Course booking terms
Setting out the obligations between you and Outdoors Thinking.
The terms explain what happens once you have placed an order, how to make payment, what to do if there is a problem and other important information. They are governed by the law of England, Northern Ireland and Wales, or Scotland, as appropriate.
1. These terms and conditions
1.1 Why you should read them
Please read these terms and conditions carefully and make sure you understand them. They set out the obligations (the 'terms') between you and Outdoors Thinking ('Outdoors Thinking', 'we', 'us', or 'our'). The terms explain what happens once you have placed an order, how to make payment, how you and we may change or end the contract, what to do if there is a problem and other important information. The terms are only available in English.
1.2 You should retain a copy of these terms for future reference.
1.3 What these terms cover
These terms cover the provision of the courses/training that we organise and which are available through Outdoors Thinking training (the 'course').
1.4 Who we are
We are a Private Training Company Limited by Guarantee and our registered office is 40 Olivet Road Sheffield S8 8QS
1.5 How to contact us
You may contact us through our online form, by telephoning our Administrator on 07579021059, by writing to us at Outdoors Thinking, 40 Olivet Road Sheffield S8 8QS, or by emailing us at Info@outdoorsthinking.co.uk
1.6 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 at the time you made your booking. Your email will be added to our newsletter mailing list which you may unsubscribe from at any time following the link at the bottom of the newsletter.
1.7 'Writing' includes emails. When we use the words 'writing' or 'written' in these terms, this includes emails.
2. Our contract with you
2.1 How we will accept your booking
Any description, advertisement and/or documentation issued by us and any description contained on the Outdoors Thinking website or any catalogues or fliers relating to the course are issued and published for the sole purpose of giving you a general idea of the course, its content and objectives. Subject to any obvious error, the description and price of the course will be as quoted on the website at the date your booking is made. All payments under these terms shall be in UK pounds sterling.
2.2 Upon submitting a booking for a place or places on a course, whether online, in writing (including email) or by telephone, you will be given written confirmation of our acceptance of your order (a 'booking confirmation').
2.3 A booking confirmation or attendance at the course (where the booking confirmation has not been received prior to the course) brings into existence a legally binding contract based on these terms between you and us.
2.4 Where you are not the participant, you acknowledge and agree that you have authority to bind any business on whose behalf you have purchased a place or places on a course.
2.5 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
2.6 You acknowledge and agree that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
2.7 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
4. Our rights to make changes
4.1 Changes to the course
We reserve the right to change venues (within the same city/area) and substitute trainers at our discretion.
4.2 Where Outdoors Thinking is unable to deliver the service face to face, the parties may mutually agree on an alternative digital platform for delivery.
3. Price and payment
3.1 Payment
You must purchase the course(s) by paying the appropriate fees as set out on the website or on the literature we have provided to you. Payment can be made in the following ways:
(a) online by credit or debit card using the online payment system at the time of booking, or
(b) choosing to pay by Purchase Order online or by email, where you will be issued with an invoice by email and can pay by BACS.
3.2 Unless you are paying for a course online, an invoice for payment of the appropriate fees shall be sent to the address you provide (whether a physical address or an email address) at the time of booking and it is your responsibility to ensure the address provided is correct.
3.3 You are required to ensure that any invoice is paid within 30 days of the date on the invoice.
3.4 Attendance at the course before we receive payment will form a legally binding contract in accordance with clause 2.3.
3.5 Non-payment
Where you do not pay the appropriate fees in accordance with this Clause 3 or Clause 6.1(b) ii) this will constitute a breach of this contract and, without prejudice to Clause 3.6, we may refuse you and your delegates entry to the course.
3.6 We may take legal action in order to recover any outstanding fees.
3.7 Without prejudice to Clause 3.6, we may refuse or cancel future bookings where payments for a course under these terms remain outstanding.
3.8 What happens if the price as stated is incorrect?
It is always possible that, despite our best efforts, some of the courses we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the course's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the course's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and cancel your place on the course.
3.9 We will pass on changes in the rate of VAT. Where VAT is payable, if the rate of VAT changes between your order date and the date we supply the invoice, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5. About the course(s)
Face to face training
5.1 The course(s) shall take place on the dates and at the venue set out in the booking confirmation unless otherwise changed in accordance with Clause 4.1. We shall use our reasonable skill and care to deliver the course and comply with the information you have been provided about it.
Digital training
5.2 In advance of digital training, both parties will make best endeavours to ensure that the agreed platform is accessible and capable of delivering/receiving the service to an acceptable standard.
5.3 Neither party shall be liable for fault or failure of the agreed platform that may occur during the delivery of the service, should it be deemed outside of their control.
5.4 Any materials provided for or during the courses are protected by Crown Copyright (except where clearly stated otherwise). Re-use of the training materials is not permitted.
6. Cancellation, transfer or postponement
Cancellation
Course cancellations
The Company reserves the right to cancel training courses but will endeavour not to do so within ten working days of the start of the course.
If a training course is cancelled, the Company’s only obligation to you will be, at our discretion, either to reschedule the cancelled course within four months or to refund in full the fees paid by you for the training course.
To the fullest extent permitted by law, the Company will not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a direct, indirect, special or consequential nature arising from such a cancellation.
Where a place needs to be cancelled we will endeavour to support you to achieve the best outcome. Where a course is cancelled at short notice fees will be charged please read below for notice periods and cancellation fees.
Terms and conditions
6.1 You can cancel or transfer your booking in the following circumstances:
6.3 Your rights if we cancel an course
(a) Wherever possible, we will contact you in advance to tell you we will be cancelling the course, unless an emergency requires us to cancel the course on the day.
(b) We reserve the right to cancel or postpone courses if there are insufficient delegate numbers to ensure a high quality training experience or if a trainer is ill.
(c) In the event that we cancel or postpone a course, we will offer you a place on the next available course. Alternatively, you may ask for a refund which shall be made in accordance with Clause 6.4 (b).
6.4 How we will refund you
(a) Where a course is cancelled pursuant to 6.1(a), (c) or (d) and in accordance with Clause 6.2 you shall be entitled to a refund of the fees for that course within 14 days beginning with the day on which we agree that you are entitled to a refund.
(b) Where a course is cancelled pursuant to Clause 6.3(c) we will refund your fees for the course but not any other expenses (for example; hotel or rail fares). Your refund of course fees will be paid within 14 days beginning with the day on which we agree that you are entitled to a refund.
(c) Where you transfer to a replacement course pursuant to clause 6.1(b) and the fee is less than the original course, we will refund the difference as soon as possible but in any event within 14 days beginning with the day on which we agree that you are entitled to a refund.
7. If there is a problem or you have a complaint
7.1 How to tell us about problems
If you have any questions or complaints about the booking process or a course, please contact us using the details in clause 1.5.
8. Summary of your legal rights
8.1 Whilst every effort is made to ensure that our courses are relevant and topical, they are not tailored or bespoke for specific businesses or individuals and therefore all warranties for fitness for purpose and all other express and implied warranties are excluded to the fullest extent lawfully permitted. We cannot accept any legal responsibility of liability for any harm arising from the use of the resources and experiences described on the training course and in the written materials provided.
8.2 Nothing in these terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence
(b) fraud or fraudulent misrepresentation
8.3 Our liability to you shall be limited to the price you have paid for the course and, subject to Clause 8.2 and 8.4, 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 contract, 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
(f) any indirect or consequential loss
8.4 If we are providing courses at your business premises, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the course.
9. How we may use your personal information
9.1 We will use the personal information you provide us:
(a) to deliver the course to you, including on-going information and support during the course between training days
(b) to process your payment for the courses
(c) to give you information about any of the services we offer, but you may stop receiving this at any time by contacting us using the details provided in Clause 1.5
9.2 Your personal information will be processed in line with data protection legislation and in accordance with our privacy policy which is hereby incorporated into this Agreement. Our privacy policy can be provided on request.
'Data protection legislation' means the Data Protection Act 1998, and from 25 May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any additional legislation or regulations that may be made pursuant thereto from time to time.
9.3 Outdoors Thinking attaches significant importance to the evaluation of its services. It will evaluate services following delivery based on completed evaluation forms. Outdoors Thinking agrees to share the outcome of that evaluation with you. In addition, Outdoors Thinking or its research contractor may approach you to carry out a further evaluation of the impact of the training at a later date.
9.4 We will only share your personal information with third parties where the law requires us to do so.
10. Other important terms
10.1 Queries
If you have any queries about the course please contact us using the details provided in Clause 1.5.
10.2 Any notice or other communication given by you to us, or by us to you, under or in connection with this contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or by email.
10.3 A notice or other communication shall be deemed to have been received by us: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9am on the second business day after posting or if sent by email, one business day after transmission.
10.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
10.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.6 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will inform you in writing if this happens and we will use reasonable endeavours to ensure that the transfer will not affect your rights under the contract.
10.7 Nobody else has any rights under this contract. This contract is between you and us. No other person (including delegates whom you have booked places for) shall have any rights to enforce any of its terms.
10.8 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.
10.9 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 allow you to attend the course, we can still require you to make the payment at a later date.
10.10 Which laws apply to this contract and where you may bring legal proceedings
(a) These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation of the contract between us (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, or Scotland, as appropriate.
(b) We both irrevocably agree that the courts of England and Wales, or Scotland, as appropriate, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).