Terms and Conditions.
Terms and Conditions
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BOOKING. WHEN MAKING YOUR BOOKING AND COMPLETING THE BOOKING FORM YOU ARE AGREEING TO ABIDE BY THESE CONDITIONS.
1. Application of terms.
1.1 These Conditions are the only conditions upon which the Centre is prepared to deal with the Customer. The Conditions shall be incorporated into the Contact to the entire exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
1.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the Customer or implied by law, trade custom, practice or course of dealing.
1.3 The Customer's purchase order, or the Customer's acceptance of a quotation for Services by the Centre, constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Centre other than:
1.3.1 by a written acknowledgement issued and executed by the Centre; or
1.3.2 (if earlier) by the Centre starting to provide the Services,
when a contract for the supply and purchase of those Services on these Conditions will be established. The Customer's standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
2.1 The Customer may make a booking by telephone, e-mail.
2.2 To help you find the right route, please read each route description carefully. Once you've made your choice of route and dates, and have read the booking conditions, please make your booking with the appropriate payment. Bookings cannot be accepted without prior and appropriate payment.
2.3 Please note that individuals cannot be provided with credit terms.
3.1 All swim fees are exempt from VAT. All bookings cannot be confirmed or reserved by the pilots until we have received the appropriate payment.
3.2 A non-refundable deposit of £250.00 is required.
3.3 The balance for all swims must be paid by the Customer at least 2 weeks before the commencement of the swim
3.4 The full Swim fee must be paid at the time of booking for swims if the swim is within 2 weeks or less.
3.5 The pilots reserves the right to cancel any booking without prior notice if full payment is not received in accordance with conditions 3.3,3.4 3.4 or 3.6 (as applicable).
4. Amendments to Bookings by the Customer
4.1 The Customer may be substituted by another, provided that notice is given to the pilots and that substituted customer satisfies the Swim criteria.
4.2 The Customer may apply to change a swim dates provided that the pilots are able to make the change. It shall be at the pilot’s sole discretion as to whether such change shall be accepted. Any Swim change must be for a swim in the current season (June to October)
4.3 If leading up to the day and the weather is not looking good, we will inform you and if you decide to move your swim then we will try and accommodate you. (This depends on the availability of a skipper and a boat) and will only be moved in the same season (June to October)
4.4 If possible, we might ask to move the slot to an earlier day or later if available
4.5 If not, we will allow you that season to complete the swim (June to October)
4.6 If it is not possible due to our commitments or yours then the funds will not be carried over and therefore will be forfeited.
5.1 Cancellations by the Customer
5.2 In the event of cancellation by the Customer, a cancellation fee will be due to the pilots as set out below:
· Deposits are not refundable.
· Two (2) weeks or less prior to the commencement of the swim: one hundred per cent (100%) of your total course fee shall be retained by the pilots.
· One hundred per cent (100%) of the course fee is retained if you cancel after the commencement date of your swim.
5.3 You are advised to insure against and check whether your own personal insurance policy provides cover against certain unavoidable cancellation.
5.4 Cancellations by the Pilot
5.5 The Pilot will use reasonable endeavours to ensure that your swim takes place and in accordance with your booking. However, the pilots reserves the right to cancel any booking without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.
5.6 Where the pilot cancels a swim, you will be offered alternative dates with in the same season (June to October)
6 Stand down / Mobilisation
6.1 Mobilisation happens 24hrs before the swim start. This means prepping the craft and possible launching of the vessel.
6.2 In the event of a cancelled swim after mobilisation (you decide to stop because of the predicted conditions, or we cancel due to the conditions) we will offer a further day at a cost of £250
· 6.3 Once started the swim, if you have to stop or we have to stop the swim then you would be able to re do the swim with in the same season (June to October) at a rate of 50% of the original swim fee.
· 6.4 If you have past the half way point (measured on a straight-line distance as per price) if you have to stop or we have to stop the swim, then then no further offer would be offered
· 7. Safety
6.1 In addition to enjoyment and completing your swims, safety is of paramount importance on all the routes with in the channel. Clearly, open water swimming is hazardous by the nature and participants, parents or guardians must accept that there are risks. In providing a safe system of work and to manage associated risks:
7.1 we employ staff trained within National Governing Body guidelines or in house trained instructors;
7.2 we provide a range of quality personal protective and safety equipment for all on board.
7.3 we have robust management and safety systems which have been inspected by approved bodies such as MCA and the RYA.
7.4 we reserve the right to modify or cancel a swim if we feel that there are unmanageable risks.
7.5 The Customer must comply with all safety guidelines and instructions given by the pilot and its staff.
· 7.6 The pilots word is final, This will cover the cancelling of a swim and the removal of the swimmer from the water.
8.1 Customers must be in general good health and must satisfy themselves that the swim is within their abilities.
8.2 The Customer must complete a health declaration as part of the booking process. The Customer must make the pilots aware of any injuries and/or illness and shall further make the pilots team aware of any injury or illness that occurs between the date that the health declaration is completed by the Customer and swim commencement.
8.3 The pilots reserves the right to refuse a booking on medical grounds if the medical condition is considered to be detrimental to the safety and smooth running of the swim.
· 9. Unruly Behaviour
9.1 The Customer and any member of the Customer’s party is required to have consideration for other people. If, in the pilots reasonable opinion, the Customer or any member of the Customer’s 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, the pilot is entitled, without prior written notice, to terminate the swim/use of facilities of the person(s) concerned. Such persons will be required to leave the Centre’s property and no refunds will be made and the Institute will not pay any expenses or costs incurred as a result of the termination
8.2 The Customer shall be liable for any damage or loss suffered by the pilots as a result of disruptive behaviour.
14.1 Photographs taken on the swim may appear in our brochures and marketing materials. If the Customers does not wish to be photographed this should be raised with the pilot.
10. Data Protection
10.1 Personal information requested by the pilot at the time of booking or any other subsequent information is held in its original form and on computer.
10.2 will not divulge your personal information onto third parties, apart from the association’s where necessary for your swim ratification
10.3 By providing us with your personal information to process a booking, you agree that your personal information can be:
10.3.1 held and accessed by the pilots authorised staff; and
10.3.2 used to contact you in the future either by email or post to send you e-news and/or marketing materials (including information about future events).
The pilots reserve the right to waive any or all of the Conditions.