1.1 The following definitions and rules of interpretation shall apply in these conditions:
“August Rock Adventures” is the trading name of Helford Powerboat Charters Limited, company number 11800884. “Conditions” means these terms and conditions for the provision of service. “Contract” means the contract between August Rock Adventures and the customer for the provision of services “Customer” means the person, company, firm or other legal entity, including any employees, agents or subcontractors that place an order or purchase a service from August Rock Adventures. “Service” means any product, service or facility offered by August Rock Adventures to the customer.
1.2 Where the conditions refer to “we, us or our” this means August Rock Adventures (together with its employees, agents and contractors). Where the conditions refer to “you, your, or yourself this shall mean the customer (or for the organisation you work for).
1.3 The headings in these conditions are for convenience only and shall not affect their applicability.
1.4 A reference to the law is a reference to as it is in force for the time being taking into account of any amendment, extensions, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Any reference to “writing” or “written” includes faxes and email”.
2. Application of terms
2.1 These Conditions are the only conditions upon which August Rock Adventures is prepared to deal with the customer. The Conditions shall be incorporated into the Contract to the entire exclusion of all other terms and conditions (including any terms and conditions which the customer purports to apply under any purchase order, confirmation order, specification or other document).
2.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the customer or implied by the law, trade, custom, practice or course of dealing.
2.3 The Customers purchase order, or the Customers acceptance of a quotation for Services by August Rock Adventures, constitutes an offer by the customer to purchase the services specified on these Conditions. No offer placed by the Customer shall be accepted by August Rock Adventures other than:
2.3.1 by a written acknowledgement issued and executed by August Rock Adventures; or
2.3.2 by August Rock Adventures starting to provide the services, when the contract for the supply and purchase of those services on these Conditions will be established.
2.4 The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
3.1 The Customer may make a booking with August Rock Adventures by telephone, email or via our website.
3.2 Full payment is required at the time of booking. Bookings are not confirmed or reserved by August Rock Adventures until we have received the appropriate payment.
3.3 It is a condition of making a booking that the Customer and has read and accepts these terms and conditions. Payment by the Customer indicates the Customers acceptance of these terms and conditions without exception, reservation or amendment.
3.4 It is a condition of the booking that The Customer signs a waiver in the prescribed form before the trip begins. An example of the waiver can be found here.
4.1 All August Rock Adventures services booked by individuals are subject to VAT at the zero rate.
4.2 Any corporate or commercial bookings are subject to VAT at the standard rate applicable at the time of payment.
4.3 Child prices apply to to any person who is under the age of 16 on the day of the trip.
5.Cancellations or Amendments by the Customer
5.1 The Customer may change (subject to availability) their booking up to 48-hours prior to the departure time. We will refund any difference in price.
5.2 The Customer may cancel their booking up to 48-hours prior to the departure time. We will issue a full refund.
5.3 Changes to booking and cancellations are not permitted less than 48 hours before the departure time.
5.3.1 Cancellations with less than 48 hours’ notice will not receive a refund.
5.3.2 "No- shows” will not receive a refund.
5.4 Bookings are not transferable.
5.5 You are strongly advised to ensure you have an appropriate insurance policy in place including cover for you in the event you fail to take the charter.
5.6 COVID 19 CLAUSE - Notwithstanding clauses 5.1 to 5.4, the Customer may cancel or transfer their booking for a trip due to take place during July, August and September 2020 at any time until midnight on the day preceding the trip date and receive a full refund.
6. Cancellation by August Rock Adventures
6.1 August Rock Adventures will use reasonable endeavours to ensure that your trip takes place in accordance with your booking. However, August Rock Adventures reserves the rights to cancel without prior notice and at any time if we believe on reasonable grounds that cancellation is necessary due to unsuitable weather conditions, mechanical, other technical or commercial reasons.
6.2 If August Rock Adventures cancels a booking under the terms of 6.1 you will be offered the following options.
– an alternative trip/charter on the same date or a different date, with any differences in value refunded.
– a full refund of the fee paid
6.3 August Rock Adventures reserves the right to cancel a booking at any time (including during the trip) if in the reasonable opinion of the skipper any passenger appears unable to meet the standards of health described in clause 8. No refund will be issued in this case.
7.1 Fast boat trips are adventurous activities and are hazardous by their nature. It is a condition of the booking that participants, parents and guardians accept and acknowledge that fast moving adventurous water-based activities involve risk of injury or damage to equipment.
7.2 The Customer must comply with all safety guidelines and instructions given by August Rock Adventures and its staff.
7.3 All passengers will be issued with an automatic life jacket. Inflation of the lifejacket at any time other than in an emergency or when instructed by August Rock Adventures will incur a re-arming fee of £30.00.
8.1 Customers participating in an August Rock Adventures boat trip must expect to be involved in an adventurous and strenuous activity.
8.2 The vessel may encounter sudden and unexpected waves or currents which cause a rapid vertical or horizontal movement and significant shock load.
8.3 Customers must be in general good health and must satisfy themselves that the activity is within their abilities. If you are in any doubt, please consult your doctor before booking.
8.4 The standard service is not suitable for;
· Ladies who are pregnant
· Any persons with back, neck or knee injuries
· Any persons with a bone weakening condition
· Any persons who cannot sit on the seats provided and hold on to the safety bar and assume and sustain the desired posture.
8.5 Notwithstanding clause 8.4, it may be possible to arrange a non-standard itinerary for passengers who would normally be excluded due to their medical condition. You must advise us prior to booking if you require a non-standard itinerary. Note, the non-standard trip is dependent on good weather conditions (Beaufort F2 or below).
8.6 The Customer must make August Rock Adventures aware of any injury, illness or other medical condition which may affect your ability to follow safety instructions or the treatment of which may require specialist medical intervention. (examples include, but are not limited to; heart problems, sight loss, hearing loss, loss of strength/grip to hands, arms, legs or feet, problems with balance, diabetes, nut allergy). If you are in any doubt, please consult your doctor before booking.
8.7 Please bring your usual medication with you.
8.8 August Rock Adventures reserves the right to refuse or cancel a booking if, at its sole discretion, it considers a medical condition may be detrimental to the safety of the passenger or other passengers on the trip.
8.9 The customer must not board the vessel if they are exhibiting any COVID 19 symptoms of if they have been associated with any person who has exhibited COVID 19 symptoms within the previous 14 days.
8.9 You will not be permitted to board the vessel if, in the reasonable opinion of August Rock Adventures, you are displaying any symptoms which may be attributable to the COVID 19 virus.
9. Alcohol and Drugs
9.1 You will not be permitted to board the vessel if, in the reasonable opinion of August Rock Adventures, you may be under the influence of drugs or alcohol. No refunds will be given in these circumstances.
10 Intellectual Property
10.1 The copyright and all other intellectual property rights in the products and services shown on the website and leaflet and other materials remain at all times the property of August Rock Adventures.
11. Limitations of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
11.1 This Condition 11 sets out the entire financial liability of August Rock Adventures (including any liability for the acts or omissions of it’s employees, agents and subcontractors) to the Customer in respect of:
11.1.1 any breach of the Contract;
11.1.2 any use made by the Customer of the Services;
11.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Contract.
11.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these Conditions limits or excludes the liability of the August Rock Adventures:
11.3.1 for death or personal injury resulting from negligence by August Rock Adventures; or
11.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by August Rock Adventures.
11.4 Personal property which belongs to the Customer is always the sole responsibility of the Customer. August Rock Adventures shall not accept any liability for loss of or damage caused to the Customer’s personal property unless any loss or damage is due to the negligence of August Rock Adventures or its representatives.
11.5 Subject to conditions 11.2, 11.3 and 11.4:
11.5.1 August Rock Adventures shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
11.5.2 August Rock Adventures’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Customer for the Services.
11.6 For the avoidance of doubt, August Rock Adventures shall have no liability for any loss or damage suffered by the Customer or any other person as a consequence of any negligence or wrongful act on the part of the Customer.
11.7 The Customer is advised to insure against injury or losses incurred during their booking with August Rock Adventures and arrange suitable medical cover for such booking.
12. Photographs or Video Clips
12.1 Photographs or Video clips may be taken during your trip/charter and may appear on our leaflet or on our website or on social media. If customers do not wish to be photographed or filmed this should be raised with the August Rock Adventures and the Skipper.
13. Circumstances Beyond our Control
13.1 August Rock Adventures shall have no liability to the customer under the Contract if it is prevented from or delayed in performing its obligations under the contract or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond its reasonable control including but not limited to act of God, war, invasion, rebellion, riot or civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restrictions, strikes, lockouts or other industrial disputes (whether involving the workforce of August Rock Adventures or any other party), failure of a utility service or transport network, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
14. Rights of Third Parties.
14.1 A person who is not party to this agreement (except, where applicable, any successors and permitted assigns) shall not have any rights under or connection in any with it by virtue of the contracts (right of third parties) Act 1999.
15.1 August Rock Adventures reserves the right to waive any or all the conditions.
16. Applicable Law
16.1 The contract or any dispute or claim arising out of or in any connection with it or its subject matter, shall be governed by and constructed in accordance with English and Welsh law as applied in Wales.
16.2 The Customer irrevocably agrees that any dispute or claim that arises out of or in connection with the contract or its subject matter will be dealt with under the exclusive jurisdiction of the courts of England and Wales.
Last Updated 27/06/2020