The SHAC’s Terms and Conditions
- These Terms and Conditions apply to the booking of the Surrey Hills Adventure Company (“the SHAC” ) Activities (the ‘Activities”) and any ancillary Products (“Products”) at the location set out in the SHAC’s booking confirmation.
- These Terms and 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 Terms and Conditions.
2. Risk, Safety and Minimum Requirements
In agreeing to these Terms and Conditions, you accept that the Activities offered by the SHAC have inherent hazards and risks associated with them and the only way to truly remove those risks and hazards is not to take part: you have this choice throughout the course/activity. These hazards and risks are heightened because of the adventurous nature of the Activities. Whilst the SHAC staff and its contractors take all necessary precautions to try and ensure the safety of all participants, unfortunately accidents may occur as consequence of taking part. Each participant should familarise themselves with the hazards and try and minimise these as much as possible and comply with our guidelines and advice. You are also agreeing that you will act in the best interest of safety towards other participants.
In making the booking you have checked and acknowledge and confirm that all your attendees achieve and agree to the minimum requirements to take part in the relevant Activities as shown in the table below:
|Open Water Swimming||The attendees can swim a minimum of 400 metres|
|Stand Up Paddleboarding (SUP)||The attendees can swim a minimum of 25 metres|
|eFoil||The attendees can swim a minimum of 25 metres|
|Woodlands Adventure Days||The attendees can partake in all activities including but not limited to: Fire lighting and management under instruction, camp building, bushcraft, rope swings, tree climbing and use of tools including but not limited to, knives, axes and saws.|
|Spoon carving||The attendees can partake in the use of tools including but not limited to, knives, axes and saws.|
|Moon circle||If the attendee is intending to swim, then the attendee can swim a minimum of 400 metres|
The attendees are competent to perform a safety check and will personally perform a safety check of the bicycle prior to their ride
The attendees will:
The attendees will not
Cycling is inherently dangerous, presenting a great number of risks, such as the risk of falling, colliding with other riders, encountering hidden obstacles or varying terrain, or the risk of injury from any failure of the bicycle or any of its components. All attendees freely and expressly accept all risks associated with bicycling on their ride, including all risks of injury or death.
|Wet and Wild Days||The attendees can swim a minimum of 25 metres. The attendees can partake in all activities including but not limited to: Fire lighting and management under instruction, camp building, bushcraft, rope swings, tree climbing and use of tools including but not limited to, knives, axes and saws.|
- The SHAC reserves the right to refuse admittance to the Activities or to remove a participant from the Activities should it 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.
- In the case of watersports, a participating adult must accompany under 16 year olds. The only exception to this is parties of children 12 years and over who are being led by a SHAC Instructor. One adult is permitted to supervise a maximum of two where under 16 years old. Participants accept responsibility for the safety of themselves and for children they are supervising.
- All participants must be competent, physically fit and able to safely take part in the Activities will participate within their own limitations, will be responsible for their own safety and the safety of those around them, meet the minimum age limits set out in our FAQS, and in the case of paddleboarding and efoil, must weigh less than 20.5 stones/130kg. Anyone who does not meet these requirements will not be allowed to undertake the Activities. It is your responsibility to ensure that all members of your party meet these requirements.
- Watersports Activities may be physically demanding. If participants are in any doubt as to whether they should attempt the Activities they are advised to check with the SHAC before booking. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to declare 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. Due to the physical nature of the Watersports Activities (excluding yoga) the SHAC recommends that pregnant women should not take part. Pregnant women who still wish to undertake the activities will be required to sign a 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.
- All participants are required to act responsibly and courteously at all times and to respect other participants. the SHAC shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any participant unsuitable.
- Participants must be dressed appropriately (see Clothing clause below) and the SHAC reserves the right to refuse admittance to the Activities to any participant who is not appropriately dressed.
- The Activities will remain open in most weather conditions (but not in circumstances of high winds, lightning, heavy ice or snow).
- No refunds or compensation will be payable by the SHAC 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 clause.
- Separate and specific advice on suitable clothing is provided on the activity sections and the FAQ Page of this website.
- It shall be the responsibility of all participants to ensure that they read the clothing advice provided.
- Participants must be dressed appropriately in accordance with our advice.
- The SHAC also advises participants to wear clothing appropriate for the weather conditions and which they do not mind getting damaged.
5. Booking Confirmation
- No booking shall be deemed to have been accepted unless accepted in writing by the SHAC (which shall include the SHAC’s email confirmation of booking).
- You must advise the SHAC as soon as possible of any mistake in the SHAC’s booking confirmation. the SHAC shall use its reasonable endeavours to ensure that you and your party’s participation commences at the time booked and it shall be the responsibility of each participant to ensure that they 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.
- Notice periods for group booking cancellations are dealt with under the Group Bookings clause below. For all other bookings, using your SHAC Account, you may cancel or re-schedule an individual booking up to 48hrs before your session, no refunds can be given after this time.
- The SHAC shall be entitled to cancel your booking at any time. In the event that the SHAC decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable.
- In the event that it proves necessary to close the Activities for reasons beyond the control of the SHAC 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 the SHAC may, but shall not be obliged to, offer alternative dates or times at reduced rates.
- Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by bank transfer. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.
- Where multiple forms of payment are used, the SHAC reserves the right to refund any monies due on a refund or amendment by credit or bank transfer.
7. Group Bookings
- For group bookings during Peak Season (June, July, August, September) a minimum of 2 week’s notice must be given for a refund and requested at firstname.lastname@example.org and a cancellation charge of £25 may be applied at the SHAC’s discretion.
- At all other times, for group bookings a minimum of 1 week’s notice must be given for a refund and requested at email@example.com.
8. Price and Payment
- Subject to any terms agreed in writing between the SHAC and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking. If payment is not received at the time of online booking, or within 7 days of an email booking, we reserve the right to cancel the booking and make a cancellation charge at an appropriate rate. The charges include the cost of purchasing the Activities. Payment may be made by debit or credit card.
- Except as otherwise provided in these Terms and Conditions, when a person or persons participate in our Activities or use any Products supplied by ourselves, the SHAC, its holding company, subsidiaries, group companies, affiliate companies, directors, employees, shareholders, agents and suppliers shall not be responsible for any personal injury, death or illness sustained or suffered, or for any loss or damage to property by you or members of your party however caused and in particular caused by negligence, misuse, abuse or irresponsible use of the Activities or Products by you or members of your party. You understand that the SHAC is not responsible for any damage to property or injury or death caused in this way and you release the SHAC from all such liability.
- You hereby agree to the fullest extent permitted by law, as follows:
• To waive any and all claims, that you have or may in the future have against the SHAC resulting from participating in the Activities or use of the Products.
• To release the SHAC from any and all liability for any loss, damage, injury or expense that you or members of your party may suffer, as a result of participation in the Activities or use of the Products, due to any cause whatsoever, including negligence or breach of contract on the part of the SHAC in the design or manufacture of a Product and any of its components.
Nothing in these Terms and Conditions shall exclude or limit the SHAC’s liability:
(a) for death or personal injury caused by the SHAC’s negligence;
(b) for a defective product under the Consumer Protection Act 1987.
- In the event of your death or incapacity, these Terms and Conditions shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
- The SHAC operates at a number of sites. We cannot be held responsible for damages such as your loss of enjoyment or additional expenses as a result of actions, rules, policies or arrangements made by the site owners or facility providers. Where parking facilities are available, any vehicles are left at the owners’ risk and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the site location.
- Except as otherwise provided in these Terms and Conditions any liability of the SHAC shall be limited to the refund of any charges paid to the SHAC.
- No person who is not a party to this Agreement will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.
- If any of these Terms and Conditions are determined to be illegal invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
- Nothing above shall confer on any third party any benefit or the right to enforce any of these Terms and Conditions.
- These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and the SHAC and you submit to the exclusive jurisdiction of the courts of England and Wales.
- The SHAC reserves the right to make changes to these Terms and Conditions from time to time, any such changes will not be retrospective and will be posted on this page.
- No variation to these Terms and Conditions shall be binding unless agreed in writing by the SHAC.
- Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by the SHAC (including any electronic documentation) shall be subject to correction without any liability on the part of the SHAC.
- the SHAC reserves the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.