CAVING SERVICES LTD (TRADING AS CAVECLIMB.COM)
TERMS AND CONDITIONS
1. INTERPRETATION
1.1 In these Conditions, the following definitions apply:
"BCA" means the British Caving Association;
"Caving Instructor" means
(a) a person holding a recognised BCA Cave Leader Award or higher who is employed by, and/or is otherwise acting in such capacity for Caving Services Ltd on any session on which you are a Client
(b) a competent and experienced person for whom a statement of competence has been written by a holder of the BCA Cave Instructors Certificate who is employed by, and/or is otherwise acting in such capacity for Caving Services Ltd on any session on which you are a Client
"BMC" means British Mountaineering Council;
"Climbing instructor" or "abseiling instructor" means a person a holding a recognised BMC Rock Climbing Instructor Award(formerly Single Pitch Award) or higher who is employed by, and/or is otherwise acting in such capacity for Caving Services Ltd on any climbing or abseiling session on which you are a Client
"Client" means you and any other Caving Services Ltd customer, as applicable;
"Contract" means the contract between Caving Services Ltd and the Client for the supply of caving leadership services in accordance with these Conditions;
"CRB" means the Criminal Records Bureau;
"Youth Group" means a group of young people under 18 years of age who are members of or affiliated to recognised educational bodies or youth organisations.
"Risk Assessment" means risk to the Client or the public and other cavers is assessed by Caving Services Ltd for each cave and trip; and
"Caving Services Ltd" means a business operating in England and Wales which is owned and run by Andrew and Rachel Sparrow whose registered address is at 87 Redcliffe Street, Cheddar, UK. BS27 3PF
"Caveclimb.com" is a trading identity of Caving Services Ltd. Any agreement or contract made with caveclimb.com is in actuality an agreement or contract with Caving Services Ltd.
2. BASIS OF CONTRACT
2.1 The Contract shall come into existence [on the date on which the Client pays the deposit for the relevant activity].
2.2 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Caving Services Ltd which is not set out in the Contract.
2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
2.4 Caving Services Ltd reserves the right to fill available spaces by adding and combining Clients together. This will not apply to bookings made by Youth Groups where child safeguarding will be paramount.
2.5 Caving Services Ltd reserves the right to offer discounts to potential customers. The provision of a discount to any Client participating in any of our activities shall have no bearing on the payment agreed with any other Client and differences in amounts paid by Clients attending the same activity will not be refunded.
2.6 Caving Services Ltd reserves the right to apply a tiered pricing system making the price per person variable according to the number of places a Client books. Clients paying the higher tiered prices will not receive a refund if additional places on the session are filled by other Clients.
3. WHAT THE CLIENT CAN EXPECT FROM CAVING SERVICES LTD:
3.1 Clients can expect professional and safe leadership and instruction. You can expect Caving Services Ltd and any employee of Caving Services Ltd to be polite, courteous, helpful and provide assistance where necessary.
3.2 All instructors will be qualified according to the standards described in section 1.1.
3.3 Instructors will hold a first aid certificate and will be subject to CRB checks. They will be fully insured through Caving Services Ltd public liability insurance.
3.4 Instructors are expected to follow a code of conduct, respecting the natural environment at all times. They will observe any such access requirements that apply to venues used.
3.5 All Client contact details including email, telephone and home address details will be kept private and not given to any other person or company without the written permission (email acceptable) of the Client.
3.6 Instructors will take every reasonable precaution to ensure the safety of the Clients, based on a Risk Assessment of the activity and/or specific venuere.
3.7 Caving Services Ltd will always try to choose an activity venue suitable for the Client (or the Clients as a group, as applicable) with regard to the level of challenge they would like and this will be dependent on the level of ability the Client shows on the day and any previous experience outdoor activities.
3.8 Caving Services Ltd will keep Clients informed of what to expect during the activity, and will make every effort to provide education in relation to the geology, natural history, ecology and history of the venues used.
3.9 Caving Services Ltd takes no responsibility for the loss, damage or theft of any personal effects belonging to Clients during the caving experience day. Caving Services Ltd will give sound advice about what not to bring on activity sessions with us, but ultimately Client’s possessions remain the responsibility of the Client.
4. WHAT CAVING SERVICES Ltd EXPECT FROM OUR CLIENTS:
4.1 Clients are asked to treat Instructors, landowners, the general public and other Clients with a polite, courteous and respectful manner.
4.2 Clients are asked to remain aware of their surroundings and behave in a sensible manner before, during and following the activity. If any Instructor feels that a Client’s behaviour is detrimental to the safety of the group, themselves or others, including putting venue access at risk with regard to landowners, then Caving Services Ltd reserves the right under these circumstances to terminate the session with immediate effect. In these (very rare) circumstances, no refund for the trip will be made.
4.3 Deposits should be paid in accordance with the invoice sent at the time of booking. Should a deposit be delayed beyond the closing date stated on the invoice, the Client’s place on the session will be offered to other potential Clients.
4.4 The balance of payment is due at least 14 days before the session. To be paid by card or BACS transfers.
4.5 Caving Services Ltd reserves the right to change the location of a session or postpone the session to another mutually agreeable date should the conditions at the chosen location be considered by the Instructor to be too dangerous or unsuitable. In these circumstances an alternative local site may be chosen. If this is not possible, then the session will be rescheduled to a mutually agreeable date.
4.6 Clients may be required to provide additional information regarding age, health, physical fitness and relevant experience prior to their booking. This will help with choosing a suitable venue for Clients and ensure that they are fit to embark on the chosen activity.
4.7 Refunds in the event of a cancellation are to follow this sliding scale:
(a) Cancellation by the Client up until 2 weeks prior to the trip date: 50% refund.
(b) Cancellation by the Client within 2 weeks of the trip date: No refunds will be made. This includes Clients who do not turn up on the day of the trip.
(c) Cancellation by the Client on the day of the trip with regard to a Client being unfit to embark on caving activities due to ill health, lack of fitness, mental capacity or any other reason: no refund will be given.
(d) Cancellation by Caving Services Ltd at any time except in the case of severely prohibitive weather conditions: full refund or a mutually agreed alternative date.
(e) Cancellation by Caving Services Ltd at any time by the Instructor with regard to unacceptable behaviour or a Client unfit to embark on the activity due to ill health, lack of fitness or mental capacity: no refund will be given.
4.8 Clients are not advised to take electronic, valuable or breakable items into caves and to ensure that such items cannot fall from their person while climbing or abseiling. Any such items taken on activity sessions are the responsibility of the Client and Caving Services Ltd will not be liable for any loss or damage.
5. LIMITATION OF LIABILITY
5.1 Nothing in these Conditions shall limit or exclude Caving Services Ltd’ liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
5.2 Subject to clause 5.1:
(a) Caving Services Ltd shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) Caving Services Ltd’ total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Contract amount paid by the Client.
5.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5.4 This clause 5.1 shall survive termination of the Contract.
6. GENERAL TERMS
6.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
6.2 Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Caving Services Ltd.
6.3 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.