TERMS AND CONDITIONS - ADRENALIN UPLIFT LIMITED
1.1 In these terms and conditions (the "Terms") "we/us" means Adrenalin Uplift Limited a company incorporated in Scotland (registered number SC580239) and having its registered office at Adrenalin Uplift Ltd, The Uplift Cabin, Innerleithen Trails Car Park, Innerleithen, EH44 6PW. "Website" means the website www.adrenalinuplift.co.uk and "you" means the person placing the order with us for the supply of the Services. "Services" means the services provided to you by us as set out in the Booking Form and confirmed in the Booking Confirmation (as defined below).
1.2 The Terms together with the Booking Confirmation (as defined below) constitute the entire agreement between you and us for the supply of the Services (the “Contract").
2. BASIS OF SALE
2.1 Please check that the details in the Contract are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we do not accept responsibility for statements and representations made verbally by our authorised employees and agents.
2.2 Please ensure that you read and understand these Terms before you submit the booking form on the Website with specific details of your Booking (the “Day Pass”, Weekend Pass”, “Season Pass”, “Private Hire”,”Gift Voucher”), because you will be bound by the Terms once the Contract comes into existence between us, in accordance with clause 2.6.
2.3 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues, brochures or Website, are issued or published solely to provide you with an approximate idea of the services they describe. They do not form part of the Contract between you and us or any other contract between you and us for the supply of the Services.
2.4 If any of these Terms is inconsistent with any term contained in the Booking Form, the Booking Form shall prevail.
2.5 The order for the Services (the "Booking") is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.6 These Terms shall become binding on you and us when we issue you with written (which includes email) acceptance of the Booking (the “BookingConfirmation").
2.7 Any quotation for the Services is given on the basis that the Contract shall only come into existence in accordance with clause 2.6. A quotation from us shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.8 We shall assign an order number to the Booking and inform you of it in the Booking Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Booking.
2.9 We have the right to revise and amend these Terms 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. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.
3. QUALITY OF SERVICES
3.1 Unless we are prevented from doing so by a Force Majeure Event (as defined below), we will provide Services which:
3.1.1 conform in all material respects with their description;
3.1.2 are carried out with reasonable care and skill; and
3.1.3 comply with all applicable statutory and regulatory requirements for supplying the Services.
3.2 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.
3.3 These Terms apply to any replacement Services we supply to you.
3.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services. For the avoidance of doubt, this includes but is not limited to, any requirements and/or assistance with any disability.
3.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, at our sole discretion, we may cancel your Booking by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.6 Should you be arranging your own travel, you must ensure that you arrive at the correct time and place for the Services to be carried out by us.
3.7 We only supply the Services for private use, and you agree not to use the Services for any commercial purpose.
3.8 For the duration of the performance of the Services:
3.8.1 Adrenalin Uplift recommend that you take out sufficient insurance for personal liability and injury because of the high degree of risk associated with mountain biking activities. You should contact a reputable insurer or broker: and conduct yourself in an orderly fashion, not disrupt the enjoyment of others, have respect for your surrounding environment and adhere to all codes of conduct (or similar policies) that may be notified to you from time to time.
4. PROVISION OF SERVICES
4.1 The Services will be supplied for the period of time set out in the Booking Confirmation or until otherwise terminated in accordance with these Terms.
4.2 We will make every effort to deliver the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.3 In the event that we have to suspend all or part of the Services we will let you know in advance, unless the problem is urgent or an emergency.
4.3.1 The Services will be supplied in accordance with the Booking Confirmation. However, we reserve the right to change the Pass booked or location set out in the Booking Confirmation to that of a similar standard. In such event occurring, we will notify you in writing of the change.
5.PRICE AND PAYMENT
5.1 The price for the Services will be confirmed in the Confirmation Order.
5.2 Our prices include VAT where VAT is required. However, if the rate of VAT changes between the date the Confirmation Order is dated (the "Start Date") and the date of delivery of the Services (the "Delivery Date"), we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
5.3 Subject to clauses 6.4 and 6.5, payment for the Services is payable by you to us as follows:
5.3.1 100% of the total amount payable when the Booking Form is submitted (the “Payment").
5.4 The payment methods we accept and our prices are set out on the Website and may vary from time to time.
5.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Booking until you have paid the outstanding amounts.
5.5.1 Clauses 5.5 shall not apply for the period of any dispute you may have with payment, if such dispute is in good faith and let us know promptly.
6. REFUND/CANCELLATION POLICY
6.1 Subject to clause 4.3.1, in the unlikely event that the Services do not conform with the Contract, please let us know as soon as possible and if we agree we will, at our sole discretion:
6.1.1 provide you with a full or partial refund, date change or name change depending on what is reasonable;
6.1.2 re-perform the Services; or
6.1.3 offer a reasonable alternative to that which is set out on the Booking Confirmation.
6.2 For the avoidance of doubt, clause 6.1 shall apply in the event that we cancel the Booking.
6.3 Any Booking you cancel with us must be notified to us in writing ("Cancellation Notice"). The refund payable to you or change of booking shall be based upon the amount of notice you give us and is as follows:
6.3.1 Booking changes made 14 or more days in advance of the booked uplift day can be transferred to another date within 6 months of original booking date, or name change to another participant with details provided in full can be made for an administration charge of £5. Season pass bookings can transfer to another date, or make name change at full day pass difference to be paid at time of change plus the administration charge of £5.
6.3.2 Refunds requested 14 or more days in advance of the booked uplift day will incur a cancellation charge of 35% per person per day.
6.3.3 Booking changes made less than 14 days but more than 7 days in advance of the booked uplift day can be transferred to another date within 6 months of the original booking, or changed to another participants name (subject to availability) for an administration fee of 35% per person. Season pass booking changes can be moved to another day within the pass period for a charge of £7, but cannot be extended into another year.
6.3.4 No refunds will be possible for bookings cancelled less than 7 days before the booked uplift day. This also applies to no shows for the booked uplift. The 7 days prior start from the commencement time of said uplift booking i.e. 9am.
6.3.5 Rider changes require you the person on the booking confirmation to inform us which rider is being changed and the full name of the replacement in writing to firstname.lastname@example.org. Please also ensure that the replacement rider has completed the Acceptance of Risk prior to arriving and forwarded that to email@example.com or handed in to location team prior to riding the uplift.
6.3.6 Gift vouchers are non refundable after 14 days from purchase. Cancellations made within 14 days are subject to a 25% administration fee. Once a gift voucher has been used in part or in full it is no longer refundable. Gift vouchers expire 12 Months from purchase date.
6.3.7 in the event a season pass holder requires to cancel
6.4 These Terms will apply to any replacement Services we supply to you.
6.5 In the event that you breach any term of the Contract, we, at our sole discretion, may cancel the Booking. Should this occur:
6.5.1 you shall not be entitled to a refund of any monies you have paid; and
6.5.2 you shall be invoiced by us, acting reasonably, for all costs we have incurred in connection with your Booking.
6.6 Any amendment to your Booking must be received by us in writing at least 7 days before Uplift service day and charges will apply if you need to change your Booking. Whilst we shall endeavour to accommodate any change to your Booking we accept no liability for being unable to do so.
6.6.2 We will charge for any additional services, facilities or other items changed. In addition we will also charge an administration fee of £10 (plus VAT) per person. If the changed arrangements are more expensive than those originally ordered, you must also pay the price difference. If the change reduces the total cost of the original booking and you provide reasonable notice of such change to us, at our sole discretion, we may refund the difference or a proportion of the difference.
6.7 Adrenalin Uplift require a minimum number of riders booked in order to run the uplift day and as such, we reserve the right to cancel if the minimum number is not reached. A full refund or a transfer to another date would be offered in such circumstances.
7. LIMITATION OF LIABILITY
7.1 Subject to Clause 7.2, we shall not be under any liability (whether or not damage or loss is direct, indirect, consequential, foreseeable, known or otherwise) for loss you suffer in connection with this Contract.
7.2 Nothing in the Contract limits in any way our liability for:
7.2.1 death or personal injury caused by our negligence;
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
7.2.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
1. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
7.3 all participants must sign an acceptance of risk statement prior to participation of the uplift service. This acceptance of risk will cover without exception;
7.3.1 you accept that mountain biking is a potentially hazardous activity.
7.3.2 you understand that it can be physically demanding and that there is a risk of injury and death.
7.3.4 you understand that wearing a helmet is compulsory.
7.3.5 you agree to abide by the Uplift rules and safety code.
7.3.6 you agree to ensure my equipment is fit for purpose.
7.3.7 In the unlikely event of an accident, or loss or damage of my personal effects, you accept that the company will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities (except for death or personal injury caused by the company's negligence).
7.3.8 you certify to the best of my knowledge I do not have a medical condition which might have the effect of making it more likely that I be involved in an incident which could result in injury to myself or others.
8. INSURANCE/PASS INSURANCE
8.1 Mountain biking can be a hazardous activity. There is a risk of injury and death when undertaking such activities. We recommend that you take out sufficient insurance for personal liability and injury because of the high degree of risk associated with mountain biking activities. You should contact a reputable insurer or broker.
8.2 Should the participant have purchased insurance with their pass it will cover, and without further limitation, serious ride-preventing injury with hospital proof, illness with medical proof i.e doctors note, bike theft with police report/crime reference number, ride preventing mechanicals on the day of uplift by 10.30am. The insured participant can in these circumstances reschedule their pass to another date within three months of their original booking.
8.3 Should the Season Pass Holder have purchased insurance for their season pass it will cover ride-preventing injury with hospital proof. Should the Insured Season Pass Holder have a ride-preventing injury with hospital proof their Season Pass will be extended by the period of injury.
9. BEHAVIOUR AND RESPONSIBILITIES
9.1 Guests must have a valid lift ticket or season pass on their person at all times. Guests may encounter ticket checking at any point on the bus. all participants are expected to behave decently and in such a manner as to not harm the reputation of Adrenalin Uplift or injure other uplift participants.
9.2 participants must follow the ride code to ensure you and others have a safe and fun ride.
9.2.1 ADRENALIN UPLIFT reserve the right to exclude riders from the service if the ride code is breached.
9.2.3 ride to your ability – pay attention to grading of trails and ensure that you are competent to ride them.
9.2.4 riders must not ride or push up the trails.
9.2.5 helmets must be worn. You may find that gloves, body armour and a full face helmet are advantageous.
9.2.6 if a rider is hurt, do not attempt to move them and contact a member of staff immediately.
9.2.7 all trail signage must be obeyed. If not obeyed serious injury or even death may occur.
9.2.8 it is the rider's responsibility to ensure their equipment is fit for purpose.
9.2.9 Adrenalin Uplift has a zero tolerance policy to illegal substances, if you appear to be under the influence of alcohol or drugs, you will not be permitted to ride.
9.3 The company does not accept responsibility and is not liable for any negligent acts or defaults of any supplier including suppliers of bike rental equipment, and assistance provided to participants in respect of the setting up bike suspensions, or any other person should you suffer any injury as a result of or in connection with mountain biking on the trails.
9.4 Every rider must sign a disclaimer prior to taking part in the uplift. Those aged under 18 must have signed consent from a parent or guardian aged over 18. Those under 16 must be accompanied by parent or guardian and parent or guardian must stay on site for the duration of the uplift day.
9.5 Adrenalin Uplift reserves the right to remove any participant from all aspects of the uplift service if we feel a client is behaving in an unacceptable manner. The company will not be responsible for any costs the client incurs due to being removed from the service. No refund will be given if you are removed from the service due to your behaviour.
9.6 All your property is your own responsibility. You may be able to make a make a claim if the loss suffered is covered under the terms of your insurance policy.
9.7 Season Passes are not transferable and will be revoked for misuse, or violation of ride code. Pass holders caught transferring, selling and/or sharing their pass will be excluded from the service and lose season pass privileges for the remainder of the season.
9.7.1 Pass holders are responsible for any misuse while the pass is not in their possession. Any lost or stolen passes should be reported immediately to ADRENALIN UPLIFT. If you attempt to on-sell your pass to another person or anyone other than the pass holder, pass privileges will be revoked and a fine of £200 will be incurred.
9.8 When booking an Adrenalin Uplift pass please be honest about your level of riding ability. We rely on your assessment of your fitness and standard of ability. If your ability is vastly different from what you have told us, or below the minimum ability level necessary for riding the trails Adrenalin Uplift are not responsible for delivering trail assistance.
10.1 You are responsible for telling the company of any medical condition that could have any affect on your performance on the uplift service and any pre existing medical problems/conditions.
10.2 Subject to 10.1 above, any medical information you submit to the company will be held in the strictest confidence and the company will abide by obligations under the Data Protection Act and associated legislation.
11.1 Each client is responsible for obtaining all required travel documentation. You must have a valid passport and any required visas. It is also your responsibility to ensure these documents are in good order and that you have them with you when necessary.
11.2 The company is not responsible for any costs incurred due to you not having the correct documentation at the right time.
11.3 Travel Arrangements:
11.4 You are responsible for checking in for all flights and all other travel arrangements in good time and with the correct documentation. The company will not be responsible for any costs incurred to your failure to be there on time or without the required documents.
12. OTHER SUPPLIERS
12.1 We hope that we will not have to make any changes to your uplift pass booked but because our service days are planned many months in advance we sometimes do need to make changes in the event that the land owner has a scheduled event. We reserve the right to do this at any time. We will let you know of any important changes when you book. If you have already booked we will let you know as soon as we can and offer an alternative solution. Please refer to section 6. REFUND/CANCELLATION POLICY
12.2 You must acknowledge that the series you participate in are inherently risky. ADRENALIN UPLIFT does not accept responsibility and is not liable for any negligent acts or defaults of any supplier or any other person, company or corporation not directly under its control.
12.3 Some suppliers may request that you sign a release of liability. If you refuse to sign this, you will be excluded from that activity and no refund will be issued.
13.1 Any complaints or suggestions about the service should be made to the ADRENALIN UPLIFT representative on location and every effort will be made to reach an amicable solution.
13.2 If an amicable solution cannot be agreed, you should complain in writing or by email, within 14 days of the service ending, to the ADRENALIN UPLIFT office or by email to firstname.lastname@example.org
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
14.2.3 fire, explosion, storm, flood, snow, extreme high winds, earthquake, subsidence, epidemic or other natural disaster; or
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
14.2.5 impossibility of the use of public or private telecommunications networks.
1 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations 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 these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to us at Adrenalin Uplift Ltd, The Uplift Cabin, Innerleithen Trails Car Park, Innerleithen, EH44 6PW. We may give notice to you at either the e-mail or postal address you provide to us in the Booking Form. Notice will be deemed received and properly served 24 hours after an e-mail 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. DATA PROTECTION
17.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
17.2 You acknowledge and agree that we may pass your details to credit reference agencies.
18. Acceptance of Risk
18.1 Participation in the uplift will not be permitted without a completed acceptance of risk statement.
18.1.1 I accept that mountain biking is a potentially hazardous activity.
18.1.2. I understand that it can be physically demanding and that there is a risk of injury and death.
18.1.3 I understand that wearing a helmet is compulsory.
18.1.4 I agree to abide by the Uplift rules and safety code.
18.1.5 I agree to ensure my equipment is fit for purpose.
18.2 In the unlikely event of an accident, or loss or damage of my personal effects, I accept that the company will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities (except for death or personal injury caused by the company's negligence).
18.3 I certify to the best of my knowledge I do not have a medical condition which might have the effect of making it more likely that I be involved in an incident which could result in injury to myself or others.
19.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
19.3 These Terms shall be governed by the laws of Scotland and you and we both agree to the non-exclusive jurisdiction of the Scottish courts.