general terms and conditions
In these Terms of Conditions ‘Client’ means any person(s), company or organisation wishing to enter into an agreement or business arrangement with the ‘Operator’ under these Terms and Conditions. ‘Operator’ Coastal Survival School, e-mail; email@example.com, web: http://www.coastalsurvival.com/. ‘Course’ any event organised by the ‘Operator’ Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include feminine and vice-versa. The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
2. The contract
Unless otherwise agreed this contract is between the ‘Operator’ and the ‘Client’ and is the sole agreement between those parties. No variation of these Terms and Conditions shall be applicable unless agreed in writing by the ‘Operator’.
3. Booking and Payment
Courses are sold via telephone or via ‘The Operators’ website: http://www.coastalsurvival.com/. Full details of all ‘Courses’ can be found on the ‘Operators’ website. When a purchaser makes an order and payment and the ‘Operator’ accepts it a legally binding contract is made, the Terms and Conditions of which are set out below. These do not affect your statutory rights as a consumer. Acceptance of an order will only be made by the ‘Operator’ once full payment has been received from the purchaser. On payment for a purchased event the ‘Client’ will be provided with a receipt of purchase either by email or post and must provide this for inspection on the day of the course to a representative of the ‘Operator’.
4. Course Cancellations or Alterations by the Operator
Whilst every attempt will be made to run ‘Courses’ when scheduled, some ‘Courses’ may be cancelled by the ‘Operator’ due to unforeseen circumstances such as adverse weather conditions. Should an event be cancelled by the ‘Operator’ an alternative location or date will be offered to the ‘Client’. If a mutually suitable date or location can not be found then a full refund will be offered. Although the ‘Operator’ will endeavour to provide the ‘Client’ with as much notice as possible if cancellation of a ‘Course’ is required, sometimes this is not possible and cancellations may be at the last minute, e.g. due to unexpected adverse weather conditions. Under these circumstances the ‘Operator’ will not be liable for any ancillary costs to the ‘Client’ except the cost of the ‘Course’ as outlined in this clause above. Whilst every effort will be made by the ‘Client’ to strictly adhere to the outlined ‘Course’ there may be situations e.g. due to weather, where a different activity will be offered. Unless the ‘Course’ is radically different from the planned events no refunds or ancillary costs, either full, or part will be given.
5. Cancellation by the ‘Client’
Should the ‘Client’ wish to cancel a ‘Course’ for any reason the ‘Operator’, refunds will only be paid at the ‘Operator(s)’ discretion. A request for a refund must be made in writing by the ‘Client’ within 7 days of cancellation.
6 Limit of Liability for Courses
By their very nature ‘Courses’ are not absolutely free from hazard. The ‘Operator’ makes every effort to minimise risk to the ‘Client’ and will instruct the ‘Client’ in the safe negotiation of any risks that remain. Consequently the ‘Operator’ acknowledges that there are circumstances in which an accident could befall a ‘Client’ without the ‘Operator’ being at fault and therefore to this extent any ‘Client’ is taking part in the ‘Operator’ ‘Course’ at their own risk. The ‘Operator’ will not accept liability for physical injury to a ‘Client’, damages to property, or any losses, consequential or otherwise, unless they are shown to be due to negligence on the part of the ‘Operator’.
7. Age restrictions
Any ‘Client’ must be at least 16 years of age or accompanied by a guardian of at least 18 years of age at the ‘Course’ commencement date, for the full duration of the ‘Course’.
8. Health and Fitness for Courses
A reasonable level of health and fitness is required for ‘Courses’. For example any ‘Client’ should be able to comfortably carry a kit bag of approximately 20kg over uneven, rough or undulating terrain for a distance of approximately 5km. If upon arrival one of the instructors of the ‘Operator’ consider or judge a ‘Client’ to be unfit or unsuitable for the intended ‘Course’ due to ill health, illness or injury, the ‘Client’ will not be permitted to continue and asked to leave. The ‘Client’ will not be entitled to a refund under these circumstances. If the ‘Client’ has any medical condition(s), it is strongly recommended that the advice of a doctor be sought before booking any ‘Courses’ with the ‘Operator’. The ‘Operator’ can not be held responsible for any illness or injury which occurs as a result of a poor standard of health or fitness or any ongoing medical condition(s).
If the ‘Operator’ considers that the behaviour of any ‘Client(s)’ is likely to jeopardise the safety or enjoyment of anyone on the course including the ‘Operators’ staff, those considered responsible will be asked to leave the course and will not be entitled to a refund. If additional costs are incurred to the ‘Client’ through such actions, those responsible shall be held accountable for those increased costs and will be billed accordingly. Alcohol and illegal drugs are strictly prohibited on any of the ‘Courses’. If any ‘Client’ is found intoxicated or in possession of alcohol or drugs, they will be asked to leave immediately and will not be entitled to a refund or any ancillary expenses. You will be encouraged to participate in all tasks but if at any point you wish to remove yourself from a task you may.
The instructions of the ‘Operators’ staff should be followed at all times and the ‘Client’ must comply with all safety regulations and advice. Should a ‘Client’ be found to be jeopardising the safety of others or themselves, or not following the instructions, they will be asked to leave the ‘Course’ and will not be entitled to a refund or any other ancillary expenses.
The ‘Client’ will normally not be asked to bring any other kit to a ‘Course’ apart from appropriate footwear. If the ‘Operator’ considers these to not be suitable the ‘Client’ will be asked to leave and no refund or ancillary costs will be available. Details of the appropriate footwear can be found on the ‘Operators’ website, www.coastalsuvival.com All other equipment will be supplied by the ‘Operator’ and the ‘Client’ will be expected to follow instructions regarding the safe use of such equipment at all times. Failure to follow such instructions will result in dismissal from the ‘Course’. ‘Clients(s)’ will be responsible for any loss or damage to the ‘Operators’ equipment through misuse by the ‘Client(s)’. The ‘Operator’ will not be held liable for any loss or damage to ‘Client(s)’ personal property for whatever reason.
12. Country Code
Respect must be given to the environment(s) used on the ‘Course’. The ‘Client’ will be liable for any damage caused to the environment(s) whether deliberate or negligent. If such damage occurs, the ‘Client’ will be liable to pay the reasonable costs incurred as a result of their actions. Any ‘Client’ found to have caused such damage, or behaving in a way likely to cause such damage will be asked to leave by the ‘Course’ instructor and will not be entitled to a refund or any ancillary costs. The Country Code, local Bye laws and any other laws of the country must be followed at all times. Any ‘Client’ found in breach of the country code, local bye laws or other laws will be asked to leave the course immediately. The ‘Operator’ will not be liable for any refunds or ancillary costs as a result of this.
13. Dismissal of ‘Client’ from ‘Course’
If a ‘Client’ is dismissed from a ‘Course’ by the ‘Operators’ instructors’ under any of these terms and conditions other than Clause 4 above, the ‘Operator’ will not be liable for the cost of the ‘Course’ or any other ancillary costs to the ‘Client’ and the contract between the ‘Client’ and the ‘Operator’ will be considered repudiated.
In the unlikely event that the ‘Client’ has cause for complaint, the complaint should be made to a representative of the ‘Operator’ during the ‘Course’, in order for corrective action to be taken if necessary. However should a problem not be resolved, the complaint should be made in writing within 14 days of the end of the relevant ‘Course’ and posted to the ‘Operators’ address.
All complaints will be dealt with within 14 days.
These ‘Terms and Conditions’ are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales. Thank you for taking the time to read this page. The Coastal Survival School.