Terms and conditions- Kingswood Family Adventures
Please take time to read these terms and conditions in full before completing your booking. These conditions may be amended from time to time and apply to all our Kingswood Family adventure services. Kingswood reserve the right to change, update and amend these booking conditions at any point.
By accessing, browsing and using our online services and/ or completing a reservation, you agree to have read, understood and agree to the terms and conditions set out below. Kingswood reserve the right to change, update and amend these booking conditions at any point.
Administration Charges - Amendments or alterations to Bookings must be requested in accordance with the procedure outlined at clause 4.1 and could be subject to an administration charge.
Arrival Date - The arrival date specified in the Booking Confirmation or such other date as may be applicable by reference to these Conditions.
Booking - The booking as detailed in the Booking Confirmation made by You and accepted by Us in accordance with these Conditions.
Booking Confirmation - Our written confirmation of the Booking.
Cancellation Charges - The cancellation charges payable by You in accordance with the provisions of clause 4.6..
Conditions - The terms and conditions set out in this document and any special terms and conditions agreed in writing between Us & You together with our Travel Rules.
Contract - The contract between Us and You for the Booking.
Travel Rules – the rules applying to all travel services provided as part of your Booking which can be viewed on our website at www.families.kingswood.co.uk or can be provided in hard copy on request.
Travel Insurance - The insurance cover offered by Kingswood Family Adventure as arranged through Endsleigh and insured by AXA details of which are available on request.
Departure Date - The departure date specified in the Booking Confirmation or such other date as may be applicable by reference to these Conditions.
Deposit - The non-refundable holding deposit as specified in the Booking Confirmation payable by you in accordance with these Conditions.
Our/We/Us - Kingswood Learning & Leisure Group Limited trading as Kingswood Camps (a company incorporated in England & Wales under company number 3476432) whose registered address is at Kingswood House, Alkmaar Way, Norwich, Norfolk, NR6 6BF.
Payment Dates - Unless otherwise agreed in writing by Us:
The balance of the Price shall be payable upon the date of booking unless agreed over the phone or in writing prior to booking. Bookings being held with a deposit payment cannot be made online and are still subject to the same terms and conditions herein. Any booking made within 56 days of the arrival date requires full payment upon the date of booking. You/Your - The person firm or company whose Booking is accepted by Us in accordance with these Conditions
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to the Contract to the exclusion of all other terms & conditions.
2.2 No variation to these Conditions (including any special terms and conditions agreed between the parties) shall be binding unless agreed in writing between Us and You.
2.3 Any representations made by Us or by Our employees or agents concerning the Booking shall not be incorporated into the Contract unless confirmed in writing by Us and in entering into the Contract You acknowledge that You do not rely on and waive any claim for breach of any such representations which are not so confirmed.
2.4 Any typographical, clerical or other error or omission in any sales literature, leaflet, quotation, price list, acceptance of offer, Booking Confirmation, invoice or other documentation issued by Us shall be subject to correction without any liability on Our part unless such correction materially affects Your rights and obligations to Your detriment in which case You shall be entitled to cancel the Contract without liability within 14 days of receipt of the notice of such correction. In the event of cancellation in such circumstances You shall be entitled to a refund of the Price or any part thereof (including the Deposit or full payment) paid to Us at the date of cancellation (except in respect of any services provided).
2.5 The details published in various brochures and leaflets are compiled from up-to-date and accurate information available at the time of going to press (the print date appearing in each brochure or leaflet).
3. BOOKING PROCEDURE
3.1 We shall generate a Booking Confirmation in response to a booking enquiry made by You (whether made by submission of an order form or by other written or oral enquiry). The Booking Confirmation shall be deemed to be an offer made by Us to You to enter into a contract subject to these Conditions which may be withdrawn at any time prior to acceptance by You in accordance with clause 3.2 prior to the date stated thereon or otherwise prescribed by Us.
3.2 You may accept our offer by signing the Booking Confirmation and returning it to Us along with payment of such Deposit or Price or part thereof as specified on the Booking Confirmation upon which a binding Contract will immediately come into force between Us and You.
3.3 No Booking Confirmation shall be deemed to be validly returned to Us unless accompanied by payment of any Deposit or other sum as stated on the Booking Confirmation.
3.4 Any Booking Confirmation not returned by you prior to any date stated thereon or as otherwise prescribed by Us shall be deemed to have expired.
3.5 Provisional bookings will be held at Our discretion and We shall not be liable in the event We are unable or unwilling to provide a Booking Confirmation which incorporates Your preferred dates.
3.6 You shall not be entitled to make any alteration to any documentation issued by Us. Any alteration required to any details which appear on the Booking Confirmation should be notified to Us as soon as possible and in the event We are able to satisfy Your requirements We shall send to You a revised Booking Confirmation. If you wish to make any alteration or amendment after you have returned the signed Booking Confirmation to Us the provisions of clause 4 will apply.
4. CHANGES AND CANCELLATIONS
4.1 If You wish to change Your Booking We will endeavour to make such changes as You may request but it may not always be possible to accommodate such requests. Any request for changes to the Booking may be made either in writing or by telephoning Our holiday specialists on 0800 655 6560. If We agree to Your request We will confirm the changes in writing. Any changes are made subject to payment by You of an Administration Charge and any increase in the Price resulting from the change. We cannot accept changes or additions to travel plans 7 days or less prior to the Arrival or departure Date.
4.2 We reserve the right to make changes to the Booking which are required to conform with any applicable safety or other statutory requirements or which are not of a material nature.
4.3 Itineraries, programmes and transportation services are subject to alteration due to weather or operational factors beyond Our control and We reserve the right to substitute alternative accommodation or other facilities or services of reasonably equal or better standard without prior notice or liability and without any alteration to the Price.
4.4 Programmed or specialist activities are subject to minimum numbers and availability. We reserve the right to withdraw or substitute any of these services where We consider there are insufficient numbers to reasonably facilitate them.
4.5 Material changes may be necessary by reason of prevailing weather conditions, operational considerations and matters beyond Our control (including Force Majeure events). Accordingly We reserve the right to make changes which are of a material nature and in such circumstances We will inform You as soon as reasonably possible. In such event You shall have the following options: (a) to accept the change (subject to paying any additional charges or receiving a refund in respect of any resulting variation in the Price) in which case the Contract shall be deemed as varied accordingly; or (b) to book a substituted holiday (or activity) using the credit for the Price (or that part of the Price attributable to the affected activity) which we shall provide to You; or (c) to cancel the Booking or such part of the Booking as may be affected in which case We shall refund in full all sums paid as at the date of cancellation in respect of the Booking or the affected part of the Booking less any insurance premiums (and excluding interest).
4.6 You shall be entitled to cancel the Booking upon providing Us with written notice and paying the following charges: PERIOD (PRIOR TO ARRIVAL DATE) AMOUNT More than 56 days Deposit only 56-29 days 30% 28-15 days 45% 14-1 days 100% On or after Arrival Date 100%
4.7 Without prejudice to any other right or remedy available to Us We shall be entitled to cancel the Contract without any liability in the following circumstances: (a) if You do not pay the Price in full in accordance with the Payment Dates; or (b) if You fail to provide any information requested by Us; or (c) if We in our sole discretion consider that the Holiday is unsuitable for your family. In the event of cancellation under this clause 4.7 You shall be liable to pay the Cancellation Charges specified at clause 4.6. The date of cancellation shall be deemed to be the date upon which we provide you with notice of cancellation. 4.8 You may be able to reclaim the Cancellation Charges (in full or in part) under the terms of the Travel Insurance if selected by You (terms and conditions apply - see policy for details).
5. PRICE AND PAYMENT
5.1 Subject to any special terms agreed in writing You shall make payment for the full balance upon point of booking. In cases where a Deposit is paid to reserve Your booking, We will not send payment reminders. For customers paying by credit/ debit card, Your nominated credit/ debit card will be automatically debited for the remaining balance on the date shown on Your invoice. If You wish to settle your balance using an alternative credit/debit card or another means, You must ensure that You contact Us at least 10 days prior to the due date shown on Your invoice. In the event that Your nominated credit/debit card is declined, We reserve the right to cancel Your booking in which instance our cancellation charges as detailed in clause 4.6 will be applied to Your booking and/or to charge interest in accordance with clause5.3.
5.2 A charge of £30 will be applied to Bookings received over the phone from persons outside the United Kingdom to cover additional administration and postage charges.
5.3 A 2% credit card charge will be applied to all credit card transactions (such charge shall not exceed £30.00)
6. YOUR RESPONSIBILITIES
6.1 Participation in activities requires individuals to be in good health and have a reasonable basic level of fitness and a willingness to take part. You, or members of your party will have the opportunity to opt-out of activities, however programming alterations cannot be made to support this if not agreed in advance of 10 days prior to arrival date on centre.
6.2 All attendees will be required to ensure that their behaviour is compatible with the orderly conduct of activities and that minimal disturbance to other visitors is caused and attendees are required at all times to follow the verbal and/or written instructions of Our staff and comply with the Travel Rules. This is for the comfort of all guests.
6.3 We reserve the right to decline to accept or to cancel any Booking or exclude any guest at any time prior to the Arrival Date or between the Arrival date and the Departure Date if in Our reasonable opinion the behaviour of that individual is or may be disruptive, dangerous, inappropriate or incompatible with the general enjoyment of other visitors. Behaviour deemed inappropriate may include but is not limited to:
• Threatening behaviour including offensive or insulting language to other visitors or Our staff;
• Suspected involvement with illegal drugs;
• Inappropriate use of mobile phones, cameras or video equipment
• Theft, vandalism or illegal activities;
• Inappropriate behaviour;
• Bullying (in any form) which adversely affects the enjoyment of other visitors.
Where we exercise Our rights under this clause You may be asked to leave centre.
If any problem is experienced between the Arrival date and the Departure Date the matter should be immediately reported to the centre manager to allow Us the opportunity to rectify any problem raised. If it is not resolved You should write to Us within 28 days of the Departure Date and We will endeavour to find a satisfactory solution.
8.1 Our liability hereunder (except in respect of death or personal injury caused by Our negligence or that of Our employees or agents which is not limited or excluded by these Conditions) for any delay in performing or any failure to perform any of Our obligations in relation to the Booking shall be limited to the excess (if any) of the cost to You in the cheapest available market of similar services to replace those not performed over the Price.
8.2 In all cases except where personal injury, illness, or death results Our liability is limited to a maximum of twice the Price (excluding insurance premiums and amendment charges).
8.3 Except in respect of death or personal injury caused by Our negligence or that of Our employees or agents We shall not be liable to You by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage, (whether for loss of profit or otherwise) costs, expenses, or other claims for consequential compensation whatsoever (and whether caused by Our negligence or that of Kingswood’s employees or agents or otherwise) which arise out of or in connection with the Booking except as expressly provided in the Conditions.
8.4 Subject as expressly provided in these Conditions all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by Law.
8.5 You shall indemnify Us and keep Us indemnified from and against any and all direct and indirect loss, damage, costs, claims, demands, or liability (whether criminal or civil) arising out of any injury or other loss to Us or Our employees, guests, visitors, or agents resulting from your negligence or breach of the Contract unless We are liable for the same under these Conditions.
9. TRAVEL INSURANCE
You must agree to arrange suitable insurance before we will accept the Booking. Where you elect to arrange your own insurance you must ensure that the policy you have in place provides equivalent protection to that provided by Our Travel Insurance.
10. PERSONAL PROPERTY
10.1 You and members of your party must take all appropriate measures for the protection and security of any valuables, baggage or other personal possessions and comply with any specific requirements provided
10.2 We accept no liability for loss or damage to valuable, baggage or personal property unless such loss or damage is proven to be due to Our negligence or that of Our employees or agents.
10.3 If any personal possessions are missing when You leave centre please let the centre manager know about this immediately
11. FORCE MAJEURE
We shall not be liable for any delay in performing or failure to perform any obligation (including actioning any alteration or cancellation) due to any cause beyond Our reasonable control including strikes, lock-outs, labour disputes, shortages of personnel, act of God, war, riot, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this Agreement.
12. PHOTOGRAPHY, MARKETING & THE INTERNET
12.1 To ensure that our marketing materials give an accurate and honest impression of our holidays We use images of children attending previous camps and holidays in our marketing. If You do not wish images of You or your Child/ Children to appear in our future marketing materials please inform us of this in writing prior to the Arrival Date so that We can ensure that Your Child is not included within any photographs which may later be used for marketing purposes.
12.2 Inappropriate use of or sharing of images or videos taken on centre is not permitted and may result in being asked to leave centre
13. DATA PROTECTION
Personal information requested during the booking process is held on computer and used by Us in connection with the Booking. Where necessary We share personal information with our employees, agents, subcontractors, franchisees and other third parties for the purpose of fulfilling our obligations under the Contract. We take full responsibility for ensuring that proper security measures are in place to protect personal information. Please note the provisions of clause 12 in relation to the use of photographs.
14.1 The headings in the Conditions are for convenience only and shall not affect their interpretation.
14.2 We may perform any of Our obligations or exercise any of Our rights hereunder by Ourselves or through Our employees agents franchisees subcontractors or affiliates.
14.3 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or other provision.
14.4 No failure by Us to exercise any power given to Us or to insist upon strict compliance by You with any obligation hereunder and no custom or practice of the parties at variance with these Conditions shall constitute any waiver of any of Our rights under the Contract.
14.5 No person who is not a party to this Contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
14.6 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part that provisions shall apply with the minimum variation necessary to ensure enforceability and the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
14.7 The Contract shall be governed by the laws of England and subject to the jurisdiction of the English courts.