Applicability of Terms & Conditions
These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the company.
Course participants must ensure that they fulfil all course pre-requirements that may exist. This may include a requirement to register with the respective award and / or governing body and comply with the relevant pre-requisites as per the syllabus. If you do not, you may not be able to participate on the course and no refund will be available.
The contract shall be formed when the company acknowledges acceptance of the customers booking form and required payment.Please note a booking for a course is not confirmed until you have received an email from the Centre confirming your booking.
LATE BOOKING NOTICE
Late bookings may not guarantee you a place on a course. Your booking is not confirmed until you have received an email from the Centre confirming your booking.
If the number of bookings exceeds the limit on a course we will contact you directly to arrange an alternative course or date.
Amendments by the customer
Substitution of the original customer for another can be made provided the substitution is made at least 1 week prior to the commencement of the course and the substituting student satisfies the requirement of the course. All substitutions must be made with the consent of the company with both the substituted and substituting customer being jointly and severally liable for the total course fee.
A customer may apply, in writing, to change course or course dates as long as the application to change is made more than 4 weeks from the date commencement of the course. The new course must be one that appears on our website or is in the current brochure. An administrative charge of £25.00 is payable at the time of change. Any requests to change course or course dates within the 4 week period will be dealt with under the terms and conditions relating to cancellation by the customer.
Cancellation by the customer
All cancellations must be in writing and sent either by post, fax or email. The company will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
The customer will be charged on the following basis:
Cancellation by the company
Whilst every attempt is made to ensure that courses/activities actually run, the company will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
The company shall notify the customer of cancellation not less than 10 working days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
In the event of cancellation customers will be offered the choice of the following options: –
Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities where participants may be exposed to a range of extreme environmental conditions, including cold, heat and wet. Participants may also be expected to carry heavy items, such as rucksacks, kayaks and canoes. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section must be completed as part of the booking process. All disabilities, physical conditions, prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. If the customer believes that any disability, physical condition, injury or illness may impact on their ability to fully take part on the course, they must seek advice and from their doctor and obtain confirmation that they can participate. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to safety and to the smooth running of the course.
Any special dietary requirements must be made at the time of booking; the company cannot accept responsibility for not being able to deliver special dietary needs at short notice.
Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by the company staff to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by the company and its staff.
Unruly behaviour / Withdrawal from courses
Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the company or it’s representatives.
If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything either to the instructor, the course director or the management at the centre. If your complaint is not resolved to your satisfaction please write to the Centre Manager at: Tollymore National Outdoor Centre, Bryansford, Newcastle, Co Down, BT33 0PZ. Your concerns will be dealt with within 28 days of writing.
The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
Limitation of Liability
The company limits its liability to the maximum extent permitted by law as follows:
Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, brochures and other literature shall remain at all time the property of the company. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
From time to time photographs taken on courses may appear in Tollymore, Sport NI and other brochures and promotional material and social media sites. If customers do not wish to be photographed please raise this with the course instructor at the time.
The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employees, agents and sub-contractors to deliver the course and in maintaining the company’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.
The contract will be governed by the laws of Northern Ireland any dispute will be dealt under the jurisdiction of the courts of Northern Ireland.
The statutory rights of the customer are not affected by the above.
Definitions In these terms and conditions
As you are probably aware the current advice from the Northern Ireland Executive, Health Promotion Agency NI and Health & Safety Executive NI, as well as our expert group within Sport NI is that we cannot deliver any face to face courses for our customers including use of the Hot Rock Climbing Wall.
We know that you and many others like minded folk are very keen to get back on track with your plans to attend and complete a range of personal skills training and qualifications in a range of disciplines.
Believe us when we say we are equally keen to get outside with you and help you reach your goals and complete that journey.
How do we know? Because every day we get emails and phone calls asking when will courses resume and with every NI Executive mention of easing of restrictions the emails and phone calls are more frequent……