General Website Terms and Conditions

(1)     Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.  If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2)     Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)      reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)      edit or otherwise modify any material on the website; or

(f)      redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

(3)     Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(4)     Restricted access

Access to certain areas of our website is restricted.  We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(5)     User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6)     Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)     Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)      to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)      we will not be liable for any consequential, indirect or special loss or damage;

(c)      we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)      we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(8)     Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9)     Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10)   Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(11)   Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(12)   Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13)   Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(14)   Entire agreement

These terms of use , together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(15)   Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(16)   Cancellation Policy

Deposit and final payment.

Unless otherwise specified on your booking form, a 25% deposit is required upon booking. The balance shall be invoiced for as soon as the programme commences and requires payment within 30 days of receipt.

Cancellation.

Bookings are made on the basis of minimum numbers attending the programme, should your numbers drop below this you will be charged for your minimum numbers as stated on the form at the time of booking.

Should you wish to cancel the entire programme, the person who is named on the booking form must inform Embercombe in writing immediately. Monies already paid to Embercombe will only be refunded in the case of programmes being cancelled no later than 9 weeks before the date of arrival. Should the programme be resold and in all cases a cancellation fee of £200 will be retained by Embercombe. All costs relating to programmes cancelled within the period 9 weeks before the date of arrival remain payable in full notwithstanding notification of cancellation.

In relation to programmes cancelled no later than 9 weeks before the date of arrival, Embercombe will use its best endeavours to resell any cancelled programme at full price. However, should Embercombe deem a discount necessary to facilitate such a sale, the difference between the full price and the discounted price will be deducted from the amount of monies already paid to Embercombe as a deposit or otherwise. Embercombe will aim to minimise any such discounts on a resale but shall at its sole discretion decide whether to offer one and the appropriate amount with a view to minimising its own losses due to the cancellation

Cancellation by us.

In the extreme case that we must cancel your programme a full refund of all payments made to Embercombe will be made. Embercombe liability will be limited to the total of such payments.

Under 18’s.

Embercombe will not accept participants or guests under the age of 18 years unless a guardian accepting full responsibility accompanies them to all activities arranged as part of

the programme. Parents/Guardians leaving their children unattended do so at their own risk.

Complaints.

In the unlikely event that you have reason to complain please immediately notify us and we will make all attempts to assist. If you are still not satisfied on your return home, you must write to us with full details of your complaint within 28 days of the end of your programme.

Transport.

All transport to and from the activities arranged by Embercombe is the guest’s responsibility and we cannot accept responsibility for injury or damage whilst travelling or accept responsibility for any delay for activities due to break down. All attempts will be made to assist in rectifying any problems in this regard.

Behaviour.

When you book a programme with Embercombe you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made at the time to us or to any third party concerned. We expect all participants to have consideration for other people. We reserve the right to terminate the programme without notice if any person’s behaviour is considered to cause danger to others. Embercombe cannot accept liability for any damage or injury to persons or property whilst on a programme with us.

Care of your accommodation.

Participants shall take all reasonable and proper care of the property and its furniture, fittings and effects in or on the property and leave them in the same state of repair and condition at the end of the programme as they find them on their arrival. Any damage will be charged to participants at a reasonable rate and payment shall be made in full prior to departure.

Health and safety.

Please notify us of any health problems of any members of your party. We do not want to arrange unsuitable activities. Embercombe does not accept responsibility for any death, injury, loss or damage that occurs whilst activities arranged by us are carried out or whilst at Embercombe. It is the responsibility of parents/guardians to supervise their young children and those children who cannot yet swim.

Activities.

The activities requested by groups may become unavailable during your programme for reasons beyond the control of Embercombe. In such circumstances Embercombe will use best endeavours to make alternative activity arrangements.

Terms and conditions.

The terms and conditions on the Embercombe website at the time of your programme will be those that apply to your programme and you agree to be bound by them.

Applicable law.

English law shall govern the terms of this agreement and the jurisdiction of the English courts will apply to any dispute hereunder.