2024 CAMPS COMING SOON

Booking Terms and Conditions

This document (together with the documents referred to on it) tells you the terms and conditions on which we book any of the sports and activity camps (camps) listed on our website www.activatecamps.co.uk (our site) or contained within our current brochure (Brochure) with you. Please read these terms and conditions and our policies available from our website, carefully before booking any camps through our site or (if possible) by telephone. You should understand that by booking any of our camps, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of the booking process when booking online to accept them. We will email you a copy of these terms and conditions within your booking confirmation email if you do not agree with them please cancel your booking in accordance with clause 10.1.

Please understand that if you refuse to accept these terms and conditions, you will not be able to book any camps with us.

1. Information about us
2. Your status
3. How the contract is formed between you and us
4. Quality of Camps
5. Provision of Camps(s)
6. Child Information Form
7. Attendance at camp(s)
8. Residential camps
9. Medical Attention
10. Transport
11. Complaints
12. Intellectual property rights
13. Consumer rights
14. Price and payment
15. Childcare Voucher Payments
16. Our refunds policy
17. Disclaimer
18. Limitation of Liability
19. Written communications
20. Data protection
21. Notices
22. Transfer of rights and obligations
23. Events outside our control
24. Waiver
25. Severability
26. Entire agreement
27. Our right to vary these terms and conditions
28. Law and jurisdiction
29. Covid-19

1. Information about us

1.1 Activate Management Limited is registered in England and Wales under company number 9566996 and with our registered office at 17a Arden Business Centre, Arden Forest Industrial Estate, Alcester, B49 6HW. Activate Management Limited manages all projects displayed on the site.

1.2 We operate the website www.activatecamps.co.uk which directs you to any of the websites for the projects detailed in clause 1.1 on which we accept booking online for camps. We also accept camp bookings by telephone on 0121 227 4385.

2. Your status

By placing an order through our site, or by telephone, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) You are the parent or legal guardian of the child(ren) you are booking onto the camp(s) (Participant(s));

(d) All Participants are reasonably fit and healthy, capable of participation on the camp and that you have fully disclosed details of any relevant information on the Child Information Form (as defined in clause 6.1);

(e) All Participants will be (on the date of the camp(s)), between the ages of 5 and 16 years old and in full time education; and

(f) You are resident in and are accessing our site from the United Kingdom.

3. How the contract is formed between you and us

3.1 After booking a camp online or by telephone, you will receive an email from us confirming the booking (Booking Confirmation), which is when the contract between us (Contract) is formed.

3.2 The Contract will relate only to those camps whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other camps, which may have been part of your booking until the confirmation of booking of such camps has been confirmed in a separate Booking Confirmation.

4. Quality of Camps

4.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Camps which:

(a) Conform in all material respects with their description (on our site or in the Brochure); 2

(b) Are carried out with reasonable care and skill;

(c) Are fit for any purpose we say the camps are fit for; and

(d) Comply with all applicable statutory and regulatory requirements for supplying the camps in the United Kingdom.

4.2 This warranty is in addition to your legal rights in relation to services, which are not carried out with reasonable skill and care or which otherwise; do not conform with these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

4.3 These terms and conditions apply to any substitute camps we arrange with you in the unlikely event that the original camps do not conform to these terms and conditions.

4.4 You must provide us, in sufficient time, with any information and instructions relating to the camps that is or are necessary to enable us to provide the camps in accordance with these terms and conditions. This information includes completion of a Child Information Form in respect of each child, together with any other information about the Participants that you think is relevant for us to know in respect of the camps(s).

4.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Contract by giving you written notice.

5. Provision of Camps(s)

5.1 We will provide the camps(s) to the Participant(s) on the date(s) set out in the Booking Confirmation.

5.2 We will make every effort to carry out the camps(s) on time but there may be delays due to circumstances beyond our control. In this case we will complete the camps as soon as reasonably possible, and in the event we have to cancel a camps you will be offered a place on an alternative Camps or a full refund.

5.3 We may have to suspend a camp if we have to deal with technical problems, or to make improvements to the Camps. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.

5.4 We reserve the right to modify a camp due to adverse weather conditions, low attendance or other unforeseen circumstances and will notify you of such modification as soon as possible.

5.5 On occasion we may be required to cancel camps as a result of factors such as low attendance/bookings, venue or facility issues, adverse weather conditions or other unforeseen circumstances. We will notify you of any such cancellations as soon as possible by email and/or telephone.

6. Child Information Form

6.1 Your Child Information Form must be completed for each Participant truthfully and comprehensively, providing us with all information, which may be relevant to the Participants taking part in the Camp.

6.2 Please print, complete, sign and date the Child Information Form and bring it with you on the first day of the camp. We will be unable to accept a Participant onto the camp without a completed Child Information Form.

7. Attendance at camp(s)

7.1 We reserve the right to remove a Participant from the camp(s) or to refuse admittance should we deem it necessary to do so. This includes where a Participant does not comply with the safety rules and advice, does not act responsibly and courteously, is disruptive, does not participate, behaves in a way we deem to be inappropriate in the circumstances, fails to respect or affects the enjoyment of the camp for other Participants. Details of our policies can be found on our website at www.activatecamps.co.uk/parents-information.

7.2 Participants should be dressed appropriately for the activities of the camp(s) on which they are enrolled. We reserve the right to refuse admittance to any Participant who we consider not to be appropriately dressed.

7.3 Participants are required to wear the safety equipment provided by us at all times during the activities. We reserve the right to remove from the Camp(s) any Participant who refuses to wear the necessary safety equipment. We will provide a list of mandatory safety equipment needed for a Camp before attendance if it is something we don’t provide.

7.4 Participants are expected to be reasonably fit and healthy and 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. If you are in any doubt as to whether the Participant should attempt the activities we have set out in our camp details, do talk to us about your concerns prior to booking.

7.5 No refunds or compensation will be payable by us in the event that any Participant is not permitted to, or decides not to, undertake or complete the camp(s) for the reasons set out in this clause.

8. Residential camps

8.1 From time to time we may offer residential camps during which Participants will have activity days and overnight stay(s) (Residential camps). The terms in this clause 8 apply to Residential camps.

8.2 We will provide you with a list of recommended items the Participant should bring to a Residential camp and you are responsible for providing these items for use by the Participant.

8.3 We may take the Participant offsite for supervised visits and excursions that either form part of the Residential camp or are ancillary to it and you hereby consent to these off site visits.

8.4 You and the Participant are responsible for the Participant’s behaviour while on a Residential camp and we reserve the right to remove any Participant who behaves in a way we determine is unacceptable or inappropriate from the Residential camp and will notify you to come and collect the Participant from the site.

8.5 We shall not be liable for the consequences of any inappropriate behaviour or the loss of any Residential camp fees, which are non-refundable in the event of removal of a Participant under the circumstances of clause 8.3.

9. Medical Attention

9.1 In the unlikely event that any Participant requires medical attention while on a camp, including any Residential camp, we will provide first aid on site and make every attempt to contact you.

9.2 You acknowledge and consent to our taking the Participant offsite to obtain medical attention when we deem this is required, if necessary without your consent, in an emergency.

10. Transport

10.1 Unless we have agreed otherwise, you are responsible for arranging transport for the Participant to get to and from any camp.

10.2 All participants must be accompanied to camp on the first morning. If you wish your Child to travel independently on subsequent days we must be provided with written consent.

11. Complaints

11.1 In the unlikely event that the camp(s) do not conform with these terms and conditions, please let us know as soon as possible by telephone, email or by post. We will aim to deal with your complaint within 24 hours of its receipt.

11.2 We will then aim to resolve your complaint within three working days. Where this is not possible, we will communicate and keep you up to date with new time frames.

12. Intellectual property rights

12.1 The copyright, design right and all other intellectual property rights in the Brochure, the site and any other materials and other documents or items that we prepare or produce in connection with the camps are either licensed to or belong to us absolutely.

12.2 You may not use the Brochure, site, materials, documents or other items detailed in clause 12.1 for any commercial purpose.

13. Consumer rights

13.1 Consumer rights are only applicable to any merchandise items bought during the booking process and not applicable to the purchase of camps.

13.2 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the receipt of purchase. In this case, you will receive a full refund of the price paid for the item, as long as it is returned in the original state.

13.3 To cancel a Contract, you must inform us by email or by telephone. 13.4 This provision does not affect your statutory rights.

14. Price and payment

14.1 The price of any camps will be as quoted on our website, except in cases of obvious error. These prices may include or exclude VAT, as specified within the booking confirmation. We are under no obligation to provide the camp to you at an incorrect (lower) price, even after we have sent you a Booking Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

14.2 Prices are liable to change at any time, but changes will not affect camps in respect of which we have already sent you a booking confirmation.

14.3 Any offers or discounts to be applied to the booking will be applied at the time of the booking being made and can only be added retrospectively at the discretion of Activate Camps. Offers and discounts can be withdrawn at any time by Activate Camps, and without notification. Any changes will not affect Camps in respect of which we have already sent you a booking confirmation. Only one percentage discount offer can be applied per booking.

14.4 Payment for camps must be made by Childcare Vouchers, by credit or debit card. We will charge your credit or debit card when we take your booking either online or by telephone and you will be notified immediately that the payment has been processed successfully. Payment for camps is due in full at the time of booking if processed with a credit/debit card. Any payments to be made through childcare vouchers are to be made within 14 days of when the booking confirmation is received.

14.5 Payment must be made in full prior to commencement of the Camp and activities by your child(ren). In the event of full payment not having been received Activate retains the right to refuse access to the Camp until full payment is made and confirmation of this payment is given to the relevant Camp staff by head office.

14.6 If you wish to amend the details of your booking this must be completed via telephone by calling 0121 227 4385. If your booking amendment results in an additional cost, you will be expected to follow the payment terms in outlined in 14.4.

15. Childcare Voucher Payments

15.1 Activate Camps are happy to accept childcare vouchers for payment for our camps. Childcare voucher bookings can be made online at www.activatecamps.co.uk or by telephone by calling 0121 227 4385. We will provide you with a code or reference to use with your childcare voucher provider as well as a booking reference number for your booking. Please ensure you quote your booking reference number when confirming with us that payment has been made. If your childcare voucher provider is not listed with us we will make every effort to register with them in order to fulfill the payment.

15.2 Childcare voucher payments must be received by Activate Camps within 14 days of the original booking, unless by prior arrangement with Activate Camps. If a booking is made less than a calendar month before the start of the camp, voucher payment must be made within 7 days of the original booking, and in all instances all childcare voucher payments need to be received 7 days prior to the start of the camp.

16. Our refunds policy

16.1 You have the right to a full refund if you decide to cancel within 48 hours of completing your booking.

16.2 When you cancel a camp booked with us after the 48 hours has expired:

(a) If this is done any time after the Booking Confirmation is sent and before the date four weeks prior to the first day of the camp, detailed in the Booking Confirmation, we will refund the price of the camp minus a 25% cancellation fee; or

(b) If this is done at any time within four weeks of the first day of camp detailed in the Booking Confirmation, no refund will be offered; or

(c) If this is done for a camp that is already running, no refund will be offered.
In all circumstances, we will initially offer a full credit note in place of the booking, which is then valid for 12 months after the original camp dates are booked.

16.3 If you cancel individual days which were booked as part of a full camp booking, we will recalculate the price of the remaining days based on the daily rate, and this will be reflected in any refund due to you.

16.4 If you cannot attend camp due to medical reasons, upon receipt of a valid medical note, we will offer you a credit for the duration of the camp to be used within 12 months of your original booking. (For cancellations due to COVID 19, see Clause 29.3 below).

16.5 We will process any refund due to you as soon as possible onto the original payment method and, in any event, within 30 days of the day you have given notice of your cancellation.

17. Disclaimer

17.1 By accepting these terms and conditions, you understand and agree that:

(a) The activities of the camp(s) on which any Participant are enrolled involve an inherent risk of injury;

(b) You are responsible for the Participant’s safety and accept this inherent risk in order for your child to participate in the camp;

(c) You will ensure that the Participant acts and behaves appropriately and complies at all times with our safety rules and procedures in order to minimise risk;

(d) You will ensure that the Participant immediately ceases performance of the activities if you are concerned about the safety of the activities or the health of the Participant;

(e) In the event of an accident or any damage, loss, injury or death, we will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities undertaken on the camp (save for in the circumstances excluded under clause 17);

(f) You accept that we will undertake all necessary risk assessments and deliver the camp(s) in as safe as possible a manner, but that this does not remove all risk of injury to the Participant; and

(g) You hereby waive all and any claims against us in respect of clause 17.(e) above.

18. Limitation of Liability

18.1 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the camp you booked and any losses that are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your booking is accepted by us.

18.2 This clause does not include or limit in any way our liability for:

(a) Death or personal injury caused by our negligence; or

(b) Fraud or fraudulent misrepresentation; or

(c) Any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or

(d) Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

(e) Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

18.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

(a) Loss of income or revenue; (b) Loss of profits or contracts; (c) Loss of anticipated savings; or (d) Loss of data;

Provided that this clause 18.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 18.1 or any other claims for direct financial loss that are not excluded by any of categories (a) to (d) inclusive of this clause 18.3.

19. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, and making bookings by telephone, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

20. Data protection

We will only use the personal information you provide to us to provide the camps and in accordance with the terms of our Privacy Policy that can be found at www.activatecamps.co.uk/parents-information.

21. Notices

All notices given by you to us must be given to Activate Camps Unit 17 Arden Business Centre, Arden Road, Alcester, Warwickshire, United Kingdom, B49 6HW or info@activatecamps.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when booking a camp, or in any of the ways specified in clause 18 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

22. Transfer of rights and obligations

22.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

22.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

22.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

23. Events outside our control

23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control (Force Majeure Event).

23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lockouts or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war

(whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks; and (f) The acts, decrees, legislation, regulations or restrictions of any government. (g) Global Pandemics

23.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

24. Waiver

24.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

24.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

24.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 21 above.

25. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. Entire agreement

26.1 These terms and conditions, the Booking Confirmation, the Child Information Form and any other document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

26.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

26.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

26.4 Nothing in this clause shall limit or exclude any liability for fraud.

27. Our right to vary these terms and conditions

27.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

27.2 You will be subject to the policies and terms and conditions in force at the time that you book camps with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary).

28. Law and jurisdiction

Contracts for the booking of camps through our site and by telephone and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

29. Covid-19

Due to the current Covid-19 Global Pandemic, the following additional terms will apply;

29.1 You must not attend the Course(s) if you are experiencing symptoms of Covid-19 or have been advised to self-isolate. The latest information can be found here https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms.

29.2 You will be refused entry to the Course(s) if you do not comply with our Covid-19 screening processes.

29.3 If you or a member of your household has Covid-19 symptoms or is self-isolating, Activate Camps will apply a credit to your booking valid for 12 months from the date on which the written confirmation is received. We request the confirmation in writing via email to info@activatecamps.co.uk along with evidence from Track and Trace.

29.4 In the event a Course(s) cannot proceed due to any legal rules put in place by the UK Government to prevent the spread of Covid-19 then you will be entitled to receive a full refund.

The refunds policy clauses detailed in section 16 remain in force in all other situations.