Terms and Conditions

Bookings with Manor Farm Sports are subject to our terms and conditions which are given below.

1. Interpretation
1.1 In these Conditions:
1.1.1 “Activities” means the activities to be provided to the Party at the location set out in Our booking confirmation
1.1.2 “Conditions” means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between You and Us
1.1.3 “Party” means the persons to whom the Activities are to be provided
1.1.4 “We” means AG, EA, & HA Paton trading as Manor Farm Sports and “Our”, Ours” and “Us” shall be interpreted accordingly
1.1.5 “You” means the person who signs the booking form on behalf of the Party and “Your” and “Yours” shall be interpreted accordingly
1.1.6 “Writing” includes facsimile transmission, electronic transmission and comparable means of communication
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2 Basis of Sale
2.1 These Conditions apply to the booking of the Activities.
2.2 These Conditions contain important information concerning participation by You and members of your Party and, accordingly, You acknowledge and agree that You shall ensure that all members of your Party are aware of and accept these Conditions.
2.3 No variation to these Conditions shall be binding unless agreed in writing between You and Us.
2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of booking, invoice or other document or other information issued by Us shall be subject to correction without any liability on Our part.
2.5 We reserve the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.

3 Booking Confirmation
3.1 No booking shall be deemed to have been accepted unless accepted in Writing by Us.
3.2 You and each member of your Party will be required to sign a disclaimer (the “Disclaimer”) before being allowed to undertake the Activities.
3.3 You must advise Us as soon as possible of any mistake in Our booking confirmation.
3.4 We shall use Our reasonable endeavours to ensure that Your and Your Party’s participation commences at the time booked and it shall be the responsibility of each participant to arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.

4 Safety
4.1 All participants will receive a safety briefing from an instructor.
4.2 We reserve the right to refuse admittance to the Activities or to remove a participant from the Activities should We in our absolute discretion deem it necessary to do so. This includes a participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs.
4.3 After the safety briefing participants will not be directly supervised by an instructor. Each participant must sign the Disclaimer stating that he or she will accept responsibility for the safety of him or herself.
4.4 All participants shall be required to wear such safety equipment as We in our discretion deem appropriate for the particular Activities in which those participants are taking part.
4.5 Participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. We recommend that pregnant women should not take part in the Activities. Pregnant women will be required to sign the Disclaimer confirming that they are aware that there are risks to them and to their unborn child and that participation in the Activities is at their own risk.
4.6 All participants are required to act responsibly and courteously at all times and to respect other participants. We shall be entitled in our absolute discretion to prevent any person from undertaking or completing the Activities in the event we consider the behaviour of any participant to be unsuitable.
4.7 Participants must be dressed appropriately and We reserve the right to refuse admittance to the Activities to any participant who is not appropriately dressed (see Condition 5 below).
4.8 No refunds or compensation will be payable by Us in the event that any participant is not permitted to, or decides not to undertake or complete the Activities, for the reasons set out in this Condition 4.

5 Clothing
5.1 It shall be the responsibility of all participants to ensure that they are dressed appropriately and We advise participants to wear clothing appropriate for the weather conditions and which they do not mind getting damaged. In particular the following restrictions shall apply:
5.1.1 participants may not undertake the Activities in sandals or slip-on shoes;
5.1.2 participants must wear sturdy boots;
5.1.3 long hair must be tied back;
5.1.4 waists must be covered and piercings removed or taped over for comfort; and
5.1.5 legs and feet must be covered at all times so no short trousers skirts or dresses may be worn
5.2 We will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.

6 Cancellations
6.1 You shall be entitled to cancel Your booking subject to Our receiving your request for cancellation at least ten days before the booked start time and date. Any requests for cancellation must be made by letter, fax, or email.  In the event of cancellation Your deposit is not refundable.
6.2 We shall be entitled to cancel Your booking at any time. In the event We decide to cancel Your booking We shall use Our reasonable endeavours to notify You as soon as possible. You shall be entitled to a full refund in the event of cancellation under this Condition 6.2 but no other compensation shall be payable.
6.3 If it become necessary to close the Activities for reasons beyond Our control and in circumstances where Your Party has commenced participation in the Activities, You shall not be entitled to any refund (in part or in whole). In such circumstances We may in our absolute discretion, but shall not be obliged to, offer alternative dates or times at reduced rates.

7 Group Bookings via Account Application Form
7.1 In the event your booking is made by or through Our Account Application Form these Conditions shall be subject to any special terms set out in the Account Application Form. In the event of any conflict between the terms herein and the terms set out in the Account Application Form the latter shall prevail.

8 Price and Payment
8.1 Subject to any terms agreed in writing between Us and You, our charges shall be calculated at our current rates and payment in full shall be due:
8.1.1 as to a non-returnable deposit of 25% of the charges, at the time of booking;
8.1.2 as to the balance, on the date on which You and Your Party have booked to participate in the Activities.
8.2 Payment may be made by cash, cheque, or direct electronic transfer to our bank account
8.3 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to Us, We shall be entitled to:
8.3.1 cancel the contract between You and Us and suspend any further performance of the Activities; and
8.3.2 charge You interest (both before and after any judgment) on the amount unpaid, at the rate of four (4) per cent (%) per annum above Barclays Bank base rate from time to time, until payment in full is made.

9 Refunds
9.1 Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque.  Payments made by cheque will be refunded by cheque.

10 Limitation of liability - YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION 10
10.1 This Condition 10 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of:
10.1.1 any breach of these Conditions;
10.1.2 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
10.3 NOTHING IN THESE CONDITIONS SHALL OPERATE TO EXCLUDE ANY WARRANTY OR CONDITION IMPLIED BY STATUTE IN THE EVENT OF YOUR DEALING AS A “CONSUMER” AS DEFINED BY SECTION 12 OF THE UNFAIR CONTRACT TERMS ACT 1977.  IN SUCH A CASE YOUR STATUTORY RIGHTS ARE UNAFFECTED BY THESE TERMS AND CONDITIONS.
10.4 Nothing in these Conditions limits or excludes Our liability:
10.4.1 for death or personal injury resulting from negligence; or
10.4.2 for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation by Us.
10.5 Subject to Conditions 10.2,10.3 and 10.4 We shall not be liable for loss of profits, loss of business; or depletion of goodwill and/or similar losses, or loss of anticipated savings, or loss of goods; or loss of contract; or loss of use; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
10.6 Our 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 Activities shall be limited to the charges paid for the Activities.

11 Miscellaneous
11.1 If any of these Conditions is determined to be illegal invalid or otherwise unenforceable it shall be severed and deleted from these Conditions and the remaining Conditions shall survive, remain in full force and continue to be binding and enforceable.
11.2 Nothing above shall confer on any third party any benefit or the right to enforce any of these Conditions.
11.3 These Conditions shall be governed by and interpreted in accordance with the laws of England and You and We submit to the exclusive jurisdiction of the courts of England and Wales.