a. Definitions In these terms and conditions
The provider means CrosstheUK.
The customer means any person, firm, company or other legal entity which places an order for or buys services from the provider and (where applicable) includes the children employees servants, agents or sub-contractors of any such person, firm company or other legal entity.
Service and/or services includes any course, activity, accommodation, or facility offered by the provider.
Service date means the first date upon which services are supplied by the provider to the customer under the contract.
Contract means a contract between the provider and the customer for the provision of services.
Initial payment means the fee payable by the customer to the provider at the time of booking in accordance with clause d of these terms and conditions.
Final Payment means the balance (if any) of the total cost less the initial fee.
Total Cost means the cost of the service quoted by the provider as payable at the time of booking, subject to any variation approved and agreed between the provider and the customer.
The booking date means the date when the provider receives the customers booking form and the initial payment.
Terms and Conditions means these terms & conditions.
b. Applicability of Terms & Conditions
These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the provider.
c. Booking Conditions
The contract is formed when the provider acknowledges acceptance of the customers booking form and the initial payment.
The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the provider.
Participation in adventurous activities entails some risk of injury. All staff employed by the provider are trained and appropriately qualified to run activity sessions and will at all times seek to minimise, so far as is practicable having regard to the nature of the activity being undertaken, the risk of injury. However, the customer accepts that accidents and injuries can occur.
The provider will not accept any booking from any person under the age of 18. A parent or guardian must make a booking for a child. The parent or guardian needs to be aware of and accept that participation in adventurous activities entails some risk of injury to their child. All staff employed by the provider are trained and appropriately qualified to run activity sessions and will at all times seek to minimise, so far as is practicable having regard to the nature of the activity being undertaken, the risk of injury. However, the parent or guardian accepts that accidents and injuries can occur.
The customer is responsible for the safekeeping of all equipment issued for use during the activity/course. With the exception of fair wear and tear the provider reserves the right to charge for equipment that has been lost or misused.
Neither the provider website nor its literature constitutes an offer and the provider may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with these terms condition.
The price quoted by the provider to the customer at the time of booking replaces any previously published price list.
d. Initial Fee
The initial fee, which is non-refundable, is:
Where the service is for an instructor/guide only, the full cost of the service quoted by the provider as payable on the booking date;
For all other services:
where the service date is within 56 days of the booking date, then the full cost of the service quoted by the provider as payable on the booking date;
where the service date is later than 56 days from the booking date, then 25% of the full cost of the service quoted by the provider as payable on the booking date.
e. Final Payment
The final payment is payable not less than 56 days before the service date.
f. Dishonoured Cheques
In the event of any cheque from the customer being dishonoured a charge of £25, or such other sum as the provider may from time to time advise the customer will be made to cover bank and administrative costs.
g. Cancellation by the customer
The provider will endeavor to accommodate any reasonable request by the customer for a variation in the service (such as but not limited to changes to the date, number of participants, venue, type of service). However, where these variations cannot be accommodated, the customer may cancel the contract subject to the following:
All cancellations must be in writing and sent either by post to CrosstheUK, Welton House, Baldersby St James, North Yorkshire, YO7 4PT or email to the provider. The provider will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
Where the service is for an instructor/guide only the customer will be charged on the following basis:
100% of the total cost where cancellation takes place within the period of 1 – 14 days before the service date; or
100% of the total cost where cancellation takes place on or after the service date;
25% of the total cost where cancellation takes place more than 14 days prior to the service date;
All other services:
100% of the total cost where cancellation takes place within the period of 1 – 56 days before the service date; or
100% of the total cost where cancellation takes place on or after the service date;
25% of the total cost where cancellation takes place more than 56 days before the service date;
h. Cancellation by the provider
Whilst every attempt is made to ensure that the service will be provided, the provider will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the service that will be provided.
The provider shall notify the customer of cancellation not less than five days prior to the service date where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
In the event of cancellation the customer will be offered the choice of the following options:
Full refund of the fee paid; or
Another booking on a different date.
Notwithstanding the cancellation of the service by the provider, the contract remains enforceable by the provider.
The customer will be involved in adventurous and sometimes strenuous activities. The customer must be in good general health.
The customer must complete and declare in the medical form all prior injuries and/or serious illnesses and forward the medical form to the provider as part of the booking process.
Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported.
The customer must satisfy him/herself that taking part in the course is within his/her own capabilities.
The provider reserves the right to refuse the customers booking if having regard to the contents of the medical form, and any other information possessed by the provider if it is considered to be detrimental to the safety and smooth running of the course, or to the customers wellbeing.
If at any time during the delivery of the service the provider is concerned as to the continued wellbeing of any customer, the provider may remove that customer from further participation in the service, and no refund of the total cost shall be payable by the provider to the customer.
j. Unruly behaviour
The customer is expected to comply with all safety guidance and instructions of the provider.
Any failure by the customer to comply with safety guidance and instructions, or any behaviour that disrupts the smooth running of the delivery of the service may result in the customer being excluded.
The customer will be liable for the cost of any damage caused to property or equipment as a result of any unruly behaviour or failure by the customer to comply with safety guidance and instructions.
k. Personal Property
Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the provider.
If the customer encounters any problem or difficulty the provider will try and resolve them as soon as is possible. In the first instance report anything either to the instructor, the course director or the management at the centre. If your complaint is not resolved to your satisfaction, or you wish to complain direct to the provider, please write to CrosstheUK, Welton House, Baldersby St James, North Yorkshire, YO7 4PT.
m. Force Majeure
The provider shall have no liability whatsoever in respect of any delay or failure in delivery of the service due directly or indirectly to any cause whatsoever outside the reasonable control of the provider including but not limited to act of God, war, invasion, rebellion, riot, terrorism, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
n. Limitation of Liability
The provider limits its liability to the maximum extent permitted by law as follows;
The provider shall have no liability for any loss or damage suffered by the customer or any other person as a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer;
For any claim notified to the provider by the customer more than 3 months after the service date;
Any failure by the provider to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
Nothing in these terms or conditions shall limit the provider’s liability in respect of death or personal injury caused by the provider’s negligence.
Where any clause or provision in these conditions is determined by a court to be void, then this contract shall remain in force and valid save insofar as the void word or words were deleted, insofar as the context otherwise allows.
o. Intellectual Property
Copyright and all other intellectual property rights in the products and services shown in The provider’s price lists, brochures and other literature shall remain at all time the property of The provider. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
From time to time photographs taken by the provider may appear in the providers brochures, website and promotional material. If a customer does not wish to be photographed this should be notified to the provider before the conclusion of delivery of the service.
q. Data Protection
The personal information requested by the provider at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist The provider, employees, agents and sub-contractors to deliver the service and in maintaining the providers high standards of delivery.
By supplying the provider with the information to process a booking the customer agrees that the information can be kept and accessed by the provider.
The provider will use personal information to advise the customer of future services either by post or email. If the customer does not want to receive such mailings then the customer must advise the provider of that fact.
r. Applicable Law
The contract will be governed by the laws of England any dispute will be dealt under the jurisdiction of the courts of England and Wales.
The statutory rights of the customer are not affected by this contract.