The activity, course, tour or event, details of which are set out in
the Booking Confirmation or otherwise agreed in writing by
Ford Castle (or any substituted event).
Amendments or alterations to Bookings must be requested in
accordance with the procedure outlined at clause 4.1 and will be
subject to an administration charge of £20 per amendment.
The arrival date specified in the Booking Confirmation or such
other date as may be applicable by reference to these Conditions.
The reservation made by the Customer and accepted by
Ford Castle in accordance with these Conditions and as set out in
the Booking Confirmation.
Ford Castle’s written confirmation of Booking made on receipt of first deposit.
The price set out in the Booking Confirmation or as otherwise
confirmed in writing by Ford Castle
The cancellation charges payable by the Customer calculated as
set out in clause 5.7.
Ford Castle, Ford Village, Ford, Berwick-upon-Tweed TD15 2PX.
The terms and conditions set out in this document and any special
terms and conditions agreed in writing between Ford Castle and
The contract between Ford Castle and the Customer for
The person, firm, company or School, whose Booking is accepted
by Ford Castle in accordance with the Conditions.
The departure date specified in the Booking Confirmation or such
other date as may be applicable by reference to these Conditions.
The non-refundable holding deposits to be paid by the Customer
as detailed in the Booking Confirmation or (where no such deposit
has been detailed) the deposits calculated as follows:
(a) where the Activity costs £200 or more per Party Member – 25% + VAT
(b) where the Activity costs less than £200 per Party Member – £40 + VAT
(a) where the Activity costs £200 or more per Party Member – 40% + VAT
(b) where the Activity costs less than £200 per Party Member – 60% + VAT of the remaining sum
Group Travel Policy
Fogg Travel Insurance Services Ltd, details of which are available on request, covers all areas of the Activity arranged by Ford Castle
Ford Castle Adventure, whose address is
Ford Castle, Beaumont House, 2 Northumberland Avenue, Bishop Auckland, Co Durham, DL14 6AW
Any person(s) identified by the Customer responsible for organising
attendance of Party Member(s) in respect of the Activity.
Those person(s) whose attendance in respect of the Activity are
included in the Booking Confirmation or whose attendance is
otherwise notified to Ford Castle in accordance with these Conditions.
The payment schedule provided by Ford Castle as part of the
Booking Confirmation or (where no such payment schedule has
been provided) payment to be made as follows:
(a) First Deposit – payable 42 days after Provisional Booking by the Customer (or at the same time as payment of the balance of the Booking Price where the Booking is made less than 42 days prior to the Arrival Date).
(b) Second Deposit – payable 56 days after First Deposit (or at the same time as payment of the balance of the Booking Price where the Booking is made less than 42 days prior to the Arrival Date).
(c) Balance of Booking Price – 42 days prior to the Arrival Date (or immediately upon Booking where that is less than 42 days prior to the Arrival Date).
Party Member Price
The price per Party Member for the Booking.
2. CONDITIONS APPLICABLE
2.1 The Conditions shall apply to the Contract to the exclusion of
all other terms and conditions.
2.2 No variation to these Conditions (including any special terms
and conditions agreed between the parties) shall be binding
unless agreed in writing between the authorised representatives
of Ford Castle and the Customer.
2.3 Any representations made by Ford Castle’s employees or
agents concerning the Booking or the Activity shall not be
incorporated into the Contract unless confirmed in writing by
Ford Castle and in entering into the Contract the Customer
acknowledges that it does not rely on and waives any claim for
breach of any such representations which are not so confirmed.
2.4 Any quotation given by Ford Castle may be withdrawn at any
time prior to acceptance by the Customer and in any event shall
lapse after 30 days.
2.5 Any typographical, clerical, or other error or omission in any
sales literature, quotation, price list, acceptance of offer, invoice, or
other documentation issued by Ford Castle shall be subject to
correction without any liability on the part of Ford Castle.
2.6 For the avoidance of doubt the Contract is between the
Customer and Ford Castle and any claim for non payment of the
Booking Price or any part thereof shall be brought against the
Customer. The Customer shall be responsible for ensuring that it
makes all appropriate arrangements with Party Member(s) for
receipt of deposits and any other payments due in connection
with the Booking.
3. ACTIVITY, PRICING AND CENTRE INFORMATION
3.1 Activity photographs are used to give an idea of the adventure
programmes at the Centre but may not necessarily have been
3.2 The details published in various brochures and leaflets are
compiled from information which to the best of Ford Castle’s
knowledge is up-to-date and accurate at the time of going to press. In the event that Ford Castle becomes aware that any information contained
within such materials is or has become inaccurate Ford Castle will
use reasonable endeavours to bring this to the attention of the
3.3 Prices are published in good faith based on the current
academic year and Ford Castle reserves the rights to amend
published price bands.
4. BOOKING PROCEDURES & CONTRACT FORMATION
4.1 Ford Castle shall generate a Booking Confirmation in
response to a booking enquiry made by the Customer whether
by submission of an order form or by other written or oral enquiry
received from the Customer. The Booking Confirmation shall be
deemed to be an offer made by Ford Castle to the Customer to
enter into a contract upon the terms thereof which may be
withdrawn at any time prior to acceptance and which shall in any
event be deemed to expire unless accepted in accordance with
clause 4.2 prior to the date stated thereon.
4.2 The Customer acknowledges that once the Booking
Confirmation has been signed by the Party Leader(s) and returned
to Ford Castle a binding Contract will immediately come into force
between the Customer and Ford Castle. The Customer warrants
that the Party Leader(s) are authorised to sign the Booking
Confirmation and acknowledges that it shall be the responsibility
of the Customer and the Party Leader(s) to obtain the express
authority of each Party Member or their respective parents or
guardians for their attendance at the Centre in respect of the
Activity and to ensure that each Party Member and their parent
or guardian has been made aware of and complies with
4.3 In the event that Ford Castle agrees to accept a provisional
booking, such provisional booking will be held at the discretion of
Ford Castle and Ford Castle shall not be liable to the Customer or
any Party Member in the event Ford Castle is unable or unwilling
to provide a Booking Confirmation which incorporates the
Customer’s preferred dates.
4.4 The Customer shall not be entitled to make any alteration to
any documentation issued by Ford Castle. Any alteration required
to any Booking Confirmation provided by Ford Castle should be
notified to Ford Castle as soon as possible and prior to the signing
of the Booking Confirmation and in the event Ford Castle is able to
satisfy the Customer’s requirements Ford Castle shall send to the
Customer a revised Booking Confirmation.
5. CHANGES AND CANCELLATIONS
5.1 Should the Customer wish to make any alteration to the
Booking the requested alteration shall be notified to Ford Castle in
writing by the Party Leader(s) promptly in which case Ford Castle
may accept such alteration (subject to any increase in the Booking
Price, Administration Charges and changes to the Payment
Schedule to reflect the alteration) at its sole discretion. Prior to
requesting any alteration the Party Leader(s) should telephone
Ford Castle on 0844 800 4278 to discuss the required alteration.
Ford Castle will not make any alteration to the Booking unless a
written request is received from the Party Leader(s).
5.2 The Customer acknowledges and agrees that the Booking
shall only cover those Party Members specified on the Booking
Confirmation or otherwise agreed in writing with Ford Castle in
accordance with the Conditions and that no individual who is not
a Party Member will be permitted to engage in any Activity or
remain at any Centre.
5.3 Ford Castle reserves the right to make changes to the Booking
which are required to conform with any applicable safety or other
statutory requirements or which are not of a material nature.
5.4 All itineraries and programmes are subject to alteration due to
weather and/or operational factors and Ford Castle reserves the
right to change the accommodation or other facilities or services
included in the Contract for others of reasonably equal suitability
without prior notice or liability and without an alteration to the
5.5 Material changes may be necessary by reasons for prevailing
weather conditions, operational considerations and matters beyond
the control of Ford Castle (including Force Majeure events).
Accordingly, Ford Castle reserves the right to make changes which
are of a material nature and in such circumstances will inform the
Customer as soon as reasonably possible. In such event the Customer
shall have the following options:
(a) to accept the change (subject to paying any additional charges
or receiving a refund in respect of any price difference) in which
case the Contract shall be deemed to be varied accordingly or
(b) to book a substituted Activity with Ford Castle providing a
credit for the sums paid by the Customer or
(c) to cancel the Booking or such part of the Booking as is affected
by a material change with Ford Castle refunding in full all sums
paid in respect of the Booking or such part of the Booking as is
affected by the material change less any insurance premiums
(and excluding interest).
5.6 Where Ford Castle makes changes of a material nature less
than 70 days prior to the Arrival Date the Customer shall be
entitled to compensation calculated as follows:
Days prior to Arrival date on which material change is notified:
More than 70 days – Nil
70 – 35 days – £3, limited to one payment per Party Member per visit to Ford Castle
34 – 15 days – £5 , limited to one payment per Party Member per visit to Ford Castle
14 – 0 days – £7 , limited to one payment per Party Member per visit to Ford Castle
but no compensation shall be payable in circumstances where a
materials change is necessary as a result of factors outside the
control of Ford Castle or as the result of any act of Force Majeure.
5.7 The Customer shall be entitled to cancel the Booking in total or
for any of the Party Member(s) subject to the Party Leader(s)
Providing Ford Castle with written notice and payment of the
More than 42 days prior to Arrival Date – First & Second Deposits only
41 – 29 days prior to Arrival Date – 60%* of full price
28 – 15 days prior to Arrival Date – 75%* of full price
14 – 1 day prior to Arrival Date – 90%* of full price
On or after Arrival Date 100%* of full price
*Percentage of the Booking Price or the relevant Party Member
Price as appropriate
5.8 Without prejudice to any other right or remedy available to it
Ford Castle shall be entitled to cancel the Contract and refuse
entry to the Centre without any liability in the event the Booking
Price is not paid in accordance with the Payment Schedule in
which case the Cancellation Charges shall apply calculated from
the date at which notice of cancellation is given by Ford Castle.
5.9 Without prejudice to any other right or remedy available to it,
Ford Castle shall be entitled to cancel the Contract or such part of
the Contract as may be determined by Ford Castle without liability
on receipt of any notice received from the Customer or Party
Leader(s) by reference to clause 7.4 in which case the Cancellation
Charges shall apply calculated from the date at which notice of
cancellation is given by Ford Castle.
5.10 The Customer may be able to reclaim the Cancellation
Charges (in full or in part) under the terms of the Group Travel
Policy if selected by the Customer (terms and conditions apply –
see leaflet for details).
6. BOOKING PRICE AND PAYMENT SCHEDULE
6.1 Subject to any special terms agreed in writing between
Ford Castle and the Customer the Customer shall make payment
for the Deposits and the Booking Price as set out in the Payment
Schedule. Ford Castle shall not send payment reminders and the
Customer must ensure that payments are made by the relevant
6.2 Unless otherwise provided in these Conditions or agreed in
writing by Ford Castle any First and Second Deposits (see Deposits above) are non-refundable.
6.3 If at any time before the Arrival Date Ford Castle deems it
necessary to increase the Booking Price to give effect to any
increase in cost to Ford Castle in providing the Activity or services
(including any increase in the rate of VAT applicable) written notice
of any such increase shall be given to the Customer increasing the
Booking Price and in the event such increase:
(a) does not exceed 5% of the Booking Price: the Customer shall
not have the right to cancel the Contract
(b) exceeds 5% of the Booking Price: the Customer shall have the
right to cancel the Contract within 14 days of receipt of such notice
and Ford Castle shall refund in full all sums paid in respect of the
Booking (excluding interest).
6.4 Notwithstanding the provisions of clause 6.3 above any
increase in the cost to Ford Castle necessitating an increase in the
Booking Price which is a result of any change which is requested by
the Customer or as a result of any delay caused by any instructions
of the Customer or failure of the Customer to give to Ford Castle
adequate information or instructions shall not entitle the Customer
to cancel the Contract on receipt of a written notice of such
increase in the Booking Price other than as provided in clause 5.7.
6.5 If the Customer fails to make payment in accordance with the
Payment Schedule then without prejudice to any other right or
remedy available to it Ford Castle shall be entitled to charge the
Customer interest at the rate of 3% per annum above Lloyds TSB
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).
7. CUSTOMER’S OBLIGATIONS
7.1 Participation in activities requires Party Member(s) to be in
good health and have a reasonable basic level of fitness. All Party
Members taking part in activities in water must be able to swim at
least 50 metres unaided.
7.2 The Party Leader(s) accept responsibility for the general
conduct of the Party Member(s) throughout the stay and the
Customer and the Party Leader(s) shall ensure that:
(a) Teachers and/or other adults accompanying the party agree to
act ‘in loco parentis’ at all times. Ford Castle staff provide activity
instruction only to groups during sessions.
(b) take all reasonable steps to minimise disturbance to other
guests and prevent damage to the property.
(c) no Party Member under 18 years of age consumes alcoholic
(d) all local laws relating to the consumption of alcohol are at all
times obeyed by the Party Member(s).
(e) ensure that no Party Member smokes in any part of the Centre
other than in those areas marked as designated smoking areas.
(f) suitable arrangements are made for the exclusion of any Party
Member who fails to comply with the provisions of this clause or
the reasonable instructions of Ford Castle.
(g) Ford Castle is reimbursed in full on or before the Departure
Date in respect of all loss or damage caused or contributed to by
any Party Member.
(h) all appropriate measures are taken for the protection and
security of any valuables baggage or other personal possessions
responsibility for which shall remain with the Customer and the
7.3 The operation of the Centre is subject to statutory controls
including those relating to fire licensing entertainment safety of
equipment and the Customer and the Party Leader(s) shall ensure
that all Party Member(s) and any other visitors or guests under
their control or supervision strictly observe all such requirements.
7.4 The Customer and the Party Leader(s) shall at all times take
such precautions as shall be necessary and/or as may be
reasonably required by Ford Castle to prevent or restrict the spread
of infectious or contagious diseases e.g. chicken pox, gastro
enteritis. In particular (and without limitation) the Customer and/or
the Party Leader(s) are required to advise Ford Castle if any Party
Member has suffered from or been in contact with other persons
or animals suffering from infectious or contagious diseases
representing any threat to human health within the period of 4
weeks prior to the Arrival Date. In the event that cancellation of the
booking of the relevant Party Member is necessary the appropriate
Cancellation Charges will apply but these may be reclaimable if
covered under the terms of the Group Travel Policy or any other
insurance policy taken out by the Customer or the Party Member(s).
7.5 The Customer must advise Ford Castle at the time of making
any Booking or as soon as the Customer becomes aware of any
special needs or care requirements required for any Party
Member(s) and the Customer acknowledges that Ford Castle does
not provide routine or special assistance to Party Member(s) in
respect of any such special needs or care requirements.
7.6 Ford Castle reserves the right to decline any Booking or
exclude any Party Member at any time prior to or during the
Activity if in Ford Castle’s opinion the inclusion of that Party
Member is not compatible with the general enjoyment and well
being of the visit. Any additional costs so incurred would be
entirely at the responsibility and expense of the Customer.
In the event that the Customer is not satisfied with the Activity or
services provided by Ford Castle the Customer or Party Leader(s)
must notify the Ford Castle Centre Manager during the stay of any
claim the Customer intends to pursue thereby affording
Ford Castle the opportunity to rectify any problem raised. If it is not
resolved immediately the Customer should write to Ford Castle
immediately and Ford Castle will endeavour to find a satisfactory
solution up to a limit of £1,500 per Booking (representing the
maximum liability of unless otherwise provided under
these Conditions). Ford Castle shall not accept liability for any
complaint which is not notified to Ford Castle in writing within 28
days of the Departure Date.
Insurance cover is not included in the Booking Price and may be
available for the Customer and/or the Party Member(s)under the
terms of the Group Travel Policy (subject to payment of relevant
10. FORCE MAJEURE
Ford Castle shall not be liable for any delay in performing or failure
to perform any obligation or alterations and cancellations due to
any cause beyond Ford Castle’s reasonable control including
strikes, lock-outs, labour disputes, act of God, war, riot, civil
commotion, terrorism, malicious damage, threats to safety,
compliance with any law or governmental order, rule, regulation,
or direction, accident, environmental contamination, pandemic,
outbreak of disease, breakdown of plant or machinery, fire, flood,
storm, difficulty or increased expense in obtaining workmen,
materials, goods or raw materials in connection with the
performance of this Agreement.
11. SPECIAL REQUESTS
All special requests should be made at the earliest opportunity in
writing. Ford Castle will endeavour to meet all reasonable requirements
and notify the appropriate persons accordingly. We cannot
guarantee that special requests will be fulfilled and therefore failure
to do so does not constitute a breach of contract unless they have
been specifically guaranteed by Ford Castle in writing.
12. PHOTOGRAPHY AND MARKETING
12.1 At certain times Ford Castle retains professional
photographers to take pictures at Centres for use in promotional
material. If any members of your group do NOT want to appear in
any such photography the Party Leader(s) should notify us prior to
their visit and advise the Customer Service Manager at the Centre
12.2 Ford Castle uses elements of customer feedback including
letters and feed back forms in some promotional material. If you do
NOT wish to be quoted, please could you inform us on any written
material that you submit to us.
13. DATA PROTECTION
Ford Castle has measures in place to protect the personal data
held by us. Personal data collected from you including personal
data relating to Party Members will only be used by Ford Castle in
order to fulfill our obligations under the Contract including in the
administration of your Booking and in the arrangement and
provision of the Activity and in complying with our obligations in
relation to health and safety and other regulatory obligations as
well as for informing you about Ford Castle’s products and
services. All personal data is processed in accordance with data
14.1 We allow 1 free adult space for every 8 paying student
places. If an adult is attending as a one-to-one carer for a specific
student, we will allow that adult free at our discretion depending
on bed availability.
14.2 The headings in the Conditions are for convenience only and
shall not affect their interpretation.
14.3 Ford Castle may perform any of its obligations or exercise any
of its rights hereunder by itself or through its employees agents or
14.4 No waiver by Ford Castle of any breach of the Contract by the
Customer shall be considered as a waiver of any subsequent
breach of the same or other provision.
14.5 No failure by Ford Castle to exercise any power given to it or
to insist upon strict compliance by Ford Castle with any obligation
hereunder and no custom or practice of the parties at variance
with the terms hereunder shall constitute any waiver of any of
Ford Castle’s rights under the Contract.
14.6 A person who is not a party to this Contract has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce
any of these Conditions but this does not affect any right or
remedy of a third party which exists or is available apart from
under that Act.
14.7 If any provisions 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 provisions in question shall not be affected thereby.
14.8 Any notice given hereunder must be given in writing and
delivered or sent by post or facsimile transmission to the residence
or principal place of business of the party to whom it is addressed.
14.9 The Contract shall be governed by the laws of England and
subject to the jurisdiction of the English courts.
16 December 2011