Terms & Conditions
Please read our terms and conditions thoroughly before making an activity or school residential trip booking with Cumulus Outdoors.
Terms and Conditions from 28/09/2020
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 & 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, except when otherwise agreed.
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, five weeks 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 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%* (or holding deposit) of the contract price will be required on booking. The balance will be invoiced in a schedule as in 7.3 below.
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:
Holding Deposit: For residential bookings booked one or more years in advance: £250.00 (non-refundable)
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
Final Number Check: 6 weeks prior
Balance: 25% due 7 days 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 & cancellation by you
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 Cancellation of booking: Cancellation up to 42 days inclusive before arrival date*: No refund given
Cancellation more than 42 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.
Changes & cancellation by us
9.6 Cumulus endeavours to avoid changes and cancellations, but we reserve the right to do so.
9.7 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, a voucher for the total amount paid with a 12 month expiry or a full refund.
9.8 Residentials – Where Cumulus Outdoors cannot fulfil your residential booking, a full refund of all monies paid will be given.
10.1 Any notice to Cumulus Outdoors of dissatisfaction shall be in writing
11. Indemnity & 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 & safety & 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
14.1 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 & data protection
15.1 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 or excluded by these 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 of 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-refundable
18.1 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
19.1 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.
20.1 The law of the contract is the law of England and the English courts shall have sole jurisdiction.