WATER SKILLS ACADEMY (WSA) TERMS & CONDITIONS

(Please Note that the TIRIO terms and conditions follow on below where the WSA T&Cs finish)

Applicability of these Terms

These terms and conditions apply to purchase of WSA membership and all bookings of WSA courses and trips (sometimes referred to on our website as “holidays”).

WSA or “we”, “us” means Water Skills Academy Limited (Company number 09011409), Registered Office Address: 17 Oak View Road, Wadebridge, Cornwall, PL27 6FH,UK

You, as the person purchasing WSA membership submitting the booking, are responsible for ensuring you have read and acknowledged the terms and conditions and confirmation of this shall be binding on all people named in the booking.

These terms and conditions take precedence to any matters set out on our website.

For bookings of courses and trip, we highlight to you the sections headed “CANCELLING, AMENDING AND REFUND POLICY” AND  “DISCLAIMER FOR DEATH, PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY” set out below.

WSA Membership

The different types of WSA membership and the features and benefits associated with each of these are set out on the WSA website. “Recreational Membership” is a membership for individuals and families and is offered by WSA as consumer service. “Professional Membership”, “Club Membership” and “Provider Membership" are business to business services.

A Recreational Membership may be cancelled within 14 days of you purchasing or renewing on the WSA website by giving notice on the Contact Form on the website.  If you cancel with this 14 day period you will receive a full refund of the membership fee paid, except in the event that you have made any claim on the third-party liability insurance forming part of the membership package, in which case no refund will be given.  After you cancel your membership and have received a refund, you will not be able to make any later claim on the membership insurance relating to the time prior to cancellation.

For Professional Membership, Club Membership and Provider Membership, if you cancel after purchase or renewal, no refund will be given. 

Taking out and maintaining a specified level of WSA Membership may be prerequisite for booking and attending certain WSA courses and/or trips or to the award or maintenance of certain WSA qualification or accreditations – as specified in the description of those courses / trips and qualifications / accreditations.  Failure to take out and maintain or cancelling WSA Membership may mean you cannot participate in those WSA courses / trips, or the applicable qualifications / accreditations may be suspended or revoked.      

Participation ratios on WSA Courses & Trips: 

Our courses require a minimum of six (6) participants. Our trips are generally run on a one (1) guide / leader per four (4) or per six (6) participants, depending on the type of trip, the location and environment.

Minors:

WSA does not allow participation in our courses / trips by minors (people under the age of 18 at the time of the course /trip)

Payment:

Course payments must be made in advance via Tahdah, our online booking system or for trips directly through our website. Unless otherwise advertised on TahDah or our website the course or trip must be paid for in full at the time of booking. 

Change of Participants in a Booking:

All bookings are specific to the person named as the participant at the time of booking and you must not change participants or send anyone else to attend in your place (or the place of anyone named in a booking you have made) without WSA’s permission in writing. Depending on the nature of the course/trip and the administrative time and expense which WSA may incur as a result of a proposed change, WSA may require you to pay a reasonable administration fee, to be advised at the time, as a condition of WSA agreeing to charge the name of any participants(s). 

Meeting prerequisites for a course/trip and for award of any qualification:

You must meet all pre-requisites and participation conditions as specified for the course /trip, including providing any information required by WSA, including providing next-of-kin contact details, completing a pre-course / trip questionnaire (which may include providing health information) and signing an acknowledgement of waiver of liability (as referred to below) prior to attending or participating in the course/trip.

Depending on the information given by you in our pre-course / trip questionnaire, WSA may require you to obtain clearance from a doctor before participating in our activities. WSA may also decline to allow you to participate in our activities on health and safety grounds, especially if the activity will be in a remote area.

You must be able to confidently swim at least 100 metres to participate in any of our courses / trips.

If you do not meet these pre-requisites, WSA may cancel your booking for the course/trip and beyond a refund of the price you have paid for the course/trip, you shall not be entitled to any compensation for this.

No course qualifications will be awarded until all training, assessment criteria and any other prerequisites or stated conditions for that course have been met.

CANCELLING, AMENDING AND REFUND POLICY

IMPORTANT NOTICE – WSA STRONGLY RECOMMENDS THAT YOU READ AND UNDERSTAND THIS SECTION.

All notices of cancellation or requesting amendment of a booking for a course / trip must be given in writing by email to: info@waterskillsacademy.com

 1. Cancellation or amendment by you – course / trips booked by you as a  consumer.

• Prior to fourteen (14) clear days prior to the day of commencement of the course/trip,  you may either cancel or amend your booking and receive a full refund.  Amendment means doing the course/trip at a different time or doing a different course/trip. In the case of a cancellation, we will refund you the money you have paid and in the case of an amendment we will transfer the full value paid as credit for the changed course/trip. If the course/trip you change to is more expensive, WSA may add a top-up charge, if it is cheaper we will refund the difference. “Clear days" means there must be 14 full days, not including the day you give us notice and the day of commencement of the course/trip – so for example, if a course/trip commences on the 15th of a month, notice to cancel or amend would have to be received by us by the end of the previous month.

• Between fourteen (14) clear days and six (6) clear days prior to the time of commencement of the course / trip, you may either cancel or amend your booking and receive a 50% refund.  Using the example above, for a course/trip commencing on the 15th of a month, notice to cancel or amend would have to be received by us by midnight on the 8th of that month. The provisions on cash refund for cancellation and transfer of value on amendment as above apply in like manner. The balance of the  price for the course /trip to which you transfer will be payable at the time of change to confirm the new booking.  We shall be entitled to retain 50% of the price of the cancelled or original booking as fair compensation for our time and costs incurred in arranging the course/trip for you.

• In the event of cancellation or amendment within 6 clear days of the time of commencement of the course/trip, you are not entitled to any refund or transfer of value.  Any partial refund or transfer of credit will be entirely at our discretion.

• The following provisions only apply in the case of re-booking or cancellation of courses/trips due to you being subject to Covid-19 infection. As set out below, you may not attend a course/trip if you are infected with Covid-19. Therefore, if you postpone a course/trip for reasons of Covid-19 infection at any time up to the start of the course/trip, we will liaise with you to transfer your booking to a suitable future date.  If the course/trip you decide to transfer to is more expensive, WSA may require a top-up payment of the difference. To qualify for this re-booking right, you will need to provide WSA with a copy of a positive Covid-19 test result undertaken by a certified testing organisation, with your name clearly shown on the test document or other such evidence that WSA may reasonably require to establish the validity of your claim.  A self-conducted rapid antigen (“lateral flow”) test will not suffice. If you request for a refund for cancellation due to Covid -19 infection, this will be subject to our normal “cancellation by you” policy as set out above, meaning that no refund will be given if that is what you request and cancellation is notified to us within 6 clear days of the time of commencement of the course/trip or 50% if notified between 14 and 6 clear days prior.

2. Cancellation or amendments -  course / trips booked by you as a business or other than as a consumer

• Bookings for courses / trips which WSA is supplying to you in the course of your business or where a pre-requisite of the course /trip booked is that you hold WSA “Professional Membership”, “Club Membership” or “Provider Membership" may be cancelled with a full refund when notice of cancellation is given to WSA before twenty eight (28) clear days prior to the commencement date of the course / trip.  Alternatively, if requested, WSA will transfer the full value paid as credit for a later course/trip.  If the course/trip you change to is more expensive, you will be required to pay the difference.  If it is cheaper, WSA will refund the difference.

• Within twenty eight (28) clear days of the date of commencement of the course / trip, in the event of cancellation, you are not entitled to any cash refund.  If you cancel a booking prior to 6 clear days of the time of commencement of the course/trip, you may request to change to a later course / trip and  WSA will transfer 50% of the price originally paid as credit towards the price of the later course /trip.  The balance will be payable at the time of change to confirm the new booking.   In the event of cancellation within 6 clear days of the time of commencement of the course/trip, you are not entitled to any transfer of value.  Any cash refunds or transfers of value other than as expressly set out above is entirely at WSA’s discretion.

3. Cancellation or amendment by us

• We will always use every reasonable endeavour to run courses/trips as advertised and scheduled.  However, if we cancel or notify you of our intention to cancel or re-schedule your course/trip for any reason and at any time,  you shall be entitled to either a full refund or to be transferred to a reschedule of the same or similar course/trip at a later date, even if the later same or similar course/trip is more expensive than the one originally booked.  Save for this, we shall have no further liability to pay any compensation to you in that event.     

• Separate to the above and specifically if the WSA trainer/guide decides at any time up to commencement of the course/trip, in their reasonable and professional opinion, that weather or environmental conditions are or may be unsuitable for your course/trip and may pose a risk to safety, we may make such changes as reasonably necessary to your course/trip including re-scheduling it (which we shall reasonably inform and consult with you about, acting in good faith) and we shall have no further liability to you in that event.  Any refunds will be entirely at our discretion.

• We shall not be liable to pay you any compensation if we cancel , re-schedule or amend a course/trip due to any event beyond our reasonable control, which could not have been avoided even after taking reasonable preventative or mitigating measures.  Examples of such events include war, acts of terrorism, civil unrest or riot, natural disasters, disruption to transport or other networks and services essential to the provision of the course, public health emergencies such as epidemics and pandemics (including Covid-19 and related infections) and the requirement to comply with any law or obligations in respect of such matters.

Note: We strongly recommend that you have travel insurance with cancellation insurance cover in respect of any loss you may incur as a result of any cancellation or amendment to your booking for trips.

Expected level of conduct and care from Participants

You must follow and comply with all instructions given and decisions made by the WSA trainer/guide for your course/trip. In the event there is more than one WSA trainer/guide, the lead or in-charge trainer or guide (who will be identified to you) has primary authority.

WSA will take reasonable measures to ensure the safety and good condition of any equipment you may be given use of, but you must immediately report  any damage caused to WSA’s equipment which occurs or becomes apparent whilst the equipment is in your possession.

WSA expects all participants on courses/trips to treat the WSA trainer(s)/guides(s) with respect and dignity and WSA will in turn ensure its trainers and guides do the same towards you and other participants. You must likewise treat other participants and any other people involved in the course/trip, including staff at any accommodation or catering facility which may be used during the course trip. Any equipment provided or lent to you must be used as directed and with reasonable care. If you fail to meet these expected standards and WSA becomes subject to any claim resulting from your failure or if any damage or loss is caused, WSA may hold you responsible for this and you may be liable to pay for such damage or loss incurred. Further, if you cause any loss or damage at any accommodation or catering facility you visit as part of a course/trip, the owners or managers of that business may require you to directly pay them for this. In that case, WSA is not liable to compensate you in any way and you should ensure you have appropriate travel insurance to protect you if this situation arises.

If in the reasonable opinion of the lead WSA trainer or guide for your course/trip, or in the reasonable opinion of any other person whose authority WSA should comply with,  you behave in such a way as to pose a danger to yourself or any other person or upset or distress to any other person or  to cause damage or loss to property, WSA is entitled, upon immediate verbal notice to you, to terminate you from participation in the course/trip or certain activities on it. In this situation, you may be required to leave the location of the course/trip, including accommodation.  If WSA makes any travel arrangements for you as a consequence, you will be required to pay for these. WSA will have no liability to you for any loss caused to you by your removal from the course/trip under this provision, including for any unused part of course/trip.

DISCLAIMER FOR DEATH, PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY

 IMPORTANT NOTICE – WSA STRONGLY RECOMMEND THAT YOU READ AND UNDERSTAND THIS SECTION.

The type of activities undertaken on our courses/trips are physically challenging and carries with them risks that we cannot entirely eliminate. These include the risk of personal injury, such as from impact by falling against or colliding with objects (including watercraft use in the activity), terrain and other participants, or from exposure to or immersion in cold or moving water or other environmental conditions.

Rules

• You must act responsibly and sensibly at all times.

• You must not participate in any activities of our courses/trips if the state your health and fitness or any prescription medication you may be taking are likely to physically or mentally impact upon your ability to safely undertake the activities of the course/trip.

• You must not participate in any activities of our courses /trips if you are at all under the influence of alcohol or non-prescription drugs.

• You must follow any safety warnings or instructions displayed or given to you by any WSA training/guiding staff. You should ask the trainer(s)/guide(s) if you are in any doubt or are unclear.

• Notwithstanding that we may ask you to provide us with certain details, including relating to medical conditions (which we take for the purposes of providing to first aiders or responders in the case of any incident), WSA is not qualified to express an opinion that you are fit to safely participate in the activities on our courses/trips. You should obtain medical or other specialist advice if you are in any doubt about this.

WSA may require all participants to provide certain personal and medical details prior to undertaking the course/trip. This may include signing an acknowledgement that participation in the activity is at the participant’s own risk.  All such information will be held in accordance with our Privacy Policy. 

In the absence of any negligence or other breach by WSA for which we cannot by law exclude or limit liability, participation in WSA courses/trips is entirely at your risk and WSA is not responsible and will not be liable for your death or injury nor any theft, damage, destruction or loss of your property or belongings. If you have booked a course/trip for other people, you must inform them of this, and WSA is entitled to assume that you have done so.

WSA is not responsible for any injury, loss or damage whatsoever caused to or suffered by you independent/outside of your actual participation in our course/trip. This includes your own travel to or from the course/trip and any activities undertaken by you during the time of the course/trip which are not part of the course/trip or have not been arranged or provided by WSA – such as any unguided activities or personal time.  

Accommodation and Catering

Where any accommodation or catering is provided or arranged by WSA as part of a course/trip, the description provided on the website or any other material about the course/trip is general in nature and whilst we will always do our best to ensure that accommodation/catering arrangements are accurate to their description, WSA may need to make changes. In that case, we will notify you and provided that the accommodation/catering to be substituted are not materially of a lower standard to that described to you at the time of booking, WSA shall not be liable to pay any refund or discount to you.

When you are staying at any accommodation arranged by WSA but provided by another person, such as at a hotel or hostel, your stay there will be subject to the terms and conditions of that accommodation provider.

At the time of booking or any time prior to the commencement of the course/trip, WSA may ask you to provide details of any food allergies, intolerances or dietary preferences you may have.  We will pass this information to the provider of any catering or dining services, and we will ask them to do everything possible to accommodate these requirements but we will not be able to verify this beyond verbal assurances from the provider.  WSA strongly recommends that at the time you also inform the provider of any food or drink of allergies, intolerances and dietary preferences and check these have been complied with, especially if you are likely to have any adverse reaction to food or drink provided.       

Covid-19

Covid-19 remains in global circulation and there may be other pandemic responses or other public health measures in the future that WSA will be required to comply with. These are referred to above as matters beyond WSA’s reasonable control.

WSA operates under current Covid-19 best practice guidelines but may have to impose further appropriate measures for the mitigation of Covid-19 risks and other health precautions including social distancing, limiting numbers, instigating hygiene procedures or making other changes to courses/trips as required. WSA shall not be liable to pay you for any compensation for any loss or damage you may suffer if WSA implements or takes such measures.

WSA may require you complete or give a declaration that you do not have or have or have not had Covid-19 (or any other related disease) within 14 days of commencement of a course or trip.  You must not attend the course/trip if you have tested positive for Covid-19 (or are likely to test positive due to an earlier positive test) at the date of commencement of the course/trip. 

In undertaking the WSA course/trip, you may come into contact with a person or people who are infected with Covid-19, notwithstanding WSA’s requirements and precautions as set out above.  In the event you contract Covid-19, you agree to hold WSA harmless and WSA shall have liability to pay you any compensation for this.

Our Liability & Compensation

WSA is not responsible or liable for injury, illness, death, loss or damage or costs to the extent that these may be caused by or result from:

• any wrongful act or omission of the person(s) affected by that injury, loss etc which may be contributory; or any act or omission of any person for whom WSA is not responsible in the provision of your course/trip; or events beyond our reasonable control as per the “Cancelation and Amendment by us” set out above.

WSA is not responsible or liable for any loss, damage or costs which are indirect or consequential in nature.

Nothing in these terms and conditions seeks to exclude or limit our responsibility or liability for personal injury or death which WSA or our employees and contractors have caused intentionally or negligently. In respect of responsibility and liability for any other claim for injury, loss or damage, if WSA is found by the courts to be liable to you, our maximum liability to you shall be two times (200%) of the price paid by you to WSA for the course/trip. This maximum liability would only be payable to you where it has been found that WSA is at fault for the course/trip going so wrong so that you have not benefited at all from it. You agree that this limitation of maximum liability is reasonable and is factored into the price of the course/trip and were WSA to accept a higher level of potential liability, the course/trip would be more expensive.

Governing Law and Jurisdiction

Your booking, the contract between WSA and you and these terms and conditions are governed by and will be interpreted under the laws of England and Wales.  The courts of England and Wales will have exclusive jurisdiction to rule on any disputes or claims which may arise.

If you are a consumer (not a business or professional customer) and you live in Scotland or Northern Ireland, then the courts of those respective countries shall have exclusive jurisdiction to rule on any disputes or claims which may arise.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Water Skills Academy’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Water Skills Academy’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Water Skills Academy, Higher Harlyn Park, St.Merryn, Padstow, Cornwall, PL28 8SG. The term ‘you’ refers to the user or viewer of our website.

THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

TIRIO TERMS & CONDITIONS

Term and Conditions

1.  BACKGROUND AND DEFINITION OF TERMS.

1.1  These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Services are sold by Tirio to you. Please read these Terms and Conditions carefully and ensure that you understand them before making a Booking. 

1.2  By making a Booking you agree to accept these Terms and Conditions and are voluntarily entering into a Legally Binding Contract between You and Tirio. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to take part in any Activity provided by Tirio. 

1.3  These Terms and Conditions, as well as any and all Contracts are in the English language only.

a.   The term “Tirio”, “Us”, “We” or “Our” shall mean the company, Tirio Cyf, whose registered office is 19 Denbigh St, LLANRWST, Conwy, LL260LL. Our company is registered in Wales and its registration number is 10478549. 

b.  The Terms “You”, “Client(s)” or “Participant” shall mean any person, persons, organisation or company booking persons onto or taking part in an activity provided by Tirio. 

c.  The Terms “Activity” and “Activities” shall mean any booking, course, activity or event provided by Tirio Cyf. 

d.  The Term “Dependent” shall mean any person or persons for whom a Participant has parental responsibility. 

e.  The Terms “Deposit” and “Booking Fee” shall mean a non-refundable Activity Registration Fee, paid to secure a place or places on an Activity.

f.   The Term “Booking Form” shall mean any method of collecting Participant(s) information to allow the Participant(s) to undertake an Activity. This information may be gathered by, but not limited to: Email, letter and on-line form.

g.   The Terms “Booking Conditions” and “Participation Requirements” shall mean any condition(s) or requirement(s) stipulated by Tirio which a Participant must meet in order to participate in an Activity.

h.  The Term “Open Water” shall mean any body of natural or man-made water including but not limited to, ponds, pools, lakes, rivers, reservoirs, estuaries or seas. 

i.  The Term “Booking(s)” and “Contract” shall mean the contract entered into by you and Tirio upon you making a Booking.

j.   The Terms “Coronavirus (COVID-19)”, “Coronavirus”, and “COVID-19” shall mean Coronavirus disease (COVID-19), Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or any mutation, strain or variation of SARS-CoV-2.

2.  MAKING A BOOKING.

2.1  Booking(s) for an Activity can only be made by means of a completed Booking Form and accompanying, non-refundable, Deposit of a percentage, to be specified by Tirio, of total Activity fee (outside of 30 days of the commencement date) or 100% of total Activity fee (inside of 30 days of the commencement date).

2.2  Payment methods:

a.  Cheques can be made payable to “Tirio Cyf”.  (Not accepted for Vouchers)

b.  Electronic banking transfers (BACS). Please contact us to request the relevant Information.

c.   Cash payments are accepted, but only by prior agreement by us.

d.  Paypal Payments are accepted. Please contact us for details.

e.  Card payments are accepted via the online payment system.

2.3  Once a Booking has been accepted in writing by Tirio or its agent(s), the Client(s) making the Booking will have entered into a Legally Binding Contract between Tirio and You, on the basis of these Terms and Conditions and shall be liable for the full Activity fee.

2.4  The balance of the Activity fee is payable a minimum 30 days prior to the commencement of the Activity. In the event that the balance is not paid, Tirio will have the discretion to treat the booking as cancelled by the client.

2.5  The whole Activity fee is required to reserve a place for any Booking made within 30 days of the commencement of the Activity date.

2.6  Vouchers. Vouchers will be sent to the stated recipient upon Tirio receiving the completed voucher Booking Form and receipt of full payment. A confirmation email will be sent to the address supplied by the purchaser.   Please ensure that you carefully read the Voucher Information and Conditions that we will send to you prior to making any payment.

a.  Vouchers are valid for 1 year from the date of issue.

b.  Vouchers are only valid for the named individual supplied by you upon purchase.

c.  Vouchers may be used as deposit or full-payment towards any of our scheduled packages, subject to the individual meeting the Booking Conditions.

d.  A Dependent must be accompanied by their parent or legal guardian. Vouchers cannot be purchased for individuals under 18 years of age unless purchased with an additional Voucher(s) for the Dependent’s Parent or Legal Guardian. Please contact us to discuss. 

e.  Recipients of vouchers must meet the minimum requirements stated in the      Booking Conditions.

f.  Vouchers will entitle the recipient to book onto one of our scheduled activities, these will be published on our website.

2.7  Cancellation and Refunds of Vouchers.  Vouchers are non-refundable.

2.8  As well as the conditions stated in Para 2.6 - 2.7, Paras 3 - 4.6 shall also apply. 

3.  CANCELLATION BY THE PARTICIPANT (YOU).

3.1  If the Participant is unable to take part in the activity then the activity shall be deemed to be cancelled by You.  All cancellations made by you prior to the Activity must be made in writing.

3.2  In the event that you cancel, you will be charged the following cancellation fees:

a.  Cancellation more than 30 days prior to the start of the Activity = Loss of deposit.

b.  Cancellation between 7-30 days prior to the start of the Activity = 50% of total activity cost.

c.  Cancellation during the Activity or less than 7 days prior to the start of the Activity = 100% total activity cost.

3.3  For group bookings any booking shall be considered as the whole and no part cancellation(s) shall be allowed.

3.4  Postponing an Activity will be treated as a cancellation and a separate booking.

4.   CANCELLATION BY TIRIO (US).

4.1  Whilst every attempt is made to ensure that an advertised Activity actually runs, Tirio will notify the client of cancellation as soon as it is practicable where cancellation is necessary for whatever reason, including, but not limited to: 

a.  Numbers do not meet the workable minimum for the effective running of the activity.

b.  We have reason to believe there will be dangerous and/or unsuitable conditions for the activity.

c.  We suspect any Participant(s) do not meet the Participation Requirements (Paras 6 and 9 refer).

4.2  Tirio shall make all reasonable efforts to notify the you of likely or actual cancellation of your Activity as soon as reasonably practicable, prior to the start of the Activity. 

4.3 In the event of cancellation by Tirio, Participants will be offered, at Tirio’s discretion, one of the following options:

a.   Full refund of the activity fee paid. Not for cancellation due to weather (Para 4.6 refers), Not for reasons due to Coronavirus (Para 9.1 – 9.5 refers), Not for Group Bookings (Para 4.7 refers).

b.   Another Activity on different dates.

c.   A Voucher redeemable with Tirio for the value of the amount paid by you. 

4.4  Tirio reserves the right to remove a Participant from or refuse to accept a Participant on, an Activity due to:

a.  Any Participant who, in the opinion of Tirio Staff, is incapable or unable to meet the physical or mental demands of any activity. 

b.  A Participant failing to declare any relevant medical information. 

c.  A Participant who, in the opinion of Tirio Staff, appears to be under the influence of alcohol or drugs. 

d.  Any Participant who, in the opinion of Tirio Staff, acts in any such manner as to endanger him/herself or any other person. 

e.  Any Participant who, in the opinion of Tirio Staff, behaves in a way that is threatening or abusive to any other person, including public, Tirio staff or other clients.

f.  Any Participant who, in the opinion of Tirio Staff does not possess the required equipment, as stated in the provided Booking Information. Or whose equipment is not of a suitable quality or design to meet the needs of the activity.

g.  Any Participant who fails to meet any Participation Requirements or Booking Conditions.

h.  Those circumstances listed in Para 9.2. 

4.5  In circumstances listed in Para 4.4, the Participant(s) will not be entitled to any refund. Tirio will not be liable for any losses resulting from this decision. Tirio and its Staff will cease to be responsible or liable in any way for the Participant(s) once they have been informed of their removal from an Activity or our refusal to accept the Participant(s) on to an Activity.

4.6  In circumstances where cancellation may be necessary because of, but not limited to, high winds, high water levels or other weather conditions that may mean the activity is, in the opinion of Tirio staff, deemed unsafe. In such instances and where no activity has taken place, we will refund 25% of each cancelled day/s. It is rare that conditions are so bad that an alternative or modified itinerary cannot be completed. 

4.7  For group bookings any booking shall be considered as the whole and no part cancellation(s) shall be allowed.

5. DESCRIPTION OF THE ACTIVITY. 

5.1  Packrafting is an “Assumed risk” – “Water contact sport” that may carry attendant risks, including personal injury, damage to personal property and death. Participants should be aware of and accept these risks and be responsible for their own actions and involvement.  A summary of Activity types and risks is listed below: 

5.2  Water based activities - Open water and rivers can be hazardous. The water can be deep, cold with the prospect of long swims in cold water.  Other hazards may be present such as rocks, trees, other water users, water hazards and bank debris.  You may be required to paddle your packraft for several hours each day.

5.3  Hiking and Rugged Terrain - Reaching the water and hiking may require walking on uneven rugged ground. Hazards include steep or slippery ground and bad weather.  You may be required to walk for several hours each day.

5.4  The nature of the Activity may also lead to damage to personal property.

5.5  Camping, Wild Camping and Bushcraft, First Aid.   Terrain may be uneven and unlit.  Cooking equipment with open flames and open fires will be present.  Participants may use sharp tools and appliances. Hazards may include the risks of cuts, burns trips, slips and falls.  

5.6  All activities delivered by Tirio take place in areas that are not without inherent risk. We make every effort to minimize risks to our Participants. Should any risk remain, we will then advise the safest way to proceed. All Participants must follow Tirio staff recommendations.

5.7  All risk cannot be removed entirely; therefore any Participant booking with Tirio must accept these risks on behalf of, be responsible for the actions of and involvement of their Dependent(s) and the Participant, as part of their chosen Activity.

6.  PARTICIPATION REQUIREMENTS.

6.1  Due to the nature of the Activity, all participants should be content that they are of a suitable level of physical health to undertake it. Prior to taking part in any Activity Participants will be required to sign to say that they meet all Participation Requirements.

6.2  All participants must be able to confidently swim 25m (50m for Packrafting Training Courses) and be confident in Open Water.  

6.3  Spectacles can be a hazard to you whilst participating in an Activity. If you choose to wear spectacles you must accept that injury may occur and accept full responsibility for any such injury. Participants may wear contact lenses. 

6.4  Medical Conditions. Before making a Booking all Participants wishing to participate should read the medical questions listed at Para 6.7 and the Description of the Activity at Para 5. to ensure they meet the Participation Requirements.  Any queries regarding suitability should be addressed to Tirio by phone on the number provided. The list of Medical Questions is included at Para 6.7, the list is not exhaustive, and you should make us aware of anything which may impact or impede a Participant(s)’ ability to take part in the Activity.  

6.5  We may need evidence of your suitability to participate, such as, but not limited to, a letter from your Physician stating you are able to undertake the activity. Should such evidence be required we will notify you in writing.  The evidence requested will need to be supplied to us in writing prior to booking.  Failure to supply any evidence of your suitability to participate shall constitute a cancellation of your Booking by you, Para 3 refers.

6.6  Should any Participant fail to declare accurately any pertinent medical condition relating to the Participant or their Dependent(s) then the Participant and, where applicable, the Dependent(s) will not be not be permitted to participate. Failure to accurately declare any pertinent Medical Condition shall constitute a Cancellation of the Activity on the part of the Participant who shall not be entitled to any refund, Para 3 refers. 

6.7  Medical Questions.  If you or any Participant or Dependent answers “yes” to any of these questions, then the Participant should telephone Tirio on +44 (0)7450 245561 as soon as possible to discuss the Participant’s suitability.   Please do not send any medical information to us.  

a.  Have you ever been told by a physician that you have a heart condition or you should only do physical activity recommended by a physician?  

b.  Upon doing physical activity, do you feel pain in the chest?

c.  When you were not doing physical activity, have you had chest pain in the last month?

d.  Do you ever lose consciousness or do you lose your balance because of dizziness?

e.  Do you have a joint or bone problem that may be made worse by undertaking physical activity?

f.  Is a physician currently prescribing medications for your blood pressure or heart condition?

g.  Are you pregnant or post-partum?

h.  Do you have diabetes?

i.  Have you suffered from any form of seizures, fits or epilepsy?

j.  In the last 6 months have you not undertaken regular physical exercise?

k.  Do you know of any other reason why you should not undertake strenuous physical activity?

l.  Do you have any severe allergies or Anaphylaxis?

6.8  Physical Ability and Fitness.  Depending on your chosen activity you may be required to walk and paddle for several hours per day. The description of your activity on our website will give you a clear indication of the distances covered.  

6.9  Coronavirus Participation Requirements.  You should also ensure You and, where applicable, your Dependents meet the Coronavirus Participation Requirements detailed in Paras 9. to 9.4.

7.  OUR LIABILITY.

7.1  Waiver. Tirio will only accept liability for loss or injury where negligence on our part is proven. Participants will be required to agree to and Sign a “Waiver” prior to undertaking any Activity.  An indicative example of the “Waiver” is included for reference at Para 13. Failure or refusal by a Participant to sign the “Waiver” prior to the Activity shall constitute a Cancellation of the Booking by the Participant, Para 3 Refers. Participants are encouraged to seek independent Legal Advice should they wish regarding the “Waiver”.

7.2  It is strongly recommended that all Participants obtain their own insurance to cover any loss, damage, accident or injury that may occur.

7.3  Tirio, its staff and any landowner(s), give no guarantee or warranty as to the state or condition of properties of the landowner(s). Tirio its staff and any landowner(s) will not be liable for any act, neglect or default on the part of the landowner(s) or any other person, or breakdown of any properties, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Participant or any other person may suffer or incur.

7.4  Tirio reserves the right to refuse admittance to Activities and/or accommodation either on its own account or on behalf of the owners of the land, property or accommodation. In such cases all liability of Tirio and of the owners shall cease.

7.5  Tirio shall not be held responsible for loss or damage to personal property whilst attending Activities. Personal insurance is strongly recommended to cover such circumstances.

7.6  Tirio limits its liability to the maximum extent permitted by law, such that Tirio shall have no liability for any loss or damage suffered by the Participant, its Dependent(s), employees, agents or any other person, for:

a.  The consequence(s) of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the Participant or its Dependent(s), employees or agents.

b.  Any claim arising on an invoice issued more than 3 months before the date upon which Tirio receives such claim.

c.  Any failure by Tirio to perform any part of its obligations in these Terms and Conditions caused by circumstances beyond its reasonable control.

8.  PARTICIPANT LIABILITY.

8.1  Participants using their own equipment on any Activity do so entirely at their own risk. It is strongly recommended that Participants using their own equipment ensure that this is adequately insured against liability, damage and loss and that it is fit for purpose prior to the commencement of the Activity.  

8.2  Participants are responsible for their own actions or omissions and, where applicable, the acts or omissions of their Dependents. Participants agree to indemnify Tirio against all loses, damage, injuries to persons or property caused by the actions or omissions of the Participant and, where applicable, their Dependents.

8.3  The Participant shall be liable for any losses or damage to any equipment or property caused by the actions or omissions of the Participant or Dependent(s).  The cost of replacement, remedy or repair will be invoiced to the Participant, who agrees to pay the invoice within 30 days of issue.

8.4  The Participant shall be liable for any loss or damage whatsoever and without limitation arising from the Participant or  Dependent(s)’ actions which lead to any person contracting Coronavirus (COVID-19).

9.  CORONAVIRUS PRECAUTIONS AND PARTICIPATION REQUIREMENTS.

9.1   The Event of the Coronavirus Pandemic is unprecedented in our time and, therefore, all liability for bookings made on or before 01 April 2025 shall fall within the scope of Force Majeure, Para 10. Refers. Our stance on this unforeseeable occurrence will be to continually monitor the situation and to also keep abreast of current guidance issued by the UK Government and the National Governments of Scotland, Wales and Northern Ireland. Furthermore, Tirio shall take all reasonable measures to work within the current guidelines at all times. Throughout your Activity we will do everything reasonably practicable to manage the risk of Coronavirus (COVID-19) transmission. This may include things like: Social distancing measures, increased hygiene and additional procedures and safe guards. By agreeing to undertake the Activity you are accepting that in some occurrences and activities such as, but not limited to: Rescues, Incident management and/or prevention and providing suitable training, may mean that Social Distancing Guidelines cannot always be maintained.  In such circumstances, We will take all reasonable steps to minimise the risks of Coronavirus transmission, in balance with all risks present. We will send you full information prior to your arrival. If you have any concerns, please contact us.  

9.2  Participant(s) should read the statements below carefully, they are designed to allow you to assess the suitability of a Participant to participate in an Activity. If a Participant meets any of the following criteria, then that Participant will not be allowed to participate:

a.   Currently have symptoms of COVID-19 (new persistent dry cough, fever, loss of taste or smell)

b.   Had a positive test for COVID-19 or onset of symptoms of COVID-19 in the last 10 days.  

c.   A member of my household has had symptoms of COVID-19 or has tested positive for COVID-19 in the last 14 days.

d.   Have been contacted by a contact tracer from the Test, Trace and Protect Programme and told to isolate in the last 14 days as a contact of someone with confirmed COVID-19

e.  If, due to Coronavirus travel restrictions being put in place by UK Government (UK, Wales, Scotland or NI), the Participant is prevented from attending the Activity or Tirio is prevented from running the Activity. 

f.  A Participant, anyone in the Participant’s household or anyone the Participant is a carer for is classed as “high risk”, “clinically extremely vulnerable”, “clinically vulnerable” or required to “shield” as defined by current UK Government Guidance. 

g.   Have returned from a country outside of the UK in the last 14 days, other than those on the exempt list - UK GOV and Home Nations Gov.

h.   If, In the opinion of any Tirio Staff, a Participant causes concern, distress or risk to themselves or any other person by behaving in such a way as to increase the risk of Coronavirus Transmission.  

9.3  Any Participant who is refused participation for the reasons detailed in Para 9.2 a-f above, shall be treated as if the Activity has been cancelled by Tirio and as such Para 4.3 shall apply.

9.4  Any Participant who is refused participation for the reasons detailed in Para 9.2 g-h above, shall be treated as if the Activity has been cancelled by the Participant and as such, the Participant(s), and where applicable, their Dependent(s) shall not be entitled to any refund, Para 3.2. refers.

9.5  Where We choose to cancel an activity due to either: Us or our staff contracting Coronavirus, Us or our staff being required to self-isolate, We will contact you to inform you of the Activity being cancelled as soon as practicable.  In these instances, it shall be deemed that We have cancelled the Activity and Para 4.3 shall apply.

9.6  In order to ensure that we keep Participants and Tirio Staff safe and so that we can comply with the rapidly changing rules and laws we may need to update our Covid 19 Participation requirements regularly – when this is required we will update these Terms and Conditions. 

10.  FORCE MAJEURE.

10.1  Tirio shall have no liability whatsoever if prevented from delivering an Activity, a contract or of any of our other obligations, due directly or indirectly to any cause whatsoever outside the reasonable control of Tirio including, but not limited to: Invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, pandemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather, incidents with energy supplies, act(s) of God, war and terrorism.

11.  OTHER IMPORTANT TERMS AND CONDITIONS.

11.1  Tirio may transfer (assign) our obligations and rights under these Terms and Conditions and under the Contract, as applicable, to a third party. This may happen, for example, if we sell our business. If this occurs, we will notify You through information published our Website and social media channels. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

11.2  You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Tirio’s express written permission. Tirio reserves the right to not permit such an assignment.

11.3  The Contract is between you and Tirio. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

11.4  If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

11.5  No failure or delay by Tirio in exercising any of our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

11.  APPLICABLE LAW.

11.1 These Terms and Conditions, and the relationship between you and Tirio (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

11.2  If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Tiro, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

12.  VARIATION OF THESE TERMS.

12.1   Tirio reserves the right to vary these Terms and Conditions at any time. The current edition of these Terms will be published on our Website.

12.2   No variation of these Terms and Conditions by any client shall be applicable unless agreed in writing by Tirio.

13.   EXAMPLE OF WAIVER.

13.1  The following is an indicative example of a “Waiver”  the type of which you will be required to sign prior to participating in an Activity, Para 7. refers.

Waiver

“Participant Activity Waiver

Name: ________________________________________ shall be referred to as the “Participant”.

Tirio Cyf shall be referred to as the “Activity Provider”.

Any Children (Under 18 Years) who are participating in the Activity described below and for whom the Participant has parental responsibility.

____________________ (Dependent’s Name)_____________________(Dependent’s Name) 

____________________ (Dependent’s Name)_____________________(Dependent’s Name)

Shall be collectively referred to as the “Dependent”.

The product, course(s), activity(ies) or event(s) on to which the Participant, or the Dependent(s) have undertaken to participate on shall be known as the “Activity”.

The Participant agrees to the following:

A.         I, the Participant am of lawful age and, where applicable, have parental responsibility for any Dependent named above, and have considered being permitted to participate in the Activity described at para C. The Participant agrees to abide by and be bound by the Activity Provider’s Terms & Conditions and the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, awarding bodies (including Water Skills Academy Ltd), assigns, legal representatives, successors and any landowner from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for any loss, damage, illness or injury to any person or property, including illness or injury resulting in the death of the Participant or Dependent, which has been or may be sustained as a consequence of the Participant’s or Dependent’s participation in the Activity described below. Notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

B.         The Participant understands that the Participant or Dependent would not be permitted to participate in the Activity described below unless the Participant signed this Agreement.

Details of Activity

C.         The Participant is choosing, on behalf of the Participant and, where appropriate, the Dependent, to participate in the Activity as described in the “Description of Activity” paragraph 5 of the Activity Provider’s Terms and Conditions, where further details of the activity can be found on the Activity Provider’s Information Sheet or Website. 

Concurrent Release

D.         The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and Dependent and with the intention of binding the Participant’s and Dependent’s spouse, heirs, executors, administrators, legal representatives and assigns. 

Fitness to Participate

E.         The Participant has read and understood the Participation Requirements set down in Paragraphs 6 and 9 of the Activity Provider’s Terms & Conditions and acknowledges that the Participant and any Dependent(s) do not have any physical limitations, medical ailments including, but not limited to, signs and symptoms of Coronavirus (COVID-19), physical or mental impairments or disabilities that would limit or prevent the Participant or any Dependent(s) from participating in the above-mentioned Activity. If required, the Participant will obtain a medical examination and clearance. 

Full and Final Settlement

F.         The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement and the Activity Provider’s Terms & Conditions, that the Participant fully understands the Agreement and the Activity Provider’s Terms & Conditions, and that the Participant is freely and voluntarily choosing to enter into this Agreement on behalf of the Participant and, where appropriate, the Dependent, and to be bound by it.

G.        The Participant understands that by signing this Agreement the Participant and any Dependent, agrees to hold harmless and to be forever prevented from suing or otherwise claiming against the Activity Provider, its owners, directors, officers, employees, agents, awarding bodies (including Water Skills Academy Ltd), assigns, legal representatives, successors and any landowner  for any property loss or personal injury, including any loss or damage whatsoever and without limitation arising from the contracting of Coronavirus (COVID-19), that the Participant or their Dependent may sustain while participating in, during or preparing for the Activity.

H.        The Participant has been, prior to signing this Agreement, been made aware of this agreement and has been given the opportunity and encouraged to seek independent legal advice on behalf of the Participant or the Dependent, should the Participant see fit.

I.          This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.

J.          Governing Law

This Agreement will be construed in accordance with and governed by the laws of the Country of Wales.

K.         Emergency Contacts. 

Of Participant and Dependent.

            Emergency Contact Name:________________________________

            Emergency Contact Telephone Number:______________________

L.         Signature to the Agreement.

The Participant has duly affixed their signature on this agreement:

on this __________ day of  ____________ (month), ____________(year).

Participant: ­­­­­­_____________________________________________(Signature).

Participant:________________________________________(Name).”

 Tirio - Hire Terms and Conditions

BACKGROUND:

1.   These Terms and Conditions shall apply to the hire of all Packrafts, Accessories, Camping Equipment and Camping Accessories (the “Equipment”) from Tirio Cyf (the “Hirer”) by Customers who are hiring the Equipment for use at a location of their choice or on a course or activity (the “Location”).

DEFINITIONS AND INTERPRETATION

1.1   In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Customer” means the customer who is hiring the Equipment subject to these Terms and Conditions.

“User” means any person who is handling, using or operating the Equipment.

“Deposit” means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement.

“Price List” means the Hirer’s price list, current at the time of the start of the Hire Term.

“Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions.

“Hire Agreement” means the agreement entered into by the Customer and the Hirer incorporating these Terms and Conditions which shall govern the Hire of the Equipment.

“Hire Fees” means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions.

“Hire Term” means the start and end date of the Hire as set out in the Hire Agreement Schedule to these Terms and Conditions.

“Servicable” means the item of Equipment is, fit for the normal purpose for which it was intended.

“Unservicable” means the item of Equipment is NOT, fit for the normal purpose for which it was intended.

1.2   Unless the context otherwise requires, each reference in these Terms and Conditions to:

                  - “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission                     or similar means.

                  - a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

                  - “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Hire Agreement Schedules as                                 amended or supplemented at the relevant time.

                  - a Hire Agreement Schedule is a Hire Agreement Schedule to these Terms and Conditions.

                  - a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Hire Agreement Schedules) or a

                  paragraph of the relevant Hire Agreement Schedule.

                  - a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

1.3   The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4   Words imparting the singular number shall include the plural and vice versa.

1.5   References to any gender shall include the other gender.

2.  HIRE TERM

2.1   The agreed Hire Term will be set out in the Hire Agreement Schedule to these Terms and Conditions.

2.2   If the Customer wishes to extend the Hire Term they may do so at any time prior to the end of the Hire Term. The Customer must contact the Hirer to arrange such an extension. Extensions may be made subject always to the existence of prior reservations made by other customers. The Hirer shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.

2.3   The Hirer reserves the right to recall the Equipment immediately at any time. In the event that the Hirer exercises this right the Customer will be reimbursed for any and all days remaining in the Hire Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to the Hirer on request the Customer shall be deemed to have authorised the Hirer to charge for any costs associated with such recovery.

3.   DEPOSIT

3.1   In addition to the Hire Fees the Customer shall be required to pay a Deposit to the Hirer prior to the commencement of the Hire Term. The sum of the Deposit shall be set out in the Price List and in the Hire Agreement Schedule to these Terms and Conditions.

3.2   At the end of the Hire Term the Hirer shall have a period of seven (7) days within which to fully inspect the Equipment. On completion of the inspection, if the Equipment is found to be in satisfactory condition, the Hirer shall refund the relevant deposits.

3.3   In the event that the Equipment requires:

                  - Additional cleaning or maintenance.

                  - If the Equipment is found to be damaged.

                  - If the Equipment is found to be incomplete. 

In any of these instances the Hirer shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing.

4.   FEES AND PAYMENT

4.1   The Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Hire Agreement Schedule to these Terms and Conditions.

4.2   Payment shall be made in full, as set out in the Hire Agreement Schedule to these Terms and Conditions, prior to the commencement of the Hire Term. Online Payment can be made by credit card. For group payments, payment may be made by cheque, BACS or credit / debit card. All cheques must be made payable to Tirio Cyf.

5.  DELIVERY AND COLLECTION

5.1   Following the receipt of the Hire Fees and Deposit by the Hirer, either: (1) the Hirer shall arrange delivery of the Equipment to the Location on the agreed date, as set out in the Hire Agreement Schedule to these Terms and Conditions, or (2) the Customer will collect the Equipment from the Hirer by prior appointment.

5.2   The Hirer shall use its best and reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.

The Customer or a suitable authorised representative must be available at the Location at the time of delivery in order to sign for the Equipment. In the event that the Customer fails to comply with the provisions of this sub-Clause 5.2 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery. 

5.3   In the event that the Hirer is unable to deliver the Equipment due to the Customer’s absence from the Location (along with that of any authorised representatives) additional delivery charges may be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.

5.4   At the end of the Hire Term, the Customer shall ensure that all of the Equipment is returned to the Hirer by either: (1) the Customer shall arrange delivery of the Equipment to the Hirer on the agreed date, as set out in the Hire Agreement Schedule to these Terms and Conditions, or (2) the Hirer will collect the Equipment from the Customer by prior appointment.

5.5   In the event that any Equipment is not returned to the Hirer on the agreed date the Customer shall be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to the Hirer, at the Customer’s expense. If those items are not available for collection or return, due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with the Hirer’s then current Price List.

6.   USE AND CARE OF THE EQUIPMENT

6.1   The Customer shall ensure that Users are capable and competent to operate the equipment; including, but not limited to:

                  - Possessing sufficient levels of training, experience and the physical and mental ability to operate the Equipment safely in any                             environment or Location the Users may find themselves in.

                  - Not being under the influence of alcohol, drugs or any medication that may in some way impair or restrict the User’s judgement or                     ability to operate the Equipment.

6.2   The Customer shall ensure that:

                  - Users only operate the Equipment for the normal purpose for which it is intended. 

                  - All Equipment is used in accordance with any and all operation and safety instructions or similar documentation provided.

6.3   The Customer shall ensure that Users do not make any alterations or adjustments to the Equipment beyond those that would be considered reasonable for normal use of the Equipment within the range of possible adjustments specific to a given item.

6.4   The Customer shall ensure Users only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way.

6.5   The Customer shall ensure that Users, at all times, treat the Equipment with a reasonable level of care and shall ensure that it is kept clean and in a serviceable condition. In particular, the Customer shall clean and dry the Equipment before returning to the Hirer so that is in no less clean and dry than when provided to the Customer.

6.6   In the event that the Equipment is not available for whatever reason, the Hirer reserves the right to substitute the Equipment with equipment of a similar or higher quality and specification, and which may be a different brand.

6.7   The Customer shall ensure that Users shall comply with all lawful directives and instructions and any Local or National regulations.

6.8   The Customer shall ensure that any access permits or permissions and any licenses are obtained.

6.9   The Equipment is only to be used in the United Kingdom and must not be taken outside of the United Kingdom without the Hirer’s prior written approval.

7.   MAINTENANCE AND INSPECTION

7.1   The Customer shall ensure that Users do not attempt to make any unauthorised repairs to the Equipment without the prior consent of the Hirer.  The cost of such repairs shall be borne by the Customer.

7.2   The Hirer will ensure that the Equipment is serviceable prior to delivery to the Customer.

7.3   The Customer shall inspect the Equipment upon receipt to ensure it is Serviceable.  If the Customer deems any item of Equipment to be Unserviceable upon inspection they are to inform the Hirer in writing immediately.  The Hirer may request photos of the Equipment to assess it and will advise the Customer accordingly and replace the Equipment if necessary.  

7.4   The Customer shall not allow any Unserviceable Equipment to be used or operated.

8.   INSURANCE 

8.1   The Equipment IS NOT INSURED BY THE HIRER as part of the Hire. By signing the Hire Agreement the Customer accepts all liability for the full retail replacement cost of the Equipment. Therefore, the it is strongly recommended that the customer ensure they have adequate insurance in place to cover the following as a minimum:

                  - Loss, Damage and Theft of the Equipment throughout the Hire Term.

                  - Liability for Loss, Damage, Accident and Injury to other persons and property.

The Hirer will maintain sufficient public liability insurance coverage at all times during the Hire Term.

9.   LIABILITY

9.1   The Hirer will not be liable for any personal injury, damage to property or loss to the Customer, any User or any third party, which results from the use of the Equipment.

9.2   The Customer agrees to release the Hirer, its agents, contractors, employees, and owners from liability for negligence and hold them harmless from any loss, expense, or cost, including solicitors fees, arising out of damages or injuries, whether to persons or property, including those not listed on this agreement, occurring as a result of the hire or use of said Equipment.

9.3   The Customer shall agree to accept all liability for the damage, loss or theft of all of the Equipment howsoever caused and shall be required to sign as such in the Hire Agreement.

9.4   The Hirer will not be liable for any other loss or damage arising out of any circumstances beyond its direct control.

9.5   The Customer shall Authorise the Hirer to recover the costs of repair or replacement (as the Hirer deems most appropriate) from the card payment method supplied in the Hire Agreement Schedule to the Hire Agreement. Where a Card payment method was not supplied in the Hire Agreement, the Hirer shall invoice the Customer for the costs of replacement or repair; The Customer shall agree to pay said invoice within 14 days.

9.6   Nothing in these Terms and Conditions restricts the Hirer’s liability for death or personal injury arising out of any act or omission of the Hirer.

Subject to the foregoing, the Hirer’s liability shall not exceed the Hire Fees actually paid by Customer.

10.   DATA PROTECTION

10.1   The Tirio Privacy Policy at https://www.tirio.co.uk/terms-and-policies shall apply to all Parties.

11.   HIRER TERMINATION

11.1   Where the Customer is an individual, the Hirer shall be entitled to terminate the Hire in the event that:

                  - the Customer is in breach of these Terms and Conditions;

                  - the Customer has had their personal belongings confiscated in order to satisfy debts; or

                  - the Customer has a receiving order made against them.

11.2   Where the Customer is a company, the Hirer shall be entitled to terminate the Hire in the event that:

                  - the Customer is in breach of these Terms and Conditions;

                  - the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate                           reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

11.3   In the event of termination for any of the above reasons:

                  - all payments required under these Terms and Conditions shall become due and immediately payable; and

                  the Hirer shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may                           charge the Customer for any reasonable costs involved in such repossession.

12.   CUSTOMER TERMINATION

12.1     In the event Customer terminates the Hire, the following charges shall be applicable:

                  - If the Customer gives the Hirer over 20 days’ written notice: £25 shall be payable.

                  - If the Customer give the Hirer between 14 and 20 days’ (inclusive) written notice: 25% of the Hire Fees shall be payable.

                  - If the Customer give the Hirer less than 14 days’ written notice: 50% of the Hire Fees shall be payable.

13.   NO WAIVER

13.1   No failure by either the Hirer or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

14.   SEVERANCE

14.1   If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

15.   FORCE MAJEURE

15.1   The Hirer shall not be liable for, nor shall it be considered in breach of these Terms and Conditions due to, any failure to perform its obligations pursuant to these Terms and Conditions as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, theft or criminal misconduct of unrelated third parties, disruption or outage of communications (including the Internet or other networked environment), power or other utility, labour problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the Hirer with reasonable care.

16.   LAW AND JURISDICTION

16.1   These Terms and Conditions shall be governed by the laws of England and Wales. Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.

Website Terms and Conditions and Tirio Privacy Policy

Website Terms and Conditions.

Welcome to Tirio Cyf's website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Tirio Cyf’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Tirio’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 19 Denbigh St, Llanrwst, Conwy, LL260LL. Our company registration number is Registered in Wales 104785549. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Tirio Cyf and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Tirio Cyf. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Tirio Cyf takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COOKIES POLICY

Cookies are small text files which are downloaded to your computer, tablet or mobile phone when you visit a website or application. The website or application may retrieve these cookies from your web browser (eg Internet Explorer, Mozilla Firefox or Google Chrome) each time you visit, so they can recognise you, remember your preferences and provide you with a more secure online experience.

Generally, cookies are very useful and are a common method used by almost every website you visit because they help to make your online experience as smooth as possible. For security reasons, many websites will not function at all without the use of cookies (or other similar technologies, such as "web beacons" or "tags").

Cookies generally do not hold any information to identify an individual person but are instead used to identify a browser on an individual machine.

If you prefer, you can restrict, block or delete cookies by changing your browser settings but that may mean that the website won't work properly.

For more information about cookies and their impact on you and your browsing visit www.aboutcookies.org.

TYPES OF COOKIES

Necessary cookies

These cookies are essential in helping you to make use of the features and services we offer on the Packraft Adventure website. Without these cookies, the services you want to use cannot be provided. These cookies do not gather information about you that could be used to identify you, and they do not monitor or remember where you have been on the internet.

Functional cookies

These cookies allow us to provide you with a better online experience when you use our website. They do not gather or store any information which would allow us to identify you personally.

Performance cookies

Performance cookies help us to understand how our customers use our site, so we can keep our products and services relevant, easy to use and up to date. For example, we can see which products and services are most popular, identify when and where errors occur, and test different versions of a page in order to provide an improved online experience.

Sometimes, the services we use to collect this information may be operated by other companies on our behalf. They may use similar technologies to cookies, known as "web beacons" or "tags". These are anonymous and, as they are only used for statistical purposes, they do not contain or collect any information that identifies you.

Targeting cookies

We have relationships with carefully selected and monitored suppliers (third parties) who may also set cookies during your visit. The purpose of these cookies is "behavioural advertising" (also known as "behavioural targeting" or "remarketing"), which is a means of showing you relevant products and services based on what you appear to be interested in. Although these cookies can track your visits around the web they don't know who you are. Without these cookies, online advertisements you encounter will be less relevant to you and your interests.

MANAGING COOKIES

Most internet browsers allow you to erase cookies from your computer hard drive, block all cookies (or just third-party cookies) or warn you before a cookie is stored on your device.

Please note, if you choose to block all cookies, our site will not function as intended and you will not be able to use or access many of the services we provide. If you have blocked all cookies and wish to make full use of the features and services we offer, you will need to enable your cookies. You can do this in your browser (see below).

Rather than blocking all cookies, you can choose to only block third-party cookies which will still allow our website to function as intended.

How to manage cookies on your PC

To enable cookies on our website, follow the steps below.

Google Chrome

Click "Tools" at the top of your browser and select "Settings".

Tirio Privacy Policy

We Value the Privacy of our clients and associates. The following policy lays down how we collect, manage and store and protect your data.

By using our website Tirio.co.uk or by completing our booking process you are agreeing to the collection and use of information in accordance with the policy stated below.  

Tirio Cyf. is committed to complying with the General Data Protection Regulation and the Data Protection Act 2018. Looking after the personal information you share with us is very important, and we want you to be confident that your personal data is kept safely and securely.

Tirio Cyf is the ‘Data Controller’ of the personal data you provide to us, and we will sometimes refer to ourselves in this notice as “we” or “us”. By Data Controller, this means Tirio Cyf determines the purposes and the way in which any personal data is, or will be, processed.

We collect this information to allow us to communicate with you, to ensure your safety and enjoyment whilst on any activity with Tirio Cyf.

This privacy policy sets out how Tirio Cyf uses and protects any information that you give Tirio Cyf.

Trio Cyf is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Trio Cyf may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 15 Apr 2018.

What we collect

When you book or buy services from us, you are entering into a contract with us. To carry out this contract we need you to provide us with personal information. We may gather this either from our website, over the telephone or via e-mail. 

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. 

We also collect personally identifiable information (including name, email, postal address, contact telephone number); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

We may collect the following information:

• Loan equipment sizing.

• Emergency Contact details.

• Information listed above, on any dependant that participates in any activity with us.

How we use the information

Processing your booking, to carry out our obligations arising from any contracts entered into between you and us.  For example, this could include processing payments, equipment provision, maintaining your safety and the provision of corresponding customer services. 

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Where you have given us your specific consent, we will use your data to provide you with marketing services. This allows us to tell you about new products or services that may be of interest to you. This means that by consenting to receive marketing from us, you will not receive marketing communications from anyone else.

To ensure that the information contained within this website is presented in the most effective manner for you and for your computer or mobile device. This information allows us to update and improve the content of our website, and ensure the smooth operation of internal processes, such as troubleshooting, data analysis, testing, research, statistical and survey purposes, and to keep our website as safe and secure as possible. For further information, please refer to our Cookies Policy, which can be found below.

To detect and prevent fraud or other crime. It is important for us to monitor how our Services are used to detect and prevent fraud, other crimes and the misuse of services. This helps us to make sure that you can safely use our Services

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.

• Improve our products and services.

• To ensure your safety and wellbeing.

• To contact a person whom you have nominated in the event of an emergency.

• We may give your information to an awarding body where you have chosen to undertake a qualification with us.

Who we share the information with

We work with a number of external suppliers who support our business. This includes:

·    Organisations which are critical to fulfilling customer bookings

·    WIX (who host our website)

·    IT Support (including hardware, software and website)

·    Business Support

·    Payment Processors

·    HMRC

·    Police and Emergency Services

.    Qualification Awarding Bodies

We assure you that we will only exchange your data with another organisation where i) we have your express permission to do so; or ii) it is necessary in order to honour a contract between you and Tirio Cyf; or (iii) we have a legal obligation to share the information; or (iv) it is in the public interest; or (v) it is necessary for the establishment, exercise or defence of legal claims; or (vi) it is necessary to protect the vital interests of you or another person.

Your rights

You are entitled to request the following from Tirio Cyf, these are called your Data Subject Rights and there is more information on these on the Information Commissioners website - 

·    Right of access – to request access to your personal information and information about how we process it

·    Right to rectification – to have your personal information corrected if it is inaccurate and to have incomplete personal information completed

·    Right to erasure (also known as the Right to be Forgotten) – to have your personal information erased

·    Right to restriction of processing – to restrict processing of your personal information

·    Right to data portability - to electronically move, copy or transfer your personal information in a standard form

·    Right to object - to object to processing of your personal information

·    Rights with regards to automated individual decision making, including profiling – rights relating to automated decision making, including profiling

If you have any general questions about your rights or want to exercise your rights please contact us 

How long we keep your information for

The data will not be processed longer than the purpose for which it was collected. If you have agreed, your data will be processed until you withdraw consent to their processing.
If a purchase or booking is made on the basis of existing legal provisions, the data will be processed in accordance with the applicable legal provisions, e.g. for accounting and tax purposes.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website on on paper, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at enquiries@tirio.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the General Data Protection Regulation (EU) 2016/679. A small fee will be payable. If you would like a copy of the information held on you please write to Tirio, 1 Trem y Wyddfa, Nebo, LLANRWST, Conwy, LL260SY.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Photographs and Videos

Tirio, its staff, directors or representatives take photographs and videos before, during and after the activity, event or course you or your dependent attends. By agreeing to this Privacy Policy you are giving your consent for us to use photographs and videos that contain images of you or your dependent(s)’ (the “Images”). 

How We May Use the Images.  

Tirio, its staff, directors or representatives, may use the Images for any purpose whatsoever, typical uses include marketing, education or publication both on the internet and in print. Tirio, its staff, directors or representatives may, from time to time, as we see fit, transfer, license or sell the Images to other organisations.

Who May See the Images?

The Images may be seen by anybody. 

Will My or My Dependent(s)’ Personal Data be Linked or Attached to the Images? 

We may use the first name of the person who appears in the Images but we will not attach or link any other of personal details to the Images. 

How Long Will My Consent Last? 

Your consent for us to use the Images will last indefinitely.

What Am I Agreeing to?

By agreeing to this Privacy Policy, you agree on behalf of your dependent and / or yourself:

- For your data to be controlled and managed as described.

- To assign to the Tirio, its staff, directors or representatives any and all interest in the copyright that you or your dependant may have in the Images. 

- That the Images may be altered or modified in any manner. 
- To waive any right to payment for the use of any of the Image for any purpose.

- That the Images may be altered or modified in any manner. 

- Consent for the image to be used indefinitely.

- To irrevocably consent for Tirio, its directors, staff or representatives to use the Images for any purpose whatsoever, globally.

Should you not wish us to use the Images as described above you should not agree to this Privacy Policy.

Changes To This Privacy Policy

This Policy was last updated on of 12 Apr 21 and will remain in force except for any amendments in the future, which will come in to force as soon as they are published on this website.

We reserve the right to update or change our Privacy Policy at any time. So it is advised that you check this Privacy Policy often. Your continued use of Tirio Cyf's services after we publish any modifications to the Policy on this page will mean that you acknowledge any modifications and your agree to abide and be bound by the Privacy Policy.