Terms and Conditions for Point 5 Limited
In these Terms & Conditions references to:
“Point 5”, and “we” and “us” and “our” refer to Point 5 Limited (company no. 10304235), whose registered office is at Point 5 Limited, Initial Business Centre, Wilson Park, Manchester, M40 8WN.
“you” and “your” and “yourself” and “Primary Booker” refer to the person/company/charity/organisation/group making and financially responsible for a booking – which includes any person to whom a booking is transferred;
a “booking” or “standard booking” (or “day experience”, or ‘multi-day experience”, as we refer to bookings in a marketing context) refer to the service, supply, event or trip – and the itinerary and activities offered therein – sold by or provided by Point 5
“participant” and “participants” and “they” refer to any person taking part in a Point 5 booking, or part thereof. Participants under 18 years of age are only permitted to join a booking which does not include accommodation/overnight stays. Participants under 18 years of age must be accompanied by a parent or guardian who is at least 18 years of age. If you are acting as a parent or guardian on behalf of a participant under 18 years of age, you accept these terms and conditions on their behalf and are ultimately responsible for them.
Point 5 is limiting liability in cases of death or personal injury caused by our negligence, or cases otherwise not permitted by law.
1. Booking and Payment
1.1 Bookings are confirmed upon receipt of the full payment or a deposit. The booking fee for activities, courses and events must be paid in full no later than seven days before the commencement date. The booking fee for expeditions and long weekends must be paid 6 weeks prior to departure. Once we have agreed to take a booking from a customer, the customer is entering into a contract with Point 5.
1.2 Under 18s must be accompanied by a paying parent or guardian throughout the booking to be able to participate.
1.3 Each participant will be asked to accept and sign our Acknowledgment of Risk document (please see relevant section below) on or before a booking’s start date.
1.4 Joint and group Bookings. The Primary Booker should proceed through the normal booking process – you will have the opportunity to add additional participants to your booking. If you are an additional participant of a group booking, you accept and acknowledge that your share of the booking cost and therefore all payment obligations shall exist between us and the Primary Booker. Unless expressly agreed otherwise with the Primary Booker and ourselves, we will not process any payments or refunds from/to additional participants directly; all such payments shall be made from/to the Primary Booker only.
1.5 Participants are responsible for the following costs: personal equipment, tips/gratuities, entrance/admission fees, parking fees, food and drink, personal spending money, transport and activities unless otherwise stated in the ‘What’s Included’ section of a booking itinerary. Participants are responsible for making advance reservations and/or selections for such inclusions where required.
2. Cancellation by You
2.1 Any cancellation must be notified in writing by the person who made the booking. If you cancel your course:
a) more than 4 weeks prior to the start date, we will offer an alternative date for your course, or a full refund minus 20% of the full cost of the course.
b) less than 4 weeks before the start date or on or after the commencement of the course, no refund will be payable.
2.2If you have paid a deposit only, this is non-refundable at any stage.
Note: We appreciate that wholly unforeseen events may result in cancellation. We therefore strongly advise you to take out insurance against irrecoverable cancellation costs (see point 5 below).
3. Changes or Cancellation by Us
3.1 Before you enter into a contract with us, we reserve the right to change any of the facilities, services or prices described in our brochure or website.
3.2 If the minimum number of clients required for a trip is not fulfilled Point 5 may have to cancel your booking. We will be offered an alternative date or you can choose to receive a full refund.
3.3 All bookings are made on the basis that customers will observe the safety instructions provided by Point 5 staff. To ignore these instructions, you do so at your own risk. The word of the instructor is final.
3.4 Point 5 Limited reserves the right to exclude customers from an event if they are not adequately prepared, not fit enough, or their actions will jeopardise their own, other customers’, or the instructors’ safety. We also reserve the right to exclude a customer if their attitude is aggressive or offensive. If you leave an event part way through and you and the guide are happy with the action, then the guide’s duty of care over you ends there. The Cancellation by You clause (see above) will apply.
3.5 Point 5 accepts no responsibility for customers’ personal property that may be lost or damaged during the event. This includes property left in the leader’s car during an event.
4 Poor Weather
4.1 In the case where we have to cancel a booking due to poor weather, we will offer an alternative date, but no refund will be given. We will always seek a viable alternative if possible. We will not be held responsible for other losses (accommodation, fuel costs, food, etc) incurred due to the cancellation. Again, for this reason, we recommend you take out cancellation and curtailment insurance (see article 5 below).
4.2 Point 5 reserves the right to vary walks or events from the specification set out in the confirmation. This is most likely to be a weather-dependent action or an action related to group fitness and ability. We will aim to keep an event as true to the booking as possible.
4. Changes by you
If, after booking onto a course or walk and making full payment, you would like to change to an alternative date, an additional administration fee of £20 may be charged for a booking or £50 for a multi-day booking. Any change of course date is subject to availability.
5. Liability and Insurance
5.1 Point 5’s responsibility for you on the event begins at the designated meet point on your event itinerary. Point 5 takes no responsibility for getting you to the beginning of the event.
5.2 It is recommended on booking that you are insured against medical and personal accident risks. This must be for the activities undertaken and include repatriation costs, air ambulance and helicopter rescue services and cancellation and curtailment.
5.2 It is your responsibility to ensure that the insurance cover you purchase is adequate.
5.3 All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment. We therefore recommend that your insurance policy includes cover for baggage and personal items.
6. Complaints Procedure
If you have a complaint about the course you should make it known to your guide/leader at the earliest opportunity. If you feel your complaint has not been properly dealt with we shall endeavour to agree on a settlement with you. Any outstanding complaint not resolved during the trip should be notified to us in writing within 30 days of the scheduled date of return.
7. Media Consent
7.1 Participants give consent that any photography, video or alternative media produced during the booking’s duration, which may include a participant’s image, or written or audio testimonial, may be used in promotional material connected with or relative to Point 5. Including but not limited to: use on our website, on social media and in printed or digital promotional materials. We will retain all rights, title and interest, including but not limited to any royalties, proceeds, or other benefits derived from such media. If you do not wish for your image to be used, you must inform Point 5 before the event.
8.1 In order to process your booking and to ensure that it runs safely, smoothly and meets participants’ requirements, we may need to pass on the information and personal data participants provide including, but not limited to: name, contact details, assistance needs and dietary requirements to relevant third-party suppliers (e.g. activity leaders; accommodation, transport, or catering providers; etc.) that we work with or subcontract to fulfil your booking.
8.2 Except in the case of an emergency, we will NOT pass on medical details participants have disclosed to us – it is their responsibility to ensure they inform any third-party of such details.
8.4 Each registration to create a profile on our website is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
9. Participation statement
Participation in adventurous activities entails some risk of injury and death. All staff employed by the company are trained and appropriately qualified to run the booking and will at all times proceed in a manner to limit the risk of injury. However, customers need to accept that accidents and injuries can happen and there is a possibility of injury or even death, which you accept when booking. You can read more on Risk & Safety here.
All participants will be asked to accept and sign our current Acknowledgment of Risk document. If you fail to provide us with a signed Acknowledgment of Risk for each participant, your booking will be cancelled, whereby the charges detailed in the relevant Cancellation by You clause (see above) apply.
Point 5 aims to foster a sense of community through its adventures. Customers are asked to carefully check the requirements for trips. Occasionally, an objective such as a summit will not be met due to members of the group not meeting the requirements or not being up to the objective in that instance. In this case, the default position is that no refund will be given. The company may still choose to issue one should they deem it appropriate.