Terms and Conditions
Cumulus Outdoor Events Ltd Terms and Conditions
Please read these terms and conditions before making a booking as they make up the basis of your contract with us once a booking is made. If you have any questions about our terms and conditions please do not hesitate to contact us.
Cumulus Outdoor Events Ltd (referred to as Cumulus) reserves the right to change these terms and conditions without notice and the right to refuse to accept a booking. In such circumstances all monies received relating to the booking will be returned. This is governed by English Law.
Cumulus is licenced by the Adventure Activities Licensing Authority, certificate number L12077/R2010, to provide safe and competent activities for the general public.
Cumulus is a member of the Institute for Outdoor Learning and as such, upholds the Institute’s policies on the Code of Conduct, Diversity, Environmental and others in providing safe activities for young people to learn outdoors.
- A binding contract between us comes into existence as soon as we receive your deposit payment. No booking is binding until a deposit of at least 25% has been received.
- The Lead Customer has the authority to deal with us on your behalf and must be over 18 years old.
- All participants must be over 18 years old unless accompanied by their legal guardian, unless agreed otherwise by Cumulus.
No booking is confirmed until we reply by email.
2. Payment of amounts due
- Activity Arrangements: A deposit of 50% of the total cost is payable to confirm the booking. The balance must be paid at least 14 days prior to the event.
- School Residentials: A deposit of 25% of the total cost is payable to confirm the booking. An interim payment of 50% is due three months prior to the commencement of the programme. The balance payment is due 7 days prior to the commencement of the programme. All invoices are due for payment within 30 days of date of invoice, any disputes with the invoices must be raised within 5 days of receipt.
- Payments can be made by online bank transfer or cheque.
- If you fail to make all payments due in full and on time we shall treat your booking as cancelled by you and cancellation charges will be payable. Where we hold off cancelling because you have asked us for time to pay but fail to do so you must pay the cancellation charges shown.
Deposits and fees are not considered paid until the funds have cleared in our bank account. In the event that any funds do not clear into the bank account, the booking will be deemed as cancelled. In the event of invoices issued prior to payment, payment is to be made within 28 days from date of invoice.
- Cumulus Outdoors reserves the right to charge interest on any outstanding invoices at the Bank of England reference rate plus 8%.
3. Special requests
- We welcome the participation of disabled people in our experiences, though we recognise that certain experiences may present difficulties. We are committed to ensuring that disabled customers are given every opportunity to participate, so we ask that you tell us about any relevant disability at the time of booking.
4. Pricing policy
- Prices quoted to you at the time of your enquiry are correct at that time and are firm at the time of booking.
5. Website descriptions and quotes
- All website descriptions and quotes are made in good faith and every reasonable care is taken to ensure their accuracy. However, errors may occasionally occur and we will endeavour to correct these errors as soon as possible. Please note, session lengths and itineraries given are as a guide only and the running order of events may change.
6. Changes and cancellations by us
- Cumulus endeavours to avoid changes and cancellations, but we reserve the right to do so. Most changes are minor. If we have to make a significant change or cancel, we will tell you as soon as possible.
- As we have no control over the weather, there may be times when your chosen activity cannot take place due to poor weather conditions. If this occurs we will offer you the choice of the following options:
An alternative activity (surcharges may apply depending on activity taken).
A mutually agreed alternative date for the original activity, or
A voucher for the total amount paid to be used within 12 months.
- At the time of booking an adventurous activity (coasteering) you will be given the option of purchasing refund insurance of £5 per person to ensure you receive a full refund if your activity is cancelled.
- Please note the above options are not available where any change made is a minor one. Except as otherwise expressly set out in these booking conditions our liability for significant changes and cancellations is limited to the above mentioned options.
7. Changes and cancellations by you
- If you wish to change your booking in any way we will try to comply but we cannot guarantee that changes can always be made. Where a change can be made, we will not charge an amendment fee however you will be charged for any extra costs incurred by ourselves when making the changes.
- If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. We will make a cancellation charge on the scale shown.
Cancellation notification of more than 28 days before the event; 50% of the deposit will be refunded.
Cancellation notification of less than 28 days prior to the event; no refund will be due.
- Where any change reduces the number of your party below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
- We strongly recommend the Lead Customer/organisation/participants take out sufficient travel or holiday insurance that covers cancellations.
8. Force majeure
- Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you suffer any damage or loss as a result of Force Majeure.
9. Our liability
- (1)Our agreement with you and the service we provide is to source and book the arrangements for you. The majority of the arrangements will be provided by us, however there are times when we make use of external suppliers. We will use all reasonable skill and care in selecting the supplier(s). We have no responsibility for the provision of the actual arrangements themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. It is your responsibility to show that all reasonable skill and care has NOT been used if you wish to make a claim against us. We do not exclude liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.
Sub clauses (2) (3) below are all subject to and without prejudice to sub clause (1) above.
•(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
– the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
– the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements and which were unforeseeable or unavoidable; or
•(3) We are not liable for any consequential losses (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees.
- You are strongly advised to take out adequate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, in the event of illness or accident.
- We emphasise that some of the events you may book are by their nature inherently dangerous and by participating in these you acknowledge and assume the inherent risks involved.
- We are not responsible for any activity you or your party participate in which is not part of the original activity agreement. This is at your own risk and for which you should have the relevant insurance.
- Please confirm with your insurers that your insurance policy covers the activities you will be participating in.
- You acknowledge and agree that the Package Travel, Package Holidays and Package Tours Regulations (1992) do not apply to your booking and Cumulus has no liability under these regulations.
- You acknowledge that you/your party are expected to conduct themselves in a manner of good behaviour and have respect and regard for fellow participants and instructors at all times. The activity will be terminated if party behaviour is likely to cause distress or danger to other members of the party and /or the general public and we will not be liable for any refund.
- You are liable to make reimbursements to ourselves or any other supplier for any damage caused during your visit.
- You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, dress suitably for any event as advised and obey all instruction and requests made by the instructor.
- Being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. Cumulus has the right to cancel your participation if you or any party member are, in their reasonable opinion, under the influence of drink or drugs.
- Some of the events or activities you may book may require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level of fitness to participate. Many events are not recommended for those with any disability, illness or infirmity.
13. Complaints procedure
- Should you be unhappy with any element of your arrangements, you should notify us immediately.
- If you continue to be dissatisfied on your return, you should write to us setting out your points within 14 days of returning from your event. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint.
14. Terms and conditions of suppliers
- Some of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
15. Gift vouchers
- Vouchers are valid for up to 12 months from date of purchase. You must book your event before this date otherwise the voucher will become invalid.
- Sometimes we have to cancel an experience for reasons beyond our control, such as the weather or mechanical breakdown. We will do our best to notify you as soon as possible and do everything we can to offer an alternative date or time. We regret that, in these circumstances, we unable to reimburse travel, accommodation or any other expenses you may incur.
- We reserve the right to record events via digital images, photography, video and sound recordings. These will be used only for our marketing purposes and will not be passed on to other parties.
- If you prefer your event not to be recorded, please inform us in writing prior to or during the event
17. Data protection and privacy
- We comply fully with the principles of the General Data Protection Regulation.
18. Health and safety
- Risk assessments are completed prior to all events
- Outdoor activities can be dangerous and require an adequate level of fitness and good health
- It is your responsibility to advise us of any medical information which may affect your ability to participate, irrespective of how minor the condition Failure to comply with the above clauses will negate your rights to instigate a course of action or follow on proceedings against us. All reasonable care will be taken by us.