Experience Outdoors Terms and Conditions
1. Binding contract
1.1 By accepting these Terms and Conditions, you are entering into a binding agreement on the date of the recorded acceptance, between you (the “Customer”) and the City of Edinburgh Council of Waverley Court, a local authority in terms of the Local Government etc (Scotland) Act 1994, with principal place of business at 4 East Market Street, Edinburgh, EH8 8BG (the “Provider”).
1.2 The Provider reserves the right to refuse or terminate a booking for breach by the Customer of these Terms and Conditions, in which event the Provider will not be required to refund or repay in sums to the Customer.
2.1 Experience Outdoors is managed by the Sport and Outdoor Learning Unit of the Provider.
2.2 The Experience Outdoors website is owned and operated by the Provider.
2.3 Experience Outdoors provides accommodation, equipment and facilities hire, instructional activity options and training courses.
2.4 Customers should, in the first instance, deal directly with the relevant outdoor centre.
3. Booking and payment
3.1 A Lead Booker is required to be appointed for all bookings. The Lead Booker must be at least aged 21 years at the time of booking.
3.2 Bookings can be taken over the phone using a credit or debit card. Payments are processed via Barclaycard Smart Pay Moto.
3.3 For standard bookings (parties that do not require catering and/or activities) payment by the Customer is required in full at the time of booking.
3.4 For large scale bookings (multiple lodges and those that require catering and/or activities), a 25% deposit is required at the point of booking, with payment of the balance due no later than 90 days before arrival. Payment plans can be arranged at the Provider’s discretion. Payment can be made by card, cheque or BACS.
3.5 Residential school bookings have separate Terms and Conditions.
4. Cancellations, curtailments and refunds
4.1 Subject to the terms of Condition 6 below, all payments made by the Customer in connection with booking accommodation, catering or activities are non-refundable.
4.2 Holiday insurance is strongly recommended to cover any loss in the event the Customer cancels their booking.
4.3 In certain circumstances the Provider may permit booking amendments, such alterations to include changing dates or lodges. Amendments are at the discretion of the Provider and subject to availability.
4.4 In the event of the reserved property becoming unavailable and no suitable alternative being possible, the Provider will provide a full refund, or a proportion in case of curtailment. The Provider accepts no liability for compensation or expenses as a consequence of such an event.
4.5 In the event of any disruption to utilities or other factors beyond the Provider’s control, no refund or compensation will be given.
4.6 If cancellation is a result of government Covid 19 restrictions or if a member of the the group are identified as a positive case or close contact we will work with you to provide a suitable solution.
5. Responsibilities of Lead Booker
5. The Lead Booker agrees that:
5.1.1 they will be liable on behalf of the Customer for any and all damage to the accommodation and any associated property, and may be charged for any damage or replacements attributable to improper use of the property or additional/excessive cleaning if required at the sole discretion of the Provider.
5.1.2 if the Customer, or any individual invited to the property by the Customer, misuses the hot tub during the period of the booking, and maintenance or call out is required, the Provider will issue to the Lead Booker an invoice for the relevant sum, and the Lead Booker will pay to the Provider such sum within 14 days of the date of the invoice.
5.1.3 the Customer will not involve a stag or hen party,
5.1.4 the Customer will not bring, or permit others to bring, any pets to the property.
5.1.5 smoking in the grounds, buildings and accommodation of the outdoor centres is strictly forbidden.
6. Liability for loss, damage or injury
6.1 Nothing in this Agreement will operate to limit or exclude the liability of either the Provider or the Customer for:
6.1.1 criminal acts or omissions (including but not limited to fraud or fraudulent misrepresentation);
6.1.2 death or personal injury caused by negligence;
6.1.3 breach of obligations under data protection legislation; or
6.1.4 any other liability which cannot be lawfully limited or excluded.
6.2 The Provider confirms it has public liability insurance in relation to the property. Public liability caters for the Provider's legal liability for accidental death of or bodily injury or disease to any third party or damage to third party property.
6.3 The Provider cannot be held responsible for any loss, damages or injury unless resulting from a negligent act or omission as defined in 6.1 above.
7. Damage to property and contents
7.1 Customers will keep the property and its contents in the same state of repair, as at the commencement of the period of the booking, and will leave the property in the same state of cleanliness and general order in which it was found.
7.2 Any damage must be reported to the Duty Warden at the earliest opportunity.
7.3 Reports of damage must be made by the Customer prior to departure.
8. Satisfaction and resolution
8.1 If for any reason the Customer is not satisfied with any aspect of their accommodation or service, they should notify the Duty Warden immediately in order to give the Provider sufficient opportunity to resolve any issues.
9. Weather and adverse conditions
9.1 Customers agree and acknowledge the following:
9.1.1 Customers are responsible for taking appropriate precautions for their own safety.
9.1.2 Conditions may be severe in rural locations-including snow, water and ice.
9.1.3 Customers should be aware that conditions at the site can be dark.
9.1.4 In the event of road closure or adverse travel conditions the Provider cannot be held responsible and no refund can be given in respect of any booking.
9.1.5 The Provider will use best endeavours to reschedule training courses which are cancelled due to adverse weather or travel conditions.
10. Data Protection and Privacy Notice
10.1 The Customer agrees and acknowledges the terms of the Provider’s Privacy Notice, found at: https://www.experienceoutdoors.org.uk/privacy-policy.
12. Governing Law
12.1 This agreement and any dispute or claim, including a dispute or claim of a non-contractual nature, arising under or in connection with this agreement will be governed by Scots law, and will be subject to the exclusive jurisdiction of the Scottish courts