These Terms tell You information about Us and the legal terms and conditions on which We (i) provide any Adventure Club Activities to You, whether or not You are or become a Member of the Adventure Club and whether You make a Booking by email, telephone, online, or in person at Our Centre; and (ii) accept Members of the Adventure Club. Please note that these Terms only apply to the Adventure Club and activities provided as part of the Adventure Club. Applicable terms for other activities offered by Us can be found here.
These Terms will apply to any Contract between You and Us in respect of Your membership of and/or participation in the Adventure Club and any Booked Activities. Please read these Terms carefully and make sure that You understand them, before You become a Member or make a Booking. Please note that before registering and/or making a Booking You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to register or make Your Booking. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office.
We amend these Terms from time to time. Every time You wish to make a Booking please check these Terms, available here to ensure You understand the Terms which will apply at that time. These Terms came into effect on 18th August 2016 and have not since been updated.
These Terms, and any Contract between us, are only in the English language. When We use the words "writing" or "written" in these Terms, this will include email unless We say otherwise.
A Information about Us
We are Leicester Outdoor Pursuits Centre (company registration number 3389636 and charity number: 1074671) and Our primary address is at Loughborough Road, Leicester, LE4 5PN. We operate the website www.lopc.co.uk.
B Contacting Us
If You wish to contact Us, including because You have any complaints, You can contact Us by telephoning Us at 0116 268 1426 or by e-mailing Us. Please see clause 14 for Our complaints procedure.
A summary of the meanings of all words with capital letters used in these Terms can be found here.
SECTION ONE – REGISTRATION OF MEMBERS
The provisions of this Section One set out the terms of the agreement between Us and You if You are registering You and/or any other individual as a Member of the Adventure Club. Where You register any member of Your Family or a Young Person as a Member, You accept these terms on their behalf.
1. Registration with the Adventure Club
1.1. You may register as a Member either (i) You and/or the Young Person(s) of whom You are parent or legal guardian on an individual basis.
1.2. You must complete and return to Us an Individual Consent Form, and pay the Membership Fee, in respect of each such individual.
1.3. The Membership Fee is payable in respect of each calendar year and is payable in full irrespective of when in a year You (or Your Young Person) join the Adventure Club.
1.4. On or after 1st January each calendar year, the Membership Fee for the coming calendar year must be paid in respect of each Member and a further Consent Form must be submitted. Failure to comply with this clause 2.5 will mean that that individual's membership will lapse and they will not be entitled to be treated as a Member until such time as such failure has been rectified.
1.5. Any Membership Fee You pay is non-refundable, except in the circumstances detailed at clause 1.6 and 1.7 below.
1.6. If You register as a Member, You have a legal right to change Your mind and (subject to the rest of this clause) receive a refund of Your Membership Fee within 14 days after the day you register. If You do wish to use Your membership during the 14 day cancellation period, You may do so, but in which case We will have fully performed Our obligations under the agreement between You and Us relating to Your registration as a Member and so You will not receive a refund of the Membership Fee.
1.7. To cancel Your registration as a Member within the cancellation period, please let Us know by doing one of the following:
a. Phone Our offices on 0116 268 1426
b. Email Us: Please provide Your name, home address and, where available, Your phone number and email address.
SECTION TWO – ACTIVITY BOOKINGS
2. Making Your Bookings
2.1. Adventure Club Activities are open to Members and non-Members. However, Young Persons cannot make Bookings.
2.2. By making a Booking You confirm that:
a. You are aged 18 years or over;
b. You are authorised to make the booking by and on behalf of each Participant; and
c. You are able accept these Terms on Your own behalf and on behalf of each member of Your Family.
2.3. Many of Our Adventure Club Activities have a number of pre-requisites which are set out on Our website. You should ensure that each Participant meets the Activity Pre-requisites prior to making a Booking. If You are unsure whether a Participant will meet any or all of the Activity Pre-requisites, You should contact the Centre to discuss it with an Authorised Person. In some circumstances We may allow a Participant to take part in an Adventure Activity who does not meet any or all of the Activity Pre-requisites, however, this must be confirmed by Us in advance in writing and is entirely at Our discretion.
2.4. If a Participant is unable to participate in a Booked Activity as a result of an insufficient level of fitness or because they do not meet the Activity Pre-requisites, We are entitled to refuse their participation on the Booked Activity. If You are unsure whether a Participant is likely to meet the required level of fitness for an Adventure Activity, You may wish to contact the Centre to discuss it with an Authorised Person.
3. How the Contract in respect of Your Booking is formed between You and Us
3.1. The terms set out in this document, together with any Booking Confirmation and any Consent Form(s) completed by You (or any other Participant) shall constitute the contract between You and Us.
3.2. We may update these Terms periodically. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time You make a Booking with Us, the Terms in force at the time of Your order will apply to the Contract between You and Us.
3.3. Your Booking is an offer to Us. If We accept Your offer We (or, if applicable, Our Payment Processor on Our behalf) will send You a Booking Confirmation. A legally binding agreement will only come into existence between You and Us when We (or, if applicable, Our Payment Processor on Our behalf) issue the Booking Confirmation (or, if You request a Booking in person at Our Centre immediately prior to Your participation in the Booked Activity, when We commence performance of the Contract). From that point onwards, these Terms and the Contract will become binding on You in relation to that Booking. A copy of these Terms and any joining instructions will be attached to Your Booking Confirmation.
3.4. If Your Booking relates to attendance at more than one Adventure Activity, or more than one session of the same Adventure Activity, then each session shall be considered a separate Booking which is contracted separately (notwithstanding that You may receive only one Booking Confirmation and Your payment may be aggregated).
3.5. You must read these Terms carefully, and check that the details on the Booking Confirmation and in these Terms are complete and accurate. If You think that there is a mistake please contact Us prior to Your Booked Activity and within 7 days from the date of the Booking Confirmation to discuss. We will confirm any changes to the Contract in writing to avoid any confusion between You and Us and the Contract will then be deemed amended accordingly.
3.6. You are responsible for all Your liabilities and obligations set out in the Contract. Where You enter into the Contract on behalf of Your Young Person or another Participant, You are responsible for all liabilities and obligations of the Young Person. Where You enter into the Contract on behalf of Your Family, You are responsible for all liabilities and obligations of Your Family.
3.7. If any of these Terms conflict with any other document We send You, these Terms will take priority unless explicitly stated otherwise by Us.
4. Price and Payment
4.1. In respect of each Participant that is a Member, You will be charged the prices for that Adventure Activity applicable to Members as set out in Our price list (which is available here) in force at the time You make Your Booking. In respect of each Participant that is not a Member, You will be charged the higher price applicable to non-Members as set out in Our price list in force at the time You make Your Booking. You should ensure You have checked Our current price list before You make a Booking. All prices for the Adventure Club Activities stated in brochures and in other promotional material are based upon Our price list in force at the time of issuing or uploading the same, and We cannot guarantee these will not have changed (irrespective of whether or not You are a Member).
4.2. Subject to clause 4.4, You can make a payment by cash, bank transfer, and any credit or debit card (with the exception of American Express) with no extra charge. You can also make a payment by American Express but You will be charged a 10% surcharge to reflect Our costs of processing the same.
4.3. Where You seek to make a Booking through a Payment Processor online:
a. You may do so using the relevant link on Our website to Our Payment Processor's website, or by visiting the Payment Processor's website directly;
b. any payment made through Our Payment Processor's website will be subject to any limitations imposed by the Payment Processor on the methods of payments which are accepted, and will be subject to any processing fee, and any additional terms and conditions relating to payment, imposed by the Payment Processor. These additional terms and conditions do not form part of the Contract between You and Us, but form a separate agreement between You and the Payment Processor relating to the administration of Your Booking. However, the Contract relating to Your Booked Activity remains between You and Us;
c. save as specifically described in these Terms, no Payment Processor has any authority to act on Our behalf. In particular, they cannot make any representation, or agree to any variation to these Terms or the Contract, on Our behalf and We will not be bound to You in relation to any such representation or attempted variation; and
d. when You access third-party websites linked to Our website, You do so at Your own risk. We do not control or accept any responsibility or liability for any third-party website.
4.4. You must pay the full cost of the Booked Activity at the time of making the Booking, unless We expressly agree otherwise in writing.
4.5. If We agree to allow You to delay making payment, if You have not paid the full cost of the Booked Activity by the time the Booked Activity commences, We reserve the right to treat it as a cancellation by You in accordance with clause 5.3 and remove each Participant from and prevent their participation in the Booked Activity.
4.6. In addition, if We agree to allow You to delay making payment, if following requests for payment, We have not received an outstanding payment for the Booking, We reserve the right to pass the debt to a suitable debt recovery organisation who will arrange for the recovery of the debt. There will be a minimum additional charge of £30 added to each unpaid invoice to reflect Our administrative costs and in addition You will be responsible for any additional costs We incur (including in instructing a debt recovery agent and any court fees) together with statutory interest as imposed by any Court.
5. Changes or Cancellation by You
THIS CLAUSE 5 IS IN ADDITION TO ANY LEGAL RIGHTS THAT YOU MAY HAVE TO CANCEL A REGISTRATION AS A MEMBER WITHIN THE CANCELLATION PERIOD AS DETAILED FURTHER IN CLAUSE 1.6 ABOVE.
5.1. At any time prior to the Booked Activity Date, Our staff will try (within reason) to assist You if You need to Change:
a. the Booked Activity Date to alternative dates which We offer; or
b. the Booked Activity to an alternative Adventure Activity.
5.2. Where We are able to accommodate Your Change, the following will apply:
a. Changes may be made without an administration fee if You notify Us at least 14 days prior to the Booked Activity Date;
b. We are entitled to charge an administration fee of £10 if You notify Us of the Change less than 14 days prior to the Booked Activity Date to reflect Our costs of administering the Change;
c. if Your Change increases the cost of the Booked Activity You will be invoiced for the additional amount which You must pay by the date stipulated on the revised Booking Confirmation or the date We specify.
5.3. For avoidance of doubt, if You or, where applicable, a member of Your Family or the Young Person for whom You have made the Booking, decides not to take part in a Booked Activity on one or more of the Booked Activity Dates, for whatever reason, You will not be entitled to a refund.
5.4. You will not be entitled to a refund if You cancel the Booked Activity.
6. Changes or Cancellation by Us
6.1. Whilst We try not to make any Changes We reserve the right to make minor Changes, or Changes required by law, to the facilities and the Booked Activity (in whole or part) both before and after You receive the Booking Confirmation and for the duration of the Booked Activity. We will notify You in advance where possible. We may also make minor changes to the Adventure Club (including the scheduling of Activities) from time to time whilst You are a Member.
6.2. Session duration will vary depending on the number of participants as follows:
a. 4 or less people – 60 minutes.
b. 5 or more people – 90 minutes.
6.3. We may need to Change or cancel Your Booked Activity in whole or part:
a. due to number of Participants; or
b. in exceptional circumstances We may need to Change or cancel Your Booked Activity in whole or part due to an Event Outside of Our Control;
6.4. If We have to make a significant Change or cancel all or part of Your Booked Activity under clause 6.3 You are entitled to:
a. receive a full refund for the Booked Activity; or
b. make an alternative Booking. If the alternative Booking is more expensive, We will ask You to pay the difference. If the alternative is less expensive, We will refund the difference.
6.5. We do not accept liability or pay compensation (except as set out in clause 6.4 above) for an Event Outside of Our Control or any other Change or cancellation under clause 6.3.
7. Site Rules and Behaviour
7.1. Whilst We want all of Our attendees to enjoy their Booked Activity, You are responsible for Your own actions (or if applicable, those of Your Young Person and any other Participant covered by Your Booking) and the effect that these may have on others. You agree that each Participant must abide by the Site Rules and take reasonable care of Our accommodation, facilities and equipment for the duration of the Booked Activity (or any part thereof).
7.2. The Site Rules include:
a. Each Participant must listen to and follow the instructions of each Instructor and Our staff.
b. We reserve the right to recover the cost of repair or replacement value (whichever is the lesser) from You if Our property is damaged by You (or if applicable Your Young Person or another Participant covered by Your Booking).
c. We do not accept responsibility for any personal property which includes (but is not limited to), electronic devices, vehicles, money jewellery and watches. Personal property remains each Participant's responsibility at all times and valuable items should not be taken on Site.
d. We have a non-smoking policy in any building, tent, activity or other area at each Site. Adults may smoke only in any designated smoking area We may designate and they must be out of view of Our other non-smoking customers.
e. Consumption of alcohol on Site is only allowed with Our consent and in places We specify and in any event, persons who have consumed alcohol will not be permitted to take part in the Booked Activity (or any part thereof). Illegal substances are not permitted on the Site. Persons who have consumed illegal substances will not be permitted to take part in the Booked Activity (or any part thereof).
7.3. The Site Rules may be updated by Us from time to time. We will inform You of any significant changes to the Site Rules prior to the Booked Activity which the Participant must comply with.
7.4. If We think (in Our absolute discretion) a Participant is:
a. causing danger or distress to other customers, Our staff, or anyone else;
b. wilfully causing damage to Our property;
c. failing to comply in full with any instruction given by an Instructor or a member of Our staff;
d. not complying with the Site Rules; or
e. under the influence of alcohol or any other drug (whether illegal or legal), that Participant may be prevented by Us from participating (or participating further) in the Booked Activity (in whole or part) and may be required by Us to leave the Site immediately. If that Participant is a Member, We may also terminate that membership in these circumstances. In such circumstances We will not be liable for reimbursing the cost of Your Booked Activity (in whole or part) or contributing to any expenses You may incur in making alternative arrangements.
8. Accidents and Our Liability
8.1. You acknowledge and accept that adventurous activities by nature carry an element of risk of injury or death. You (for Yourself and, where applicable, in respect of and on behalf of any other Participant, including Your Young Person) acknowledge and accept that risk when taking part in a Booked Activity.
8.2. If We fail to comply with Our obligations under these Terms then We are responsible for loss or damage You (or if applicable any other Participant) may suffer that is a foreseeable result of Our breach of these Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into the Contract.
8.3. For the avoidance of doubt, We accept responsibility should a Participant suffer death, or personal injury to the extent that it is caused by Our negligence or the negligence of Our employees, agents, suppliers or sub-contractors (provided they are working as specifically instructed by Us).
8.4. We do not accept liability for death, or personal injury to the extent that it was due to:
a. the act(s) and/or omission(s) of the Participant;
b. any failure by the Participant to follow the Site Rules or to comply with any provision of the Contract (including, but not limited to, clause 10 of these Terms);
c. any failure by the Participant to follow the instructions of an Instructor or Our staff; or
d. any failure by the Participant (or where the Participant is Your Young Person, You) to inform Us of a pre-existing medical condition.
8.5. Should an accident occur an accident report form will be completed and will need signing by the person affected. If necessary, the accident will be investigated further in order to assist in preventing any further accidents.
8.6. For avoidance of doubt, We do not provide insurance for personal accident, loss or damage to personal property or for cancellation. Each Participant is required to provide his or her insurance for these events.
8.7. Vehicles brought to the Site (including, but not limited to Our car parking facilities) remain the responsibility of the vehicle owner and/or driver at all times. We do not accept liability for any damage caused to vehicles whilst at the Site except where damage was caused as a result of Our negligence or the negligence of Our employees, agents, suppliers or sub-contractors (provided they are working as specifically instructed by Us).
9. Lost Property
9.1. Valuables, medication and small items will be kept for a maximum of 4 weeks and if not claimed will be disposed of.
9.2. Due to the volume of clothing that gets left on the Sites, all items of clothing are disposed of after a maximum of 2 weeks.
9.3. For avoidance of doubt We do not accept any responsibility for any personal item (including valuables) left at Sites.
SECTION THREE – GENERAL
10. Medical Conditions or Disabilities
10.1. You must inform Us in writing if a Participant has a medical condition or disability which could reasonably affect their involvement in a Booked Activity and/or which will reasonably require special provision or adaptation, at the time You make that Booking (and, if applicable, at the time the Participant becomes a Member) and on the Consent Form (or if it arises later, You must notify Us at the time You or the Young Person becomes aware of it and in the case of Members in any event before making any subsequent Booking). Where reasonably practical, We will make reasonable adjustments to enable a Participant to participate in the Booked Activity in full, or (where not reasonably practical for that Participant to participate in full) to a lesser extent. In some circumstances it may not be reasonable or practical for adjustments to be made to a Booked Activity to allow a Participant to be a part of that Booked Activity in whole or part.
10.2. In the event that any medical condition or disability is not disclosed at the time of a Booking and has not previously been disclosed to Us at the time a Participant became a Member or otherwise supplied a Consent Form, but such a medical condition or disability comes to Our attention at any time after We send a Booking Confirmation to You (including if You subsequently submit a Consent Form or provide an update to a Consent Form which identifies such a condition or disability), We reserve the right to prevent or restrict that Participant from participating in that Booked Activity (in whole or part) and You will not be entitled to any refund.
10.3. You must declare all medical conditions and disabilities affecting a Participant on the applicable Consent Form.
10.4. Our staff will not be able to administer any medication unless in an emergency or if We have received written consent from You.
10.5. In particular, please note:
a. Participants who suffer from asthma must keep their inhalers with them at all times during a Booked Activity;
b. Participants who may require medication in an emergency such as, but not limited to, epi-pens, insulin, aspirin, GTN, must carry it with them at all times unless specifically stated otherwise in writing;
c. Participants taking part in the City Skylines Aerial Adventure who take medication for heart problems or have a history of heart problems must declare it on the Consent Form and orally to the Instructor before using the ropes course;
d. We reserve the right to impose or include any other restrictions or obligations relating to a medical condition which will be set out on Our website here as updated from time to time which must be complied with by the Participant for the duration of the Booked Activity;
e. We reserve the right to impose weight restrictions on all or any Adventure Club Activities as set out on Our website here as updated from time to time. We reserve the right to weigh Participants on arrival and refuse his or her participation on a Booked Activity if We consider that he or she is in excess of the weight limit specified for that Booked Activity.
11. Consent Forms for all Participants and Responsibility for Young Persons
11.1. A Participant will not be permitted to take part in a Booked Activity unless:
a. he/she has (or their parent or guardian has on their behalf) completed, signed and returned to Us an Individual Consent Form; or
b. he/she is covered by a Family Consent Form which has been completed, signed and returned to Us.
11.2. Family Consent Forms may only be used by a family meeting the criteria set out in clause 13.7.
11.3. Where You make a Booking in respect of a group containing one or more Participant who is not covered by Your Family Consent Form, they must be covered by an Individual Consent Form.
11.4. Where You are not a Member but wish to make a Booking in respect of Your Family, it is at Our discretion whether to agree that a Family Consent Form can be used in respect of Your Family instead of an Individual Consent Form for each Participant.
11.5. Where a Family Consent Form may be used, it must be signed by each adult identified on the Family Consent Form. At least one such adult must be parent or legal guardian to each Young Person who is part of the Family and must also sign on behalf of that Young Person or those Young Persons.
11.6. You acknowledge that in accordance with clause 1.2 (in relation to registration as a Member) and clause 3.1 (in relation to a Contract for an Adventure Club Activity), a Consent Form is incorporated into each membership agreement or Contract (as applicable).
12. Data Protection
12.1. We will use the personal information You give to Us:
a. to provide each Booked Activity to each Participant and (if applicable) administer the membership of the Adventure Club of You and each other Member Your register;
b. to process Your payment for the Booked Activity and (if applicable) administer any Membership Fee;
c. to inform You (and where applicable each Member or Participant that You register) about similar products or services that We provide, but You may stop receiving these at any time by contacting Us; and
12.2. The Consent Forms will be securely stored and destroyed when no longer required in line with the Data Protection Act 1998.
12.3. You confirm to Us that You have obtained the consent of each Member or Participant that You register before providing any personal information about them to Us.
13. Other important terms
13.1. We may transfer Our rights and obligations under each Contract and each agreement with a Member to another organisation, and We will always notify You in writing if this happens. We will only transfer Our rights and obligations under the Contract in circumstances where Your rights under the Contract are not prejudiced. In any other circumstances, We will obtain Your consent prior to such assignment.
13.2. By registering with the Adventure Club and/or making a Booking You confirm that:
a. You are aged 18 years or over; and
b. You accept these Terms either in respect of (i) Your own participation: (ii) where You make a Booking for Your Family, each member of that Family, including You; or (iii) where a Booking is made in respect of a Young Person, that Young Person (and You confirm that You are parent or legal guardian of that Young Person).
13.3. Any Contract or other agreement incorporating these Terms is between You and Us. No other person shall have any rights to enforce its terms.
13.4. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5. If We fail to insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any other default by You.
13.6. These Terms are governed by English law. This means that a Contract, and any membership agreement, between You and Us and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
13.7. For clarity, for the purposes of registering as Members of the Adventure Club and making Bookings, a family shall be deemed to consist of a unit comprised of one or two adults and together with the Young Persons of which those adults are parent or legal guardian who are identified on the relevant Consent Form.
If there is any reason to complain about Your Booked Activity please inform Our office at the Centre, who will endeavour to help You. You can also submit a complaint in writing and either hand it in at reception or send it to Us, marked "FAO Management" as soon as reasonably practicable after Your Booked Activity. Failure to follow this procedure may prevent a full investigation of the points that You raise. We therefore reserve the right to refuse to accept liability for any complaint or claim that is not reported in accordance with this procedure unless the complaint or claim involved death, personal injury or serious illness requiring hospital treatment.