Terms & Conditions

Booking Terms & Conditions:

Please read the following important terms and conditions before you book on our website, via email or telephone(or in person bookings made at one of our centres) and check that they contain everything you want and nothing that you are not willing to agree to.

This contract sets out:
ï‚· your legal rights and responsibilities;
ï‚· our legal rights and responsibilities; and
ï‚· certain key information required by law.

In this contract:
ï‚· “Activity” means the activity days delivered by us, including (but not limited to) climbing and kayaking;
ï‚· “Booking” means a Group Booking and an Individual Booking;
ï‚· “Group Booking” means a booking referenced as a group booking on our website, or a bespoke booking
which you have made by contacting us directly in accordance with clause 4.6;
ï‚· “Individual Booking” means a booking which is not a Group Booking;
ï‚· “Participant” means an individual undertaking an Activity;
ï‚· ‘"we"’, ‘"us"’ or ‘"our"’ means Peak Activity Services Limited; and
ï‚· ‘"you"’ or ‘"your"’ means the person using our site to book an Activity with us.

If you have any questions about this contract or any Bookings you have made, please contact us by:
ï‚· sending an email to welcome@peak.co.uk; or
ï‚· filling out and submitting the online contact form available here https://www.peak.co.uk/contact-us/ .

Who are we?
We are Peak Activity Services Limited, a company registered in England and Wales under company number: 06824664.
Our registered office is at: Maybrook House Maybrook House, Queensway, Halesowen B63 4AH.
Our VAT number is: GB 927 1046 37.
The details of this contract will be emailed to you in your booking confirmation. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1. INTRODUCTION
1.1 If you book an Activity on our website, via telephone or email, or in person at one of our centres, you agree to
be legally bound by this contract.
1.2 These Terms and Conditions apply only if you are booking an Activity as a consumer (ie for purposes outside
of your business, craft or profession). If you are booking an Activity in the course of business, our business
terms and conditions apply to such bookings, which can be accessed via https://www.peak.co.uk/policies/.
1.3 These Terms and Conditions contain important information concerning participation by you and all Participants
under a Booking and, accordingly, you acknowledge and agree that you shall ensure that all Participants in
your group are aware of and accept these Terms and Conditions.
1.4 When buying any Activity you also agree to be legally bound by the following policies (each of which is
available at https://www.peak.co.uk/policies/):
1.4.1 Safeguarding Policy;
1.4.2 Complaints Policy; and
1.4.3 Behaviour Policy.
1.5 All of the above documents form part of this contract as though set out in full here.
1.6 No variation to these Terms and Conditions shall be binding unless agreed in writing by us.

2. INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say
that we must give you certain key information before a legally binding contract between you and us is made.
If you want to see this key information, please:
2.1.1 view the webpage for each Activity and product;
2.1.2 read the confirmation email (see clause 4.4); or
2.1.3 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can
only do this if you agree to it.

3. YOUR PRIVACY AND PERSONAL INFORMATION
3.1 Our "Privacy Policy" is available at www.peak.co.uk/policies.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will
be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how
and why we collect, store, use and share such information, your rights in relation to your personal information
and how to contact us and supervisory authorities if you have a query or complaint about the use of your
personal information.

4. BOOKING ACTIVITIES WITH US
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You may place a Booking on the site by:
4.2.1 selecting an Activity on the website (including selecting a time, date and providing Participant details
as well as any Participant special needs or health problems) and adding the Activity to the basket;
and
4.2.2 completing the checkout process and making payment.
4.3 Please read and check your Booking carefully before submitting it. You will be able to correct any errors before submitting your Booking to us.
4.4 When you place your Booking at the end of the online checkout process (eg when you click on the ‘pay now’ button), you will receive an email from welcome@peak.co.uk to confirm your Booking (the "Confirmation
Email").

At this point:
4.4.1 a legally binding contract will be in place between you and us; and
4.4.2 we will provide the Activity as agreed during the online checkout process, unless the Activity is effected by an event beyond our reasonable contract, as set out in clause 7.4.
4.5 The Confirmation Email will include the following information:
4.5.1 your order confirmation number;
4.5.2 details of your Activity, including arrival time and the clothing we recommend you wear for the Activity; and
4.5.3 a link to the Participant consent form, which must be completed prior to the date of your Activity.
4.6 In addition to the process outlined in clause 4.2 above, you may also place a Group Booking by contacting us using the contact details at the top of these Terms and Conditions. We will then agree the Activity with you via email or telephone, and once the details of the Activity have been confirmed, we will send you a Confirmation Email.
4.7 We may contact you to say that we do not accept your Booking. This is typically for the following reasons:
4.7.1 we cannot carry out the Activity (this may be because, for example, we have a shortage of staff);
4.7.2 we cannot authorise your payment;
4.7.3 you are not allowed to buy the Activity from us;
4.7.4 we are not allowed to sell the Activity to you; or
4.7.5 there has been a mistake on the pricing or description of the Activity.
4.8 If you are under the age of 18 you may not buy Activities from the site. You may not be able to buy certain Activities because you are too young. These are set out on the relevant webpage for the Activities.

5. BOOKING CHANGES AND CANCELLATIONS
5.1 The cancellation terms vary depending on whether you are making an Individual Booking or a Group Booking, and are set out below.
5.2 Any refunds we make will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
5.3 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
5.4 Individual Bookings
5.5 You can make changes to your Individual Booking via the user area on our website available at http://booking.peak.co.uk.
5.6 If you cancel your Individual Booking, you may still be liable for the cost of the Activity, as set out in the table below:

5.7 Group Bookings
5.8 You can make changes to your Group Booking by contacting us using the contact details on the first page of
this contract.
5.9 If you cancel your Group Booking, you may still be liable for the cost of the Activity, as set out in the table
below.

5.10 If you amend or cancel your Group Booking, we may charge you an administration fee of up to £50. This is to
cover our expenses, which include (but are not limited to) staff costs and re-aligning delivery teams to the
amended date of the Activity.

6. CANCELLATION BY US
WE RESERVE THE RIGHT TO CANCEL A BOOKING AT ANY TIME AND WILL NOTIFY YOU AS SOON AS POSSIBLE. IF WE CANCEL YOUR BOOKING DUE TO ADVERSE WEATHER WE WILL OFFER YOU CREDIT AGAINST YOUR ACCOUNT WITH US. FOR ANY OTHER REASON, YOU WILL BE ENTITLED TO A FULL REFUND OF ALL PAYMENTS MADE TO US. NO OTHER COMPENSATION IS PAYABLE.

7. CARRYING OUT THE ACTIVITIES
7.1 We shall endeavor to ensure that you and your group’s Activity commences at the time set out in your Confirmation Email and it shall be the responsibility of each Participant to ensure that they arrive in sufficient time prior to the Activity. This includes completing a consent form before the start of your Activity. We shall notify you in the Confirmation Email at the time you should arrive at the particular Activity centre. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.
7.2 For Individual Bookings we are unable to guarantee that all Participants in the group will be grouped together for the Activity. Groups for the Activities will be organised based on safety.
7.3 For Group Bookings we may put the group into teams to meet the requirements of the particular Activity.
7.4 Our carrying out of the Activities might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the Activities, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the Activities as soon as those events have been fixed.
7.5 We reserve the right to make changes to the Activities whether to conform with any applicable safety, other statutory requirements or otherwise.

8. PAYMENT
8.1 We accept the following payment methods: Visa, American Express, Mastercard, Maestro, Apple Pay, Google Pay, Stripe and PayPal.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Activities is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Individual Bookings
8.4 The payment provisions below shall apply to Individual Bookings.
8.5 Payments must be made in full in advance during the online checkout process using one of the payment methods set out in clause 8.1.
8.6 We do not offer a refund where the price of the Activity is reduced after you have made an Individual Booking.
8.7 We do not accept deposits or provisional reservations for Individual Bookings.
8.8 Group Bookings
8.9 The payment provisions below shall apply to Group Bookings.
8.10 Once we have confirmed your Group Booking and have sent you a Confirmation Email, we shall send you an invoice via email with details of the cost of your Activity. The deposit and payment instalments will be invoiced in accordance with the table below:

8.11 The deposit and payment instalments referenced above will be invoiced and payments due in accordance with
the terms below:
8.11.1 Deposit – an invoice will be sent to you via email within 7 days of us sending you the Confirmation
Email, and payment will be due within 30 days of the date of the invoice.
8.11.2 Payment Instalment – payment shall be due at least 6 months prior to the date of your Activity, or
if the date of your Activity is in less than 6 months, the payment will be due with your deposit.
8.11.3 Balance Payment – payable at least 8 weeks prior to the date of your Activity, or if the date of your
Activity is in less than 8 weeks, the payment will be due with your deposit.
8.12 Deposits are non-refundable but may be transferred to another date if the Activity is postponed no later than
5 weeks prior to the originally scheduled Activity date.
8.13 Invoices raised for Group Bookings must be paid within 30 days of the date of the invoice via the methods set
out in clause 8.1. Payments for Group Bookings may also be made by bank transfer (details of which will be
set out in the invoice). If you make a payment via bank transfer please notify us using the contact details at
the top of these Terms and Conditions.
8.14 If your payment is not received by us in accordance with the dates set out in your invoice, we may charge
interest on any balance outstanding at the rate of 2 percentage points per year above the Bank of England’s
base rate. We will email you to let you know if we intend to do this.
8.15 If payments are not received by the specified date, we reserve the right to cancel your Group Booking and
your deposit will be forfeited.
8.16 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out
in clauses 5.
8.17 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.

9. PARTY LEADERS
9.1 Group leaders are not expected to know any more about the Activity than the other Participants and are not expected to assist in the running of the Activity, unless previously agreed in writing with us. It is expected that group leaders will continue to take responsibility for the general behaviour and wellbeing of the group, allowing the instructor to give all their time to ensuring that the group obtain maximum benefit and enjoyment from the Activity.
9.2 Peak is only responsible for the safety of any Participants whilst under Peak staff supervision.

10. GENERAL HEALTH OF PARTICIPANTS
10.1 ALL PARTICIPANTS ARE ASKED TO HIGHLIGHT ANY SPECIAL NEEDS OR HEALTH PROBLEMS AT THE TIME OF BOOKING. IF IT is considered that a Participant’s health may influence their ability to participate in an Activity, then further information will be sought to clarify and agree their level of participation.
10.2 The Activities are physically demanding and require a degree of agility, strength, and stamina. If Participants have medical concerns, they are advised to consult their doctor in advance. 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.
10.3 All Participants must complete a consent form via the booking system.

11. TRAVEL INSURANCE
We strongly advise you to take out appropriate travel/event insurance to cover any unforeseen eventualities. Participants must only use our approved equipment for Activities and personal protective equipment provided by Participants is not permitted.

12. PERSONAL ACCIDENT INSURANCE
We are covered by public liability insurance and a copy of our certificate of liability is available at www.peak.co.uk/policies

13. ALCOHOL & DRUGS

We have a zero-tolerance policy with regards to alcohol and drugs. If any Participant arrives to take part in an Activity and appears to be under the influence of drugs or alcohol, our instructor in charge will withdrawal the Participant from the Activity and they will not be eligible for a refund or compensation.

14. BREAKAGES & DAMAGE
We reserve the right to charge you for any damage caused to our equipment beyond reasonable wear and tear. This would include paying for parts, labour / trade time to resolve the issue. If you notice that any equipment is broken or damaged during the course of the Activity, you must bring this to the instructor’s attention.

15. VIOLENCE TO STAFF
Any violence to our staff or other Participants will not be tolerated. This includes via phone, email, in person or on social media and may result in your Booking being cancelled without refund or compensation. Any violence may also be reported to the police.

16. END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

17. LIMITATION ON OUR LIABILITY
17.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
17.1.1 losses that were not foreseeable to you and us when the contract was formed;
17.1.2 losses that were not caused by any breach on our part;
17.1.3 business losses; or
17.1.4 losses to non-consumers.
17.2 We do not accept any responsibility for loss, theft or damage to personal belongings.

18. MISCELLANEOUS
18.1 If any provision of these Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms and Conditions shall not be affected.
18.2 No one other than a party to this contract has any right to enforce any term of this contract.
18.3 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Activity we have provided or any other matter, please contact us as soon as possible using the contact details set out on the first page.
18.4 Our "Complaint Policy" can be accessed here www.peak.co.uk/policies.
18.5 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
18.6 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means
that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another
part of the UK in which you live.