Booking Terms and Conditions for Courses for Individuals

Please take the time to read these terms and conditions carefully as they are the basis for the contract between us (the “Contract“). The party making the booking will hereinafter be referred to as “you”.

1.CONTRACT

1.1          Your Contract is with The Outward Bound Trust, a charity registered in England and Wales with charity registered number 1128090, and in Scotland with charity registered number SC040341, and a company limited by guarantee registered in England and Wales with company number 6748835 having its registered office at Hackthorpe Hall, Hackthorpe, Penrith, Cumbria, CA10 2HX (”The Trust”).

1.2          When you make a booking to participate in one of the courses of The Trust (a “Course”) you do so on behalf of yourself and each of your participants (each a “Participant” together the “Participants”).

1.3          You warrant and guarantee that:

1.3.1          you have the authority to enter into this Contract;

1.3.2          that you accept the terms of this Contract;

1.3.3          that the Contract shall apply to your booking to the exclusion of all other terms and conditions; and

1.3.4          that where you are making this booking on behalf of other persons, you have their authority, and where they are under the age of 18 years of age, the authority of their parents or guardians to enter into this Contract.

1.4          The Contract between us will be formed on the date of issue by The Trust of confirmation of your place on a Course.

2.FEES AND DEPOSIT

2.1          The course fee for each Course in any given season shall be set by The Trust and shall be advertised on The Trust’s website at www.outwardbound.org.uk (the “Total Course Fee”)

2.2          A bursary may be awarded in certain circumstances (the “Bursary”) to assist with the payment of the Total Course Fee.

2.3          The deposit is £150 per Participant for 22 day courses and £100 per Participant for all other courses (the “Deposit”).

2.4          The remaining course fee is the Total Course Fee minus any Bursary and any amount paid as the Deposit (“Remaining Course Fee”).

2.5          Subject to clause 2.7 the Deposit must be paid within 14 days of the receipt of an invoice for the Deposit from The Trust, if the booking is made more than 8 weeks before the start date of the Course (the “Start Date”).

2.6          Subject to clause 2.7 the Remaining Course Fee must be paid 8 weeks before the Start Date of the Course, if the booking is made more than 8 weeks prior to the Start Date.

2.7          Notwithstanding clauses 2.6 and 2.5 if the booking is made less than 8 weeks prior to the Start Date, the Deposit and the Remaining Course Fee must be paid immediately.

2.8          Where any payment due from you is overdue, The Trust reserves the right to charge interest on the full outstanding amount, on a daily basis, at the rate of one per cent (1%) above Barclays Bank plc base rate, until payment in full is made.

2.9          Payments made by credit card, Paypal and any overseas bank transfer payments will incur a charge in accordance with current rates.

3.CANCELLATION OR AMENDMENT BY YOU

3.1          You may cancel the Course at any time.

3.2          In the event of cancellation you will be required to pay the applicable cancellation charge, (the “Cancellation Charge”) as shown below.

Cancellation Date	Cancellation Charge
From date of booking until 57 days prior to the Start Date	Loss of Deposit
56 – 29 days prior to the Start Date	50% of Total Course Fee
28 – 15 days prior to the Start Date	75% of Total Course Fee
Fewer than 14 days prior to the Start Date	100% of Total Course Fee

3.3          The date of effective cancellation is the date of receipt by The Trust of written notice of the cancellation from you. You must not assume The Trust has received your notice of cancellation until you have received an acknowledgement from The Trust (the “Acknowledgement”), confirming the cancellation of your booking and providing details of any sums due. If you do not receive the Acknowledgment within 7 days of your notice of cancellation you must submit a new cancellation notice as we will not have received your original notification and it will be deemed not to have been sent.

3.4          You may request to amend your booking up until six weeks prior to the Start Date by written notice to The Trust. Where The Trust can meet your request, your Total Course Fee shall be varied accordingly and any extra payments required shall be invoiced by The Trust and shall be due and payable as directed by The Trust. Please note that you may also be asked to pay an administration fee of twenty pounds (£20) per Participant, for each alteration to your booking (“Administration Fee”).

3.5          In the event of the cancellation of a Participant’s place on the Course, you may transfer that place to a new Participant by written notice up to two weeks prior to the Start Date. Such transfers may be subject to the Administration Fee and must be accompanied by all relevant information, for example all medical information, for each new Participant. Alternatively, you may reduce the number of Participants taking part in the Course, but in this event, cancelled Participant places will be subject to the Cancellation Charges stated in clause 3.2.

3.6          The Cancellation Charges are based on the Total Course Fee and therefore upon cancellation The Trust reserves the right to charge you for any Bursary you may have received.

4.CANCELLATION OR AMENDMENT BY THE TRUST AND COURSE COMPOSITION

4.1          The Trust may cancel the Course if the minimum number of Participants is not reached. If for any reason The Trust is not able to offer the Course on the terms of the booking which you have made, The Trust shall endeavour to find an alternative course for you to attend.

4.2          The Trust will refund you the difference in price if the alternative course fee is of a lesser amount.

4.3          If no alternative course arrangements can be agreed between you and The Trust, The Trust may cancel your booking.

4.4          If the Deposit or the Remaining Course Fee is not paid on the due date, The Trust may cancel your booking and the relevant Cancellation Charge will apply.

4.5          Other than pursuant to clause 4.4, in the event of a cancellation of the Course by The Trust, The Trust will provide you with a refund of such amount of the Total Course Fee as has been paid to The Trust by you.

4.6          The Trust will endeavour to give you notice of any cancellations due to insufficient numbers on the Course or other changes to your booking at least 4 weeks prior to the Start Date.

4.7          Participants acknowledge and agree that Courses may be made up of Participants of mixed age, ability and sex.

4.8          The Trust retains the right to merge Courses of the same type but of varying age ranges in the event that there are insufficient Participants in any one Course for it to proceed.

5.COACH TRANSFER SERVICE

5.1          During the months of June, July and August, a coach transfer service to and from the Course is available for an additional cost (the “Transfer Service”).

5.2          You will be notified of your pick up time and location prior to the Start Date, The Trust will inform you should your pick up time and location change.

5.3          Bookings for the Transfer Service must be made at least two weeks prior to the Start Date.

5.4          If you have booked the Transfer Service, the transport costs quoted may be subject to change in exceptional circumstances. The Trust will advise you of any change at the earliest opportunity and you will be liable to pay any reasonable increase in cost.

5.5          Should you choose to cancel the Transfer Service, you should inform The Trust in writing at least two weeks prior to the Start Date and you will be refunded the additional cost of the Transfer Service. No refunds for the Transfer Service will be available after this time.

5.6          All Transfer Service bookings are subject to availability and The Trust reserves the right to cancel the Transfer Service at any time. In the event of cancellation by the Trust, the cost of the Transfer Service will be refunded to you in full.

6.INSURANCE

6.1          The Trust includes the cost of comprehensive course and travel insurance cover (the “Insurance Cover”) for all Participants as part of the Total Course Fee. The Insurance Cover commences upon receipt by The Trust of the Deposit.  A summary of the cover can be found on our website www.outwardbound.org.uk.

6.2          It is your responsibility to ensure that the Insurance Cover provided is suitable and adequate for all Participants’ needs. In the event that you or a Participant decides that you/they require additional insurance cover, it is your/their responsibility to obtain such insurance and it shall be at your/their additional cost.

6.3          In the event of cancellation or change to any booking with The Trust you may have the right to claim under the Insurance Cover for the return of some or all of the Total Course Fee. It is your responsibility to make any such enquiries and to submit any such claim.

7.FORCE MAJEURE

7.1          The Trust shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

8.HEALTH AND SAFETY

8.1          A medical declaration must be fully completed and returned to The Trust, signed by each Participant (or by the Participant’s parent or guardian if under the age of 18 years) at least four weeks prior to the Start Date. Within the medical declaration, each Participant must confirm that they are in good general health to take part in the Course including but not limited to having a reasonable basic level of fitness, and Participants must be willing and able to become involved in every aspect of the Course.

8.2          If the medical declaration is not completed and returned The Trust reserves the right to decline or cancel a Participant booking without having to pay any compensation and you will be liable to pay the cancellation charges outlined at clause 3.

8.3          You must inform The Trust if any Participant has a medical problem or disability before you confirm your booking as not all Participants may be able to participate in all Courses.

8.4          If any new medical problems or disabilities are suffered or arise between the entry into the Contract pursuant to clause 1.4 and the Start Date you must notify The Trust immediately. The Trust reserves the right to decline or cancel a Participant’s place if it considers that to continue would be harmful to the health or safety of the Participant or other Participants on the Course.

8.5          You must inform us if any Participant has come into recent contact with an infectious disease. Where the Start Date falls within the accepted quarantine period for transmission of any such disease, The Trust reserves the right to exclude that Participant from the Course. This shall be deemed to be a Course cancellation by you. No compensation shall be payable by the Trust to you or the Participant and you may be liable for payment of the Cancellation Charge set out at clause 3.2.

8.6          Those under 16 are not allowed to smoke. The normal disciplinary process set out in The Outward Bound Trust Code will apply to Participants who break this rule.

8.7          By signing this Contract you accept on behalf of each Participant and agree to comply with The Trust’s safety and disciplinary procedure and accept the authority of the Course Instructors and Duty Manager. An overview of The Trust’s safety arrangements, child protection, risk assessments and staff qualifications can be found on our website www.outwardbound.org.uk.

9.BEHAVIOUR

9.1          In the event that:

9.1.1          a Participant’s behaviour during the Course may prejudice the safety and wellbeing of any member of the Course, or the satisfactory progress of the Course; or

9.1.2          The Trust is informed through the medical declaration form, or at any point prior to the Start Date that a Participant’s behaviour is likely to prejudice the safety and wellbeing of the Participant or of any Participant of the Course or any other party involved in the Course, or any other Course,

The Trust reserves the right to cancel the Course booking or remove that Participant from the Course, as appropriate. In such an event, you shall reimburse The Trust for any reasonable costs, losses or expenses which The Trust incurs or suffers as a result of the decision to exclude the Participant.

9.2          In the event of a Participant being excluded from a Course pursuant to this clause 9, no refunds of any part of the Course fees will be paid and The Trust will not be responsible for (and you agree to indemnify us against) any costs arising, whether directly or indirectly, including costs of travel or legal expenses.

10.MARKETING AND PROMOTIONS

10.1        The information contained in The Trust’s brochures and any other literature (“Marketing Material“) is provided in good faith and is intended to represent a general picture of The Trust’s products and services and shall not form any part of this Contract.  

10.2        The Trust occasionally employs a professional photographer to take pictures or video recordings of Participants to use in our Marketing Material. If you or any Participant does not wish to appear in any such Marketing Material, please inform The Trust when returning the medical declaration.  

10.3        The Trust may use your written feedback in Marketing Material provided in any form. Please inform The Trust if you do not wish to be quoted.

11.DATA PROTECTION

11.1        The Trust shall (and shall procure that any of its staff involved in the provision of this Contract) comply with all obligations under the Data Protection Act 1998) (“DPA”). In particular data shall be obtained, processed and held in accordance with the DPA.

11.2        By providing personal data to The Trust you consent to it being processed, used and held by The Trust in accordance with the DPA.

11.3        You consent to The Trust using your information to occasionally contact you for marketing purposes by post, telephone, email and mobile message. This will enable The Trust to tell you about offers, news and events available from The Trust which it believes may be of interest to you. If you do not wish to be contacted by The Trust for marketing purposes please let The Trust know by calling 01931 740000. The Trust will not give out your details to external parties that are not linked to The Trust.

12.COMPLAINTS

12.1        If you have a complaint during the Course you must raise this matter with the Course Instructor or Duty Manager of The Trust at your earliest opportunity.

12.2        If you are unable to raise any issues or complaints during the Course please contact The Trust’s Customer Services Team in writing at our registered office, giving your booking reference and all other relevant information together with any evidence to substantiate your complaint. The Trust must receive any such complaint no later than 28 days from the date of the Participants return from the Course.

13.OUR LIABILITY

13.1        The liability of The Trust, and all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by the law.

13.2        This Clause 13 sets out the entire financial liability of The Trust (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:

13.2.1        any breach of the Contract however arising;

13.2.2        any use made by the Participant of The Trust’s services; and

13.2.3        any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

13.3        Nothing in the Contract limits or excludes the liability of The Trust:

13.3.1        for death or personal injury resulting from negligence; or

13.3.2        for any damage or liability incurred by any Participant as a result of fraud or fraudulent misrepresentation by The Trust.

13.4        Save as provided in clause 12.3;

13.4.1        the Trust shall under no circumstances whatsoever be liable to the Participant, 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

13.4.2        the Trust's total liability to the Participant 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 sum equivalent to the Total Course Fee.

13.5        The Trust excludes liability for any sum which can be recovered through the Insurance Cover or any other insurance cover or policy under which the loss can be recovered.

14.YOUR LIABILITY

14.1        You will be held liable for any acts whether intentional or negligent acts and/or omissions causing damage to any property, equipment and any assets involved in the provision of the Course. This includes but is not limited to property owned, leased or hired by The Trust and any property of third parties used in the provision of the Course.

14.2        You will be held liable in accordance with clause 14.1 for any damage caused by you and/or any Participants on behalf of whom you have made a booking.

15.NOTICES

15.1        Any notices must be in writing and may be delivered by hand, first class post, fax or e-mail addressed to the recipient at its registered office or to any other address, or fax number, as notified in writing to the sender by the other party.  A notice delivered by hand is served when delivered, a notice sent by first class post is served 48 (forty eight) hours after posting and a notice served by fax or by email is served when the fax or email is sent.