Terms and Conditions – Booking a Course
Policy Updated June 2020
These Terms and Conditions apply to booking a course advertised on Beyond the Edge’s (BtE) website. A different set of terms and conditions apply to the bespoke services described on BTE’s website.
A course place is reserved on receipt by BtE of a completed booking form and payment as follows:
- If a half day course, payment of course fee in full
- If a full day course, booked at least 6 weeks prior to the course date, payment of a non-refundable deposit of £70.00 or the course fee in full (which includes a non-refundable deposit of £70.00)
- If a full day course, booked less than 6 weeks prior to the course date, payment of the course fee in full (which includes a non-refundable deposit of £70.00)
Booking forms can be completed on-line via BtE’s website or in paper format and sent to BtE’s office.
A course place is confirmed when BtE has received and accepted a client’s booking form and required payment, and issued to the client written confirmation of their booking. Course places and dates are subject to availability.
Payment of deposits and course fees must be paid in sterling via bank transfer or PayPal.
All balances must be paid in cleared funds at least 6 weeks prior to the commencement date of the course. If not paid in that timescale, BtE may treat the booking as cancelled by the client and attempt to re-sell the place. Cancellation charges as set out in these Terms and Conditions (Cancellation by Client) will apply.
The courses advertised by BtE on its website and elsewhere are illustrative only and while intended to provide an explanation of the type and scope of activities to be undertaken, the activities and/or the location of the course may be subject to change. BtE accepts no liability for, or the consequences, of any such changes.
All course fees are exempt from VAT.
If a client wishes to make a group booking a Main Contact must be provided in the booking form. BtE will only deal with the Main Contact in relation to the booking, including any changes or cancellation.
The Main Contact will be responsible for the payment of all deposits and course fees and it will be assumed by BtE that the Main Contact has authority to act on behalf of all group members. Each group member must complete and submit a booking form to BtE.
Cancellation by the Client
All cancellations must be in writing (sent by post or email) and acknowledged by BtE. Cancellation costs charged to the client are:
If a half day course:
- Where the course place is re-sold by BtE prior to the commencement date of the course – 50% of the course fee
Where the course place is unable to be re-sold by BTE prior to the commencement date of the course and the cancellation is:
- more than 6 weeks prior to the commencement date of the course – 50% of the course fee
- at 6 weeks or less prior to the commencement date of the course – 100% of the course fee
If a full day course:
- Where the course place is re-sold by BtE prior to the commencement date of the course – the lesser of the non-refundable deposit of £70 and 25% of the course fee
Where the course place is unable to be re-sold by BTE prior to the commencement date of the course and the cancellation is:
- more than 6 weeks prior to the commencement date of the course – the greater of the non-refundable deposit of £70 or 25% of the course fee
- at 6 weeks or less prior to the commencement date of the course – 50% of the course fee
- at 4 weeks or less prior to the commencement date of the course – 100% of the course fee.
Deposits are non refundable.
Any refunds due, after deduction of cancellation costs, will be made within 15 working days of BtE acknowledging the cancellation.
Cancellation by BtE
Whilst every attempt is made to ensure courses run as advertised, BtE reserves the right to cancel any course due to:
- Circumstances outside its control, including, but not limited to, war, civil unrest, strikes, accident, incapacitating illness, fire, flood, travel disruption
- Dangerous and / or unsuitable conditions for the course being present or forecast
- Minimum numbers for National Governing Body (NGB) training and / or assessment courses set by the licensing authority Mountain Training England (Award Courses) not being met
If BtE cancels an NGB / Award Course because minimum numbers are not met, BtE will notify clients not less than 10 calendar days prior to the commencement date of the course. If cancelled for any other reason, or a non-NGB / Award course is cancelled, BTE will notify clients as soon as reasonably practicable.
Where a course is cancelled by BtE a client will be offered:
- A full refund of the course fee/deposit they have paid, or
- Another course on a different date. Any difference in the cost of the cancelled course and the other course will (as appropriate) be credited by BtE or paid by the client in accordance with these Terms and Conditions.
Changing a Booking
At the discretion of BtE, a client may amend or change their booking. Any client who requires to amend a booking / self isolate due to Coronavirus should inform BtE immediately.
Whilst safety is paramount in all our activities, mountaineering and its allied activities contain an element of inherent risk. All clients of BtE are deemed to understand and accept as a condition of their booking the following British Mountaineering Council (BMC) participation statement:
‘The BMC recognises that climbing, hill walking and mountaineering are activities with a danger of personal injury or death. Participants in these activities should be aware of and accept these risks and be responsible for their own actions’.
BtE reserves the right to terminate part or all of a course or to exclude a client from all or part of a course if a client’s actions present a danger to themselves and / or others or is detrimental to others enjoyment of the course. If BtE exercises its right to terminate all or part of a course no refund of course fees will occur.
A client participating in a course who does not obey the safety guidance or instructions of BtE or its staff and / or undertakes independent activities during a course will be deemed to have removed themselves from the course and will not be covered by any duty of care or the professional insurance of BtE or any of its staff (for the avoidance of doubt, references to staff in these Terms and Conditions includes the instructors/course directors that BtE engages to deliver its courses). No refund of course fees will occur.
Health and Fitness
BtE must be made fully aware of any medical problem, condition, disability, injuries or medication of a client prior to booking. If any of these medical issues change, arise or are suffered, between booking and the commencement of the course BtE must be notified immediately.
Any individual who has current symptoms of Coronavirus or has been in recent contact with anyone suspected of having Coronavirus should follow Government guidelines and self isolate. They should not attend a course.
If a client develops symptoms of Coronavirus within 14 days of attending a course, the client agrees to inform Beyond the Edge as soon as reasonably possible of this.
BtE reserves the right to refuse or cancel a booking on medical grounds, if it is considered to be detrimental to the safety and smooth running of the course. If cancelled, the cancellation charges set out in these Terms and Conditions (Cancellation by the Client) will apply.
Clients should familiarise themselves with the different levels of exertion likely to be needed for the different courses offered by BtE and choose a course that is suitable for their level of health and fitness. If there is any doubt as to the level of fitness required for a particular course or activity, please contact BtE prior to booking. Clients should arrive for the course suitably fit and prepared for the activities.
The client is responsible at all times for their personal property and equipment and for ensuring it is suitable and safe for use on the course. BtE will not be responsible for any loss or damage to a client’s personal property or equipment used on a course.
If BtE issues a client with property or equipment for use on a course, the client will at all times be responsible for its safekeeping and proper use. BtE reserves the right to charge for any property and / or equipment lost, damaged or misused by a client on a course.
Transport is not included within the course fee. It is the client’s responsibility to get to the course location / venue at the time specified. It may be necessary for a client to utilise their own transport during a course: if they do, BtE accepts no responsibility for any loss or damage arising directly or indirectly from that use.
For all courses, clients are advised to take out travel and / or personal insurance that covers them for the course activities they will be undertaking. These insurance policies will usually include cover for cancellation, curtailment, loss or damage to personal property and equipment, personal accident and personal liability. It is a client’s responsibility to ensure they are adequately insured.
Limitation of Liability
Except to the extent expressly stated in these Terms and Conditions, BtE will not be liable where any failure or delay in the delivery of a course is due to:
- the client
- an event described in these Terms and Conditions (Cancellation by BtE)
- any other unusual and / or unforeseeable circumstances or event beyond BtE’s control or which BtE could not have foreseen
BtE will not be liable for any damage to or loss of a client’s personal property, equipment or vehicle.
BtE’s liability in tort (including negligence), breach of contract, breach of statutory duty or otherwise shall be limited to direct losses arising from its breach of a legal duty of care or a breach of these Terms and Conditions and shall not exceed the cost of the course booked. BtE accepts no liability for any direct loss of profits or any indirect loss.
Nothing in these Terms and Conditions shall limit or exclude BtE’s liability for any personal injury or loss of life sustained on a course caused by the negligence of BtE, its employees, agents or sub-contractors, or for fraud or fraudulent misrepresentation.
Photographs and video footage taken on a course may be used by BtE for publicity purposes on its website and in promotional material (including on social media). If a client does not consent to this they must inform BtE at the time of booking or the course director immediately prior to the start of the course.
BtE is registered with the Information Commissioner for data protection purposes and has appropriate procedures and security measures in place to protect client’s personal information.
When a client makes a booking, they are deemed to consent to their personal information (including medical information) being passed to BtE’s staff, suppliers, agents or sub-contractors (including course directors and BtE’s medical adviser), as necessary for the purpose of providing the course.
Please see BtE’s Privacy & Cookies Policy for further details on how it collects, uses and safeguards client’s personal information.
A client should report any problems or complaints, while on a course, to the course director immediately so that they can seek to remedy it. If not resolved to your satisfaction, please write to BtE, within 2 weeks of the course date, by email to email@example.com or by letter to a Director at BtE’s office. Please include your full name, the course name, course date and details of the problem or complaint.
BtE may at any time sub-contract or delegate any or all of its obligations to a client to a third party.
These Terms and Conditions may only be varied, waived or amended in writing by a Director of BtE.
If any of these Terms and Conditions is found to be unlawful, invalid or unenforceable, it shall be deemed modified to the extent necessary to make it valid, legal or enforceable. If such modification is not possible, the relevant provision or part of it will be treated as severed from the remainder of these Terms and Conditions which will remain legal, valid and enforceable.
No third party rights are granted.
Supplier / BtE
All bookings and agreements made in accordance with these Terms and Conditions are made with Beyond the Edge Limited, a company registered in England and Wales (under co. no. 10027166) and having its registered office at 13 Rossington Road, Sheffield S11 8SA.
Law & Jurisdiction
These Terms and Conditions and all bookings and agreements made with BtE will be subject to and governed by English law and the Courts of England and Wales shall have exclusive jurisdiction over any dispute.