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Terms & Conditions of Booking

DUN FELL CHRISTIAN TRUST

Registered Charity – No 510095

STANDARD TERMS AND CONDITIONS OF RESERVATION

1.             DEFINITIONS

In these Terms and Conditions “the Trust” means the Trustees for the time being of the DUN FELL CHRISTIAN TRUST and its officers or agents, “the Centre” means the Knock Christian Centre near Appleby, Cumbria, “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, climbing wall, paddling pool, bicycles, canoes, sailing dinghies, trailers and all accessories in respect thereof provided by the Trust, and “the Hirer” means the person or persons by whom and/or on whose behalf any reservation of the Centre is signed or made.

2.             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 of reservation 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 this Agreement.

3.             SIGNATORY

A contract is made upon acceptance of the reservation by the Trust.  The person signing the reservation signs on his/her behalf and on behalf of all other applicants (i.e. persons 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.

4.             AIMS AND OBJECTIVES OF THE TRUST

The Trust desires that parties would respect the doctrinal basis and uphold the aims and objectives of the Trust.

5.             DESCRIPTION OF THE ACCOMMODATION AND THE EQUIPMENT

All descriptions, specifications, and information submitted by the Trust or otherwise contained in the Trust’s catalogues or other published matter are approximate only and none of these shall form part of any contract it give rise to any independent or collateral liability upon the Trust being intended merely to present a general idea of the Centre and the equipment as describ1ed therein.

6.             PRICE

All prices are available from the Trust’s tariff list for the appropiate year. The price payable for the accommodation reserved shall be the price as per the tariff list for the year of hire ruling at the date when the Trust has accepted the Hirer’s reservation or booking.

7.             DEPOSIT/PAYMENT

The appropriate deposit plus insurance if required must accompany this reservation, as per the tariff list for the year of hire.

8.             AMENDMENTS TO BOOKINGS

Changes or amendments to reservations may be accepted by the Trust at its sole discretion and subject to availability.

9.             CANCELLATION

In the event of cancellation the Hirer will fully indemnify the Trust against all expenses and losses incurred or suffered by the Trust as a result of the cancellation.

10.           ARRIVAL & DEPARTURE

Arrival and departure times are notified on the tariff list to the Hirers in advance by the Trust.

11.           OCCUPATION

Only the Hirer and the members of the Hirer’s party as previously intimated may occupy accommodation at the Centre.  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.

12.           NUISANCE

The Trust reserves the right to decline a booking if in the opinion of the Trust the constitution of the booking party may lead to a situation that could prejudice the service to and safety of other Hirers and staff.

The Hirer will not do anything which in the opinion of the Trust constitutes a nuisance or interferes with the quiet or general comfort of other Hirers.  If the Hirer fails to comply with this condition their booking may be terminated forthwith in which case they will be required to leave the accommodation immediately.  After this time they will be trespassing.

13.           SMOKING, ALCOHOL, DRUGS AND DOMESTIC PETS

Smoking, the possession or use of illegal drugs, the possession and/or consumption of intoxicating liquor are prohibited throughout the Centre and its grounds. Domestic pets are prohibited throughout the Centre and its grounds.

14.           LOSS, DAMAGE, BREAKAGES, INJURY, ETC.

Hirers undertake 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 accommodation 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.

15.           CLEANING

The Hirer agrees to clean the Centre and the equipment to the reasonable satisfaction of the Trust prior to departure.

16.           INDEMNITY

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.

17.           LIABILITY

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 in this respect and shall be totally responsible therefore.

18.           LIABILITY/EXCLUSIONS

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.

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).

19.           COMPLAINTS PROCEDURE

Any complaints should be taken up with the Trust before departure through the Trust’s local Manager.  If he is unable to resolve the problem a written complaint should be sent to the Trust within 14 days of departure.

20.           HEALTH

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 seek outside medical advice and to vacate the Centre forthwith.

21.           LEADERSHIP AND SUPERVISION

The Hirer agrees at all times 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 full 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.

22.  FIRE PRECAUTIONS

Group Leaders are required to ensure that all responsible persons within the group are fully aware of the Fire procedures to follow in the event of an alarm or fire, to enable the safe evacuation of all personnel.

23.           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.  Furthermore 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.

24.           PARKING

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 the Civil Aviation Authority nor on the access roadway.

25.           INSURANCE

Personal accident, sport activities and third party insurance are the responsibility of the Hirer who shall provide such evidence of insurance as the Trust may require.

26.           COUNTRY CODE

The Hirer shall ensure that for the sake of maintaining good relationships with adjoining farmers 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).

27.           ASSIGNMENT

The Hirer shall not assign or transfer or purport to assign or transfer any contract to which these conditions apply or the benefit thereof to any other person firm company or organisation.

28.           WAIVER

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.

29.           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.

30.           NOTICES

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 or by facsimile transmission 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.

31.           JURISDICTION

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.

19/02/1999