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TERMS & CONDITIONS

DEFINITIONS IN THESE TERMS AND CONDITIONS

● The Company means Connor Crouchen (Ascend Dartmoor Experience).

● 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 subcontractors of any such person, firm company or other legal entity.

● Service means any course or service 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 and 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 company.

 

BOOKING CONDITIONS

● The contract shall be formed when the company acknowledges acceptance of the customer’s 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 manner to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.

● 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, nor 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 publishing.

● Any current price list replaces all previous price lists.

GIFT VOUCHERS

  • All vouchers have a 1 Year expiry date from the date of purchase.

  • Vouchers are only valid with an order number if purchased through our website.

  • These can be used against all our courses.

  • Vouchers can not be redeemed for a cash value.

  • Any refund for a course paid for with a voucher will be the same value voucher but with a new expiry date.

  • No other promotions or discounts can be used along side a gift voucher.

 

AMENDMENTS BY THE CUSTOMER

● Substitution of the original customer for another can be made provided at least 24 hours notice is given by the substituted customer to the company and the substituting customer satisfies the requirement of the course. All substitutions must be made with the consent of the company with both the substituted and substituting customer being jointly and severally liable for the total course fee.

● Variations in numbers must be agreed in writing and may incur additional charges. No variations will be accepted within 24 hours of the booked date.

 

CANCELLATIONS

● Deposits (where applicable) are non-refundable. You are advised to take out your own travel insurance when you book. This may allow you to recover prior payments (usually less an excess) if you have to cancel and the circumstances of your cancellation are covered by the insurance contract.

● Course sizes described on the website are target sizes and may be increased or decreased at the discretion of the Company. The Company gives no undertaking as to the minimum or maximum size of a course but does undertake to ensure that instructors and support staff are supplied in appropriate numbers to ensure the principle objectives of the course can be achieved. Similarly, instructors and support staff named in course descriptions, anywhere in the literature or on the website, may be changed at any time.

● The Company reserves the right to cancel any course which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, the Company will endeavour to ensure that a course runs if at all possible. If your booking is likely to be cancelled under such circumstances, the Company undertakes to inform you as soon as possible; this may occur after the balance due date but will not occur less than 72 hours before the course start date.

● Anyone booked onto a course which is cancelled by the Company will be entitled to a full refund or entitled to transfer to another course and no transfer fee will be payable. Should you transfer to another course any difference in price will be invoiced or credited accordingly.

● Similar cancellation terms are adopted throughout the travel industry and cover the costs of advance payments made by the Company, and the effect of your booking having prevented others from taking your place. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the policy.

 

CANCELLATION BY THE CUSTOMER

● All cancellations must be sent by email or phone (ascenddartmoor@hotmail.com / 07775007071). The company will acknowledge a cancellation within 24 hours of receiving it. Until the customer has received confirmation the original booking remains valid.

● A request to transfer is covered under the same terms as a cancellation.

● A request to transfer for bookings outside of the cancellation period (6 weeks) will be subject to £15 Admin transfer fee, limited to one transfer per booking and will forfeit any future right should the alternative date be cancelled.

The customer will be charged on the following basis:

● 100% of the total course fee where cancellation takes place within the period of 6 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.

CUSTOMER CANCELLATION INSURANCE

● We have Professional indemnity insurance but would always recommend that you purchase your own personal accident insurance (including cancellation insurance) for all U.K. based courses. It is a small cost to give peace of mind and to protect against any monetary loss, should you have to cancel your place on a course for reasons beyond your control.

● British Mountaineering Council www.thebmc.co.uk 0870 010 4878

 

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.

● 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.

● The company is not responsible for any accommodation fees incurred.

 

VENUES & LOCATIONS

● Venues and locations for advertised public courses are not set. We aim to run the sessions at the advertised venues but we always take into account the ability of the group, weather conditions & access.

● You will be notified of a venue change as soon as we are able to.

 

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 on the booking form must be completed as part of the booking process and returned 7 days prior to the booking. 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.

 

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 company to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by the Company and its staff.

 

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 company or its representatives.

 

FORCE MAJEURE

● 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.

 

LIABILITY

● The Company will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the course and where the failure is unforeseeable or unavoidable; an event listed in clause 63 or any other unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or its suppliers, even with all due care, could not foresee or forestall. The Company shall not be liable for any illness, injury or loss of life sustained on any course, except where such illness, injury or loss of life is caused by the negligence of the Company or its employees, nor will the Company be liable for any uninsured loss of personal property.

● For all courses, you are advised to have insurance that covers you for all of the activities.

 

PHOTOGRAPHS

● From time to time photographs taken on the Company’s courses may appear in the Company’s 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 Company at the time of booking plus any subsequent information is held digitally. The information is required to assist the company to deliver the course and in maintaining the company’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 company personnel. Contact details will be used to advise you of future offers by post, email, SMS or phone ONLY if you have given us your permission to do so. If you have not given us your permission to keep you up to date with what is happening at Ascend Dartmoor Experience we are unable to contact you for this purpose.

 

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.

 

GENERAL

● Only the Company’s Directors may promise a refund or offer compensation. The Company’s Instructors or Representatives are not entitled to promise a refund nor to offer compensation and the Company will not be bound by any such promise or offer.

● These booking conditions may only be waived or amended by the Company’s Directors. Such waivers or amendments will only be made in special circumstances, and must be made in writing to be effective.

● When making your booking it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them.

● The Company shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998 and to comply with the General Data Protection Regulation).

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