Terms and Conditions

Website Terms and Conditions

This website is operated by Life Changing Challenges and by using this website you agree to the following terms and conditions.

The information on this website is intended as information only and should never be used as a substitute for legal or professional advice. We cannot guarantee that the information is in date nor comply with individual circumstances. If you have any doubts about information on this site then please do not hesitate to contact Life Changing Challenges and speak to a member of staff direct.

Life Changing Challenges cannot accept any responsibility for the consequences of any errors or omissions. Any reliance you place on information found on this site or linked to on other websites will be at your own risk. Life Changing Challenges , its agents and employees, are not liable for any losses or damages arising from your use of this site.

All links out of this website are checked on submission and on a regular basis and are only included to enhance the information we provide. However, their websites are not under our control and Life Changing Challenges are therefore not responsible for the content, information, services or products provided by these companies. Should you have any issues with the content of the sites we link to then please contact us so we can review these links and act accordingly.

This website does not endorse or favour any specific commercial product or business. Non-government sites linked to from this website are present only because they may be useful additions to the information we provide. A link to a third-party website does not imply endorsement; use your own business judgement to decide whether the information or service on that website is suitable for your needs. If a website is not linked to, this does not mean or imply that it is unsatisfactory. The linked websites are regularly reviewed in the light of customer usage and feedback.

We make every effort to check and test this website during production. However, we would advise you to run an anti-virus program on anything you download from the Internet. We cannot accept any responsibility for any damage to your computer system or loss of data caused by using this website.

This website and the use of it is governed by English law and English courts shall have exclusive jurisdiction over any disputes connected to this website.

 

Life Changing Challenges Terms and Conditions

LIFE CHANGING CHALLENGES facilitates the raising of funds for charities by providing adventure trips. Persons wishing to raise monies for the charities concerned must commit to raise the fundraising target applicable for their chosen trip. The cost of the trip is paid to LIFE CHANGING CHALLENGES out of the sponsorship monies raised and the remaining sponsorship monies are kept by the charity concerned as a donation.

 

1. TERMS & CONDITIONS...

1.1 In these Conditions:

“Buyer” means the person who purchases an ‘event’ from our (Life Changing Challenges) website the ‘Seller’ for the sale of the ‘Event’ as advertised or whose purchase for the Event is accepted by the Seller. “Event” means the Event which the Seller is to supply in accordance with these Conditions and any Event supplied in substitution for or in replacement of or in addition to such Event. “Seller” means LIFE CHANGING CHALLENGES “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller. “Contract” means the contract for the purchase and sale of the Event..

“Writing” includes letter, cable, facsimile transmission, email and comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Basis of the sale

 2.1 The Seller shall sell and the Buyer shall purchase the Event in accordance with any advertised quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Event unless confirmed by the Seller in Writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed.

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller

3. Purchasing Events

3.1 No purchase made by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s by means of confirmation email.

3.2 Confirmation email will be sent to Buyer from Seller within 24 hours

3.3 The description of and any specification for the Event shall be those set out in the Seller’s Website and therefore any purchase is made based on those descriptions and specifications.

3.4 The Seller reserves the right to make any changes in the specification of the Event which are required to conform with any applicable safety or other statutory requirements or, where the Event are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

3.5 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of any cancellation. However, from the date of the order, a 14 day cooling off period will be allowed during which cancellations or reducing the order will be accepted by the seller without penalty. Without prejudice to the generality of the foregoing, should the Buyer purport without the agreement in Writing of the Seller to cancel any order which has been accepted by the Seller or refuse to accept delivery of any of the Events such action shall constitute a breach of the agreement and, at the option of the Seller, the Seller shall be entitled to require the Buyer to pay to the Seller by way of liquidated damages an amount equivalent to 50% of the invoice value of the order so purported to be cancelled or 50% of the invoice value of the Event delivery of which is so refused (as the case may be). In the event of the Seller so requiring the Buyer shall pay such amount to the Seller (without any deduction) within 7 days of receiving from the Seller written notification of the amount required to be paid. The Seller and the Buyer hereby agree that such amount represents a genuine pre-estimate of the monetary value of the loss and damage likely to be suffered by the Seller as a result of such breach of agreement on the part of the Buyer. For the avoidance of doubt, in the event that the Seller opts to require the Buyer to pay liquidated damages as set out above, and the Buyer duly pays such liquidated damages, neither party shall have any further liability to the other in relation to the Event in respect of which such liquidated damages are paid.

4. Price of the Event

4.1 The price of the Event shall be the Seller’s advertised price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order.

4.2 The advertised price includes all costs

5. Terms of payment

5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller the Buyer shall make full payment for the Event as advertised on the Website at the time of booking.

Self funding option

The self funding option is ideal for those wishing to personally cover the full cost of the challenge themselves. The cost is made up of the deposit, which is payable at the time of booking, and the final balance, which is payable six weeks prior to the challenge. This option allows the challenger to decide upon how much they donate to their nominated charity if they choose to do so

Fundraising option

The fundraising option benefits both the individual and their nominated charity because the cost of the challenge is paid from the funds raised, making it an affordable option for the challenger and a profitable option for their nominated charity. The cost is made up of the deposit, which is payable at the time of booking, and the minimum sponsorship amount. The minimum sponsorship amount should be sent directly to the nominated charity as it is raised, the charity must receive 100% of the minimum sponsorship amount at least six weeks prior to the challenge. The charity will then meet the costs of the challenge

5.2 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to.

5.2.1 cancel the contract or suspend any further deliveries to the Buyer;

5.2.2 appropriate any payment made by the Buyer to such of the Event (or the Event supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer) and

5.2.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum above HSBC base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

5.3 In the event that the Seller shall cancel the contract under the provisions of Clause 5.3.1 above the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of such cancellation. Without prejudice to the generality of the foregoing, at the option of the Seller, the Seller shall be entitled to require the Buyer to pay to the Seller by way of liquidated damages an amount equivalent to 50% of the invoice value of the contract so cancelled. In the event of the Seller so requiring, the Buyer shall pay such amount to the Seller (without any deduction) within seven days of receiving from the Seller written notification of the amount required to be paid. The Seller and the Buyer hereby agree that such amount represents a genuine pre-estimate of the monetary value of the loss and damage likely to be suffered by the Seller as a result of such cancellation

6. Delivery

6.1 Acceptance of the order and confirmation will be sent to Buyer via email upon .receipt of payment.

6.2 Any dates quoted for delivery of the Event are approximate only and the Seller shall not be liable for any delay in delivery of the Event howsoever caused

6.3 If the Seller fails to deliver the Event for any reason, other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Event to replace those not delivered over the price of the Event.

6.4 If the Buyer fails to take delivery of the Event then, without prejudice to any other right or remedy available to the Seller, The purchased ‘place’ is lost in full and no refunds will be made.

7.Title – the buyer may purchase the event to be ‘gifted’ to a third party.

8. Warranties and liability

8.1 Subject to the conditions set out below the Seller warrants that the Event will correspond with their specification subject to such tolerances as are reasonable and as are normally accepted in the industry.

8.2 The above warranty is given by the Seller subject to the following conditions:

8.2.1 the Seller shall be under no liability in respect of any defect in the Event arising from any specification supplied by the Buyer:

8.2.2 the Seller shall be under no liability in respect of any defect arising from failure to follow the Seller’s instructions (whether oral or in writing), misuse or alternation of the Event without the Seller’s approval.

8.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Event has not been paid by the due date for payment.

8.2.4 the above warranty does not extend to Event not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the the Seller.

8.3 Subject as expressly provided in these Conditions, and except where the Event are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.4 Where the Event are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.

8.5 Where any valid claim in respect of any of the Event which is based on any defect in the quality or condition of the Event or their failure to meet specification is notified to the Seller in accordance with these Conditions the Seller shall be entitled to replace the Event or (refund to the Buyer the price of the Event) (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

8.6 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever(and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Event or their use or resale by the Buyer, except as expressly provided in these Conditions.

8.7 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Event if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:

8.7.1 Act of God, explosion, flood, tempest, fire or accident;

8.7.2 war or threat of war, sabotage, insurrection, civil disturbance, or requisition;

8.7.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

8.7.4 import or export regulations or embargoes;

8.7.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

8.7.6 difficulties in obtaining raw materials labour, fuel, parts or machinery;

8.7.7 power failure or breakdown in machinery.

9. Data Protection Act 1998

9.1 We may transfer information about you to our financiers, who:

9.2 may use, analyse and assess information about you, including the nature of your transactions, and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claim, underwriting and training purposes and in making payments and servicing their agreement with us;

9.3 from time to time, may make searches of your record at credit reference agencies where your record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches;

9.4 may give information about you and your indebtedness to the following:

9.4.1 our or their insurers for underwriting and claims purposes;

9.4.2 any guarantor or indemnifier of your or our obligations to enable them to assess such obligations;

9.4.3 their bankers or any advisers acting on their behalf;

9.4.4 any business to which your indebtedness or our arrangements with our financiers may be transferred – to facilitate such transfer;

9.5 may monitor and/or record any phone calls you may have with them, for training and/or security purposes;

9.6 in the event that they transfer all or any of their rights and obligations under their agreement with us to a third party, may transfer information about you to enable the third part to enforce their rights or comply with the obligations.

9.7 We will provide you with details of our financiers on request, including a contact telephone number if you want to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about you. You also have a right to receive a copy of certain information they hold about you if you apply to them in writing, however, a fee will be payable.

10. General

10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party given the notice

10.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.3 If any provision of these 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 Conditions and the remainder of the provision in question shall not be affected thereby.

10.4 The contract shall be governed by the laws of England.

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