PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BOOKING.

 

1. Interpretation

 

1.1 The following definitions and rules of interpretation shall apply in these conditions: “Centre” means Plas Menai National Outdoor Centre for Wales at Plas Menai, Llanfaerisgaer, Caernarfon, Gwynedd LL55 1UE;

 

“Conditions” means these terms and conditions for the provision of Services;

 

“Contract” means the contract between Legacy Leisure Limited (company number 08361324 registered charity no. 115240) whose registered office is at 5 Deansway, Worcester WR1 5JG (the ‘Operator’ of the Centre) and the Customer for the provision of Services, incorporating the Operator’s written booking acknowledgement and these Conditions; “Customer” means any person (including any association, public body, company, firm or other legal entity) that places an order or purchases or is provided with a Service by the Operator, including the parent or legal guardian of any child under the age of 18 to whom a  Service is provided; and “Service” means any course, service or facility offered by the Operator to the Customer.

 

1.2 Where the Conditions refer to “We, Us, or Our”, this shall mean the Operator (together with its employees, agents and contractors). Where the Conditions refer to “You, Your, or Yourself”, this shall mean the Customer.

 

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 email.

 

2. Application of terms.

 

2.1 These Conditions are the only conditions upon which the Operator is prepared to deal with the Customer. The Conditions shall be incorporated into the Contact 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 acceptance of a quotation for Services by the Operator by submitting a booking (whether via an online form, or in writing or verbally over the phone or in person), constitutes an offer by the Customer to purchase the Services specified on these Conditions. No offer placed by the Customer shall be accepted by the Operator other than:

 

2.3.1 by a written booking acknowledgement issued and executed by the Operator; or

 

2.3.2 (if earlier) by the Operator starting to provide the Services, when a Contract will be established.

 

3. Booking

 

3.1 Subject to condition 4.5 below, the Customer may make a booking with the Operator by telephone, email or online via our website. Please note that places cannot be provisionally booked (except where the booking is deemed by the Operator to be a group booking under condition 4.5 below).

 

3.2 To help you find the right course, please read each course description carefully. Once you have made your choice of course and dates, and have read the booking conditions, please make your booking with the appropriate payment.

 

3.3 Please note that individuals cannot be provided with credit terms.

 

4. Payment

 

4.1 Fees charged by the Operator for Services may be exempt from VAT or subject to VAT at the applicable rate, as confirmed by the Operator. All bookings for Services cannot be confirmed or reserved by the Operator until we have received the appropriate payment below (plus VAT thereon, if applicable).

 

4.2 Credit and debit cards accepted are: Visa, Delta, MasterCard, Amex, Delta, Maestro, Electron.

 

Individual Bookings

 

4.3 All individual or small group bookings for Services which are available to be booked online via the Centre website must be paid for in full at the time of booking. Twenty-five percent (25%) of the fee for Services is the non-refundable deposit.

 

4.4 The Operator reserves the right to cancel any booking for Services at any time by giving written notice to the Customer without prior warning if full payment is not received in accordance with condition 4.3.

 

Group Bookings

 

4.5 The Operator does not accept group bookings (for example, for corporate, school or other large groups) for certain Services online via its website. These group bookings cannot be reserved and will not be confirmed by the Operator until the Operator receives the relevant non- refundable deposit under Condition 4.6 or 4.7 below (or the full fee under

condition 4.8 below). Following receipt by the Operator of the relevant deposit (or the full fee under condition 4.8 below), the Operator will issue a written acknowledgment under condition 2.3.1 above.

 

4.6 For a group booking made at least six (6) weeks before the commencement of the course, the Customer must pay twenty-five percent (25%) of the full fee by way of a non-refundable deposit at the time the group booking has been accepted by the Operator. The Customer must pay the outstanding balance of the full fee at least six (6) weeks

before the commencement of the course.

 

4.7 For a group booking made less than six (6) weeks before the commencement of the course, the Customer must pay the full fee immediately after the group booking has been submitted and accepted by the Operator.

 

4.8 For a group booking made less than three (3) weeks before the commencement of the course, the Customer must pay the full fee immediately after the group booking has been submitted and provisionally accepted by the Operator.

4.9 If the full fee for a group booking is not paid on time under condition 4.6 or 4.7 or 4.8 above, the Operator shall be entitled to treat the group booking as having been cancelled by the Customer.

 

4.10 Any variations to the number of attendees on a group booking must be agreed in writing by the Operator (at its sole discretion) and may incur additional charges.

 

5. Amendments to Bookings by the Customer

 

5.1 The Customer may be substituted by another named individual or group provided that at least two (2) weeks’ prior notice is given to the Operator and that substitute Customer satisfies the course criteria. All substitutions have to be made with the consent of the Operator 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 date(s) provided that the original booking is made at least eight (8) weeks prior to course commencement. It shall be at the Operator’s sole discretion as to whether such change shall be accepted. Any such change must be for a course and date(s) within the following 12-month period which appear in our brochure or on our website (www.plasmenai.wales) and the Customer will be liable to pay any applicable increase in the course or accommodation fee. There is an administrative charge of twenty-five pounds (£25.00) for each and every course or date(s) change.

 

5.3 If the Customer requests a change to a course or course date(s) within six (6) weeks of commencement of such course, such request shall be dealt with according to condition 6 (Cancellations).

 

6. Cancellations

 

6.1 Cancellations by the Customer

 

6.1.1 All cancellations of bookings made by the Customer must (save under condition 4.9 above) be in writing and acknowledged by the Operator. We will make available via the Centre website a standard cancellation form, which you can use but you do not have to use it.

 

6.1.2 In the event of cancellation by the Customer, a cancellation fee will be due to the Operator as set out below:

-deposits are not refundable.

-six (6) weeks or more prior to the commencement of course/event: deposit only payable;

-six weeks or less prior to the commencement of course/event: one hundred percent (100%) of your total course fee shall be retained by the Operator (unless we are able to re-let the places and mitigate our loss); and

-one hundred percent (100%) of the course fee is retained if you cancel after the commencement date of your course.

 

6.2 Cancellations by the Operator

 

6.2.1 The Operator will use reasonable endeavours to ensure that the Service takes place and in accordance with your booking. However, the Operator reserves the right to cancel any booking without prior notice and at any time where the Operator is prevented from providing the Service due to Circumstances Beyond Our Control (as described in Clause 16) or

where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.

 

6.2.2 The Operator reserves the right to cancel a course at not less than fourteen (14) days’ notice where the Operator believes, in its reasonable opinion, that there are insufficient numbers for the course to take place.

 

6.2.3 Where the Operator cancels a course prior to its commencement, 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.

 

6.2.4 Where the Operator cancels a course following its commencement, you will be offered the following options:

- a partial refund to be calculated and paid on a pro-rata basis; or

- the balance of the course to be provided on a later date.

You will be asked to confirm your chosen option and this may be required in writing. We aim to process all refunds within 14 working days after we receive confirmation from you.

 

7. Safety - THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION

 

7. In addition to enjoyment and learning new skills, safety is of paramount importance on all the Operator’s courses and activities. Clearly, water sports 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.

 

We take all reasonably practical steps to manage safety, ensuring we conduct and provide appropriate safe systems of work, risk assessments, appropriately trained and qualified staff, protective and safety equipment, and policies and procedures, which are reviewed on a regular basis.

In doing so, we reserve the right to modify or cancel an activity if we feel that there are unmanageable risks.

 

8. Health

 

8.1 Customers participating in the courses offered 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.

 

8.2 The Customer must complete and submit to the Operator a health declaration as part of the booking process. The Customer must make the Operator aware of any injury and/or illness and shall further make the Operator’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.

 

8.3 The Operator 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 or medical conditions are not appropriately declared

 

9. Special Access or Dietary Requirements

Any special access or dietary requirements that the Customer might have should be notified to the Operator at the time of booking. The Operator will use all reasonable endeavours to accommodate these requirements.

 

10. Complaints

 

10.1 If the Customer encounters a problem or issue relating to the Services being provided by the Operator, the Operator 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 reception.

 

10.2 In the event that the Customer does not receive a satisfactory response following the events set out in condition 11.1, the Customer may escalate their issue through the complaints process to the Operator’s management team, details of which will be provided on request.

 

10.3 If the Customer’s complaint is not resolved satisfactorily in accordance with condition 10.1 and 10.2, please write to: “The Head of Operations - Plas Menai, Plas Menai National Outdoor Centre, Caernarfon, Gwynedd. LL55 1UE”.

 

11. Unruly Behaviour

 

11.1 The Customer is required to have consideration for themselves and other people. If, in the Operator’s reasonable opinion, the Customer behaves in such a way as to cause or be likely to cause danger, upset or distress to themselves and any third party, damage or disruption to or behaves in any other unruly or anti-social manner (“Unruly Behaviour”), the

Operator is entitled, without prior written notice, to terminate the Customer’s stay/use of facilities or other Services. Such persons will be required promptly to leave the Centre and no refunds will be made and the Operator will not pay any expenses or costs incurred by the Customer as a result of the termination.

 

11.2 The Operator operates a zero tolerance policy towards the use or possession of illegal substances and so called “legal highs” which contain psychoactive substances. Use or possession of any of them by a Customer is regarded as Unruly Behaviour under this condition 11.

 

11.3 The Customer shall be liable for any damage caused or loss suffered by the Operator as a result of the Customer’s Unruly Behaviour, including that incurred by any third parties, such as fellow guests. The Customer agrees to indemnify and hold harmless the Operator against any claims in respect of such loss or damage.

 

12. Limitations of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION

 

12.1 This Condition 12 sets out the entire financial liability of the Operator (including any liability for the acts or omissions of its 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 tortious 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 Operator for the following:

 

12.3.1 for death or personal injury resulting from negligence by the Operator; or

 

12.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Operator.

 

12.4 Subject to conditions 12.2, 12.3, 12.5 and 12.6:

 

12.4.1 the Operator shall not be liable to the Customer, 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 or corruption of data or

information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

 

12.4.2 the Operator’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 Service.

 

12.5 Personal property which belongs to the Customer is at all times the sole responsibility of the Customer. The Operator shall not accept any liability for loss of or damage caused to the Customer’s personal property unless and to the extent that any loss or damage is due to the proven negligence of the Operator, its representatives or sub-contractors. The Customer is strongly advised to take out its own insurance in respect of personal property.

 

12.6 For the avoidance of doubt, the Operator shall have no liability for any loss or damage suffered by the Customer or any other person if and to the extent that it arises as a consequence of any negligence or wrongful act on the part of the Customer.

 

13. Intellectual Property The copyright and all other intellectual property rights in the products and services shown in Centre brochures, website and other materials shall at all

times remain the property of the Operator or The Sports Council for Wales (as appropriate).

 

14. Photographs or Video Clips

 

14.1 Photographs or video clips of Customers taken by or on behalf of the Operator may appear in our brochures and marketing materials or on social media. If Customers do not wish to be photographed or filmed or do not wish for photographs or video clips of them to be used for the above purposes, please check or un-check the relevant box situated on the

booking form and please raise this matter with the course instructor.

 

15. Data Protection

 

15.1 This explains our policy regarding the personal data you may provide to us when booking a Service, downloading a brochure, signing up to our mailings. Information you provide is collected and stored securely by Legacy Leisure Limited. We are registered as a data controller with the Information Commissioner’s Office (Ref No. ZA161950).

 

What information we collect

 

15.2 The information we collect depends on whether you have signed up for a Services and events, downloaded a brochure, or made an inquiry about a Service. Typically, we will collect your name, address, organisation, date of birth, family details, email address, phone number, IP address. The information may also include details of visits to our website. We may verify

or supplement this information with data publicly available from other sources.

 

How information about you will be used

 

15.3 We collect this information to enable us to fulfil our contract with you, to further our legitimate interests of keeping you informed of activities, offers and services which are likely to be of interest, to provide better- tailored services to our customers, to maintain our accounts and records, to contact you following an enquiry you have made and to comply with statutory obligations to prevent fraud. We will usually keep this information during the time of your involvement with our services and usually for a period of 6 years afterwards. For online mailings, we will keep this information until you unsubscribe, which you can do at any time.

 

15.4 Information you provide may also be shared with our partners and technology suppliers in order to provide services to you. Whilst generally we do not transfer data outside the EEA, we may use cloud-based software vendors based in the US. These suppliers will either be covered by appropriate contractual undertakings to safeguard personal data or will have signed up to the Privacy Principles of the US Dept of Commerce’s Privacy Shield 2.0 scheme.

 

15.5 We would like to send you information about our services and events from time to time by post, by telephone, email, SMS text and social media direct messaging to ensure you get the best from our services and to keep you informed of relevant services and activities.

 

15.6 We and our partners will hold all information in confidence and comply with all responsibilities under applicable Data Protection laws. We will not sell, rent or assign your personal data to any other external organisation or individual. By proceeding with your request for services you agree to these terms. You have a right to withdraw your consent at

any time and can update your preferences at any time by emailing mail@parkwood-leisure.co.uk.

 

15.7 If you would like further information about handling of personal data, or wish to make a complaint, please email or write to us at the address above. You can access our full Privacy Policy at Privacy-Policy-1.pdf (legacyleisure.org.uk) Alternatively, you can find out more about your rights or complain to the Information Commissioner’s Office at ico.org.uk.

 

16. Circumstances Beyond our Control

 

16.1 The Operator shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond its 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 at the Centre or any other party), labour shortage, 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

 

17.1 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.

 

18. Waiver

 

18.1 The Operator reserves the right to waive any or all of these Conditions.

 

19. Resolving Disputes

In the unlikely event that there is a dispute between us which cannot be resolved through discussion, in order to contain costs and find a speedy solution, we both agree that before any court action is taken, the matter must first be referred to mediation in accordance with the CEDR 125 Low Cost Mediation Service (www.cedr.com/solve/lowcostmediation/). Either of us may contact CEDR to request the appointment of a mediator and the rules of that scheme will then apply. Either of us may suggest a time and venue for the mediation to take place, or if we cannot agree, the mediator has the power to fix a time and venue. The mediation fee must be paid at the time of the application to CEDR. We are each responsible for payment of 50% of the fee. However, one of us may pay the whole fee and the respective contribution from the other shall then be due as a debt.

 

20. Applicable Law

 

20.1 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 English and Welsh law as applied in Wales.

 

20.2 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 England and Wales.