Cumulus Outdoor Events Ltd Terms & Conditions

1. Definitions and interpretation

·         These terms and conditions of booking set out our obligations to you and your commitments to us when you book arrangements with us and these together with the information contained in the booking form is the basis of our contract with you.

·         “We” “us” and “our” are references to Cumulus Outdoor Events Limited (“COE”).

·         “You”, “your” or “party” are references to the entity named on the booking form.

·         “In writing” means by facsimile, email or letter.

·         “Lead Customer” means the person who makes the booking on behalf of the entity named on the booking form and who will be our point of contact (and any substitute for this person).

·         “Arrangements” means the accommodation, meals, arrangements, facilities and services (or any of them), as applicable, booked through us by you pursuant to this agreement or any other agreement between you and us.

·         “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include threatened terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.

 2. Bookings

·         A binding contract between us comes into existence as soon as we receive in writing your signed booking form and payment.

·         Should we acknowledge your booking prior to sending a confirmation letter, such acknowledgement will be an indication that we are dealing with your booking and not a confirmation of it.

·         By making your booking with us, you will be regarded as having had the opportunity to have read and understood our Terms and Conditions of Booking and to have actually done so before a contract between us came into existence.

·         You accept that the Lead Customer has the authority to deal with us on your behalf. If for any reason there is a change in the Lead Customer, you should notify us in writing immediately. The Lead Customer must be authorised to make the booking on the basis of these Booking Conditions by all persons on the booking.

·         We can only accept bookings if the Lead Customer is a minimum of 18 years and over.

·         All participants must be over 18 years old unless accompanied by their legal guardian.

·         You must check all documents (including any tickets or vouchers) which we send to you and contact us at once if any information appearing on the booking form or any other document appears to be inaccurate or incomplete.

·         Provisional bookings can be made in writing. These will be held for 10 working days. No booking is binding until a deposit of at least 25% has been paid.

·         No booking is confirmed until we reply in writing within 10 working days of receipt of booking form and payment.

 3. Payment of amounts due

·         A deposit of 25 per cent of the total cost of the Arrangements (or £500, whichever is the greater) must be received by us along with the booking form prior to us confirming the booking.

·         The balance must be paid at least 28 days prior to commencement of the Arrangements. If the booking is made within 28 days of the commencement of the Arrangements, payment in full is required at the time of booking.

·         Payments can be made using a valid credit or debit card, cheque or cash. We do not impose a percentage charge for the use of a credit card.

·         We will provide you with a proforma invoice if requested to assist you in raising a payment.

·         Once we have received payment then we will issue you with a full VAT invoice.

·         If you fail to make all payments due in full and on time we shall treat your booking as cancelled by you and the cancellation charges set out in clause 9 will be payable by you. Where we hold off cancelling (although we are not obliged to do so) because you have asked us for time to pay but you fail to do so you must pay the cancellation charges shown in clause 9 depending on the date we reasonably treat your booking as cancelled.

·         Deposits and fees are not considered paid until the funds have cleared in our bank account. In the event that any funds do not clear into the bank account, the booking will be deemed as cancelled. In the event of invoices issued prior to payment, payment is to be made within 28 days from date of invoice.  A late payment charge of 5% above the Bank of England base rate will be charged if overdue and £10 administration charge will be added for late reminders.

         4. Special requests

·         If you have any special request, you must advise us in writing at the time of booking.

·         Although we will endeavour to meet any specific requirements, we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you.

·         Any additional costs will be invoiced to you prior to the commencement of your Arrangements. Should any additional charge not included in the total price stated on our confirmation letter become payable (for example costs relating to a special request made by you), a revised will be sent to you in writing will be sent to you showing the extra charge.

·         We welcome the participation of disabled people in our experiences, though we recognise that certain experiences may present difficulties for those with disabilities. We are committed to ensuring that disabled customers are given every opportunity to participate, so we ask that you tell us about any relevant disability at the time of ordering. This enables us to do our best to meet the participant’s particular needs. We will be happy to provide information about the disabled facilities available at specific venues on request.

 5. Pricing policy

·         Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the arrangements. We will advise you of any change in price or error of which we are aware before you book with us.

·         We reserve the right to make changes to and correct errors in prices at any time before we receive your signed booking form.

·         Once your arrangements have been booked by you then subject to other clauses in these booking conditions, the price will not change.

·         Please note that the prices quoted to you apply to the minimum number of people required for the event.

·         The minimum number price must be paid for all bookings. Should the number of people included in the booking exceed the minimum, it is likely that the overall price may increase proportionately. You will be required to pay the revised price.

·         Once your signed booking form has been received then, subject to other clauses in these booking conditions, the price will not change.

       

        6. Website descriptions and quotes

·         All website descriptions and quotes are made in good faith and every reasonable care is taken to ensure their accuracy. However, errors may occasionally occur. We reserve the right to make changes to and correct errors in our website descriptions and quotes at any time.

 

 7. Changes and cancellations by us

·         Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. If we have to make a significant change or cancel, we will tell you as soon as possible.

·         If there is time to do so before departure, we will offer you the choice of the following options:

·         Accept the changed arrangements.

·         Purchase alternative arrangements from us, of a similar standard to that originally booked if available. You must pay the applicable price of any such arrangements. This will mean paying more if it is more expensive or receiving a refund if it is cheaper.

·         Accept the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

·         Please note the above options are not available where any change made is a minor one. Except as otherwise expressly set out in these booking conditions our liability for significant changes and cancellations is limited to the above mentioned options. Very rarely, after your Arrangements have commenced we or our suppliers may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that we will be unable to provide any refunds pay you any compensation or any losses or expenses you incur as a result. We will try to assist you to secure alternative arrangements but you will have to pay any associated and/or additional costs in doing so and arising out of the alternative arrangements.

 8. Weather conditions

·         As you will appreciate; we have no control over the weather. The provision of favourable weather to allow you to take part in your chosen activities does not form part of our contractual obligations to you. There is always unfortunately the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your arrangements without paying our normal charges. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.

        9. Changes and cancellations by you

·         If you wish to change your booking in any way we will try to comply with your requests but we cannot guarantee that changes can always be made. Where a change can be made, we will not charge an amendment fee however you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by when making the changes.

·         Where the price of your arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people attending and we will send you a new confirmation in writing. You will be required to pay the increased price.

·         If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. We will make a cancellation charge on the scale shown (less any costs incurred or research / preparation days completed at £250 + vat / day / Crew member):

·         More than 28 days notice: 25% of the total cost of the arrangements in question or the minimum number price for the booking whichever is the greater.

·         Less than 28 days notice: 100% of the total cost of the arrangements in question.

·         Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Please note however the minimum number price must be paid for all bookings as fully described in clause 5 even if the cost for the number of persons on the booking would otherwise total less than the minimum price.

·         We strongly recommend the Lead Customer/organisation/participants take out sufficient travel or holiday insurance that covers cancellations.

        10. Force majeure

·         Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you suffer any damage or loss (as more fully described in clause 11(1) below) as a result of Force Majeure.

        11. Our liability

·         (1)Our agreement with you and the service we provide to you is to source and book the arrangements for you. The majority of the arrangements will be provided by us, however there are times when we make use of external suppliers.  We promise to use all reasonable skill and care in selecting the supplier(s) who will provide your arrangements. We have no responsibility for the provision of the actual arrangements themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.

·         Please note: Sub clauses (2) (4) below are all subject to and without prejudice to sub clause (1) above.

·         (2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

·         the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or

·         the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements and which were unforeseeable or unavoidable; or

·         Force Majeure

·         (3) Please note we cannot accept responsibility for any services which do not form part of your arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any excursion you purchase during your stay. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.

·         (4) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.

·         We shall have no liability for death or personal injury suffered by you, participants, agents or any member of your party save where caused by our proven negligence or wilful default. Save where otherwise provided in these terms, and to the fullest extent permitted by law, we shall have no liability to the participants in respect of consequential loss, economic loss, loss of profit/saving, loss of use and/or loss of enjoyment.

·         Cumulus shall not be responsible for the safety standards or the quality or delivery of the experience, or any loss or damage suffered by you whilst participating in experiences delivered by external Operators. These Operators shall be solely responsible. Sessions involving external Operators include (but not limited to): Gliding, Golf, Fishing, Shooting, Horse Riding, Wakeboarding, Waterskiing, Powerboating, Zapcating, Jetskis and Sailing. By purchasing or redeeming a Cumulus experience voucher, you acknowledge that the experiences are dependent on certain factors beyond the control of Cumulus and agree that Cumulus shall be liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonable control including for weather-related reasons, mechanical failure, location changes or otherwise. We do not undertake any technical examination of equipment, facilities or services in order to minimise personal risk. If it occurs that mechanical machinery breaks down you should expect reasonable substitutions without notice. The total liability of Cumulus for any claim whatsoever in connection with a Cumulus experience gift voucher or any experience shall be limited to the price paid for the experience voucher.

·         12. Insurance

·         You are advised to take out adequate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation in the event of illness or accident.

·         We emphasise that some of the events you may book are by their nature inherently dangerous and by participating in these you acknowledge and assume the inherent risks involved.

·         We cannot be responsible for injury or loss suffered by you other than as expressly set out in these booking conditions. For this reason, we request that you be fully and adequately insured.

·         Additionally, should you participate in events which do not form part of the arrangements booked with us it should be understood that this is also at your own risk and it is your responsibility to obtain the relevant insurance.

·         Please confirm with your insurers that your insurance policy covers the activities you will be participating in.

13. Behaviour

·         We can terminate your arrangements if your behaviour or that of any members in the booking is likely in our opinion to cause distress, damage, danger or to annoy customers, other members of the party, employees, property or anyone else. If you are prevented from travelling or participating in the arrangements because we or any person in authority thinks you appear to be unfit to travel or likely to cause discomfort to or disturb other participants, you will not be able to complete your arrangements and we will not be liable for any refund, compensation or any costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event associated and/or in the same environment which forms part of your arrangements or if any facilities or services are removed as a result of their action.

·         You understand that when you book through us, you accept responsibility for the proper conduct of yourself and other members of the party during your stay. We or the accommodation provider or other supplier reserves the right (acting reasonably) to terminate the arrangement in question of any member of the party due to misconduct. You are also liable to make reimbursements to the accommodation provider or other supplier for any damage caused during your visit. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Some suppliers will require you to make a deposit at the time of arrival in order to cover potential damage. This deposit will be refunded when you leave provided that there is no damage to the suppliers facilities.

·         You agree to ensure that all members of the party comply with all event timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you as a result.

·         You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by our suppliers and observe and obey all laws, requests, conditions of use of any supplier, including accommodation and entertainment venues.

·         Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of our suppliers, been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs incurred by you.

        14. Health

·         Some of the events or activities you may book may require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical problem, allergies or disability which may affect your holiday you must let us know the details of such condition before you make your booking.

·         If in our reasonable opinion we believe that your chosen arrangements are not suitable for you taking into account your medical problem or disability or you are not being accompanied by someone who could provide all the assistance you may reasonably require where it is reasonable for us to require this we can refuse to accept the booking.

·         If we find out after you have made the booking that you have an existing medical problem or disability and you are not being accompanied by someone who could provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we reserve the right to cancel the booking and impose the cancellation charges as set out in clause 9.

·         Please note that some of the arrangements we feature are inherently dangerous and by booking these arrangements you accept the inherent risks please also see clause 12.

·         Clients with special medical conditions should also check that their GP considers them safe to sail and advise us of any such condition when booking. Necessary medication should be bought with you.

        15. Complaints procedure

·         Should you be unhappy with any element of your arrangements, you should notify us immediately, preferably during the event or activity session.

·         If you continue to be dissatisfied on your return, you should write to us setting out your points within 14 days of returning from your event. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint.

·         As it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 11.

        16. Terms and conditions of suppliers

·         Some of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

        17. Miscellaneous

·         You acknowledge and agree that the Package Travel, Package Holidays and Package Tours Regulations 1992 (the Regulations) do not apply to your agreement with us or to the arrangements and that we have no liability under the Regulations.

·         We reserve the right to change these terms from time to time without reference to customers. These terms and conditions do not affect your statutory rights as a consumer, and are governed by and in accordance with English law. You and Cumulus agree that any problems fall under the jurisdiction of the English courts.

        18. Gift vouchers

Vouchers are valid for up to 12 months from date of purchase. You must book your event before this date otherwise the voucher will become invalid.

·         Should you need to re-schedule or cancel a booking you have already made, this is usually possible provided you have given us at least 28 days notice. Should you need to cancel at short notice within this period, we may be able to change bookings, subject to availability. Please ask.

·         Sometimes we have to cancel an experience for reasons beyond our control, such as the weather or mechanical breakdown. We will do our best to notify you as soon as possible and do everything we can to offer an alternative date or time. We regret that, in these circumstances, we unable to reimburse travel, accommodation or any other expenses you may incur.

·         You must ensure that the person / people participating via the gift voucher meet the requirements stipulated in the above clauses.

        19. Images

·         We reserve the right to record events via digital images, photography, video and sound recordings. These will be used only for our marketing purposes and will not be passed on to other parties.

·         If you prefer your event not to be recorded, please inform us in writing prior to or during the event

 

        20. Session lengths

·         Session lengths are approximate and are given simply as an indication of the time you will spend at the venue. Unless stated otherwise, you will usually be taking turns with other people and there may be waiting time involved. We give itineraries as a guide only and the running order of an event may change.

 

21. Availability

·         All our events are offered subject to availability. The most recent information on experience date availability is shown when booking through our website or via proposals and booking forms. Please book as early as possible, preferably at least 28 days in advance or further for peak dates such as weekends or holiday periods. Bookings are not confirmed until you receive confirmation in writing from us. You should not make any arrangements in connection with the experience until you have received your full booking confirmation.

 

22. Data protection

·         We comply with each of the eight principles of the Data Protection Act 1998. Those principles require that data is:

·         Fairly and lawfully processed

·         Processes for limited purposes

·         Accurate

·         Not kept longer than necessary

·         Processed in accordance with the data subjects’ rights

·         Secure

·         Not transferred outside the EU without adequate protection

23. Your privacy

·         We are committed to protecting your privacy. We use the information we collect to make ordering and booking possible. We do not sell, trade or rent your personal information to others. By using our website, you consent to the collection and use of this information by us.

 

24. Health and safety

·         Risk assessments are completed prior to all events.

·         Outdoor activities can be dangerous and require an adequate level of fitness and good health.

·         It is your responsibility to advise us of any medical information which may affect your/their ability to participate, irrespective of how minor the condition.

·         If any member of the party suffer from any medical condition, have any allergies or take any medication we must be advised at the time of the booking.

·         Failure to comply with above clauses will negate your rights to instigate a course of action or follow on proceedings against us. All reasonable care will be taken by us.

March 2010