1. DEFINITIONS
Booking Confirmation: Our written confirmation of the Booking
Booking: the reservation made by You and accepted by Us in accordance with these Conditions and as set out in the Booking Confirmation
Cancellation Charges: the cancellation charges payable by You in the circumstances set out in these Conditions
Child/Children: the person(s) for whom the Booking is made
Conditions: the terms and conditions set out in this document and any special terms and conditions agreed in writing between Us & You
Contract: the contract between Us and You for the Booking
Departure Date: the departure date specified in the Booking Confirmation or such other date as may be applicable by reference to these Conditions
Holiday Club: your booking details of which are set out in the Booking Confirmation or otherwise agreed in writing by Us
Our/We/Us: Culks Limited whose address is PO Box 67, St Helier, Jersey, JE4 9PL
Price: the price set out in the Booking Confirmation or as otherwise calculated in accordance with these Conditions
Starting Date: the date specified in the Booking Confirmation or such other date as may be applicable by reference to these Conditions
You/Your: the person who’s Booking is accepted by Us in accordance with the Conditions
2. CONDITIONS APPLICABLE
2.1 The Conditions shall apply to the Contract to the exclusion of all other terms & conditions.
2.2 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation issued by Us shall be subject to correction without any liability on Our part unless such correction materially affects Your rights and obligations to Your detriment in which case You shall be entitled to cancel the Contract without liability within 14 days of receipt of the notice of such correction. In the event of cancellation in such circumstances You shall be entitled to a refund of any sums paid (except in respect of any services provided).
2.3 The details published in various brochures and leaflets are compiled from up-to-date and accurate information available at the time of going to press (the print date appearing in each brochure or leaflet).
2.4 Nothing in these Conditions is intended to nor shall affect Your statutory rights.
3. BOOKING PROCEDURES
3.1 No Booking Confirmation shall be binding on Us until returned to Us by You within any period prescribed by Us and We have received payment in full in cleared funds.
3.2 You shall not be entitled to make any alteration to any documentation issued by Us. Any alteration required to any Booking Confirmation prior to any Booking being made should be notified to Us as soon as possible and in the event We are able to satisfy Your requirements We shall send to You a revised Booking Confirmation.
4. CHANGES AND CANCELLATIONS
4.1 If You wish to change Your Booking We will endeavour to make such changes You may request but it may not always be possible. Any request for changes to the Booking may be made either in writing or by telephoning Culks on 629368. If We agree to Your request We will confirm the changes in writing.
4.2 We reserve the right to make changes to the Booking which are required to conform with any applicable safety or other statutory requirements or which are not of a material nature.
4.3 Itineraries and programmes are subject to alteration due to weather or operational factors beyond Our control and We reserve the right to substitute alternative facilities or services of reasonably equal or better standard without prior notice or liability and without any alteration to the Booking Price.
4.4 Material changes may be necessary by reasons for prevailing weather conditions, Operational considerations and matters beyond Our control (including Force Majeure events). Accordingly We reserve the right to make changes which are of a material nature and in such circumstances We will inform You as soon as reasonably possible. In such event You shall have the following options:
(a) to accept the change (subject to paying any additional charges or receiving a refund in respect of any price difference) and the Contract being varied accordingly or
(b) to book a substitute activity comprised in the Booking and We shall provide a credit for the Price (or part of the Price attributable to the affected activity) paid by You or
(c) to cancel the Booking or such part of the affected Booking and We shall refund in full all sums paid in respect of the Booking or affected part of the Booking.
4.5 You shall be not be entitled to cancel the Booking less than 21 days prior to the Starting Date under any circumstances including but not limited to illness, accident or injury. Cancellations received before 21 days prior to the Starting Date shall be subject to You providing Us with written notice and paying 15% of the booking fee.
4.6 Without prejudice to any other right or remedy available to Us We shall be entitled to cancel the Contract without any liability in the event the Price is not paid by the Payment Dates or if You fail to provide any information requested by Us or We consider that the club is unsuitable for your Child. In the event of cancellation under this clause the Cancellation Charges shall apply.
4.7 Without prejudice to anything else in this Contract You agree that We will not be responsible for any expense consequential loss legal liability loss or damage to any property or person arising from matters acts and/or defaults outside of Our control.
5. PRICE AND PAYMENT
5.1 Subject to any special terms agreed in writing You shall make payment for the Booking and the Price prior to the Starting Date. We not send payment reminders.
5.2 If You fail to make payment by the Starting Date then without prejudice to any other right or remedy available to Us We shall be entitled to charge You interest at the rate of 2% per annum above Barclays Bank Plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6. YOUR RESPONSIBILITIES
6.1 Participation in activities requires Children to be in good health and have a reasonable basic level of fitness.
6.2 Children will be required to ensure that their behaviour is compatible with the orderly conduct of activities and that minimal disturbance to other visitors is caused and Children are required at all times to follow the verbal and/or written instructions of Our staff.
6.3 You and Your Child must take all appropriate measures for the protection and security of any valuables baggage or other personal possessions.
6.4 You and Your Child shall at all times take such precautions as shall be necessary and/or as may be reasonably required by Us to prevent or restrict the spread of infectious or contagious diseases e.g., chicken pox, gastro enteritis. In particular (and without limitation) You are required to advise Us if Your Child has suffered from or been in contact with other persons or animals suffering from infectious or contagious diseases representing any threat to human health within the period of 4 weeks prior to the Arrival Date.
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6.5 Where You advise Us that Your Child has suffered from or been in contact with others suffering from infectious or contagious disease, we shall be entitled to cancel the Booking of the Child. The appropriate Cancellation Charges (pro-rated where appropriate) will apply.
6.6 We reserve the right to decline to accept or cancel any Booking or exclude any Child at any time prior to or during the Club if in Our reasonable opinion the behaviour of that Child is or may be disruptive, dangerous, annoying or incompatible with the general enjoyment of other visitors. Behaviour deemed inappropriate may include but is not limited to:
• leaving the site unless accompanied by a member of Our staff;
• threatening behaviour including offensive or insulting language to other visitors or Our staff;
• suspected involvement with illegal drugs;
• smoking;
• entering accommodation used by the opposite sex or fostering an inappropriate relationship with another visitor;
• theft vandalism or illegal activities;
• inappropriate behaviour;
• bullying (in any form) which adversely affects the enjoyment of other children. Where we exercise Our rights under this clause You must arrange for Your Child to be collected immediately. Any additional costs so incurred shall be entirely Your responsibility and You shall reimburse any costs reasonably incurred by Us in connection with the exclusion of Your Child (to include costs of arranging alternative care and/or transportation).
6.7 It is Your responsibility to inform Us at the time of Booking or as soon as You become aware of any actual or anticipated disabilities social or behavioural problems or circumstances (including details of past experiences) affecting Your Child where such problems or circumstances may affect Your Child’s time with Us. This may include but is not limited to mobility or medical problems diagnosed conditions such as ADHD or Aspersers Syndrome past difficulties experienced such as being excluded from school or extended periods being cared for away from parents
6.8 On request You shall provide Us with written confirmation from Your Child’s General Practitioner confirming the suitability of the Club for Your Child with particular reference to such considerations as physical access successful participation and health and safety.
6.9 We reserve the right to exclude any Child or cancel the Booking for any Child at any time prior to or during the Club if We in Our absolute discretion have reason to believe that important information has not been provided to Us.
6.10 You agree to be liable for any replacement or repair costs relating to any damage caused by Your Child.
6.11 If any problem is experienced during the Club the matter should be immediately reported to the Duty manager to allow Us the opportunity to rectify any problem raised. If it is not resolved You should write to Us no later than 14 days following the Departure Date and We will endeavour to find a satisfactory solution.
7. DATA PROTECTION
Personal information requested at the time of and immediately subsequent to Booking is held on computer and We use this information in connection with providing the Club. We take full responsibility for ensuring that proper security measures are in place to protect such information. To process Your Booking and provide the Club We shall provide this information to Our employees’ or to such other third parties as is otherwise required by law.
8. LIABILITY
8.1 Our liability (except in respect of death or personal injury caused by Our negligence or that of Our employees which is not limited or excluded by these Conditions) for any delay in performing or any failure to perform any of Our obligations in relation to the Booking shall be limited to a maximum of the cost of the Booking.
8.2 We accept responsibility for death injury or illness caused by the negligent acts and/or omission of our employees whilst acting within the scope of or in the course of their employment in the provision of the Club.
9. FORCE MAJEURE
We shall not be liable for any delay in performing or failure to perform any obligation or alterations and cancellations due to any cause beyond Our reasonable control including strikes lock-outs labour disputes act of God war riot civil commotion terrorism malicious damage threats to safety compliance with any law or governmental order rule regulation or direction accident environmental contamination pandemic outbreak of disease breakdown of plant or machinery fire flood storm difficulty or increased expense in obtaining workmen materials goods or raw materials in connection with the performance of this Agreement.
10. PHOTOGRAPHY and INTELLECTUAL PROPERTY
Copyright in all photographic images used in this brochure belongs to Us. No reproduction of such images or any part of this brochure shall be made without Our prior written permission. Please inform Us in writing if You do not wish for Your Child to be photographed, as digital images of Children may be used in future marketing materials.
11. EMERGENCY PROCEDURES
In the event of an accident or emergency where We or our emergency contacts are unreachable You give permission for the necessary emergency medical treatment to be given in Your absence.
12. GENERAL
12.1 The headings in the Conditions are for convenience only and shall not affect their interpretation.
12.2 We may perform any of its obligations or exercise any of Our rights hereunder by Ourselves or through Our employees’ agents’ franchisees sub-contractors or affiliates.
12.3 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or other provision.
12.4 No failure by Us to exercise any power given to it or to insist upon strict compliance by Us with any obligation hereunder and no custom or practice of the parties at variance with the terms hereunder shall constitute any waiver of any of Our rights under the Contract.
12.5 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
12.6 If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
12.7 The Contract shall be governed by the laws of Jersey. |
