42CASTLES TERMS & CONDITIONS
Updated March 2021 (Previous version dated October 2020)
These terms and conditions apply to the agreement between you (The Clients) and 42CASTLES (“the Supplier”). Purchasing an item via our online storefront, via e-mail or by paying the Initial payment is confirmation of acceptance by you and other significant parties named of the following terms and conditions.
These terms shall be governed by the law covering the United Kingdom
1. MAKING YOUR BOOKING
The contract will only come into existence once the purchase of a service or initial payment is paid. If only one person is making the booking, that person confirms that they have the authority to make the booking on behalf of both persons intending to use our services. Our contract will therefore be all such persons using our services.
2. SECURING SERVICES, METHOD OF PAYMENT AND PRICE
- The price of your service/item shall be as set out online at the point of payment or on your booking form/ order e-mail.
- Any “Extra” services we subsequently agree at our discretion to provide to you will also be detailed on this way and billed to you as and when such services are requested and we agree in writing to supply them. We reserve the right to make an additional charge should there be any variations from the initial order. Such variations will be agreed in advance in writing with you.
- Full payment may be required to secure your booking, for event services we may ask for an initial deposit to secure booking instead. This will be part of our confirmation of the contract to you. A booking is not confirmed by us until the payment has been received with confirmation of acceptance of terms and conditions.
- You will have a cooling-off period of 14 days from payment to cancel for a full refund unless services have already been complete or a physical item made/delivered.
- If making an initial payment the balance is due at least 60 days before your event. If you fail to pay the balance on or before the due date then we regret that we may treat this as a breach of contract and may not be able to continue with the booking as planned we will work with you to agree on a suitable alternative if possible. For bookings made less than 60 days before the start of service/ product being required the total fee is payable on booking.
- Payments can be made by bank transfer, debit or credit card. Event payments made via credit or debit card via our online gateway will incur a 3% fee as charged to us from our payment gateway providers Stripe/PayPal. We wave the 3% fee for credit & debit card payments under £100 on wedding venue initial payments ( allowing you to pay for up to £100 F.O.C to allow cover under Section 75 of the Consumer Credit Act.)
- Additional services such as planning, design, decor, furniture, food & drink or entertainment which are commissioned by you from us to be made bespoke or sourced from external suppliers will be subject to their terms and conditions which will be set out in your order confirmation for each additional service prior to the order being placed and paid for.
- Bell tent Bookings, Guest glamping & Camping. All bookings for guests wanting to stay in glamping pods or bell tents must be received 30 days prior to the event. All payments must be made at the time of booking.
- VAT is not applied to services exclusively supplied and provided by 42CASTLES.
F) PERMISSIONS & COPYRIGHT
- If you include any images of the venue on your wedding invitations, you must ensure that you have the permission of the appropriate copyright holder via the venue before use.
- You agree that we may use images taken at our venue of your wedding day for promotional purposes via our social media, website and print marketing.
H) BELL TENT HIRE & GLAMPING GUESTS.
- You agree not to enter the Tent(s) whilst it is being erected, dressed and dismantled and to keep tent doors and windows completely closed and secure when not occupied.
- Tent/pod Allocation. Tents will be labeled with guests/individual name(s), therefore we will not be responsible for ensuring every guest sleeps in the correct tent. The person allocated the tent will be responsible for that tent so please ensure you stay in the one allocated to you.
- We kindly request that any items moved from any of the tents are put back in their place/allocated tent at the end of the hire. Failure to do so may mean you or the event hirer are charged for any missing item(s).
- Please use the bins provided in the tents for all rubbish. These are not for items sure as nappies, sanitary products or anything sharp such as glass or needles. If we have to remove such items we will charge a cleaning fee for safe disposal of items.
- Please remove outside shoes on entering the tents. If the tents or accessories within are found to be excessively dirty we will charge a cleaning fee for the extra labour involved in cleaning these items.
- The Client must not light, or allow to be lit, any fire, candle or another naked flame within or close to the Hired Items unless provided by the venue. Smoking of any kind including the use of vapes is strictly forbidden
3. CANCELLATION BY YOU
- If you want to cancel a confirmed booking, you must do so in writing.
- You will have a cooling-off period of 14 days from paying your initial payment to cancel for a full refund. If returning a physical product brought online you then have 14 days to return it in its original packaging. This does not apply to commissioned products.
- After 14 days we will use reasonable endeavours to “re-sell” the products or service booked for that date, however, you must pay us any losses and costs we suffer because of the cancellation which were reasonably foreseeable to both you and us when the contract was entered into. We will tell you the exact cancellation charges once we know whether or not we have been able to resell the date, and you must pay the charges within 14 working days of our invoice.
- Where guest numbers have not been confirmed and the final price has yet to be finalised, we shall base the cancellation charges based on the original estimate of guest numbers set out in booking form.
- We strongly recommend that you take out private insurance to ensure that you can meet any financial liabilities in the unlikely event that you need to cancel your booking for any reason, this is available at a low cost from most insurance brokers, to cover yourself in this eventuality.
4. CANCELLATION BY US
If we cancel your booking under this paragraph, you will be liable for any losses and costs we suffer because of the cancellation which were reasonably foreseeable to both you and us when the contract was entered into, whether or not we can resell the date. Depending on when we cancel, the cancellation charges you must pay will be determined by reference to the timings for payment referred to in these terms and conditions and pro-rata costs incurred before the event cancellation.
We reserve the right to cancel your booking without liability to us and without any obligation to refund monies paid if:
- you do not pay us the balance of your billed services or product by the date due; or
- we have reasonable grounds to believe that you may not pay us the balance of your billed services or product by the due date and we have requested you to explain the position and you have not done so satisfactorily; or
- we discover, before you have paid the balance of your billed services or product, that you have deliberately concealed information, or deliberately given us incorrect information, about your intended billed services or product in circumstances where (if you had not done so) it would have been reasonably foreseeable that we would not have accepted your booking or that additional costs would be incurred to us from such undisclosed information; or
- we have reasonable grounds to believe that your behaviour or that of your guests at the billed services or product is likely to result in damage to the venue or injury to people.
5. CHANGES TO PRODUCTS OR SERVICES.
- We reserve the right to make changes to certain components if this is necessary to comply with safety requirements or other changes in law or relevant codes of practice, or to make other minor changes which we reasonably believe will not be to the detriment of your overall billed services or product experience.
- We will notify you of any significant changes, but unless the change is one which is likely to fundamentally change the nature of your booking/ product experience you accept these changes as part of this contract.
6. CHANGES TO THE CONTRACT WHICH ARE OUT OF EITHER PARTIES CONTROL.
- We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that are caused by events outside our reasonable control such as serious damage to the venue making it unsafe to attend, serious adverse weather conditions, a pandemic or epidemic, war, or interruption or failure of utility services such as electric power, gas or water or lockdown restriction or any other change in the law which affects the original booking agreement and limits our ability to fulfill our contract.
- In these circumstances, we will notify you as soon as possible and make every effort as is reasonably practical to find an alternative service or product or to move the dates of your service by agreement with you to an alternative date.
- If, as a result of such events, we believe we have no alternative but to cancel your booking, our sole liability to you shall be to refund you any money you have paid towards your wedding package for services that have not been provided or are of a perishable or any bespoke commission which is now an asset.
- Depending on when the cancellation happens charges & refunds will be determined by what stage of planning and preparation has been completed as referred to in these terms and conditions and pro-rata costs incurred prior to the event cancellation will be charged.
- On 11 March, the World Health Organisation (WHO) declared the outbreak of coronavirus, known as COVID-19, to be a global pandemic. Since then, the outbreak has evolved rapidly, with governments around the world taking swift action to slow the spread of COVID-19.
- In response, we are providing the following coverage for COVID-19 under our extenuating circumstances policy to help protect our clients and provide peace of mind. Please monitor our terms and conditions page which can be would on our website www.42castles.com . Bookings made for events or services booked before 1st October 2020 with an event date within 2021 or 2022, may be cancelled.
- Both parties have up to 60 days before the event date to cancel (with a full refund) or postpone the event to another date if the current government guidelines state that the event cannot happen or they limit the event numbers so that the number is under the guests agreed in the initial contract with ourselves. This means that guests who cancel under the policy will receive a full cash refund or be offered an alternative date for the amount they paid (where another suitable date is available). We can not be held responsible for bookings made as part of larger events and our contract is with the individual who has booked and paid for the service not the event as a whole.
- Our extenuating circumstances policy is intended to protect clients and ourselves from unforeseen circumstances that arise after booking. After the declaration of COVID-19 as a global pandemic by the World Health Organisation, the extenuating circumstances policy no longer applies because COVID-19 and its consequences are no longer unforeseen or unexpected. For Bookings made after the 1st October 2020 our standard Terms & Conditions for cancelation will apply. Please remember to carefully review our cancellation policy when booking.
- COVID-19-related circumstances not covered include transport disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates such as evacuation orders, border closures, prohibitions on short-term rentals, and lockdown requirements. Our standard cancellation policy will apply as usual.
7). DAMAGE TO OUR PROPERTY BY YOU OR YOUR GUESTS.
- Please report any accidental damage or breakage when it happens so that the items can be removed or made safe and repairs or replacement items can be arranged.
- Any damage caused to equipment, contents, or fittings or its venue from misuse or negligence by you or your guests will be deemed your responsibility and will be invoiced directly to you payable within 14 days of invoice.
- You must comply with and use your reasonable endeavors to ensure that you and your guests comply with all of our reasonable instructions intended to ensure the safety of everyone involved with the hired service and/or people at the venue. A guest means anyone on the premises in connection with someone invited or employed by you.
8) LIMITATION OF OUR LIABILITY TO YOU
- We accept no liability for loss or damage to personal effects or for personal injury or accident that was not a result of our direct negligence and we suggest you make suitable insurance arrangements to cover yourself in this eventuality.
- We will not be liable for any losses which were not reasonably foreseeable to both you and us when the contract was entered into or for any losses that were not caused by any breach of contract or negligence on our part.
- For the avoidance of doubt, nothing in these terms excludes or limits in any way our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other matter for which it would be illegal or unlawful for us to exclude or limit (or attempt to exclude or limit) our liability.
9) ERRORS, OMISSIONS
Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
We reserve the right to amend and update these terms and conditions as and when required if this is necessary to comply with safety requirements or other changes in law or relevant codes of practice, or to make other minor changes that we reasonably believe will not be to the detriment of your overall experience.
We will notify you of any significant changes after you’re booking. Up to date terms & conditions can be found on our website www.42castles.com
Updated March 2021
42CASTLES – Acknowledgement of Risk
THIS IS A LEGAL DOCUMENT- READ CAREFULLY!
Please read the following carefully before clicking to accept our terms and conditions and acknowledgment of Risk: By clicking and accepting our Terms and conditions to place the booking you are signing this Acknowledgement of Risk.
- All Riders are responsible for their wellbeing. They MUST NOT attempt any activity, trail, or trail feature unless they have the ability to do so. All riders must ride in control and within their ability at all times.
- Mountain biking is an inherently dangerous activity. While you’re here enjoying the weekend you may be exposed to risks including but not limited to; steep trails, avoidable and unavoidable obstacles, trail verge dangers, grazing livestock, motor vehicles, and changing trail and weather conditions. Even with all possible risk controls and protective equipment, the risk of injury remains. All riders must be aware of these risks and acknowledge the potential risk of harm.
- Industry recognised, properly fitting helmets MUST be worn at all times.
- Closed-toe footwear MUST be worn at all times. No loose trailing clothing to be worn.
- All guests are responsible for their equipment and must ensure that their equipment is in good operating condition.
- Riders MUST NOT join any of the biking activities or use any equipment while under the influence of drugs or alcohol.
- All guests MUST obey the guidance of organisers & staff at all times.
- We reserve the right to deny access or involvement if we feel in doing so you may endanger yourself or others.
GPS Routes are for guidance only, no liability can be accepted for unknown changes in access or any errors made by the end-user in reading the guidance. we always recommend you review the full route before setting off and make sure you have a fully charges mobile phone for emergencies.
Mountain View Bike Park STRONGLY RECOMMEND the use of a full-face helmet and additional protective equipment, which may include but is not limited to; knee and elbow protection, chest and back protection, gloves, eyewear, and neck braces when riding at their bike park.
Mountain View Bike Park is a private bike park facility if booking on to the Jam session you will be asked to complete their acceptance of risk form which will be sent to you after booking.
All bookings made for guests who are aged 17 or under MUST have their booking form read and accepted by a parent or guardian.
Guests who are aged 17 or under MUST be accompanied by a riding adult to join in group sessions and mountain view jam session.
Guests must be 6 or over to join in the mountain view jam session.
Guests must be 13 or over to join in Explorers group rides.
Guests must be over 18 to join in the Adventures or Trail Blazers group rides.
I agree that images taken of myself at the event may be used for promotional purposes.
I agree to be contacted by the event organisers by e-mail or phone concerning the booked event.
I agree to receive promotional material about future events via e-mail which I can opt-out of at any time.
I understand and acknowledge that Accidents can happen without any contributory negligence from the organisers or its staff. The organisers can accept no responsibility for loss or damage to personal property or personal injury not arising as a result of its act or negligence.
* By ticking the terms and conditions box on your booking form you confirm your details are correct, you agree to our terms and conditions & except our acknowledgement of risk conditions.