Definitions In these terms and conditions
- The company means Wild Spaces and all of its divisions and subsidiary company’s.
- The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees servants, agents or sub-contractors of any such person, firm company or other legal entity.
- Service means any course, accommodation or facility offered by the company
- Contract means a contract between the company 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.
- The contract shall be formed when the company acknowledges acceptance of the customers booking form and required payment.
- Participation in adventurous activities entails some risk of injury. All staff employed by the company are trained and appropriately qualified to run activity sessions and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
- 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 company. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
- 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 company 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 company.
- The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
- Neither the company website or literature constitutes an offer and the company 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.
Instructor Only and Consultancy Services
- Instructor Only – Educational activities are exempt of VAT
- Consultancy Services – may be invoiced with Standard Rated VAT added.
- 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 company must receive payment in full 6 weeks prior to the provisional date.
Cancellation by the customer (Instructor & 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 company
Whilst every attempt is made to ensure that courses/activities actually run, the company 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 company 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 company 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.
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 company 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.
Any special dietary requirements must be made at the time of booking, the company cannot accept responsibility for not being able to deliver special dietary needs at short notice.
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 Wild Sapces 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 Three Peaks Mountaineering and its staff.
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.
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 company or it’s representatives.
If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything either to the instructor or the course director. If your complaint is not resolved to your satisfaction please write to the Dave Sarkar, Three Peaks Mountaineering, 94 Victoria Gardens, Leeds, LS18 4PH. Your concerns will be dealt with within 28 days of writing.
The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company 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 company limits its liability to the maximum extent permitted by law as follows;
- The company 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 its employees 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 company
- Any failure by the company to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
- The company’s liability in respect of death or personal injury caused by the company’s negligence shall not be limited.