Applicability of Terms & Conditions: These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the company.
Cancellation by the customer: All cancellations must be in writing and sent by email (firstname.lastname@example.org). The company will acknowledge a cancellation within five days of receiving it. Until the customer has received confirmation the original booking remains valid. The customer will be charged on the following basis: Cancellation more than thirty days prior to the course date will receive a full refund, minus Paypal booking fees. 100% of the total course fee will be charged where cancellation takes place thirty or less days prior to the commencement date of the course.
Cancellation by the company: Whilst every attempt is made to ensure that courses/activities actually run, the company 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. In the event of cancellation customers will be offered the choice of the full refund of the fee paid or another booking on a different date.
Health: Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities where participants may be exposed to a range of extreme environmental conditions, including cold, heat and wet. Participants may also be expected to carry heavy items, such as rucksacks. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section must be completed as part of the registration process. All disabilities, physical conditions, 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. If the customer believes that any disability, physical condition, injury or illness may impact on their ability to fully take part on the course, they must seek advice and from their doctor and obtain confirmation that they can participate. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to safety and to the smooth running of the course.
The customer also acknowledges that running on trails/mountains is potentially hazardous activity, which could cause injury or death. By registering, they certify that they are medically able to perform this course, and are in good health. They take part under their sole responsibility and at their own risk. They release Happy Out Adventures from all claims or liabilities of any kind arising out of their participation in this event, whatever the damage suffered. In case of an accident, they accept to exclude any liability of the organisers, its officers, employees, agents, auxiliaries, volunteers to the full extent permitted by law.
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 company staff to provide realistic training in a safe manner. Customers participating in courses are expected to comply with all safety guidance and instructions given by the company and its staff.
Unruly behaviour / Withdrawal from courses: 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 company or its representatives.
Complaints: If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything either to the instructor. If your complaint is not resolved to your satisfaction please write to the Director: Happy Out Adventures, 44 Newtown Road, Rostrevor, Newry, BT34 3BZ. 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.
Limitation of Liability: The company limits its liability to the maximum extent permitted by law as follows:
- The company shall have no liability for any loss or damage suffered by the customer or any other person.
- As a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer or its employees or agents.
- For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the company.
- Any failure by the company to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control. The company’s liability in respect of death or personal injury caused by the company’s negligence shall not be limited.
- The company carries public liability insurance, but does not provide personal accident cover. Customers who opt to take out personal accident cover need to arrange cover themselves.
Intellectual Property: Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, brochures and other literature shall remain at all time the property of the company. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
Photographs: Happy Out Adventures reserves the right to use any photograph/video taken at any event without the expressed written permission of those included within the photograph/video. Happy Out Adventures may use the photograph/video in publications or other media material produced, used or contracted by Happy Out Adventures including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information. If customers do not wish to be photographed please raise this with the course instructor at the time.
Data Protection: The personal information requested by the company 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 in maintaining the company’s 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 contract will be governed by the laws of Northern Ireland any dispute will be dealt under the jurisdiction of the courts of Northern Ireland. The statutory rights of the customer are not affected by the above. Definitions in these terms and conditions are:
- The company means Happy Out Adventures.
- 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
- Statutory Interest means statutory interest as defined in the Late Payment of Commercial Debts (Interest) Act (1998).
- Terms and Conditions means these terms & conditions of provision.