Terms & Conditions
Definitions in these terms and conditions
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The customer means any person, firm, company or other legal entity which places an order or buys any products or services from Lakes Outdoor Experience and includes the employees servants, agents or sub-contractors of any such person, firm company or other legal entity.
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Service means any course, accommodation or facility offered by Lakes Outdoor Experience.
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Contract means a contract between Lakes Outdoor Experience and the customer for the provision of products or services.
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Course(s) means the course or activity offered by Lakes Outdoor Experience that the customer has requested to participate in.
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Terms and Conditions means these terms & conditions of provision.
Booking Conditions
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The contract shall be formed when Lakes Outdoor Experience acknowledges acceptance of the customers booking form and recieves payment of a deposit upon which, a “Confirmation of Booking” will be issued by email.
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Participation in adventurous activities entails some risk of injury. All staff employed by the company are trained and appropriately experienced to run our activities and courses and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
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Any customer under the age of 18 years must have the explicit permission of his/her parent or guardian before being able to take part in any course offered by the company. The parent or guardian will need to accompany the participant on the course. The parent or guardian will need 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 by Lakes Outdoor Experience for use during the course. With the exception of fair wear and tear, Lakes Outdoor Experience reserves the right to charge for equipment that has been lost or misused.
- All bookings are accepted by Lakes Outdoor Experience on the basis that the customer will, at all times, observe the safety rules/regulations set by the company.
- The contract is subject to acceptance by the customer of these terms and conditions.
Fees
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All fees are inclusive of VAT.
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The customer's booking can only be confirmed by Lakes Outdoor Experience on receipt of a completed booking form and the relevant deposit of 30% of the full course fee; or
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A completed booking form plus an official purchase order is issued by a recognised buying authority confirming acceptance of our terms and conditions, upon which we will issue an invoice for the full amount of the course. However, in these circumstances, if the invoice issued, is not fully paid, then the booking remains provisional and Lakes Outdoor Experience reserves the right to cancel if A. No reasonable explanation is given for the shortfall or B. The client fails to make up the shortfall as requested, within the timeframe indicated by Lakes Outdoor Experience.
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Where a booking has been made and a 30% deposit has been paid, the balance of the total course fee is payable 4 calendar 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.
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For bookings made within 4 calendar weeks of the course date, payment of the full fee will be payable at the time of booking.
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Gift Certificates must be paid for in full at the time of booking and will remain valid until for 12 months/365 days from the date of issue. Requests to extend the redemption period of gift certificates beyond their date of expiry will not be granted. If prices increase during the period of validity of any gift certificate then that price increase will apply.
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Payment will be made via online banking into our designated bank account. Details will be provided to you when we acknowledge receipt of your enquiry.
Variations in numbers
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Increases in numbers must be agreed with Lakes Outdoor Experience no more than 7 calendar days prior to the course date and may incur additional charges.
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Decreases in numbers requested greater than 4 calendar weeks prior to the course date will be accepted by Lakes Outdoor Experience and a relevant refund for those not attending will be provided.
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Decreases in numbers requested by the customer between 2 and 4 calendar weeks of the course date will attract a refund, less 30% of the value of the fee charged for each of the group members no longer attending.
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No refund will be available for decreases in numbers that are requested within 2 calendar weeks of the course date.
Date changes
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Date changes requested by the customer greater than 4 calendar weeks from the course date will be accepted by Lakes Outdoor Experience at no charge, subject to availability of Lakes Outdoor Experience to deliver the course on the new date.
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Date changes requested by the customer between 2 and 4 calendar weeks of the course date will incur a fee of £50 per booking where the booking value is £200 or more and £30 per booking where the booking value is less than £200 and will be accepted by Lakes Outdoor Experience, subject to availability of Lakes Outdoor Experience to deliver the course on the new date.
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Cancellation terms following a reschedule will be based on the original course date.
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Further date changes will incur the same charges as outlined above.
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Date changes requested by the customer within 2 calendar weeks from the course date will not be possible and will be treated as a cancellation.
Cancellation by the customer
Cancellation charges are as follows:
- Cancellations made greater than 4 calendar weeks prior to the course date will attract a refund less a 20% administration fee.
- Cancellations made between 3 and 4 calendar weeks of the course date will attract a refund, less 30% of the total value of the booking.
- No refund will be available for cancellations that are made within 3 calendar weeks of the course date.
- We strongly recommend that insurance is taken out, by you to cover you in the event of last minute cancellations. This is readily available from 3rd parties, for example https://www.thebmc.co.uk/insurance
Cancellation by Lakes Outdoor Experience
Whilst every attempt is made to ensure that courses/activities actually run, Lakes Outdoor Experience will notify the customer of cancellation as soon as practicable where it believes, on reasonable grounds, that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
For public courses, such as our Navigation Skills Training Weekends, Lakes Outdoor Experience will notify the customer of cancellation not less than five days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
In the event of cancellation, customers will be offered the choice of the following options:
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A full refund of the fee paid; or
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The option to reschedule their booking to a different date/time.
Please note that if the customer agrees to reschedule their course to a different date, then Lakes Outdoor Experience reserves the right to retain the course fee until the customer has returned and completed their course. Any request for a refund, when a prior agreement has been made with us to reschedule a course, will be treated as cancellation by the customer. In these circumstances, any refund made, will be minus an administration fee, which will be equivalent to 20% of the total value of the booking fee.
Please also note, that if we have to cancel an activity or course, we will not be held liable for any costs over and above that which we have charged you for our services. Such costs may include the cost of travel or accommodation purchased in the pursuit of attending one of our courses and activities. We strongly recommend your taking out appropriate travel insurance to cover you in this eventuality.
Change of venue/activity or cancellation as a result of adverse weather or conditions
In the event of the above situation arising, Lakes Outdoor Experience will first seek to offer you a similar activity at a different location within reasonable distance of the original activity location. If a client refuses to accept a similar activity at a different location on the day of their booking, then this is regarded as cancellation by the customer and no refund will be due.
Lakes Outdoor Experience will only cancel an activity session in the event of adverse weather or conditions that Lakes Outdoor Experience feel would compromise the safe delivery of the activity or the delivery of a similar activity at a different location and if an activity is cancelled due to dangerous conditions, the process described below will be applied.
If a water based activity cannot go ahead due to high water levels, Lakes Outdoor Experience will initially seek to use an alternative venue if this is possible. If this is not an option, or the activity is not water based, an alternative activity will be offered or a new date will be agreed. If none of these options are feasible, Lakes Outdoor Experience will issue a date-unlimited credit note to the value of the activity for the customer to carry out their activity at a future date of their convenience.
COVID-19 and other mutations of SARS-COV-2
If Lakes Outdoor Experience are forced to cancel a course due to Government restrictions associated with the Covid-19 pandemic (i.e., a national lockdown, a lockdown in the area that the course is running, or restrictions on group sizes/how many people can mix) then the client will have the option to either:
- transfer the booking to a new date
- be issued with a credit note with no expiry date to enable the client to rebook at their leisure, or
- receive a full refund.
If the client cannot attend the course due to local (to the client) travel restrictions or closed borders, the company will provide a credit note with no expiry date to enable the client to rebook at their leisure.
If the client cannot attend for any other reason, including if the client or one of the client's group presents with Covid-19 symptoms, or if the client or one of the client's group is told to self-isolate, our normal cancellation terms will apply.
We strongly recommend that insurance is taken out by you to cover you in the event of last minute cancellations. This is readily available from 3rd parties, for example https://www.thebmc.co.uk/insurance
Health
Customers participating in courses must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all of the courses, customers are expected to be of good general health. The Informed Consent Form, or Parental Informed Consent Form (for participants under 18 years old) must be completed before the course commences. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities.
Lakes Outdoor Experience reserve the right to refuse a booking or commencement of a course on medical grounds, if it is considered to be detrimental to the safety and smooth running of the course or the individual concerned.
Safety Regulations
Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by Lakes Outdoor Experience's instructors/staff to deliver the course in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by Lakes Outdoor Experience and its staff.
Unruly behaviour
Behaviour that disrupts the smooth running of an event will result in the disruptive customer(s) being excluded.
Musical devices
Please do not bring Ghetto Blasters, Bluetooth Speakers or any other device that can emit loud music with you to any of our courses or activities. If you do; and use them, you will be asked to turn them off by Lakes Outdoor Experience instructors/staff if they deem it inappropriate in the environment; or disruptive to a course or activity session. If you refuse to comply, you will be excluded from the course or activity.
Any customer or customers excluded for acting in a manner which is disruptive or dangerous to any other group members or any of our instructional staff will not be entitled to a refund of the fee that has been paid for their part in the activity or course attended.
Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
Personal property
Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage can be proven to be due to any negligence by the Lakes Outdoor Experience or it's representatives.
Complaints
If the customer encounters any problem or difficulty, Lakes Outdoor Experience will try and resolve them as soon as is possible. In the first instance - report anything either to the instructor or the course director on the day of your course or activity. If your complaint is not resolved to your satisfaction at that time, then please write to:
Lakes Outdoor Experience,
14 Spital Park,
Kendal,
Cumbria.
LA9 6HG
Your concerns will be dealt with within 28 days of writing.
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.
Intellectual Property
Copyright and all other intellectual property rights in the products and services shown in Lakes Outdoor Experience's price lists, website and other literature shall remain at all time the property of Lakes Outdoor Experience.
Photographs
From time to time, photographs or videos taken during Lakes Outdoor Experiences courses or activity sessions may appear on the Lakes Outdoor Experience website, social media sites or in brochures or promotional material. If customers do not wish for photographs containing their image to be used, they should make this known to the Lead Instructor on the day.
Delivery of photographs and videos to customers. We currently share image & video files with our customers via WhatsApp and on rare occasions, via Dropbox. If, for any reason, file delivery is not possible via either of the above means; or the customer requests files via another delivery method, then the customer will be liable for the cost of the delivery media and postage.
Data Protection
The personal information requested by Lakes Outdoor Experience 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 to maintain Lakes Outdoor Experiences'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 will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.
Applicable Law
The laws of England will govern the contract – any dispute will be dealt under the jurisdiction of the courts of England and Wales.
The above does not affect the statutory rights of the customer.
More About Us
Lakes Outdoor Experience is run by Iain Gallagher. Iain was born and brought up in The Lake District by parents who were very keen on the outdoors.
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Get in touch:
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+44 (0)7761 483364
Or Email Us:
info@kendalmountaineeringservices.co.uk