New Terms & Conditions as of 01/05/2020 for all future bookings
CUMULUS OUTDOORS STANDARD TERMS AND CONDITIONS OF CONTRACT FOR THE SUPPLY OF SERVICES
Cumulus Outdoors is an established company providing a range of services including corporate training, daily and residential outdoor activities.
1.1 Cumulus Outdoors shall mean Cumulus Outdoors Events Ltd and shall include the appropriate officers of the company.
1.2 Customer shall mean the person or organisation whose offer has been accepted by Cumulus Outdoors and shall include the customer’s employees, personal representatives, successors and permitted assignees.
1.3 ‘CONTRACT’ shall mean the agreement between Cumulus Outdoors and the customer for the provision of services described and shall include these terms and conditions and all documents to which reference may properly be made in order to ascertain the rights and obligations of the parties.
1.4 ‘DATE OF TERMINATION’ shall, unless condition 2.1 applies, mean the date on which the contract is completed.
1.5 Any reference to gender in these conditions or documents constituting a tender or a contract shall apply equally to the opposite gender as appropriate.
2. PERIOD OF THE AGREEMENT
2.1 The contract period shall commence on the first day of the period to which the contract is expressed to relate and unless previously determined at any time by either party giving to the other four calendar months’ notice in writing as specified in 2.2 below, shall remain in force until the end of the stated period. Any changes in the number of participants must be expressed one month prior to the programme starting, as per 5.3 below.
2.2 Termination of the contract either in part or whole for any reason may be affected before the end of the contract period by at least four calendar months’ notice in writing.
3. DESCRIPTION AND PRICE
3.1 During the period of the contract Cumulus Outdoors shall supply and deliver to the customer services of the description and at the prices specified in the official order, in such quantities or numbers and at such times and places and in such manner as may be required by the customer. Provided that where the contract is made in respect of a definite quantity or number of goods, Cumulus Outdoors shall supply and deliver to the customer such quantity or number of goods of the description and at the price specified in the official quotation on or before the specified delivery date.
3.2 Cumulus Outdoors will be responsible for providing equipment (e.g. wetsuits, buoyancy aids, harnesses etc.) for all activities as appropriate. The customer will provide basic equipment.
3.3 The fee per participant will include the use of all of the agreed equipment, food, activities and any camping costs as appropriate. Transport for participants to and from event venues is included in the price.
4.1 The services to be supplied under the contract shall be of the quality, standard, nature or sort specified in the official order.
4.2 Cumulus Outdoors reserves the right to substitute planned activities should conditions so dictate. Such changes will uphold the planned learning outcomes and will not alter the booking price.
5. DATES & NUMBERS
5.1 The activity dates shall be that stated in the official order
5.2 Total numbers of students and staff shall be that stated in the official order
5.3 The order will specify the number of participants attending and Cumulus Outdoors will book facilities and staff accordingly (5.2). Where participant numbers reduce, one month or more notice prior to the start of the programme will allow Cumulus to change arrangements and apply the agreed number of participants to the final balancing invoice, as per 7.3. Reductions with less than one month’s notice will not apply to the final balancing invoice, as per 7.3.
6. BOOKING CONFIRMATION
6.1. The Group Leader acknowledges that once the quote has been accepted by the group leader on behalf of the customer and returned to Cumulus Outdoors, a binding contract will be immediately enforced between the customer and Cumulus Outdoors.
6.2. The customer warrants that the group leader is authorised to accept the quote and acknowledges that it is the responsibility of the group leader to obtain the authority of each group member, or their respective parents or guardians for their attendance at the residential, and to ensure that each group member and their parent or guardian be made aware of and complies with these conditions.
7.1 A deposit of 25%* of the contract price will be required on booking. The balance will be invoiced in a schedule as in 7.3 below. In the case of cancellation (see 2.2), the deposit is non-refundable. However, we will endeavour to refund any amounts where cost savings can be achieved.
7.2 Participants: School residential prices quoted are per person and exclusive of VAT, all other non-school residential bookings are inclusive of VAT.
Staff: 1 in 10 free, thereafter £50.00 exclusive of VAT per staff member
7.3 A payment period of 30 days from the date of a valid invoice shall apply. For school residentials, invoicing will be:
Deposit: 25% at the time of booking to secure the order (non-refundable)
Interim: 50% due 3 months prior to the commencement of the programme
Balance: 25% due 1 month prior to the commencement of the programme. This must be settled before the visit begins unless otherwise agreed in writing.
* For all other non-school residential bookings, a non-refundable 50% deposit is required. Followed by the balance 1 month prior to the commencement of the planned activity.
7.4. Cumulus Outdoors reserves the right to charge interest on any outstanding payments charged at the Bank of England reference rate plus 8%.
7.5 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.
7.6. Notwithstanding other provisions within these conditions, any increase in the cost to Cumulus Outdoors necessitating an increase in the Booking Price which is a result of any change which is requested by the Customer, or as a result of any delay caused by any instructions of the Customer, or failure of the Customer to give to Cumulus Outdoors adequate information or instructions, shall not entitle the Customer to cancel the Contract on receipt of a written notice of such increase in the Booking Price other than as provided in relevant clauses of these conditions.
8.1 If the customer should fail to make payments by the due dates, the contract can be terminated with immediate effect.
9. CHANGES AND CANCELLATION
9.1 If the customer should wish to make any alterations to the booking, these must be notified in writing promptly. Cumulus Outdoors may accept these changes at its sole discretion.
9.2 All itineraries and programmes are subject to alteration due to weather and/or operational factors and without alteration to the booking price.
9.3. The customer shall be entitled to cancel the booking in total or for any of the group subject to the group leader providing Cumulus Outdoors with written notice and payment of the cancellation charges as 9.4
9.4 Changes to numbers or cancellation of booking:
Cancellation up to 56 days inclusive before arrival date*: No refund given
Cancellation more than 56 days before arrival date. Deposit non-refundable, any other monies refunded.
* If we are able to fill the cancelled dates, we will discuss additional refunds on a case by case basis.
9.5 In many cases, the customer’s insurance may apply and the deposit will be recoverable.
10 Any notice to Cumulus Outdoors of dissatisfaction shall be in writing.
11. INDEMNITY AND INSURANCES
11.1 Cumulus Outdoors has:
Cumulus Outdoors is insured by Activities Industry Mutual (AIM) with a £5 million pound liability cover.
Cumulus Outdoors is licensed to deliver adventurous activities to young people via Adventure Activities Licensing Service (AALS)
11.2. Personal group member insurance cover is not included in the booking price.
11.3 All staff provided by Cumulus Outdoors will be appropriately qualified for the activity they are running. In addition, they will hold the following:
Enhanced DBS check
First Aid Certificate
11.4 Relevant Risk Assessments and Policies are available on the school’s individual password protected portal
12. PRICE REVISIONS
12.1 Where the period of the contract is greater than twelve months, prices under the contract shall be fixed for the first twelve months; thereafter Cumulus Outdoors may submit a request for a price revision after the anniversary of the contract.
12.2. Cumulus Outdoors reserves the right to amend published prices and dates. However, confirmed bookings shall not be subject to any such changes.
13. HEALTH AND SAFETY AND CUSTOMER OBLIGATIONS
13.1 Cumulus Outdoors shall at all times adopt safe methods of work and comply with the requirements of the Health and Safety at Work Act 1974 and of any other Acts, Regulations, or Orders appertaining to the health and safety of employees, clients and of all other persons including members of the public.
13.2. Participation in activities requires group members to be in good health and have a basic level of fitness. Cumulus Outdoors must be informed of any medical conditions, any special needs or care requirement prior to the booking start date.
13.3. All teachers and other adults attending agree to act as ‘in loco parentis’ at all times and will take all reasonable steps to prevent damage to the property of Cumulus Outdoors or hired in items.
13.4. All teachers and other adults will ensure all laws are abided by in terms of alcohol and tobacco at all times, suitable arrangements are made for the exclusion of any group member who fails to comply with the provisions of clause 13 or the reasonable instructions of Cumulus Outdoors
13.5. Cumulus Outdoors is reimbursed in full in respect of all loss or damage caused or contributed to by any group member
13.6. The operation of the residential centre or the tented village is subject to statutory controls including those relating to fire, entertainment and safety of equipment. the group leader shall ensure all group members and any visitors or guests strictly observe all such requirements.
14. THIRD PARTIES
14 For the avoidance of doubt, nothing in this agreement shall confer or purport to confer on any third party any benefit or the right to enforce any term of the contract, except in so far as the parties have expressly agreed that a third party may enforce a term.
15. CONFIDENTIALITY AND DATA PROTECTION
15 All information set out or referred to in the contract and all further information and documents provided at any time in connection with the contract are and shall be strictly private and confidential and neither party shall (and shall ensure that it’s employees do not) disclose or hand over any such information or documents to any third party. All such information and documents shall be kept confidential by both parties and shall be used only for the performance of the contract.
16.1 Any liability of Cumulus Outdoors hereunder (except in respect of death or personal injury caused by Cumulus Outdoors negligence or that of its employees or agents which is not limited to or exclude by the Conditions) for any delay in performing or any failure to perform any of Cumulus Outdoors’ obligations in relation to the Booking, shall be limited to the excess (if any) of the cost to the Customer in the cheapest available market of similar services to replace those not performed over the Booking Price.
16.2 In all cases except where personal injury, illness, or death results, Cumulus Outdoors’ liability is limited to twice the Group Member Price paid of the Group member affected.
16.3 Except in respect of death or personal injury caused by Cumulus Outdoors negligence or that off Cumulus Outdoors’ employees or agents, Cumulus Outdoors shall not be liable to the Customer or any Group Member by reason of any representation or any implied warranty condition, or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage, (whether for loss of profit or otherwise) costs, expenses, or other claims for consequential compensation whatsoever which arise out of or in connection with the Booking except as expressly provided in the Conditions.
16.4 In these Conditions all warranties, conditions, or other terms implied by statute or common law are extended to the fullest extent permitted by Law.
16.5 The Customer shall indemnify and keep indemnified Cumulus Outdoors from, and against actions caused by the customer or their party, any and all direct and indirect loss, damage, costs, claims, demands or liability (whether criminal or civil) arising out of any injury or other loss to Cumulus Outdoors, its employees, guests, visitors or agents unless Cumulus Outdoors is liable under these conditions.
17. FORCE MAJEURE
17.1 Cumulus Outdoors shall be excused from performance of their respective obligations under this Agreement where circumstances amounting to “force majeure” occur for as long as such circumstances last and affect contractual performance.
17.2 For the purposes of this Agreement, “force majeure” shall mean unavoidable and extraordinary circumstances beyond the control of the party seeking to rely on them including, without limitation:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom;
(d) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
(e) collapse of buildings, fire, explosion or accident; and
(f) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party).
(g) Advice from the Foreign Office to avoid or leave a particular country may also constitute a Force Majeure Event.
17.3 For the purposes of this Agreement, in the event of an activity or residential being cancelled due to force majeure, Cumulus Outdoors reserves the right to offer:
a) A transfer of all monies to another residential booked within the same calendar year
b) Failure to re-book is in (a) above, interim amounts to be refunded, 25% deposit non-
18 We often take photographs and videos for promotional and training purposes. Groups may be photographed whilst at the Centre or on activities. These photos may be used on the Company web site or in a future brochure or publication; they will not be made available to any third Group. If Group Leaders or any member of their Group does not wish to be photographed, the Group Leader must tell the photographer who will always respect their wishes.
19. SPECIAL REQUESTS
19 All special requests should be made at the earliest opportunity, normally at the initial enquiry stage, and in writing. Cumulus Outdoors will endeavour to meet all reasonable requirements and notify the appropriate persons accordingly. Failure to fulfil special requests does not constitute a breach of contract unless they have been specifically guaranteed by the company in writing.
20 The law of the contract is the law of England and the English courts shall have sole jurisdiction.
Cumulus Outdoor Events Ltd Terms and Conditions (Pre 01/05/20 Terms & Conditions for all bookings up to this date)
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.