1. Definitions
“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
“Booking” is a reference to the booking made by you;
“Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data; “you”, “your” and “yours” are references to you the person/company/group/authority making the booking;
“we”, “us” and “our” are references to South Coast Adventures; and
“Website” is a reference to our website - www.south-coast-adventures.co.uk
2. Booking
2.1. Once we have confirmed availability and agreed pricing you will be emailed a booking form to complete and return to us. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of Booking.
2.2. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Booking and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide.
2.3 We reserve the right to amend any activities both before and after booking if the necessity arises, however this will always be discussed with you.
2.4 We shall use our reasonable endeavours to ensure that your Booking commences at the time Booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities Booked and no refunds or compensation will be payable in such circumstances.
2.5 If you are booking on behalf of other participants it is your responsibility to make them aware of these terms and conditions.
3. Prices and Payment
3.1 Once a booking has been agreed a 50% deposit will be payable, your booking will not be secure until this has been received. If you are a company/authority or educational provider we will automatically raise an invoice using the details given on the booking form. All deposits are non-refundable.
3.2 Payment terms can be found on your invoice.
3.3 Final numbers are to be given to South Coast Adventures at the time of booking or no less than one calendar month before your visit, whichever comes first. At this point the final payment will be due. Failure to comply may result in the loss of your booking.
4. Safety
4.1. The Activities are challenging and participation is not without risk. All participants will receive detailed safety briefing from an instructor prior to The Activities commencing.
4.2. We reserve the right to refuse admittance to the Activities or to remove a participant from the Activities should it deem it necessary to do so. This includes a participant who does not comply with the safety rules, advice and the safety system or who is deemed to be under the influence of alcohol or drugs.
4.3. The Activities will remain running in most weather conditions but not in the case of lightning. No refunds or compensation will be payable in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for the reasons set out in this clause.
4.4. All participants are required to complete a South Coast Adventures medical consent form prior to taking part in any activity. In the case of under 18’s this must be completed by a parent/guardian. Failure to provide a completed form will result in the participant being refused, in this incidence the participant will not be given any refunds or compensation.
4.5. Although we do not discriminate against any medical needs it may be necessary for South Coast Adventures to advise against an activity if we feel your safety would be put at risk due to a medical condition.
4.6. We recommend that pregnant women do not take part in any activity with South Coast Adventures due to the associated risks. However, we do not want to be discriminatory and ultimately the choice is yours. We are not medical experts and therefore suggest that you seek advice from your doctor on the matter. If you decide to proceed, you will need to declare that you are pregnant on your medical consent form and then sign a disclaimer stating that: “I have made South Coast Adventures aware that I am pregnant and as a result South Coast Adventures has recommended that I do not take part in any activities. However, I have decided to take part in the full knowledge that this may incur risks to both myself and my unborn child”.
5. Clothing
5.1. It shall be the responsibility of all participants to ensure that they are dressed appropriately and we advise participants to wear clothing appropriate for the weather conditions and which they do not mind getting damaged.
5.2. South Coast Adventures will provide you with a kit list at the time of booking which will detail what clothing restrictions apply to the activities booked.
5.3. We will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.
6. Your Information
6.1. Where we have requested information from you to provide the Booking you agree to provide us with accurate and complete information.
6.2. You authorise us to use, store or otherwise process your personal information in order to provide the Booking to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.
6.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
7. Cancellation and Amendments
7.1 Cancellations:
7.1.1 You must notify us immediately if you decide to cancel your Booking, preferably by email at enquiries@south-coast-adventures.co.uk
7.1.2 No refunds are given for cancellation on your part.
7.1.3. We shall be entitled to cancel your booking at any time. In the event that we decide to cancel your Booking we shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable.
7.1.4 In the event that it proves necessary to close the Activities for reasons beyond our control and in circumstances where your party has commenced participation in the Activities, you shall not be entitled to any refund (in part or in whole). In such circumstances we may, but shall not be obliged to, offer alternative dates or times at reduced rates.
7.2 Amendments:
7.2.1 You must notify us of any amendments you need to make to the Booking.
7.2.2 We shall use our best endeavours to accommodate any amendments to your Booking.
8. Complaints
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to South Coast Adventures, C/O Unit 14 Liberty Close, Woolsbridge Industrial Estate, Three Legged Cross, Wimborne, BH21 6SY or emailed to enquiries@south-coast-adventures.co.uk
9. Our Website
9.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
9.2. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your Booking.
9.3. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service.
10. Intellectual Property Rights
Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
11. Limitation of Liability
11.1. We disclaim any and all liability to you for the supply of the Booking to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Booking. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you however arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
11.2. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our computer system.
11.3. We shall not be held liable for any failure or delay in providing the Booking where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
11.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
12. General
12.1. We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
12.2. We may alter or vary the Terms and Conditions at any time without notice to you.
12.3. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
12.4. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
12.5. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales. 12.6. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
12.7. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.8 Nothing contained in these Booking Terms and Conditions is intended to nor shall limit the liability of us in respect of death or personal injury caused by the negligence of us or of our employees, agents or contractors.