STANDARD TERMS AND CONDITIONS
These are the Standard Terms and Conditions that apply to ("Booking Form")
1.1 A deposit must be paid to secure the booking of the Activity. The amount of the deposit shall be that displayed in CYE's current price list available on request from CYE. If CYE does not accept the booking the deposit shall be returned to the Client.
1.2 The balance of the price due must be paid at least 21 clear days prior to the date of the Activity. If the price is not received in time CYE may without liability cancel the Client's booking and subject to condition 2 CYE may retain any deposit paid.
1.3 CYE may at its discretion allow late bookings less than 21 clear days prior to the date of the Activity if it receives with the Booking Form the full price due in cleared funds or cash.
2. Cancellation of booking by Client
The Client may cancel their booking of the Activity at any time. If they do so they forfeit the following percentage of their deposit and in CYE's reasonable discretion shall pay to CYE that proportion of the balance of the price which CYE determines represents CYE's loss arising from such cancellation.
3. Cancellation of booking by CYE
CYE may cancel the Client's booking of the Activity at any time. If CYE do so then subject to condition 1.2 and 2 CYE shall refund all monies paid towards that booking by the Client, but shall have no further liability to the Client for any loss or damage suffered as a result of the cancellation.
4. Assignees and Sub-contractors
CYE reserves the right to assign or sub-contract any of their obligations under the agreement to provide the Activity, including without limitation the running of all or part of the Activity, to a third party who, in the reasonable opinion of CYE, is appropriately qualified to fulfil those obligations.
5.1 The Client acknowledges that the Activity may be potentially hazardous and the Client agrees that they shall follow all instructions issued by the CYE staff running the Activity. CYE will not be liable for any loss or damage caused by a failure to follow clear instructions issued by CYE staff.
5.2 The Client must make CYE aware when booking of any medical, physical or mental disability that may endanger or affect the ability to understand and follow safety instructions of the Client or anyone else taking part in Activity. CYE will not be liable for the consequences of not being informed of the health problems of the Client.
5.3 If in the reasonable opinion of CYE the Client is: (i) acting in an unruly manner; or (ii) acting under the influence of drugs, alcohol or any other substance; or (iii) not following safety instructions from CYE staff; CYE reserves the right to cancel the Client's right to participate in the Activity and the Client in such a case shall have no entitlement to a refund of monies paid and shall be liable to CYE for any loss or costs arising from such a circumstance.
5.4 CYE reserves the right to cancel or make alterations to the Activity at any time without any liability to the Client arising, if in CYE's reasonable opinion such action is justified by a lack of suitable numbers of participants for the Activity, by the level of ability of the participants in the Activity, by the weather conditions or by some event beyond CYE's control.
6.1 Except in respect of death or personal injury resulting from CYE's negligence, CYE shall not be liable to the Client for any loss, costs, charges, liabilities or expenses whatsoever which arise out of or in connection with:-
6.1.1 the Activity which exceed in the case of property the sum of £100 and in any other case the sum of £200 (or in either case the price paid by the Client whichever is the lesser);
6.1.2 parts of the Activity that have been assigned or sub-contracted to and are being run by a third party as per condition 4; and
6.1.3 any cancellation or alteration to activities made under condition 5.4.
7. Children and Multiple Bookings
7.1 If the Client is completing the Booking Form in respect of the participation in an Activity by another person, the Client warrants that he (i) is properly authorised to do so, (ii) shall ensure that any such person shall comply with these terms and conditions, and (iii) shall be liable to CYE for all actions and defaults of any such person.
7.2 Without limitation to clause 7.1, if the Client is completing the Booking Form in respect of the participation in an Activity by any person under the age of 16 or any person without full legal capacity, the Client warrants that he is properly authorised to do so by the parent or legal guardian of that person.
8. Medical Form
The Client warrants that he has completed and signed CYE's standard medical form prior to commencement of the Activity and that the contents of the form are complete and accurate in all respects.
9.1 These terms and conditions shall be governed by and construed in accordance with the law of Scotland.
9.2 In these terms and conditions: (i) reference to one gender shall include other genders and the singular number shall include the plural and vice versa and references to persons shall include firms, corporations and unincorporated associations; and (ii) condition headings are inserted for ease of reference only and shall not affect the construction of this agreement.
9.3 These terms and conditions, and the Booking Form referred to in them, shall constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Activity.
9.4 CYE's failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. CYE's waiver of a breach of any of these terms and conditions or of a default under these terms and conditions does not constitute a waiver of any other breach or default and shall not affect the other terms and conditions. CYE's waiver of a breach of any of these terms and conditions or of a default under these terms and conditions will not prevent CYE from subsequently requiring compliance with the waived obligation.