Section 1. Introduction
These Terms and Conditions (T&Cs) comply with the following:
- UK Consumer protection legislation
- The Electronic Commerce (EC Directive) Regulation 2002
- The Consumer Protection (Distance Selling) Regulation 2002
- The Unfair Contracts Act 1977
Please read these online booking terms carefully as you will be asked to expressly agree to them during the booking process on our website.
Section 2. Interpretation
In these online booking terms, “we” means Skydive St Andrews Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer (and “your” will be construed accordingly).
Section 3. Booking process
The advertising of Skydiving on our website constitutes an “invitation to participate”; and your submission of a booking request for a Tandem Skydiving Course constitutes a contractual offer. No contract will come into force between you and us until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to take a Tandem Skydive Course, you will need to select a date (not necessary if you are purchasing a gift voucher) and then proceed to the checkout. You must confirm your order and your consent to these online booking terms; you will then be transferred to the secure website of our payment processor, CardSave. CardSave will handle your payment. We will then send you an initial acknowledgement email followed by a booking confirmation at which point your booking will become a binding contract or we will confirm by email that we are unable to meet your booking request.
We will not file a copy of these online booking terms specifically in relation to your booking. We may update the version of these online booking terms on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these online booking terms for your records. The only language in which we provide these online booking terms is English.
Section 4. The Tandem Skydiving Course
We offer Tandem Skydiving, which you are able to book with us. This can be booked by paying a booking fee or by paying in full.
You may also purchase gift vouchers for the above course.
Please note these courses are regulated by the British Parachute Association and you must attain the required standard to complete the Tandem Skydive, including the medical standards as clearly detailed on our Medical Requirements page. If on completion of the training period you do not meet the required safety standard we will not allow you to make the decent for the safety of yourself and your instructor.
Section 5. Price and payments
Prices for Tandem Skydiving Courses are as quoted on our website. However, we will verify prices as part of our online booking procedures so that the correct price will be stated when you pay (either deposit or full payment) for the Skydive. Payment must be made in full prior to, or on arrival to, Skydive St Andrews. The prices on the website include all value added taxes (where applicable).
The Balance payment made on the day to Skydive St Andrews must be made by cash or card. Prices may change at any time, but changes will not affect contracts which have come into force.
5.1 Charges for alterations to Dates, Names and for Non-attendance
To ensure accuracy, any changes required must be done through the booking office, either by telephone or completion of our contact forms on our website. The booking office operates between the hours of 0900hrs – 1700hrs, Monday to Friday. Confirmation will be emailed to you to confirm the amendments. Please note any changes outside the minimum notice period of 10 days prior to the booking date will not incur a charge.
5.2 To change the name on a Gift Voucher
A payment of £25.00 is required to change the name on a Gift Voucher. A new voucher will then be posted to you.
5.3 If you wish to extend a Gift Voucher (before it has expired)
A payment of £30.00 is required at the time of this request. An extended replacement will be posted to you.
5.4 Failure to attend
Once trained and if the skydive has not been completed on your first visit you will be asked to reschedule to a date that is suitable to you. Failure to attend on a rescheduled date for any reason once the date has been confirmed may, at our discretion, incur a “no show” charge of £50.00. Payment of this charge will be required prior to Skydive St Andrews agreeing a further rescheduled date.
Section 6. Warranties
We warrant that the services provided under these online booking terms will be provided with reasonable skill and care.
You warrant and represent to us that:
- You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these online booking terms;
- The information provided in or in connection with your booking request is accurate and complete;
- You are entering into the contract under these online booking terms as a consumer, and not in the course of a business;
- You will be able to attend the Tandem Skydiving Course at the date and time agreed with Skydive St Andrews;
- You meet the per-requisites as listed on both our website and Medical Form (which you will receive with the confirmation pack);
- You are at least 16 years of age. If you are below the age of 18 years, parental/guardian consent will be required in the form of signatures on BPA Forms 214 and 104. These forms are issued with the course confirmation pack.
Section 7. Booking date
Where we have a valid reason to do so, we may change the Tandem Skydiving Course date by giving you as much notice as possible of the change but any change in date is negotiable.
Section 8. “Cooling off” period
You may cancel a booking at any time within 10 working days following the conclusion of the contract in accordance with Section 3 of these online booking terms, providing that the Tandem Skydiving Course has not actually commenced during that period or you are within the minimum cancellation notice period.
In order to cancel a contract on this basis, you must inform us by writing to: Skydive St Andrews Ltd, Osprey Rd, Fife Airport, Glenrothes, Fife KY6 2SL.
If you book a course inside the minimum cancellation period, then the cooling off period will not apply and you will be unable to cancel the course.
Section 9. Statutory rights
Any statutory rights that you have as a consumer, which cannot be excluded or limited, will not be affected by the online booking terms.
Section 10. Refunds
Booking fee’s or Deposits outside of the cooling off period are non refundable although in some circumstances they may be transferable.
No refunds are possible once inside the booking minimum notice date or are possible once a course has commenced.
Skydive St Andrews does not give refunds due to weather conditions being unsuitable on the day of your skydive. You will be expected to reschedule in this event.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
In the event of you requesting an unjustified charge back from your card provider, we will pursue you directly for payment.
Section 11. Limitations and exclusions of liability
Skydive St Andrews Ltd will be responsible for the booking arrangements of your Skydive. Skydive St Andrews Ltd is required to deliver the service in line with the current British Parachute Association operations manual and requirements of the Civil Aviation Authority (CAA).
Nothing in the online booking terms will:
- Limit or exclude the liability of a party for death or personal injury resulting from negligence.
- Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party.
- Limit any liability of a party in any way that is not permitted under applicable law.
- Exclude any liability of a party that may not be excluded under applicable law. Any statutory rights you have as a consumer, which cannot be excluded or limited, will not be affected by the online booking terms.
The limitations and exclusions of liability set out in this Section (and elsewhere in the online booking terms)
- Are subject to the preceding paragrah
- Govern all liabilities arising under the online booking terms or in relation to the subject matter of the online booking terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of a force majeure event. We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Section 12. Force Majeure
In this Section and Section 11 above, “Force Majeure event” is in simple terms any event which is beyond our reasonable control.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms and conditions, those obligations will be suspended for the duration of the force majeure event. Skydiving, like any other aviation-based activites, is very weather dependent. It may be necessary to travel to our location on more than one occasion to complete your Skydive. There are also a number of other factors outside our control, such as an aircraft becoming unserviceable due to it developing a fault or an instructor becoming sick at short notice, which may have a bearing on your course. Any costs associated with such events are not covered in any way by Skydive St Andrews.
Section 13. General terms
Contracts under these online booking terms may only be varied by an instrument in writing signed by both you and us. We may revise these online booking terms from time to time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these online booking terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these online booking terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any provision of these online booking terms.
Each contract under these online booking terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind or agree and amendment, variation, waiver or settlement under such contracts is not subject ot the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12, these online booking terms contain the entire agreement and understanding of the parties in relation to the event booked on our website, and supersede all previous agreements and understanding between the parties in relation to Skydiving booking on our website. Each party also acknowledges that no representations not expressly contained in these online booking terms have been made by or on behalf of the other party in relation to the booking of Skydiving on our website.
These online booking terms will be governed by and construed in accordance with Scottish law, and the courts of Scotland will have jurisdiction to adjudicate on any dispute arising under or in relation to these online booking terms.
Section 14. About us
Our Principal trading address:
Skydive St Andrews Ltd
Our company registration number is: SC205523
Our email address is: firstname.lastname@example.org
Our telephone number is: 01592 882400
Last Updated: January 17, 2014