PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BOOKING.
1.1 The following definitions and rules of interpretation shall apply in these conditions:
“Centre” means Port Edgar Watersports CIC, Shore Road, South Queensferry, EH30 9SQ;
“Conditions” means these terms and conditions for the provision of Services;
“Contract” means the contract between the Centre and the Customer for the provision of Services;
“Customer” means any person, company, firm or other legal entity, including any employees, agents or sub-contractors which places an order or purchases a Service from the Centre;
“Service” means any course, product, service or facility offered by the Centre to the Customer.
1.2 Where the Conditions refer to “We, Us, or Our”, this shall mean the Centre (together with it’s employees, agents and contractors). Where the Conditions refer to “You, Your, or Yourself”, this shall mean the Customer (or the organisation you represent or work for).
1.3 The headings in these Conditions are for convenience only and shall not affect their applicability.
1.4 A reference to a law is a reference to as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Any reference to “writing” or “written” includes faxes and email.
2. Application of terms.
2.1 These Conditions are the only conditions upon which the Centre is prepared to deal with the Customer. The Conditions shall be incorporated into the Contract to the entire exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the Customer or implied by law, trade custom, practice or course of dealing.
2.3 The Customer’s purchase order, or the Customer’s acceptance of a quotation for Services by the Centre, constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Centre other than:
2.3.1 by a written acknowledgement issued and executed by the Centre; or
2.3.2 (if earlier) by the Centre starting to provide the Services,
when a contract for the supply and purchase of those Services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
3.1 The Customer may make a booking with the Centre by telephone, email or online via our website. Please note that places cannot be provisionally booked.
3.2 To help you find the right course, please read each course description carefully. Once you’ve made your choice of course and dates, and have read the booking conditions, please make your booking with the appropriate payment. Bookings cannot be accepted without prior and appropriate payment. All course and accommodation payments must be made prior to arrival.
3.3 Please note that individuals cannot be provided with credit terms.
3.4 Before providing credit for any organisation we will have to agree. An official purchase order will be required to secure a booking and credit references will be taken up. Where we agree to a purchase order it will need to be attached to your booking form.
3.5 Gift Vouchers are only valid for 1 year from date of issue.
4.1 All course fees quoted are for the course. All bookings cannot be confirmed or reserved by the Centre until we have received the appropriate payment.
4.2 All bookings have to be paid for in full at the time of booking.
4.3 The Centre reserves the right to cancel any booking without prior notice if full payment is not received in accordance with condition 4.2.
4.4 Crossed cheques/postal orders should be made payable to ‘Port Edgar Watersports CIC’ and sent to Port Edgar Watersports, Shore Road, South Queensferry, EH30 9SQ
4.5 Credit and debit cards accepted are: MasterCard; Visa; JCB; Maestro.
4.6 Payment by PayPal is accepted. There is no additional charge for using PayPal.
4.7 Only one promotion can be used per booking.
5. Amendments to Bookings by the Customer
5.1 The Customer may be substituted by another provided that at least two (2) weeks notice is given to the Centre and that substituted customer satisfies the course criteria. All substitutions have to be made with the consent of the Centre and such substitution shall incur an administrative charge of twenty five pounds (£25.00) on each and every occasion.
5.2 The Customer may apply in writing to change a course or course dates provided that the original booking is made no less than eight (8) weeks prior to course commencement. It shall be at the Centre’s sole discretion as to whether such change shall be accepted. Any course change must be for a course in the current year which appears on our website (www.portedgarwatersports.com). There is an administrative charge of twenty five pounds (£25.00) for each and every course change.
5.3 If the Customer requests a change to a course within six (6) weeks of commencement of such course, such request shall be dealt with according to condition 6 (Cancellations).
6.1 Cancellations by the Customer
6.1.1 All cancellations made by the Customer must be in writing and acknowledged by the Centre.
6.1.2 In the event of cancellation by the Customer, a cancellation fee will be due to the Centre as set out below:
• deposits are not refundable.
• six (6) weeks or more prior to the commencement of course/event: deposit only payable.
• two (2) weeks to six (6) weeks prior to the commencement of course/event: seventy five per cent (75%) of your total course fee shall be retained by the Centre.
• two (2) weeks or less prior to the commencement of course/event: one hundred per cent (100%) of your total course fee shall be retained by the Centre.
• one hundred per cent (100%) of the course fee is retained if you cancel after the commencement date of your course.
6.1.3 You are advised to insure against and check whether your own personal insurance policy provides cover against certain unavoidable cancellation.
6.2 Cancellations by the Centre
6.2.1 The Centre will use reasonable endeavors to ensure that your course takes place and in accordance with your booking. However, the Centre reserves the right to cancel any booking without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.
6.2.2 The Centre reserves the right to cancel a course at not less than seven (7) days notice where the Centre believes, in it’s reasonable opinion, that there are insufficient numbers for the course to take place.
6.2.3 Where the Centre cancels a course, you will be offered the following options:
• a full refund of the course fee paid; or
• an alternative course on the same date or a different set of dates.
7.1 In addition to enjoyment and learning new skills, safety is of paramount importance on all the Centre’s courses. Clearly, watersports and adventure activities are hazardous by their nature and participants, parents or guardians must accept that there are risks and the inevitable bumps and scrapes which happen during the thrills and spills of fast moving activities. In providing a safe system of work and to manage associated risks:
7.1.1 we only employ staff trained within National Governing Body guidelines;
7.1.2 we provide a range of quality personal protective and safety equipment for participants’ comfort and safety, helmets are available for all clients to wear for the activity, and this might be enforced by the Instructor in times of adverse weather conditions;
7.1.3 we provide appropriate equipment for your course;
7.1.4 we teach to national governing body recommendations and guidelines, in small groups;
7.1.5 we have robust management and safety systems which have been inspected by approved bodies such as AALA, RYA and BCU;
7.1.6 we reserve the right to modify or cancel an activity if we feel that there are unmanageable risks.
7.2 The Customer must comply with all safety guidelines and instructions given by the Centre and its staff. The Customer is responsible for ensuring that he/she and/or it’s members familiarise themselves with the Centre’s fire regulations and the position of the nearest exit and shall vacate the building immediately in an emergency.
7.3 New crews training in Hunter 707s may be required to hire a RIB with instructor for safety purposes. This is at the discretion of the centre and may be waived for experienced crews known to the centre.
8.1.1 Customers participating in the courses or services at the Centre must expect to be involved in adventurous or strenuous activity. Customers must be in general good health and must satisfy themselves that the activity is within their abilities.
8.1.2 The Customer must complete a health declaration as part of the booking process. The Customer must make the Centre aware of any injuries and/or illness and shall further make the Centre’s booking team aware of any injury or illness that occurs between the date that the health declaration is completed by the Customer and course commencement.
8.1.3 The Centre reserves the right to refuse a booking on medical grounds if the medical condition is considered to be detrimental to the safety and smooth running of the course.
9. Dietary Requirements
Any special dietary needs must be requested by the Customer at the time of booking.
10.1 If the Customer encounters a problem or issue relating to the services being provided by the Centre, the Centre will try to resolve such problem or issue as soon as possible. If the problem or issue fails to be resolved, the Customer must report it to the relevant course instructor or at the Centre’s reception.
10.2 In the event that the Customer does not receive a satisfactory response following the events set out in condition 10.1, the Customer may request to meet a member of the Centre’s management team.
10.3 If the Customer’s complaint is not resolved satisfactorily in accordance with condition 10.1 and 10.2, please write to: “The Activities Manager, Port Edgar Watersports CIC, Port Edgar, Shore Road, South Queensferry, EH30 9SQ”. Or email email@example.com.
11. Unruly Behaviour
11.1 The Customer and any member of the Customer’s party is required to have consideration for other people. If, in the Centre’s reasonable opinion, the Customer or any member of the Customer’s party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the Centre is entitled, without prior written notice, to terminate the stay/use of facilities of the person(s) concerned. Such persons will be required to leave the Centre’s property and no refunds will be made and the Institute will not pay any expenses or costs incurred as a result of the termination
11.2 The Customer shall be liable for any damage or loss suffered by the Centre as a result of disruptive behaviour.
12. Limitations of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISONS OF THIS CONDITION
12.1 This Condition 12 sets out the entire financial liability of the Centre (including any liability for the acts or omissions of it’s employees, agents and subcontractors) to the Customer in respect of:
12.1.1 any breach of the Contract;
12.1.2 any use made by the Customer of the Services;
12.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of the Centre:
12.3.1 for death or personal injury resulting from negligence by the Centre; or
12.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Centre.
12.4 Personal property which belongs to the Customer is at all times the sole responsibility of the Customer. The Centre shall no accept any liability for loss of or damage caused to the Customer’s personal property unless any loss or damage is due to the negligence of the Centre or its representatives.
12.5 Subject to conditions 12.2, 12.3 and 12.4:
12.5.1 the Centre shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
12.5.2 the Centre’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Customer for the Services.
12.6 For the avoidance of doubt, the Centre shall have no liability for any loss or damage suffered by the Customer or any other person as a consequence of any negligence or wrongful act on the part of the Customer.
12.7 The Customer is advised to insure against injury or losses incurred during their booking with the Centre and arrange suitable medical cover for such booking.
13. Intellectual Property
The copyright and all other intellectual property rights in the products and services shown in Centre’s brochures, website and other materials shall at all times remain the property of the Centre.
14. Photographs or Film Clips
14.1 Photographs or film clips taken on Port Edgar Watersports courses may appear in our brochures and marketing materials or on social media. If customers are happy to be photographed or filmed you need to tick ‘yes’ on the Photography and Filming Consent box on the Consent Form. If you or the person you represent are not happy to be photographed or filmed your course instructor will be made aware of this and you will not appear in any photos or film taken.
15. Data Protection
16. Circumstances Beyond our Control
You, the Customer agree and accept that the activities and services that we offer are weather dependent and therefore can be highly susceptible to changes, cancellations and/or postponements caused by various weather factors and we therefore cannot guarantee certificates will be issued if attending a Certificated course.
The Centre shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing it’s obligations under the Contract or from carrying on it’s business directly or indirectly by any acts, events, omissions or accidents beyond it’s reasonable control including but not limited to, act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Centre or any other party), failure of a utility service or transport network, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
17. Rights of Third Parties
A person who is not a party to this agreement (except (where applicable) any successors and permitted assigns) shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
The Centre reserves the right to waive any or all of the Conditions.
19. Applicable Law
19.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with Scots Law.
19.2 The Customer irrevocably agrees that any dispute or claim that arises out of or in connection with the Contract or its subject matter will be dealt with under the exclusive jurisdiction of the courts of Scotland.
20. Booking Undertaking
PLEASE READ THE FOLLOWING STATEMENT CAREFULLY. THE CENTRE’S ACCEPTANCE OF ANY BOOKING WILL ONLY BE DONE SUBJECT TO YOUR ACCEPTANCE OF THESE CONDITIONS.
• the specified deposit is not refundable once a place has been confirmed, unless the course is cancelled by the Centre;
• refunds due to cancellation are in accordance with the terms and conditions of booking;
• you shall be liable to pay seventy five per cent (75%) of the total course fees if less than six (6) weeks notice of cancellation is given;
• you shall forfeit all fees if two (2) weeks or less notice of cancellation is given;
• by making this booking you agree that you:
- are sufficiently proficient in water to undertake the course(s) in connection with your booking;
- are physically fit to take part in any activity during the course(s) in connection with your booking;
- are willing to comply with all safety regulations as required by the Centre;
- are aware that we have advised you to be in possession of adequate cancellation insurance against certain unavoidable cancellation.
- accept that the Centre is not liable whatsoever in respect of loss or damage to personal property not caused by the negligence of the Centre or its staff.