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.
The contract shall be formed when Stephen kivell (Steve kivell adventure coach) sole trader acknowledges acceptance of the customers booking form and required payment. Please note a booking for a course, event or activity is not confirmed until you have received an email from Stephen kivell confirming your booking.
Late Booking Notice
Late bookings may not guarantee you a place on a course. Your booking is not confirmed until you have received an email from Stephen Kivell confirming your booking.
Participation in adventurous activities entails some risk of injury. Stephen kivell is trained and appropriately qualified to run activity sessions and will at all times proceed in a manner to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
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 activity/course offered by Stephen kivell. The parent or guardian 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 for use during the activity/course.
All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the Stephen Kivell.
The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
Neither the Steve kivell adventure coach website or literature constitutes an offer and he 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.
‘Programmed courses’ refer to all skills and leadership courses outlined in the published calendar of courses.
Places can only be reserved by receiving a completed booking form and full payment.
All transactions are made through Paypal, where apon booking an invoice will be sent from paypal and payment will be made through them. Stephen kivell excepts no responsibility for any payment miss handled, you are advised to read the terms and conditions issued by pay pal.
The full fee is payable 2 weeks prior to the commencement of the course. In the event that the fee is not paid Stephen Kivell will have the discretion to treat the booking as non-confirmed by the customer. The time for payment shall be the essence of the contract.
Amendments by the customer
A customer may apply, in writing, to change course or course dates as long as the application to change is made more than 4 weeks from the date commencement of the course. The new course must be one that appears on our website or is in the current brochure. Any requests to change course or course dates within the 4 week period will be dealt with under the terms and conditions relating to cancellation by the customer.
Cancellation by the customer
All cancellations must be in writing and sent either by email. Stephen Kivell will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
The customer will be charged on the following basis:
50% of the total course fee where cancellation takes place less than 4 weeks but more than 2 weeks before the commencement of the course;
75% of the total course fee where cancellation takes place within the period of 2 weeks before the commencement date of the course; or
100% of the total course fee where cancellation takes place on or after the commencement date of the course.
Cancellation more than 4 weeks prior to the course date will receive a full refund less an administration charge of £25.
Cancellation by Stephen kivell
Whilst every attempt is made to ensure that courses/activities actually run or alternative activity offered, the company 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/ illness. In the event of cancellation customers will be offered the choice of the following options: –
Another booking on a different date, Or a Full refund of the fee paid
Weather conditions cause cancellation
In the event of weather conditions leading to cancellation we will rearrange an alternative date to continue with the course
Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities where participants may be exposed to a range of extreme environmental conditions, including cold, heat and wet. Participants may also be expected to carry heavy items, such as rucksacks, ropes and climbing equipment. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section must be completed as part of the booking process. All disabilities, physical conditions, 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. If the customer believes that any disability, physical condition, injury or illness may impact on their ability to fully take part on the course, they must seek advice and from their doctor and obtain confirmation that they can participate.
Stephen Kivell reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to safety and to the smooth running of the course.
Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by Stephen Kivell to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by Stephen kivell.
Participation in Mountain training courses
When participating in theses course it is the customers resonsibilty to meet the minimum requirements set by Mountain training, customers will be expected to demonstrated all aspects of the awards, but must understand that they can refuse to take part at any time. It is the customers resonsibily to ensure they are fully prepared before any assessment and must tell Stephen kivell if they do not understand what is being asked of them or do not feel confident to participate.
Unruly behaviour / Withdrawal from courses
Behaviour that disrupts the smooth running of any course may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for. Stephen kivell has the right to cancel the activity with immediate effect if unruly behaviour is jeopardising the safety of participants or others, with no refund.
Drugs and Alcohol is strictly forbidden from all courses, any person found under the influence of drugs or alcohol will have no further participation with immediate affect, Stephen kivell will assume no responsibily for there wellbeing.
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 it’s representatives.
If the customer encounters any problem or difficulty Stephen Kivell will try and resolve them as soon as is possible. In the first instance report anything either to Stephen Kivell , the course director or Mountain training if participating in a Mountain Taining Course.
Limitation of Liability
Stephen Kivell limits its liability to the maximum extent permitted by law as follows:
Stephen Kivell shall have no liability for any loss or damage suffered by the customer or any other person as a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer or its employees or agents
For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by Stephen kivell Any failure by the Stephen Kivell to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
Stephen Kivell carries public liability insurance, but does not provide personal accident cover. It is strongly recommended that you take out personal accident cover.Customers who opt to take out personal accident cover need to arrange cover themselves.
Under 18 year olds
All under 18 years must be accompanied by a parent or legally appointed guardian.
Photographs taken on courses may appear on Steve Kivell Adventure Coach website , face book page or and other brochures and promotional material and social media sites. If customers do not wish to be photographed please raise this with Stephen Kivell at the time.
The personal information requested by the Stephen Kivell at the time of booking plus any subsequent information is held in its original form and or on computer. Any information will be stored securely and destroyed after 3 months.
The contract will be governed by the laws of UNITED KINGDOM 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.