Booking Terms and Conditions
No Limits Development
Booking Terms and Conditions 2020
For the purpose of this document the following terms are used:
“We, Us & Ours” means No Limits Development Limited, registered number 06699241. Registered office address: Tether End, High Gale, Ambleside, Cumbria, LA22 0BG
“Client” – the entity that enters into this Contract and accepts the Terms and Conditions
“Student” – the person who is participating in the Event.
“Parent” – (where applicable) the parent or legal guardian of the Student.
“Group” – the Student(s) and accompanying adults participating in the Event.
“Event” – the training course, programme or learning intervention delivered by Us.
“Force Majeure” – unusual and unforeseeable consequences beyond the reasonable control of Us, the consequences of which could not have been reasonably avoided even if all due care had been reasonably exercised, including (but not limited to ) Events such as war or threat of war, riot, civil strife, industrial dispute, closure or congestion at airports, terrorist activity, health risk, problems with transport, equipment or suppliers, natural or nuclear disaster, outbreak of disease or imposition of quarantine, fire and adverse weather conditions.
“Major Change” includes a significant change in the itinerary, destination or length of the Expedition, or a change in the scheduled time of departure or return by more than 12 hours or any increase in the cost of an Event by more than 10%.
1.1 Confirmation by Us of the Clients booking form gives rise to a contract between the Client and Us (the “Contract”).
1.2 We intend that the terms set out in these Terms and Conditions (the “Conditions”) to be included in the Contract. We urge the Client to read these Conditions carefully
and inform Us if the Client does not understand or agree with anything in these Conditions.
1.3 The Contract can only be changed by agreement in writing between both parties.
1.4 The Client confirms that:
1.4.1 the Client has the full legal capacity and authority to enter into the Contract and that the individual who signs the booking form is authorised to do so.
1.4.2 The booking form has been completed fully and accurately and that the Client will inform Us in writing as soon as possible if any of the details on the booking form have changed.
2.1.1 The price quoted by Us covers the cost of, organising and running of the Event, all associated instruction/ facilitation, specialist equipment, food, accommodation and related charges where applicable.
2.1.2 Participants will provide their own prescribed medical requirements, personal equipment and clothing. A full kit list will be issued before the start of an Event.
2.2 We may increase or decrease the price at any time up to thirty (30) days before departure where any government changes or introduces any change of law, tax, duty or levy which directly affects costs incurred by Us on behalf of the Client or any material increase in the costs to Us of organising and running an Event. We will bear the burden of the first two per cent (2%) of change in price. Changes in excess of two per cent may be charged or credited to the Client. Where the price changes substantially, the Client has the rights as set out in clause 4.4
2.3 We reserve the right to charge the Client reasonable administration costs in relation to any amendment or variation to any Event or the terms of any booking (which shall not be less than £25 per individual change)
3.1 In order to confirm a booking with Us, the Client must send a deposit of 20% of the total cost of the course to Us with the signed Booking form.
3.2 An invoice showing the remaining 80% balance of the total will be sent to the Client once the payment is received by Us in cleared funds.
3.3 Final numbers for the Group must be given to Us 6 weeks before the start date, after which cancellation fees will be incurred as set out in this Booking Form.
3.4 The balance is due not later than one calendar month before the start of the Event.
3.5 Failure to pay any payment on the due date will entitle Us to charge interest at an annual rate of two per cent (2%) above the calculated Base lending rate for Lloyds TSB Bank PLC on a daily basis on the amount outstanding and to recover from the Client any costs or expenses incurred by Us as a result of late payment.
3.6 We reserve the right to withdraw a Student from an Event if any part of the total price payable by or on behalf of such Student is outstanding at the departure date. In this event, the Client shall be entitled to a refund of any amount it has paid in respect of such Student, subject to a deduction of reasonable costs incurred by Us. If in such a situation reasonable costs incurred in respect of such Student exceed the amount paid by the Client, We will be entitled to recover from the Client such additional amount as is needed to cover all reasonable costs. The amounts the Client will be entitled to receive by way of a refund will be calculated using the table set out in Paragraph 4 below.
4 CANCELLATION, ALTERATION AND REFUNDS
4.1 Should you, or any member of your party, need to cancel your programme once it has been confirmed, you must immediately advise us in writing. Any notice of cancellation or withdrawal must be in writing and must be sent either: to Us by the person who signed the booking form; or, by Us to the person who signed the booking form, as appropriate. Your notice of cancellation will only be effective when it is received in writing by us at our offices
As we incur costs from the time we confirm your booking, the following cancellation charges will always be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable. These cancellation charges are payable by you whether or not you have already paid a sufficient amount to us in deposits.
Over 42 days – Reasonable costs and losses
Between 28 & 42 Days inclusive – 30% of the total fee
Between 14 & 27 days inclusive – 75% of the total fee
Under 14 days – 100% of the total fee
4.2 We may cancel this Contract and/or the Event for reasons of unavailability, safety or Force Majeure and in such event the Client will not be entitled to compensation but will have the rights set out in clause
4.3 The Client accepts that as a result of a reduction in numbers of the Group prior to the start of the Event, We may have to change the Event content and the price charged per Student in order to reflect the cost of fixed overheads which cannot be reduced in line with the reduction in numbers. If this amounts to a Major Change to the Event, the Client will have the rights set out in clause 4.4. We will notify the Client of a Major Change as quickly as practicable to enable it to decide whether to accept the change or to cancel the Contract. The Client will inform Us of its decision as soon as possible.
4.4 In the event that We cancel an Event or the Contract (other than when;
4.4.1 Withdrawal from an Event is due to the fault of the Client or Group (clause 4.1); or
4.4.2 The good order, discipline or safety is jeopardised by a Group member or Student, (clause 5.2) ;or
4.4.3 We become aware of any changes in circumstances or health of a Group member
which effects that Group member from participating in the Event (clause 7.2),
or where the Client elects to cancel an Event or the Contract rather than accept a Major Change, then the Client is entitled to:
- Subject to availability, a substitute Event of at least equivalent quality; or
- Subject to availability, a substitute Event of lower quality and a refund of the difference in price between the original and the substitute Event; or
- A refund of the sums paid under the Contract.
5 CONDUCT OF STUDENTS ON THE EVENT
5.1 Whilst an Event is in progress, all decisions shall be made by Us (including staff working on our behalf). The Group shall act in accordance with all reasonable instructions.
5.2 We may withdraw a member of the Group from the Event at any time if We are of the opinion that the said Group member’s presence is likely to prejudice the good order, discipline or safety of the Event, including as a result of the said Group member breaking any law or regulation of any country or establishment where the Event takes place, provided that We exercise reasonable discretion in this regard. In such event, the Client shall not be entitled to any refund but shall pay to Us the costs, losses or expenses which We incur or suffer as a result of the behaviour the said Group member described in this clause 5.2.
5.3 If after departure We are unable to provide a significant proportion of the services agreed to be provided under the Contract We will do our best to make suitable alternative arrangements. If We cannot do so or the Group or any Student refuses to accept such arrangements for good reason We will use reasonable endeavours to transport the Student to a suitable point of departure as soon as reasonably practicable.
6.1 We shall not be liable for any losses related to any business of the Client (such as lost profits) and where We breach this Contract We shall not be liable for any costs or losses suffered by the Client except where those losses are a reasonably foreseeable consequence of the breach.
6.2 Subject to clause 6.1 We accept responsibility for any damage caused to the Client as a result of any failure to perform or improper performance of the services We have agreed to provide the Client under this Contract, except and to the extent that the act or omission causing the damage:
6.2.1 is attributable to the Client or a member of the Group;
6.2.2 is attributable to a third party unconnected with the provision of the services to the Client and is unforeseeable or unavoidable; or
6.2.3 is due to Force Majeure.
6.3 Nothing in this clause 6 shall exclude or limit Our liability for death or personal injury caused through negligence on Our part.
6.4 Subject to 8.1 to 8.3 above, Our total liability (which includes the liability of its employees and agents) to the Client arising out of or in connection with the Event shall be limited to three times the total price paid by the Client under the Contract.
6.5 The Client must report to Us at the earliest opportunity any problem with the services being provided by Us under the Contract so that We can try to remedy such problem. We will not be liable for any complaint not reported by the Client unless there is a valid reason for the failure to report.
7.1 The Client shall notify Us upon confirmation of any booking of any medical conditions and/or disabilities affecting any members of the Group.
7.2 Except as disclosed in writing to Us, the Client confirms that the members of its Group are in good health and it is not aware of any reason why they may be particularly unsuited to taking part in the Event
or may be likely to suffer illness or injury during the Event, taking into account the challenges and purposes of the Event. The Client will inform Us in writing as soon as possible if this position changes before the start of the Event.
7.3 If We become aware of any circumstance, change in circumstance or change in health of a Group member which may affect the suitability of the Group member to take part in the Event, We may withdraw that Group member from the Event and the Client shall not be entitled to any refund of payments made in respect of such Group member under this Contract, provided that We exercise reasonable discretion in this regard. In this situation We shall be entitled to claim or retain sums paid by the Client to cover such loss and costs arising from the cancellation as We are reasonably unable to avoid.
8 DOCUMENTS AND COMPLIANCE
8.1 The Client is responsible for obtaining and having available the necessary documents enabling the members of the Group to participate in the Event and shall comply with all local legislation and regulations of the country or place in which the Event takes place. The Client shall pay Us for any loss or expense which We may incur or suffer as a result of the Clients breach of this clause 8.1.
8.2 The Client is responsible for obtaining the consent of the Students parents or legal guardians to the Students participation in the Event. Adult members of the Group shall have access to emergency contact information and next-of-kin details and shall have obtained parental/guardian consent for emergency medical treatment in the event that a parent or guardian cannot be contacted in an emergency.
9.1 The Client is responsible for arranging insurance for the Group. The Client is strongly advised to obtain insurance to cover cancellation once monies have been paid to Us and, where appropriate, must have in place before departure insurance which covers casualty evacuation, medical expenses, emergency transport home, public liability and the cost of cancellation.
9.2 The Student or Parent is responsible at his or her own cost for cover in relation to possessions, personal effects and money.
9.3 The Client and the Group shall comply with all requirements of our insurers including taking any such action as may be directed by the insurers in relation to any claims or potential claims.
10 ADDITIONAL INFORMATION
10.1 The brochure containing these Conditions may be prepared many months before the Event commences and although every effort is made to ensure complete accuracy it is inevitable that some of the prices or details may have changed since the brochure was printed. We will inform the Students prior to entering into the Contract of any changes it is aware of.
10.2 As a result of the nature of the planning involved in all expeditions, We may not be in a position at the time of Contract to confirm the means of transport, exact departure date, or itinerary. These details will be planned by the Client and Us as part of the programme and once they are agreed the Client will, within fourteen (14) days of being provided with such information, have the options set out in Paragraph 4 if the Client then wishes to withdraw from the Event, except that We shall be entitled to retain such amount as is reasonable to cover costs already incurred by Us in providing the Event.
11 GENERAL MATTERS
11.1 We may sub-contract any of the obligations under this Contract. Where Events or any elements of Events are subcontracted to third parties then our only obligations to deliver those Events or elements of
Events shall be to use all reasonable endeavours to procure those Events are delivered in accordance with the relevant third party’s terms of business.
11.2 If any of these Conditions is found by any court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Conditions and the rest of the Condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
11.3 Either party may transfer the benefit of the Contract to a third party provided that the transfer is due to circumstances outside the Party’s control, that such third party satisfies the conditions applicable to the Event and reasonable notice is given to the other Party of this transfer in advance of the start of the Event.
11.4 This Contract is governed by English and Welsh law and is subject to the jurisdiction of the Courts of England and Wales.
If the Client has a complaint about the Event, the Client must immediately notify Us by post, fax or email. If the Client is not happy with the action in response, please follow this up within 28 (twenty-eight) days of notification of the complaint by writing to us at No Limits Development, Tether End, High Gale, Ambleside, Cumbia, LA22 0BG. We will acknowledge written notification within 7 days and aim to provide a full response within 28 days.