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OUR STANDARD CONTRACTUAL TERMS & CONDITIONS of BUSINESS :
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This is web page http:www.iain.co.uk/terms.htm 
It sets out Peak Activities Ltd's Fair Trading 
Policy &our Standard Terms & Conditions of
Business ( Revised : 1st July 2009.) which apply 
to all bookings made after the  1st July, 2009.

....click here for a booking form.

.

 

Peak Activities Limited's Fair Trading Policy Statement...

 
We want all our customers to enjoy themselves safely and we
want to be highly recommended to all your friends and colleagues !
 
We believe in doing fair business, so we have very detailed standard
terms, published below, that are designed to look after both you
...our valued customer and us ...your event providers. It is important
you read and fully understand these notes on our terms & conditions
of business and fair trading before you make a booking. We want you
to understand exactly where you stand once we've accepted and
confirmed your contract with our company, Peak Activities Ltd.
 
It is our sincere hope that every event you choose to book with us will live up
to your expectations. It is therefore very important that you choose the right
event for you and everyone in your party. Space in our brochures and on our
website to give detailed information is necessarily limited and whilst our staff
are always happy to advise this can only be an opinion. It's therefore important
that if unsure about the suitability of an event, etc. you seek supplementary
information which can be obtained from our office, tourist offices, libraries, etc.

 

Brochures & website accuracy...

Price Guarantee...

If you are booking a corporate event on behalf of a company or group of people, please ensure
you have offical authorization before booking anything with us - or you could become personally
liable for any subsequent charges incurred.
 

What's included in the fees we charge...

 

· All necessary tuition and supervision to run the event you've booked.
· Site access and entry fees for caves, etc.
· Equipment lists, joining instructions, maps, etc.
· The costs of researching and setting up your event.
· Use of all necessary instructional / training equipment & resources.
· Hire of all necessary specialised personal protective equipment & clothing required.
· The services of a Peak Activities Limited staff member on call throughout your event.
· VAT, where applicable, at the current rate ( currently 15% )
· All activities are automatically insured under our £5 million Public and
Third Party Liability Insurance cover ( see specific notes below ).

· Accommodation fees, meals, drinks, bar bills, meeting room hire fees, etc.
· Transportation to and from the event from your home/place of work.
· Car parking free of charge. Teas & Coffees.
· Hire of walking boots, skis, sticks, cagoules, tents, etc.
· Pre-trip briefings and briefings at your premises.
· Transfers to and from railway stations, airports, ferries, etc.
· Detailed course notes, folders, course slides and aides memoires.
· Additional meetings prior to the event or after contract agreed.
· Post course evaluations & benchmarking sessions.
· Prizes for competitive events such as Treasure Hunts, etc.
· Intellectual property rights or copyright transfers of images, copy, etc.
· Provision of tutors who can speak specific foreign languages fluently.
· Polaroid & Digital photographs and videos of your group's activities.
· Special screen printed T-shirts, jackets, ties, bags, etc.

 

Special requests...
     
    Where special requests such as special diets, specific room locations,
    named tutors, start times, precise finish times, a particular facility at a hotel,
    specific activity sequences, and so on are an important factor in the choice of
    a holiday, course, programme or corporate event, we must be advised in writing
    when the booking is made so the request or requests can be passed on.
    We try to please, but cannot always guarantee accommodation of such
    requests if they are not specified clearly in writing for us and agreed by
    us in writing as part of your service level agreement...which is part of our
    contract with you.
     
......
     
Disabled clients & participants with mobility problems...
     
    We are happy to try to include disabled people in our activities and are
    always willing to give advice to people with disabilities and assist them in
    choosing an event or programme that suits their requirements. Our
    underwriters are happy to have people who are visually impaired or hearing
    impaired on our courses as long as steps are taken to cross check that we
    can communicate safety instructions effectively. However, as many of our
    activities are designed for mobile, able-bodied people, events in tight places
    such as hard potholing trips may be completely inappropriate & unsafe for
    those with mobility problems, profound learning difficulties, and/or emotional
    or psychological problems such as schizophrenia, paranoia, depression, autism, etc.
     
    In the case of some our extreme sports, such as potholing, even unfit people
    may be wise not to participate and it would, naturally, be impossible to take
    people,say, in wheelchairs through such long narrow and tight squeezes.
    It is therefore a strict condition of booking that at the time of booking we must
    be provided with a full and detailed account in writing of any special needs regarding
    any disability, and any special requirements as a result of this. We also need to be
    made fully aware of any known health problems or pre-existing injuries that may
    affect the safety and well-being of people in your party, so we expect all group leaders
    to take steps to ensure we are informed in writing of any such problems such as
    Heart Disorders, Diabetes, Asthma, Epilepsy, etc. Any problems coming to light
    after a booking has been made and confirmed - should be brought to our attention
    in writing at the earliest opportunity to enable us to act accordingly and maintain
    the safety & integrity of our operations. We understand that maintenance of our
    obligations under the Health & Safety Act take precedence over any obligations
    arising from including people under the terms of the Disability Discrimination Act.
     

Excursion costs & pre-booked meal packages...

 
Minibus transportation provision for youth and school parties...
     
    Once you've arrived at your base of operations under your own steam, minibus or
    coach (and in some instances car ) transport with a driver is usually provided as part
    of all of our "open events" on our adults fixtures list. However, it is NOT normally
    provided for any youngsters' bookings or for groups which have arranged to arrive on
    specially tailored events with their own school/youth group approved transportation
    ( minibus/coach ). If you are bringing youngsters and have not been quoted for
    transportation, please do not assume it is included. If in doubt - call us & cross-check.
    We can easily help arrange coaches and minibuses if we're given sufficient notice.

 


Minimum numbers...
     
    Most of our events and services open to the public and many tailored events are
    costed strictly on the basis of there being a minimum number of participants and
    a maximum number (pax) for the event to operate. In the case of public
    ( open courses ) we will advise
    you as soon as possible if there are not enough
    participants to run an event. In the case of private bookings you should please let us
    as soon as possible know if your group is likely to have fewer people or many more
    participants than you originally planned and booked. You will then have the choice
    of either booking
    another alternative event with us, getting another quotation for
    your revised numbers,
    changing your departure date at the appropriate additional
    cost, or cancelling the event. In the case of a cancellation the agreed minimum number
    of participants at the time of booking will be used to calculate the minimum cancellation
    fee due plus the costs of any administration fees.

Meals, training facilities and accommodation costs...

Insurance Cover...

Duty Officer...

Photography...

 

Confidentiality...

Conservation...

 

Behaviour...

Leader's Authority...

 

Smoking...

Bad weather & severe conditions...

Late arrivals & delays...


Staff non-availability...
     
    From time to time our key staff may become ill, bereaved or injured through
    circumstances beyond our control. In such unlikely eventualities every possible
    effort will be made to find suitable replacement staff to enable your event to go
    ahead as planned. However in the case where no suitably qualified replacement
    is available, it may not be safe or legal to go ahead without them and so we reserve
    the right to cancel the event or remaining part of the event and refund all tuition time
    fees applicable ... or offer our clients an alternative start date at no additional cost.
    We cannot accept any claims for any additional compensation in such circumstances.

    If we are late for any unforeseeable reason, such as vehicle breakdown, accidents
    or rescue callouts, our liability and compensation shall be limited to a maximum
    figure equivalent to the value of the instructional time lost, calculated on a pro rata basis.
    We cannot be held liable for consequential losses such as the costs of accommodation
    or food or transportation costs.

 

 

Substitutions and transfers...

Foreign Languages


Standard Terms & Conditions of Business and
Fair Trading Code of Conduct for 2009 et seq.

Our contractual commitments to you...

 
In conjunction with our "Important Notes" these are our Revised
2009 Standard Terms and Conditions of Business. Your contract is
with Peak Activities Ltd. Our registered office is at "Rock Lea",
Station Road, Hathersage, Hope Valley, Derbyshire, Peak District
National Park, United Kingdom, S32 1DD. Telephone 01433-650345
Fax 01433-650342.
 
These standard terms & conditions of business cannot be
adjusted, revoked or rescinded unless in writing and signed
by two or more of Peak Activities Ltd's executive directors.
 
 
We will arrange to provide you with various facilities and services which form
part of the event you are booking. Before a booking is confirmed and a contract
comes into existence, we reserve the right to increase or decrease brochure,
website prices or otherwise previously quoted prices and fees.
 
Your booking with us and acceptance of our terms is deemed to occur when you pay
us money for our services, when you ask us for a VAT invoice or pro-forma invoice,
and/.or when you sign a copy of one of our booking forms and it is accepted by us
and the booking is confirmed in writing by e-mail or a letter in the post or a fax.
It is only then that a contract exists between you and Peak Activities Limited. If you
have issued a purchase order as part of the process
of raising funds for paying for your
booking with us, please note that we only accept
bookings on the strict understanding
that our terms set out in this document have to supersede any terms ( written or verbal
or sent by e-mail) which you may have
issued or implied or may try to issue subsequently.
 

Changes before the start of your event...

We hope and expect to provide you with all the services we have confirmed to you
in writing at the time of booking. However, we do not have direct control over
sub-contractors, freelance staff and hotels, etc. so we reserve the right to alter
and adjust arrangements accordingly. However, in the event of what we consider
to be MAJOR CHANGES we will endeavour to advise you or your booking agent
as soon as is reasonably possible if there is time. We consider major changes to
include a change of venue, a downgrading of accommodation, a price change, reduction
in staffing levels, change of activities, and so on. In the event of a major change we
will offer you three alternatives:-

1. Accept the change (at an additional cost if applicable).
2. Purchase another available event from us.
3. Cancel your event with prompt refund of all monies paid less any
cancellation or administratrive charges incurred.

We will not be liable to compensation if we are forced to cancel any event as a
result of situations out of our control such as staff illness, accidental injuries or
death, transportation maintenance problems, war, fire, break-ins, civil unrest,
severe weather, acts of terrorism, and so on.

If we cancel your event...

We reserve the right in any circumstance to cancel your booking for any reason.
However, we will not cancel your booking within two months of your start date
unless it is for reasons beyond our control. Cancellation charges will not be made
against you if we cancel for reasons not involving you, such as another outbreak
of Foot & Mouth Disease or Terrorist Activity.

Dealing with complaints...

We certainly hope that you will not have any complaints, but if you do have
any problems or difficulties we hope you will bring them to our attention
immediately so we can help you there and then. However, should you not
be able to sort out a problem or complaint amicably, you can take the matter
up with the regional tourist board - or (in the case of an event under their
aegis involving under 18's ) with the Adventure Activities Licensing Authority
& / or the Health & Safety Executive.
 

Our commitment to you for your arrangements...

We do not exclude liability for death or personal injury caused by the
negligence of our management, staff, agents or volunteer assistants.
We will accept liability for matters which arise as direct result of our
negligence and/or breach of our contractual duty to exercise care in
making arrangements for you, including any acts or omission of our
suppliers, employees or agents and sub-contractors. Further, we will
accept liability for any negligence or omission by our suppliers whilst
they are acting within the scope or in the course of their employment
to provide any service or arrangement forming part of the course or
programme that you have booked with us, including any claim involving
death, personal injury or illness.
 
However we do exclude responsibility for losses or damage arising from
thefts or loss or damage to property left in minibuses or in or around our
operational sites. Sealed envelopes can be obtained for the safe keeping
of cash and jewellery.

We very strongly suggest clients take out our optional insurance cover to
protect against theft or damage to items such as cameras, videos & watches.
We are not liable from any losses or thefts or damage in hotels, inns, guest
houses pubs or camping sites....which will have their own arrangements for
dealing with any such claims.
 

Loss, theft or damage to our property...

Clients are expected to look after our kit loaned to them at all times.
Excluding normal wear and tear, the company reserves the right to
charge customers for the full cost of replacing any items of our property
which are lost, stolen or damaged whilst entrusted to customers.
This includes loss or damage to items such as compasses, video cameras,
mountain bikes, OHP's caving suits, rucksacs, jackets and transceivers
used on some of our courses.

Intellectual property & copyright...

In paying to hire or use our equipment and resources during their stay
with us, there is no implied transfer of any copyright or intellectual
property rights to our company's copyright teaching materials.
All rights are reserved on all our copyright materials such as
treasure hunts, team training exercises, photographic images, and so on.

Quality assurance...

We pride ourselves on the quality of our staff and their training.
We are committed to on-going training and part of this includes us
sometimes involving the recording of telephone conversations.
Please write and let us know if you object to being recorded.

Jurisdiction...

This contractual agreement shall be governed by English law
and shall be subject to the exclusive jurisdiction of the English courts.
 
 
 

Your contractual commitment to us...

 

Events open to the public are always fixed-price events.
Training events for private bookings can be either fixed-price
events or may be billed on an hourly basis. Private booking
customers should first decide whether you want to retain us
as your retained consultants ( billing you for what work we do
for you on a monthly basis according to our published fees for
consultancy work) or whether you want us to act as providers
of specific serviceson a fixed-price fee basis.
 
For consultancy work may be asked to sign a letter of engagement 
and execution. 

All fixed rate bookings must be made in the manner described below :-

Booking a fixed price event...

Paying us the balance of your fixed price event...

Making changes to your course/event booking at your request...

If you wish to change any part of your booking after the balance invoice has been
issued by our office, this can be done (up to 56 days prior to the start date) for a
charge of at least £50-00 per person, subject to availability and any any additional
costs incurred. If you wish to make any changes within 56 days of the start of your
event, then this will be treated as a cancellation of the original booking and cancellation
charges will apply.

Cancelling sports & informal corporate events & programmes...

You can cancel your event's booking at any time if you wish.
However, if you or anyone in your party decides to cancel the
event we must be notified of your decision in writing please.
Insofar as is possible, the person signing the booking form
should also sign the cancellation letter. By "letter" we mean
a posted letter or a fax carrying an authorised signature.
We regret we cannot accept an e-mail messages or telephone
cancellations
. We suggest you send any posted written notifications
of cancellations by recorded delivery so you'll have proof of our
definitely receiving your written cancellation.
 
The following scale of charges will be payable depending on when
written notification of the cancellation is received at our offices which
are open from Monday to Friday from 9-00 am to 5-00 pm.
 
· Prior to 56 days from start date...................... 50% of total cost of event
· 39 to 56 days from start date.......................... 75% of total cost of event.
· 22 to 38 days from start date...........................85% of total cost of event
· Less than 21 days from start date....................100% of total fees payable.
 
The start date is the date on which services are first due to start being delivered.
For open courses and sports courses this is the day of the start of the activity.
However, for corporate events which may involved staff planning, this includes the
start of services within the service level agreement such as pre-event planning meetings
and pre-event briefings, time spent meeting with sub-contractors, advanced hire of kit,
room hire bookings, etc.
 
If one or more people in a private group cancels, this could in some instances necessitate
the
group's booking being cancelled if the event was quoted against a minimum number
to book. Because of this, we would most strongly recommend that all group leaders
and individuals booking with us should take out some sort of travel and cancellation
insurance cover - which will protect you against having to cancel your event through
illness and other unexpected eventualities such as being called for jury service, etc
....as well as offering extra cover against personal
injury, family illness and/or death.
 
Cancelling tailored corporate events, training & consultancy projects...
 
In the case of fixed-price consultancy assignments and private corporate projects where
a
considerable amount of preparatory work and resourcing of facilities may have been
undertaken by our senior staff prior to a cancellation being received, and/or where other
profitable contracts may have been turned away in the meantime, we reserve the right
to charge 100% of the total fees payable if a client cancels an event at any time after
it has been confirmed in writing in the manner outlined above. Clients may also be
charged, in addition, for any additional work which we may have been asked to do since
the fixed price assignment was agreed. Our published consultancy rates will apply
including disbursements for all completed phone calls, faxes, visits, meetings, travelling
expenses, subsistence, etc. See these rates published on http://www.iain.co.uk/fees27.htm
 

Transferring of Bookings...

If you wish to change your whole booking to another date, we are willing to discuss
making alternative arrangements. We reserve the right to cancel your booking and
start again or make an administrative charge to cover any additional expenses or
opportunity costs incurred.
If no alternative dates can be agreed upon, we reserve
the right to treat the change as a
straight cancellation and charge cancellation fees in
the usual way (outlined above).
 

Declaring any pre-existing medical conditions...

It is a strict condition of your booking that you set up a suitable mechanism to determine
and then declare to us in writing in advance of the event any known medical, behavioural,
emotional or psychological
conditions that might somehow affect the safety of ALL those
in your party and those working
alongside them. For example, serious asthma, epilepsy,
diabetes or aggression / challenging behaviour or heart disorders.

Before the event starts we reserve the right to ask to see a signed health form from the GP of
any person/s in your party
with any suspected health problems that could cause risks during
their stay with us.
If someone passes out unconscious deep inside a cave and the supervising
staff are unaware of any problems such as Diabetes or Addisons disease, life threatening &
other serious problems could ensure...including the insurance cover of the patient
being
invalidated.
 
Our insurance underwriters quite reasonably expect us to be fully informed in writing
at the time of booking if anyone in your party is recovering from recent surgery,
is pregnant, or suffering from heart disease, serious epilepsy, diabetes, vertigo,
mental illness, etc. We reserve the right to refuse to instruct anyone at any time if
we feel they are putting the safety or wellbeing of themselves or others at risk.
Group leaders signing the booking form of behalf of others should take all reasonable
steps to enquire if their party members have any conditions we at Peak Activities Ltd
need to be made aware of. This information should be shared with us at the time of booking
and/or well before the start of the event to ensure the safety and well-being of all those
under our care and aegis.
 
If necessary group leaders should write to group members asking them to contact
Peak Activities Limited to tell us in confidence if there are any problems we need to
be aware of. Group members must be made aware that we cannot undertake to fully
insure anyone with any undisclosed illnesses or extant injuries or conditions such as
pregnancy. If in doubt individuals should ask for one of our health check forms to be
signed and sent to us by their general medical practitioner. Please ensure you inform
everyone in your party of this important booking condition. Folks who are asked to
complete and return mdecial check forms who fail to do so will not be allowed to participate
in activities.
 
We will ask all participants of event to sign a form on the first day of their event
asking them details of their next of kin, any known illnesses, pre-existing injuries,
medical or behavioural conditions. Agreeing to sign this form is also a condition
of booking. We cannot instruct anyone who has been ill with viruses within three
weeks of any event - or those with infections such as Salmonella or 'flu.
 
If medical conditions are not disclosed until the last minute and people cannot be
instructed as a result of this, we are not liable for making good any losses arising
or making refunds.

Compulsion...
 
Nobody should be compelled to attend one of our events by their employers, etc.
It is therefore a contractual condition that group organisers undertake not to make
attendance of any of our events in any way "compulsory or plenary" for their
participants. Apart from safety briefings which may be deemed to be plenary, all
participants have the right to not to be compelled to do anything they choose not
to do....other than to act reasonably well and be nice to one another and to turn off
their mobile phones when we are running safety briefings !!!! :-)
 
Notwithstanding that, however, it is a condition of booking that any plenary safety
briefings for those people who do elect to take part should be fully attended so
nobody misses out key points being highlighted in safety briefings.

If you have a complaint...

Behaviour & Undisclosed Illnesses...

Age limits...

Adults courses are open to anyone aged over 18 years and under 70 years of age.
Those aged 65+ need to be signed off as fit by their GP's ...but are otherwise most
welcome to join in our events. Youngsters aged 9 to 17 are welcome on "family events"
and special youngsters courses. However a parental consent and medical form must be
signed by the legal guardian or parent of each youngster under 18 years who is not being
accompanied by either their legal guardian or their parent. Peak Activities Limited need
to know they can act in loco parentis in an emergency and so we regret no exceptions to
this requirement will be considered. Under 9's are welcome...but only on specific events
and strictly only by prior written agreement from Peak Activities Ltd.'s senior staff.

Toddlers and babies and spectators...

Most of our activities are unsuitable for very young children to attend.
We cannot insure or instruct individuals or parties with babies and /or toddlers
present. We regret that we cannot allow groups of non-participating spectators
or bystanders to interfere with or distract our operations, and non-named
spectators cannot be fully insured under our liability cover. Guests should never
invite friends or colleagues or relatives along as "spectators" please without
consulting with us first. We will normally advise people NOT to have spectators
along on their trips here and reserve the right to charge for the costs of insuring
and adding staff to help supervise and take care of unexpected spectators.

Pets...

We love animals but we regret that we do not have insurance cover or any facilities
for guest's bringing along their pets, so please do not bring along any pets. The only
exceptions are registered guide dogs & hearing dogs which you should tell us about
please at the time of making your booking so we can make sure they are catered for.

Lost property...

Lost property is rare. We will try our best to return lost property to the rightful
owners as soon as possible. A minimum charge of £10-00 will be made to cover
postage & packaging of anything we post back to you. Otherwise lost property
can be collected bujt only by prior appointment. All unclaimed lost property will
be disposed of after 30 days. We reserve the right to bin or burn immediately
any really smelly or dirty socks or trainers etc. left behind which we consider to
be a biohazard or beyond hope !

Adjustments of Terms & Conditions...

 
These Standard Terms and Conditions dated 1st July 2009 supersede all
previously published terms of business and relate to all new contracts with this
company signed
after publication of these terms on our website. The prior
revision of terms was Feb 17th 2007. These new terms take precedence over
any terms previously issued by us ( for example as .pdf files)
or any terms or
adjustments
written on any official purchase orders or letters, e-mails or faxes
you may send
to us.
 

 
IMPORTANT NOTE
 
Our company's standard terms can only be amended or adjusted by a
formal letter signed by at least two of our company's senior directors
and stamped with Peak Activities Limited's official seal.
 
Clients or their agents sending us purchase orders should please note
that in signing our booking form or in making a payment or in asking for
facilities to be held off on their behalf they are formally accepting all of our
termsand conditions of business, including accepting all agreements regarding
payments and the terms outlined above. After our booking form has been
signed or a payment has been made, any terms referred to in any subsequently
received purchase orders
from clients or their agents will not be valid and will
be ignored because our
terms ( for insurance & TQM purposes ) must be the
terms under which any transaction
with Peak Activities Ltd is contracted.
 

 

Terms : Last Minor Revision July 1st 2009.

Previous minor revision Jan. 2007.
Previous Major Revision : March 11th 2006.

Peak Activities Ltd. Rock Lea, Station Road, Hathersage, Hope Valley, Derbyshire, England, S32 1DD. Tel. 01433-650345 Fax. 01433-650342 web page http://www.iain.co.uk/terms.htm
This page is the copyright & Intellectual property of Peak Activities Ltd. 2003-09. All rights reserved.


 
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