DEFINITIONS IN THESE TERMS AND CONDITIONS
- The name of the business is Compassworks.
- The Customer means any person, firm, company or other legal entity which places an order or buys services from Compassworks and includes the employees, servants, agents or sub-contractors of any such person, firm, company or other legal entity.
- Service means any products, courses, activities, or services offered by Compassworks.
- Contract means a contract between Compassworks and The Customer for the provision of services.
- Statutory Interest means statutory interest for the Late Payment of Commercial Debts (Interest) Act 1998.
- Terms and Conditions means these terms and conditions of provision.
APPLICABILITY OF TERMS AND CONDITIONS
- These Terms and Conditions shall be incorporated into The Contract and shall apply in place of and prevail over any Terms and Conditions contained or referred to in any communication from The Customer or implied by custom or practice. Compassworks expressly rejects other Terms and Conditions.
BOOKING CONDITIONS
- The Contract shall be formed when Compassworks acknowledges acceptance of The Customer’s booking form and required payment.
- Participation in outdoor activities entails some risk of injury. All staff employed by Compassworks are trained and appropriately qualified to run relevant sessions and will at all times proceed in a manner to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
- The Customer is responsible for the safekeeping of all equipment issued for use during the course. With the exception of fair wear and tear, Compassworks reserves the right to charge for equipment that has been lost or misused.
- All bookings are on the basis that The Customer will, at all times, observe the safety regulations set by Compassworks.
- The Contract is subject to availability of a course place/date and the acceptance by The Customer of these Terms and Conditions.
- Neither the Compassworks website, nor literature constitutes an offer and Compassworks may correct any errors or omissions to its published prices at any time prior to the confirmation of The Contract in accordance with this condition.
- Compassworks reserve the right to decline any booking at their discretion.
- No bookings will be accepted for persons under 18 years of age unless accompanied by their parent or legal guardian and agreed with Compassworks.
- All information is produced in good faith, that it is accurate at the time of publishing.
- Any current price list replaces all previous price lists.
- By placing a booking, The Customer accepts that they have read and are accepting to be tied by these Terms and Conditions.
GIFT VOUCHERS
- All vouchers have a 1-year expiry date from the date of purchase. After this date, the voucher will not be redeemable.
- These can be used against all our courses.
- Vouchers cannot be redeemed for a cash value.
- Any refund for a course or session paid for with a voucher will be the same value voucher but with a new expiry date.
FEES – SCHEDULED AND PRIVATE COURSES
- Places can only be reserved by Compassworks receiving a completed booking form and a non-refundable 50% deposit (where applicable); or for the full amount of the course.
- The balance of the fee is payable 30 days prior to the commencement of the course. In the event that the balance is not paid, Compassworks will have the discretion to treat the booking as cancelled by The Customer. The time for payment shall be the essence of The Contract.
- The whole course fee is required to reserve a place for any booking made within 30 days of the commencement of the course.
- For online bookings, the whole course fee is required to reserve a place on a course.
FEES – GROUP BOOKINGS (6 PERSONS OR MORE)
- Provisional bookings must be confirmed by payment of a 25% non-refundable deposit within 14 days of the date of the provisional booking email.
- The balance will be due 30 days prior to the course. In the event that the balance is not paid, Compassworks will have the discretion to treat the booking as cancelled by The Customer. The time for payment shall be the essence of The Contract.
- Should a booking be made within 30 days of the commencement of the course, the whole fee is required at the time of booking.
CHEQUES
- Cheques should be made payable to ‘Martin Williams’ and sent to:
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- Compassworks, 10 Drovers Way, Woodlands, Ivybridge, Devon PL21 9XA.
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AMENDMENTS BY THE CUSTOMER
- Substitution of the original customer for another can be made provided at least 1 weeks’ notice is given by the substituted customer to Compassworks and the substituting customer satisfies the requirement of the course. All substitutions must be made with the consent of Compassworks with both the substituted and substituting customer being jointly and severally liable for the total course fee.
- Group bookings only: Variations in numbers must be agreed in writing and may incur additional charges. No variations will be accepted within 1 weeks of the booked date.
CANCELLATIONS
- Deposits (where applicable) are non-refundable. You are advised to take out your own travel insurance when you book. This may allow you to recover prior payments (usually less an excess) if you have to cancel and the circumstances of your cancellation are covered by the insurance contract.
- Course sizes may be increased or decreased at the discretion of Compassworks. Compassworks gives no undertaking as to the minimum or maximum size of a course but do undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principle objectives of the course can be achieved. Similarly, Leaders, Guides, Instructors, and support staff named in course descriptions, anywhere in the literature or on the website, may be changed at any time.
- Compassworks reserves the right to cancel any course which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. Compassworks will endeavour to ensure that a course runs if possible. If your booking is likely to be cancelled under such circumstances, Compassworks undertakes to inform you as soon as possible; this may occur after the balance due date but will not occur less than 72 hours before the course start date.
- Anyone booked onto a course which is cancelled by Compassworks, will be entitled to a full refund, or entitled to transfer to another course and no transfer fee will be payable. Should you transfer to another course any difference in price will be invoiced or credited accordingly.
- Similar cancellation terms are adopted throughout the travel industry and cover the costs of advance payments made by Compassworks, and the effect of your booking having prevented others from taking your place. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the policy.
CANCELLATION BY THE CUSTOMER
- All cancellations must be in writing and sent either by post or email. Compassworks will acknowledge a cancellation within 5 days of receiving it. Until The Customer has received confirmation the original booking remains valid.
- The Customer will be charged on the following basis:
- Deposits are non-refundable.
- 75% of the total course fee where cancellation takes place within the period of 4 weeks or less before the commencement date of the course; or
- 100% of the total course fee where cancellation takes place within the period of 2 weeks or less before, or after, the commencement date of the course.
CUSTOMER CANCELLATION INSURANCE
- We have Professional Indemnity insurance but would always recommend that you purchase your own personal accident insurance (including cancellation insurance) for all courses. It is a small cost to give peace of mind and to protect against any monetary loss, should you have to cancel your place on a course for reasons beyond your control.
CANCELLATION BY COMPASSWORKS
- Whilst every attempt is made to ensure that courses/activities actually run, Compassworks will notify The Customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
- Compassworks shall notify The Customer of potential cancellation not less than three days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
- In the event of a course being cancelled by Compassworks, we will offer the opportunity to transfer to another Compassworks course or refund monies paid. This will be the limit of our liability and we will not refund loss of earnings, loss of leave or any associated travel or accommodation costs.
COURSE/SESSION TRANSFERS
- Customers are able to transfer a maximum of once onto another course or session.
- Course/sessions transfer will forfeit their right to refund if a course/session does not reach minimum numbers to run.
HEALTH
- Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section on the booking form must be completed as part of the booking process. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported to Compassworks. The Customer must satisfy him/herself that taking part in the course is within his/her own capabilities. Compassworks reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the course.
SAFETY REGULATIONS
- All participants on Compassworks courses should note that participation in any outdoor activity has a degree of risk involved. Participants are reminded that they have a duty of care to all other participants and to all employees of Compassworks. In the interest of safety for all participants, the decisions of any leader employed by Compassworks is final, we reserve the right to exclude any participant who we feel may be a danger to themselves and/or others. Should a leader take such action, that person would not be entitled to any refund.
- All Compassworks events are ‘risk assessed’ so that we reduce the amount of risk to participants to an acceptable standard. The nature of the ground and weather conditions experienced on Dartmoor are changeable and as such participants should be aware of the inherent risk of injury which in extreme cases may prove fatal when operating on high moorland.
UNRULY BEHAVIOUR
- Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
PERSONAL PROPERTY
- Property belonging to The Customer is at all times the responsibility of The Customer unless any loss or damage is due to any negligence by Compassworks or its representatives.
FORCE MAJEURE
- Compassworks shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of Compassworks other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of Compassworks including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
LIABILITY
- Compassworks will not be liable where any failure in the performance of The Contract is due to: you; or a third party unconnected with the provision of the course and where the failure is unforeseeable or unavoidable or any other unusual and unforeseeable circumstances beyond Compassworks control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which Compassworks or its suppliers, even with all due care, could not foresee or forestall. Compassworks shall not be liable for any illness, injury or loss of life sustained on any course, except where such illness, injury or loss of life is caused by the negligence of Compassworks or its employees, nor will Compassworks be liable for any uninsured loss of personal property.
- For all courses, you are advised to have insurance that covers you for all of the activities.
ACCIDENTS
- All accidents must be reported as soon as they occur, no matter how minor, in order that they can be adequately documented. In all cases, all accidents must be reported within 1 calendar month of their occurrence, even if the final extent of the injury is not known. Compassworks will not accept liability for accidents reported to us outside of this time limit.
PHOTOGRAPHS
- From time to time photographs taken on Compassworks courses may appear in Compassworks promotional material including their website and social media. If customers do not wish to be photographed please raise this with the course instructor at the time.
DATA PROTECTION
- The personal information requested by Compassworks at the time of booking plus any subsequent information is held digitally. The information is required to assist Compassworks to deliver the course and in maintaining Compassworks high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details will be used to advise you of future offers by post, email, SMS, or phone ONLY if you have given us your permission to do so. If you have not given us your permission to keep you up to date with what is happening at Compassworks, we are unable to contact you for this purpose.
APPLICABLE LAW
- The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the English Courts. Compassworks reserves the right to vary or omit any of these terms and conditions at any time.
- The statutory rights of The Customer are not affected by the above.
GENERAL
- Only Compassworks Owner/Directors may promise a refund or offer compensation. Compassworks Instructors or Representatives are not entitled to promise a refund nor to offer compensation and Compassworks will not be bound by any such promise or offer.
- These booking conditions may only be waived or amended by Compassworks Owner/Directors. Such waivers or amendments will only be made in special circumstances and must be made in writing to be effective.
- When making your booking, it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them.
- Compassworks shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998 and to comply with the General Data Protection Regulation).
RECOMMENDED CLOTHING – NAVIGATION COURSES
Compassworks courses involve outdoor work, sometimes in static locations for prolonged periods, on semi-rough open moorland in variable weather conditions. We strongly recommend the following items of clothing and equipment:
- Base and Mid Layer clothing suitable for the time of year
- Warm additional layers
- Waterproof jacket and trousers
- Small rucksack
- Hat and gloves / Sun hat and Sun cream (dependent upon time of year)
- Walking boots (preferred over walking shoes as they give little ankle support)
- Water container and / or flask
- Spare clothing.
Please note that jeans and trainers are not recommended for use on outdoor events and courses and you may be excluded from taking part in any outdoor activity if you wear unacceptable clothing.
RECOMMENDED CLOTHING – OUTDOOR FIRST AID COURSES
Compassworks outdoor first aid courses are practical and active but in static locations for prolonged periods and will require you to kneel, bend and lay down either as the first aider or the casualty. As such you should bring the following:
- Comfortable, non-revealing clothing suitable for rolling around on the floor and getting dirty.
- Waterproof jacket and trousers that you can lie and kneel on the open ground in whatever the weather
- Hat and gloves / Sun hat and Sun cream (dependent upon time of year)
- Walking boots or Wellington boots as well as clean footwear for indoor use.