(1) Introduction

These T&C's are numerous in order to comply with the multitude of legislation around Ecommerce and distance selling such as;

• UK Consumer protection legislation 
• The Electronic Commerce (EC Directive) Regulation 2002
• The Consumer Protection (Distance Selling) Regulation 2002
• The Unfair Contracts act 1977

Please read these online booking terms carefully.

You will be asked to expressly agree to these online booking terms during booking process on our website. 

(2) Interpretation

In these online booking terms, “we” means Discover Skydiving Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer under these online booking terms (and “your” will be construed accordingly).

(3) Booking process

The advertising of Skydiving or Parachuting Courses on our website constitutes an “invitation to treat”; and your submission of a booking request for a Skydiving or Parachuting Courses constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to take a Skydiving or Parachuting Course, you will need to take the following steps: you must select the relevant Skydiving or Parachuting Courses, select the location, and select a date (not necessary for gift vouchers) and then proceed to the checkout; you must confirm your order and your consent to these online booking terms; you will be transferred to the Sagepay website, and Sagepay will handle your payment; we will then send you an initial acknowledgement email; and once we have checked whether we are able to meet your booking request, we will either post or email you a booking confirmation (at which point your booking will become a binding contract) or we will confirm by email that we are unable to meet your booking request.

We will not file a copy of these online booking terms specifically in relation to your booking.  We may update the version of these online booking terms on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these online booking terms for your records.

The only language in which we provide these online booking terms is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors the system such as age height & weight information.  You may correct those input errors before placing your order by showing a draft of your booking details which you may edit if there is an error.

Gift Vouchers.  Please set the date for the course for as soon as possible and do not leave until the last few days of validity.  Gift voucher must be booked so the course takes place before the gift voucher expires. All voucher are sold subject to availability, in the event of you leaving the redemption of a gift voucher so late that we or you cannot accommodate a requested date before expiry (even inside the validity date) the voucher will need to be extended before it can be booked. Please note some centres close for several weeks over December January.

A gift voucher can be extended for 6 month using the online extension form and paying the fee. Any extension must be done before the voucher expires.

The voucher is deemed used on the date the course is set.  In the event you are unfortunate enough not to jump due to poor weather or any other reason. You are able to rebook for a mutually convenient date BUT the centres rebooking time frames will apply, this ranges from 1 year to 1 month. This may be before the validity shown on the voucher is reached. 

Example: Christmas gift voucher due to expire 25th December 2015, The date for the Tandem Skydive is set for the 26th August 2015 at a centre with a 1 month return requirement, you must return to the centre by 26th September to reattempt the skydive or the centre may charge retraining fees. Non attendance within the required time frame results in the voucher being used and rebooking may not be possible. Not all centres have this in place, where there is a date return requirement, this is placed clearly in the joining instruction sent out at the time of booking.

 

(4) The Skydiving and Parachuting Course

We offer courses in Skydiving and Parachuting which you are able to book with us. The courses are a mixture of theory and practical lessons. The 3 types of course we offer are Tandem Skydive, Accelerated Free Fall Course and Static Line Courses. All can be booked by paying a booking fee or by paying in full.
You may also purchase gift vouchers for the above courses.

Please note these courses are regulated by the British Parachute Association and you must attain the require standard to complete the Skydive or Parachute Jump. By attending the course you believe you are capable of attaining the standard. If however after the training and final exam period is over you have not attend the required safety standard you will not be allowed to make the decent for your own safety. You may be offered a different course ie Tandem Skydive instead of an AFF or Static line course where the demands are lower on the individual but you may/will have to pay a surcharge. In the case of AFF you will not be refunded the difference between the costs of the course.

There may be addtional restrictions if you have a high (over 30 B.M.I .Body Mass Index) This may be in the form of a pre-jump assesment or not jumping in nil wind conditions these are just additional safety precaution to reduce to a minimum the risk of injury and you accect these addtional restrictions when making the booking.

(5) Price and payments

Prices for Skydiving and Parachuting courses are quoted on our website.  However, it is always possible that some of the prices on the website may be incorrect.  We will verify prices as part of our online booking procedures so that the Skydiving or Parachuting course correct price will be stated when you pay (either deposit or full payment) for the Skydiving and Parachuting course.

Payment must be made in full on the date of the Skydiving or Parachuting Course. Please note this may not be the same day as the skydive Parachute jump.  We may cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

The Balance payment made on the day to the individual centre must be made by cash or card. Please note Swansea ONLY accept CASH on the day. NO centres will accept cheques now the cheque guarantee scheme has been withdrawn by the banks. No monies paid to the centres are income to Discover Skydiving Ltd. 

Prices are liable to change at any time, but changes will not affect contracts which have come into force.

Charges for alterations to Dates, Names and for non-attendance.

To ensure accuracy only changes made online and paid for will be allowed, we cannot make these changes over the phone.

To Change the Date once agreed. (with more than 21 days notice)

A payment of £15.00 is required at time of request.
To prevent errors we require you to use the form on the website; this will request the information we need to make the amendment (subject to availability). Note cannot be done over the phone. Confirmation will be emailed to confirm the amendments.

To change the name or location on a Gift Voucher. (before setting the date for the Jump)

A payment of 15.00 is required at time of request.Plus any differance in price will need to be paid. Note if the centre is a lower cost we would not refund the differance, but would not charge the admin fee. A new voucher will be posted to you.PLEASE NOTE you cannot change the airfield once the date has been set. Please do not book an airfield a long way from home. If you are unable you jump on the day booked for any reason we would not then move you to an other location.

If you wish it extend a gift voucher (before it has expired).

A payment of £50.00 is required at the time of request. 
This can be done from the voucher page of the website. An extend replacement will be posted to you.

Failure to attend, short notice cancelations. (Less that 21 days notice)

Clearly it is not acceptable to book a place or places on a course and then not turn up. or cancel place/s with less than 21days notice. Failure to attend a Skydiving or Parachuting course for any reason once the date has been confirmed (including re-bookings) will incur a “No Show” fee to the value of the full balance of the course. (Full price gift vouchers will be deemed used.) If paid within 14 days this will be reduced to £50.00 per person. This will be sent to you as an invoice for services provided but not used. When booking in a  group of people the person making the group booking (paying the deposit) accepts the responsibility of paying this fee in the event of a member of a group not attending.

Surcharges.

Discover Skydiving has todate NEVER made a surcharge when prices increase to people already booked. Prices raise from time to time to keep up with riasing operating costs. However, this may not always be the case and there my be an occation when due to short notice these price rises will have to be passed on.  In the event of this the price payable on the day may be higher than that shown in a confirmation letter or other comunications.  When ever possible we will inform you by email that this has occured with as much notice as possible.

(6) Warranties

We warrant that the services provided under these online booking terms will be provided with reasonable skill and care.

You warrant and represent to us that:

• (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these online booking terms;
• (b) the information provided in or in connection with your booking request is accurate and complete;
• (c) you are entering into the contract under these online booking terms as a consumer, and not in the course of a business;
• (d) you will be able to attend the Skydiving or Parachuting Course at the time and in the place requested at the time of booking or setting the date where the date was not confirmed at time of booking.
• (e) you meet the pre-requisites and qualification criteria for attending the Skydiving or Parachuting Course set out in locations information for each centre
• (f) you are resident in the England or Wales and or Scotland.
• (g) you are at least 16 years of age and have parental/guardian consent if under 18.
• (7) Venues and dates

Where we have a valid reason to do so, we may change Skydiving or Parachuting Course dates and venues by giving reasonable notice of the change to you. 

(9) “Cooling off” period

You may cancel an event booking at any time within 7 working days following the conclusion of the contract in accordance with Section [3] of these online booking terms, providing that the Skydiving or Parachuting Courses has not actually commenced during that period or you are within the minimum cancelation notice period. 

In order to cancel a contract on this basis, you must inform us by writing to [the address set out in Section [15] of these online booking terms].

If you book a course inside the minimum cancelation period, then the cooling off period will not apply and you will be unable to cancel the Skydiving or Parachuting Courses

(10) Statutory rights

Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the online booking terms.

 (11) Refunds

All Payments are non – refundable.

No refunds are possible once inside the booking minimum notice period. If you have paid in full or brought a gift voucher you can be refunded all except a £50.00 admin/ processing fee during the cooling off period of 7 days. This will be re-paid once the gift voucher has been returned to us. Note the voucher cannot be refunded if it has been used to book a place on a course.

If you cancel a contract and you are entitled to a refund, we will usually refund any money to you using the same method originally used to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation by email. The gift voucher must be returned to the address below before any payments are made.

In the event of a medical issue we will make a full refund as long as the gift voucher is returned with the medical form endorsed as un-fit to take part by their GP within one month of the purchase. Beyond this time a transfer to another person can be made or a refund less the £50.00 fee will be made.  Please ensure medicals are done as soon as gift vouchers are passed on to prevent this charge being made. We recommend when returning any vouchers or medical forms to us they are sent recorded delivery. No refunds will be made before the items are received.

In the event of you requesting an un-justified charge back from your card provider, we will pursue you directly for payment. This will incur additional fees and charges, and may result in a CCJ against you.

(12) Limitations and exclusions of liability

Discover Skydiving Ltd, Will be responsible only for the Booking arrangements of your Skydive or Parachute Course, We are not responsible for your safety in any way when you attend your course this is very clearly the centres/instructors responsibility. The centre is required to deliver the service in line with the current British Parachute Association Operations manual and requirements of the Civil Aviation Authority (CAA).

Nothing in the online booking terms will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the online booking terms.

The limitations and exclusions of liability set out in this Section [and elsewhere in the online booking terms]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the online booking terms or in relation to the subject matter of the online booking terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(13) Force majeure

In this Section and Section [12], “force majeure event” means any event which is beyond our reasonable control.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms and conditions, those obligations will be suspended for the duration of the force majeure event. Skydiving and Parachuting is a weather dependant activity it may be necessary to travel to a centre more than once to complete the course. There are also a number of other factors outside our control, such as an aircraft become unusable due to developing a fault or an instructor becoming sick at short notice which may have a bearing on your course. Any costs associated with such events are not covered in any way by Discover Skydiving Ltd or the centres you attend.

In the event of not being able to make the planed skydive on the date booked, then you agree and will rebook a new date within a 3 month period. If you do not set a new date with in 3 month then you agree to pay an new booking fee (deposit) for any future booking/rebooking date. This will be treated as a new booking. 

(14) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these online booking terms may only be varied by an instrument in writing signed by both you and us.  We may revise these online booking terms from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these online booking terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these online booking terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these online booking terms.

You may not assign charge, sub-contract or otherwise transfer any of your rights or obligations arising under these online booking terms.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these online booking terms, at any time – providing such action does not serve to reduce the guarantees benefiting you under these online booking terms.

Each contract under these online booking terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [12]: these online booking terms contain the entire agreement and understanding of the parties in relation to [events] booked on our website, and supersede all previous agreements and understandings between the parties in relation to Skydiving or Parachuting Courses booked on our website; and each party acknowledges that no representations not expressly contained in these online booking terms have been made by or on behalf of the other party in relation to the booking of Skydiving or Parachuting Courses on our website.

These online booking terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have jurisdiction to adjudicate any dispute arising under or in relation to these online booking terms.

(15) About us

Discover Skydiving Ltd. 
36 Lapsley Drive
Banbury
Oxon
OX161EW

Principal trading address is as above. 

Our company registration number is 5392176 

Our email address is info@discoverskydiving.co.uk  

We are not VAT registered at this time.