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Kirston Elton T/A Inland Inspiration Terms and Conditions
Inland Inspiration is a Sole Trader – Kirston Elton T/A Inland Inspiration and any reference to Kirston Elton and/or Inland Inspiration should be read as such.
Introduction
These terms and conditions relate to any activities that are carried out by Inland Inspiration. They relate to both individuals, couples, groups and organisations that book with Inland Inspiration.
Booking with Inland Inspiration assumes that you have read, understood and agree with these Terms and Conditions.
1.1
Inland Inspiration is a paddlesport instruction, coaching, guided trips and tuition organisation. It provides basic and intermediate Instruction & coaching to people from all walks of life, whatever their age, circumstances or mobility range. Any activity that Inland Inspiration carries out or provides will be known as “activity”, “course”, “session”, “lesson”, “course”, “assessment”, “trip”, “the activity”, “activities”, “the activities” in these Terms and Conditions. or any other reasonable description. Each point in this document may use one, more or all of these terms but they mean any activity that Inland Inspiration runs and the immediate lead up to this immediately before the activity. Inland Inspiration will be referred to as “we”, “us”, “our instructor(s)”. Clients/customers and others not directly connected to Inland Inspiration will be referred to as “they”, “them”, “their”, “his”, “him”, “her” and is a generic term and relates to a person – regardless of any gender reassignment or identity. Any other similar term will be clarified in this document.
1.2
Inland Inspiration will provide equipment for activities based on information that the customer/client has provided during their discussions with our staff, before any activity session. The equipment will have been judged suitable for the activity/session/course/trip etc.
Customers are able to bring their own equipment to use at or during an activity, but Inland Inspiration retain the right to refuse to provide any activity involving or using customers/client’s own equipment if that equipment is deemed unsafe, unsatisfactory or inappropriate for the prevailing conditions, customer or Inland Inspiration staff experience/ability or for any other reason. If this happens with less than 24 hours to the activity and no suitable alternative can be found, no refund for any activity will be made if Inland Inspiration staff had discussed the equipment’s unsuitability or requested an inspection before this 24 hour period and no response was received or advice was not heeded, or if the customer/client had not informed Inland Inspiration of the equipment’s intended use and it is deemed unsatisfactory for the activity and no alternative is available.
1.3
Inland Inspiration will not be held liable for any damage howsoever caused, to any equipment provided by the customer or any of their personal property during tuition. It is the customer’s/client’s responsibility to ensure that any equipment they supply or bring to any activity is fit for purpose, well maintained, safe and presents no danger to themselves, Inland Inspiration staff, other clients and the general public, wildlife, environment or property. Inland Inspiration may – if appropriate inspect any such equipment client’s/customer’s bring if they feel this may be appropriate for any reason. Any refusal for an inspection by the client/customer(s) will result in the prevention of use of this or any other of their equipment in the session. If no further equipment is available or suitable, then the lesson/trip or activity(s) may be rescheduled or cancelled at no cost to Inland Inspiration or their staff. No refund will be given for any reason and no expenses will be payable for travel or other costs incurred for the lesson by the client(s)/customer(s). This condition in its entirety relates to non-paddling equipment of any kind as well, including but not limited to mobile phones and technology, vehicles, clothes/clothing etc.
We do not recommend that any personal items such as keys, mobile phones or other technology are carried during any activity or immediately before/after it – given the risk of damage or loss during these times. Inland Inspiration will not be held liable for the damage, loss or any other cost in respect of personal equipment such as car keys, mobile phones, any other technology, fashionwear, clothing etc whether wearable or carried in the boat/SUP or on the person, clothing/shoes, jewellery or other personal objects/possessions of the client/customer. It is the sole responsibility of the client/customer to ensure that all such items and any other personal property are secured and/or safe during any activity with Inland Inspiration. Inland Inspiration will not pay for the damage or replacement of any item howsover the damage or loss was caused.
1.4
Inland Inspiration will not be held liable for any damage repair costs or equipment repair or replacement costs or recovery, salvage, restoration, search or other activity aimed at repairing, replacing or finding and/or recovering of a client(s)/customer(s) equipment or property/possession. This relates to both paddling equipment and non-paddling equipment such as car keys, mobile/technology devices, clothing etc.
1.5
Customers/clients are required to make payment for any activity or activities booked through Inland Inspiration within 10 days of the sending of an invoice for the activity. Until and unless the payment is made in full, then the prospective client or existing client/customer has no place booked on any session or activity. Inland Inspiration will reserve the right to cancel any activity or activities if no payment has been received in this time. If no payment is received before the activity commences then Inland Inspiration may cancel the booking at no cost to Inland Inspiration. The customer/client shall have no claim to any expense as a result of this cancellation. Inland Inspiration may – at its discretion – allow the customer/client to pay for the activity/activities at a date later than that given on the invoice. This must have been agreed to by Inland Inspiration staff beforehand and before the activity takes place.
1.6 Cancellations, payment of invoices and refunds
1.6.1 Coaching and Intro/Improver sessions cancellation
If an activity that is not a British Canoeing Course is cancelled by the customer or client with less than 72 hours notice or the customer/client fails to attend any activity without 72 hours notice, then Inland Inspiration will not refund any payment that has been made by the customer/client for the activity or equipment, venue, contractor provision for it. Inland Inspiration reserve the right to receive payment for any outstanding amounts that they have reasonably incurred for the activity booked and that the customer/client failed to notify they could not attend within the specified period.
1.6.2 British Canoeing Courses, expeditions/guided trips or group bookings
If attendance by an individual or group in a British Canoeing Course or assessment, expedition/guided trip or a group booking of any course, is cancelled or is not attended then the following cancellation policy applies where the course payment has been paid in full or above any minimum deposit (the refund amounts below relate only to payments above the deposit and in no way will any deposit value be refunded):-
Cancellation up to four months – 75% refund
Four months to two months – 50% refund
Two months to one month – 10% refund
Within one month – no refund
A week is a 7 day continuous period. The start date for a course or event is the day from 00.00am (midnight) on the date of the course or event – that is the start of that day/date. Any booking of a tuition activity will not be refunded if the client/customer cancels their attendance for any reason at any time up to the activity in line with the timescales above. Preferentially, any activity will be rescheduled to a mutually convenient date(s).
Any cancellation or non-attendance relating to a block booking or voucher up to 48 hours of the event/activity/tuition session then Inland Inspiration may require the client/customer to forfeit that session. Inland Inspiration will only offer a rescheduling of such sessions/activities at Inland Inspiration’s own discretion. Once a booking of lessons/tuition hours is booked – whether a single session or block booking/multiple hours, then no refund will be made should the client/customer wish to cancel. Instead a reschedule to mutually convenient times will be made. If a block booking/multiple hours purchase is made, full payment is required in advance. If a payment plan is agreed with the client/customer, then the cancellation rules in these terms and conditions apply and if any session or time is used from that block booking at all by the client/customer, then full payment will be required according to any payment plan, irrespective of how many sessions/hours the customer/client has taken/used.
1.6.3 British Canoeing courses and Assessments cancelled for not meeting the assessment remit
Any British Canoeing courses or assessments that have a defined upper or lower remit may be cancelled at any time due to the remit not being met and/or exceeded. This is due to British Canoeing rules and requirements and we have no choice on this matter.
If such a course, training, session or assessment is cancelled due to this, then no refund will be given, but a suitable date will be arranged to carry out the course, activity, session and/or assessment. This can be up to the immediate start of the course/session/activity/assessment. British canoeing require that courses such as Coach and Leadership courses, training and assessments have a minimum and/or maximum remit on weather, conditions, river/lake/loch type and other parameters and are clear that these activities cannot take place outside of these.
Any refund given will be solely at the discretion of Inland Inspiration staff.
1.6.4 Non payment or late payment of fees
If fees/invoices or any other monies have not been paid as owed to Kirston Elton T/A Inland Inspiration within 31 consecutive days after attendance at a course/event/any other work that the person incurring those fees attended or commissioned/requested, then Interest will be charged at a rate of 8% of the total owed per week plus the current Bank of Interest rate. The interest each week will only be charged on the original/actual fee not having been paid. Kirston Elton T/A Inland Inspiration reserves the right to take additional action to recover any costs for courses, events, damage or any other monies owed where non-payment has occurred within the above timescales in this condition.
1.7
If Inland Inspiration cancel any activity or activities on grounds of safety, weather, illness or any other reason, then an alternative date for this activity or activities will be made. No refund will be made and Inland Inspiration will make all reasonable attempts to find a reasonable alternative date. No refund will be made at any point if reasonable alternatives have been provided and/or the customer/client has refused these/this date/dates for any reason. Should a session be cancelled on the day or during the session or a client/customer is asked to leave the session due to behaviour, attitude, safety, unacceptable behaviour, drink, drugs or any other reason, then no money/refund will be paid out or entertained.
1.8
Inland Inspiration reserve the right to cancel or postpone any activity or activities should their staff suspect or become otherwise aware of any reason that the customer/client or their equipment is or may not be appropriate, suitable, safe or able to otherwise – for whatever reason – to carry out the activity or activities on safety, medical or any other grounds. This will include, but not be limited to alcohol or drug consumption for example, equipment state of repair, customers mental wellbeing or their conduct. In any such case no refund will be made to the customer or client regardless of when this decision is made before or during the activity paid for. Should the reason for this cancellation be known medical reasons which can be researched and a suitable/appropriate/safe alternative or remedy be found, then an alternative and appropriate date can be arranged with the customer/client, but no refund will be made for any delay or rescheduling.
Any additional reasonable costs incurred to ensure safety or suitability otherwise for the activity/activities will be discussed with the customer/client first and an additional charge to cover this may be required if incurred by Inland Inspiration. If this is not paid and the reasonable adjustments therefore cannot be made, then Inland Inspiration reserve the right to cancel the activity without any refund due to reasonable attempts having been made to find alternatives and/or reschedule.
1.9
If Inland Inspiration equipment or equipment that is rented, loaned or used for any lesson by Inland Inspiration, is damaged due to the malicious act or neglect on the part of the client or through wilfully ignoring any advice or instruction from Inland Inspiration staff, then Inland Inspiration reserve the right to require a full or partial contribution to the repair, refurbishment (or any work required to ensure it’s continued safe usefulness for its intended purpose) or replacement of the equipment. This may include seeking financial redress through the Courts.
1.10
Payment for any lesson, trip, course, assessment or any other activity through Inland Inspiration will be made in accordance with instructions from Inland Inspiration staff.
1.11
Inland Inspiration require customers/clients to inform them of any medical or other conditions that may affect their ability to safely paddle under instruction or independently. It is the responsibility of the customer/client to keep Inland Inspiration up to date through their lessons/instruction on any conditions that may have arisen or be suspected, that could affect their safety or ability to engage in paddlesports. Inland Inspiration will take no responsibility for any medical issues if reasonable information has not been provided in a timely fashion to Inland Inspiration and/or their staff or representatives.
1.12
Inland Inspiration accept no responsibility for any consequences howsoever caused should a condition, injury or other medical condition – or the true extent or limitation of any such condition – not be fully made aware to Inland Inspiration staff in a reasonable time before or during any lesson, whether the client is aware of that condition or not. This includes any injuries sustained during a session, trip, course or other Inland Inspiration activity.
1.13
If an existing or known medical condition is made known to Inland Inspiration staff that requires or could require Inland Inspiration to cancel or postpone any lesson or guided trip, less than a week before that lesson, course, session, activity or trip, then Inland Inspiration may cancel and/or reschedule any course/session/activity/assessment and/or retain all or any payment towards that lesson or trip if reasonable adjustments or other rescheduling or measures cannot be found or put in place in time for the session for safety or any other reasonable reason. Inland Inspiration will discuss and/or attempt to put in place reasonable adjustments and/or reschedule the activity in the first instance. Condition 1.7 will also have effect on this.
1.14
Inland Inspiration may, following research into any declared condition, require additional payment to cover the cost of any additional safety or other equipment or contractors that may be required to safely carry out that lesson/activity/course/assessment/session. If the customer/client does not agree to this additional cost, equipment or contractor use, then Inland Inspiration may cancel and/or reschedule the lesson/activity/course/assessment/session and will not refund any payment in part or full already made towards the lesson or trip that the additional equipment would be needed or appropriate for. Condition 1.7 will also take effect in relation to any such equipment, service, staff/contractor or other consideration that is loaned, rented, used or contracted in for such purposes as this condition relates.
1.15
Late arrival of client(s)/customer(s) at activities will be accommodated for as much as possible, but if their lateness causes any activity to overrun into or potentially cause the late running of the next arranged activity for any customer/client, then the late customer/client understands that their activity will be shorter that that arranged to ensure other customers/clients are not inconvenienced, that is that the activity/course etc of the later arrive will finish at the scheduled time regardless of when they arrive. No refund in whole or part will be made to the late party for any lost time on their activity or activities.
1.16
Customers understand that paddlesports – including kayak, open canoe/canoe and standup paddleboard (SUP) are outdoor and adventurous activities that require an element of common sense and self preservation to do safely. These activities carry an element of risk that the customer/client undertstands and is familiar with this. The client(s)/customer(s) understands and accepts this risk and will ensure that their conduct and behaviour will at all times reflect the presence of this risk. This risk may come from injury from collision, accident, slips, trips, falls, aches, strains, pollution, illness or any other injury or illness/death. Inland Inspiration will do everything in their power to reduce or eliminate these risks such as additional safety measures, equipment or moving location or rescheduling. The client/customer understands that their conduct, behaviour and other parameters within their control can affect this and so accepts that they must listen, acknowledge and adhere to advice, guidance and requirements from Inland Inspiration and their representatives and apply good behaviour, common sense and risk awareness and self preservation and then act accordingly in a manner a reasonable person may do.
Inland Inspiration will provide before the first lesson/activity, a declaration form and other documents including a medical form for the client/customer to read and understand. It is the responsibility of the client/customer to read and understand these. Any clarifications required should be asked via e-mail to Inland Inspiration on their current recognised e-mail address. The failure to provide completed documentation at the start of any activity may mean any activity being cancelled or postponed for safety.
Inland Inspiration staff may speak to the client/customer about the declarations before the activity commences to satisfy themselves that they do understand the terms and to ensure that Inland Inspiration and its representatives have all available information to ensure a safe and enjoyable activity/course/session/assessment etc and that the medical or any other condition/parameter etc do not cause a safety issue or other issue. By e-mailing the documents and declaration to clients/customers, the client/customer understands that Inland Inspiration will take receipt of these as that the client/customer has read, understands and accepts these terms and declarations – including those on the declaration form in the New Paddler Starter Pack. Inland Inspiration may require signed declaration to this effect before or after the session having verbally confirmed understanding with the client/customer before any session.
1.17
It should be known by participants that there is an element of risk and common sense behaviour that should be observed at all times. The water quality can be variable and so the customer understands that they should not ingest water or allow it to enter eyes, open cuts or other skim marks/cuts/grazes. Any injuries, deep cuts, abrasions, bruises or other open skin or wounds that could allow water or bacteria to enter their bodies will be made known to Inland Inspiration Staff before any activity. Inland Inspiration reserves the right to – without any refund - postpone, cancel or reschedule any activity, event or course if/when they become aware of any such injuries or instances at any time before or during the session/activity/course/assessment etc. No refund at all will be given.
Inland Inspiration staff are not medically trained other than a 16 hour First Aid Course and so no advice on prevention of bacteria entering the body or what to do if they suspect any bacteria has or might have entered the body in whatever means, will be given or taken as medical advice and the client(s)/customer(s) acknowledges that if anything that they believe could constitute advice in this regard and relating to this subject, then it has no medical or legal basis and should not be relied upon. No claims or otherwise will be entered into or entertained should the client(s)/customer(s) use any such advice or information that they may or may not have heard from Inland Inspiration staff or others. Clients/customers understand that any problems or concerns then proper and qualified professional medical advice should be sought from the NHS or appropriate private medical/health provider. The client/customer should inform the medical practitioner that they have been learning/paddling etc in river/lake/loch water and so waterbourne diseases may be present.