TERMS & CONDITIONS

Please take time to read our terms and conditions before booking any activities, or ordering any Gift Vouchers, and do not hesitate to contact us on any point requiring clarification. These terms and conditions govern the contract under which Action Adventure Activities supply activities or Vouchers to you. When the activities are outsourced the customer will enter into a separate contract with the operator for the supply of the activity in question and become subject to the operator's own terms and conditions.

All bookings are confirmed only on receipt of a 10% non-refundable deposit. The full balance must be paid 4 weeks prior to arrival, with credit card details given to cover any extra costs incurred during the customers visit.

On booking & payment of deposit customers are assumed to accept the terms & conditions of Action Adventure Activities Ltd (A3). Bookings are confirmed to customers by email& letter.

Refunds are not available due to inclement weather. It is recommended that customers take out separate insurance to cover this eventuality. A3 will offer alternative activities when the weather affects the safe provision of any booked activity.

If A3 cannot provide an activity due to technical difficulties an equally priced, or greater priced activity will be offered in its place. Refunds will not be given.

Many of our activities involve some personal risk. In booking any of our activities or purchasing one of our activity gift vouchers you accept the existence of an element of risk. Life insurance policies vary in their coverage, and some may exclude certain of the activities A3 offer. It is advisable to check this with your insurance company in advance.

Additional coverage under our Personal Accident Insurance policy can be purchased. The intention of the Personal Accident insurance is to provide a fixed amount of coverage which is immediately payable in the unlikely event of an accident whilst undertaking an activity ordered from A3 which results in death or disablement or the loss of sight or a limb.

Liability for any delay or cancellation of the activity or loss, injury, death or any other claim howsoever arising from or howsoever caused by the activities advertised by us shall be the sole responsibility of the operator who provides the activities and shall be governed by that operator’s terms and conditions.

Customers accept that there is a level of risk in all activities provided by A3 Ltd. and the customer accepts that the company will not be held responsible for any accident or injury to customers or spectators, unless the company is deemed to be specifically negligent.

Customers themselves accept a duty of care to themselves and fellow participants and staff. Customers will be expected to accept a level of responsibility in that if they have any medical condition whatsoever, or are on any medication whatsoever, it is the responsibility of the customer to seek appropriate advice prior to arrival.

If customers may be intoxicated they will be expected to abstain from all activities. A3 reserves the right to breathalyse any customer we feel may be at risk, & the company’s decision will be final as to whether a customer can participate or not. No refund shall be given in either of these circumstances.

Waiting time may be necessary with all activities, especially as some are weather dependant. There is also the possibility of short notice cancellation due to weather, mechanical problems, staff illness or other unforeseen circumstances beyond the operators’ control. A3 will not be liable for any costs such as travel or accommodation incurred by the participant in such circumstances.

If customers are requested to provide any details e.g. Height, Weight, Doctors Approval to Participate, all such information must be provided in writing at least 1 week prior to arrival.

Any special requirements must be given in writing to A3 at least one week in advance of arrival. Timescales for provision of activities may vary according to weather & group sizes. Whilst we will endeavour to maintain a tight schedule for our customers’ day delays are possible & we will expect customers to give some leeway as to the length of a particular day’s activities.

We at A3 cannot be held responsible or traffic delays which affect the timely provision of any off-site activities.

A3 Ltd reserve the right to remove any individual from an activity where it is deemed that individual is creating unacceptable risk to themselves, other customers, spectators or staff.

OTHER

For customers who have purchased a Gift Voucher, or received one as a gift we will be happy to exchange a Gift Voucher for any activity featured on website, or brochure, at no extra charge, although if the chosen alternative is more expensive you will have to pay the difference at the time of upgrading. If the chosen alternative is less expensive we will hold that amount in credit for you to use against a future purchase.

No guarantee can be made as to availability of the activity on any particular day. We advise that the user books as soon as possible before the preferred date.

Many activities have height, weight and age restrictions. We can advise you of these restrictions when you purchase a Gift Voucher. If a customer is under 18 the consent of a parent/guardian must be provided in writing before commencing any activities.

WEBSITE

Unless otherwise stated, the copyright and any other rights in all material on this site are owned by Action Adventure Activities. You are permitted to print and download extracts from this site on the following basis:

1) Use of documents and related graphics on this site are for information and/or personal use only;
2) Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use;
3) No documents or related graphics on this site are to be modified in any way;
4) Graphics on this site are not to be used separately from the accompanying text;
the Action Adventure Activities copyright notice (i.e. © Actiion Adventure Activities), or where applicable those supplied by any other organisation, must appear in all copies;
5) No part of this site may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without prior written permission from Action Adventure Activities; any rights not expressly granted in these Terms are reserved.
6) Access to and use of this site is provided by Action Adventure Activities subject to the following Terms and Conditions.

Use of this site constitutes your acceptance of these Terms and Conditions, which take effect when you first use this site. Action Adventure Activities reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

Whilst Action Adventure Activities endeavours to ensure that this site is normally available 24 hours a day, Action Adventure Activities or its contractors will not be liable if for any reason the site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.

All materials on this website are provided for general information purposes only. No materials, statements or representations on this website constitute an offer.

Whilst Action Adventure Activities endeavours to ensure that the information on this site is correct, no warranty, expressed or implied, is given as to its accuracy and Action Adventure Activities does not accept any liability for error or omission.

Part of this site contains materials submitted to Action Adventure Activities by third parties. Opinions expressed within such materials do not necessarily represent the opinions of Action Adveture Activities. Third parties are responsible for ensuring that materials submitted for inclusion on this site complies with national and relevant foreign law. Action Adventure Activities cannot guarantee the accuracy of this material and hereby expressly disclaims any responsibility for error, omission or inaccuracy in the material, misinterpretation and any all loss, disappointment, negligence or damage caused by reliance on the material contained on this site or any failure or alleged failure in the delivery of the services referred to herein, or in event of the bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. Confirmation of the accuracy and currency in the information should be sought from the establishments concerned.

Action Adventure Activities shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.

Action Adveture Activities accepts no responsibility for the content of any site to which a hypertext link from this site exists. Such links are provided for your convenience on an "as is" basis with no warranty, express or implied, for the information provided within them.

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

By accessing any part of this site, you should be deemed to have accepted these Terms in full. These Terms shall be governed by and construed in accordance with Scottish Law.

INSURANCE/SAFETY

The operators for the various activities advertised which we outsource arrange their own liability insurance which will provide insurance for participants in the case of negligence on behalf of that operator.

Additional coverage under our Personal Accident Insurance policy can be purchased. The intention of the Personal Accident insurance is to provide a fixed amount of coverage which is immediately payable in the unlikely event of an accident whilst undertaking an activity ordered from Action Adventure Activities which results in death or disablement or the loss of sight or a limb.

Liability for any delay or cancellation of the activity or loss, injury, death or any other claim howsoever arising from or howsoever caused by the activities advertised in our website or brochure or ordered through us shall be the sole responsibility of the operator who provides the activities and shall be governed by that operator’s terms and conditions.

CANCELLATION

Waiting time may be necessary with all activities, especially as some are weather dependant. There is also the possibility of short notice cancellation due to weather, mechanical problems, staff illness or other unforeseen circumstances beyond the operators’ control.

If a Gift Voucher booked activity, supplied directly by A3 is cancelled, the user should simply re-book with us as the Gift Voucher is valid for 12 months from the date of purchase. Action Adventure Activities will not be liable for any costs such as travel or accommodation incurred by the participant in such circumstances.

Where a customer with a Gift Voucher books a an outsourced activity through us, they will become subject to the operator’s terms and conditions including the operator’s cancellation terms. This may mean that if the user cancels a booking the user may forfeit the activity.

Refunds will not be given, however in extreme circumstances the lifespan of a particular voucher may be extended.

OTHER

No guarantee can be made as to availability of the activity on any particular day. We advise that the user books as soon as possible before the preferred date.

For customers under the age of 18 the consent of a parent/guardian will be required. Other age limits may apply.

Most driving activities require the user to hold a full driving licence. Please check before booking.

Our prices may be changed at any time. We will advise you, in writing, of any such changes that may affect your particular booking.

Gift Vouchers are valid for 12 months from the date of purchase and must be redeemed before the expiry date. Action Adventure Activities endeavour to give accurate and detailed information about every activity. However there may be changes in the exact arrangements on the day. These descriptions should therefore be taken as a guide only and do not form part of the contract. Photographs used are illustrative and not necessarily of the actual equipment in use at any particular location.

The customer is liable and accepts responsibility for every person/s in his or her party for damages caused by accident or by reckless behaviour. (DAMAGES MUST BE PAID FOR IN FULL).

Any protective clothing or equipment must be worn at all times during participation in relevant activities.

Any kind of abusive behaviour towards Action Adventure Activities staff, other group members or spectators will not be accepted and we will not hesitate to call for police assistance to have you removed.

Strictly no drugs or alcohol to be brought in to or consumed on our grounds (YOU WILL BE ASKED TO LEAVE).

Respect all others at all times.

The Company reserves the right to make additional charges incurred as a result of:

i) Changes and additions ordered by the Client after the acceptance of the Company estimate, proposal and schedule
ii) Increases in the costs of materials, equipment or other services necessary for the completion of the contract. Any such charges will be advised to the Client either in writing or such other form as appropriate and agreed between the parties.

Payment shall be made in accordance with the Company's prescribed terms. The contract will define any deposit due and payment of this deposit is due with the signed and returned contract in order to secure the booking. The Company cannot guarantee performance of the Contract should payment not be received on the specified due date. Payment is defined as "cleared funds". The Company reserves the right to charge interest on sums overdue on a day to day basis from the date such payment was due to the date of actual payment (both days inclusive) at the rate of 4% above the base rate of the RBS Bank plc from time to time in force compounded quarterly. Such interest shall be paid on demand.

Any deposit due is non refundable upon cancellation. Full payment is required prior to the event, except by prior arrangement.

Venue cancellations will incur charges as outlined in the venues own terms and conditions.

Where a customer is invoiced payment terms are within 14 days from the date of the invoice unless otherwise specified.

Credit Card payments will incur a 3% handling charge.

Proposals may contain confidential information provided by the Client. The Company agrees not to convey such information to any third party. Similarly, the Company's proposal may contain concepts, notions and designs specifically prepared for the Client. The Client undertakes not to disclose or use contents or parts thereof except with the prior written approval of the Company.

Where costings are based on the stated number of participants, should actual numbers fall below this number, the company reserves the right to make supplementary charges in respect of any fixed cost elements within the confirmed programme.

The Company is committed to ethical business. The Company strives continually to build long term business relationships with its clients.

The Company shall not be liable for its failure to fulfil any of its contractual obligations if such is caused by reasons beyond its control.

Except in respect of injury to or death of any person (for which no limit applies) the liability of the Company for this booking in respect of each occurrence or series of connected occurrences shall not exceed the value of the contract.

Notwithstanding anything else contained in the contract, the Company shall not be liable to the Client or any third party for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.