DUN FELL CHRISTIAN TRUST
(Registered Charity – No 510095)
STANDARD TERMS AND CONDITIONS OF RESERVATION
(for bookings on or after 01/01 2018)
In these Terms and Conditions “the Trust” means the Trustees for the time being of the DUN FELL CHRISTIAN TRUST and their employees, officers and agents, “the Centre” means the Knock Christian Centre at Knock near Appleby, Cumbria CA16 6DL including all its buildings and grounds “the equipment” means the plant and equipment, fixtures and fittings furniture effects utensils and other items provided by the Trust including the sports equipment as hereinafter defined, “the sports equipment” means the Log World playground, the climbing wall, and all accessories in respect thereof provided by the Trust, “the Hirer” means the persons organisation or company by whom and/or on whose behalf any reservation of the Centre is signed or made, and “the Contract” refers to the agreement between the Hirer and the Trust. Where the context requires the singular shall include the plural the masculine the feminine and vice versa.
- TERMS AND CONDITIONS
All reservations of the Centre are made on the following terms and conditions and no variation of these terms and conditions shall have effect unless expressly accepted in writing by and on behalf of the Trust. The Trust’s conditions exclude any other terms and conditions which the Hirer may seek to impose whether or not the Hirer’s conditions are contained in any order, offer, acceptance or counter-offer made by the Hirer.
These terms and conditions supersede all prior representations, arrangements, understandings, agreements and conditions of booking made between the Trust and the Hirer relating to the Centre and set forth the entire complete and exclusive agreement and understanding between the parties hereto relating to the subject matter hereof.
No party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these terms and conditions.
A Contract is made upon acceptance of the reservation by the Trust. The person signing the reservation signs on his own behalf and on behalf of all other applicants (i.e. person organisation or company named in the reservation) as if they were contracting parties. The person signing must be aged 18 years or over. Failure to disclose all material facts as required may lead to termination of the Contract.
- AIMS AND OBJECTIVES OF THE TRUST
The Hirer will respect the doctrinal basis and uphold the aims and objectives of the Trust set out in the Appendix to these terms and Conditions.
- DESCRIPTION OF THE ACCOMMODATION AND THE EQUIPMENT
All descriptions, specifications, and information submitted by the Trust or otherwise contained in the Trust’s website or other published matter are approximate only and none of these shall form part of any contract or give rise to any independent or collateral liability upon the Trust being intended merely to present a general picture of the Centre and the equipment.
The price payable for the accommodation reserved shall be the price as per the published tariff for the year of hire ruling at the date when the Trust has accepted the Hirer’s reservation.
The appropriate deposit must accompany the reservation, as per the published tariff for the year of hire. Deposits are non-refundable
- AMENDMENTS TO BOOKINGS
Changes or amendments to reservations may be accepted by the Trust at its sole discretion and subject to availability.
Other than any cancellation rights given by consumer or other legislation (if applicable), there is no right to cancel the Contract and the Hirer will remain liable for the full price for the hire of the Centre
If the Hirer no longer requires a booking, he should inform the Trust as soon as possible. If an equivalent alternative hirer can be found to hire the Centre for the period of the booking, the Trust may, at its sole discretion, accept a cancellation and offer a return of the deposit.
- ARRIVAL & DEPARTURE
The Hirer is required to adhere to the arrival and departure times set out in the published tariff referred to above.
Only the Hirer and the members of the Hirer’s party referred to in the reservation may occupy accommodation at the Centre or use its facilities. If any other persons are found in occupancy the unauthorised persons will be required to leave the Centre immediately. If they remain after this time they will be trespassing. The Hirer must take all reasonable steps to ensure that no-one other than members of the Hirer’s party, or persons authorised by the Trust are present on site at any time during the Hirer’s stay.
The Trust reserves the right to decline a reservation or cancel a Contract if in the opinion of the Trust acceptance of the proposed reservation or the continuance of the Contract will prejudice the reputation of the Trust or the service it offers or the safety of the Centre.
The Hirer will not do anything which in the opinion of the Trust constitutes a nuisance or prejudices the reputation of the Trust or the service it offers or the safety of the Centre or disturbs those living in the vicinity of the Centre. If the Hirer fails to comply with this condition then either (i) individual members of the Hirer’s party who in the opinion of the Trust are responsible for such behaviour may be required to leave forthwith and/or (ii) the Hirer’s booking may be terminated forthwith in which case all members of the Hirer’s party will be required to leave the Centre immediately after which, if they remain, they will be trespassing.
- SMOKING, ALCOHOL, DRUGS AND DOMESTIC PETS
Smoking (including electronic cigarettes or vapourisers), the possession or use of illegal drugs and the possession and/or consumption of alcohol are prohibited throughout the Centre. Domestic pets are prohibited throughout the Centre
- LOSS, DAMAGE, BREAKAGES, INJURY, ETC.
The Hirer undertakes not to damage or injure the Centre or to make any alteration in or additions to it, to preserve the equipment from being damaged or destroyed and at the end of the booking to yield up the Centre and the equipment in the same state and condition as it was in at the beginning of the booking and to make good and pay for the repair or replacement of any equipment, broken, lost, damaged or destroyed during the booking, reasonable wear and damage by fire only excepted, and to leave the equipment at the end of the booking in the rooms or places in which they were at the beginning of the booking.
The Hirer agrees to clean the Centre and the equipment to the reasonable satisfaction of the Trust prior to departure.
The Hirer shall indemnify and keep the Trust indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature made by third parties arising directly or indirectly out of any act or omission of the Hirer in connection with the use of the Centre and/or the equipment by the Hirer or in connection with the performance of any services rendered.
No representation or warranty is given by the Trust as to the suitability or fitness of the Centre or of the equipment for any or any particular purpose and the Hirer shall satisfy himself as to such suitability or fitness for his requirements and shall be totally responsible therefore.
The Hirer agrees that apart from the terms set out herein no other terms conditions or warranties express or implied statutory or otherwise shall form part of the Contract save to the extent that the same cannot, as a matter of law, be excluded by agreement between the parties.
The Trust shall not be liable for any consequential or indirect loss or damage suffered by the Hirer howsoever arising whether or not caused by the Trust’s negligence.
Without prejudice to the foregoing provisions of this clause or to the Trust’s other rights hereunder, the Trust’s total liability for any one claim or for the total of any claims arising from any one act or default of the Trust (whether arising from the Trust’s negligence or otherwise) shall not in any event exceed the total cost of the booking per person (less travel and insurance) save to the extent that such losses cannot, as a matter of law, be limited by agreement between the parties.
- COMPLAINTS PROCEDURE
Any complaints should be taken up with the Trust before departure through the Centre warden. If the warden is unable to resolve the problem a written complaint should be sent to the Trust within 14 days of departure.
In the interests of other users of accommodation at the Centre any Hirer or any member of the Hirer’s party diagnosed as having an infectious or contagious disease will be required to vacate the Centre forthwith.
- LEADERSHIP AND SUPERVISION
The Hirer agrees to accept full responsibility to provide adequate leadership and proper supervision of all activities undertaken by his party at or from the Centre and in particular agrees to provide sufficient fully qualified instructors to supervise all outdoor pursuits activities and the use of the sports equipment. Hirers should note that there is a maximum of eight children (aged under 15) that can be accepted per adult booking and the Hirer undertakes and agrees not to exceed this quota.
The Hirer further agrees that girls will be in the charge of female leaders and boys will be in the charge of male leaders at all times.
The Hirer agrees that, if any member of the Hirer’s party is either (i) under 18 and not accompanied by a parent or guardian or (ii) is a vulnerable adult, the Hirer will at all times have in place and ensure that all members of the Hirer’s party comply with an appropriate child or vulnerable adult (as the case may be) safeguarding and protection policy.
- FIRE PRECAUTIONS
The Hirer will ensure that all responsible persons within the group are fully aware of the procedures to follow in the event of an alarm or fire, to enable the safe evacuation of all personnel. These procedures are displayed at various points throughout the Centre.
- THE SPORTS EQUIPMENT
The Hirer is responsible to check the state of repair and maintenance of the sports equipment on a daily basis prior to use of same by any member of his party. Further the Hirer is responsible to ensure that the sports equipment is not used except under proper supervision by qualified instructors at all times.
The Hirer shall indemnify and keep indemnified the Trust against all costs claims demands expenses and liabilities whatsoever in respect of personal injuries damage or loss sustained by any person arising out of or in connection with the use of the sports equipment including the unauthorised unsupervised or improper use of same.
Motor vehicles shall be parked in the Trust’s designated parking areas only. No vehicles shall be parked at any time on the adjoining premises of NATS (formerly the Civil Aviation Authority).
The Hirer must maintain a policy of insurance which includes all personal accident, third party and public liability claims against the Hirer in respect of its use of the Centre and/or the equipment, on terms which are satisfactory to the Trust, acting reasonably, and must provide a copy of such insurance policy to the Trust on request, whether before, during or after the Hirer’s stay at the Centre.
- COUNTRY CODE
The Hirer shall ensure that for the sake of maintaining good relationships with adjoining landowners the Country Code shall be strictly observed at all times (no litter, no damage to walls or fences, close all gates, no short cuts across private land).
The Hirer shall not assign or transfer or purport to assign or transfer the Contract or the benefit thereof to any other person firm company or organisation.
Waiver by the Trust of any breach of these conditions or any grant of
time or indulgence by the Trust to the Hirer shall in no way derogate from the Trust’s rights hereunder.
- FORCE MAJEURE
The Trust shall not be liable for any failure to provide accommodation at the Centre or the equipment arising from circumstances outside the Trusts control.
Any notice, consent, notification, acknowledgement, authority or agreement required or referred to in the Contract or these conditions shall be in writing and shall be sent to the party for whom it is intended by post at such party’s registered or main office or last known address and shall be deemed to have been received three days after the date of posting.
This Contract shall be governed by and be construed in accordance with English Law and all disputes arising out of or in relation to this Contract shall be submitted to the exclusive jurisdiction of the English Courts. If any of these conditions or any part of a condition is rendered void or unenforceable by any legislation to which it is subject or by any rule of law it shall be void and unenforceable to that extent but not further or otherwise.