Terms & Conditions
Please read our terms and conditions thoroughly before making an activity or school residential trip booking with Cumulus Outdoors.
CUMULUS OUTDOORS STANDARD TERMS AND CONDITIONS OF CONTRACT FOR THE SUPPLY OF SERVICES
FOR BOOKINGS MADE FROM 1st OCTOBER 2023
Your Contract will be with Cumulus Outdoor Events Ltd T/A Cumulus Outdoors.
Registered in England: 7065079. Cumulus Outdoors Residential Centre, Cobbler’s Lane, Swanage, BH19 2PX. VAT number: 981243025
Contact details: Tel: 01929 422480. Email: info@cumulusoutdoors.com
0. Definitions
0.1 Cumulus Outdoors shall mean Cumulus Outdoors Events Ltd and shall include the appropriate officers of the company.
0.2 Customer shall mean the person or organisation who Cumulus Outdoors has entered into agreement with and shall include the customer’s employees, personal representatives, successors and permitted assignees.
0.3 ‘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.
0.4 ‘DATE OF TERMINATION’ shall, unless condition 2. applies, mean the date on which the contract is completed.
0.5 Any reference to gender in these conditions or documents constituting a tender or a contract shall apply equally to the opposite gender as appropriate.
1. Your Contract
1.1. The following booking conditions, in conjunction with our privacy statement and any information provided to you regarding your booking, constitute the foundation of your contractual agreement with us, referred to as your “Contract.”
1.2. Within these booking conditions, “you” and “your” pertain to the lead name, who may also act as the authorised representative for the school (if applicable), along with all individuals listed on the booking. This includes anyone added or substituted at a later date, where applicable. The lead name assumes responsibility for the administrative aspects and correspondence related to the booking. The lead name warrants that they are the parent or legal guardian, as applicable, or otherwise possess the authority to make the booking, including any amendments and cancellations, on behalf of all individuals listed on the booking, or the school where applicable.
1.3. The lead name is also accountable for the following:
- The full payment of any deposits and balances.
- Covering the cost of any amendment fees or cancellation charges.
- Verifying and providing us with accurate information for all members of the group.
- Disseminating all information issued by us to everyone in the booking, including our booking confirmation and these booking conditions.
- Ensuring proper conduct of the individuals within the booking
1.4. By making a booking with us, you are considered to have read, comprehended, and accepted these booking conditions.
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.
4. Quality
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 and numbers
5.1 The residential/ activity dates shall be that stated in the official order
5.2 Total numbers of participants/ 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). Cumulus will accept up to a 30% reduction in numbers, where one month or more notice prior to the start of the programme is given, to allow Cumulus to change arrangements and apply the agreed number of participants to the final balancing invoice, as per 7.3. Where a reduction in numbers is greater than 30% then the places exceeding that number will be charged in full. Reductions with less than one month’s notice will not apply to the final balancing invoice, as per 7.3.
5.4 All residentials are subject to a minimum booking of 20 students, where a booking falls below this number then 20 places will be charged in full (unless prior written agreement is made with a Cumulus Director)
6. Booking Confirmation
6.1. Your booking is confirmed and a Contract between us exists when we issue a booking
confirmation to you. Your provisional booking and booking confirmation will state when your initial Deposit (if applicable), interim Deposit and final balance is due.
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. Accounts
Residential & Closed DofE Expedition Bookings
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
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 a non-refundable deposit is required as follows:
| Student Numbers | Deposit Amount |
| 20-50 | £250 |
| 50-100 | £500 |
| 100 + | £1000 |
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: 5 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.
Non-Residential Group and Individual Bookings
7.4 Participants: Unless specified, activities and individual bookings quoted are per person and inclusive of VAT.
7.5 We require a deposit per person as stated in booking confirmation (50%). The Final balance is due 1 month prior to your departure date/ activity date (or at the time of booking, if this is less than 1 month prior to your stay/ activity start date).
7.6 Cumulus Outdoors reserves the right to charge interest on any outstanding payment charged at the Bank of England reference rate plus 8%.
7.7 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.
7.8 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 Outdoor 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. Termination
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 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 56 days inclusive before arrival date: No refund given (If we are able to fill the cancelled dates, we will discuss additional refunds on a case by case basis.)
Cancellation more than 56 days before arrival date. Deposit non-refundable, any other monies refunded.
9.5 In many cases, the customer’s insurance may apply and the deposit will be recoverable.
10. Changes and cancellation by us
10.1 Occasionally we have to make changes or cancel your booking and we reserve the right to do so at any time. Most changes will be minor and will be advised at the earliest possible date. If we make a major change to your booking, we will inform you as soon as reasonably possible, if there is time before your arrival, and we will:
- offer you a suitable alternative accommodation/ activity, where we are able to offer you one (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive);
- if we are not able to offer you a suitable alternative (at our sole and absolute discretion) we will refund the money you have paid to us.
10.2 We will not be liable for any loss, damage, costs or other expenses you may incur as a result of your booking being changed or cancelled, or in terms of any other arrangements you have made with other providers under separate Contracts.
11. Behaviour
11.1 We expect all guests to have consideration for other people. If, in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation/ activity. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not be liable or pay for any loss, damage, cost or other expense incurred as a result of the termination.
11.2 If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation concerned for the cost of the damage before the end of your stay (if the cost has been established by then) or as soon as it has been established (if later). You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation or any third party as a result.
12. Indemnity and insurances
12.1 Cumulus Outdoors has:
- Cumulus Outdoors is insured by Activities Industry Mutual (AIM) with a £10 million liability cover.
- Cumulus Outdoors is licensed to deliver adventurous activities to young people via Adventure Activities Licensing Service (AALS)
12.2 Personal group member insurance cover is not included in the booking price.
It is your responsibility to ensure that you have adequate insurance cover to protect you and your group against the need to cancel your residential/ activity and/or provide assistance if group members are injured or ill, and that the insurance cover you purchase is adequate for your needs.
12.3 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
12.4 Relevant risk assessments and policies are available on a password protected portal, on the ‘Cumulus Outdoors Company Policy’ page located on the footer of the website.
13. Price revisions
13.1 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.
13.2. Cumulus Outdoors reserves the right to amend published prices and dates. However, confirmed bookings shall not be subject to any such changes.
14. Health and safety and customer obligations
14.1 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.
14.2. 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.
Swimming Ability: For all water sports, participants must be confident in the water and be able to swim 50 metres in a buoyancy aid and 10 metres unaided.
14.3. 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.
14.4. 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
14.5. Cumulus Outdoors is reimbursed in full in respect of all loss or damage caused or contributed to by any group member
14.6. 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.
15. Third parties and excursions/sub contracted activities
15.1 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.
15.2 Excursions: you may choose to independently book and pay for are not part of your booking with us. As such, your Contract for those bookings will be with the operator or provider of the excursion. We shall not be liable for any loss, damage, cost or other expense incurred by you as a result of such bookings.
15.3 Sub contracted activities: As part of some programmes, it’s important to note that sub-contracted activities may be integrated. However, any liability arising from these sub-contracted activities rests entirely with the contracted service providers and not with Cumulus Outdoors. A thorough due diligence check has been carried out to ensure the competence and reliability of our sub-contractors. All relevant documentation is available upon request.
16. Confidentiality and data protection
16.1 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.
16.2 Our full Privacy Policy is available to view on our website together with details of how we process personal information in connection with you, your party and your booking(s).
17. Liability
17.1 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.
17.2 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.
17.3 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.
17.4 In these Conditions all warranties, conditions, or other terms implied by statute or common law are extended to the fullest extent permitted by Law.
17.5 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.
18. Force Majeure
18.1 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.
18.2 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.
18.3 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
19. Photography
19.1 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.
20. Special requests
20.1 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.
21. Dispute resolution procedure
21.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (Dispute) then the parties shall follow the procedure set out in this clause:
- Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the respective Relationship Managers shall attempt in good faith to resolve the Dispute;
- If the respective Relationship Managers are for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, the Dispute shall be referred to the Directors of the Company who shall attempt in good faith to resolve it; and
- If the Directors of the Company are for any reason unable to resolve the Dispute within 30 days of it being referred to them, then appropriate professional services will be engaged.
22. Variation
22.1 These booking conditions may be varied by us at any time and at our sole discretion. Any new booking conditions will be published on our website and will have immediate effect.
23. Law
23.1 The law of the contract is the law of England and the English courts shall have sole jurisdiction.
CUMULUS OUTDOORS STANDARD TERMS AND CONDITIONS OF CONTRACT FOR THE SUPPLY OF SERVICES
FOR BOOKINGS MADE UP UNTIL 17TH OCTOBER 2023
Cumulus Outdoors is an established company providing a range of services including corporate training, daily and residential outdoor activities.
1. Definitions
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. Quality
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. Accounts
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. Termination
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 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.
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. Correspondence
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. Liability
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. Photography
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. Law
20.1 The law of the contract is the law of England and the English courts shall have sole jurisdiction.