Terms and Conditions
1. DEFINITIONS
1.1. – "Workshop" means the service provided by DAVID CLAPP to the Client as purchased by the Client and as advertised on www.davidclapp.co.uk in accordance with subsections 1.3 and 1.4.
1.2. – "Client" means any customer, whether they be a person or a business placing an order with DAVID CLAPP, or on behalf of whom an order has been placed.
1.3. – "Booking" means the completed process through which:
- the Client duly fills in a registration form/booking form whether online or paper;
- sends required deposit payment to DAVID CLAPP [in the manner set out on www.davidclapp.co.uk;
- receives confirmation that their request is taken into consideration;
- receives further confirmation via email to the address as given in the registration form/booking form that their booking is complete on the dates, times and places stated in the said confirmation.
1.4. – "Order" means the act of filling in the online or paper registration form/ booking form and sending it to DAVID CLAPP along with the required payment.
1.5 - "Force majeure" means any unusual and/or unforeseeable circumstances beyond DAVID CLAPP’s control such as war or the threat of war, riots, terrorist activity, civil strife, industrial disputes, natural or nuclear disaster, fire, flood or adverse weather.
1.6 -"Workshop Description" means the detailed description of the relevant Workshop as set out on www.davidclapp.co.uk or in any other marketing materials produced by DAVID CLAPP.
2. APPLICATION OF THE TERMS AND CONDITIONS
2.1 - These terms and conditions shall apply to all sales of any Workshop by DAVID CLAPP to the Cient with the exclusion of any other terms and conditions except those agreed in accordance with subsection 2.3. There are no promises, obligations, oral or written, expressed or implied, other than those contained herein.
2.2 - By submitting their booking form, the Client shall be bound by these terms and conditions.
2.3 - Any variation to these terms and conditions (including any special terms and conditions agreed between the
parties) shall be inapplicable unless confirmed in writing by DAVID CLAPP.
3. BOOKINGS AND PAYMENTS
3.1. – All submissions made by the Client during the Bookings process for Workshops shall be deemed to be an offer by the Client to purchase services in accordance with these terms and conditions.
3.2. – A non-refundable deposit of the amount stated in the Workshop Description is required at the time of booking as set out on 1.4 above and must be sent to DAVID CLAPP with the duly completed booking form.
3.3. – Receipt of a deposit does not imply acceptance of the booking.
3.4. A confirmation of DAVID CLAPP’s acceptance of the Client’s booking will be sent by email as set out in 1.4 above and it is at this time only that a contract comes into existence between DAVID CLAPP and the Client.
3.5. – The balance of the cost of the workshop will be due on the date fall 14 days before the arrival date for the relevant Workshop as set out in the confirmation email sent in accordance with 1.4 above . If the balancing payment is not received in full by DAVID CLAPP on or before the date falling 14 days before the arrival date for the relevant Workshop,DAVID CLAPP reserves the right to treat the Booking as cancelled and retain the deposit.
If a booking is made less than 14 days before the arrival date for the relevant Workshop, the Client shall pay the full amount for the Workshop at the time of the Booking.
4. CANCELLATION AND AMENDMENTS
4.1. – Any cancellation by the Client must be made by email. The date on which the email is received by DAVID CLAPP will determine the cancellation charges that are applicable. These charges are expressed as a percentage of the total workshop price and are as follows:
- More than 100 days before the arrival date for the Workshop: = Loss of deposit;
- 100-75 days before the arrival date for the Workshop = 50%;
- 75-50 days before the arrival date for the Workshop = 75%;
- 50 days or fewer before the arrival date for the Workshop = 100%.
4.2. – DAVID CLAPP reserves the right to cancel any Workshop. Should an alteration or cancellation become necessary, except in the case of force majeure, the CLIENT will have the choice of accepting alternative dates for the Workshop as provided by DAVID CLAPP, taking an alternative Workshop (of identical or lesser value, the difference in price being refunded in the latter case), or withdrawing from the contract and accepting a refund of all monies paid to DAVID CLAPP.
4.3. - DAVID CLAPP reserves the right to alter any of the prices, services or other particulars of a Workshop before entering into a contract with the client. The Client shall receive appropriate notification of any such alteration before entering into the contract.
4.4. – In the event of force majeure, occurring whether before the arrival date for the Workshop or during the Workshop, no refund shall be payable to the Client.
4.5. – Any requirement of a minimum number of participants to a Workshop shall be specified in the Workshop Description, whether online or in any brochure or marketing material produced by DAVID CLAPP. Such specification being met is a requirement for any Workshop going ahead. Shall the minimum number of participants not be met, DAVID CLAPP reserves the right to alter or cancel the Workshop, such alteration or cancellation shall be dealt with in the manner set out in Section 4.2 above.
5. LIABILITY
DAVID CLAPP aims to provide a safe, educational, and enjoyable experience in all of his workshops.
5.1. – DAVID CLAPP assumes no liability for any act, error, omission, injury, loss, delay, mishap, or damage to persons or property arising from any cause during the course of a workshop or in transit thereto, except when this arises from his own negligence.
5.2. - By booking with DAVID CLAPP, the Client acknowledges that there is always an element of risk in any outdoor workshop. Participants must be physically fit and capable of participating in the relevant Workshop, and are fully and completely aware of any associated risks created by field locations and weather.
5.3. – By booking with DAVID CLAPP, the Client acknowledges that they have read these terms and conditions and understand their responsibilities and obligations as well as the relevant Workshops specifications (including that they will need to be physically fit in order to take part in the relevant Workshop[4] ) and release DAVID CLAPP from any liability.
6. TRAVEL
6.1. - The Client shall ensure that they arrive on time at the specified airport/port for the relevant Workshop on the arrival date. DAVID CLAPP cannot be held liable for lack of punctuality, delayed or cancelled flights for any reason, or any problem in transit. The relevant Workshop will commence upon Client’s departure from the specified port/airport on the Workshop’s arrival date with DAVID CLAPP.
6.2. - DAVID CLAPP does not accept liability for any loss or additional expense caused by delay or interruption to travel services which impact upon the Client’s ability to arrive for the Workshop on the specified arrival date for any reason other than his own gross negligence. [6] Such losses or additional expenses shall be the responsibility of the Client.
6.3. - The Client’s transfers to and from airports and hotels are only included in the price of the Workshop when such details are provided by DAVID CLAPP to the Client in writing.
6.4. - It is the Client’s responsibility to ensure they are in possession of a current valid passport and have the correct visa (if applicable) for entry into the countries specified in the workshop description.
7. INSURANCE
7.1. - Travel, personal and equipment insurance is not provided by DAVID CLAPP and must be arranged by the Client. It is the responsibility of the Client to ensure that they have the appropriate type of insurance and an appropriate level of cover for their participation in the Workshop.
7.2 - If the Workshop takes place in, or involves travel through, any other EU countries, it is strongly advised that the Client obtain a European Health Insurance Card.
7.3. - If the Workshop takes place in, or involves traveling through, any non-EU countries, e.g. Norway, the Client must ensure that their insurance covers such countries.
7.4. - Any items of equipment (photographic or otherwise) loaned by DAVID CLAPP (or any co-leader of the Workshop) to the Client during the course of the Workshop, will be the personal responsibility of the Client. Any loss or damage must be paid for by the Client.
8. DISPUTE SETTLEMENT AND MEDIATION
8.1. - Any perceived failure in the performance of this contract by DAVID CLAPP must be communicated to DAVID CLAPP (or any co- leader) immediately to give the Client and DAVID CLAPP the opportunity to achieve a satisfactory solution. Should this not be possible, any concerns should be made known in writing within 28 days of completion of the Workshop.
8.2. - These terms and conditions and any contract formed between DAVID CLAPP and the Client in relation to a Workshop is governed by, and shall be construed in accordance with, English Law and all proceedings shall be within the exclusive domain of the English legal system, except where Sections 8.3 and 8.4 is applicable.
8.3. - Before submitting their dispute to a Court of Law, the Parties may agree to appoint a mediator, as indicated hereafter, to help them find a solution to their dispute.
8.4. - The party wishing first to resort to mediation shall give notice to the other party by registered mail, return receipt requested, stating the issue of the dispute and its intention to have the matter mediated. The parties shall agree on the name of a mediator within one month; if within one month of receipt of such notice, the parties fail to agree on the name of a mediator, either party may apply to the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a mediator.
Within one month of its designation, the mediator will have to render an advice which will not be binding upon the parties. This advice shall not be used in further procedures and the documents produced before the mediator together with the advice of the mediator are strictly confidential. The mediator shall not testify or be examined in any way in further procedures.
The fees of the mediation will be shared equally between the parties.
9. BINDING AGREEMENT
By completing and sending the booking form the Client is accepting all of the above terms and conditions both for themselves and as authorised agent for any other individuals named thereon, such that all are deemed to be fully aware of, and bound by, the same terms and conditions.[9]