The following Terms and Conditions apply arrangements booked with Cumbrian Adventures Limited (“we”, “us”, “our” or “the company”). Together they form the basis of your contract with us. Please read them carefully as they set out our respective obligations. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date.
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 contract shall be formed when the company acknowledges acceptance of the customers booking by taking a deposit payment and sending a confirmation invoice.
- Participation in adventurous activities entails some risk of injury. All staff employed by the company are appropriately trained 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.
- 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.
- Any current price list replaces all previous price lists.
Booking process. Deposit, balance payments & payment methods
- A booking will exist upon when the company takes a deposit payment from a customer and issues a confirmation invoice.
- Deposit amounts vary according to activity and will be confirmed at the time of booking. We do not accept bookings without the payment of a full deposit. Deposit payments are non-refundable.
- Balance payments are due 4 weeks prior to activity date. In the even that the balance is not paid the company will have the discretion to treat the booking as cancelled by the customer.
- Any bookings made within 4 weeks will require full payment at the time of booking.
- Deposits payments are non refundable. Balance payments are due strictly 4 weeks in advance of activity.
- Preferred method for payments is by bank transfer to:
Cumbrian Adventures Ltd Sort Code: 77-25-02 Account Number: 23417260.
- There is a 2% surcharge for payment of the balance by credit or debit card taken through PayPal. We do not accept AMEX or cheques.
Amendments by you
- You can apply in writing to change activity dates as long as it is 4 weeks or more from the original activity date. On receipt of such a request we will try to find suitable alternative dates and an administration charge of £60 is payable once a new date is confirmed. In the event that we are unable to find a suitable alternative date for you, then your booking would effectively be cancelled, and be dealt with under the ‘Cancellations by you’ section of these booking conditions.
- Variations in group numbers must be agreed in writing and may incur additional charges.
- Reductions to group numbers will be subject to our standard cancellation policy detailed below.*Please note that we only host a maximum of two or three groups at any one time. Once we accept your booking it means we will be unlikely to be able to accept another booking for the same time period. Thus any cancellations & amendments, particularly at short notice, can deprive us of the opportunity to run at full capacity.
Cancellations by you
All cancellations must be made in writing and sent either by post or email. The customer will be charged on the following basis:
- Deposits are non-refundable.
- 75% of the total invoice amount where cancellation takes place between 14 and 28 days before prior to the day of your visit to us.
- 100% of the total invoice amount where cancellation takes place less than 14 days before prior to the day of your visit to us, or where cancellation takes place on the day your activities commence with us. No refunds will be given for any customers failing to turn up for a pre-booked activity.
- Customers wishing to amend their arrangements should contact us at the earliest opportunity.*Please note that we only host a maximum of two or three groups at any one time. Once we accept your booking it means we will be unlikely to be able to accept another booking for the same time period. Thus any cancellations & amendments, particularly at short notice, can deprive us of the opportunity to run at full capacity.
Cancellation by the company
- Whilst every attempt is made to ensure that 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 activity.
- In the event of cancellation customers will be offered the choice of either a full refund of the fee paid; or another booking on a different date.
- FORCE MAJEURE; The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of its activities due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
- Customers participating in activities must expect to be involved in adventurous and sometimes strenuous activities. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities.
- Although prior experience and/or training is not necessary on all the 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 company reserves the right to refuse a customers participation in any activity on medical grounds if it is considered to be detrimental to the safety and smooth running of the course. In this event no refund will be payable to the customer.
- Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Customers participating in our activities are expected to comply with all safety guidance and instructions given by Cumbrian Adventures and its staff.
- Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded, with no refund payable. 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.
- 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 more than 1 month after the customers activity date
- … due to 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.
- From time to time photographs taken on Cumbrian Adventures activities may appear in our brochures, promotional material and website. If customers do not wish to be photographed please raise this at the time of booking or with the activity leader at the time.
- Cumbrian Adventures will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your or our insurance policy. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.