Company details and information
Total Adventure Ltd T/A Windermere Canoe Kayak, Ferry Nab, Bowness-on-Windermere, Cumbria, LA23 3JH herein referred to as 'WCK', 'We', 'Our', or ;Us'.
Activity Booking Terms and Conditions
Paddlesport and Bike hire available at WCK may carry inherent risks. You should be aware and accept these risks and be responsible for your own actions and involvement. In addition to the terms and conditions below, you must complete and sign a disclaimer including medical details before you use WCK. If you are unsure whether you are able to participate in any activity or have any questions concerning these terms and conditions please ask a member of staff before you enter a contract with us.
1. Booking and Payment
1.1 Your use of WCK Facilities whilst participating in any scheduled WCK activity is subject to these terms and conditions. The completed and signed hire disclaimer including medical details along with these terms and conditions constitute the entire agreement between you (participant) and us.
1.2 In the event you are booking an activity as a part of a group, you as an individual agree to ensure that each group member has read and agrees to comply with these terms and conditions,
1.3 Payment can be made using a debit or credit card in store (if you have not pre-booked) or online with a booking. Cash and cheques are accepted in store. Cheques must be made payable to Total Adventure LTD.
2.Cancellations by us
2.1 Every attempt will be made to ensure that WCK activities run as scheduled. However we reserve the right to close WCK or stop hire at any time without notice due to unsuitable conditions, forecasts, and prevailing weather conditions, to ensure the scheduled activity has the required minimum number of participants or due to any other factors beyond our control or if we feel that there are any unmanageable risks.
2.2 In the event that WCK is closed then the pursuant to this clause we may at our sole discretion offer you another session or part session without further charge offer you a reasonable refund.
2.3 WCK may at its sole discretion cancel any bookings that have not been confirmed (i.e paid in full) prior to the activity.
2.4 If you have already commenced your activity when it is cancelled or closed pursuant to clause 2.1 we will take any time you have spent at WCK into account when deciding how best to reasonably compensate you.
2.5 WCK shall not be liable for any failure to observe or delay complying with any of the activity arrangements due to any cause out of their control, this may include, but not limited to, environmental disasters, acts of war or terrorism and major equipment failure.
2.6 We will not accept liability for any other costs howsoever incurred by you or any other individuals or third parties.
2.7 If we have to cancel due to bad weather then you will be offered another chance to re-book a new activity slot at no extra cost or can request a full refund at this stage only.
2.7 If we have to cancel due to any other causes you will be informed 2 days in advance of your activity session. You will be offered an alternative session without further charge.
3. Cancellation by you
3.1 The customer has the right to cancel any sessions by giving WCK notice in writing (letter or email) or telephone conversation with a member of management.
3.2 Payment for the cancelled session will remain as follows: 100% of the total booking fee owed if cancelled 48 hours prior to the activity.
3.3 This agreement may be terminated immediately by notice given by WCK;
3.3.1 if at any time payment due under the agreement is unpaid 28 days after becoming due or if the customer has breached any terms and conditions of this agreement.
4.1 We will not limit our liability to you for any personal injury (including death) which you may suffer as a result of our negligence. Our liability to compensate you for any loss or property damage is limited to a reasonable amount having regards to such factors as to whether or not the damage was due to a negligent fact or omission by us.
4.2 We will compensate you for any loss or damage you may suffer if we fail to carry out our duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless that party are unconnected with our provision of services under this agreement.
5. Equipment, Instruction and Supervision
5.1 If you choose to use your own craft or equipment on your session it is you responsibility to ensure it is of satisfactory quality and fit for the purpose of the chosen activity.
5.2 If we consider your craft or equipment to be unsuitable for the session we require customers to use our chosen craft or equipment.
6. Data Protection/Privacy
6.1 The information you have supplied will be treated in accordance with the provisions of the Data Protection Act 1998.
6.2 We may occasionally take photos of participants for publicity purposes, including our website, and in submitting your booking you are indicating your consent unless you tell us otherwise either in writing (letter or email) or in person.
7. Adherence to Rules
7.1 You must comply at all times fully and promptly with the WCK rules and regulations and all other safety regulations and instructions issued by us and our instructors.
7.2 You must not do anything (or omit to do anything) which may cause damage or loss to our property or facilities, to other participant or cause nuisance, annoyance, disturbance, inconvenience, or injury to any other persons on the premises.
7.3 We reserve the right to terminate the stay/use of facilities by any person/s whom we reasonably consider being in breach of clause 7.1 and/or 7.2 above and said persons may be required to leave WCK immediately. No refunds will be made in the event, and we will not accept liability for any expenses, claims, losses or costs incurred as a result of such termination.
7.4 Our staff endeavour to provide the best service possible and this is appreciated by the majority of our customers. They have the right to work in a safe environment. Anyone who verbally or physically abuses a member of staff may be excluded from WCK facilities and can expect to be dealt with by the Police and prosecute where appropriate, thank you for your cooperation.
8.1 Any persons who are thought to be under the influence of drink and /or drugs (at the sole discretion of WCK staff) will not be permitted to use WCK facilities and partake in activities. No refund will be given.
8.2 If you wish to send us any notice or letters then you should send it to the address and for the attentions of the relevant person you wish to contact. If you are unsure as to whom to send any correspondence, then please send it to Windermere Canoe Kayak, The Boathouse, Ferry Nab, Bowness-on-Windermere, LA23 3JH, Cumbria.
8.3 This agreement is governed and construed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and wales.
8.4 We must be notified of lost property within 2 weeks, as any items found are disposed of after this period.
9.1 Any damage caused by the customer to the facility building, fixtures, or any other property of WCK shall be paid for by the customer and the amount of such damage shall be assessed by WCK whose assessment shall be binding.