Terms and Conditions – Group Bookings
These Terms tell You information about Us and the legal terms and conditions on which We provide any Booked Course to You, whether You make a Booking by email, telephone, online, or in person at Our Office. Please note that these Terms only apply to Group bookings. Applicable terms for other activities offered by Us (including courses We allow to be booked for a group) can be obtained from Our Office.
These Terms will apply to any Contract between You and Us in respect of a Booked Course. Please read these Terms carefully and make sure that You understand them, before making a Booking. Please note that before making a Booking You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to make a Booking. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office.
We amend these Terms from time to time. Every time You wish to make a Booking. These Terms came into effect on 20th December 2018 and have not since been updated.
These Terms, and any Contract between us, are only in the English language. When We use the words “writing” or “written” in these Terms, this will include email unless We say otherwise.
A. Information about Us
We are Wayahead Training Ltd (company registration number 9459979) and Our registered address is at The Old Vicarage, 51 St John Street, Ashbourne, Derbyshire, DE6 1GP We operate the website www.wayahead-training.co.uk
B. Contacting Us
If You wish to contact Us, including because You have any complaints, You can contact Us by telephoning Us at 01298 404002 or by e-mailing us at firstname.lastname@example.org. Please see clause 12 (below) for Our complaints procedure.
A summary of the meanings of all words with capital letters used in these Terms can be found in Appendix 1 – definitions (below).
1. Making Your Booking
1.1. By making a Booking You confirm that:
a. You are aged 18 years or over; and
b. You are authorised to make the Booking by and on the behalf of each member of Your Group, and where the Booking is made on behalf of an Organisation; that organisation; and
c. You are able to accept these Terms on Your own behalf and on behalf of each member of Your Group.
1.2. You should ensure all Participants meet the pre-requisites for the Activity you have booked which are outlined on Our website. If You are unsure whether You and Your Group meet any or all of the Pre-requisites, You should contact the Us to discuss it with an Authorised Person. In some circumstances We may allow a person to take part in an Activity who does not meet any or all of the Pre-requisites, however, this must be confirmed by Us in advance in writing and is entirely at Our discretion.
1.3. If a Participant is unable to participate on an Activity Day or any instalment of a Course as a result of an insufficient level of fitness or because You do not meet the Pre-requisites, We are entitled to refuse the Participant’s participation on the Booked Activity. If You are unsure whether a Participant is likely to meet the required level of fitness for a Course or other Activity, You may wish to contact Us to discuss it with an Authorised Person.
2. How the Contract in respect of Your Booking is formed between You and Us
2.1. These Terms together with the Booking Confirmation and any Consent Form completed by You or each member of your Group together with any terms contained in any other document which We expressly identify as being legally binding, shall constitute the contract between You and Us in respect of the Booked Course (Contract). These Terms and all other documents constituting the Contract set out the terms and conditions on which You have made the Booking and shall apply to the Booking and Your and Your Group’s participation in the Booked Course.
2.2. We may update these Terms periodically. Every time You make a Booking with Us, the Terms in force at the time of Your order will apply to the Contract between You and Us.
2.3. A legally binding agreement will only come into existence between You and Us when We issue the Booking Confirmation by post or email. From that point onwards, these Terms and the Contract will become binding on You. A copy of these Terms will be attached to Your Booking Confirmation.
2.4. You must read these Terms carefully, and check that the details on the Booking Confirmation are complete and accurate. If You think that there is a mistake please contact Us within 7 days from the date of the Booking Confirmation to discuss. We will confirm any changes to the Contract in writing to avoid any confusion between You and Us and the Contract will then be deemed amended accordingly.
2.5. You accept these Terms and enter into the Contract on Your behalf and the behalf of Your Group and You are responsible for all liabilities and obligations for the Group set out in the Contract.
2.6. If any of these Terms conflict with any other document We send You, these Terms will take priority unless explicitly stated otherwise by Us.
3. Price and Payment
3.1. You will be charged the prices as set out on the relevant page of Our website in force at the time You make Your Booking. You should ensure You have checked Our current price list before You make a Booking. All prices for the Courses stated in brochures and in other promotional material are based upon Our price list in force at the time of issuing or uploading the same, and We cannot guarantee these will not have changed subsequently.
3.2. If Our costs associated with the Booked Course and/or Our operations or the cost of services increases We may increase the price payable by You for the Booking. If We do increase the price payable by You in accordance with this clause, You are entitled to cancel the Booking and You will receive a full refund provided You notify Us of Your intention to cancel within 7 days of Us issuing the revised Booking Confirmation.
3.3. Subject to clauses 3.5 and 3.6, You can make a payment by cash, bank transfer, and any credit or debit card (with the exception of American Express) with no extra charge. You can also make a payment by American Express but You will be charged a 10% surcharge to reflect Our costs of processing the same.
3.4. If You are Booking on behalf of an Organisation, then upon request, We may at Our discretion agree not to send Our Booking Invoice to You until You have submitted a purchase order to Us subject to the remainder of this clause 3.4. Where We agree not to invoice You until You submit a purchase order to Us, such purchase order must be provided to Us within 7 days of the date on which We issue the Booking Confirmation, in default of which We shall be entitled to submit Our Booking Invoice to You, and You shall be liable to pay the same in accordance with these Terms. No terms and conditions set out on the purchase order shall form part of the Contract and such terms shall not have any effect.
3.5. For Standard Bookings made more than 7 days in advance of Your Activity Day You must pay as follows:
a. Full payment paid at least 7 days in advance of that Activity Day; or
b. 50% deposit paid 15 or more days in advance of that Activity Day.
3.6. If You choose option 3.5(b) You must pay the deposit and/or balance by the dates stated on the Booking Invoice. If the balance is due to be paid on the Activity Day You must pay it before the start of the first Activity to be carried out during an Activity Day.
3.7. We do not normally send out reminders and You are responsible for making payment by the dates shown on the Booking Invoice. If a reminder is sent due to non-payment, You agree that We can charge You £10 for each reminder to cover Our administration costs.
3.8. If, following requests for payment, We have not received an outstanding payment for the Booking, We reserve the right to pass the debt to a suitable debt recovery organisation who will arrange for the recovery of the debt. There will be a minimum additional charge of £50 added to each unpaid invoice to reflect Our administrative costs and in addition You will be responsible for any additional costs We incur (including in instructing a debt recovery agent and any court fees) together with statutory daily interest as imposed by the Court.
3.9. For Short Notice Bookings made within 7 days of Your Activity Day full payment will be required at the time of making that Short Notice Booking.
4. Changes or Cancellation by You
4.1. If You need to alter, amend or add to any aspect of Your Activity Day Our staff will try (within reason) to assist You. Where We are able to accommodate Your Change, the following will apply:
a. Changes may be made without an administration fee if You notify Us at least 30 days prior to the Activity Day;
b. We are entitled to charge an administration fee of £30 if You notify Us of the Change less than 30 days prior to the Activity Day to reflect Our costs of administering the Change;
c. if the Change increases the cost of Your Booked Activity You will be invoiced for the additional amount which You must pay by the date stipulated on the revised Booking Invoice;
d. if the Change results in a decrease in the cost of Your Booked Activity You may be entitled to a refund of the difference, at Our discretion, only if You notified Us of the Change at least 21 days prior to the Activity Day.
4.2. For avoidance of doubt, if You or a member of Your Group decides not to take part in a Booked Activity on the Activity Day, for whatever reason, You will not be entitled to a refund.
4.3. If You need to cancel Your Booked Activity You must notify Us as early as possible. In respect of a Standard Booking, You will be liable to pay (or if already paid We will be entitled to keep):
a. 100% of the cost of Your Booked Activity if We receive Your notice of cancellation in the 30 days prior to Your Activity Day; or
b. 50% of the cost of Your Booked Activity if We receive Your notice of cancellation 31 or more days prior to Your Activity Day.
4.3. For avoidance of doubt, clause 4.3 only applies to Standard Bookings. You will not receive any refund if You cancel a Short Notice Booking. Short Notice Bookings cannot be postponed.
5. Changes or Cancellation by Us
5.1. Whilst We try not to make any Changes We reserve the right to make minor Changes, or Changes required by law, to the facilities and the Booked Course (in whole or part) both before and after You receive the Booking Confirmation and for the duration of the Booked Course. For the avoidance of doubt, Changes may be made after the Course Start Date and after each and every Course Date. We will notify You in advance where possible.
5.2. In exceptional circumstances We may need to Change or cancel Your Booked Course in whole or part due to an Event Outside of Our Control;
5.3. If We have to make a significant Change or cancel all or part of Your Booked Course (including in respect of a particular Course Date) under clause 5.2 You are entitled to:
a. receive a full refund in respect of Course Dates affected (or if applicable, the whole Course); or
b. if the Event Outside Our Control affects the entire Course, make an alternative Booking. If the alternative Booking is more expensive, We will ask You to pay the difference. If the alternative is less expensive, We will refund the difference; or
c. If the Event Outside Our Control affects only a particular Course Date or particular Course Dates, We may at Our discretion permit You to nominate an alternative running of the installment of the Course which would have been held on the Course Date provided there are spaces available.
5.4. We do not accept liability or pay compensation (except as set out in clause 5.3 above) for an Event Outside of Our Control.
6. Medical Conditions or Disabilities
6.1. You must inform Us in writing if a Participant has a medical condition or disability which could reasonably affect His or her involvement in a Booked Course and/or which will reasonably require special provision or adaptation, at the time You make the Booking and the Participant (or You if a Group Consent Form is used) must inform Us of the condition or disability on the Consent Form. If it arises later, You and the Participant must inform Us at the time You or the Participant becomes aware of it. Where reasonably practical, We will make reasonable adjustments to enable that Participant to participate in the Booked Activity in full, or (where not reasonably practical for the Participant to participate in full) to a lesser extent. In some circumstances it may not be reasonable or practical for adjustments to be made to the Booked Activity to allow that person to participate in the Booked Activity in whole or part.
6.2. In the event that any medical condition or disability is not disclosed at the time of Booking in accordance with clause 6.1, but such a medical condition or disability comes to Our attention at any time after We send the Booking Confirmation to You (including if You or the Participant subsequently submit a Consent Form or provide an update to a Consent Form which identifies such a condition or disability), We reserve the right to prevent or restrict the person concerned from participating in the Booked Activity (in whole or part) and You will not be entitled to any refund.
6.3. Each Participant must declare all medical conditions and disabilities on the applicable Consent Form. Our staff will make any reasonable adjustments to enable people with a medical condition or disability to participate in the Booked Activity, the amount of notice we are given of this may impact the adjustments we are able to make.
6.4. Our staff will not be able to administer any medication unless in an emergency or if We have received written consent from the Participant or, where the Participant is a Young Person, from his or her parent or legal guardian.
6.5. Please note that, subject to clause 6.6(a) should any Young Person require medication while at any Site the Group Leader must take responsibility for this.
6.6. In particular, please note:
a. Participants who suffer from asthma must keep their inhalers with them at all times for all Booked Activities.
b. Participants who may require medication in an emergency such as, but not limited to, epi-pens, insulin, aspirin, GTN, must carry it with them at all times unless specifically stated otherwise in writing;
c. The decision to participate in an Activity belongs to the Participant or their parent or legal guardian. We can provide you with guidance relating to the Activity and, in extreme cases, reserve the right to restrict your involvement if We have concerns that the Activity may put you at unnecessary risk due to your current condition.
d. We reserve the right to impose or include any other restrictions or obligations relating to a medical condition which will be set out on Our Website as updated from time to time which must be complied with by You and all Participants for the duration of the Booking;
7. Consent Forms for all Participants and Responsibility for Young Persons
7.1. A Participant will not be permitted to take part in the Booked Activity unless he/she:
a. has completed, signed and returned to Us an Individual Consent Form; or
b. is covered by a Group Consent Form which has been completed, signed and returned to Us.
7.2. It is at Our discretion whether to agree that a Group Consent Form can be used in respect of Your Group instead of an Individual Consent Form for each Participant.
7.3. Consent Forms for Young Persons must be signed by the Participant’s parent or legal guardian;
7.4. Please note that, in accordance with clause 2.1, each Consent Form forms part of the Contract relating to the Booking. You acknowledge that upon You signing a Group Consent Form it is incorporated into the Contract and is binding upon You and Your Organisation and You and Your Organisation agree to assume to any Participant any responsibility or liability that We do not accept under the Contract.
7.5. In the case of Organisations being schools or youth groups, a Group Consent Form may be used in which case it must be signed by a person with authority to bind the Organisation, who must consent in place of the parents or legal guardians. It is the responsibility of the Organisation to acquire parental consent in order for such persons to take part in the Booked Activities.
7.6. The following conditions apply in respect of a Group which includes Young Persons:
a. the Group Leader must remain on Site with the Group for the duration of the visit and, if reasonably required by Us, take part in the Booked Activity;
b. if a Young Person refuses to accept or follow the Instructor’s instructions, he/she automatically fully becomes the responsibility of the Group Leader and the accompanying adults.
8. Data Protection
8.1. We will use the personal information You give to Us:
a. to provide the Booked Course;
b. to process Your payment for the Booked Course;
c. to inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us; and
8.2. Where You give personal information to Us which relates to a member of the Group, You must ensure that You obtain consent from the relevant member of the Group for Us to use such personal information in accordance with clause 8.1.
8.3. The Consent Forms will be securely stored and destroyed when no longer required in line with the Data Protection Act 1998.
9. Rules and Behaviour
9.1. You are responsible for Your own actions and the actions of all Participants in Your Group and the effect that these may have on others. You must abide by, and will ensure that Your Group is made aware of and abides by, the Rules and take reasonable care of our facilities and equipment for the duration of the Booked Course (or any part thereof).
9.2. Rules include:
a. Each Participant must listen to and follow the instructions of each Instructor and Our staff.
b. We reserve the right to recover the cost of repair or replacement value (whichever is the lesser) from You if Our property is damaged by You or any member(s) of Your Group.
c. We do not accept responsibility for any personal property, which includes (but is not limited to), electronic devices, vehicles, money, clothing, jewellery and watches. Personal property remains the Participant’s responsibility at all times.
d. We have a non-smoking policy in any building, tent, activity or other area at each Site. Adults may smoke only in any designated smoking area We may designate and they must be out of view of Our other non-smoking customers. Young Persons are not permitted to smoke anywhere on Site.
e. Consumption of alcohol on booked Courses is only allowed with Our consent and in places We specify and in any event, persons who have consumed alcohol will not be permitted to take part in the Booked Course (or any part thereof). Illegal substances are not permitted on the Booked Courses. Persons who have consumed illegal substances will not be permitted to take part in the Booked Course (or any part thereof).
9.3. The Rules may be updated by Us from time to time. We will inform You of any significant changes to the Rules which You must comply with prior to the Course Start Date (which You and Your Group must comply with).
9.4. If We think (in Our absolute discretion) a Participant is:
a. causing danger or distress to other customers, Our staff, or anyone else;
b. wilfully causing damage to Our property;
c. failing to comply in full with any instruction given by an Instructor or a member of Our staff;
d. not complying with the Rules; or
e. under the influence of alcohol or any other drug (whether illegal or legal), that Participant or Your Group as a whole may be prevented by Us from participating (or participating further) in the Booked Course (in whole or part) and may be required by Us to leave the Booked Course immediately. In such circumstances We will not be liable for reimbursing the cost of Your Booked Course (in whole or part) or contributing to any expenses You may incur in making alternative arrangements.
10. Accidents and Our Liability
10.1. You acknowledge and accept on behalf of You and each member of Your Group that adventurous activities and courses by nature carry an element of risk of injury or death. All Participants acknowledge and accept that risk when taking part in a Booked Course. It is Your responsibility to ensure that all members of Your Group understand and accept the risks involved and that, in the case of each Young Person, parental permission has been obtained. By agreeing to these Terms and entering into the Contract You confirm for Yourself and on behalf of Your Organisation that such parental consent has been obtained.
10.2. If We fail to comply with Our obligations under these Terms then We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into the Contract.
10.3. For the avoidance of doubt, We accept responsibility should You or a member of Your Group suffer death, or personal injury to the extent that it is caused by Our negligence or the negligence of Our employees, agents, suppliers or sub-contractors (provided they are working as specifically instructed by Us).
10.4. We do not accept liability for death, or personal injury to the extent that it was due to:
a. the act(s) and/or omission(s)of the Participant(s) affected;
b. the Participant(s) affected or any other Participant failing to follow the Rules or the person or member of your Group failing to comply with any provision of the Contract (including, but not limited to, clause 7 of these Terms);
c. the Participant(s) affected or any other Participant failing to follow the instructions of an Instructor or Our staff; or
d. the person affected failing to inform Us of a pre-existing medical condition.
10.5. Should an accident occur an incident report form will be completed. If necessary, the accident will be investigated further in order to assist in preventing any further accidents. In respect of a Young Person, the Group Leader will be required to give consent to the Young Person receiving any medical treatment.
10.6. For avoidance of doubt, We do not provide insurance for personal accident, loss or damage to personal property or for cancellation. Each Participant is required to provide his or her own insurance for these events.
10.7. Vehicles brought to the Site remain the responsibility of the vehicle owner and/or driver at all times. We do not accept liability for any damage caused to vehicles whilst at the Site except where damage was caused as a result of Our negligence or the negligence of Our employees, agents, suppliers or sub-contractors (provided they are working as specifically instructed by Us).
11. Lost Property
11.1. Valuables, medication and small items will be kept for a no more than 4 weeks. If not claimed they will be disposed of.
11.2. For avoidance of doubt We do not accept any responsibility for any personal item (including valuables) left at Booked Courses.
12. Other important terms
12.1. We may transfer Our rights and obligations under the Contract to another organisation, and We will always notify You in writing if this happens. We will only transfer Our rights and obligations under the Contract in circumstances where Your rights under the Contract are not prejudiced. In any other circumstances, We will obtain Your consent prior to such assignment.
12.2. This Contract is between You and Us. No other person shall have any rights to enforce its terms.
12.3. Each clause of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4. If We fail to insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any other default by You.
12.5. These Terms are governed by English law. This means that the Contract between You and Us and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
We ask all Groups to complete a feedback form about their Booked Course. This can be completed anonymously. If there is any reason to complain about Your Booked Course please inform Our office, who will endeavour to help You.
You can also submit a complaint in writing or send it to Us, marked “FAO Management” as soon as reasonably practicable after Your Booked Course. Failure to follow this procedure may prevent a full investigation of the points that You raise. We therefore reserve the right to refuse to accept liability for any complaint or claim that is not reported in accordance with this procedure unless the complaint or claim involved death, personal injury or serious illness requiring hospital treatment.
Appendix 1 - Definitions
When the following words with capital letters are used in our Terms and Conditions, they will mean as follows:
1. Authorised Person means a member of Our staff who is authorised to take Bookings;
2. Balance means the difference between any amounts received in respect of a Booking and the total cost of that Booking;
3. Booked Course means the Course or Courses You have booked;
4. Booking means Your booking to take part in a Booked Activity, or Course;
5. Booking Confirmation means a notice from Us (or, for online orders, issued on Our behalf by Our Payment Processor) by post or email (at Our choice) which confirms Your Booking;
6. Booking Invoice means either the separate invoice which We send You with the Booking Confirmation, or the section of the Booking Confirmation, which sets out the payment due to Us by You;
7. Change means a change to Your Booking, Booked Activity, or Booked Course;
8. Consent Form means an Individual Consent Form;
9. Contract means in respect of a Booking, the provisions set out in the applicable Terms and Conditions, together with any Booking Confirmation and any Consent Form(s) or Registration Form(s) completed by You (and/or any other Participant) together with any terms contained in any other document which We expressly identify as being legally binding, which shall constitute the contract between You and Us in relation to the Booked Activity;
10. Courses means the courses We provide as listed on Our website from time to time, for the avoidance of doubt excluding any Courses provided to a group;
11. Course Dates means the days on which the Booked Course takes place;
12. Course Pre-requisites means the requirements that must be met by a Participant prior to taking part in a Course as detailed on the training and courses pages of Our website;
13. Course Start Date means the first day of the Booked Course;
14. Deposit means the minimum amount we decide is required to secure a Booking;
15. Event Outside of Our Control means circumstances beyond Our reasonable control including, without limitation, changes in law, adverse weather conditions or other unsafe conditions, fire, explosion, storm, flood, natural disaster and/or any other conditions beyond Our reasonable control which We in Our absolute discretion decide make it unsafe or impractical for one or more of the activities to take place;
16. Group means You and the members of Your party who have been identified by You in the Booking and confirmed by Us in the Booking Confirmation (which may include a Family).
17. Group Consent Form means Our Consent Form which can be used, if We agree, to cover groups such as school parties, families, or youth groups;
18. Group Leader means You or the person designated and notified to Us on or before the Activity Day or Course Start Date as the person responsible for the Group. A Group Leader must be aged 18 or over;
19. Individual Consent Form means Our consent form which must be completed by each Participant (or by a parent or legal guardian in respect of Young Persons) unless that Participant is covered by a Family Consent Form;
20. Instructor means a member of Our staff who is authorised by Us to lead, instruct and coach You (and if applicable, Your Family) during any Booked Activity, Course or Sessions (or any part of them);
21. Organisation means a registered company, school, youth group or government body;
22. Participant means You, and/or any other person covered by a Booking (including any person in Your Family participating in a Booked Activity or if You make a Booking in respect of a Young Person, that Young Person);
23. Pre-requisites means the requirements all Participants must meet before starting an Activity or Booking;
24. Short Notice Booking means a booking made less than 7 days in advance;
25. Site means the location or locations where your Booked Activity or Booked Course (or any part of it), take place;
26. Rules means the rules set out in the relevant section of the Terms and Conditions along with the rules which may be displayed on posters at and around the Site and any rules which are provided to You prior to a Booked Activity or Booked Course commencing;
27. Terms means the terms and conditions as applicable to your booking;
28. Young Person/Young People means a person or people who is/are under the age of 18 years; and
29. You/Your means the person contractually responsible under these Terms (whether in respect of the registration of Members, or the making of a Booking, as applicable);
30. We/Our/Us means Wayahead Training Limited, company registration number 9459979) and Our registered address is at The Old Vicarage, 51 St John Street, Ashbourne, Derbyshire, DE6 1GP We operate the website www.wayahead-training.co.uk