Terms and Conditions

BOOKING CONDITIONS

1. DEFINITIONS

Activity

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

Administration Charges

Amendments or alterations to Bookings must be requested in accordance with the procedure outlined at clause 4.1 and will be subject to an administration charge of £20 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 Ford Castle in accordance with these Conditions and as set out in the Booking Confirmation.

Booking Confirmation

Ford Castle’s written confirmation of Booking made on receipt of first deposit.

Booking Price

The price set out in the Booking Confirmation or as otherwise confirmed in writing by Ford Castle

Cancellation Charges

The cancellation charges payable by the Customer calculated as set out in clause 5.7.

Centre

Ford Castle, Ford Village, Ford, Berwick-upon-Tweed TD15 2PX.

Conditions

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

Contract

The contract between Ford Castle and the Customer for the Booking.

Customer

The person, firm, company or School, whose Booking is accepted by Ford Castle in accordance with the Conditions.

Departure Date

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:

First Deposit:

(a) where the Activity costs £200 or more per Party Member – 25% + VAT

(b) where the Activity costs less than £200 per Party Member – £40 + VAT

Second Deposit:

(a) where the Activity costs £200 or more per Party Member – 40% + VAT

(b) where the Activity costs less than £200 per Party Member – 60% + VAT of the remaining sum

Group Travel Policy

Fogg Travel Insurance Services Ltd, details of which are available on request, covers all areas of the Activity arranged by Ford Castle

Ford Castle

Ford Castle Adventure, whose address is

Ford Castle, Weardale Business Centre, Martin Street, Stanhope, Bishop Auckland, Co Durham, DL13 2UY

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 whose attendance is otherwise notified to Ford Castle in accordance with these Conditions.

Payment Schedule

The payment schedule provided by Ford Castle as part of the Booking Confirmation or (where no such payment schedule has been provided) payment to be made as follows:

(a) First Deposit – payable 42 days after Provisional Booking by the Customer (or at the same time as payment of the balance of the Booking Price where the Booking is made less than 42 days prior to the Arrival Date).

(b) Second Deposit – payable 56 days after First Deposit (or at the same time as payment of the balance of the Booking Price where the Booking is made less than 42 days prior to the Arrival Date).

(c) Balance of Booking Price – 42 days prior to the Arrival Date (or immediately upon Booking where that is less than 42 days prior to the Arrival Date).

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 Ford Castle and the Customer.

2.3 Any representations made by Ford Castle’s employees or agents concerning the Booking or the Activity shall not be incorporated into the Contract unless confirmed in writing by Ford Castle 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 Any quotation given by Ford Castle may be withdrawn at any time prior to acceptance by the Customer and in any event shall lapse after 30 days.

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

2.6 For the avoidance of doubt the Contract is between the Customer and Ford Castle and any claim for non payment of the Booking Price or any part thereof shall be brought against the Customer. 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.

3. ACTIVITY, PRICING AND CENTRE INFORMATION

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

3.2 The details published in various brochures and leaflets are compiled from information which to the best of Ford Castle’s

knowledge is up-to-date and accurate at the time of going to press. In the event that Ford Castle becomes aware that any information contained within such materials is or has become inaccurate Ford Castle will use reasonable endeavours to bring this to the attention of the Customer.

3.3 Prices are published in good faith based on the current academic year and Ford Castle reserves the rights to amend published price bands.

4. BOOKING PROCEDURES & CONTRACT FORMATION

4.1 Ford Castle shall generate a Booking Confirmation in response to a booking enquiry made by the Customer whether by submission of an order form or by other written or oral enquiry received from the Customer. The Booking Confirmation shall be deemed to be an offer made by Ford Castle to the Customer to enter into a contract upon the terms thereof which may be withdrawn at any time prior to acceptance and which shall in any event be deemed to expire unless accepted in accordance with clause 4.2 prior to the date stated thereon.

4.2 The Customer acknowledges that once the Booking Confirmation has been signed by the Party Leader(s) and returned to Ford Castle a binding Contract will immediately come into force between the Customer and Ford Castle. The Customer warrants that the Party Leader(s) are authorised to sign the Booking Confirmation and acknowledges 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 to ensure that each Party Member and their parent or guardian has been made aware of and complies with these Conditions.

4.3 In the event that Ford Castle agrees to accept a provisional booking, such provisional booking will be held at the discretion of Ford Castle and Ford Castle shall not be liable to the Customer or any Party Member in the event Ford Castle is unable or unwilling to provide a Booking Confirmation which incorporates the Customer’s preferred dates.

4.4 The Customer shall not be entitled to make any alteration to any documentation issued by Ford Castle. Any alteration required to any Booking Confirmation provided by Ford Castle should be notified to Ford Castle as soon as possible and prior to the signing of the Booking Confirmation and in the event Ford Castle is able to satisfy the Customer’s requirements Ford Castle shall send to the Customer a revised Booking Confirmation.

5. CHANGES AND CANCELLATIONS

5.1 Should the Customer wish to make any alteration to the Booking the requested alteration shall be notified to Ford Castle in writing by the Party Leader(s) promptly in which case Ford Castle 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) should telephone Ford Castle on 0844 800 4278 to discuss the required alteration.

Ford Castle will not make any alteration to the Booking unless a written request is received from the Party Leader(s).

5.2 The Customer acknowledges and agrees that the Booking shall only cover those Party Members specified on the Booking Confirmation or otherwise agreed in writing with Ford Castle in accordance with the Conditions and that no individual who is not a Party Member will be permitted to engage in any Activity or remain at any Centre.

5.3 Ford Castle 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.

5.4 All itineraries and programmes are subject to alteration due to weather and/or operational factors and Ford Castle 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 an alteration to the Booking Price.

5.5 Material changes may be necessary by reasons for prevailing weather conditions, operational considerations and matters beyond the control of Ford Castle (including Force Majeure events).

Accordingly, Ford Castle 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) in which case the Contract shall be deemed to be varied accordingly or

(b) to book a substituted Activity with Ford Castle providing a credit for the sums paid by the Customer or

(c) to cancel the Booking or such part of the Booking as is affected by a material change with Ford Castle refunding in full all sums paid in respect of the Booking or such part of the Booking as is affected by the material change less any insurance premiums (and excluding interest).

5.6 Where Ford Castle makes changes of a material nature less than 70 days prior to the Arrival Date the Customer shall be entitled to compensation calculated as follows:

Days prior to Arrival date on which material change is notified:

More than 70 days – Nil

70 – 35 days – £3, limited to one payment per Party Member per visit to Ford Castle

34 – 15 days – £5 , limited to one payment per Party Member per visit to Ford Castle

14 – 0 days – £7 , limited to one payment per Party Member per visit to Ford Castle

but no compensation shall be payable in circumstances where a materials change is necessary as a result of factors outside the control of Ford Castle or as the result of any act of Force Majeure.

5.7 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 Ford Castle with written notice and payment of the Cancellation Charges:

More than 42 days prior to Arrival Date – First & Second Deposits only

41 – 29 days prior to Arrival Date – 60%* of full price

28 – 15 days prior to Arrival Date – 75%* of full price

14 – 1 day prior to Arrival Date – 90%* of full price

On or after Arrival Date 100%* of full price

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

5.8 Without prejudice to any other right or remedy available to it Ford Castle shall be entitled to cancel the Contract and refuse entry to the Centre 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 Ford Castle.

5.9 Without prejudice to any other right or remedy available to it, Ford Castle shall be entitled to cancel the Contract or such part of the Contract as may be determined by Ford Castle without liability

on receipt of any notice received from the Customer or Party Leader(s) by reference to clause 7.4 in which case the Cancellation Charges shall apply calculated from the date at which notice of

cancellation is given by Ford Castle.

5.10 The Customer may be able to reclaim the Cancellation Charges (in full or in part) under the terms of the Group Travel Policy if selected by the Customer (terms and conditions apply – see leaflet for details).

6. BOOKING PRICE AND PAYMENT SCHEDULE

6.1 Subject to any special terms agreed in writing between Ford Castle and the Customer the Customer shall make payment for the Deposits and the Booking Price as set out in the Payment Schedule. Ford Castle shall not send payment reminders and the Customer must ensure that payments are made by the relevant due dates.

6.2 Unless otherwise provided in these Conditions or agreed in writing by Ford Castle any First and Second Deposits (see Deposits above) are non-refundable.

6.3 If at any time before the Arrival Date Ford Castle deems it necessary to increase the Booking Price to give effect to any increase in cost to Ford Castle in providing the Activity or services (including any increase in the rate of VAT applicable) written notice of any such increase shall be given 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 Ford Castle shall refund in full all sums paid in respect of the Booking (excluding interest).

6.4 Notwithstanding the provisions of clause 6.3 above any increase in the cost to Ford Castle 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 Ford Castle 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 5.7.

6.5 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 Ford Castle shall be entitled to charge the

Customer interest at the rate of 3% per annum above Lloyds TSB 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).

7. CUSTOMER’S OBLIGATIONS

7.1 Participation in activities requires Party Member(s) to be in good health and have a reasonable basic level of fitness. All Party Members taking part in activities in water must be able to swim at least 50 metres unaided.

7.2 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. Ford Castle staff provide activity instruction only to groups during 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 any part of the Centre other than in those areas marked as designated smoking areas.

(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 Ford Castle.

(g) Ford Castle is reimbursed in full on or before the Departure Date 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).

7.3 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.

7.4 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 Ford Castle 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 Ford Castle 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. In the event that cancellation of the booking of the relevant Party Member is necessary the appropriate Cancellation Charges will apply but these may be reclaimable if covered under the terms of the Group Travel Policy or any other insurance policy taken out by the Customer or the Party Member(s).

7.5 The Customer must advise Ford Castle 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 Ford Castle does not provide routine or special assistance to Party Member(s) in respect of any such special needs or care requirements.

7.6 Ford Castle reserves the right to decline any Booking or exclude any Party Member at any time prior to or during the Activity if in Ford Castle’s opinion the inclusion of 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.

8. COMPLAINTS

In the event that the Customer is not satisfied with the Activity or services provided by Ford Castle the Customer or Party Leader(s) must notify the Ford Castle Centre Manager during the stay of any claim the Customer intends to pursue thereby affording Ford Castle the opportunity to rectify any problem raised. If it is not resolved immediately the Customer should write to Ford Castle immediately and Ford Castle will endeavour to find a satisfactory solution up to a limit of £1,500 per Booking (representing the maximum liability of  unless otherwise provided under these Conditions).

Ford Castle shall not accept liability for any complaint which is not notified to Ford Castle in writing within 28 days of the Departure Date.

9. INSURANCE

Insurance cover is not included in the Booking Price and may be available for th Customer and/or the Party Member(s ) under the terms of the Group Travel Policy (subject to payment of relevant premiums).

10. FORCE MAJEURE

Ford Castle shall not be liable for any delay in performing or failure to perform any obligation or alterations and cancellations due to any cause beyond Ford Castle’s reasonable control including 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 increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this Agreement.

11. SPECIAL REQUESTS

All special requests should be made at the earliest opportunity in writing. Ford Castle 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 Ford Castle in writing.

12. PHOTOGRAPHY AND MARKETING

12.1 At certain times Ford Castle retains professional photographers to take pictures at Centres for use in promotional material. If any members of your group do NOT want to appear in any such photography the Party Leader(s) should notify us prior to their visit and advise the Customer Service Manager at the Centre upon arrival.

12.2 Ford Castle uses elements of customer feedback including letters and feed back forms in some promotional material. If you doNOT wish to be quoted, please could you inform us on any written material that you submit to us.

13. DATA PROTECTION

Ford Castle has measures in place to protect the personal data by us. Personal data collected from you including personal data relating to Party Members will only be used by Ford Castle in order to fulfill our obligations under the Contract including in the administration of your Booking and in the arrangement and provision of the Activity and in complying with our obligations in relation to health and safety and other regulatory obligations as well as for informing you about Ford Castle’s products and services. All personal data is processed in accordance with data protection legislation.

14. GENERAL

14.1 We allow 1 free adult space for every 8 paying student places. If an adult is attending as a one-to-one carer for a specific student, we will allow that adult free at our discretion depending on bed availability.

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

14.3 Ford Castle may perform any of its obligations or exercise anyof its rights hereunder by itself or through its employees agents or sub-contractors.

14.4 No waiver by Ford Castle 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.

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

14.6 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.

14.7 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.

14.8 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.

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

16 December 2011