Terms & Conditions
IMPORTANT NOTICE : It is very important that our clients are aware of our terms and conditions of business specified and contained in this document (“terms and conditions”) and accept the risks associated with our activities. Personal accident and cancellation insurance is highly recommended.
Scots Boot Camp Ltd trading as Scottish Boot Camp shall accept bookings subject to the following conditions:-
1. Interpretation and Definitions
“SBC” means Scottish Boot Camp Ltd. trading as Scottish Boot Camp;
“Booking” means a booking made by a Client with SBC as set out in the Booking Form;
“Booking Form” means the Booking Form produced by SBC to be completed by the Client upon making a Booking;
“Contract” means the contract between the Client and SBC under which the Services are to be provided by SBC to the Client;
“Client” means the person, firm or company who makes the Booking with SBC. For the avoidance of doubt any individuals to whom the Services are provided by SBC must be a minimum age of 18;
“Deposit” means an amount equal to 30% of the Fee;
“Fee” means the amount payable by the Client to SBC under the Contract;
“Force Majeure “ means any situation or event beyond the control of SBC including (without any limitation whatsoever) situations involving the work force of SBC or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any rule or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or sub-contractors, strikes, lock outs or other industrial disputes;
“Major Change” means a change in the date, location booked or over 80% of the content of the Services;
“Recordings” means photographs, videos or any other visual recordings taken of any Client during the provision of the Services;
“Services” means the activities and services provided by SBC to the Client under the terms of the Contract;
1.2.1 Words importing the singular meaning shall include the plural and vice versa.
1.2.2 Any reference to a specific statute includes any statutory extension, amendment, modification or re-enactment of such statute and any regulations or orders made thereunder and any general reference to “statute” or “statutes” includes any regulations or orders made thereunder.
1.2.3 Reference to any gender includes the other genders.
1.2.4 The clause and paragraph headings are for convenience only and shall not affect the construction of our terms and conditions.
For the avoidance of doubt our terms and conditions will be incorporated into every Contract and in the case of any inconsistency with any Booking Form or other form of communication between the Client and SBC, whatever may be their respective dates, the provisions of our terms and conditions shall prevail unless expressly varied in writing and signed on behalf of SBC. For the avoidance of doubt our terms and conditions shall be deemed to have been read, fully understood and accepted by the Client.
To confirm a Booking SBC require a completed Booking Form together with the Deposit. If a Booking is made by telephone, e-mail or facsimile then the Client shall be deemed to have read and fully understood our terms and conditions. All Bookings shall be provisional and are only confirmed once the Deposit has cleared in the bank account of SBC. For the avoidance of doubt SBC reserves the right to decline any Booking at their sole discretion.
4.1 A Contract for the Services is made between SBC and the Client upon the issue of written confirmation of a Booking via the medium of e-mail or post by SBC.
4.2 No variation of our terms and conditions shall be valid unless in writing and signed by or on behalf of SBC and the Client.
4.3 No verbal representations made by SBC shall be relied upon by the Client at any time.
5. Fee and Payment
5.1 The Fee payable by the Client will cover the planning, organising and delivery of the Services by SBC.
5.2 Following the Contract being constituted a programme of activities will be provided by SBC to the Client detailing the Services and, if the Client wishes to alter any aspect of the Services (and subject to such alteration being acceptable to SBC in their sole discretion), SBC may make such additional reasonable charges as it may in its absolute discretion decide and such charges shall be notified in writing to the Client. If the Client refuses to pay such charges, SBC shall be entitled to forthwith cancel the Contract and notwithstanding any other provision in our terms and conditions the cancellation charges set out in condition 8 hereof shall apply.
5.3 The balance of the Fee shall be paid six weeks before provision of the Services unless otherwise agreed with SBC and confirmed in writing by SBC. In the event of the said balance not being paid as aforesaid SBC will have the option to treat the Booking by the Client as cancelled and to resell the course place and SBC shall be entitled to retain the Deposit.
5.4 The Fee shall require to be paid in its entirety to secure a place for any Booking made within four weeks of the commencement of the course.
6. Responsibilities of the Client
6.1 The Fee does not include travel to and from the site/location at which the proposed Services shall be provided.
6.2 The Client shall be responsible for their own personal medical requirements, clothing and footwear for the duration of the Services unless otherwise agreed in writing with SBC.
6.3 The Client shall inform SBC in writing, prior to conclusion of the Contract, of any health issues and/or medical conditions that may make the Client unsuitable to participate in the Services. Failure to disclose any such information as aforesaid may result in SBC terminating the Contract and withdrawing the Client from the Services without any refund being paid to the Client.
7. Variations and Amendments
7.1 SBC reserves the right to change any price or other particulars of the Services before the Contract becomes binding.
7.2 If there is a Major Change to a confirmed Booking SBC will inform the Client as soon as is reasonably practicable. SBC will offer the Client the opportunity to accept the change or shall seek to offer the Client arrangements as close to the original arrangements as is reasonably possible in the circumstances on an alternative date or offer the Client a full refund (excluding the Deposit). No compensation shall be payable by SBC to the Client.
7.3 If there is any other change other than a Major Change (including Force Majeure) after the Contract is binding then SBC is not obliged to inform the Client in advance or obliged to pay any compensation to the Client.
8. Cancellations by the Client
8.1 If the Client wishes to cancel the Contract they must advise SBC in writing as soon as is reasonably practicable. Any cancellation of the Contract will be subject to the following cancellation charges. For the avoidance of doubt the cancellation charges are based on the number of days before the arrival date of the Services:-
|Date of cancellation||Cancellation charge|
|Less than 6 weeks||100% of the Fee|
|Less than 12 weeks||75% of the Fee|
|Less than 16 weeks||50% of the Fee|
|More than 16 weeks||30% of the fee|
For the avoidance of doubt if the Client fails to arrive on the date the provision of the Services commences the Fee shall be payable in full to SBC and no refund shall be given by SBC to the Client.
9. Cancellations by SBC
SBC will always endeavour to fulfil a confirmed Booking however, and notwithstanding any other provision in our terms and conditions, SBC do reserve the right to cancel any Contract. If SBC cancels a Contract prior to commencement of the Services the Client will be offered either an alternative date for provision of the Services or a full refund. No compensation shall be paid by SBC to the Client.
10. Alterations to Services by SBC
10.1 SBC reserves the right to alter the content of the Services at any time without notice to the Client for such reasons (but not limited to) weather conditions and fitness of course participants.
10.2 Any information on the Services published by SBC for its literature and website is designed for illustrative purposes only.
10.2 If the Client elects not to participate in any of the Services being provided SBC has no obligation to provide an alternative activity or Services and the Client will not be entitled to any refund.
10.5 If SBC is of the view the health or safety of a Client is at risk or if a Client has failed to disclose any relevant health information in accordance with our terms and conditions then SBC may at its absolute discretion make decisions affecting any Client and where necessary may terminate the Contract immediately and without any refund being paid to the Client.
10.6 The Client must refrain from any illegal act and conduct which may give offence or cause danger or damage to any person or property. If SBC or any of its staff, consultants or agents become aware of any such action then SBC or any of its staff, consultants or agents may at their absolute discretion have the Client forthwith removed from any property or facility and without any refund being paid to the Client. SBC will have no liability to the Client in respect of such termination in any circumstances.
If there is a problem during provision of the Services the Client must report it in the first instance to the SBC course manager instructor. If it remains unresolved then the issue should be reported immediately to a Director of SBC so all efforts can be made to resolve the problem. In the event that the problem cannot be resolved and the Client wishes to make a complaint then the Client must notify SBC in writing giving full details within 28 days of the end of provision of the Services. Failure to serve notice of the complaint in accordance with the above will preclude the Client from being entitled to any further action against SBC.
None of the exclusions and limitations in our terms and conditions are intended to limit any rights which the Client may have under statute nor in any way to exclude or limit liability to the Client for personal injury or death resulting from SBC’s negligence or that of its employees or agents or for any liability incurred as a result of fraud or fraudulent misrepresentation by SBC.
The Client understands that engaging in the Services involves a level of risk. These risks include (but are not limited to) physical injury or even death. By engaging in the Services provided by SBC the Client agrees to assume these risks and agrees to release and discharge SBC and its directors and employees and agents from any direct, indirect or consequential loss or damage and all and any claims, actions, proceedings, liabilities and costs arising from, or in any way connected with, the Services.
For the avoidance of doubt SBC, any of its employees or agents, will not be liable for any loss or damage to any personal property or vehicle belonging to the Client during provision of the Services.
SBC has the right to take recordings of the Client during the Services and the Client accepts that all rights whatsoever in connection therewith will be owned solely by SBC. The Client further accepts and agrees that any recordings may be used by SBC at its absolute discretion in any manner including but not limited to its website, promotional material and advertisements.
14.1 The Contract is personal to the Client and is not capable of assignation other than with our prior written consent.
14.2 SBC may assign or sub-contract to any third party the performance of any of its obligations under the Contract and without the consent of the Client.
SBC reserves all copyright which may subsist in the products of or, in connection with, the provision of the Services, activities and facilities. SBC reserves the right to take any such actions as may be appropriate to restrain or prevent the infringement of such copyright.
The Client shall indemnify and keep us indemnified, and our respective directors, employees and shareholders from and against all claims, actions, proceedings, liabilities, losses, damages and costs arising from any breach of our terms and conditions by the Client.
17. Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with Scots Law and the parties shall submit to the exclusive jurisdiction of the Scottish Courts.
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Scottish Boot Camp, 10 Knockbreck Street, Tain, Ross-Shire, Scotland IV19 1BJ Tel: 01463 800 427 firstname.lastname@example.org
Scottish Company: SC 366097