1.1 The Service Provider

 

Roarsome Ltd, 4 Birchanger, Godalming, Surrey, GU7 1PR

Contact: Ed Lewis Pratt - Director - ed@dinoskiwear.com

 

2 Definitions and Interpretation

 

2.1 In these this contract for provision of Services (“Terms”):

“R.Ltd” means Roarsome Ltd, (Company Number: 10857241) whose registered office is 4 Birchanger, Godalming, Surrey, GU7 1PR

“Participant” means any person attending an Event.

“You/ Your” is the person or organization who has made a booking

“Contract” means this document.

“Event” is the booking made to be provided by R.Ltd.

“Price” means the price for the Services and any third party expenses reasonably incurred by R.Ltd for the purposes of the Event.

“Services” means the services agreed to be provided by R.Ltd in providing the Event.

 

2.2 Clause headings shall be ignored in interpretation; the singular includes the plural and vice versa.

2.3 Any provision of these Terms which is invalid or unenforceable for any purpose shall be removed from these Terms for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract.

2.4 Payments will be deemed made to R.Ltd when they have been credited to R.Ltd‘s account in cleared funds.

 

3 Formation of Contract and Rights to Vary or Terminate

 

3.1 No representations made by R.Ltd’s employees will apply to the Contract unless they are confirmed in writing. In entering into the Contract You acknowledge that You have not relied on any such representations unless they have been confirmed in writing.

3.2 You are responsible for giving R.Ltd any necessary information within a sufficient time to enable R.Ltd to perform the Services.

3.3 R.Ltd reserves the right to make any changes to Services if necessary to comply with any applicable law, regulation or safety requirement and to vary the Price by a fair and reasonable amount to take account of the variation. R.Ltd will inform You of any such variation and of its effect, if any, on the Price, as soon as reasonably practicable. If such a change is so significant that you do not wish to continue with the booking, you have the option to withdraw without penalties, providing that you inform R.Ltd immediately. You are then entitled to credit equal to the value of the Event. Credit may be used as part or whole payment to booking any future Event.

3.4 You may terminate a Contract by notice in writing to R.Ltd. If you do so:

3.4.1 60 days before or more, You will be fully refunded 100% less all non-recoverable costs already incurred by R.Ltd.

3.4.2 Less than 60 but 30 days or more before, You will be refunded 65% less all non-recoverable costs already incurred by R.Ltd.

3.4.3 Less than 30 but 7 days or more before, you will be refunded 40% less all  non-recoverable costs already incurred by R.Ltd.

3.4.4 Less than 7 days no refund will be due.

3.5 If R.Ltd terminates the Contract other than pursuant to clauses 7, 3.1 and 3.11, it will repay all monies received from You.

3.6 If You wish to make an amendment to the Contract you should request the amendment in writing and R.Ltd will within a reasonable time let You know:

3.6.1 whether it considers such amendment is reasonably practicable in all the circumstances; and if so

3.6.2 whether it affects the Price or any other terms or requirements relating to the Service.

If R.Ltd considers in its discretion that any amendment would jeopardise the safety of any Participant or is otherwise unsuitable for any other reason it may refuse to accept such amendment and You may in that event cancel the Contract pursuant to clause 3.5.

3.7 On receipt of the information from R.Ltd in 3.3 You shall have 10 days to confirm Your agreement to the change to the Contract and the Price. R.Ltd may delay performance of the Services or any part of them until it has received Your written confirmation that You wish either to proceed or not to proceed with the amendments in question.

3.8 Neither Party may transfer the benefit of the Contract to a third party without agreement in writing of the other party.

3.9 R.Ltd may at any time terminate the Contract forthwith by written notice to You if You fail to pay to R.Ltd any sum when due or if You fail to comply with any safety requirement or obligation set out in these Terms and do not remedy any breach within a reasonable time of notice from R.Ltd to do so.

3.10 Either party may terminate the Contract forthwith by written notice to the other if the other party is or is deemed to be insolvent or steps are taken to:

3.10.1 propose any composition, scheme or arrangement involving the other party and its creditors; or

3.10.2 obtain an administration order or appoint any administrative or other receiver or manager of the party or any of its property or otherwise enforce any security over the party’s property, or repossess its assets; or

3.10.2 file a petition in bankruptcy or to wind up or dissolve the party, or sequestrate its estate or outside England anything corresponding to any of the above occurs.

3.11 Termination of the Contract shall not affect the accrued rights of the You and R.Ltd under the Contract.

 

4 Price

 

4.1 All quotations lapse 30 days after issue.

4.2 You shall pay the Price as set out at the time of booking

4.3 All prices are exclusive of Value Added Tax and any other sales tax or excise duties unless stated otherwise.

4.4 R.Ltd reserves the right to increase or decrease the Price before any Event to reflect any change requested by You as to the date of the Event, to numbers of attendees or to any specifications for the Services, or to take account of any delay caused by You or any failure by You to perform Your obligations in these Terms or by Your failure to give R.Ltd adequate information or instructions.

4.5 The Price quoted by R.Ltd covers the cost of planning, organising and carrying out each Event.

4.6 The Price includes the cost of all specialist equipment, supplies and administration unless otherwise stated.

 

5 Payment Terms

 

5.1 All invoices must be paid in full by their due date

5.2 You may not make any withholding, deduction, set-off, counterclaim or cross demand against an invoice for any reason. In the event of a dispute the full amount must be paid before the due date and a complaint should be submitted in writing, which if found valid may result in a refund.

5.3 Deposit and Full payments must be made by the due dates stated on the invoice. If payments are not made in full by the due date R.Ltd reserves the right to suspend services or terminate the contract as per clause 10. If such delay causes a delay in the date of or cancellation of the Event, You shall remain liable to pay the Price and the time for performance of the Services will be extended to take account of the delay. In any event You shall pay R.Ltd any increased costs incurred by R.Ltd as a result of such delay and R.Ltd may alter its payment and credit terms under the Contract as it considers appropriate.

5.4 R.Ltd may (without limiting its remedies) charge You for R.Ltd’s costs of collectionand (as well after as before judgment) a sum equal to any loss suffered by R.Ltd arising from such delay as well as interest on such sum and on the amount overdue at the same rate as would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and R.Ltd may cancel the Contract and any other contracts with You.

 

6 Provision of Services

 

6.1 R.Ltd shall use all reasonable endeavors to provide the Services booked and shall perform the Services with all reasonable skill, care and diligence.

6.2 Where staff are provided R.Ltd shall:

6.2.1 ensure that all staff engaged by it in the provision of the Services have been appropriately vetted through methods including, where appropriate, interviews, references and DBS checks.

6.2.2 use reasonable endeavours to ensure all staff are suitably qualified and trained to carry out the Services.

6.2.3 comply with all legislation regarding the Services and shall maintain an appropriate ratio of R.Ltd staff to Participants for the Event in question.

6.3 If You are providing the Event Location, You shall:

6.3.1 grant R.Ltd all reasonable access to the Event Location at times reasonably requested by R.Ltd to enable R.Ltd to assess the suitability of the Event Location and to prepare for and perform the Services;

6.3.2 ensure that the Event Location fully complies with the descriptions and terms set out in the Contract and are suitable and safe for the purposes of the Event; and

6.3.3 advise R.Ltd without delay of any changes to the Event Location prior to the date of the Event.

6.4 If in R.Ltd’s reasonable opinion the Event Location requested or provided by You is not suitable for the Event in question for any reason, it may require an alternative Event Location to be provided at Your expense or it may cancel the Contract by notice in writing to You (and in that event it shall repay all monies paid by You other than non-refundable booking fees or deposits paid to third parties incurred by R.Ltd in relation to the Services).

6.5 If R.Ltd is unable to provide a significant proportion of the services agreed to be provided, R.Ltd will do its best to make suitable alternative arrangements. 

6.6 To provide the Event R.Ltd may use outside providers to supply any combination of; travel, activities, facilities, sustenance and staff. Where this is done R.Ltd is responsible for vetting them and ensuring they act within the bounds of this contract.

 

7 Safety and Security of Participants

 

7.1 If requested you shall inform R.Ltd not later than 24 hours prior to the Event of any allergies or other medical conditions which may affect the Participant’s ability to participate in the Event or of which R.Ltd ought reasonably to be aware. If it is later discovered that a pre-existing condition was not declared within the specified time, R.Ltd reserves the right on grounds of the Participant’s safety, to withdraw that Participant from the Event.

7.2 You will arrange for the Participants attending any Event to vacate at the time notified to you and R.Ltd may charge You for its reasonable costs (including without limitation staff costs and travel expenses) related to supervising the Participant after the time notified to you.

7.3 You shall comply, and shall ensure that the Participant complies with all reasonable instructions from R.Ltd’s employees to ensure the safety of all Participants and other persons present and any other requirements. R.Ltd may suspend the Event or the Participant’s participation in the Event if You are in breach of this clause (and shall remain entitled to the Price in such circumstances). 

7.4 You acknowledge and agree that R.Ltd’s employees may administer basic first aid and when acting in loco parentis provide mild pain killers. You agree to those working for R.Ltd to approve medical treatment recommended by an authorised practitioner unless R.Ltd has been informed in writing before the Event commenced.

7.5 If the behaviour of the Participant at an Event is in R.Ltd’s opinion unacceptable for any reason, or if in R.Ltd’s reasonable opinion it is not appropriate for the Participant to continue the Event for any reason (whether by reason of illness, injury or otherwise at R.Ltd’s discretion), You shall at R.Ltd’s request promptly collect the Participant from the Event Location. R.Ltd may exclude the Participant from any activities until he or she has been collected if in R.Ltd’s opinion such exclusion is necessary or for the safety of the Participant or any of the other Participants or is otherwise in the Participant’s best interests.

7.6 The Price shall remain payable in full in any of the circumstances described in clause 7.5. In addition, if You are un-contactable for more than 2 hours You will pay R.Ltd’s reasonable costs (including without limitation staff costs and travel expenses) related to caring for the Participant.

7.7 You acknowledge and agree that R.Ltd may take video and photographic footage of Participants attending any Event and that appropriate footage which does not compromise the safety or security or cause embarrassment of any Participant may be used by R.Ltd for the purposes of promotion and marketing.

 

8 Data Protection

 

8.1 You hereby give permission to Your Participants data being used in accordance with our data protection statement (below) and policy.

“In providing any information to R.Ltd Ltd you understand that we may collect, store and process your data. At all times we will undertake all reasonable precautions to protect your data. Your data may be shared with other companies only where essential to do so in connection with your booking.

R.Ltd Ltd is registered in the UK as a ‘data controller’ in accordance with the provisions of the Data Protection Act 2018. Further details can be found at ICO.gov.uk.”

8.2 You hereby consent to the processing of any personal data (including Sensitive Data as defined in the Data Protection Act 2018) relating to the Participant for the purposes required for the performance of the Services in accordance with these Terms. In particular, but without limitation, You consent to the processing (including gathering, storing and use) by R.Ltd and third parties engaged by R.Ltd in the performance of the Services of medical details relating to the Participants for the purposes of protecting the health and safety of the Participant at any Event.

8.3 R.Ltd will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data You provide to us. We may use personal data which You provide or which we hold about any Participant for the purposes of performing the Services and to keep You informed about other services and products provided by us and selected third parties (but R.Ltd will not disclose personal data about You or any Participant to any third party except as necessary for the performance of the Services or to comply with overriding statutory obligations).

8.4 You warrant that any personal data which You provide to us, whether relating to the Participants or otherwise, may be processed by R.Ltd for the purposes of performance of the Services and You undertake to indemnify us against any cost, claim, damage or expense which we incur in relation to any claim by a data subject (as defined in the Act) that such processing was in contravention of their statutory rights, except to the extent if any that such claim relates to any breach solely by us of this clause.

 

9 Insurance

 

9.1 You acknowledge that all risks related to the Event, except for the risk of physical injury to person or damage to property directly caused by R.Ltd’s negligence, are borne by You on behalf of Your Participants are advised to insure accordingly. You acknowledge that the Price reflects this balance of risk. Your attention is further drawn to the limitations of R.Ltd’s liability in clause 10 below.

9.2 R.Ltd shall hold insurance cover in respect of professional indemnity, product liability and public liability.

 

10 Limitations of Liability

 

10.1 Nothing in these Terms shall limit or exclude any liability of R.Ltd which may not be limited or excluded by law, including without limitation liability for death or personal injury caused by R.Ltd’s negligence or for fraud or fraudulent misrepresentation.

10.2 Subject to clause 10.1, R.Ltd shall have no liability (whether arising under contract, for breach of statutory duty or otherwise) to the extent that such liability would not have arisen but for Your breach of the Contract.

10.3 Subject to clause 10.1, You agree that by entering into the Contract you acknowledge R.Ltd’s level of expertise and that by participating in the Services the Participant may suffer loss or damage. You acknowledge that You have voluntarily assumed the risk of such loss or damage and You therefore waive any claim for such loss or damage against R.Ltd and/or its employees.

10.4 Subject to clause 10.1, R.Ltd’s aggregate liability for all claims in relation to the Contract (whether in contract, tort or for breach of statutory duty or otherwise) shall not exceed the Price paid by You.

10.5 Subject to clause 10.1, R.Ltd shall not be liable for any loss which is or which represents disappointment, injury to feelings, loss of reputation, third party liability, loss of anticipated benefit, loss of profit or management time.

10.6 R.Ltd shall not be liable for any failure to perform any or all of its obligations under the Contract by reason of any severe weather, fire, flood or other act of God, armed conflict, civil unrest, industrial action, order of public authority, pandemic restrictions or any cause whatsoever beyond its control. In such circumstances R.Ltd, without prejudice to the accrued rights and remedies of each party, may terminate the Contract without liability for such termination and shall refund the Price less any non-refundable deposits, booking fees or other charges incurred by it at the date of such termination for the purposes of the Services. 

10.7 In the case of the booking being unable to proceed due to Covid restrictions being put in place, You may either choose to receive a full refund of all monies paid or a credit not for a future Event

 

11 Package Travel, Package Holidays and Package Tours Regulations 1992

 

11.1 Where R.Ltd provides a “Tour” comprising any two of Accomodation, Activities or Transport, it is required by law to be bonded under the 'Package Travel, Package Holidays and Package Tours Regulations 1992'.

11.2 The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for R.Ltd Ltd, and in the event of their insolvency, protection is provided for the following:

 

non-flight packages commencing in and returning to the UK;

non-flight packages commencing and returning to a country other than the UK; and

flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK. 

 

1, 2 and 3 provides for a refund in the event you have not yet travelled.  1 and 3 provides for repatriation.  Please note that bookings made outside the UK are only protected when purchased directly with R.Ltd.  

12 Lines of Responsibility

 

12.1 Some of your Participants may also hold positions of authority within your organization (e.g. teacher).

12.2 Any Participant who falls into the realm of clause 12.1 will at all times be subject to R.Ltd due to their experience and qualifications.

12.3 In agreement with the Event Leader the individuals who fall into the realm of clause 12.1 may take an active role in the supervision of the other participants and take an active role in leading the session where agreed by the Event Leader.

12.4 You may appoint the senior person from your organization who will be a Participant to act as a liaison between R.Ltd and your organization in the event of an emergency.

12.5 Clause 12.3 and 12.4 in no way impedes upon the validity of clause 12.2.

 

13 General

13.1 You acknowledge that all intellectual property rights in and relating to the Services (including but not limited to trade marks, copyright and design rights) shall remain the sole property of R.Ltd.

13.2 No previous waiver of any breach of the Contract shall constitute any waiver of any right or remedy.

13.3 The Contract may not be assigned by either party without the written consent of the other party.

13.4 Clauses 2, 3.5, 3.7, 5.4, 5.5, 9, 11, 12 and this clause 13 shall survive termination of the Contract.

13.5 A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce the Contract but this does not affect any right or remedy of a third party which is available apart from that Act.

13.6 The Contract shall be governed and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.

 

 

14 Signatures

 

14.1 On behalf of R.Ltd

Name: Ed Lewis Pratt

Position: Director / Co-Founder