Standard T&Cs of sale

Standard Terms and Conditions of Sale

1.  The Agreement

1.1       The Parties to this agreement are:

1.1.1    Lee Valley Leisure Trust Limited of Myddelton House, Bull Cross, Enfield, Middlesex EN2 9HG (the Trust, we, our or us). Our VAT number is 208259214; and

1.1.2    You, the customer, (you or your). If you are booking on behalf of a group, ‘you’ and ‘your’ shall be deemed to include each member of that group.

1.2       These terms, together with the documents referred to in them including our venues’ terms and conditions referred to in clause 1.6.1 below (and also available on each venue’s webpages on our website), along with our website Terms of Use and  Privacy Statement, tell you information about us and the legal terms and conditions (Terms) on which we sell any of our leisure services, including our activity bookings, courses, memberships and accommodation (Leisure Services) or products (including gift vouchers) (Products) to you, including those listed on our website (our website).

1.3       These Terms will apply to any contract between us for the sale of Leisure Services or Products to you (Agreement). Please read these Terms carefully and make sure that you understand them, before ordering any Leisure Services or Products from us. If you are making a booking on behalf of a group, you are responsible for ensuring all group members comply with these Terms.

We amend these Terms from time to time. Every time you wish to order Leisure Services or Products, please check these Terms to ensure you understand the terms which will apply at that time.

Every time you order from us, the Terms in force at the time of your order will apply to the Agreement between you and us, however we may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

1.4       In the case of purchases made online via our website or by telephone (online purchases), before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Leisure Services or Products.

1.5      In the case of purchases made at one of our venues (offline purchases), please note that by ordering any of our Leisure Services or Products, you agree to be bound by these Terms and the other documents referred to in them. Please read these Terms carefully before making your purchase.

1.6    The following documents and information are incorporated into these Terms. By placing an order (whether online or offline) you agree to be bound by the terms of these documents, as applicable:

1.6.1    our venues’ terms and conditions:

1.6.2    our Gift Voucher Conditions of Use.

1.7      For the purposes of these Terms: venue means each of the Trust’s sporting venues, campsites or other sites to which a purchase or booking relates; and in writing includes email.

1.8      To contact us, please see our Venue Contacts page on our website.

1.9       Please note our complaint handling policy can be accessed here.

1.10       Nothing said by any person on our behalf should be understood as a variation of this Agreement or as an authorised representation about the nature or quality of any Leisure Services or Products offered by the Trust. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

2.  Our website

2.1       Your use of our website is governed by our website terms of use. Please take the time to read these, as they include important terms which apply to you.

2.2       We reserve the right to amend the information on our website without notice.

2.3       The images shown on our website are for illustrative purposes only. In relation to our Products, although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.4       All Leisure Services and Products shown on our website are subject to availability. In the case on online purchases, we will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.5       The information contained on our website and the Trust’s booking system is believed to be correct. However the Trust is unable to accept responsibility for any errors or omissions.

3. Types of customer

Consumers

3.1       If you are a consumer, you may only purchase Leisure Services and Products from our website if you are at least 18 years old.

3.2       In addition, certain Leisure Services and Products on our website are only for customers satisfying a specified minimum age requirement. Please do not attempt to order these Leisure Services or Products through our website on behalf of persons who are underage.

Business customers

3.3       If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Leisure Services and/or Products.

3.4       These Terms and any document referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document referred to in them.

4. How the Agreement is formed between you and us

Online purchases

4.1         Our website will guide you through the steps you need to take to place an order with us.

4.2         In the case of Leisure Services, the Trust will confirm that your order has been accepted by sending a booking confirmation email to the email address you provide in your order. Our confirmation by email of our acceptance of your order brings into existence a legally binding Agreement between us.

In the case of Products, after you place an order, you will receive an email from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation).  The Agreement between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.    

4.3         We accept payment for online purchases by selected debit and credit cards as indicated at the start of the order process or by the entry of a valid gift voucher code. Payments by credit card will incur a transaction fee in addition to the price of the Leisure Service or Product. You will be notified of the transaction fee during the ordering process. The total amount payable will be displayed inclusive of the transaction fee. By sending a request to make an order by credit card, you agree to pay the transaction fee in addition to the price of the relevant Leisure Service or Product. Payment for the Leisure Services and Products and all applicable delivery charges is in advance. In the case of orders for campsite accommodation, the applicable deposit amount only is required to make a booking.

Offline purchases  

4.4         We accept payment for offline purchases by selected debit and credit cards, cash (in the form of pounds sterling only), cheque or by redeeming in person a valid gift voucher for a Leisure Service to take place at a later date. At the sole discretion of the Trust, payment may be made by official order and invoice. No receipts for payment by official order will be sent to you unless requested. Payments by credit card will incur a transaction fee in addition to the price of the Leisure Service or Product. You will be notified of the transaction fee during the ordering process at one of our venues.

All purchases

4.5         All purchases of Leisure Services are non-transferable and are not for resale.

5. Cancellation of Leisure Services

5.1         Please note that cancellation terms vary across our venues and for certain bookings no refunds are given.

5.2       Where you have a right to cancel a booking, the cancellation terms set out in the applicable venue’s terms and conditions will apply:

If you would like to cancel a booking, you just need to let us know that you have decided to cancel. The addresses and telephone numbers to contact are on our Venue Contacts page on our website and are also stated on booking confirmation emails. You may also choose to complete the cancellation form on our website. If you use this method we will email you to confirm we have received your cancellation.

5.3        At the Trust’s sole discretion a full refund may be given if you suffer an illness or injury which prevents participation in the booked activity/course. In this case written evidence of the illness or injury will be required.

5.4        Where a venue’s cancellation terms include a refund policy the Trust aims to process refunds within 14 days of receipt of your cancellation request, which must be accompanied by proof of purchase. In the case of bookings made by debit or credit card, refunds will only be made to the particular card used to make the original purchase. Where a cheque has been used to make payment the Trust will issue a refund by cheque and this may take up to 14 working days following bank confirmation that the Trust has received the original payment. Bookings made by the use of gift vouchers are non-refundable and cannot be cancelled, except where the Trust agrees otherwise in its sole discretion.

5.5          Every attempt will be made to ensure that your booked activity takes place as scheduled. However, the Trust reserves the right to cancel bookings and/or close a venue at any time and without notice where, in the Trust’s discretion, it is considered necessary. This may, without limitation, be due to:

5.5.1      unsuitable conditions including prevailing weather conditions;
5.5.2      the minimum number of participants required for any activity not being present; or
5.5.3      any other factors beyond the Trust’s control.

5.6          If the Trust cancels a Leisure Service booking and/or closes a venue, an alternative date or time will be offered to you. If an alternative date or time cannot be agreed the Trust may offer you a full refund.

5.7          If the activity has already commenced when cancellation or closure becomes necessary, any refund or rescheduling will be at the discretion of the Trust. Time already spent undertaking the activity may be taken into account.

5.8          The Trust will not accept liability for any other costs howsoever incurred by you or any other person in connection with your Leisure Service booking.

5.9          Please see clause 12 below in relation to online purchases of Products.

6. Rescheduling of Leisure Services

 Please note that rescheduling terms vary across our venues. If you would like to reschedule your booking, the rescheduling terms set out in the applicable venue’s terms and conditions will apply:

Any rescheduling of a booking made by redemption of a gift voucher may only take place within the applicable validity period of the voucher.

7. Equipment, Instruction and Supervision in relation to Leisure Services

7.1         If you choose to use your own equipment for your booked activity, it is your responsibility to ensure that your equipment is of satisfactory quality and fit for the purpose of the activity to be undertaken. If you have any concerns regarding the use of your equipment, you should contact the office at the relevant venue for advice before submitting a request to make a booking.

7.2        The Trust reserves the right to inspect your equipment. The Trust will not be held liable for any losses (and for the avoidance of doubt no refund will be given) if the Trust refuses to allow any equipment to be used which, in our staff’s opinion, is unsafe, unclean or not suitable for the activity.

7.3       If you choose to use your own equipment, you do so at your own risk and the Trust will not be liable for any damage or loss to your equipment while it is at the venue.

7.4       The training and instruction you may receive from the Trust’s staff is specific to the activity operated by the Trust at a venue. The Trust does not guarantee that the skills learnt during any activity operated by the Trust will be transferable to any other similar activity.

7.5       In order to safely participate in certain activities you must be able to fully understand the safety briefing given to you at the relevant venue. If you do not understand any aspect of the safety briefing, please ask for clarification at the time of the briefing, before you participate in the activity.

8. Adherence to rules in relation to Leisure Services and respecting our staff and other customers

8.1       In booking and participating in an activity, you agree to follow the instructions given by our staff.

8.2       Please treat the Trust’s property and facilities with care at all times.

8.3       If you do not act in accordance with these Terms you may be asked to leave a venue without any entitlement to a refund.

8.4       Dangerous or threatening behaviour will not be tolerated. If you are part of a group which causes a disturbance, the group will be treated as one and our staff have the right to remove the whole group from the relevant venue and no refunds will be given.

8.5       To prevent offensive weapons or dangerous articles from being brought into our venues, all persons consent to being searched if requested. Persons who refuse to cooperate with any such search may be refused entry or removed from the venue, as applicable.

8.6       Smoking (including electronic cigarettes or any other artificial cigarettes or smoking devices) is not permitted anywhere within our venues.

8.7     If you misplace any items while attending one of our venues, you must notify us of such lost property within 6 weeks of the date you attended the venue, as any items found by our staff will be disposed of after this period.

 

9. Liability

Our liability if you are a consumer

9.1       If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this agreement.

9.2       In connection with all Leisure Services, the Trust shall not be liable for:

9.2.1        any damage to or loss of any property or items belonging to you, any member of your group or any third parties; or
9.2.2        personal injury or death of any person but only so far as such injury or death is not caused by the Trust’s negligence.

 9.3       We only supply the Products for domestic and private use. You agree not to use any Product or Leisure Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4       We do not in any way exclude or limit our liability for:

(a)            death or personal injury caused by our negligence;
(b)            fraud or fraudulent misrepresentation;
(c)            any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)            any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e)            defective products under the Consumer Protection Act 1987.

Our liability if you are a business

9.5       We only supply the Products for internal use by your business, and you agree not to use the Product or any Leisure Service for any re-sale purposes.

9.6       Nothing in these Terms limits or excludes our liability for:
(a)            death or personal injury caused by our negligence;
(b)            fraud or fraudulent misrepresentation;
(c)            breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d)            defective products under the Consumer Protection Act 1987.

9.7       Subject to clause 9.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

(a)            any loss of profits, sales, business, or revenue;
(b)            loss or corruption of data, information or software;
(c)            loss of business opportunity;
(d)            loss of anticipated savings;
(e)            loss of goodwill; or
(f)             any indirect or consequential loss.

9.8       Subject to clause 9.6, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the Products or Leisure Services, as applicable.

9.9       Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or Leisure Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

10. Data Protection and Privacy

10.1     Any personal information that you supply will be used in accordance with our Privacy Statement. Please take the time to read this, as it includes important terms which apply to you.

10.2     The Trust reserves the right to carry out photography and/or video recording at the venues for publicity purposes and to reproduce images and footage on our website.  By entering into this Agreement, you agree that the Trust and any party authorised by the Trust may use such images in perpetuity and in any format whatsoever. You further agree that copyright in these materials is owned by the Trust.

10.3     The Trust reserves the right to use CCTV to monitor its venues for security purposes, to review any incidents which may occur and for the purposes of protecting the Trust’s staff, customers and property.

11. Price of Leisure Services and Products

11.1     The prices of Leisure Services and Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of a Leisure Service or Product you ordered.

11.2     Prices for our Leisure Services and Products may change from time to time, but changes will not affect any order you have already placed.

11.3     The price of a Leisure Service or Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

11.4     The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.

11.5     It is always possible that, despite our reasonable efforts, some of the Products or Leisure Services on our website may be incorrectly priced. If we discover an error in the price of the Products or Leisure Services you have ordered online we will contact you and we will give you the option of continuing to purchase the Product or Leisure Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Leisure Services to you at the incorrect (lower) price.

12. Online purchases of Products

Your consumer right of return and refund

12.1   If you are a consumer and have purchased Products from us, you have a legal right to cancel an Agreement during the period set out below in clause 12.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Agreement and receive a refund.

12.2   However, this cancellation right does not apply in the case of:

(a)          customised goods;

(b)          newspapers or magazines;

(c)          rapidly deteriorating goods; or

(d)          sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them.

12.3   Your legal right to cancel an Agreement starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Agreement between us is formed. Your deadline for cancelling the Agreement then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Agreement

End of the cancellation period

Your Agreement is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Agreement is for either of the following:

  • one Product which is delivered in instalments on separate days.
  • multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example:  if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

Your Agreement is for the regular delivery of a Product over a set period.

The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

 

12.4   To cancel an Agreement, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will email you to confirm we have received your cancellation. You can also notify us by post, email or by telephone. The addresses and telephone numbers to contact are on our Venue Contacts page on our website and are also stated on the Dispatch Confirmation. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

12.5   If you cancel your Agreement we will:

(a)        refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b)        refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c)        make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)         if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see clause 12.8;

(ii)        if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Agreement.

12.6   If you have returned the Products to us under this clause 12 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

12.7   We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

12.8   If a Product has been delivered to you before you decide to cancel your Agreement:

(a)     then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Agreement. If we have offered to collect the Product from you, we will collect the Product from the address to which it was delivered. We will contact you to arrange a suitable time for collection;

(b)     unless the Product is faulty or not as described (in this case, see clause 12.6), you will be responsible for the cost of returning the Product to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.

Please make sure you obtain a free stamped proof of postage from the Post Office when you return the Products as we are not responsible for items that are lost in transit or damaged on their way back to us.

12.9   Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Agreement. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 12 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Delivery

12.10   We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an event outside of our control. Please see clause 13 below for our responsibilities when this happens.

12.11   Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from that time.

12.12   You own the Products once we have received payment in full, including all applicable delivery charges.

12.13   Unfortunately, we do not physically deliver to addresses outside the UK or to PO Box addresses. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

The remainder of this clause 12 only applies if you are a consumer:

12.14   If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:

(a)        we have refused to deliver the Products;

(b)        delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)        you told us before we accepted your order that delivery within the delivery deadline was essential.

12.15   If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12.14, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

12.16   If you do choose to cancel your order for late delivery under clause 12.14 or clause 12.15, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

13. Events outside our control

13.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an event outside our control.

13.2     If an event outside our control takes place that affects the performance of our obligations under an Agreement:

(a)        we will contact you as soon as reasonably possible to notify you; and

(b)        our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.

13.3     You may cancel an Agreement affected by an event outside our control. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

14. Rights of Third Parties

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15. Severance and Waiver

15.1     Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.2     If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.

16. Transfers of rights

16.1     We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or obligations under these Terms.

16.2     You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17. Governing Law

These Terms, the Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and are a resident of Scotland, you may also bring proceedings in Scotland.

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