Terms & Conditions
Below are the terms and conditions on which we provide kayaking adventures (“Services”). The exact Services that we will provide to you will depend on the weather, sea conditions and the recommendation of the coast guard. The Services will also depend on the result of the Health Check (see paragraph 1 below).
Before you agree that we will provide Services to you, please read the terms and conditions. If you have any questions concerning them please ask before entering into a contract with me.
1 Health Check
1.1 Purpose of the Health Check
Before we provide any Services we require that you and one of our guides go through a health check. A health check consists of:
1.1.1 Your completion of a form – we will ask you to complete a form (the ‘Health Check Form’). This will record details, as stated by you, as to your current state of health, any medical conditions you have and any medication you are taking.
1.1.2 Our evaluation of various health indicators – one of our guides will carry out a review of the information you have provided in the Health Check Form. We will also ask you questions concerning the type and amount of exercise that you take (and have taken in the recent past), and your swimming ability. This information will be added to the Health Check Form.
1.2 On completion of the Health Check
On completion of the Health Check we will ask you to sign the Health Check Form to indicate that the information you have provided and what we have agreed and stated in the form is recorded accurately.
1.3 Further points
Please note that after the Health Check has been completed, we may decide that we cannot provide any Services. For example, the kayaking expeditions may not be suitable for you or this type of exercise is not medically safe for you to undertake. In such cases we will require that you consult with a medical doctor (such as your GP) should you wish to continue. In such cases, before we can perform any Services we will require a report or letter from a medical doctor to indicate that you can undertake the exercise.
2 Performance of the Services
2.1 We will normally provide you with the Services:
2.1.1 only after the Health Check is carried out; and
2.1.2 in accordance with the guidance of the coast guard and further to a risk assessment of the weather and sea conditions
2.2 If there is a significant period between a Health Check and us providing the Services, for example in the event of a delay due to weather conditions or a re-booking we may:
2.2.1 ask you to confirm in writing that the information you have provided on the Health Check Form remains accurate and that nothing of significance has changed in your medical condition or lifestyle which will affect any of the Services that we provide; or
2.2.2 ask that you provide a letter from a medical doctor indicating that you can undertake fitness and sports exercise; or
2.2.3 not provide any Services until you have gone through another Health Check.
2.3 It is not possible that we can guarantee that the Services can be provided but our aim is to provide you the Services:
2.3.1 by using reasonable care and skill; and
2.3.2 by complying with commonly accepted practices and standards as set out by Canoe England.
2.4 Due to Health & Safety restrictions and the equipment that we use as part of our Services, children under the age of 16 should be accompanied by an adult on the tandem kayak.
2.5 We will only take a maximum number of eight people at any given time in the interests of safety of all of our customers, and in no circumstances will we take more than four tandem kayaks.
2.6 We will only provide the Services when the conditions are safe for us to do so. The location of the adventure day will be based on the safest option for the conditions on the day on which the Services are to be provided. We will call you to confirm the locations that will be suitable no less than 12 hours before the departure time of the kayaking adventure you have booked.
2.7 In the event that conditions are suitable for all of the available tours, the guide will ask all of the participants their preferred location but we reserve the right to decide where the Services will be provided. Any decision reached may be subject to change on the morning on which our Services are provided, e.g. if the conditions change overnight.
2.8 In the event that the conditions are not suitable for Services to be performed at any location, we reserve the right to cancel this Contract and you will receive a full refund of monies paid by you in accordance with Clause 7.
2.9 On arrival at the location where the Services are to be provided, you will assist the guide in unloading the kayaks from the vehicle and will assist in taking them down to the water. At the end of the kayaking adventure you will also assist with loading the kayaks on to the vehicle. If you have any pre-existing medical conditions that prevent you from assisting in the loading and unloading, you will make the guide aware of this and if you fail to do so, we will not be liable for any loss, damage or personal injury that arises as a result of your assisting in this regard.
2.10 Before we start the expedition, we will provide you with a safety briefing and it will be your responsibility to ensure that you understand the guidance given and to ask further questions if you are unsure of anything that the guide has raised.
2.11 All of our guides carry a waterproof phone, first aid kit and a marine radio for use in the event of an emergency. It is your responsibility to make us aware of any problems that you are experiencing during the kayaking adventure.
2.12 You must ensure that you bring with you the following items:
2.12.1 a wetsuit and any other items that you wish to wear whilst kayaking;
2.12.2 suitable protection from the sun such as sun tan lotion, sunglasses and a hat;
2.12.3 a warm change of clothes for after the kayak adventure;
2.12.4 lunch. We provide lunch with some of our packages and we will be responsible for this. If you would to bring your own lunch, we have 20 litre waterproof bags that you are able to hire for the sum of £7.00 for the day.
2.13 We provide life jackets for your use during the kayaking experience. The life jackets have several safety features and these will be explained to you during the safety briefing. If you refuse to wear the life jackets, we reserve the right to refuse to provide Services to you.
3 Length of our Services
Our Services are provided in sessions that last approximately five hours with four of the said hours being spent kayaking on the or approximately two hours with one and a half of the said hours being spent kayaking on the water. Time will be allocated at the beginning of each Adventure to set up, complete the Health Check Form, complete the safety briefing, ask any questions and allow you time to change.
4 Stopping a session
4.1 If at any time during an Adventure in our opinion we consider that:
4.1.1 you appear to be unwell becoming unwell; and/or
4.1.2 you are not following our reasonable instructions (such as not following instructions intending to protect your, my, or another person’s safety); and/or
4.1.3 you are behaving or acting unreasonably or are offensive,we will stop the Adventure and not continue it.
4.2 In the event that we stop an Adventure, we reserve the right to stop at a convenient location to arrange medical assistance as necessary and/or organise collection for you from the location (if appropriate). In that event, we will use our discretion to either ensure that any personal items are collected by you on return to your accommodation or we will drop the items to your accommodation at an agreed time.
5 Costs of the Adventure and payment
5.1 Our fees for a Session are set out on our website at www.korukayaking.co.uk.
5.2 Increasing Adventure costs
If we increase the rate of our fees for an Adventure after you have booked, our fees will remain the same as at the time you made the booking. If you book several Adventures for different dates, we will be entering a separate contract in respect of each booking. In this case the fee for each Adventure will be that in force at the time of the booking.
We accept payment in cash, cheque or by BACS payment. Our BACS details are:
Account Name: Koru Kayaking
Account Number: 36629668
Sort Code: 30-98-76
Please state your name and the date of the Adventure that you are booking when making payment.
We are not registered for VAT. Payment for each Adventure will be by you to us at the time of booking of the Adventure. If you have booked several Adventures then payment will be made for the Adventure at the time of booking.
6 If you are late for an Adventure or you cancel
6.1 If you are late or do not arrive
If you are late arriving to an Adventure or if you are not ready to depart at the designated time for collection at your accommodation, then the Adventure will (at our discretion) be delayed and start when you arrive. If you have missed the safety briefing then we will run through this separately with you. We will only be able to delay for a certain period of time due to our commitments to our other customers and so we reserve the right to depart immediately if you have not arrived within a reasonable time after you have advised that you will be late.
If you arrive after we have left with our other customers then no refund will be due to you and you will responsible for paying any costs we may have incurred as a result of your failure to attend.
6.2 If you cancel
You have the right to cancel within seven days of making the booking and will receive a full income provided that the Adventure is not in less than seven days time.
If you have booked a session and you cancel it with less that 24 hours notice, then we will expect you to pay the cost of that session. If you cancel a session with more than 24 hours notice then any funds paid by you, minus a cancellation fee of £10 per person will be repaid to you in full within 3 working days.
7 If we cancel
On occasion we may have to cancel an Adventure. This may occur because of a number of reasons, such as that the weather conditions are not suitable, or the location is unavailable. If a cancellation occurs in this situation, then we will offer you another scheduled Adventure without further charge to you or offer you a refund of our fees for that Adventure, which will be paid within 5 working days.
8 Membership of Canoe England
We are registered with Canoe England details of which can be found at http://www.canoe-england.org.uk and we aim to comply with their guidelines and standards.
9 Transferring booked Adventures
If you have booked (and paid for) an Adventure and you would like to allow another person to use the booked Adventure we will be happy for this to occur provided that the other person undertakes a Health Check (in the way outlined under paragraph 1 above) and is over the age of 16.
10 Limitation of my liability to you
10.1 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us. Our liability for death or personal injury is also subject to certain limitations which are set in paragraph 11.
10.2 We will not be responsible of liable for any loss or damage caused to your personal possessions while using our Services. We operate our Services at locations owned by third parties and you will be responsible for your belongings.
10.3 If you decide to leave any possessions in our vehicle, you leave them at your own risk and we will not be responsible in the event that any loss or damage is caused.
10.4 We will not be responsible for any personal injury, loss or damage that you failed to disclose to us in the Health Check Form.
11 Limitation exclusion of liability for personal injury and death
11.1 We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we caused your death or personal injury to you by negligence) unless the failure is attributable to:
11.1.1 your own fault;
11.1.2 a third party unconnected with the provision of Services under this contract; or
11.1.3 events that we could not have foreseen even if we have taken all reasonable care.
12 Contacting each other
If you wish to send us any notice or letter then you should send it to Koru Kayaking, Church Town, St Agnes TR5 0QW. If you would like to notify us of any matter prior to the Adventure, please call us on 07794 321 827. If we wish to send you a letter or notice we will use the contact details and address that you have provided when booking the Services, or we will contact you on the telephone number you have provided.
13 Contracts (Rights for Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to any right to enforce any of its provisions.
If you are unhappy with the Services that we provide we hope you will discuss any problems or issues with us first. If you wish, you may, at any time, take Court proceedings. If so, you must do so within the Courts of England and Wales. This contract is governed and construed by the Law of England and Wales.