Terms and Conditions
Definitions in these terms and conditions
• ‘Company’ means Out There People and providers engaged on its behalf
• ‘Customer’ means any person, firm, company or other legal entity ordering or buying any of the companies’ products or services
• ‘Contract’ means a contract between the company and the customer for the provision of products or services
• Terms and Conditions means these terms & conditions of provision.
Applicability of Terms & Conditions – These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the company unless agreed otherwise in writing by both parties.
Booking Conditions
• All customers under 18 years must be accompanied by a parent or guardian on any course. The parent or guardian needs to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
• The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. With the exception of fair wear and tear the company reserves the right to charge for equipment that has been lost, damaged or misused.
• All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the company.
• The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
• Neither the company website or literature constitutes an offer and the company may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
• All information is produced in good faith that it is accurate at the time of going to press.
• Any current price list replaces all previous price lists.
Fees
• Places can only be reserved by the company receiving a completed booking form and a non-refundable 25% deposit.
• The balance of the fee is payable 6 weeks prior to the commencement of the course. In the event that the balance is not paid the company will have the discretion to treat the booking as cancelled by the customer.
• Balance payments must be received 6 weeks prior to commencement of the course (we cannot guarantee that a reminder will be sent).
• The whole course fee is required to reserve a place for any booking made within 6 weeks of the commencement date of the course.
Cancellation by the customer – All cancellations must be in writing and sent either by email or post. The company will acknowledge a cancellation within 7 days of receiving it, until which point the original booking remains valid.
Customer cancellations are subject to the following:
• Cancellations more than 6 weeks prior to the course date, will incur a 25% charge of the total course fee (the deposit will be forfeited)
• Cancellations less than 6 weeks but more than 4 weeks prior to the course date, will incur a 50% charge of the total course fee.
• Cancellations less than 4 weeks prior to the course date, will incur a 100% charge of the total course fee.
• In the event of a customer not attending or completing the course, 100% of the total course fee will be charged, except in special circumstances when at our discretion, an alternative course place may be offered.
After cancellation is confirmed, we will endeavour to re-sell the course place. If we are able to do this, you will receive a full refund, less the 25% deposit to cover our handling costs.
Customer Insurance – To protect yourself in the event of the above eventualities we strongly recommend you consider obtaining an insurance policy that includes cancellation or curtailment of your trip or holiday.
Amendments by the customer – Substitutions can be made provided at least 1 week notice is given and both the customer and company agree to this change. An administrative charge of £15.00 per substitution will need to be paid, prior to the commencement of the course.
A customer may apply by email or letter to change course or course dates, provided the original course is 6 weeks or more away. An administrative charge of £15.00 is payable at the time of change. Requests to change course or course dates within 6 weeks of it commencing will be dealt with under the terms and conditions above, relating to cancellation by the customer.
Cancellation by the company – Every attempt will be made to ensure that courses/activities actually run. Where a course cannot run as a result of customer cancellation or booked numbers not reaching a workable minimum, the company shall notify the customer at least five days prior to the commencement of the course. In that event, customers will be offered the choice of the following options: –
• A full refund of the fee paid (including deposit); or
• An alternative course date
* Photography based courses require us to be more pragmatic about the weather conditions – nobody is going to enjoy a day or two trying to take photos in torrential rain and it’s not conducive to learning about photography. Where the forecast indicates running the course won’t be practical, we’ll contact you as soon as possible to let you know although this may inevitably be at short notice. Again, customers will be offered:
• A full refund of the fee paid (including deposit); or
• An alternative course date
Force Majeure – The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
Where a force majeure event prevents a course from starting or continuing, we will notify customers as soon as practicable, although the notice period may be unavoidably short, up to and including the scheduled start date. Notwithstanding, in the event of cancellation in this instance we will endeavour to offer customers an alternative course date, agreeable to both the company and the customer.
Health – Customers should expect to be involved in activities that may be considered adventurous and sometimes strenuous and requiring reasonable general health. The customer must satisfy themselves that taking part on the course is within their capabilities. If you have any doubts about the suitability of a course, please don’t hesitate to contact us to discuss this.
As part of the booking process, the medical section must be completed for all customers participating. Prior injuries and/or illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. Information provided is strictly confidential and solely obtained to maximise customer safety and well being. It will never be disclosed to any third party.
Customers must ensure that any medication they may require during the duration of the course is brought with them (e.g. asthma inhalers)
The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and effective running of the course.
Safety Conditions – Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort is made by Out There People staff to provide realistic training in a safe manner. We can help minimize risks, though we can never entirely eliminate them. We therefore draw your attention to British Mountaineering Council’s (BMC) Participation Statement:
Hill walking and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions and involvement.
When booking on any of our courses you must understand and accept this BMC participation statement.
Customers participating in courses are expected to comply with all safety guidance and instructions given by Out There People instructors, or associates working on the company’s behalf.
In the following circumstances, customers will immediately be excluded from the course without refund and will forfeit all professional protection and duty of care from the instructor:
• Customer being unfit to participate due to alcohol or illegal drugs
• Customer disregarding decisions and/or instructor advice in relation to issues of safety
• Wilful actions or behaviour by the customer that could endanger other customers or company representatives
Personal Property – Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the company or its representatives.
Intellectual Property – Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, brochures and other literature shall remain at all time the property of the company. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
Photographs – From time to time photographs taken on Out There People courses may appear on our website or other promotional material. We may also provide customers with photographs as a record of their course. If customers do not wish to be photographed please let us know at the time of booking, or make the course instructor aware of this at the commencement of the course.
Transport – Where possible, we arrange to meet at the venue from which the training will be delivered. However, some courses benefit from using more than one venue to help accelerate learning, and some will switch between outdoor and classroom sessions which may require some travelling.
It may therefore be necessary to use your own vehicle (where you have one) to travel between venues whilst you’re on a course. To minimise the number of vehicles needed, we always encourage car sharing between course participants.
Data Protection – The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employees, agents and sub-contractors to deliver the course and in maintaining the company’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details may be used to advise you of future offers either by post or email. If you do not want to receive future mailings please let us know.
Applicable Law – The contract will be governed by the laws of England any dispute will be dealt under the jurisdiction of the courts of England and Wales.
The statutory rights of the customer are not affected by the above terms and conditions.