These Terms tell You information about Us and the legal terms and conditions on which We provide the Holiday Schemes, whether You make a Booking by email, telephone, online, or in person at Our Centre. Please note that these Terms only apply to the Holiday Schemes, and the terms for other activities, clubs or schemes can be found here.
These Terms will apply to any Contract between You and Us in respect of the participation in the Holiday Scheme of any Young Person of whom You are parent or guardian. Please read these Terms carefully and make sure that You understand them, before making a Booking. Please note that before 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 make a 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 in respect of a Young Person, please check these Terms, available here to ensure You understand the terms which will apply at that time. These Terms came into effect on 19th 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 emailing Us. Please see clause 15 for Our complaints procedure.
A summary of the meanings of all words with capital letters used in these Terms can be found here.
1. Making Your Booking
1.1. You can make a Booking by contacting Us as follows:
a. email Us
b. telephone on 0116 268 1426;
c. completing and sending an enquiry form via Our website;
d. in person by visiting the Centre and speaking to an Authorised Person; or
1.2. By making a Booking You confirm that:
a. You are aged 18 years or over;
b. You are authorised to make the Booking on the behalf of Your Young Person; and
c. You are able to accept these Terms on Your Young Person's behalf.
2. How the Contract is formed between You and Us
2.1. These Terms together with the Booking Confirmation (whether issued by Us or by Our Payment Processor on Our behalf) and the Registration Form completed by You in respect of a Young Person together with any terms contained in any other document which We expressly identify as being legally binding, shall constitute the contract between You and Us in respect of the Young Person's participation in the Relevant Scheme (Contract).
2.2. You must complete a Registration Form in respect of each Young Person prior to the commencement of their first participation in the Holiday Scheme, and thereafter will be required to complete a new Registration Form prior to the first occasion on which the Young Person attends the Holiday Scheme after the start of each School Year. In the event that during a School Year any information set out on a Registration Form becomes incomplete or inaccurate, or the form otherwise becomes out of date, You must notify Us and We will update Our records.
2.3. Your Booking is an offer to Us. If We accept Your offer We (or 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. From that point onwards, these Terms will become binding on You. A copy of these Terms will be attached to Your Booking Confirmation.
2.4. 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 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.
2.5. We may update these Terms periodically. If We do so, We will give You as much notice as reasonably practicable of the update and the updated Terms will apply: (i) to any Booking You make after the date on which such updated Terms come into force; or (ii) to any Booking made prior to the date on which such update takes effect, provided that We notify You of the updated Terms and the update takes effect prior to the commencement of the Relevant Scheme; or (iii) in exceptional circumstances, from a date midway through the Relevant Scheme where We notify You that unless You accept the updated Terms, Your Young Person will no longer be able to attend the Relevant Scheme from a particular date.
2.6. Where either clause 2.5(ii) or clause 2.5(iii) applies and You do not accept the updated Terms, We will let You know how You can cancel Your Booking and will give You a refund of any charges You have paid in advance in respect of the period after the date on which You cancel Your Booking.
2.7. You accept these Terms and enter into the Contract on behalf of Your Young Person and You are responsible for all liabilities and obligations of the Young Person set out in the Contract.
2.8. If any of these Terms conflict with any other document We send You, these Terms will take priority unless explicitly stated otherwise by Us.
2.9. For clarity, each Booking for each Relevant Scheme shall constitute a separate Contract.
3. Price and Payment
3.1. The price You will be charged in respect of a Relevant Scheme will be calculated by reference to Our price list in force at the time You make Your Booking. You should ensure that You have checked Our current price list before You make a Booking. All prices stated in promotional material for the Holiday Scheme 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 subsequently. The price of Your Booking will be confirmed in Your Booking Confirmation.
3.2. Subject to clause 3.3, 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.
3.3. 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 Our 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 the Relevant Scheme 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.
3.4. As We are an Ofsted registered group (226869), We accept valid childcare vouchers issued by the organisations identified for these purposes on Our website from time to time. Should You require Our childcare voucher account information, You should contact the Scheme Coordinator.
3.5. Payment procedures for the Holiday Schemes are as follows:
a. A non-refundable deposit of 50% is required when any Booking is made (save that where You are paying with valid childcare vouchers, we may at Our discretion waive the advance deposit).
b. The remaining balance is due on or before the first day of attendance at the Relevant Scheme, unless we, at Our discretion, agree a payment plan with You, in which case the balance shall be payable in accordance with that payment plan.
3.6. We do not normally send out reminders and You are responsible for making payment by the date shown on the Booking Confirmation or payment plan. If a reminder is sent due to non-payment, You agree that We can charge You £15 for each reminder to cover Our administration costs.
3.7. For each Young Person that has not been collected from Our Site by the time specified on Our website (or such other time as has been notified to You by Us) then a charge of £10 for every half an hour, or part thereof, may be charged to You. It is Our policy to waive this charge on the first two occasions on which it is incurred during a Relevant Scheme, but We are not obliged to do so.
3.8. If, following requests for payment, We have not received an outstanding payment for the Relevant Scheme, 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 Booking Confirmation 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 daily interest as imposed by any Court.
4. Changes or Cancellation by You
4.1. If You need to cancel Your Booking, You must notify Us as early as possible. If You cancel:
a. in the 14 days prior to the commencement of the Relevant Scheme, You will not be entitled to a Refund and will be liable to pay for each such Session in full if any balance is outstanding; or
b. more than 14 days prior to the commencement of the Relevant Scheme, You will be liable to pay Us 50% of the total cost of the Relevant Scheme. If You have paid more than 50% of such total cost at the time You cancel, We will refund You the balance and retain an amount equal to 50% of the total cost of the Relevant Scheme, but if You have not paid 50% of such cost at the time You cancel, You will remain liable to pay the balance of that 50% to Us.
4.2. If You wish to alter, amend or add to any aspect of Your Young Person's attendance at a Relevant Scheme (including increasing the number of Sessions attended by the Young Person, or by reducing the number of Sessions attended by the Young Person, or by cancelling attendance at a particular Session), You should notify Us and Our staff will try (within reason) to assist You. Please note that:
a. If a Young person is unable to attend a specific Session for any reason, then provided You notify Us in advance or the Young Person is unwell, We may at Our discretion permit You to transfer the Young Person to a subsequent equivalent Session;
b. If following the making of a Booking You request that Your Young Person attends an additional Session or additional Sessions during a Relevant Scheme and We agree to Your request, We will confirm the same to You in writing and the Booking will be deemed to be varied. You must pay a non-refundable deposit at the time of Booking such additional Session or Sessions and the balance shall be payable on or before the date of such Session;
c. If You cancel Your Young Person's attendance at a Session to which the Booking relates (including as may be added as per clause 4.2b) more than 14 days prior to that Session taking place You will be liable to pay 50% of the cost of the Session (and if You have already paid more than 50%, We will refund the difference to You, but if You have not paid such 50% You will remain liable to Us for that balance). If You cancel Your Young Person's attendance at a Session to which the Booking in the 14 days prior to the date on which the Session takes place, You will not be entitled to a Refund and will be liable to pay for that Session in full if any balance is outstanding but clause 4.2a may apply.
4.3. For the avoidance of doubt, if a Young Person decides not to take part in any part of a Session, for whatever reason, You will not be entitled to any refund in respect of that part of the Session.
5. Changes or Cancellation by Us
5.1. Whilst We try not to make any Changes We reserve the right to make minor Changes, or Changes required by law, to the facilities, the activities, and/or the Relevant Scheme (in whole or part) both before and after You receive the Booking Confirmation. We will notify You in advance where possible.
5.2. The timetable of activities for the Holiday Scheme is set out on Our website from time to time but is subject to change due to seasonal and weather changes. This timetable may vary for different School Holiday Periods.
5.3. In exceptional circumstances We may need to Change or cancel a Session in whole or part, or a Relevant Scheme in whole or part, due to an Event Outside of Our Control.
5.4. If We have to make a significant Change or cancel all or part of a Session or Relevant Scheme under clause 5.3 You are entitled to:
a. receive a full refund in respect of the Session or Sessions affected; or
b. in the case of an Event Outside Our Control affecting a single Session, nominate an alternative Session (being a half day session or a full day session as per the original booked Session) for the Young Person to attend provided there are spaces available.
5.5. We do not accept liability or pay compensation (except as set out in clause 5.4 above) for an Event Outside of Our Control.
6. Medical Conditions or Disabilities
6.1. You must inform Us if a Young Person has a medical condition or disability which could reasonably affect his or her involvement in an activity and/or which will reasonably require special provision or adaptation at the time of Booking and on the Registration Form (or if it arises later, at the time You become aware of it). Where reasonably practical, We will make reasonable adjustments to enable that Young Person to participate in an activity in full, or (where not reasonably practical for the Young Person to participate in full) to a lesser extent. In some circumstances it may not be reasonable or practical for adjustments to be made to an activity to allow that Young Person to be a part of the activity in whole or part.
6.2. In the event that any medical condition or disability is not disclosed on the Registration Form in accordance with clause 6.1, but such a medical condition or disability comes to Our attention at any time after We send the Booking Confirmation to You (including if You subsequently submit a Registration Form or provide an update to a Registration Form which identifies such a condition or disability, or otherwise), We reserve the right to prevent or restrict the Young Person concerned from participating in the Relevant Scheme (in whole or part) and You will not be entitled to any refund.
6.3. You must declare all Your Young Person's medical conditions and disabilities on the applicable Registration Form.
6.4. Our staff will not be able to administer any medication unless in an emergency or if We have received written consent from You and You have signed and "Administer of Medicine" form in accordance with clause 6.5.
6.5. Subject to clause 6.8(a and b), should Your Young Person require medication while at the Centre, it must be handed in to the office. Our "Administer of Medicine" form in use from time to time must then be completed and all relevant details relating to that medication (such as full details of the medication, dosage, time of administration, directions for use, and any other condition of use and any further relevant information) must be included on the relevant section of the form. The medication will then be administered by a member of Our staff in accordance with the details provided on the Administer of Medicine form. We accept no liability for any actions taken by Our Staff as a consequence of any inaccurate details included in the Administer of Medicine form or of any relevant information not being included on the form, and You acknowledge that Our Staff are not medically trained.
6.6. No medication should be left in Your Young Person's bag or lunchbox.
6.7. No Young Person with a suspected or diagnosed contagious illness should attend a Session until all symptoms have completely disappeared. You must inform Us at the earliest opportunity should this be the case.
6.8. In particular, please note:
a. Young Persons who suffer from asthma must keep their inhalers with them at all times whilst they are attending a Session.
b. Young Persons 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 by their parent or legal guardian.
c. Where a Young Person wishes to take part in the City Skylines Aerial Adventure ropes course and takes medication for heart problems or has a history of heart problems, You must declare it on the Registration Form before the Young Person uses the ropes course.
d. We reserve the right to impose or include any other restrictions or obligations relating to a medical condition which must be complied with by You and the Young Person. These will be set out on Our website and/or in the Handbook.
e. We reserve the right to impose weight restrictions on all or any activities as set out on Our website as updated from time to time. We reserve the right to weigh a Young Person on arrival and refuse his or her participation in the activity if We consider that he or she is in excess of the weight limit specified for that activity.
7. Registration Forms and Responsibility for Young Persons
7.1. A Young Person will not be permitted to take part in a Relevant Scheme unless You have completed, signed and returned to Us a Registration Form for that Young Person which is valid for the School Year in which the Relevant Scheme takes place in accordance with clause 2.2.
7.2. Registration Forms for Young Persons must be signed by You. Please note that, the relevant Registration Form forms part of the Contract relating to the Booking. You acknowledge that upon You signing a Registration Form it is incorporated into the Contract and is binding upon You.
7.3. All parents and/or carers should sign in the Young Person or Young Persons at the office on arrival. Only persons named on the relevant Registration Form will be able to collect them, and any changes to such named persons must be notified to Us by You in writing via a method approved by Us. We reserve the right to refuse collection of a Young Person by any person who is not named on the relevant Registration Form, in which case the charges set out in clause 3.7 will apply. Young Persons over the age of 14 may sign themselves in and out once written parental permission has been received by Us.
8. Data Protection
8.1. We will use the personal information You give to Us:
a. to provide the Holiday Schemes;
b. to process Your payment for the Relevant Scheme;
c. to inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us in writing; and
8.2. The Registration Forms will be securely stored and destroyed when no longer required in line with the Data Protection Act 1998.
9. Site Rules and Behaviour
9.1. Whilst We want all of Our attendees to enjoy their participation in the Relevant Scheme, You are responsible for Your Young Person's actions and the effect that these may have on others. You must ensure that Your Young Person is made aware of and abides by, the Site Rules and that reasonable care is taken of Our accommodation, facilities and equipment.
9.2. The Site Rules include:
a. Each Young Person must listen to and follow the instructions of each Instructor and Our other staff.
b. Any Young Person behaving in an unacceptable manner will be reported to their parents / carer.
c. If behavioural problems arise then You will be notified and should behaviour which We consider unacceptable continue, We reserve the right to exclude the Young Person concerned from attending the Relevant Scheme (in whole or in part) and/or any future instance of the Holiday Scheme.
d. We reserve the right to recover the cost of repair or replacement value (which ever is the lesser) from You if Our property is damaged by You or Your Young Person, or any other person collecting Your Young Person from Our Site.
e. We do not accept responsibility for any personal property which includes (but is not limited to), electronic devices, vehicles, money, jewellery, clothing and watches. Personal property remains the Young Person’s responsibility at all times, and valuable items should not be taken on Site.
f. We have a non-smoking policy in any building or other area at the 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. Young Persons are not permitted to smoke anywhere on the Site or anywhere else whilst participating in the Holiday Scheme.
g. Consumption of alcohol on Site is prohibited, and Young Persons who have consumed alcohol will not be permitted to take part in the Holiday Scheme. Illegal substances are not permitted on the Site. Young Persons who have consumed illegal substances will not be permitted to take part in the Holiday Scheme.
9.3. We encourage good behaviour through Our "Activate Smilies Scheme". Young Persons who attend a Relevant Scheme can collect smilies. These are given for reasons to be determined by Us for example good behaviour, assisting the Instructors, or for putting exceptional effort into an activity. The smilies are collected and may be exchanged for rewards decided by Us and at Our discretion.
9.4. The Site Rules may be updated by Us from time to time. We will inform You of any significant changes to the Site Rules via Our website in advance of that change coming into force.
9.5. If We think (in Our absolute discretion) a Young Person is:
a. causing danger or distress to other participants, 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 Young Person may be prevented by Us from participating (or continuing to participate in) in the Session or Relevant Scheme, and We may require You to collect Your Young Person immediately. In such circumstances We will not be liable for reimbursing the cost of the Young Person's visit (in whole or part) or contributing to any expenses You may incur in making alternative arrangements.
10. Accidents and Our Liability
10.1. You acknowledge and accept on behalf of Your Young Person that adventurous activities by nature carry an element of risk of injury or death.
10.2. If We fail to comply with Our obligations under these Terms, then We are responsible for loss or damage You 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.
10.3. For the avoidance of doubt, We accept responsibility should You or a Young Person 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).
10.4. 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 person(s) affected;
b. the person affected failing to follow the Site Rules or the Young Person or You failing to comply with any provision of the Contract (including, but not limited to, clause 7 of these Terms);
c. the person affected failing to follow the instructions of an Instructor or Our staff; or
d. the Young Person or You failing to inform Us of a pre-existing medical condition.
10.5. Should an accident occur an accident report form will be completed and will need signing by You. If necessary, the accident will be investigated further to assist in preventing any further accidents. If hospital treatment is required the parent or guardian identified on the Registration Form will be contacted. You will be required to give consent to Your Young Person receiving any medical or emergency treatment on Your Young Person's Registration Form.
10.6. For avoidance of doubt, We do not provide insurance for personal accident, loss or damage to personal property or for cancellation. You are required to provide insurance for Your Young Person for these events.
10.7. 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).
11. Safeguarding Children and Bullying Policy
11.1. Full details of Our Bullying Policy and Safeguarding Children Policy are available on Our website. Bullying is strictly prohibited.
12. Lost Property
12.1. Valuables, medication and small items will be kept for a maximum of 4 weeks and if not claimed will be disposed of.
12.2. Due to the volume of clothing that gets left at Sites, all items of clothing are disposed of after a maximum of 2 weeks.
12.3. For the avoidance of doubt We do not accept any responsibility for any personal item (including valuables) left at Sites.
13. Other important terms
13.1. We may transfer Our rights and obligations under the Contract 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. This Contract is between You and Us. No other person shall have any rights to enforce its terms.
13.3. Each clause of the Contract 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.
13.4. 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.
13.5. These Terms are governed by English law. This means that a Contract 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.
We may ask Young Persons and their parents or guardians to complete a feedback form about the Holiday Scheme from time to time. This can be completed anonymously. If there is any reason to complain about a Scheme 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 the Young Person's attendance at the Scheme. 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.