TERMS + CONDITIONS

Terms and Conditions

COVID-19 TERMS + CONDITIONS

At Women + Waves, we are thinking of everyone who helps to create the holiday memories we love and see how we can best support them during these unprecedented and troubling times. This includes our fantastic suppliers, dedicated in-destination partners, our incredible Women + Waves team, and of course, the reason we do it – you, our loyal customers.

We are learning all the time how best to deal with this situation.

Due to the ongoing coronavirus pandemic, we have put in place a ‘Green’ or ‘Amber’ status for each of our trips. We are carefully monitoring the situation in each destination so that when we are ready (and only when it is safe to do so) our surf trips will be going ahead again.

The trip indicators are as follows:


Green 

This indicates that in line with UK government or Foreign & Commonwealth Office (FCO) guidelines this trip is planned to go ahead, all systems go for you to book with us.  At the time of booking, we will advise you when to book your travel (and when to book relevant accommodation) for the trip or weekend.  The only reason that this wouldn’t go ahead would be a change in the government or FCO plans. If this did happen you would be awarded a voucher to join the event at its next scheduled date. If you couldn’t make the date you could join an alternative event. The voucher would be valid for 18 months. If you required a refund and it was prior to 12 weeks before the event this would be awarded.


Amber

This indicates that currently, while the trip is planned to go ahead, we are watching updates carefully and making sure that it is officially ok to travel to the location. Therefore we are taking enquiries for the trip and if you would like to attend we would suggest that you claim your place by paying a £150 deposit.

If you aren’t comfortable paying the £150 deposit we can take your contact details and get in touch with you when the event status moves to green. At which time you can book. However most of our events do sell out so we do recommend that you guarantee your place with a financial deposit. We will then be in touch to confirm when the status of the event is moved to green and at that time you should book your flight or travel to the location. At that stage you would pay for the remainder of the trip (or we can set you up a payment plan for you). It’s important that you hold off until we confirm, as it will hinge on FCO travel updates or expected government guidelines. If the government or FCO advice were for the event not to happen you would be awarded a voucher to join the event at its next scheduled date. If you couldn’t make the date you could join an alternative event. The voucher would be valid for 18 months. If you required a refund and it was prior to 12 weeks before the event this would be awarded.

In line with travel advisories we have developed new procedures, risk assessments and staff training to ensure all our guests’ safety.

The safety and welfare of our guests and staff is our highest priority. We are closely following Government, Foreign and Commonwealth Office (FCO) updates to keep informed of the situation and will update the status of a trip when changes take place.  The advice from our local operators, on the ground at each destination, is allowing us to stay up to date more closely with what is possible.


COVID 19 FAQs


Can I still book a place onto the upcoming events?

Yes! We are still taking bookings for our upcoming events + trips that are on Green or Amber status. Our booking team is still available for your enquiries and bookings. We will simply email you an invoice, or you can pay over the phone. We are taking deposits and full balances to secure your place(s). Please check the terms of your trips status at time of booking.


What happens to my money if the trip doesn’t go ahead and can I get a refund?

In order to adhere to this recognised Global Force Majeure event, and to obey to restrictions enforced by the Prime Minister on the 23rd March 2020 we have amended our standard terms. This allows guests, in the event of a status change of an event to postpone their trip booking up to 18 months from their original booking date. 100% of the booking’s value, regardless of price increases can be carried forward. If you require a refund and are more than 12 weeks out from your trip you will be financially re credited.


What about if I’m booked on a trip and it can no longer go ahead due to Covid-19? 

We will move your booking to a future date, hold your payment and offer you a voucher to use in the future.

If you decide not to pay your outstanding balance by the final payment date (12 weeks before departure) we will automatically return your deposit in the form of a credit to your Women + Waves account.

We are keeping a close eye on the UK’s Foreign & Commonwealth Office (FCO), ABTA, Public Health England, local health authorities and our team that are based in our destinations. We will respond to any advice by the FCO against non-essential travel to your destination and will contact you as soon as it is clear we won’t be able to provide your holiday.


What happens if I pay my deposit for a trip and am waiting to purchase my flight / travel when the trip status becomes ‘Green’ the price of travel is beyond my budget? 

You will be awarded a voucher to use on a future trip to the same destination or one of our other trip options.


Not sure about booking?

We appreciate that due to the level of uncertainty it is difficult to make a decision. We are monitoring international travel updates on a daily basis. It’s what we do! So we are only putting events on to green or amber status when guidelines suggest that those trips will safely be coming back on line for us. We are here at the end of the phone or email if you want to talk. Our trips and weekends do tend to sell out so by putting a deposit down you can have the peace of mind that you have your place reserved if the event does go ahead.


Further information


UK Government response: Coronavirus (COVID-19): guidance and support

UK Government Travel Advice: https://www.gov.uk/guidance/travel-advice-novel-coronavirus

USA –   FCO Advice: https://www.gov.uk/foreign-travel-advice/usa

Costa Rica  – FCO Advice:  https://www.gov.uk/foreign-travel-advice/costa-rica

El Salvador – FCO Advice: https://www.gov.uk/foreign-travel-advice/el-salvador

Morocco – FCO Advice: https://www.gov.uk/foreign-travel-advice/morocco

Nicaragua – FCO Advice: https://www.gov.uk/foreign-travel-advice/nicaragua


COMPANY INFORMATION

Women + Waves Ltd (‘the company’), 79 Higher Bore Street, Bodmin, Cornwall, England, PL31 1JT


OUR AGREEMENT

When you book with Women + Waves, you enter into a contract when we confirm your booking via e-mail.

Full payment should be paid at the time of booking. For your financial security, all funds will be held by a third party trust account in compliance with the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288), until completion of your surf holiday (see client protection).

The lead person signing the booking form accepts responsibility for payment for everyone listed on the booking. As lead person, it’s your responsibility to ensure that all other persons listed on the booking form have read the booking conditions below and are aware of the booking details.


FLIGHT ARRANGEMENTS

Our surf holidays do not include flights. It’s your responsibility to book your own flight.

We will advise you on an appropriate time to arrive at the destination airport. This is to ensure a group transfer from the airport to our accommodation.

Your contract for the flight arrangements is not with the company. We can’t be held responsible for any delays or other problems which may arise with your flights.


FLIGHT DETAILS

If we don’t receive your flight details prior to a week before your departure you will be responsible for paying and organising for your own transport to the accommodation.


AIRPORT ARRIVAL

Our representative will wait for you to arrive in the arrivals area of the destination airport. We request that after you collect your bags you walk into the arrivals area and meet us. If you leave the airport without meeting us and incur costs you will be liable for them yourself.

If you know your flight will depart late, please let us know as soon as possible and before your flight leaves.

If your flight is delayed (or cancelled), or you miss your flight and don’t arrive within time to meet your transfer, you will have to pay for your own transfer to the accommodation.

This includes taxis, boats and any other transport costs. We will help you to organise this but you must stay in touch with us regarding your arrival time.


EARLY ARRIVAL OR LATE DEPARTURE

If you arrive before or after the first day of the trip you will be liable for the cost of the transfer to the accommodation.

If you leave earlier than the last day of the trip, or you fly home after the last day of the trip, it’s your responsibility and cost to arrange your return travel to the airport.


GETTING TO THE AIRPORT ON TIME

It’s your responsibility to get to the airport on time in order to catch your flight to the trip destination. Prepare accordingly taking into consideration the weather, traffic, strikes, runway or airport closures etc.

If you miss your flight, Women + Waves accepts no liability and you default on your trip with us. Keep updated with the weather and news if particularly if the forecast predicts snow and leave a day early to get to the airport if necessary.

It’s your responsibility to arrange flights to the correct location on the correct date.


ACCOMMODATION FOR SURF WEEKENDS

Accommodation is not included in the cost of our surf coaching weekends.

Payment for coaching and accommodation can be made in two parts for our surf weekends. An initial card or online payment followed by a final cash payment on the first day of the weekend.

The whole amount is due before you participate in the coaching weekend. You will still be liable for the final balance if you decide to cancel your accommodation or your participation in the coaching weekend.


CHANGING YOUR BOOKING

We will make every effort to arrange any changes you request for your booking, however any changes to your booking will incur a standard administration fee of £100 for a holiday or a £40 fee for a Weekend which is payable immediately.

Women + Waves reserves the right to move or change holiday/weekend dates due to any unforeseen circumstances. We will endeavour to help facilitate these changes with you and keep you informed of any issues that would cause a change in dates as soon as they are known to us.

If FCO (Foreign and Commonwealth Office) guidelines change on the run-up to your trip and advise against travel to your destination is made, your trip will be cancelled and you should contact your personal travel insurer to reimburse your trip and flight costs.

You can make changes to your UK Bookings 28 days before the weekend start date.
For international trips (other than the UK) you can make changes to move upto 12 weeks before the trip start dates.


CANCELLATIONS

All cancellations must be made in writing and will be effective from the date we receive them. Cancellation charges are payable as follows:


  • Over 12 weeks = deposit only (one third of the total trip price)
  • 36 days to 12 weeks = 50% of the total cost
  • 21-35 days = 75% of the total cost
  • Under 20 days = 100% of the total cost.


However if your cancellation is within the terms of your travel insurance policy, you may be able to make a claim.


PAYMENT

We require full payment to secure your place on a surf coaching weekend or holiday. We take payment over the phone with a credit or debit card, or online.


PAYMENT PLANS

In some circumstances we can accommodate a payment plan. In this instance, we will secure your place on receipt of the first installment. We will email you with details of your payment plan which will include the dates for each payment.

We will automatically take subsequent payments on the specified dates from the initial payment card. We will need a minimum of 7 days notice to amend a payment date or change to payment details (ie. a new credit/debit card)

We must receive payment in full no later than 12 weeks prior to departure. If we don’t receive payment within this time frame, we will cancel your place on the trip.


INSURANCE

As with any holiday, full travel insurance is a requirement for all guests booking a trip with the company. Please also ensure that your policy covers you for ‘disruption to travel’ and ‘cover for cancellations’ as standard.

You may need to add additional cover for surfing, it is essential that your insurance policy covers you for all these. Failure to take out travel insurance breaks the contract between Women + Waves and the client.

If you are joining one of our trips and you are native to the country where the trip is being held (i.e you live in America and are joining our California trip) you do not need medical travel insurance as long as you have your own personal health-care plan or are covered by your country’s National Health Service. Although, we request that you still take out trip disruption and cancellation insurance to cover all possible eventualities.


SUPPLIERS’ CONDITIONS

Suppliers will often have their own booking conditions or conditions of carriage. You will be bound by those as far as the relevant supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant supplier, or give the supplier the right to alter or cancel arrangements without penalty.

Where relevant, copies of such conditions will be available for inspection at our offices, or at the offices of the relevant supplier.


CLIENT PROTECTION

All monies paid to the Company will enter a trust account, in compliance with the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288), which is supervised by an independent trustee.

Your funds are held in this account and may not be released until you have returned from your holiday. In the unlikely event of the company becoming insolvent, your payment’s protected by the company’s trust account, so your peace of mind is guaranteed. This means that your money will be refunded in the extremely unlikely event of our insolvency.


NOT INCLUDED IN THE COST

The cost of your Women + Waves holiday does not include:


  • Passport applications
  • Visas (where required)
  • gratuities (except where indicated
  • Insurance
  • Flights
  • Excess baggage (ie surfboards)
  • Laundry
  • Drinks
  • Airport taxes
  • Meals (unless where specified)
  • Airport transfer
  • Car hire
  • Surfboard and wetsuit hire


In addition, the cost of our surf coaching weekends do not include accommodation costs.


ADVERSE WEATHER AND SURF CONDITIONS

We choose our destinations for the quality of waves but as a company we’re not responsible for poor surf or bad weather. We select our destinations based on years of surf travel experience and provide destination details on our website. It’s your responsibility to research the area’s suitability and ensure you’re happy prior to booking.


IF IT’S FLAT OR STORMY ON OUR SURF COACHING WEEKENDS

In the event of flat waves or stormy conditions for a surf coaching weekend or holiday we will offer alternative activities to help you get the most out of the ocean conditions. This may include stand up paddle boarding, coasteering or kayaking.

We may adjust the format of the weekend. For example choosing to run all of the sessions on the Sunday if that’s when the waves are at their best.

We will supply as much notice as possible under the circumstances and if conditions demand, we may postpone a coaching weekend. If it’s impossible to offer a water-based activity, we can provide a voucher these sessions.

Please be open-minded. We’re dealing with mother nature and can’t be held responsible for lack of waves or stormy conditions.


ENVIRONMENTAL DANGERS

Our holidays involve a natural environment that we can’t control. These include, but are not limited to snakes, sharks, avalanches, earthquakes and volcanic eruptions.

We can’t be held responsible for these activities or the dangers that you as a customer may experience. We try our best to ensure safety comes first always but natural things will occur and caution must be taken at times. It is understood that you agree to these dangers when booking.


OUR LIABILITY

(i) Our obligations are limited to providing holidays and surf coaching weekends. These obligations, and the suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. Where we or your supplier provides the service or facility, we will provide them with reasonable skill and care.

You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would you would expect to find in the UK.

The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority). Or, if there are no applicable local regulations, if they’re reasonable when compared to the local standards and customs.


RESPONSIBILITY

Women + Waves acts only as agents for hotels, accommodation providers, transportation or other services. We will not be liable or responsible for death or injury to any person or loss of or damage to any property.

This includes incidents relating to third party suppliers such as employee negligence or resulting directly or indirectly from; acts of God, dangers, incidents of the sea, fire, breakdown in machinery or equipment, acts of governments or other authorities, de jure or de facto wars, whether declared or not, hostilities, civil disturbances, strikes, riots, thefts, pilferage, epidemics, quarantines, medical or customs regulations, delays or cancellations of or changes in schedules, or overbooking or defaults, or from any causes beyond our control.


PRIVACY

We hold any information you provide to us under strict confidentiality.

If you choose to book a holiday or request further information, we may keep your details on file to send you new versions of our newsletter or to give you details of special offers. We do not sell our customer details to anyone.

If you wish us to remove any details we may have stored simply send an email to hello@womenandwavessociety.com with your full name, address, postcode and email address requesting that we remove your details

Please note that we’re required by law to retain information on financial transactions we’ve had with our customers.

If you have any further questions on our privacy policy please do not hesitate to contact us.


SPECIAL REQUIREMENTS

If you have any special requirements, such as wheelchair assistance or dietary requirements, please email hello@womenandwavessociety.com

Please note that we can’t always guarantee special requests.


DATA PROTECTION NOTICE

We may contact you via email with further information on the latest offers, brochures, products or services which we believe may be of interest to you, from hello@womenandwavessociety.com

Please see our privacy policy for more details.


HEALTH AND SAFETY

Visit gov.uk for the latest information about health whilst travelling overseas. You can also find details on the latest safety and security issues, travel advice, and local laws and customs.

Surfing is physically demanding. You need to be a competent swimmer and be able to swim at least 50 metres.

If you’re in any doubt about your physical or mental fitness. or swimming ability, you should consult your doctor before booking your holiday. Only proceed if you’re advised that it is safe to do so.

You must tell us about any medical condition or disability before booking. It’s your responsibility to keep healthy and safe on holiday. Be aware of the need for sun protection and the dangers of over exposure to the sun.


LINKS TO OTHER SITES

Within this site there are several links to other websites. Neither Women + Waves or third party suppliers will be responsible for these sites and their contents. Please ensure that you read their terms and conditions and privacy policies.


JURISDICTION

All agreements will be made in England and be governed by English law and be subject to the exclusive jurisdiction of the English courts.

This issue of terms and conditions was updated on 3/6/2020 and supersedes all other versions.

For further information on surfing or to book a holiday or lesson, email us or call us on +44 (0) 1637 226017


TRAINING ACADEMY TERMS & CONDITIONS

THE TERMS AND CONDITIONS OF CONTRACT BETWEEN OUTDOOR ACTIVITY INSTRUCTOR ACADEMY LIMITED AND ITS CLIENTS

Outdoor Activity Instructor Academy Limited is registered in England under company number: 13320238 with offices at,


Outdoor Activity Instructor Academy
60 Fore Street,
Newquay,
Cornwall,
TR7 1LW


The company provides education, coaching, training and mentoring services and support to Customers (‘the customer/’you’/’your’).

References to ‘events’ or ‘programmes’ or ‘courses’ in these Terms and Conditions are references to online and live training, one to one and group sessions.


DEFINITIONS

“OAIA”, Outdoor Activity Instructor Academy, the “company” or “us” means Outdoor Activity Instructor Academy Limited

Please carefully read the following terms and conditions relating to your participation in the Company’s products/events/seminars/courses/workshops.

For the sake of these terms and conditions products/events/seminars/courses/workshops will be collectively referred to as ‘Courses’. By registering for or purchasing the course you (the ‘Buyer”) signify your acceptance of and obligation to these terms and conditions. If you have objections to the following Terms and Conditions, you should not register for, or purchase our products, courses or events.


ENGAGEMENT

You hereby acknowledge and agree that you have read all the terms and conditions and you agree that the Application Form together with these Terms and Conditions form a contract between you and Outdoor Activity Instructor Academy Limited. These terms and conditions (the “Terms”) and any credit approval application (“Credit Application”) are the basis of the contract (the “Contract”) between OAIA (“Outdoor Activity Instructor Academy Limited”/”us”/”we”/”our”) and you.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms which will apply at that time.


THE CUSTOMERS

The customers of the programme are those persons who obtain access to the Services of the Outdoor Activity Instructor Academy by:

Making full or part payment of the fees in accordance with this Agreement

Only persons aged 18 year of age or over and who are able to enter into a binding agreement are eligible to become Customers of the Company.


APPLICATION OF THESE TERMS

Payment of the deposit (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.

We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enrol on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.

If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or iOAIAcurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.

Applications will only be accepted with payment of the deposit, although please note that some courses require payment of the full fee. Please note that any deposits are non- refundable. If your course requires you to have a particular qualification, you must provide proof of that qualification when enrolling.

The balance of course fees (i.e. the total fee(s) less any deposit previously paid) is due immediately in full by 1st December 2020. If the balance is not paid, we reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student. All course bookings are subject to availability.

Bookings made via third parties – Outdoor Activity Instructor Academy work with a number of third-party resellers for various courses. If customers have engaged with and enrolled via a third party all details of the enrolment process will be held with that third party, all queries relating to the enrolment process should be directed to the third party in question. Outdoor Activity Instructor Academy are only responsible for the delivery of the product purchased.


AGREEMENT

By joining as a Customer of the Company you agree to be bound by this Agreement and that the contents here of will govern your relationship with the Company. This agreement informs you of the terms and conditions applicable to your customer-ship of the Company. Before you decide to join the Company as a customer it is important that you: Read these terms and conditions carefully and make sure that you take special note of the cancellation and refund policy, the limitation of liability and your release contained in the Agreement.

Retain a copy of the Agreement for your future reference. Make sure that you are satisfied with the Privacy Policy of the Company


DISCLAIMERS

By law we can only guarantee your satisfaction with our training, not your results. Our courses and programmes are for your educational and informational purposes only. As stipulated by law, we make no guarantees that you will do well, achieve any results or make any money from our information, and we offer no professional, legal, therapeutic, or financial advice. Our training cannot replace or substitute for the services of certified professionals in any field, including, but not limited to, financial, health, or legal matters.

We do not purport anything we do or teach as a “get rich scheme,” and any financial numbers outlined in our training are examples, opinions and illustrations, and thus should not be considered average earnings, exact earnings, or promises for your actual or future performance. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your or anyone’s future success or results. Check with your accountant, lawyer or professional advisor, before acting on this or any information.


LIABLITY WAIVER

You alone are responsible and accountable for your decisions, actions and results in life, and by registering for our courses, workshops, events, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. You agree that Outdoor Activity Instructor Academy is not responsible for the success or failure of your business or personal decisions relating to any information presented by Outdoor Activity Instructor Academy, or our Outdoor Activity Instructor Academy products or services, and you specifically release our founder, Robert Barber, or our representatives or contractors from liability for any special or consequential damages that result from the use of, or the inability to use, the information or strategies communicated through our Seminars, Courses, product materials, websites, or any services provided prior to or following this program, even if advised of the possibility of such damages or caused by negligence of the company or its representatives. You, the buyer hereby accepts all risk to his or her business and health excluding personal injury or death that may result from the companies’ negligence whilst the buyer has been participating in the courses.


LIMITATION OF LIABILITY

Notwithstanding any other provision in this Agreement, nothing will limit your statutory rights; or will exclude or limit Outdoor Activity Instructor Academy Limited’s liability for:


  • Death or personal injury resulting from negligence
  • Fraud or fraudulent misrepresentation
  • Any matter for which it would be unlawful for the Company to exclude or attempt to exclude its liability.


Outdoor Activity Instructor Academy will not be liable, in contract or tort in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:


  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses; or
  • Wasted management or office time
  • Any other loss or damage of any kind suffered as a result of or incurred arising out of or in connection with the provision of the Services in terms of this Agreement even if such losses are foreseeable or result from a breach by Outdoor Activity Instructor Academy or as a result of any action we have taken in response to any breach by the Customer.


The customer hereby releases and holds Outdoor Activity Instructor Academy, its agents, representatives and employees harmless from all liability, which they may at any time, have to the customer (except for gross negligence) resulting from:


  • The training and/or any portion of the training in which the Customer voluntarily participates
  • Any negligent acts or omissions
  • Actions
  • Damages
  • Proceedings
  • Claims
  • Costs
  • Demands


BUYERS CONDUCT

The company requires all buyers to be respectful and professional to our staff, location hosts, coaches, and other customers and their guests or families throughout the course of any programme.

The company reserves the right to ask the buyer and /or their guests to leave the venue immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Buyer’s tuition/fees for the course will not be reimbursed under any circumstances and they will not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.


LATE PAYMENTS

Where payments are made by agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the release of examination results and/or delay the marking of course work until outstanding sums are paid. We reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student. No refund of any course fees paid by you will be made. We also reserve the right to charge interest on late payments at a rate of 8.75% above the base rate from time to time of Lloyds Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. If you are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.


CHANGES AND CANCELLATIONS BY YOU

Cancellation under the Distance Selling Regulations

If you are a consumer and make a booking via our website or by telephone, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 (‘Distance Selling Regulations’) during the cooling off period of 14 calendar days from date of purchase. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to enrol on a course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office. A cancellation form is available on request.

If you exercise your legal right to cancel under the Distance Selling Regulations, you will receive a full refund of the price you paid when booking and we will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

Your legal right to cancel a Contract starts from the date when you purchase a course or other product/service from us – which is when the Contract between us is formed. You have a period of 14 (fourteen) calendar days in which you may cancel the booking, starting from the day after the day when the booking is made. If this period ends on A public holiday, then the period will be extended until the next working day.

If your course is due to start within the cancellation period, then your legal right to cancel is as follows:

If your course (online or practical workshop) has started and ended during the cancellation period, then your legal right to cancel will not apply

If your course has started but is due to end after the cancellation period, then your legal right to cancel still applies. However, you will have to pay a proportion of the course fee which we will base on the total price of the course and the period of the course from the start date to the date of cancellation.

Online courses commence from the date that you receive your login details or receive the product.


OTHER RIGHTS OF CANCELLATION

We understand that occasionally, due to unforeseen circumstances, applicants may need to alter or cancel their arrangements. In these cases, every effort will be made to accommodate the change, although please be aware that it may not always be possible. There may also be a delay in enrolling you onto an alternative course. To request an alteration or to cancel your course booking you must send a letter or email of cancellation, together with an alternative booking (where applicable) to our customer service team.

Any alterations and/or cancellations are at our discretion and are subject to an administration fee, as outlined below.

Where you wish to transfer to an alternative course and we are willing to accommodate your request then any fees paid, including the deposit, will be transferred to the alternative course;

or

Where you wish to cancel your course booking but do not wish to enrol on an alternative course, where approved by us in writing (at our discretion), we will refund you the balance of the fees paid, less the deposit.

The following administration charges will apply to all cancellations or alterations. No cancellations will be refunded after the 1st December 2020.


Failure to attend or cancellation of an exam (all courses) will be liable to an administration fee of £150.00.

Changes to workshop attendances will be liable to administration fee of £150, details will be confirmed to you when requesting the change. Please contact our Customer Services to discuss further.


In cases where a refund of fees is due, this will be returned to you (at our election) either by cheque or a direct refund on to the credit/debit card used as the original method of payment.

The administration fee will be deducted from the amount refunded. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

If you wish to transfer courses more than once, we reserve the right to charge an administration fee in respect of each individual transfer and/or alteration.

In respect of the Outdoor Activity Instructor Course, if any of the assessments result in a fail then it will fall upon the student to pay for re-assessment. When possible, Outdoor Activity Instructor Academy will supply further training at no further cost to the pupils in order to assist in their re-assessment and future success.

We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of course materials, online learning registrations and/or tutor time. You will be notified of any charges that may be applicable on cancellation.


CHANGES AND CANCELLATIONS BY US

If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel course dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course at your preferred venue, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your course, we will ask you to return any course materials to us in the condition as originally delivered to you and refund to you any fees paid to date when we receive the materials as required.

We reserve the right to remove from any course, students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.


VENUS

You will be expected to attend face to face contact days within one of Outdoor Activity Instructor Academy designated venues. Whilst within each facility, you must adhere to all health and safety policies of the venues you attend.


PRICE

Where stated prices quoted are inclusive of VAT.


EXCLUSIONS

Note that events are not residential and do not include accommodation or food and beverages unless stated.


PAYMENT TERMS

These are “pay in full” at the time of purchase or external third-party finance agreement. Payment plans may be offered in certain circumstances.


CONSEQUENCES OF FAILURE TO PAY

If payment is not made within the time limits set out above, this will be a breach of contract by the client entitling Outdoor Activity Instructor Academy to treat the contract as at an end and reallocate the bookings and/or tickets without notice to the client.

In the event of Outdoor Activity Instructor Academy treating the contracts as at an end Outdoor Activity Instructor Academy shall be entitled to retain all sums already paid by the client, and the full balance, if any, of the price of the booking shall become immediately payable by the client to Outdoor Activity Instructor Academy. This is without prejudice to Outdoor Activity Instructor Academy rights to claim damages from the client in respect of any loss suffered by Outdoor Activity Instructor Academy.


CANCELLATION OR VARIATIONS BY THE CLIENT

Cancellation: Any notice of cancellation by the client of a booking or part of a booking must be made in writing by letter or email sent to Outdoor Activity Instructor Academy. Refunds will be made within 30 days of receipt of a correct cancellation notice. The exception to this is if you have accessed the course (online or practical workshop) or any other course/product in which case you will not be entitled to a refund or cooling off period of any kind.

Once the Buyer registers for the event or purchases the product or programme, Outdoor Activity Instructor Academy makes extensive arrangements and investments while anticipating their tuition and attendance, and, in the case of their cancellation, incurs significant administration hassles, expenses, and loss of business. Given this fact we do not accept cancellations or issue refunds beginning 14 days after Buyer has registered for the event or purchased the Programme whatsoever.


ASSESSMENT DEFERRALS

If a student refers their assessment due to illness or any further reason there will be an admin fee of £250 to be reassessed at a later date. All resits of the practical assessment are subject to availability.

If assessment amendments or resits are required, students may contact info@newquayactivitycentre.co.uk with any changes to assessment dates so that Outdoor Activity Instructor Academy can update registers, inform tutors and arrange for the amendment fee to be charged. The change will be registered on receipt of payment of said charge.


ATTENDANCE OF PRACTICAL WORKSHOPS:


  • Once your date is confirmed your course or programme is non- transferable and non- refundable.
  • Under certain reasonable circumstances, a request to change the date once will be considered by Outdoor Activity Instructor Academy and at its sole discretion and if agreed will be subject to a £150 administration fee.
  • All variations are subject to availability and at the discretion of Outdoor Activity Instructor Academy.


ALTERATIONS TO ADVERTISED PACKAGES

All advertised packages are subject to availability.

Every reasonable effort will be made to adhere to the advertised packages; however, any packages may be altered, or dates changed either before or after confirmation of the booking. Where such alterations, omissions or changes of date occur prior to the confirmation of the booking, Outdoor Activity Instructor Academy Limited accepts no contractual liability. Where such alterations or changes of dates occur after confirmation of the booking, Outdoor Activity Instructor Academy agrees to use endeavours as it considers to be reasonable to make alternative packages available.


INVESTMENT AND PAYMENT

You must pay to Outdoor Activity Instructor Academy Limited in consideration of the products and/or services offered by the Provider:

(a) The fee specified at time of purchase and registration in one lump sum without set off, deduction or counterclaim; or

(b) If we have agreed that you may pay by Instalment, you must pay each Instalment without deduction on the Instalment Payment Date required by us and as communicated.

Payments made under this agreement must be made by the means specified.

If you fail to pay an Instalment sum by the Instalment Payment Date for that sum then ALL monies owing by you (which includes the full customer-ship and additional company fee) shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for any further demand.

If Payments are not made by the due dates, your course/programme/event may be cancelled, and no refund or credit will be given, and the full amount will become due immediately.


COOLING OFF PERIOD

This agreement shall be voided if you advise us in writing, prior to the 1st December, that you no longer wish to receive Outdoor Activity Instructor Academy Services and/or products by delivering or sending (including by electronic mail) a cancellation notice to Outdoor Activity Instructor Academy Limited. In those circumstances only Outdoor Activity Instructor Academy will refund to you all monies or part thereof, which you have paid to us under this agreement within 30 days of receipt of such cancellation notice. The exception to this is if you have begun the programme (online or practical workshop) or any other programme/product in which case you will not be entitled to a refund or cooling off period of any kind.

You further acknowledge and agree that outside of the 14 day cooling off period; if, at any time or for whatever reason, you decide you do not wish to receive the products and/or services from Outdoor Activity Instructor Academy, you will not be eligible for a refund of any monies you have paid to us under this agreement and the balance of the fees set out in the Order Form will become due immediately and payable by you.


COURSE FEES

The fee payable is set out for you at time of purchase either on an online order form, credit agreement, or through our telephone sales process.

All Customers are deemed to have agreed to our terms on registration unless otherwise advised within the 14 day cool off period.

This is not a credit agreement and as such is not covered by the Consumer Credit Act 1974. The ‘Fee’ is the total amount payable by the Customer over the selected period for the selected service.

Should you choose to pay your customer-ship in one payment on the date of joining, a discount may be applied.


LOCATION OF EVENTS

Outdoor Activity Instructor Academy reserves the right to move any meeting to another venue within a 50 mile radius of the originally named venue on giving not less than 48 hours’ notice to the Customer.

Travel costs, accommodation, meals and refreshments


CANCELLATION BY CUSTOMERS & REFUNDS

Your cancellation notice must contain your full name, address and contact numbers. See section on cancellations for further information on the 14 day cool off period.

You should send your cancellation notices, as well as any other notices you wish to send for purposes of any term of this Agreement, to:

Outdoor Activity Instructor Academy Limited,

60 Fore Street, 

Newquay,

Cornwall 

TR7 1LW

OR Email: info@newquayactivitycentre.co.uk


CANCELLATION OF EVENTS BY OUTDOOR ACTIVITY INSTRUCTOR ACADEMY

(UK ONLY) Should a course be cancelled or withdrawn due to circumstances beyond the Company’s control, the customer will be informed thereof with 24 hours’ notice.

A cancelled course will be rescheduled at the earliest opportunity and the customer will be given 72 hours’ notice of the details of the new course.

No refund of fees or reduction of fees will be due to the customer where a course had to be rescheduled.


PRIVACY POLICY

The company shall hold your personal details on file and on computer in accordance with GDPR regulations 2018.

You may view your individual file at the registered address of the Company, stated above, by giving not less than seven days written notice.


INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

All material provided to you by Outdoor Activity Instructor Academy is owned by the Company; Outdoor Activity Instructor Academy Limited and is protected by copyright.

Any intellectual property rights in the material and content supplied as part of your customer- ship of the Company shall remain the property of Outdoor Activity Instructor Academy

You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content provided by the Company, except with the consent in writing of Outdoor Activity Instructor Academy. Any other use of the material and content is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

The Customer agrees to use all information contained and presented in the meetings of Customers only for the purposes of self-improvement.

The Customer may not record any meeting or any part thereof


SEVERABILITY

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in this Agreement and the remainder of the provision in question will not be affected and shall remain of full force and effect.


NON-WAIVER

Should Outdoor Activity Instructor Academy at any time fail to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the rights or remedies to which the Outdoor Activity Instructor Academy is entitled under this Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. No waiver by Outdoor Activity Instructor Academy shall be effective unless it is expressly stated to be a waiver and is in writing.


GOVERNING LAW AND JURISDICTION

These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.


NON-REPRESENTATION

You acknowledge that you have not relied upon or been induced to enter into this Agreement by any representation other than a representation expressly set out in this Agreement and Outdoor Activity Instructor Academy shall not be liable to you in contract or tort, under the Misrepresentation Act 1967 or in any other way for any representation not expressly set out in this Agreement. Provided that nothing in this Agreement shall affect the Company, Outdoor Activity Instructor Academy liability in respect of any fraudulent misrepresentation.


WHOLE AGREEMENT

This Agreement together with the Schedules sets out the entire understanding between you and the Company in relation to the matters concerning Customer-ship of the Company and no other agreements or understandings, not contained herein, shall be relied upon by you.


VARIATION

Outdoor Activity Instructor Academy reserves the right to make changes to these terms and conditions, which regulate the basis upon Customer-ship of the Company, as may be required.


COMPLAINTS HANDLING

Should you have a problem or complaint we want to know. Most problems can be dealt with by sending a letter or email to the address for notices given above. Outdoor Activity Instructor Academy will endeavour to investigate all complaints and respond as quickly as possible. Outdoor Activity Instructor Academy will acknowledge receipt and confirm the timescales for a full response when a complaint is received.


DISPUTE RESOLUTION

If any dispute arises between Outdoor Activity Instructor Academy and you then we agree to attempt to settle it by mediation. We both remain entitled to seek resolution of any contractual dispute in any court or tribunal without having to undergo a mediation process.


FORCE MAJEURE

If Outdoor Activity Instructor Academy is prevented or impeded from performing any of its obligations as a result of an event over which the Company has no control (‘Force Majeure’) it shall promptly give notice to you stating the circumstances consisting of such event of Force Majeure and the extent and likely duration whereupon such obligations shall be suspended for as long as the event of Force Majeure continues.

If the company is affected by an event of Force Majeure shall make every reasonable effort to minimise the effects thereof and shall promptly resume performance as soon as reasonably possible after removal of the event of Force Majeure.

Where the period of non-performance in relation to any event of Force Majeure exceeds 30 Days from the date of notice of such event of Force Majeure then you or Outdoor Activity Instructor Academy may by written notice terminate this Agreement forthwith.

For correspondence, Contact:

Outdoor Activity Instructor Academy Limited,
60 Fore Street,
Newquay,
Cornwall
TR7 1LW

OR Email: info@newquayactivitycentre.co.uk