Terms & Conditions
Every effort has been made to make the phrasing and language of these terms and conditions as clear and concise as possible. Please feel free to contact us if you would like clarification on any of the points listed below before signing and returning the booking conditions.
BlueSky Experiences Ltd may publish content on the website which may be marginally different or be described in more general terms to your specifically booked activity. The details of your activities will be detailed in a proposal for clients to check before booking is confirmed.
We cannot guarantee that all the activities, venues, facilities and equipment described in BlueSky Experiences Ltd general information or website will be available. The descriptions and images are used as examples of the experience of that activity and the facilities and equipment used
1. TERMS AND CONDITIONS
1.1 What these terms cover. These are the terms and conditions under which we supply services to you. 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are BlueSky Experiences Ltd, a company registered in Scotland. Our company number is SC216426 and our registered office is at Bachilton House, Methven, Perth, Perthshire, PH1 3QX. 2.2 How to contact us. You can contact us by telephoning our customer service team at 01738840804 or by writing to us at info@blueskyexperiences.com or BlueSky Experiences Ltd, Bachilton House, Methven, Perth, Perthshire, PH1 3QX. 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it and we have received the 20% non-refundable deposit from you, at which point a contract will come into existence between you and us and your booking will be confirmed. 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the service. 3.3 Lead Client entering contract on behalf of others. By accepting these terms and conditions and proceeding with the booking, you (on behalf of the whole of the group (the “Lead Client”)) and each individual in the group agrees to pay the non-refundable deposit of 20% to secure the booking. The Lead Client in the group must confirm bookings in writing to us. The Lead Client who submits the enquiry and deals with correspondence relating to this, certifies that he/she is authorised to agree to these Terms and Conditions on behalf of all individuals expected to be participating and who do participate in activities in order to be able to validate the booking. This includes any additional individuals added after the booking has been confirmed or individuals substituted in place of another individual.
4. OUR ACTIVITIES
4.1 Activities may vary slightly from their pictures. The images of the activities on our website are for illustrative purposes only. We may publish content on the website which may be different or be described in more general terms to your booked activity/activities. The details of your activity/activities will be detailed in a proposal/order to check before booking is confirmed. The descriptions and images used in such general information and/or the website are used as examples of the activities, venues, the facilities and equipment used. 4.2 Activities available may vary. We cannot guarantee that all the activities, venues, facilities and equipment described in our general information and/or website will be available.
5. YOUR RIGHT TO MAKE CHANGES
5.1 If you wish to make a change to the activity detailed in the proposal/order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the activity, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. 5.2 If client numbers are to be amended, a new confirmation letter shall be distributed and includes the obligation to pay the fee(s) for any additional participant(s).
6. OUR RIGHT TO MAKE CHANGES
6.1 Minor changes to the activities. We may change the activity: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes will not affect your activity and/or experience. 6.2 Other changes. We reserve the right to change and/or substitute activities, venues, facilities and equipment due to any circumstances which are beyond our reasonable control of. In this instance we will work towards providing activities etc that closely match the original proposal/order however this cannot be guaranteed.
7. PROVIDING THE ACTIVITIES
7.1 When we will provide the activities. We will provide the activities on the date set out in the order.
7.2 We are not responsible for delays outside our control. If our supply of the activities etc. is delayed or suspended or cannot be provided by an event outside our control (including, but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of BlueSky Experiences Ltd or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, pandemic and/or epidemic, government lock-down, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays or suspension or failure to provide activities etc. caused by any of the events listed above, but if there is a risk of substantial delay you may contact us to rebook the activities etc. to another date within the next twelve (12) months at no extra charge (subject to date availability) and/or end the contract and receive a refund of costs paid for activities etc. not provided excluding the 20% non-refundable deposit which represents the deduction in part (at least) of costs and/or expenses incurred by us which are not recoverable by us.
7.3 What will happen if you do not give required information to us. We may need certain information from you and all of the individuals involved in the activities etc. so that we can supply the activities etc. to you, for example, age and/or medical conditions we need to be aware of. If so, this will generally have been stated in the description of the activities etc. on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not supplying the activities etc. if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may suspend the supply of activities etc. to you. Subject to clause 7.2 above we may have to suspend the supply of an activity or activities etc. to: (a) deal with problems or make minor changes; (b) update the activities etc. to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the activities as requested by you or notified by us to you (see clause 6).
7.5 Your rights if we suspend the supply of activities. We will contact you in advance to tell you we will be suspending supply of the activities, unless the problem is urgent or an emergency. If we have to suspend the activities etc. we will either, at our discretion refund any sums you have paid in advance for the activities etc excluding the 20% non-refundable deposit which represents the deduction in part (at least) of costs and/or expenses incurred by us which are not recoverable by us or re-book the activities for an alternative date within twelve (12) months.
7.6 We may also suspend supply of the activities etc. if you do not pay. If you do not pay us for the activities etc when you are supposed to (see clause 12.4) we may suspend supply of the activities etc. until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the activities etc. We will not suspend the activities etc. where you legitimately dispute the unpaid invoice (see clause 12.6). We will not charge you for the activities etc. during the period for which they are suspended. As well as suspending the activities etc. we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have the activities etc that you have paid for, whether there is anything wrong with those activities etc., how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or have the service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the activity, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any activities which have not been provided excluding the 20% non-refundable deposit which represents the deduction in part (at least) of costs and/or expenses incurred by us which are not recoverable by us and you may also be entitled to compensation. The reasons are:
(a) we have told you about a material error in the price or description of the activities etc. you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the activities etc. may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind. For most activities etc. bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of activities etc., once these have been completed, even if the cancellation period is still running.
8.5 How long do I have to change my mind? You have fourteen (14) days after the day we email you to confirm we accept your order. However, once we have completed the activities etc. you cannot change your mind, even if the period is still running. If you cancel after we have started the activities etc., you must pay us for the activities etc. provided up until the time you tell us that you have changed your mind within the aforesaid fourteen (14) day period.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the activities etc. and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for activities not provided but we may deduct from that refund the 20% non-refundable deposit paid as compensation for the net costs we will incur as a result of your ending the contract which represents the deduction in part (at least) of costs and/or expenses incurred by us which are not recoverable by us and a percentage of the price to be paid for the activities calculated as per the below table depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.
Date of Cancellation & Refund Due
Less than 21 days before the event - No refund due – full payment of 100% of the charges is due to us.
More than 21 days before the event - 80% refund – we will retain the 20% non-refundable deposit.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU CHANGE YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by ‘phone or email, subject to obtaining a “read receipt” or a confirmation email from us. Please provide your name, home address, details of the order and, where available, your ‘phone number and email address. We can only accept cancellation of a booking by the Lead Client of the group.
9.2 How we will refund you. We will refund you the monies you paid for the activities etc. by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the activities for the period for which it was supplied, ending with the time when you told us you had changed your mind which represents the deduction of costs and/or expenses incurred by us which are not recoverable by us. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within fourteen (14) days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for activities etc. at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the activities etc.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause
10.1 we will refund any sums paid by you for activities etc. not provided but we may deduct from that refund the 20% non-refundable deposit paid as compensation for the net costs we will incur as a result of your ending the contract which represents the deduction in part (at least) of costs and/or expenses incurred by us which are not recoverable by us and a percentage of the price to be paid for the activities calculated as per the below table depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.
Date of Cancellation & Refund Due Less than 21 days before the event - No refund due – full payment of 100% of the charges is due to us.
More than 21 days before the event - 80% refund – we will retain the 20% non-refundable deposit.
11. IF THERE IS A PROBLEM WITH THE ACTIVITIES
11.1 How to tell us about problems. If you have any questions or complaints about the activity, please contact us. Should you be unhappy with any element of your arrangements, you should notify us immediately so that we have an opportunity to investigate and/or rectify the problem. If you continue to be dissatisfied and wish to complain formally, this should be done in writing and sent direct to us within seven (7) days of your event/activities etc. The matter will be investigated and a reply will be sent to you within four (4) weeks of receipt of the complaint. If compensation is deemed to be appropriate by us this will be limited to and capped at the cost of the particular element of the activities etc. where the problem has arisen. 11.2 Summary of your legal rights. We are under a legal duty to supply activities that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the activity. Nothing in these terms will affect your legal rights. Summary of your key legal rights The Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
12. PRICE AND PAYMENT
12.1 Where to find the price for the activities etc. The price of the activities etc. (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the activity advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the activities etc. you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the activities etc., we will adjust the rate of VAT that you pay, unless you have already paid for the activities etc in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the activities etc. we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the activities etc. at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the activities etc. at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. You must make a non-refundable advance payment of 20% of the price of the activities etc, before we accept your order. We will invoice you for the balance of the price of the activities twenty-one (21) days before the activity date. You must pay this invoice immediately. If the activities etc. are booked within six (6) weeks of the date of the activities etc., a single full value invoice will be issued by us, the 20% non-refundable deposit is payable immediately and full payment is required twenty-one (21) days prior to the event/date of the activities etc.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. Our liability shall be limited to the cost of the activities.
13.3 We are not liable for business losses. We only supply the activities etc. for domestic and private use. If you use the activities etc. for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Insurance. We ask that all individuals/participants take out their own personal insurance covering the risk of participating in the activities etc. We request that all individuals/participants are adequately insured against injury or any other circumstance that may occur by participating in the activities etc.
13.5 Personal Possessions. We do not take any responsibility or accept any liability for loss or damage to personal possessions unless the loss or damage is due to our negligence and/or failure to carry out our duties.
13.6 Public Liability Insurance. We hold £5 million Public Liability insurance.
13.7 Responsibility. You are expected to be aware that activities have an element of risk to them and that in order to ensure your own and others' safety you must follow all safety instructions given to you by members of our staff.
13.8 Duty to Inform. You must advise us in advance of any disability, medical or behavioural problem which might be experienced by any member of the group, which might affect that individual/participant or other individuals/participants during the activities etc.
13.9 Health. Many activities etc. require a good level of fitness and strength endurance. It is each individual's/participant’s responsibility to ensure that their level of fitness meets this standard. If any individual/participant has an existing medical problem we require them to contact their doctor to confirm that they are sufficiently fit and healthy to take part in the particular activities etc. Many of the activities etc. are not recommended for those with a disability, illness or infirmity. We may be able to offer (but cannot guarantee that we will be able to do so) alternative activities which are more suitable to requirements. In this instance please contact us for more details. Pregnant women must make us aware in advance if they are intending to taking part in any of the activities as we cannot take responsibility for any problems occurring, or any individuals restricted involvement in any activities etc.
13.10 Age Restrictions. We operate age restrictions on activities. Please note that the lower age limit for motorised activities is sixteen (16) years and eight (8) years for some other activities. We reserve the right to alter these restrictions at any time.
13.11 Water Based Activities. All individuals/participants taking part in organised water activities such as White Water Rafting must be confident in water when using a buoyancy aid.
13.12 Supervision and Instruction. The decision and the authority of our staff is final and is at all times to be accepted by all individuals/participants. Group leaders agree to act in "loco parentis" at all times.
13.13 Behaviour and Conduct. Our employees, event staff or any person in authority or acting on our behalf in relation to the activities etc. have the ability to terminate your activities etc. if, in our or their reasonable opinion, your behaviour or that of any member(s) in the group is could cause damage, injury, danger, disturbance, distress or annoyance to other members of the group, employees, suppliers, property, the venue, public or any other person. The Lead Client agrees that when booking through us, you accept responsibility and liability for the conduct of your group and each individual in the group during your activities etc. The Lead Client agrees to ensure that all members of the group at all times act in an appropriate, safe and responsible manner and comply with all safety procedures, listen and be present at all safety and information meeting/briefings which are relevant to the activities etc. All members of the group agree to ensure that staff, persons in authority or the event manager are immediately made aware of any equipment or site or venue or facility deficiencies or concerns relating to these. It is the responsibility of the Lead Client and that of the other members of the group to dress suitably for the activities etc. The Lead Client agrees to ensure that all members of the group comply with the timetable of activities etc. Poor timekeeping and/or a failure to keep to the timetable of activities etc. may result in either discontinuation or cancellation of the activities etc.
13.14 Cancellation caused by Poor Timekeeping. In the event of discontinuation or cancellation as mentioned above, we will not be liable for any refund, compensation or any costs/expenses that may be incurred by you or any other members of your group.
13.15 Drugs and Alcohol. Many activities etc. require a high level of concentration and being under the influence of alcohol and/or drugs is forbidden. If the Lead Client or any member of the group has/have, in the reasonable opinion of our staff or persons acting on our behalf, been using drink or drugs or fail to act in a safe, responsible and acceptable manner, we or they reserve the right to cancel or refuse continued participation in the activities etc. In the event of this we will not be liable to pay any refund, compensation or any costs/expenses incurred.
13.16 Damage. Any damage caused by the Lead Client or any member of the group will be charged directly to the Lead Client. This will include any intentional damage or damage arising from unreasonable behaviour (at the reasonable discretion of us or the event manager or any person acting on our behalf) to equipment, machinery, vehicles, furnishings (including hotels), venues and public areas within the facilities booked by the Lead Client on behalf of the group. We or any person acting on our behalf has/have the right to refuse activities etc. or entry to premises/facilities/venues to any individual whose behaviour is in their sole opinion deemed inappropriate. Full payment for any damage or loss (reasonably estimated if not precisely known) caused by you or any member of your group must be made direct to us as soon as possible. Please note that it is the policy of some of our providers to request credit card details of the Lead Client on check in in lieu of any damages or costs incurred during your activities etc. Price lists for additional items, such as restaurant meals, mini bar items and room service, are on display at relevant locations within the relevant premises/facilities/venues and available on request.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our https://www.greatawaydays.co.uk/privacy-policy
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the activities, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and you can bring legal proceedings in respect of the activities in the Scottish courts.