TERMS & CONDITIONS
We are She Discovers Ltd, a company registered in England and Wales, number 13252784.
Our registered address is: 19 Main Street, Ponteland, Newcastle Upon Tyne, NE20 9NH
These terms and conditions are your contract with us for provision of any Adventure Activity Services you book with us.
In this document, "you" and "your" include the lead-named person on the confirmation email (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
|"Adventure Activity"||means any adventure, event or activity constituted in the services we offer.|
|"Adventure Activity Services"||means our service in providing an Adventure Activity.|
|"Regulations"||means The Package Travel and Linked Travel Arrangement Regulations 2018.|
2. The contract between us
- She Discovers Ltd Adventure Activity Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
- The contract between us comes into existence when we send our confirmation email to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Adventure Activity we describe on our website.
- If we are unable to accept your booking, we will of course return your payment to you immediately.
- When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Regulations.
- For you to make a booking, we require your payment and a completed booking form, as provided on our website. Our confirmation will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that happens, we will return your money to you immediately and in any event within 14 days.
3. Your authority to book for others
- If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
- It is your responsibility to ensure that all of the details on your booking forms are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.
- As lead member of your party, we will deal only with you in our correspondence.
4. Adventure Activity prices
- When you make your booking, we shall ask you to make the payment of the total cost.
- We shall not change the price of your booking once we have accepted your booking.
- We will not refund or compensate you for any losses you incur as a result of transferring your booking or in case of your booking being cancelled or changed by us including, but not limited to: accommodation, travel expenses or food. We recommend that you take out suitable insurance cover for this purpose.
5. Special requests
Any special requests relating to your Adventure Activity must be sent to us in writing at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you.
6. Minimum participants required for the Adventure Activity
- As stated on our website, a minimum number of participants are required in order for some Adventure Activities to go ahead. Therefore, we have a right to cancel any Adventure Activity for which there are insufficient reservations.
- In the event of any such cancellation, all payments made specifically to She Discovers Ltd will be refunded in full.
- We reserve the right to cancel any Adventure Activity, for which there are not enough bookings, not less than two weeks prior to the Adventure Activity date. In the event of our cancellation, your payment will be refunded in full, or, if you prefer, transferred to an alternative She Discovers Ltd Adventure Activity.
- You agree that all these provisions are reasonable.
7. Changing your booking
We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by sending an email to: firstname.lastname@example.org
8. Transferring your booking
If you would like to transfer your booking from one person to another, the following terms apply:
- The transferee must satisfy any special conditions or qualifications applicable to the Adventure Activity.
- You must inform us about your intention to transfer your booking to the transferee at least 72 hours before the Adventure Activity date by sending an email to: email@example.com
- You and the transferee will accept that you and they will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
9. Gift cards
- Gift cards will be sent free of charge via email to the email address provided at the time of booking. Please contact us if you require the gift card to be posted to you instead. There are additional costs associated with the provision of a postal gift card. Please allow up to 7 days for delivery of a postal gift card.
- Gift cards are valid for a period of 24 months from the date of purchase. They cannot be redeemed after the expiry date.
- Only one gift card can be used per Adventure Activity booking.
- Promotional codes cannot be used in conjunction with gift cards.
- If the Adventure Activity cost exceeds the amount of the gift card, the balance must be paid in full by credit or debit card at the time of booking.
- Gift cards are non-transferable and cannot be exchanged for cash.
- Lost, stolen or destroyed gift cards will not be exchanged or refunded.
- If an Adventure Activity is cancelled by us, a new gift card valid for a further 24 months will be issued. If the Adventure Activity is cancelled by the gift card holder, no refund will be given.
10. Cancellation by you
- If you or a member of your party needs to cancel your booking, you must tell us by sending an email to: firstname.lastname@example.org. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:
- Within 14 days from the date on the booking confirmation email: Full refund;
- Between 15 days from the date on the booking confirmation email and 1 day before the Adventure Activity: 75% of total cost;
- Non-attendance: No refund,
- If you or a member of your party cancels your booking due to an uncontrollable event affecting the Adventure Activity then we shall not charge any cancellation fee as set out in last previous paragraph. Other terms set out in this paragraph shall apply as is.
- In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some another She Discovers Ltd Adventure Activity of your choosing. But whether we do so is in our discretion, for which we do not have to give a reason.
- In any of the above circumstances, we will return any money due to you within 14 days.
11. If we cancel your Adventure Activity or make changes prior to it starting
Because we arrange Adventure Activities far in advance, we occasionally have to cancel an Adventure Activity or make changes to our plans prior to it starting. We only do this in circumstances where we have no choice but to do so. If that happens, the following terms apply:
- We will always inform you as soon as reasonably possible about a cancellation or major change to your Adventure Activity. Examples of major changes include a change to the date or the location of the Adventure Activity. If this happens you may:
- accept the change; or
- transfer your booking to an alternative Adventure Activity of a comparable standard advertised on our website; or
- receive a credit note for the full amount paid, valid for a period of 24 months from the date of issue, which can be used against any Adventure Activity advertised on our website; or
- accept a full refund.
- In the event of inclement weather being forecast or occurring unexpectedly, we will always endeavour to run our Adventure Activity, although we may change the itinerary to suit the weather and ground conditions.
- In the event that we are forced to cancel an Adventure Activity due to extreme weather, such as gale force winds or flooding, you may:
- transfer your booking to an alternative Adventure Activity of a comparable standard advertised on our website; or
- receive a credit note for the full amount paid, valid for a period of 24 months from the date of issue, which can be used against any Adventure Activity advertised on our website.
- Minor changes to an Adventure Activity will not constitute a reason for cancellation. Examples of minor changes include a change to the start time, the duration or the Adventure Activity itinerary.
12. If we make changes to your Adventure Activity once it has started
Sometimes circumstances arise which will require us to change your Adventure Activity once it has started, for example: adverse weather conditions, group pace or ability, accidents or injuries. If that happens, the following terms apply:
13.1 Any changes to the Adventure Activity that occur after it has started are deemed to be part of the Adventure Activity.
13.2 In extreme circumstances the Adventure Activity may be shortened.
13.3 The decision to change or shorten the Adventure Activity lies solely with our staff or representatives.
13. If you have a complaint
If you have a problem during your Adventure Activity, it is most important that you immediately inform our staff or representatives, as well as the relevant provider, where appropriate. If you complain only after the Adventure Activity has finished, we shall not be able to investigate the problem - for your benefit and ours. If that happens, you may lose your right to compensation.
If you feel our staff or representatives have not resolved your problem, please send an email to email@example.com within 14 days of the Adventure Activity you attended, giving us full details of your Adventure Activity and concise details of the complaint and any subsequent history.
14. Limitations on our liability
- We want you to enjoy a perfect Adventure Activity with She Discovers Ltd. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.
- If we fail to provide the Adventure Activity set out on our website and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:
- your own carelessness or negligence in any aspect of your behaviour whilst attending the Adventure Activity;
- medical emergencies;
- changes we reasonably make to your Adventure Activity or any other aspect of the management of your booking;
- some third party unconnected with the provision of Adventure Activity arrangements where we could not reasonably have foreseen or avoided those circumstances;
- any other unusual and unforeseeable circumstances beyond our control;
- a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;
- The services and features included in your booking are those specified on our website. If you choose to buy other goods or services during your Adventure Activity, those are not part of our service, even if our staff or representatives help you to buy or arrange them. Accordingly, we are not liable to you for any happening in connection with that service or goods.
- You agree and undertake that She Discovers Ltd does not assume any liability from the use of our website or from the use of any information that has been provided to you. Each Adventure Activity has its own potential hazards, which need to be evaluated for each person based on that person’s circumstances. By using the information provided by us you agree to hold us harmless from any liability resulting from the use of this information. We make no express or implied representations or warranties of any kind, as to the operation of the website, or regarding results you may obtain from using any of the content, information, materials, products or services offered by She Discovers Ltd.
- You agree to use any information and She Discovers Ltd services at your own sole risk. Under no circumstances we shall be liable or responsible for any direct, indirect, incidental or consequential damages that result from the use of information on She Discovers Ltd website or any web page controlled by us.
- We will not accept liability for any personal loss or damage to property sustained by you. This includes property left in vehicles belonging to our staff or representatives during an Adventure Activity.
- We strongly recommend that you purchase appropriate insurance for your chosen Adventure Activity. This should cover cancellation and curtailment, medical and emergency expenses (including repatriation), personal accident, injury and death.
15. Help we need from you
Your booking confirmation email will provide details about your chosen Adventure Activity, but the following are contractual matters:
- When you complete our booking form, you must notify us of your medical conditions, disabilities, recent illnesses or other health-related requirements. This includes, but is not limited to: allergies and recurrent medical conditions, such as asthma or epilepsy.
- You must notify us of any changes to your health or emergency contact details that occur between the date you made your booking and the date of the Adventure Activity. She Discovers Ltd cannot be held responsible for any implications arising from non-disclosure.
- If you have a medical condition that may make it unsafe for you to take part in your chosen Adventure Activity, we will ask you to seek advice from your GP or specialist healthcare professional.
- It is your responsibility to ensure your level of fitness is appropriate for the Adventure Activity you are attending. Each Adventure Activity description includes information about the terrain involved and an estimated duration to help you assess if it is suitable for you.
- It is your responsibility to bring appropriate clothing and equipment to your chosen Adventure Activity. Kit lists are available on our website and should be consulted at the time of booking.
- It is your responsibility to ensure you are not under the influence of drugs or alcohol at the time of your chosen Adventure Activity.
- If at any time, it is our opinion (given by any of our staff or representatives) that you are inadequately prepared, unable to complete the Adventure Activity, or acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other participant, we may exclude you from the remainder of the Adventure Activity. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other clients.
- All bookings are made on the understanding that you will observe the instructions provided by our staff or representatives during the Adventure Activity. If you ignore these instructions, you do so at your own risk. The word of our staff or representatives is final.
- It is your responsibility to ensure that you arrive at the designated meeting point and are ready to participate in the Adventure Activity at the agreed start time.
- If you decide to leave part way through an Adventure Activity, then our duty of care to you ends at that point.
- Registered assistance dogs are welcome to attend an Adventure Activity, subject to a risk assessment being completed.
- Anyone under the age of 18 may attend a bespoke Adventure Activity if accompanied by a parent or legal guardian at all times. The parent or legal guardian is responsible for their child and we will not act ‘in loco parentis’ at any time.
16. Terms and conditions of third party providers
Some of the services we provide, including options which may occur from time to time during your Adventure Activity, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.
Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our staff or representatives warn you of a possible problem and you choose not to take that advice, then we are not liable for any problem which may arise.
17. Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
- The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, maybe enforced under that Act.
- Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and the parties agree that any dispute arising from it shall be litigated only in that country.