Mersey Weaver Adventures
1. Bookings Terms & Conditions
1.1 The following definitions apply in these Conditions:
Buyer/Booker/Hirer/You/Your: the person, organisation or company who places a booking with the Charity.
Charity/ Our/Us/We/: Mersey Weaver District Scout Council/Mersey Weaver Adventures/Queen Charlotte’s Wood/Clogwyn Centre
Consumer: a Buyer who is not placing a booking for the purposes of a business/charitable business.
Contract: any contract between the Charity and the Buyer for the booking of accommodation, activities, event tickets, equipment or transport formed in accordance with Condition 2.
Day: any day between Monday to Friday (inclusive) except a day which is a statutory holiday in England.
Bookings: any goods agreed in the Contract to be supplied to the Buyer by the Charity (including any part or parts of them).
Special Order: a Contract which involves the supply of a Booking which either (a) the Charity does not generally offered, or (b) will be customised to the Buyer’s specification etc.
Written or in writing: shall include transmissions by email and /or facsimile transmissions unless the Charity specifies otherwise.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 Headings do not affect the interpretation of these Conditions.
2. Application Of Terms
2.1 In order to provide You, with a consistent and high quality service we must ask You to accept these terms and conditions in their entirety. By placing an order You confirm you have read and accept the Our terms and conditions. Subject to any variation under Condition 2.3 these terms and conditions supersede all others. Should you not wish to accept these terms we would ask you not to proceed with an order.
2.2 You acknowledge that You have not relied on any statement, promise or representation made or given by or on Our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit Our liability for fraudulent misrepresentation.
2.3 These Conditions apply to all Our sales, whether by mail order, telephone, email or Our website, and any variation to these conditions and any representations about the Booking shall have no effect unless expressly agreed in writing and signed by the Chair of the board of trustees.
2.4 Each Order or acceptance of a quotation for a Booking by You to Us shall be deemed to be an offer by the Buyer to make an order subject to these Conditions.
2.5 Any quotation is given on the basis that no Contract shall come into existence until We confirm the acceptance of order to You. We will hold the quotation for You for a period of 20 days from its date, provided that the We have not previously withdrawn it.
2.6 In the case of Special Orders, We may accept an order for certain bespoke bookings. Please be advised that in these cases additional terms and conditions will apply. We will not create a contract until You have been advised of these in our quotation.
3. Description and Specification
3.1 The details and description of the booking shall be as set out in Our quotation or acknowledgement of order. Where we are unable to fulfil a booking, you will be advised and alternative dates provided. Where we are unable to fulfil an order we will contact the you to agree suitable alternative accommodation or activities. The alternative booking shall then be or form part of the booking for the purposes of the Contract.
3.2 All descriptive matter, specifications and advertising issued by Us and any descriptions or illustrations contained in Our catalogues, brochures or website are for the sole purpose of giving an approximate idea of the booking described in them.
3.3 In the case of Special Orders, You shall: (a) ensure that all requirements are specified fully, correctly and clearly; and (b) accept all responsibility for any errors or omissions with Your specifications.
4.1 Unless otherwise agreed, by Us, delivery of any equipment booked shall be made to the address for delivery as stated in the Order. Delivery shall be, in Our opinion, by such method as appropriate for the booking..
4.2 If You are not available at the time of delivery to receive the Booking and you have given Us special instructions for this eventuality, we shall endeavour to follow those instructions, but if this is not possible (or if you have not given us such instructions) we shall be unable to fulfil the booking but retain all fees paid.
5.1 The information shown on the dispatch note will be considered proof of what has been received by You, unless You can provide evidence proving the contrary.
5.2 We shall not be liable for any non-delivery of a Booking (even if caused by Our negligence) unless You give written notice to Us of the non-delivery within 3 days of the date when the booking would in the ordinary course of events have been received.
5.3 Any liability by Us for non-delivery of the Booking shall be limited to rescheduling the Booking within a reasonable time or issuing a credit note at the Contract rate against any invoice raised for the Booking.
6.1 Any loaned equipment or property is at Your risk, from when it leaves Our premises or, in the case of equipments dispatched by a third party or agency on our instruction, from the time when they leave the premises of the third party or agency.
7.1 The price for the booking shall be the price set out on our website on the date on which the Order is placed. Unless otherwise agreed such as in a Special order, bespoke quotation. If the date of a booking is rearranged by You then it may be subject to a price change based on the new date.
7.2 The prices for the Bookings are Inclusive of VAT (where applicable).
8.1 Payment is only accepted in pounds sterling and is due at the time of the Order. Unfortunately, We will be unable to fulfil Your Order until funds are cleared.
8.2 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Us to You.
9. Quality and Returns
9.1 Under the Consumer Contracts Regulations 2013, if You are a Consumer, You have the right to cancel Your Order at any time within 14 days from the day after the order has been placed. Cancellation must be made in writing.
9.2 We regret We will not be able to provide refunds for Bookings if you are not entirely satisfied.
9.3 Deposits are non refundable.
9.4 Should You wish to cancel a Booking, You should notify the Charity at least 28 days before the Booking is due to take place (by email to firstname.lastname@example.org). For bookings of equipment, transport and accommodation we will issue a refund less any deposit paid. After this date any balance is non-refundable / due in full.
9.5 Nothing in this Condition 9 will affect Your statutory rights (including rights under the Consumer Protection Consumer Contracts Regulations 2013 where the Buyer is a Consumer).
9.6 Should you have any query or complaint about our products or services please contact our Booking Team by email email@example.com
10. Limitation of Liability
10.1 Subject to Condition 4, Condition 5 and Condition 9, the following provisions set out the entire financial liability of the Charity (including any liability for the acts or omissions of its volunteers, agents and sub-contractors) to You in respect of: (a) any breach of these Conditions: (b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. However, nothing in these Conditions excludes or limits Our liability: (a) for death or personal injury caused by Our negligence: or (b) under section 2(3), Consumer Protection Act 1987; or (c) where it would be illegal for Us to exclude or limit our liability, or attempt to do so
10.3 Subject to Condition 10.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the Contract shall be limited to the Contract price. We shall not be liable for any indirect or consequential loss.
11.1 We may assign the Contract or any part of it to any person, firm or company.
11.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of the Charity.
12. Force Majeure
We reserve the right to defer the date of your booking or to cancel the Contract or reduce the booking ordered by You (without liability to You) if We are prevented from or delayed in the carrying on Our business due to circumstances beyond Our reasonable control.
13.1 Each right or remedy in these terms and conditions are severable. If any provision of these terms are held to be unenforceable by any competent authority in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
13.2 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.4 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
13.5 We may change these terms and conditions from time to time. We recommend that you review our terms and conditions on a regular basis.
13.6 We will use every reasonable endeavour to verify the accuracy of the information posted on this website, but we cannot guarantee its completeness or accuracy.
13.7 This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website.
14.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post to the registered offices listed below:
The Charity’s office is:
Mersey Weaver District Scout Council
The Heath Technical and Business Park
14.2 We will try our utmost to respond to any queries you may have as soon as possible, and within a maximum of 10 working days, after receipt of your query.