1.Definitions and Interpretation

In these Terms and Conditions:

Business Customer means a Customer acting in the course of a trade, business, profession or occupation.

Booking means any booking made with Bala 4x4 Limited for a training course, driving experience, event, activity or other service.

Customer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

Gift Voucher means a voucher purchased from Bala 4x4 Limited entitling the holder to redeem a specified experience, activity or service.

Participant means any individual attending or taking part in a training course, driving experience, event or activity.

Site means Bala 4x4 Limited's premises, training facilities, tracks and associated land.

Terms means these Terms and Conditions.

References to the singular include the plural and vice versa.

These Terms apply to all Bookings, Gift Vouchers, Participants and activities unless otherwise agreed in writing.

 

2.Bookings and Contract Formation

2.1. A Booking constitutes an offer by the Customer to purchase services from Bala 4x4 Limited.

2.2. A Booking shall only be accepted when Bala 4x4 Limited confirms acceptance in writing, whether by email or otherwise.

2.3. A legally binding contract shall arise upon Bala 4x4 Limited's acceptance of the Booking.

2.4. The Customer confirms that all information provided during the booking process is complete and accurate.

2.5. Where a Booking is made on behalf of another Participant, the Customer warrants that they have authority to accept these Terms on that Participant's behalf.

2.6. All Bookings are subject to availability.

2.7. The Customer acknowledges that acceptance of a Booking confirmation and participation in any course, experience or activity constitutes acceptance of these Terms.

2.8. Where a Booking or Gift Voucher relates to leisure activities to be provided on a specific date, dates or during a specified period of validity, the statutory cancellation rights contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply. Any cancellation shall instead be governed by these Terms and Conditions.

2.9. Nothing in these Terms affects any statutory rights which cannot be excluded or restricted by law.

 

3.Prices and Payment

3.1. Prices are those notified by Bala 4x4 Limited at the time of booking.

3.2. Full payment must be received before the relevant experience, course or activity unless otherwise agreed in writing.

3.3. Bala 4x4 Limited reserves the right to refuse participation where payment has not been received.

3.4. If payment is not received by the due date Bala 4x4 Limited may cancel the Booking without liability.

3.5. All prices include VAT where applicable.

3.6. Any certificate issued by Bala 4x4 Limited in connection with a Booking shall only be released once all sums due in respect of that Booking have been paid in full.

3.7. Where the Customer is a Business Customer, all sums due under these Terms shall be payable in full without deduction, set-off, counterclaim or withholding.

3.8. Where the Customer is a Business Customer, Bala 4x4 Limited may charge interest on overdue sums at 4% above the Bank of England base rate.

 

4.Gift Vouchers

4.1. Gift Vouchers may only be redeemed in accordance with these Terms and any conditions stated on the voucher.

4.2. Gift Vouchers are valid for twelve months from the date of issue unless otherwise stated.

4.3. Gift Vouchers must be redeemed prior to their expiry date.

4.4. Redemption of Gift Vouchers is subject to availability. Bala 4x4 Limited shall not be responsible for any inability to redeem a Gift Voucher before its expiry date where booking requests are made shortly before expiry.

4.5. Gift Vouchers are transferable but are not refundable and have no cash value.

4.6. Where a Participant wishes to redeem a Gift Voucher after its expiry date Bala 4x4 Limited may, at its absolute discretion, permit an extension subject to payment of an administration fee.

4.7. Bala 4x4 Limited reserves the right to charge any difference in price where the cost of the relevant experience has increased since the Gift Voucher was purchased.

 

5.Booking Amendments and Re-bookings

5.1. Requests to amend a Booking must be made as soon as reasonably practicable.

5.2. Bala 4x4 Limited will use reasonable endeavours to accommodate amendment requests but cannot guarantee that amendments can be accommodated.

5.3. Bala 4x4 Limited may charge a reasonable administration fee in connection with amendments or re-bookings.

5.4. Any re-booking remains subject to availability.

 

6.Cancellation by the Customer

6.1. Cancellations must be notified to Bala 4x4 Limited in writing.

6.2. Where a confirmed Booking is cancelled the following charges shall apply:

(a)more than 28 days prior to the booking date: no cancellation charge;

(b)15 to 28 days prior to the booking date: 25% of the booking value;

(c)7 to 14 days prior to the booking date: 50% of the booking value;

(d)less than 7 days prior to the booking date: 100% of the booking value.

6.3. Where the Customer is a Business Customer, the following cancellation charges shall apply:

(a) more than 28 days prior to the booking date: no cancellation charge;

(b) between 14 and 28 days prior to the booking date: 50% of the booking value;

(c) less than 14 days prior to the booking date: 100% of the booking value.

6.4. Bala 4x4 Limited may waive cancellation charges at its absolute discretion.

6.5. Failure to attend without prior notice shall be treated as a cancellation occurring less than 7 days prior to the booking date.

6.6. Bala 4x4 Limited may, in appropriate circumstances and at its absolute discretion, permit a re-booking instead of applying cancellation charges.

6.7. The cancellation provisions contained in this clause are without prejudice to any statutory rights available to consumers.

 

7.Cancellation or Postponement by Bala 4x4 Limited

7.1. Bala 4x4 Limited reserves the right to cancel, postpone or amend a Booking where reasonably necessary.

7.2. Circumstances which may require cancellation or postponement include:

(a) severe weather;

(b) flooding;

(c) safety concerns;

(d) vehicle unavailability;

(e) instructor unavailability;

(f) circumstances beyond Bala 4x4 Limited's reasonable control.

7.3. Where Bala 4x4 Limited cancels a Booking it may, at its discretion:

1. offer an alternative date;

2. offer an alternative experience; or (c) provide a refund.

7.4. Bala 4x4 Limited shall not be liable for any travel, accommodation, loss of earnings or other consequential costs incurred by the Customer arising from cancellation or postponement.

 

8.Participant Requirements

8.1. Participants must comply with all instructions given by Bala 4x4 Limited and its instructors.

8.2. Participants must not be under the influence of alcohol or drugs.

8.3. Participants must disclose as soon as reasonably practicable any medical condition, medication, disability or other matter which may affect safety or participation.

8.4. Bala 4x4 Limited reserves the right to refuse participation where it reasonably considers that participation may create a risk to safety.

8.5. Participants must complete any documentation required by Bala 4x4 Limited before participating.

8.6. Participants who will be driving a vehicle must produce a valid driving licence upon request. Bala 4x4 Limited reserves the right to refuse participation where a driving licence is not produced.

 

9.Safety and Conduct

9.1. Participant safety is Bala 4x4 Limited's highest priority.

9.2. Participants must behave responsibly at all times.

9.3. Bala 4x4 Limited reserves the right to terminate a Participant's attendance immediately where:

(a) safety instructions are ignored;

(b) behaviour is reckless or dangerous;

(c) a Participant acts abusively towards staff or others;

(d) continued participation creates an unacceptable risk.

9.4. No refund shall be payable where attendance is terminated in accordance with this clause.

 

10.Use of Bala 4x4 Limited Vehicles

 10.1. Bala 4x4 Limited shall provide vehicles appropriate to the relevant activity.

10.2. Participants must operate vehicles in accordance with instructions provided by Bala 4x4 Limited.

10.3. Participants shall not deliberately misuse, abuse or intentionally damage any vehicle.

10.4. Participants remain responsible for damage or loss caused by reckless, dangerous or irresponsible conduct.

10.5. Bala 4x4 Limited reserves the right to recover from the Participant any uninsured losses, insurance excesses, repair costs or other losses arising from the Participant's acts or omissions.

 

11.Use of Customer Vehicles

 11.1. Participants using their own vehicles do so at their own risk.

11.2. Bala 4x4 Limited accepts no responsibility for loss of or damage to any Participant-owned vehicle.

11.3. Participants remain responsible for ensuring that their vehicle is suitably insured, maintained and fit for the intended activity.

11.4. Participants must ensure their insurance policy provides cover for the relevant off-road activities.

 

12.Passengers, Spectators and Children

12.1. Children remain the responsibility of their parent or guardian at all times.

12.2. Any minimum age, height or eligibility requirements notified by Bala 4x4 Limited must be complied with.

12.3. Where a child requires a child seat or booster seat by law or for safety reasons, the parent or guardian is responsible for providing and correctly fitting an appropriate seat.

12.4. Bala 4x4 Limited reserves the right to refuse participation where an appropriate child seat or booster seat is not available.

12.5. Passengers and spectators must comply with all instructions issued by Bala 4x4 Limited or any person acting on its behalf.

12.6. Bala 4x4 Limited does not provide supervision services for non-participating children.

12.7. Bala 4x4 Limited reserves the right to refuse access to any person whose attendance gives rise to safety concerns.

 

13.Damage to Vehicles and Property

13.1. Participants shall be liable for damage caused to vehicles, equipment, livestock, fencing, gates, signage or other property where such damage arises through:

(a) reckless conduct;

(b) failure to follow instructions;

(c) misuse of vehicles;

(d) deliberate acts or omissions. ​

13.2 Bala 4x4 Limited reserves the right to recover the cost of repair, replacement or reinstatement.

13.3 Nothing in these Terms shall prevent Bala 4x4 Limited pursuing any other remedy available at law.

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14.Liability

          14.1.  Nothing in these Terms shall exclude or limit liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any liability which cannot lawfully be excluded or limited.

          14.2.   Subject to the above, Bala 4x4 Limited shall not be liable for:loss of profit;

​(a) loss of business;

(b) loss of revenue;

(c) loss of opportunity;

(d) loss of goodwill;

(e) Indirect or consequential losses.

14.3. Participation in off-road driving and associated activities involves inherent risks.

14.4. Participants participate in such activities acknowledging the existence of those risks.

14.5. Where the Customer is a Business Customer, Bala 4x4 Limited's aggregate liability arising out of or in connection with the Booking shall not exceed the total charges paid by the Customer in respect of the relevant Booking.

14.6. Where the Customer makes a Booking on behalf of employees, contractors, agents or other attendees acting in the course of business, the Customer shall indemnify Bala 4x4 Limited against losses arising directly from any breach of these Terms by such attendees.

 

15.Photography and Marketing

          15.1. Bala 4x4 Limited may take photographs and video recordings during activities.

15.2. The use of photographs, marketing communications and personal information shall be governed by Bala 4x4 Limited's Privacy Policy and any consents provided by the Customer or Participant.

 

16.Privacy and Personal Data

          16.1. Bala 4x4 Limited processes personal data in accordance with its Privacy Policy.

16.2. Customers and Participants should read Bala 4x4 Limited's Privacy Policy before making a Booking or participating in an activity.

16.3. Personal information may be collected for safety, booking administration, emergency contact and legal compliance purposes.

 

17.Complaints

17.1. Any concern arising during an activity should be raised with a Bala 4x4 Limited instructor or representative as soon as reasonably practicable.

17.2. If the matter cannot be resolved immediately, complaints should be submitted in writing within 14 days.

17.3. Bala 4x4 Limited will investigate complaints and respond within a reasonable period.

 

18.General

          18.1.  These Terms constitute the entire agreement between the parties.

18.2. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.3. Bala 4x4 Limited shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control.

18.4. Bala 4x4 Limited may update these Terms from time to time. Any revised Terms shall apply to Bookings made after the date on which the revised Terms are published. Bala 4x4 Limited reserves the right to apply updated Terms to existing Bookings where reasonably necessary to comply with applicable law, regulatory requirements or for health and safety reasons.

18.5. These Terms and any dispute arising from them shall be governed by the laws of England and Wales and subject to the jurisdiction of the courts of England and Wales.