Riverside Centre for Outdoor Learning,

Donnington Bridge

Oxford OX4 4AZ

T +44 (0) 1865 328454

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W

Booking Form

All bookings are subject to acceptance by the Council. You will be notified in writing if your booking is accepted and upon such acceptance the terms and conditions below shall apply to the confirmed booking in accordance with Clause 2.1. Your attention is drawn in particular to Clause 5 which deals with liability and Clause 7 which deals with cancellation.

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I request a booking of the course detailed above. I agree that in the event the booking is accepted, the terms and conditions below shall apply and I agree to comply with those terms.

Signed…………………………………………

Name…………………………………………Dated…………………………………………

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TERMS AND CONDITIONS

These terms will apply to any Contract between the Council and you for the supply of a course at the Riverside Centre for Outdoor Learning. Please read these terms carefully and make sure that you understand them, before requesting a booking. Please note that by requesting a booking you agree to be bound by these terms.

  1. Parties

1.1.These terms and conditions apply between Oxfordshire County Council (the “Council”) of County Hall, New Road Oxford OX1 1ND and the personstated above (the “you”).

1.2.The Council can be contacted, including in relation to complaints or any requests for information, at the address at 1.1, the address on the booking form or by email to .

  1. Bookings and Contract Formation

2.1.Your booking is not confirmed unless and until you receive confirmation in writing,which may be by email,of acceptance from the Council. The contract will only be formed when the Council sends you thisconfirmation.

2.2.For the avoidance of doubt, the Council is under no obligation to accept any booking.

2.3.Once confirmed, bookings may only be changed by agreement with the Council at the Council’s absolute discretion or cancelled in accordance with Clause7.

2.4.All confirmed bookings are non-transferable save that in exceptional circumstances the Council may consent to a transfer at its absolute discretion.

  1. Obligations on you

3.1.You shall provide a completed consent and/or health forms as supplied by the Council no later than the start time of the course or such other date as notified to you by the Council.

3.2.Youagree and shall comply with the following:

3.2.1.all decisions made by the coach in charge of an activity in respect of that activity are final;

3.2.2.you must wear personal protection equipment when asked to do so e.g. a buoyancy aid for water based activities and helmet for climbing;

3.2.3.suitable footwear must be worn at all times.

3.3.You acknowledge that certain activities may carry attendant risks, including a danger of personal injury or death and your attention is drawn to the statements of the British Canoe Union and British Mountaineering Council in this regard. You should be aware of and accept these risks and be responsible for yourown actions.

3.4.You shall be responsible for all insurance not provided by the Council pursuant to Clause 4.3, including but not limited to cover of your personal equipment.

  1. Obligations on the Council

4.1.Provided that you have supplied the Council with completed consent and/or health forms for all Participants in accordance with Clause 3.1, the Council will provide the coursespecified and detailed above at the time(s) and date(s) specified above in accordance with the provisions of this Clause 4. For the avoidance of doubt, in the event that the Council does not receive such completed forms, the Council shall not be required to provide the course but the fees shall remain payable in accordance with the terms of this Contract.

4.2.The Council will provide suitably qualified and experienced staff andsuitably maintained equipment.

4.3.The Council will maintain such public liability insurance as it considers reasonable. For the avoidance of doubt:

(a)the Council will not maintain insurance to cover your personal equipment or belongings;

(b)the Council’s insurance will not cover your liability or negligence;

(c)personal accident cover is not operative and you may wish to take out this cover for yourself.

4.4.The Council shall be entitled to sub-contract its obligations under this Contract at its absolute discretion.

  1. The Council’s liability

5.1.The Council accepts no liability in relation to loss, damage or injury suffered by you including to your personal belongings or to a third party,except where such loss, damage or injury arose as a direct result of the negligence of the Council, its servants or agents. The Council strongly advises that no items of value be brought along to courses.

  1. Payment

6.1.The Council will issue an invoice in respect of the course fee. The full course fee set out above is due to the Council four weeks prior to thecourse.

6.2.In the event that payment is not made in accordance with Clause 6.1, the Council may at its absolute discretion cancel the booking by notice to you and the Council shall have no liability to you in respect of the cancellation and any losses arising therefrom.

  1. Cancellation

Cancellation by you

7.1.In the event that you wish to cancel your booking, you must notify the Council in writing to Riverside Outdoor Learning Centre, Donnington Bridge Oxford OX4 4AZor by email and the following provisions of this Clause 7.1 shall apply:

7.1.1.if you cancel your bookingup to eight weeksbefore the start of the course, no payment will be due from you.

7.1.2.ifyou cancel your booking less than eight weeks but more than two weeks before the start of the course,you must pay 80% of thecourse fee or, if payment has already been made, 80% of the course fee will be retained.

7.1.3.If you cancel your booking two weeks or lessbefore the start of the course, no refund will be made and in the event payment has not been made in accordance with Clause 6.1you shall pay the full amount which was due.

7.2.In the event that the cancelledcourseis taken up and paid for by someone else, the Council shall refund all amounts paid by you less a £15.00 administration fee. The Council shall be under no obligation to find another organisation to take the course after cancellation by you.

Cancellation by the Council

7.3.The Council reserves the right to cancel a booking at any time by written notice to you (including by email to the address stated above)due to:

7.3.1.numbers failing to reach a workable minimum;

7.3.2.staff illness;

7.3.3.breakdown of equipment;

7.3.4.bad weather;

7.3.5.or

7.3.6.any event, circumstance or cause beyond its reasonable control

In the event of this you will be offered the either a full refund of fees or, if possible,the same course on a different date and the Council shall have no further liability to you in respect of the cancellation and any losses arising therefrom.

  1. Your Data

8.1.The personal information you supply will be used to process this booking, for the delivery of the course(including dealing with any accident or health and safety issue) and for monitoring the use of courses by different groups.

  1. General

9.1.This Contract is between you and the Council. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

9.2.Each of the paragraphs of this Contract operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

9.3.The failure of the Council to exercise any right or remedy shall not constitute a waiver of that right or remedy. If the Council does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.

9.4.These terms are governed by English law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. The parties both agree to the exclusive jurisdiction of the courts of England and Wales.