Activity Booking Terms and Conditions
Company details and Information
Stour Kayak, 2 Boundary Cottage, Bures Road, Little Cornard, Sudbury, Suffolk, CO10 0NN. Herein referred to as ‘SK’, ‘We’, ‘Our’, or ‘US’.
Activity Booking Terms and Conditions
Kayak hire available at SK may carry inherent risks. You should be aware and accept these risks. You are responsible for your own actions and involvement. In addition to the terms and conditions below, you must complete and sign a kayak hire agreement and waiver and inform Stour Kayak employees of any medical details before you use SK. If you are unsure whether you are able to participate in any activity or have any questions concerning these terms and conditions, please ask a member of staff before you enter a contract with us.
1. Booking and Payment
1.1 Your use of SK facilities whilst participating in any scheduled SK activity is subject to these terms and conditions. The completed and signed kayak hire agreement and waiver along with these terms constitute the entire agreement between you (participant) and us.
1.2 In the event you are booking an activity as part of a group, you as an individual agree to ensure that each group member has read and agrees to comply with these terms and conditions.
1.3 Payment can be made using debit or credit card at the SK riverside launch point (if you have not pre-booked) or online with a booking. Cash is accepted at the hire point. Cheques are not accepted as form of payment.
2. Cancellations by us
2.1 Every attempt will be made to ensure SK activities run as scheduled. However, we reserve the right to close SK or stop hire at any time without notice due to unsuitable conditions, forecasts, and prevailing weather conditions or due to any other factors beyond our control or if we feel that there are any unmanageable risks.
2.2 In the event that SK is closed then the pursuant to this clause we may at our sole discretion offer you another session or part session without further charge or offer you a reasonable refund.
2.3 SK may at its sole discretion cancel any bookings that have not been confirmed (i.e., paid in full) prior to the activity.
2.4 If you have already commenced your activity when it is cancelled or closed pursuant to clause 2.1 we will disregard the time spent on the activity when deciding how best to reasonably compensate you.
2.5 SK shall not be liable for any failure to observe or delay complying with any of the activity arrangements due to any cause out of their control, this may include, but not limited to, environmental disasters, acts of war or terrorism and major equipment failure.
2.6 We will not accept liability for any other costs howsoever incurred by you or any other individuals or third parties.
2.7 If we have to cancel due to bad weather then you will be offered another chance to re-book a new activity at no extra cost or can request a full refund at this stage only.
2.8 If we have to cancel due to any other causes you will be informed 2 days in advance of your activity sessions. You will be offered an alternative session without further charge or a full refund.
3. Cancellation by you
3.1 The customer has the right to cancel any sessions by giving SK notice in writing (letter or email) or telephone conversation with a member of SK management.
3.2 Payment for the cancelled session will remain as follows: 100% of the total booking fee owed if cancelled 48 hours prior to the activity.
3.3 This agreement may be terminated immediately by notice given by SK;
3.3.1 If at any time payment due under the agreement is unpaid 28 days after becoming due or if the customer has breached any terms and conditions of this agreement.
4. Liability
4.1 Stour kayak or its employees do not accept responsibility for any loss, damage, or injury suffered by persons and/or their property arising out of, or during the course of activities whilst hiring.
4.2 Stour Kayak or its employees will not accept any liability for damage or injury to any person or persons and/or property by your actions accidental or of a deliberate nature.
4.3 We offer no insurance cover regarding personal accidents to individuals that may occur during the term of hire. Watersports activities involve an element of risk and you are strongly advised to take out insurance cover against accident, emergency rescue, and personal injury, loss of luggage, equipment damage and cancellation.
5. Equipment, Instruction and Supervision
5.1 Use of watersports crafts is an assumed risk activity and all equipment must be handled with due care and attention with regard to personal safety and the safety of others around them.
5.2 If you choose to use your own craft or equipment on your session it is your responsibility to ensure it is of satisfactory quality and fit for purpose of the chosen activity.
5.3 If we consider your craft or equipment to be unsuitable for the session we require customers to use our chosen craft and equipment.
5.4 Stour Kayak equipment should not be taken on the weirs or away from the designated area of use. A minimum charge of £50 will apply to cover damage to our equipment.
5.5 Equipment must be returned on time or an additional charge of £50 per craft will be incurred.
6. Data Protection/Privacy
6.1 The information you have supplied will be treated in accordance with the provisions of the Data Protection Act 1998.
6.2 We may occasionally take photos of participants for publicity purposes, including for use on our website and social media, and in submitting your booking you are indicating your consent unless you tell us otherwise either in writing (letter or email) or in person.
7. Adherence to Rules
7.1 You must comply at all times fully and promptly with the SK rules and regulations and all other safety regulations and instructions issued by us and our staff.
7.2 You must not do anything (or omit to do anything) which may cause damage or loss to our property or facilities, to other participants or cause nuisance, annoyance, disturbance, inconvenience, or injury to any other persons on the premises.
7.3 We reserve the right to terminate the stay/use of facilities by any person(s) whom we reasonably consider being in breach of clause 71 and/or above and said persons may be required to leave SK immediately. No refunds will be made in the event, and we will not accept liability for any expenses, claims, losses or costs incurred as a result of such termination.
7.4 Our staff endeavour to provide the best service possible. They have the right to work in a safe environment. Anyone verbally or physically abusing a member of staff may be excluded from SK facilities and can expect to be dealt with by the Police and prosecuted where appropriate. SK will press charges. Thank you for your cooperation.
8. General
8.1 All under 18’s must be accompanied by an adult on the river, on a one adult to maximum of two children ratio.
8.2 No children under the age of 8 years can operate their own craft.
8.3 All participants must be able to swim a minimum of 25 metres unaided.
8.4 Any persons who are thought to be under the influence of drink and/or drugs (at the sole discretion of SK staff) will not be permitted to use SK facilities and partake in activities. No refund will be given.
8.5 If you wish to send us any notice or letters then you should send it to 2 Boundary Cottage, Bures Road, Little Cornard, Sudbury, Suffolk, CO10 0NN and SHOULD BE labelled for the attention of Stour Kayak management.
8.6 This agreement is governed and construed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
8.7 We must be notified of lost property within 2 weeks, as any items found are disposed of after this period.
9. Damage
9.1 Any damage caused by the customer to facilities, buildings, fixtures or any other property of SK or the Henny Swan, whether by your negligence, deliberate or accidental actions, shall be paid for by the customer and the amount of damage shall be assessed by SK whose assessment shall be binding.