Terms and Conditions

Dynamic Adventures Activity Booking Terms & Conditions

1. General Issues

1.1. These booking Terms and Conditions apply to the booking of all Dynamic Adventures South West CIC Activities (each the “Activity”), set out in the Dynamic Adventures quote or Activity Confirmation.

1.2. These Booking Terms and Conditions contain important information concerning participation by you and, if you are booking on behalf of a group, members of your group. You acknowledge and agree that you shall ensure that all members of your group are aware of, and accept, these Booking Terms and Conditions.

1.3. No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by Dynamic Adventures.

1.4. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by Dynamic Adventures (including any electronic documentation) shall be subject to correction without any liability on the part of Dynamic Adventures.

1.5. Dynamic Adventures reserves the right to make changes to your Activity whether to conform to any applicable safety or other statutory requirements or otherwise.

1.6. All matters arising out of these Booking Conditions are governed by English Law and subject to the jurisdiction of the courts of England & Wales.

2. Booking Process – Reservation & Confirmation

2.1. To book a Dynamic Adventures Activity, book on-line at www.dynamicadventuescic.co.uk email us at info@dynamicadventurescic.co.uk and request a quote, or contact us on 01803 862725. We aim to provide quotes within 2 working days of receipt of a request.

2.2. All quotes are subject to availability and availability will only be checked once Dynamic Adventures has received your verbal or written booking request.

2.3. Quotes will only be valid for a fixed period of time and may be withdrawn at any time prior to Dynamic Adventures confirmation of the booking. Prices quoted shall remain valid for 14 days unless otherwise specified in writing.

2.4. To secure a booking you must pay the deposit which, unless otherwise shown, is 50% of the cost. The whole amount is payable if the Activity is within 28 days.

2.5. Failure to send the deposit will result in any provisional bookings being cancelled.

2.6. Once Dynamic Adventures has received your deposit, Dynamic Adventures will send to you an Activity Confirmation. You should contact Dynamic Adventures within 7 days to advise of any errors in the confirmed reservation or the invoice (or within 24 hours if the Activity falls within 28 days).

2.7. The Activity Confirmation will show the details of your booking, paid amounts and (where applicable) the date on which the balance of the payment is due. Full payment must be received for every reservation at least 28 days prior to the Activity. Please note that Dynamic Adventures doesn’t always email or call with reminders for the balance payment. Therefore, it is important to ensure your payments reach Dynamic Adventures on time.

2.8. Dynamic Adventures reserves the right to cancel bookings where the balance is outstanding less than 15 days prior to the Activity.

3. Prices & Payment

3.1. Prices quoted are in pounds Sterling. For groups, the outstanding balance will be the total aggregate outstanding balance for all members.

3.2. Payment can be by Direct Bank Transfer using the bank details below or by calling the office if you wish to pay by card. Our bank details for direct bank transfers: Bank: Santander Account Name: Dynamic Adventures South West CIC Account No: 51886872 Sort Code: 09-01-28 3.3. Any refunds due will be made in the same way as payment was made.

4. Making Changes

4.1. If you reduce the number of participants in your group after paying the deposit, we will charge on the basis of the number originally booked. If you add members to your group we will, if possible, accommodate them and will inform you of the cost increase before the Activity.

4.2. All requests for cancellation or changes need to be made to Dynamic Adventures in writing (including emails). If by post please allow 72 hours for notification to be received. If by email please allow 48 hours for notification to be received. Deposits are non-refundable unless otherwise provided in these Booking Conditions.

5. Cancelling your Activity

5.1. If you wish to cancel the booking, you must tell us immediately. Verbal cancellations will not be accepted. No refund will be made of any payment already made.

5.2. It is unlikely that Dynamic Adventures will have to cancel your Activity but, as arrangements are planned many months in advance, Dynamic Adventures reserves the right, in certain circumstances (particularly extreme weather conditions), to cancel your Activity.

5.3. If Dynamic Adventures has to cancel it will inform you as quickly as possible. Dynamic Adventures will offer you the choice of the following options: a) an alternative Activity; or b) an alternative date; or c) cancel your Activity and receive a full refund of all monies you have paid to Dynamic Adventures.

5.4. Dynamic Adventures reserves the right to make changes to the Dynamic Adventures Activity whether to conform to any applicable safety or other statutory requirements or otherwise.

6. Dynamic Adventures’ Liability to You

6.1. Dynamic Adventures warrants that the services comprised in the Activity will be performed with reasonable skill and care and in accordance with this contract.

6.2. Nothing in these terms’ limits Dynamic Adventures’ liability for death or personal injury arising from Dynamic Adventures’ negligence.

6.3. Subject to clause

6.4. Dynamic Adventures’ liability hereunder for any delay in performing or any failure to perform any of Dynamic Adventures’ obligations shall be limited to the payment of a refund of payments made. Any refunds are subject to you having first taken all reasonable steps to notify Dynamic Adventures’ staff or the supplier at the Activity and given Dynamic Adventures the opportunity to rectify the problem.

6.5. Dynamic Adventures cannot accept responsibility for death, injury, illness or loss of property arising from your Activity unless itis proved this is due to negligence or omission of Dynamic Adventures’ employees, agents, suppliers or subcontractors whilst carrying out the course of their duties on Dynamic Adventures’ behalf.

6.6. Dynamic Adventures warrants that it has taken all reasonable and proper steps to ensure that the suppliers of the various services, which will be provided to you as part of your Activity, are safe and reputable businesses and that they comply with the local and national laws and regulations which apply to the service they provide.

6.7. Personal injury: If you and any member of your party suffers illness, injury or death and it is proved this is due to negligence or omission of Dynamic Adventures’ employees, agents or suppliers, you must tell Dynamic Adventures about your illness or injury whilst you are at Dynamic Adventures’ site and write to Dynamic Adventures within three months with details.

7. Complaints about your Activity Dynamic Adventures appreciates that, in spite of every effort that it puts into make sure that you have a trouble-free enjoyable Activity; things from time to time go wrong. If you have a complaint, you must inform Dynamic Adventures’ staff immediately. They will do their utmost to resolve the problem as soon as possible. In the unlikely event that a satisfactory solution is not found and you wish to bring the matter to Dynamic Adventures’ attention, please write to Dynamic Adventures detailing in full the nature of the complaint, and your booking and contact details within 28 days of the Activity. This will allow Dynamic Adventures to investigate your complaint efficiently and effectively.

8. Data Protection

8.1. Dynamic Adventures needs to collect from you, hold and use certain personal information relating to you and all the members of your group. This will be processed in accordance with our Privacy Policy.

8.2. If you are booking for a group then, in making this booking you are consenting on behalf of all members of your group to Dynamic Adventures processing their personal information in accordance with the Privacy Policy.

9. Risk Acknowledgement and Disclaimer These Booking Terms and Conditions incorporate Dynamic Adventures’ Consent Form, which you and each member of your Group will be required to sign before being allowed to undertake the Activities. A copy of the Risk Acknowledgement and Consent form can be accessed on Dynamic Adventures’ website.

10. Practical Matters There are a number of physical and practical qualifications for everyone attending an Activity. There are also codes of behaviour to be followed while on an Activity. You are expected to read and agree these before attending the Activity. They are set out in the Dynamic Adventures Essential Information Document - Dynamic Adventures South West CIC Essential Information Document.

11. General This document explains what qualifies you to go on a Dynamic Adventures Activity. It also explains how you should behave during the Activity.

12. Arrival

12.1. It is essential for participants to arrive in time for the Activity. Please note that the starting point, unless otherwise stated in the Activity confirmation, depends on the Activity. If the Activity is Water Activities, Caving & Orienteering then the start will be The Adventure Centre, Park Road, Dartington Hall, TQ9 6EQ. Otherwise it will be the Overflow Car Park, Dartington Shops, TQ9 6TQ.

12.2. If you miss your start time due to reasons outside your control (for example delays caused by bad traffic), then it will be at the discretion of the Dynamic Adventures instructor, as to whether he/she is able to accommodate you into the Activity. No refunds or part-refunds will be made if this is not possible.

13. Medical

13.1. If you have a medical concern you are advised to consult their doctor in advance. You will be required to certify that they do not suffer from any medical condition which would make it more likely that you would be involved in any incident which could result in injury to themselves or others.

13.2. You must inform the instructor if you (or any member of your group) are taking any medication or suffer from any medical conditions such as back problems, epilepsy, heart conditions, asthma, diabetes or mental health conditions before starting the Activity.

13.3. Dynamic Adventures recommend that pregnant women should not take part in zip line, rock climbing, abseiling or high ropes. Pregnant women will be required to sign a disclaimer confirming that they are aware that there are risks to them and their unborn child and that participation in the Activities is at their own risk. (See Dynamic Adventures Consent Form).

14. At the start of the Activity

14.1. You must be:

a) Height - you must be at least 1.0m (or 1.4m for the High Ropes Activity);

b) Weight – You must not weigh more than 20 Stone and able to fit the harness we use; and c) Dressed appropriately for the weather conditions and which they do not mind getting damaged. In particular:

· You may not undertake the Activities in sandals, open-toed or slip-off shoes;

· Long hair must be tied back;

· Waists must be covered and piercings removed or taped over for comfort; and

· Further details are on the What to Wear page.

14.2. The Duke of Edinburgh’s Award participants need to have the correct kit– see the DofE Kit List page.

14.3. You or your group leader must supply for every participant:

· Medical information for children under 18 in a school group; or

· Signed Dynamic Adventures’ Consent form in respect of yourself and, if any, members of your group.

14.4. You will need to be able to see long distances in order to be able to complete the Activity and to supervise any under 18’s in your care. Consequently, if you are short or long sighted you must ensure that you wear contact lenses or prescribed glasses.

14.5. If you are under 18 you must have a responsible adult with you at the start and end of the Activity.

15. During the Activity

15.1. If there is safety training you must demonstrate to the satisfaction of the instructors that you have understood and are competent to carry out the particular Activity.

15.2. You must wear the specialist equipment provided for your Activity.

15.3. We reserve the right to refuse to allow you to participate, or remove you from, the Activities should it be, in our view, necessary to do so. Examples are someone who does not comply with the safety rules and advice or the safety system or who is deemed to be under the influence of alcohol or drugs.

15.4. You are required to act responsibly and courteously at all times and to respect others. We are entitled to prevent any person from undertaking or completing the Activities in the Activity if we think their behaviour unsuitable.

15.5. No refunds or compensation will be payable by Dynamic Adventures in the event that you are not permitted to, or decide not to undertake or complete the Activities, for the reasons set out in this clause.

15.6. Dynamic Adventures will not be responsible for any damage to or loss of clothing or other personal items resulting from participation in the Activities or items you leave behind.