Terms and conditions

pre changes made on 19th March 2020

Definitions in these terms and conditions

• The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees servants, agents or sub-contractors of any such person, firm company or other legal entity.
• Service means any course, accommodation or facility offered by the company
• Contract means a contract between the company and the customer for the provision of products or services
• Course(s) means the course or activity offered by Lakeland Ascents that the customer has requested to participate in.
• Terms and Conditions means these terms & conditions of provision.

Booking Conditions 

• The contract shall be formed when Lakeland Ascents acknowledges acceptance of the customers booking form and required payment.
• Participation in adventurous activities entails some risk of injury. All staff employed by the company are trained and appropriately experienced to run our activities and courses and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
• Any customer under the age of 18 years must have the explicit permission of his/her parent or guardian before being able to take part in any course offered by the company. The parent or guardian will need to accompany the participant on the course. The parent or guardian will need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
• The customer is responsible for the safekeeping of all equipment issued for use during the course. With the exception of fair wear and tear the company reserves the right to charge for equipment that has been lost or misused.
• All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the company.
• The contract is subject to acceptance by the customer of these terms and conditions.

Fees

• All fees are exempt of VAT.
• The customer’s booking can only be confirmed by Lakeland Ascents on receipt of a completed booking form and the relevant deposit of 30% of the full course fee; or
• A completed booking form plus an official purchase order issued by a recognised buying authority confirming acceptance of our terms and conditions, upon which we will issue an invoice for the full amount of the course.
• The balance of the total course fee is payable 6 calendar weeks prior to the commencement of the course. In the event that the balance is not paid, the company will have the discretion to treat the booking as cancelled by the customer.
• For bookings made within 6 calendar weeks of the course date, payment of the full fee will be payable at the time of booking.
• Payment can be made by credit or debit card.

Variations in numbers

• Increases in numbers must be agreed with Lakeland Ascents no more than 7 calendar days prior to the course date and may incur additional charges.
• Decreases in numbers requested greater than 4 calendar weeks prior to the course date will be accepted by Lakeland Ascents and a relevant refund for those not attending will be provided.
• Decreases in numbers requested by the customer between 2 and 4 calendar weeks of the course date will attract a refund, less the value of the deposits of the group members no longer attending.
• No refund will be available for decreases in numbers that are requested within 2 calendar weeks of the course date.

Date changes

• Date changes requested by the customer greater than 4 calendar weeks from the course date will be accepted by Lakeland Ascents at no charge, subject to availability of Lakeland Ascents to deliver the course on the new date.
• Date changes requested by the customer greater than 2 calendar weeks of the course date, but less than 4 calendar weeks, will incur a £50 charge and will be accepted by Lakeland Ascents subject to availability of Lakeland Ascents to deliver the course on the new date.
• Date changes requested by the customer within 2 calendar weeks from the course date will not be possible without incurring cancellation charges.

Cancellation by the customer

Cancellation charges are as follows:

• Cancellations made greater than 4 calendar weeks prior to the course date will attract a full refund.
• Cancellations made between 2 and 4 calendar weeks of the course date will attract a refund, less the value of the deposit.
• No refund will be available for cancellations that are made within 2 calendar weeks of the course date.

Cancellation by Lakeland Ascents

Whilst every attempt is made to ensure that courses/activities actually run, Lakeland Ascents will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.

For public courses, Lakeland Ascents shall notify the customer of cancellation not less than five days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.

In the event of cancellation customers will be offered the choice of the following options:

• Full refund of the fee paid; or
• Another booking on a different date.

Cancellation as a result of adverse weather or conditions

Lakeland Ascents may cancel the course in the event of adverse weather or conditions that Lakeland Ascents feel would compromise the safe delivery of the course. No refunds are available for activities cancelled due to bad weather or dangerous conditions, and the decision of the instructor in charge on the day is final.

Health

Customers participating in courses must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all of the courses, customers are expected to be of good general health. The Informed Consent Form, or Parental Informed Consent Form (for participants under 18 years old) must be completed before the course commences. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities.

Lakeland Ascents reserve the right to refuse a booking or commencement of a course on medical grounds, if it is considered to be detrimental to the safety and smooth running of the course or the individual concerned.

Safety Regulations

Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by the Lakeland Ascents staff to deliver the course in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by Lakeland Ascents and its staff.

Unruly behaviour

Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.

Personal property

Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the Lakeland Ascents or it’s representatives.

Complaints

If the customer encounters any problem or difficulty, Lakeland Ascents will try and resolve them as soon as is possible. In the first instance report anything either to the instructor or the course director. If your complaint is not resolved to your satisfaction please write to:

Lakeland Ascents
12 Silver Howe Close
Kendal
Cumbria
LA9 7NA

Your concerns will be dealt with within 28 days of writing.

Force Majeure

The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.

Intellectual Property

Copyright and all other intellectual property rights in the products and services shown in Lakeland Ascent’s price lists, website and other literature shall remain at all time the property of Lakeland Ascents.

Photographs

From time to time photographs taken on Lakeland Ascents courses may appear on the Lakeland Ascents website, in brochures and in promotional material. If customers do not wish for photographs containing their image to be used, they should make this known to the Lead Instructor on the day.

Data Protection

The personal information requested by Lakeland Ascents at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employees, agents and sub-contractors to deliver the course and to maintain Lakeland Ascents’ high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.

Applicable Law

The laws of England will govern the contract – any dispute will be dealt under the jurisdiction of the courts of England and Wales.

The above does not affect the statutory rights of the customer.