E-Foil Cornwall Ltd Terms and Conditions
All bookings are subject to these Terms and Conditions:
The following definitions and rules of interpretation shall apply in these conditions:
“E-Foil Cornwall” means E-Foil Cornwall Ltd, Summercourt Cottages, St Martin, Looe, PL13 1NZ. “Conditions” means these terms and conditions for the provision of service. “Contract” means the contract between E-Foil Cornwall and the customer for the provision of services. “Customer” means the person, company, firm or other legal entity, including any employees, agents or subcontractors that place an order or purchase a service from E-Foil Cornwall. “Service” means any product, service or facility offered by E-Foil Cornwall to the customer.
Where the conditions refer to “we, us or our” this means E-Foil Cornwall (together with its employees, agents and contractors). Where the conditions refer to “you, your, or yourself this shall mean the customer (or for the organisation you work for).
A reference to the law is a reference to as it is in force for the time being taking into account of any amendment, extensions, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Application of terms
2.1 These Conditions are the only conditions upon which E-Foil Cornwall is prepared to deal with the customer. The Conditions shall be incorporated into the Contract to the entire exclusion of all other terms and conditions (including any terms and conditions which the customer purports to apply under any purchase order, confirmation order, specification or other document).
2.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the customer or implied by the law, trade, custom, practice or course of dealing.
2.3 The Customers purchase order, or the Customers’ acceptance of a quotation for Services by E-Foil Cornwall constitutes an offer by the customer to purchase the services specified on these Conditions. No offer placed by the Customer shall be accepted by E-Foil Cornwall other than:
2.3.1 by a written acknowledgement issued and executed by E-Foil Cornwall; or
2.3.2 (if either) by E-Foil Cornwall starting to provide the services, when the contract for the supply and purchase of those services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
Participants must be 14 and over and weigh less than 100kg.
3.1 The Customer may make a booking with E-Foil Cornwall by telephone, email or via our website. Please note that places cannot be provisionally booked.
3.2 To help you find the right product please read the product description carefully. Once you have made your choice of service and dates, and have read the booking conditions please make your booking with the appropriate payment. Booking cannot be accepted without prior and appropriate payment. All product payments must be made prior to arrival.
3.3 Please note that individuals cannot be provided with credit terms.
3.4 Before providing credit terms for any organisation we will have to agree. An official purchase order will be required to secure a booking and credit references may be taken up. When we agree to a purchase order it will need to be attached to your booking form.
Payment for lessons and experiences
4.1 Bookings cannot be confirmed or reserved by E-Foil Cornwall until we have received the appropriate payment.
4.2 Full payment at the time of booking is required for all bookings.
4.3 E-Foil Cornwall reserves the right to cancel any bookings without prior notice if full payment is not received in accordance with condition 4.4 with no refund.
Amendments to bookings by the Customer
5.1 The customer may be substituted by another provided that at least 6 days notice is given to E-Foil Cornwall and that the substituted customer satisfies the booking terms and conditions.
5.2 The Customer may request to change their booking up to 7 days prior to the trip. It shall be at E-Foil Cornwall’s sole discretion as to whether such a change shall be accepted.
5.3 If a customer is unsure of the return date then a voucher will be offered to the same value as the booking. The voucher will be valid for 12 months from the date of issue.
6.1 Cancellations by the Customer:
6.1.1 Prior to 7 days before the booking date a refund will be offered if the trip is cancelled. The refund will be subject to a fee of 10% of the deposit made.
6.1.2 Within 7 days of commencement of the trip, no refund of payment or deposit will be available. A voucher will be offered to the same value as the booking, which will be valid for 12 months from the date of issue.
6.1.3 You shall forfeit all fees in entirety if 24hrs or less notice of cancellation is given.
6.1.4 You are advised to insure against and check whether your own personal insurance policy provides cover against cancellation.
6.2 Cancellation by E-Foil Cornwall
6.2.1 E-Foil Cornwall will use reasonable endeavours to ensure that your trip/charter takes place in accordance with your booking. However, E-Foil Cornwall reserves the rights to cancel without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.
6.2.2 Where E-Foil Cornwall cancels a trip/charter you will be offered the following options.
– an alternative trip/charter on the same date or a different set of dates, with any differences in value refunded.
– a voucher to the same value of the trip booked which will remain valid for 12 months.
– the fee paid, minus 10% booking fee.
7.1 In addition to the enjoyment of an activity, safety is of paramount importance on all of lessons and experiences. Paddle boarding and E-Foiling are adventurous activities are hazardous by their nature and participants, parents and guardians must accept that there are risks during fast moving adventurous water based activities. In providing a safe system of work and to manage associated risks;
7.1.1 We provide a range of personal protective and safety equipment for participant’s safety and comfort.
7.1.2 We reserve the right to modify or cancel an activity if we feel there are unmanageable risks.
7.2 The Customer must comply with all safety guidelines and instructions given by E-Foil Cornwall and its staff.
8.1 Customers participating in E-Foil Cornwall services must expect to be involved in adventurous activity. Customers must be in general good health and must satisfy themselves that the activity is within their abilities.
8.1.2 The Customer must make E-Foil Cornwall aware as part of the booking process any injuries and or illness they have or that occurs after the booking and prior to the trip/charter commencement.
8.2. E-Foil Cornwall reserves the right to refuse a booking on medical grounds if the medical condition is considered to be detrimental to the safety and smooth running of the activity.
8.3 Customers should be aware that there is a short walk from the parking point to the activity location. This is less than 5 minutes walk. Customers need to take care on the slipway down to the beach as it can be slippery with sand or water on.
8.4 If you are a carer of a person with a disability, you are agreeing to take responsibility for that person and agree that they are able to follow safety instructions efficiently on the water and confirm an individual risk assessment of the activity verbally prior to undertaking the activity, as well as signing the waiver.
9.1 If the customer encounters a problem or issue relating to the services being provided by E-Foil Cornwall, we will try and resolve such problem or issue as soon as possible. If the problem or issue fails to be resolved the customer must report it to the office.
10.1 The Customer and members of the customer’s party are required to have consideration for other people. If, in E-Foil Cornwall, and its staffs reasonable opinion, the customer or any member of the customers party behaves in such a way as to cause, or be likely to cause, danger, upset or distress to any third parties or damage to property, E-Foil Cornwall is entitled to terminate without prior notice the lesson/experience for the persons concerned. Such persons will be required to leave the lesson/experience and no refunds will be made.
10.2 The Customer shall be liable for any damage or loss suffered by E-Foil Cornwall as a result of disruptive behaviour.
The copyright and all other intellectual property rights in the products and services shown on the website and leaflet and other materials remain at all times the property of E-Foil Cornwall.
Limitations of Liability– THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
12.1 E-Foil Cornwall is not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
12.2 E-Foil Cornwalls total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Customer for the Services.
12.3 For the avoidance of doubt, E-Foil Cornwall shall have no liability for any loss or damage suffered by the Customer or any other person as a consequence of any negligence or wrongful act on the part of the Customer.
12.4 The Customer is advised to insure against injury or losses incurred during their booking with E-Foil Cornwall and arrange suitable medical cover for such booking.
Photographs or Video Clips
Photographs or Video clips may be taken during your lesson/experience may appear on our leaflet or on our website or on social media. If customers do not wish to be photographed or filmed this should be raised with E-Foil Cornwall prior or during the activity.
Circumstances Beyond our Control
E-Foil Cornwall shall have no liability to the customer under the Contract if it is prevented from or delayed in performing its obligations under the contract or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond its reasonable control including but not limited to act of God, war, invasion, rebellion, riot or civil commotion, disorder, malicious damage, fire, flood, epidemic/pandemics, quarantine restrictions, strikes, lockouts or other industrial disputes (whether involving the workforce of E-Foil Cornwall or any other party), failure of a utility service or transport network, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
Rights of Third Parties
A person who is not party to this agreement (except, where applicable, any successors and permitted assigns) shall not have any rights under or connection in any with it by virtue of the contracts (right of third parties) Act 1999.
E-Foil Cornwall Limited reserves the right to waive any or all the conditions.
17.1 The contract or any dispute or claim arising out of or in any connection with it or its subject matter, shall be governed by and constructed in accordance with English and Welsh law as applied in Wales.
17.2 The Customer irrevocably agrees that any dispute or claim that arises out of or in connection with the contract or its subject matter will be dealt with under the exclusive jurisdiction of the courts of England and Wales.