer
All cancellations must be in writing and acknowledged by Contour Outdoor.
The financial cost of cancellation is as follows:
• Deposits are non-refundable
• 75% of the total course fee where cancellation takes place less that 4 weeks but more than 2 weeks before the commencement of the course; or
• 100% of the total course fee where cancellation takes place within the period of 2 weeks before the commencement date of the course; or
• 100% of the total course fee where cancellation takes place on or after the commencement date of the course.
Cancellations by the LLP
Whilst every attempt is made to ensure that courses/activities actually run, the LLP will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
The LLP shall notify the customer of cancellation not less than five days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
Cancellation by the LLP does not affect a customer’s right to a refund of travel costs that he/she may have incurred prior to the cancellation and since lost except in the circumstances set out in the clauses above.
In the event of cancellation customers will be offered the choice of the following options: -
• Full refund of the fee paid; or
• Another booking on a different date.
Booking Form – Conditions
I have had brought to my attention the Terms and Conditions relating to this booking, in particular, those concerning cancellation.
I understand that bookings are accepted on the understanding that all safety regulations imposed by the LLP are observed.
I accept that the LLP is not under any liability whatsoever in respect of loss or damage to personal property not caused by the negligence of the LLP or it’s representatives.
I have had my attention drawn to the information on insurance cover, terms and conditions (signature of parent or guardian if the applicant is under 18. If you are signing for someone under 18 please check that we receive details of any medical or other conditions which may be relevant).
If you are unsure about a conditions’ relevance, please call and ask.
Any disclosures will be treated in the strictest confidence.
