DEFINITIONS

Activity

The activity, course, tour or event, details of which are set out in the Booking Confirmation or otherwise agreed in writing by Harbour Challenge (or any substituted event).

Administration Charges

Harbour Challenge’s administration charges calculated as follows: alterations to Bookings: Harbour Challenge will endeavour to make any amendments you require to your booking right up to the day before departure. A call to check first must be made to 01202 772436. Late changes made within 4 weeks of departure are liable to an administration charge of £50 per amendment.

Arrival Date

The arrival date specified in the Booking Confirmation or such other date as may be applicable by reference to these Conditions.

Booking

The reservation made by the Customer and accepted by Harbour Challenge in accordance with these Conditions and as set out in the Booking Confirmation.

Booking Confirmation

Harbour Challenge’s written confirmation of Booking.

Booking Price

The price set out in the Booking Confirmation or as otherwise confirmed in writing by Harbour Challenge.

Cancellation Charges

The cancellation charges payable by the Customer calculated as set out in clause 4.7.

Centre

The Harbour Challenge Outdoor Activity Centre detailed in the Booking Confirmation or any such alternative or substituted centre as may be applicable by reference to these Conditions.

Conditions

The terms and conditions set out in this document and any special terms and conditions agreed in writing between Harbour Challenge and the Customer.

Contract

The contract between Harbour Challenge and the Customer for the Booking.

Customer

The person, firm, company, group or School whose Booking is accepted by Harbour Challenge in accordance with the Conditions.

Departure Date (Residential Only)

The departure date specified in the Booking Confirmation or such other date as may be applicable by reference to these Conditions.

Deposits

The non-refundable holding deposits to be paid by the Customer as detailed in the Booking Confirmation or (where no such deposit has been detailed) the deposits calculated as follows:

INDIVIDUAL BOOKINGS

All individual bookings are required to be paid in full unless prior arrangement with the centre has been made first.

Payment Schedule (If Applicable)

The payment schedule provided by Harbour Challenge as part of the Booking Confirmation or (where no such payment

schedule has been provided) payment to be made as follows:

(a) Full payment at time of booking

GROUP BOOKINGS FIRST DEPOSIT:

(a) where the Activity costs £100 or more per party member a  group £150 non refundable holding deposit will hold your booking for 14 days .

(b) where the Activity costs less than £100 per Party Member - no holding deposit is required but see Groups second deposit below.

GROUPS BOOKING SECOND DEPOSIT

(a) Second deposit  is to 20% of the final price and is payable within 28 days  after the quote date.

(b) where the Activity costs less than £100 per Party Member - £45 deposit each  and is payable within 28 days  after the quote date.

GROUPS FINAL PAYMENT

All final payments must be made 60 days prior to the group trip.

Group Travel Policy

Group Travel Insurance can be arranged by Harbour Challenge. Details are available on request from Harbour Challenge Outdoor Activity Centre, Hamworthy Park , Lulworth Aveneue, Poole, Dorset, BH15 4DH

Party Leader(s)

Any person(s) identified by the Customer responsible for organising attendance of Party Member(s) in respect of the Activity.

Party Member(s) Those person(s) whose attendance in respect of the Activity are included in the Booking Confirmation or otherwise provided to Harbour Challenge in accordance with these Conditions.

Party Member Price

The price per Party Member for the Booking.

2. CONDITIONS APPLICABLE

2.1 The Conditions shall apply to the Contract to the exclusion of all other terms and conditions.

2.2 No variation to these Conditions (including any special terms and conditions agreed between the parties) shall be binding unless agreed in writing between the authorised representatives of Harbour Challenge and the Customer.

2.3 Any representations made by Harbour Challenge’s employees or agents concerning the Booking or the Activity shall not be incorporated into the Contract unless confirmed in writing by Harbour Challenge and in entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.

2.4 The Customer agrees that it authorises the Party Leader(s) to enter into this Contract on behalf of the Customer and that it shall be the responsibility of the Customer and the Party Leader(s) to obtain the express authority of each Party Member or their respective parents or guardians for their attendance at the Centre in respect of the Activity and their compliance with any of these Conditions.

2.5 Any quotation given by Harbour Challenge may be withdrawn at any time prior to acceptance by the Customer and in any event shall lapse after 30 days.

2.6 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other documentation issued by Harbour Challenge shall be subject to correction without any liability on the part of Harbour Challenge.

2.7 For the avoidance of doubt the Contract is between the Customer and Harbour Challenge and Harbour Challenge shall not assume any contractual liability with individual Party Member(s) where such Party Member(s) is not the Customer. Accordingly the Customer shall be responsible for ensuring that it makes all appropriate arrangements with Party Member(s) for receipt of deposits and any other payments due in connection with the booking.

2.8 Activity photographs are used to give an idea of the adventure programmes at the Centre but may not necessarily have been taken there.

2.9 The details published in various brochures and leaflets are compiled from up-to-date and accurate information available at the time of going to press. They are published in good faith but do not constitute any other representation.

2.10 Prices are published in good faith based on the current academic year and Harbour Challenge reserves the rights to amend published price bands.

3. BOOKING PROCEDURES

3.1 No Booking Confirmation shall be binding on Harbour Challenge until returned to Harbour Challenge by the Customer within any period prescribed by Harbour Challenge and until Harbour Challenge has receive payment in full in cleared funds of any deposits or other payments due.

3.2 Provisional bookings will be held at the discretion of Harbour Challenge and Harbour Challenge shall not be liable to the Customer or any Party Member in the event Harbour Challenge is unable or unwilling to provide a Booking Confirmation which incorporates the Customer’s preferred dates.

3.3 The Booking Confirmation must be signed by the Party Leader(s) who warrants that they have the express authority of the Customer to enter into the Contract with Harbour Challenge subject to these Term and Conditions.

3.4 The Customer shall not be entitled to make any alteration to any documentation issued by Harbour Challenge. Any alteration required to any Booking Confirmation prior to any Booking being made should be notified to Harbour Challenge as soon as possible and in the event Harbour Challenge is able to satisfy the Customer’s requirements Harbour Challenge shall send to the Customer a revised Booking Confirmation.

4. CHANGES AND CANCELLATIONS

4.1 Any alteration to any Booking shall be notified to Harbour Challenge in writing by the Party Leader(s) or individual promptly in which case Harbour Challenge may accept such alteration (subject to any increase in the Booking Price, Administration Charges and changes to the Payment Schedule to reflect the alteration) at its sole discretion. Prior to requesting any alteration the Party Leader(s) or individual should telephone Harbour Challenge to discuss any revised requirements. Harbour Challenge will not make any alteration to the booking unless a written request is received from the Party Leader(s)

4.2 The Customer acknowledges and agrees that accommodation facilities shall only be used by those Party Members whose details are subject to the Booking and any required changes must be notified to and agreed by Harbour Challenge in accordance with the provisions of clause 4.1.

4.3 Harbour Challenge reserves the right to make changes to the booking which are required to conform with any applicable safety or other statutory requirements or which are not of a material nature.

4.4 All itineraries and programmes are subject to alteration due to weather and/or operational factors and Harbour Challenge reserves the right to change the accommodation or other facilities or services included in the Contract for others of reasonably equal suitability without prior notice or liability and without any alteration to the Booking Price.

4.5 Material changes may be necessary by reasons for prevailing weather conditions, operational considerations and matters beyond the control of Harbour Challenge (including Force Majeure events). Accordingly, Harbour Challenge reserves the right to make changes which are of a material nature and in such circumstances will inform the Customer as soon as reasonably possible. In such event the Customer shall have the following options:

(a) to accept the change (subject to paying any additional charges or receiving a refund in respect of any price difference) and the Contract being varied accordingly or

(b) to book a substituted Activity with Harbour Challenge who will provide a credit for the sums paid by the Customer.

4.6 Where no alternative is available Harbour Challenge will refund in full all sums paid in respect of the Booking or affected part of the Booking less any insurance premiums and all direct costs associated with the set up of the residential (and excluding interest).

4.7 The Customer shall be entitled to cancel the Booking in total or for any of the Party Member(s) subject to the Party Leader(s) providing Harbour Challenge with written notice and paying the Cancellation Charges:

More than 56 days First Deposit only

45 – 30 days 60%*

30 - 15 days 75%*

 0 -  14  days 100%

*Percentage of the Booking Price or the relevant Party Member Price as appropriate

(a) All bookings are entitled to 1 admin changes free of charge thereafter there will be an admin fee of £50 per change

(b) All changes that alter the booking after the 14 day deadline will incur a minimum of £150 surcharge per change to cover admin and staffing costs

4.8 Without prejudice to any other right or remedy available to it Harbour Challenge shall be entitled to cancel the Contract without any liability in the event the Booking Price is not paid in accordance with the Payment Schedule in which case the Cancellation Charges shall apply calculated from the date at which notice of cancellation is given by Harbour Challenge.

4.9 Without prejudice to any other right or remedy available to it Harbour Challenge shall be entitled to cancel the Contract or such part of the Contract as may be determined by Harbour Challenge without liability on receipt of any notice received from the Customer or Party Leader(s) by reference to clause 6.6 in which case the Cancellation Charges shall apply calculated from the date at which notice of cancellation is given by Harbour Challenge. Any notice received from the Customer or Party Leader(s) by reference to clause 6.6 in which case the Cancellation Charges shall apply calculated from the date at which notice of cancellation is given by Harbour Challenge .any notice received from the Customer or Party Leader(s) by reference to clause 6.6 in which case the Cancellation Charges shall apply calculated from the date at which notice of cancellation is given by Harbour Challenge

4.10 The Customer may be able to reclaim the Cancellation Charges (in full or in part) under the terms of any Group Travel Policy taken out by the Customer.

5. BOOKING PRICE AND PAYMENT

SCHEDULE

5.1 Subject to any special terms agreed in writing between Harbour Challenge and the Customer the Customer shall make payment for the Deposits and the Booking Price as set out in the Payment Schedule. Harbour Challenge will send one payment reminder and the Customer must ensure that payments are made by the relevant due dates.  Payments not received by the due date will be subject to interest as detailed in 5.5 below.

5.2 Unless otherwise provided in these Conditions or agreed in writing by Harbour Challenge any first deposits (see Deposits above) are non-refundable.

5.3 If at any time before the commencement of the Activity Harbour Challenge deems it necessary to increase the Booking Price to give effect to any increase in cost to Harbour Challenge (including any increase in the rate of VAT applicable) Harbour Challenge shall have the right to give written notice of any such increase to the Customer increasing the Booking Price and in the event such increase:

(a) does not exceed 5% of the Booking Price: the Customer shall not have the right to cancel the Contract

(b) exceeds 5% of the Booking Price: the Customer shall have the right to cancel the Contract within 14 days of receipt of such notice and Harbour Challenge shall refund in full all sums paid in respect of the Booking (excluding interest).

5.4 Notwithstanding the provisions of clause 5.3 above any increase in the cost to Harbour Challenge 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 Harbour Challenge 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 clause 4.7.

5.5 If the Customer fails to make payment in accordance with the Payment Schedule then without prejudice to any other right or remedy available to it Harbour Challenge shall be entitled to charge the Customer interest at the rate of 5% per annum above HSBC base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). If the balance is outstanding for more than 30 days beyond the first due date an additional administration fee of £50 per month will be payable (a part of a month being treated as a full month for the purpose of calculating payment).

6. CUSTOMER’S OBLIGATIONS

6.1 All group medical forms to be returned to Harbour Challenge 28 days before the activity start date.

(a) For individual bookings all forms to be returned with in 7 days of the booking being made.

(b) Participation in activities require Party Member(s) to be in good health and have reasonable basic level of fitness. All Party Members taking part in water activities must be water confident.

6.2 The Party Leader(s) accept responsibility for the general conduct of the Party Member(s) throughout the stay and the Customer and the Party Leader(s) shall ensure that:

(a) Teachers and/or other adults accompanying the party agree to act ‘in loco parentis’ at all times. Harbour Challenge staff provide  instruction  to groups only during activity sessions.

(b) take all reasonable steps to minimise disturbance to other guests and prevent damage to the property.

(c) no party member under 18 years of age consumes alcoholic drinks.

(d) all local laws relating to the consumption of alcohol are at all times obeyed by the Party Member(s).

(e) ensure that no Party Member smokes in a bedroom or tent or in any other way causes a fire hazard (f) suitable arrangements are made for the exclusion of any Party Member who fails to comply with the provisions of this clause or the reasonable instructions of Harbour Challenge.

(g) Harbour Challenge is reimbursed in full on or before the Departure Date or by invoice within 15 days of departure in respect of all loss or damage caused or contributed to by any Party Member.

(h) all appropriate measures are taken for the protection and security of any valuables baggage or other personal possessions responsibility for which shall remain with the Customer and the Party Member(s).

6.3 The operation of the Centre is subject to statutory controls including those relating to fire licensing entertainment safety of equipment and the Customer and the Party Leader(s) shall ensure that all Party Member(s) and any other visitors or guests under their control or supervision strictly observe all such requirements.

6.4 The Customer and the Party Leader(s) shall at all times take such precautions as shall be necessary and/or as may be reasonably required by Harbour Challenge to prevent or restrict the spread of infectious or contagious diseases e.g. chicken pox, gastro enteritis,. In particular (and without limitation) the Customer and/or the Party Leader(s) are required to advise Harbour Challenge if any Party Member has suffered from or been in contact with other persons or animals suffering from infectious or contagious diseases representing any threat to human health within the period of 4 weeks prior to the Arrival Date Harbour Challenge will agree to the cancellation of the booking of the relevant Party Member. The appropriate Cancellation Charges will apply but these may be reclaimable if covered under the terms of any Group Travel Policy or any other insurance policy taken out by the Customer or the Party Member(s).

6.5 The Customer must advise Harbour Challenge at the time of making any Booking or as soon as the Customer becomes aware of any special needs or care requirements required for any Party Member(s) and the Customer acknowledges that Harbour Challenge does not provide routine or special assistance to Party Member(s) in respect of any such special needs or care requirements.

6.6 Harbour Challenge reserves the right to decline any Booking or exclude any Party Member at any time prior to or during the Activity if in Harbour Challenge’s opinion that Party Member is not compatible with the general enjoyment and well being of the visit. Any additional costs so incurred would be entirely at the responsibility and expense of the Customer.

6.7 If there is a problem with the Activity or services provided by Harbour Challenge the Customer or Party Leader(s) must notify the Centre Manager during the stay of any claim the Customer intends to pursue thereby affording Harbour Challenge the opportunity to rectify any problem raised. If it is not resolved immediately the Customer should write to Harbour Challenge immediately at the end of there stay and Harbour Challenge will endeavour to find a satisfactory solution up to a limit of £100 per Booking (representing the maximum liability of Harbour Challenge unless otherwise provided under these Conditions). Harbour Challenge shall not accept liability for any complaint which is not notified to Harbour Challenge in writing within 7 days of the Departure Date.

7. LIABILITY

7.1 Any liability of Harbour Challenge here under (except in respect of death or personal injury caused by Harbour Challenge’s 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 Harbour Challenge’s obligations in relation to the Booking shall be limited to the excess (if any) of the cost to the Customer over the Booking Price in the cheapest available market of similar services to replace those not performed .

7.2 In all cases except where personal injury, illness, or death results Harbour Challenge’s liability is limited to once the Party Member Price (excluding insurance premiums and amendment charges) of the Party member affected in total.

7.3 Except in respect of death or personal injury caused by Harbour Challenge’s negligence or that of Harbour Challenge’s employees or agents Harbour Challenge shall not be liable to the Customer or any Party 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 (and whether caused by Harbour Challenge’s negligence or that of Harbour Challenge’s employees or agents or otherwise) which arise out of or in connection with the Booking except as expressly provided in the Conditions.

7.4 Subject as expressly provided in these Conditions all warranties, conditions, or other terms implied by statute or common law are extended to the fullest extent permitted by Law.

7.5 The Customer shall indemnify and keep indemnified Harbour Challenge from and against 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 Harbour Challenge, its employees, guests, visitors, or agents unless Harbour Challenge is liable for the same under these Conditions.

8. INSURANCE

Insurance cover is not included in the Booking Price. It is the responsibility of the party leader/s to ensure that appropriate and adequate Group Travel insurance is arranged.  Details of Group Travel Insurance providers can be obtained from Harbour Challenge upon request if required.

9. FORCE MAJEURE

Harbour Challenge shall not be liable for any delay in performing or failure to perform any obligation or alterations and cancellations due to any cause beyond Harbour Challenge’s reasonable control including strikes, lockouts, 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, cancellation of ferry's or closing of the campsite, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.

10. GENERAL

10.1 We allow 1 free adult space for every 10 paying student places. If an adult is attending as a one to one carer for a specific

student, we will allow that adult at cost or free at our discretion depending on availability.

10.2 The headings in the Conditions are for convenience only and shall not affect their interpretation.

10.3 Harbour Challenge may perform any of its obligations or exercise any of its rights hereunder by itself or through its employees agents or sub-contractors.

10.4 No waiver by Harbour Challenge of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or other provision.

10.5 No failure of Harbour Challenge to exercise any power given to it or to insist upon strict compliance by Harbour Challenge with any obligation hereunder and no custom or practice of the parties at variance with the terms hereunder shall constitute any waiver of any of Harbour Challenge’s rights under the Contract.

10.6 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

10.7 If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

10.8 Any notice given hereunder must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed.

10.9 Save as otherwise provided nothing in this Contract shall confer on any third party any benefit of the right to enforce any terms of this Contract.

10.10 The Contract shall be governed by the laws of England and subject to the jurisdiction of the English courts.

11. SPECIAL REQUESTS

All special requests should be made at the earliest opportunity in writing. Harbour Challenge will endeavour to meet all reasonable requirements and notify the appropriate persons accordingly. We cannot guarantee that special requests will be fulfilled and therefore failure to do so does not constitute a breach of contract unless they have been specifically guaranteed by the company in writing.

12. MARKETING

At certain times Harbour Challenge  takes pictures  and video at their centres for use in their promotional material. If any members of your group do NOT want to appear in any such photography they should notify us prior to their visit and advise the Customer Service Manager at centre upon arrival. Harbour Challenge uses elements of customer feedback including letters and feed back forms in some promotional material. If you do NOT wish to be quoted, please could you inform us on any written material that you submit to us.

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