1. Definitions
1.1 When the following words in bold are used in these Terms, this is what they will mean:
Booking: means the confirmation that your Group or the person(s) named in the Booking Form would like to attend an Event, such confirmation will be deemed made by you completing and returning a Booking Form to us;
Booking Form: the form provided by us to you, containing certain fields to be completed about you/your daughter1/your Group and you/your daughter’s/your Group’s attendance at an Event;
Deposit: means a percentage of the Price, being such percentage as set out in the Booking Form, or as we shall in our discretion determine for a particular Event;
Event: means either an activity or event as set out in the relevant Booking Form;
Event Date: means the first day of the relevant Event;
Event Outside Our Control: means as defined in clause 6.2;
Group: means the relevant Girlguiding Unit, District or Division as set out in the Booking Form;
Price: means the price of the Event as set out on the Booking Form;
Terms: the terms and conditions set out in this document; and
We/our/us: Girlguiding Hampshire East. Our Point of Contact for the Event as stated in the Booking Form.
You: the person making the booking; this may be the individual attending the Event (when 18 years old or above), the parent of a girl (under 18 years) attending the Event as an individual, or the leader of the Group attending the event.
When we use the words writing or written in these Terms, this will include email unless we say otherwise.
Your attention is drawn particularly to the provisions relating to participants’ non-attendance at clause 8.
2. Our contract with you
2.1 Please ensure that you read these Terms carefully, and check that the details on the Booking Form are complete and accurate, before you make a Booking. If you think that there is a mistake, please contact us to discuss this.
2.2 Subject to clause 2.3, when you return a Booking Form to us, and we confirm safe receipt and availability (in writing) these Terms will become binding and at this point a contract will come into existence between you and us (the Contract). For the avoidance of doubt no contract will be formed between you and us and your place at an Event will not be secured until we confirm safe receipt and availability.
2.3 If we are no longer able to fulfil your Booking for a particular Event, we will inform you of this as soon as practicable (see clause 9).
2.4 By signing and returning a Booking Form you confirm that you are 18 years old or above.
3. Our services
3.1 We will use reasonable endeavours to facilitate your/your daughter’s/your Group’s attendance at the relevant Event. However, please see clause 6 for our responsibilities when an Event Outside Our Control occurs.
3.2 We require certain information from you that is necessary for us to process the Booking. We will contact you about this. If you do not provide this information or you do not provide the information by the stated deadline or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra cost that is incurred by us, or we may suspend your/your daughter’s/your Group’s attendance at the Event by giving you written notice. We will not be liable for any delay or non-performance where you have not provided information to us after we have asked you for it.
3.3 We may have to suspend the Event if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. See clause 6 for our responsibilities when an Event Outside Our Control occurs.
4. If there is a problem with the Event
4.1 As a consumer, you have legal rights in relation to an Event not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. Price and Payment
5.1 The Price and any Deposit are set out in the relevant Booking Form.
5.2 We will require you to make an advance payment of the Deposit at the time of Booking. This Deposit may be 100% of the full Price at our discretion.
5.3 The Deposit is not refundable as a result of any cancellation under clauses 7 or 9.3
5.4 Where the Deposit is less than 100% of the Price, the balance will be paid as one or more stage payments with the amounts and deadlines for payment as defined in the Booking Form, or as advised by us separately in writing.
5.5 Notwithstanding the provisions of clause 5.4, you may choose to make a payment of 100% of the Price at the time of Booking.
6. Events Outside Our Control
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
6.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, technical problems, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, adverse weather, or failure of public or private telecommunications networks.
6.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
a. we will contact you as soon as reasonably possible to notify you; and
b. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
6.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish to attend the Event. Please see your cancellation rights under clause 7.
7. Your rights to cancel and applicable refund
7.1 You may cancel any Booking at any time before the Event Date by contacting us in writing. We will confirm your cancellation in writing to you (the date of such communication shall be the Cancellation Date).
7.2 If you cancel a Booking under clause 7.1 and we have already incurred costs on your behalf by that time, we reserve the right to require you to pay us any costs we have reasonably incurred in relation to your/your daughter’s/your Group’s attendance at the Event, and this charge will be deducted from any refund that is due to you or, if no refund is due to you or costs incurred exceed the amount you have already paid us, we will invoice this amount to you.
7.3 When you have cancelled an Event under clause 7.1 we will use reasonable endeavours to find another participant to take your place and refund an amount to you in accordance with clauses 7.4, and 7.5. However you acknowledge that this clause confers no obligation on us to fill your place.
7.4 For the avoidance of doubt, any Deposit paid is not refundable and does not form part of the calculation of any refund rates referred to in clauses 7.5.
7.5 Subject to clause 7.4, the following default refund rates will apply to a Booking cancellation made by you. These default refund rates will be superseded by any alternative policy notified in writing at the time of booking. The refund rates are calculated as a percentage by reference to the amount of the Price paid by you at the Cancellation Date:
- Where the Cancellation Date is 26 weeks or more prior to the Event Date, you will qualify for a 100% refund;
- Where the Cancellation Date is less than 26 weeks but is 18 weeks or more prior to the Event Date, you will qualify for a 75% refund;
- Where the Cancellation Date is less than 18 weeks but is 12 weeks or more prior to the Event Date, you will qualify for a 50% refund;
- Where the Cancellation Date is less than 12 weeks prior to the Event Date, you will not be entitled to refund; or
- Where you simply do not attend the Event without prior notice of cancellation being given, you will not be entitled to a refund.
8. No charge events and non attendance
8.1 If you/your daughter/your Group simply do not attend an Event or provide us with notice to cancel less than 7 working days before the Event Date:
- When we have already incurred costs on your behalf by that time, we reserve the right to require you to pay us any costs we reasonably incurred in relation to your/ your daughter’s/your Group’s attendance at the Event. We will invoice this amount to you; and/or
- We may require 100% payment from you in advance at the time of Booking for any future Events.
8.2 For the avoidance of doubt, the provisions of clause 8.1(a) will apply even if the Price is nil.
9. Our rights to cancel and applicable refund
9.1 We may have to cancel a Booking before the Event Date due to an Event Outside Our Control or the unavailability of key personnel or key materials or such other reason which means we cannot run the Event or we cannot allow you to attend the Event. We will promptly contact you if this happens.
9.2 If we have to cancel a Booking under clause 9.1 and you have made any payments to us in advance for the Event, we will refund these amounts to you.
9.3 We may cancel the Booking at any time with immediate effect by giving you written notice if:
- You do not pay us as set out in clause 5 or you breach these Terms in any other material way and you do not correct or fix the situation within seven days of us asking you to in writing; and
- If we have to cancel a Booking under clause 9.3(a) and you have made any payment in advance for the Event, you will not be entitled to a refund to the extent that we are entitled to recover any losses we have suffered as a result of your breach.
10. Limitation of liability
10.1 Nothing in these Terms shall limit our liability for:
- Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- Fraud or fraudulent misrepresentation; or
- Any other act or omission, liability for which cannot be limited under applicable law.
10.2 Subject to clause 10.1:
- We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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 this contract; and
- Our total liability to you in respect of losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.
10.3 All information conveyed prior to and/or during an Event provided by us is designed to fulfil the requirements of that Event. No warranty as to effectiveness of information supplied is given; it is your responsibility to assess the efficacy of information or skills provided in relation to specific tasks being undertaken. We provide no warranty in respect of the material and to the maximum extent permitted by law, exclude all liability for any loss (including consequential loss) arising from any error or omission in the material.
11. Information about us and how to contact us
11.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), please use the contact details found on the Booking Form. We will confirm receipt by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address you provide to us in the Booking Form.
12. How we may use your personal information
12.1 We only use personal information you provide to us in accordance with our Privacy Notice. Please take time to read our Privacy Notice as it includes important terms which apply to you. A copy of our Privacy Notice can be found at www.girlguidingsouthwest.org.uk/privacy-notice.
13. Severance
13.1 If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
14. Other important terms
14.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 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.
14.4 If we fail to insist that you perform any of your obligations under these Terms, 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 later default by you.
