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Terms Real Adventure Terms and Conditions

Online consumer goods, services and digital content terms and conditions.

Our terms

1.              These terms

1.1           What these terms cover. These are the terms and conditions on which we supply services to you, whether these are goods, services or digital content.

1.2           Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2.              Information about us and how to contact us

2.1           Who we are. We are Real Adventure Limited a company registered in England and Wales. Our registered office is at Goodhamscales, Selside, Kendal, Cumbria, LA8 9DS. Our registered VAT number is 107 6504 31.

2.2           How to contact us. You can contact us by telephoning our customer services team at 01539 823699 or by writing to us at info@real-adventure.co.uk or Goodhamscales, Selside, Kendal, Cumbria, LA8 9DS

2.3           How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4           "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.              Our contract with you

3.1           How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If the booking is made more than 90 days before the date agreed for the commencement of the services then a non-refundable deposit equivalent to 20% of the cost of the services will be payable with the balance being payable no later than 60 days prior to the date agreed for the commencement of the services.  If the booking is made less than 60 days before the agreed for commencement of the services then full payment is required at the time of booking.

3.2           If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services requested. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services or because we are unable to accommodate the dates you have specified.

3.3           Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.              Your rights to make changes

If you wish to make a change to the services you have ordered please contact us by email or in writing. We will let you know if the change is possible.  Amendments to your booking must be requested at least 30 days prior to the commencement of the services.  Any amendments requested less than 30 days prior to the commencement of the services will be will be considered but this is entirely at our discretion. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If any amendment is required this will be subject to an administration charge of £25.00 plus VAT.  If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7.) (Your rights to end the contract).

5.              Our rights to make changes

5.1           Minor changes to the services. We may change the product:

(a)       to reflect changes in relevant laws and regulatory requirements it may be necessary to make minor adjustments to the services offered; and

(b)       to address weather conditions on the day of the activity.

5.2           More significant changes to the services and these terms. In addition, we may make changes to the services requested, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

6.              Providing the services

6.1           When we will provide the services. During the order process we will let you know when we will provide the services to you. If the services are ongoing services, we will also tell you during the order process when and how you can end the contract.

(a)       If the services are one-off services. We will begin the services on the date set out in the order or on the date agreed with you during the order process.

(b)       If the services are ongoing services t. We will supply the services to you until either the services are completed or you end the contract as described in clause 7. or we end the contract by written notice to you as described in clause 9.

6.2           We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside of our control including but not limited to strikes, lock-outs labour disputes, act of God, war, riot, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic, outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increase expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this Agreement then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay.

6.3           If you do not allow us to provide the services. If you do not allow us to perform the services as arranged (and you do not have a good reason for this) we will charge you additional costs incurred by us as a result.

6.4           Your legal rights if we deliver services late. You have legal rights if we deliver any services late. If we miss the services deadline for any services then you may treat the contract as at an end straight away if any of the following apply:

(a)       we have refused to provide the services;

(b)       provision of the services within the deadline was essential (taking into account all the relevant circumstances); or

(c)       you told us before we accepted your order that services within the delivery deadline was essential.

6.5           Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.4, you can give us  a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

6.6           Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.4 or clause 6.5, you can cancel your order for any of the services. After that we will refund any sums you have paid to us for the cancelled services.  If some of the services have already been provided, you must pay that proportionate part.

6.7           What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, ages, numbers and level of experience of the people taking part in an activity.  We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.8           Reasons we may suspend the supply of services to you. We may have to suspend the supply of a services to:

(a)       deal with technical problems or make minor technical changes;

(b)       update the services to reflect changes in relevant laws and regulatory requirements;

(c)       make changes to the services as requested by you or notified by us to you (see clause 5.);

(d)       to take account of weather conditions this will include cancellation the day the services are due to be provided.

6.9           Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it.  in each case we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

6.10        We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 3.1 and 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5). 

7.              Your rights to end the contract

7.1           You can always end your contract with us.  Your rights when you end the contract will depend on the services you have bought, whether there is anything wrong with the services provided, how we are performing and when you decide to end the contract:

(a)       If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

(b)       If you have just changed your mind about the services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of any cost already incurred;

(c)       In all other cases (if we are not at fault and there is no right to change your mind), see [clause 7.6 OR clause 7.7]

7.2           Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

(a)       we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);

(b)       we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)       there is a risk that supply of the services may be significantly delayed because of events outside our control;

(d)       we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons; or

(e)       you have a legal right to end the contract because of something we have done wrong.

7.3           Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4           When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

(a)       services, once these have been completed, even if the cancellation period is still running.

7.5           How long do I have to change my mind? How long you have depends on what you have ordered.

(a)       Have you made a provisional booking? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b)       Have you booked several dates? If so you have 14 days after the day you (or someone you nominate) receives the services, unless:

(i)          Your services are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the services.

(ii)        Your services are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the services.

7.6           Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a percentage of the price calculated depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so. The following charges apply:

(a)       Where you cancel more than 90 days prior to the commencement date of the services.  Where you can cancel more than 90 days prior to the commencement date of the services, we will retain the deposit already paid being equivalent in value to 20% of the cost of providing the service as notified at the time of booking.

(b)       Where you cancel less than 90 days but more than 60 days prior to the commencement date of the services.  Where you can cancel less than 90 days prior to but more than 60 days prior the commencement date of the services, we will be entitled to charge a sum equivalent in value to 50% of the cost of providing the service as notified at the time of booking.

(c)       Where you cancel less than 60 days prior to the commencement date of the services or on the agreed date for the provision of the services.  We will be entitled to full payment in respect of the services.

8.              How to end the contract with us (including if you have changed your mind)

8.1           Tell us you want to end the contract. To end the contract with us, please let us know by telephoning or emailing us. Please provide your name, home address, details of the order and, where available, your phone number and email address. We will confirm any cancellation by email as soon as reasonably possible.

8.2           How we will refund you.  We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below. 

8.3           Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)       We may deduct from any refund an amount for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.4           When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a)       Your refund will be made within 14 days of your telling us you have changed your mind

9.              Our rights to end the contract

9.1           We may end the contract. We may amend or cancel the contract for supply of services at any time by writing to you if:

(a)       you do not make any payment to us when it is due;

(b)       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

(c)       if we reasonably believe that the conditions are too dangerous or unsuitable to complete the supply of services;

(d)       if we reasonably believe that your behaviour or that of any of the participant in receipt of the services is dangerous, disruptive or inappropriate.

(e)       If we reasonably believe that the abilities of you or any of the participant in receipt of the services are impaired either through alcohol or drugs or any medical condition

If paragraph 9.1(c) applies, we will endeavour to notify you of the cancellation as soon as possible and we will notify of your options which are as follows:

(f)        to provide a full refund of the fee payable/paid;

(g)       offer an alternative date to suit you.

No other compensation is payable.

9.2           We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 21 in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.

10.           If there is a problem with the services

10.1        How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer services team at or write to us.  Alternatively, please speak to one of our staff at the time the service is being provided.

10.2        Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

 

11.           Price and payment

11.1        Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages and will be confirmed to you when your booking is confirmed. We take all reasonable care to ensure that the price of the services advertised on our website is correct.

11.2        We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

11.3        When you must pay and how you must pay. We accept payment by credit/debit card and bank transfer. We will let you know when we require payment.

11.4        We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount in accordance with the Late Payments of Commercial Debts Act 1998 for time to time in force. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.5        What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12.           Our responsibility for loss or damage suffered by you

12.1        We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services [as summarised at clause 10.2 OR including the right to receive services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective services under the Consumer Protection Act 1987

12.3        We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.           How we may use your personal information

13.1        How we will use your personal information. We will use the personal information you provide to us:

(a)       to supply the services to you;

(b)       to process your payment for the services; and

(c)       if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

13.2        We will only give your personal information to other third parties where the law either requires or allows us to do so.

14.           Other important terms

14.1        We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within [PERIOD] of us telling you about it and we will refund you any payments you have made in advance for services not provided].

14.2        If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.3        Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

14.4        Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

14.5        Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.

15.           Additional Important Information

15.1        Health and Safety. Real Adventure Limited is only liable for the health and safety of any individual participant whilst under the instruction or in transport by Real Adventure Limited’s staff.

15.2        Insurance and Liability. As a responsible organisation, Real Adventure Limited has insurance cover in place.  Cover is provided through Activities Industry Mutual, 3rd Floor, Westcombe House, 2-4 Mount Ephraim, Tunbridge Wells, TN4 8AS.  A copy of our certificate of insurance can be made available upon request.

15.3        Customer Obligations. Participants who attend in their supervisory capacity (for example but not limited to school teachers accompanying school groups) are not expected to know any more about the services than the other participants and will not be expected to participant in the ability.  It is expected that they will continue to take responsibility for the general behaviour and well-being of the participants, thus allowing the instructor to give all their time to ensuring that the participants obtain maximum benefit and enjoyment from the services.

15.4        General health of participants. All course organisers are asked to highlight any special needs or health problems of participants at the time of booking.  If it is considered that a person’s health may influence their ability to participate in any activity then further information will be sought to clarify and agree their level of participation.

15.5        Course organisers shall ensure.

(a)       All adults accompanying the group will agree to act ‘in loco parentis’ at all times;

(b)       All adults accompanying the group accepts responsibility for the general conduct of the group members throughout the stay;

(c)       Take all reasonable steps to minimise disturbance to other guests/local community;

(d)       Suitable arrangements are made for the exclusion of any participants that do not comply with these conditions or reasonable requests made by the staff at Real Adventures Ltd;

(e)       There is suitable first aid provision provided for the participants when not under the supervision of Real Adventure Ltd.’s staff;

(f)        There is suitable supervision provided for participants outside of activity time.  We will only provide instruction during session times and where, we do agree to supervise,  this will be agreed in writing;

(g)       We reserve the right to charge participants either jointly or severally for any damage caused to buildings, equipment, designated areas, vehicles cause by members of the group during your stay;

(h)       We reserve the right to charge a cleaning fee if a group leave any area in an unreasonable state.

16.           Amendments to Terms and Conditions. We reserve the right to amend these terms of and conditions in part or in full at any time without prior notification

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following services [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.