TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms (as defined below), this is what they will mean:
Activity: the services that We are providing to you as set out in the Booking and “Activities” shall be construed accordingly;
Booking: your order for the Activity on Our Site and “Booked” shall be construed accordingly;
Booking From: means the form you complete on Our Site to submit a Booking;
Customer: means any person, company or organisation who purchases services from Us for themselves and/or other Participants to undertake Activities.
Facilities: the facilities provided by Us where the Activity takes place.
Our Site: means Our Website located at www.cloud9leisure.com;
Participant: means an individual who takes part in the Activity https://cloud9leisure.com/waiver;
Safety Rules: means the rules relating to the Activity located at https://cloud9leisure.com/safety-rules/;
Waiver: means Our waiver form located at https://cloud9leisure.com/waiver/;
We/Our/Us: means Cloud 9 Leisure Ltd, a company incorporated under the laws of England and Wales with company registration number 10674426 and whose registered office is located at c/o CanteloWes Limited, Ground Floor, 15 Bowling Green Lane, London, EC1R 0BD.
2. OUR CONTRACT WITH YOU
2.1 These Terms tell you information about Us and the legal terms and conditions upon which:
(a) you can make Bookings; and
(b) We supply the Activity to you and any Participant.
These Terms will apply to any contract between us for the supply of the Activity by Us to you and any Participant (Contract).
2.2 Please read these Terms carefully and make sure that you understand them, before making a Booking on Our Site. 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 on Our Site.
2.3 We amend these Terms from time to time as set out in clause 11. Every time you submit a Booking Form to Us, please check these Terms to ensure you understand the terms which will apply at that time.
2.4 When you submit a Booking Form to Us, this does not mean We have accepted your Booking. Our acceptance of a Booking will take place as described in clause 2.5. If We are unable to provide the Activity, We will inform you of this and We will not process the Booking.
2.5 These Terms will become binding on you, any Participant and Us when We issue you with a written acceptance of a Booking, at which point a Contract will come into existence between you, any Participant and Us.
2.6 We shall assign a booking number to the Booking and inform you of it when We confirm the Booking. Please quote the booking number in all subsequent correspondence with Us relating to the Booking.
2.7 You must advise Us as soon as possible of any mistake in Our booking confirmation. We shall use our reasonable endeavours to ensure that you and your party’s participation commences at the time booked and it shall be the responsibility of each Participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.
3. USE OF OUR SITE
4. HOW WE MAY USE YOUR PERSONAL INFORMATION
4.2 We will use the personal information you provide to Us to:
(a) provide the Activity;
(b) process your payment for the Activity; and
(c) in accordance with the terms of the Booking Form.
5. THE ACTIVITY
5.1 We will make every effort to supply the Activity in accordance with the Booking.
5.2 Activities are delivered by individual employees and We may have to cancel or reschedule an Activity where required due to an event outside our reasonable control, such as technical problems, illness or travel delays. We will contact you as soon as reasonably possible if this happens.
5.3 In order for Us to provide the Activity, We will need you to provide Us with the signed Waiver for each Participant taking part in the Activity. Where a Participant is under the age of 18, the Waiver will need to be signed by someone with parental responsibility for the Participant. If you do not, after being asked by Us, provide Us with signed versions of all the Waivers relating to the Activity, or you provide Us with incomplete or incorrect Waivers, We may suspend the Activity by giving you written notice. We will not be liable for any delay or non-performance where you have not provided Waivers in accordance with this clause 5.3. If We suspend the Activity under this clause 5.3, you do not have to pay for the Activity while it is suspended.
6. IF THERE IS A PROBLEM WITH THE ACTIVITY COMPLETED
6.1 In the unlikely event that there is any problem with the Activity completed We will use every effort to rectify any problem as soon as reasonably practicable.
6.2 As a consumer, you have legal rights in relation to the Activity not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
The easiest way to contact us regarding any problem with the activity is to email us at firstname.lastname@example.org or calling 020 3873 7999 please give as much detail as possible, including booking reference and full review of any issues experienced during your visit, so our team can review and respond.
7. PRICE OF ACTIVITY
7.1 The prices of the Activity will be as quoted on Our Site at the time you submit a Booking. We take all reasonable care to ensure that the prices of the Activity are correct at the time when the relevant information was entered onto Our Site. HoWever please see clause 7.4 for what happens if We discover an error in the price of the Activity you have Booked.
7.2 Prices for Our Activities may change from time to time, but changes will not affect any Booking you have already made.
7.3 The price of the Activity includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom. HoWever, if the rate of VAT changes between the date of the Booking and the date of performance of the Activity, We will adjust the rate of VAT that you pay, unless you have already paid for the Activity in full before the change in the rate of VAT takes effect.
7.4 Our Site contains a large number of Activities. It is always possible that, despite Our reasonable efforts, some of the Activity on Our Site may be incorrectly priced. If We discover an error in the price of the Activity you have Booked We will contact you in writing to inform you of this error and We will give you the option of continuing to purchase the Activity at the correct price or cancelling your Booking. We will not process your Booking until We have your instructions. If We are unable to contact you using the contact details you provided during the Booking process, We will treat the Booking as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Activity to you at the incorrect (lower) price.
8. HOW TO PAY
8.1 You can only pay for the Activity using a debit card or credit card. We accept all major credit and debit cards.
8.2 Payment for the Activity is in advance. We will not charge your debit card or credit card until We confirm your Booking.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Activity, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 Before We begin to provide the Activity, you have the following rights to cancel a Booking, including where We change these Terms under clause 11 to your material disadvantage:
(a) You may cancel all bookings by providing us at least seven (7) days notice prior to the date and time stated on the Booking Confirmation. Contact with the booking team or proof of attempted contact will be required to cancel the booking.
(b) If you have made a mistake during the booking process, then We will, where possible amend the booking. To be applicable this will need to be completed within 24 hours of making the booking.
(c) If you cancel a Booking under clause 9.2(a) and you have made any payment in advance for the Activity that have not been provided to you, We will refund these amounts to you.
(d) if you need to amend a Group booking, you can notify us 7 days prior to the event to notify us of your intention to amend the booking. If We have availability, We will increase bookings size where possible, but We can only reduce numbers to match the held deposit payment.
9.3 Once We have begun to provide the Activity to you, you may cancel the Contract with immediate effect by giving Us written notice if:
(a) We breach the terms of the booking in any material way and We do not correct or fix the situation within 5 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 11 to your material disadvantage.
To cancel a booking, you need to let us know that you have decided to cancel. The easiest way to do this is to email our bookings team at email@example.com If you use this method We will provide you with written confirmation that We have received your cancellation.
You can also contact our Call Centre team by telephone on 0203 87 37 999. If you are e-mailing Us please include details of your Booking to help Us to identify it. If you send Us your cancellation notice by e-mail, then your cancellation is effective from the date you send Us the e-mail. For example, you will have given Us notice in time as long as you e-mail Us before midnight on that day.
9.4 In the event that a refund is due to you under these Terms, We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Activity We may refund you in vouchers.
10. OUR RIGHTS TO CANCEL
10.1 We may cancel a Contract for the Activity at any time with immediate effect by giving you written notice if you breach a Contract or the Activity Rules in any material way.
10.2 We may cancel the Contract if any Participant does not meet the conditions set out in clause 14.
11. OUR RIGHT TO VARY THESE TERMS
11.1 We amend these Terms from time to time.
11.2 Every time you make a Booking on our site, the Terms in force at the time of your Booking will apply to the Contract betWeen you and us.
11.3 We may revise these Terms as they apply to your Booking from time to time to reflect any changes in relevant laws and regulatory requirements.
11.4 If We have to revise these Terms as they apply to your Booking, We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Activity or just the Activity you have yet to receive. If you opt to cancel, We will arrange a full refund of the price you have paid.
12. OUR LIABILITY
12.1 We do not exclude or limit in any way Our liability for:
12.1.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
12.1.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
12.2 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. We are not responsible for any loss or damage that is not an obvious consequence of Us breaching the Contract or not contemplated by you and Us at the time We entered into the Contract.
12.3 Please look after your belongings carefully when you visit our locations. We are not responsible for the loss or damage to any valuables, cash or other items belonging to you or any persons accompanying you while you are visiting any of our locations.
12.4 Vehicles parked at the site locations are left at the owners’ risk.
13. COMMUNICATIONS BETWEEN US
13.1 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
13.2 You may contact Us as described in clause 9.3.
13.3 the contract and receive a refund for any Activities you have paid for but not received.
14.1 All participants must complete a Waiver prior to undertaking the activity.
14.2 Any Participant using the Facilities who is under the age of 18 must have the Waiver completed by a parent or guardian responsible for their care. Should the parent or guardian completing the waiver not be the direct parent or guardian of the Participant, the person completing and signing the Waiver declares they have the authority from the Participant’s parent or guardian to sign the acknowledgement of risk Waiver and We shall reply on such written declaration as if this had been made by the direct parent or guardian of the Participant.
14.3 The Activities comprise challenging activities and participation is not without risk as a fall could cause serious injury or be fatal. All participants will receive a safety briefing before they are permitted to begin the Activity.
14.4 Wilful damage must not be caused to the Facilities, fixtures or fittings by any Customer or Participant. If damage is caused, the Customer hereby accepts they shall be liable to pay for such damage.
14.5 We reserve the right to refuse admittance to the Activities or to remove a Participant from the Activities should it deem it necessary to do so. This includes a Participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs.
14.6 After the safety briefing has been completed, Participants will not be directly supervised by an instructor.
14.7 For safety reasons, all Participants must be over 1m in height, be reasonably fit and healthy and must Weigh less than 18 stones/115kg.
14.8 If you have any concerns We advise that you visit a site at a time prior to your booking and speak to a member of the Cloud 9 Leisure staff. Anyone who does not meet these requirements will not be allowed to undertake the Activities. It is your responsibility to ensure that all members of your party meet these requirements.
14.9 Prices are on a per person basis and are not depending on age.
14.10 The Activities are physically demanding and require a degree of agility, strength and stamina. Participants are advised to jump within their ability – only the individual knows or understands their own limits and competencies. If you are unsure of whether you can complete a manoeuvre, you should not attempt it. If Participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the Activities We recommend that pregnant women should not take part. Pregnant women who still wish to undertake the activities will be required to sign a disclaimer confirming that they are aware that there are risks to them and to their unborn child and that participation in the Activities is at their own risk.
14.11 Participants need to be able to see similar distances to those required to drive a car in order to be able to complete the activity and to supervise any under 12’s in their care. Consequently, short or long sighted participants must ensure that they Wear contact lenses or prescribed glasses.
14.12 All participants are required to act responsibly and courteously at all times and to respect other participants. We shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable.
14.13 Participants must be dressed appropriately (see clause 15) and We reserve the right to refuse admittance to the Activities to any Participant who is not appropriately dressed.
14.14 No refunds or compensation will be payable by Us in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for the reasons set out in this clause.
14.15 All participants age 12 and under must be accompanied in our Facilities by an adult for the duration of their visit. The adult does not have to take part in activities but must be present in the building.
15.1 It shall be the responsibility of all Participants to ensure that they are dressed appropriately and We advise Participants to Wear clothing appropriate for the activity and which they do not mind getting damaged. In particular, the following restrictions shall apply:
15.1.1 Participants must Wear socks for hygiene;
15.1.2 Long hair should be tied back;
15.1.3 No belts, jeWellery or other sharp items of clothing that may cause damage to yourself, the equipment or other Participants; and
15.1.4 We will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.
16 OTHER IMPORTANT TERMS
16.1 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs 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.
16.3 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.5 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on Our Site if this happens.
16.6 Your rights under the Terms shall extend to any Participant but such extension shall not affect Our rights to terminate or vary any Contract in accordance with the Terms.
16.7 The Customer shall indemnify the Cloud 9 Leisure Limited against all claims, costs and expenses which We may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms & Conditions.
16.8 We are not responsible for delays outside our control. If performance of Our obligations under these Terms is delayed by an event outside our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract.
16.9 These Terms are governed by English law. This means a Contract for the Activity through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to 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.