V2FEB2019
We are The Adventure Experience Limited a company registered in England and Wales. Our company registration number is 07162576 and our registered office is at Beverley Park Golf Range, Beverley Way, New Malden, Surrey, KT3 4PH. Our registered VAT number is 992 6429 74
1. General
1.1 These Booking Terms and Conditions (the “Terms”), together with the Safety Rules(the “Rules”) and the FAQs apply to all bookings made with Altitude Adventure for Sky Trail activities (the “Activities”) at Altitude Adventure, Chingford.
1.2 These Terms contain important information regarding participation in the Activities by you and the members of your party and accordingly, you acknowledge and agree that you shall ensure all members of your party are aware of and accept these Terms, the Rules and FAQs.
1.3 No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by Altitude Adventure.
1.4 Altitude Adventure reserves the right to make changes to the Activities for any reason, subject to the provisions of these Terms.
1.5 All bookings are subject to the Rules, which apply to the relevant course. A copy of the Rules is displayed on site and is published in the Rules at the link provided above.
1.6 Participants who do not comply with the Rules will not be allowed to take part in the Activities. If you break the Rules when you are on the course you may be asked to leave and you will not be entitled to a refund.
1.7 These Terms will apply to any contract between us for the purchase of the Activities to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Activities from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to book any Activities through our site.
2. How the contract is formed between us and you
2.1 Our website will guide you through the steps you need to take to place an order with us for the Activities. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
2.4 If we are unable to fulfil your order, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Activities, we will refund you the full amount as soon as possible.
2.5 You must advise Altitude Adventure as soon as possible of any mistake in the Altitude Adventure order or Dispatch Confirmation. Altitude Adventure shall use its reasonable endeavours to ensure that you and your parties participation commences at the time booked and it shall be the responsibility of each participant to ensure they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refund or compensation will be payable in such circumstances.
3. Contacting us
Contacting us if you are a consumer:
3.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at chingfordbookings@altitudeadventure.co.uk or contact our customer services team by telephone on 020 8527 3232 or by post to Altitude Adventure, A406 Southend Road, Chingford, London, E4 8TA. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
3.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 020 8527 3232 or by e-mailing us at chingfordbookings@altitudeadventure.co.uk.
3.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Contacting us if you are a business.
3.4 You may contact us by telephoning our customer service team at 020 8527 3232 or by e-mailing us at chingfordbookings@altitudeadventure.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
4. If you are a consumer.
This clause only applies if you are a consumer.
4.1 If you are a consumer, you may only order the Activities from our site if you are at least 18 years old. However you do not need to be 18 years old to participate in the Activities.
5. If you are a business.
This clause only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Activities.
5.2 These Terms, the Rules, the FAQs and our Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. Our right to vary these terms.
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Activities from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or any other reasonable requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
7.Cancellations and Refunds
7.1 Altitude Adventure is an all year round outdoor activity, which can be enjoyed regardless of the UK’s changeable weather conditions. Subject to the weather conditions set out in the Rules, Altitude Adventure will be open so please come suitably dressed with changeable weather in mind so you can enjoy your Activities.
7.2 We will notify you at our earliest opportunity of cancellations for safety reasons or other reasons and ask you to re-schedule your session for an alternative day and time. In the event that Altitude Adventure has to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable.
7.3 Booking in advance guarantees your space at a discounted rate on a session of your choice. If you are a business customer, we do not offer refunds on such bookings, if you wish to cancel your booking and the facility is in operation. If you choose to cancel up to 7 days before your session we will reschedule your booking, subject to availability. Applies to booking of less than 15 people only.
7.4 Subject to clause 7.10, we do not accept cancellations or permit bookings to be rescheduled within 7 days of your booked session. However, your ticket can be transferred to another person for the same date and time. Applies to bookings of less than 15 people only.
7.5 Subject to clause 7.10, bookings of 15 or more people cannot be rescheduled within 14 days of your booked session. However, your tickets can be transferred to others persons for the same date and time.
7.6 Subject to clause 7.10, bookings eligible to be rescheduled need to be booked for a session within 3 months of the original booking date. Bookings can only be rescheduled once.
7.7 Payments made by debit or credit card can only be refunded on the same card the original transaction was made.
7.8 We will make any refunds due to you as soon as possible, and in any event within 14 days.
7.9 If any participants from group booking do not attend the Activities, the total cost for the group will still apply. Extra participants may be added subject to availability and additional costs.
7.10 If you are a consumer, for most services bought online you have a legal right to change your mind within 14 days, beginning after the day we email you to confirm we accept your order and receive a refund. However you do not have a right to change your mind in respect of Activities once these have been completed, even if the cancellation period is still running.
8. Safety
8.1 All participants will receive safety training delivered by an Altitude Adventure Instructor prior to their session.
8.2 Altitude Adventure reserves the right to refuse admittance to the Activities or to remove a participant from the Activities should it reasonably deem it necessary to do so. This includes a participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs.
8.3 After the safety briefing, participants will not be directly supervised by an Instructor. On Altitude Adventure, a participating adult must accompany anyone smaller than 1.2 metres but taller than 1 metre to a ratio of 1 child to 1 adult. Subject to these Terms, participating adults accept responsibility for the safety of him or herself and for supervision of children in his or her care.
8.4 All participants must be reasonably fit and healthy, and are subject to the height and weight restrictions as stated on the website in the Rules. Altitude Adventure uses harnesses that cover most body types. If your body type prevents the safe fitting of these harnesses you will not be able to participate and you will be given a full refund.
8.5 All participants are required to wear a full body safety harness provided by Altitude Adventure and fitted by an Instructor and once fitted, participants must not tamper with the fittings.
8.6 If participants are in any doubt as to whether they should attempt the Activities they are advised to spectate before booking and contact us for any further information. If participants have medical concerns or suffer from any medical condition, which would make it more likely that they would be involved in any incident, which could result in injury to themselves or others then they are advised to consult their doctor in advance. Altitude Adventure is not recommended for participants with any of the following conditions:
- Back problems
- Neck problems
- Heart problems
- Recent surgery
- If you are pregnant
8.7 Any recent physical condition that may be aggravated by participating in the Activities.
8.8 Subject to clauses 12 and 13, participation in the Activities is entirely at the participant’s own risk.
8.9 Due to the physical nature of the Activities, Altitude Adventure does not permit pregnant women to participate.
8.10 Altitude Adventure shall be entitled to prevent any person from undertaking or completing the Activities if it deems the behaviour of any participant unsuitable.
8.11 Participants must be dressed appropriately and, for safety reasons, Altitude Adventure reserves the right to refuse admittance to the Activities to any participant who is not appropriately dressed.
8.12 The Activities will remain open in most weather conditions apart from very high winds, electrical storms, heavy ice or snow at the discretion of Altitude Adventure.
8.13 No refunds or compensation will be payable by Altitude Adventure in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities once they have arrived to participate in the Activities.
9. Clothing
9.1 It shall be the responsibility of all participants to ensure that they are dressed appropriately – please see the Rules for further details. Altitude Adventure advises participants to wear clothing appropriate for the weather conditions. In particular please note that participants may not undertake the Activities in open-toed or slip-off shoes and long hair must be tied back.
9.2 Except as otherwise set out in these Terms, Altitude Adventure will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.
9.3 All personal items must be left in the lockers provided or with a spectator. Altitude Adventure is not liable for personal items that has been lost, stolen or damaged whilst stored in the lockers provided.
10. Price and Payment
10.1 Subject to any terms agreed in writing by Altitude Adventure our charges for the Activities shall be due in full at the time of booking.
10.2 You can only pay for Activities using a debit card or credit card. We accept all major debit and credit cards but not Diners and Amex.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, the Activities in your order may be incorrectly priced. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11. Marketing
11.1 From time to time we take pictures and videos during activities at Altitude Adventure. By taking part in these activities, you are giving us your permission to use any pictures of yourself and anybody in your party for possible use in Altitude Adventure promotion and marketing. We will never sell these pictures and only use them exclusively for our own use. If you object to us using images of you or your party then please inform us in writing to chingfordbookings@altitudeadventure.co.uk when making your booking or at any time afterwards (we will act promptly on any such objection and will cease all further use of such images but may not be able to remove all historic uses).
12. Our liability if you are a business
This clause 12 only applies if you are a business customer.
12.1 Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence; or
b) fraud or fraudulent misrepresentation.
12.2 Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits (whether direct or indirect), sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Activities.
12.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Activities. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Activities are suitable for your purposes.
13. Our liability if you are a consumer
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 You agree not to use the Activities for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence; or
b) fraud or fraudulent misrepresentation.
14. Other liability
14.1 Subject to clauses 12 and 13, Altitude Adventure shall not be responsible for the loss, or damage, of or to any property arising from the booking of or participation in the Activities.
14.2 There is a parking area at the site. Any vehicle and its contents are left entirely at the owner’s risk.
14.3 Except as otherwise provided in these Terms any liability of Altitude Adventure shall be limited to the refund of any charges paid to Altitude Adventure for the Activities.
15. Events outside our control.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
15.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer you may contact us as described in clause 3.
If you are a business:
16.3 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.4 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
16.5 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.6 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. How we may use your personal information.
17.1 How we will use your personal information. We will use your personal information in accordance with our Privacy Policy as follows:
a) to supply the Activities to you;
b) to process your payment for the Activities; and
c) with your consent (which you may freely give or withdraw at any time) to send you information about similar activities that we provide.
18. Other important items
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Activities through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).