Terms and Conditions for School Trips
The below terms and conditions relate to School Trips and Business to Business sales. For Family Trips and Visits please click here.
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 5 (CHARGES, PAYMENTS AND CANCELLATIONS) AND (CLAUSE 8 (LIMITATION OF LIABILITY).
The following definitions and rules of interpretation apply in these Conditions.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Celtic Harmony: Celtic Harmony registered in England and Wales with company number 3631395 whose registered office is at 9 The Limberlost, Off Reynards Road, Welwyn, Hertfordshire AL6 9TS.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.
Children: any end-user aged under 18 and any end-user who attends the Site under the supervision of the Customer as student.
Commencement Date: In the case of a Day Trip, the day upon which the Day Trip is booked for and in the case of a Residential Trip, the day upon which the Customer is booked to arrive at the Site.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.4.
Contract: the contract between Celtic Harmony and the Customer for the supply of Services in accordance with these Conditions.
Contract Date: has the meaning given in clause 2.2.
Customer: the business entity which purchases Services from Celtic Harmony as specified in the Order (Celtic Harmony does not provide the Services to consumers).
Customer Default: has the meaning set out in clause 4.2.
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
Day Trip: A visit to the Site which includes one or more overnight accommodation.
Deliverables: the deliverables produced by Celtic Harmony for the Customer.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Minimum Booking Requirements: the minimum Order values being as follows:
(a) For a Prehistory Explorer Residential Trip: £3,725;
(b) For a Prehistory Adventure and Go Tribal Transition Residential Trip: £4,380; and
(c) For any Day Trip: £400.
Order: the Customer’s order for Services submitted via Celtic Harmony’s website or in such other form as Celtic Harmony may from time to time allow.
Residential Trip: A visit to the Site which includes the supply of overnight accommodation for one or more night.
Services: the services, including the Deliverables, supplied by Celtic Harmony to the Customer as set out in the Specification.
Site: The Celtic Harmony Camp at Brickendon Lane, Hertford SG13 8NY.
Specification: the description or specification of the Services provided in writing by Celtic Harmony to the Customer being either a Day Trip or a Residential Trip.
(a) A reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email but not fax.
2. Basis of contract
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when Celtic Harmony issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Contract Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by Celtic Harmony, and any descriptions or illustrations contained in Celtic Harmony’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by Celtic Harmony shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
3. Supply of Services
3.1 Celtic Harmony shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2 Celtic Harmony reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Celtic Harmony shall notify the Customer in any such event.
3.3 Celtic Harmony warrants to the Customer that the Services will be provided using reasonable care and skill, that it use reasonable endeavours to ensure that the Site is safe and secure and that its staff will display high standards of behaviour and appearance.
3.4 In the case of bookings for customers engaged in educational services, Celtic Harmony shall provide all Services specified in its confirmation email and in the teacher pack and shall lead appropriate activities for the age, maturity, experience and ability of the child, provided always that no Celtic Harmony staff may be left alone with any child due to safeguarding reasons.
4. Customer’s obligations
4.1 The Customer shall:
(a) ensure that the terms of the Order are complete and accurate and in accordance with the Minimum Booking Requirements;
(b) co-operate with Celtic Harmony in all matters relating to the Services;
(c) provide Celtic Harmony with such information and materials as Celtic Harmony may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(e) ensure that all end-users which it brings to the Site behave responsibly and safely on Site and leave all property and equipment on the Site in good condition and working order (and the Customer shall be responsible for any repair, cleaning or replacement costs reasonably incurred by Celtic Harmony where property and equipment is not so left);
(f) in the case of bookings which involve children:
- (i) Provide appropriate supervision and support for all children and remain responsible for the discipline of all children throughout, including lunch breaks and night-time
- (ii) Provide pastoral care of all children;
- (iii) Provide minimum 1:8 adult: children ratio (not including 1:1 special supervision) due to the ‘hands-on’ nature of work. If this ratio is not respected Celtic Harmony accepts no responsibility for any issues which may arise;
- (iv) Assist and act as positive role model during activities led by Celtic Harmony to facilitate effective learning environment;
- (v) Not allow children to use inappropriate language unchallenged;
- (vi) Ensure all children come suitably equipped for an outdoor trip with sturdy footwear, play clothes, waterproof / hat and packed lunch; and
- vii) Ensure all Health & Safety standards are respected for activities, safety regulations are adhered to and risk assessments prepared and followed for all activities.
4.2 If Celtic Harmony’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, Celtic Harmony shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Celtic Harmony’s performance of any of its obligations;
(b) Celtic Harmony shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Celtic Harmony’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
(c) the Customer shall reimburse Celtic Harmony on written demand for any costs or losses sustained or incurred by Celtic Harmony arising directly or indirectly from the Customer Default.
5. Charges, payments and cancellations: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
5.1 The Charges for the Services shall be as set out in the Order.
5.2 For Residential Trips, a non-refundable deposit of £500 shall be paid by the Customer in cleared funds no later than 5 Business Days after the Contract Date. The deposit shall be deducted from the balance of Charges payable by the Customer but shall not be refundable in any circumstances.
5.3 For Day Trips, no deposit shall be payable by the Customer but the Customer accepts that an administration fee of £30 will become payable under clause 5.4 if the Customer cancels its Order at least 8 weeks before the Commencement Date.
5.4 For both Residential Trips and Day Trips, if the Customer notifies Celtic Harmony in writing no later than 8 weeks before the Commencement Date that it intends to cancel its Order:
(a) For Residential Trips, the Customer will forfeit the deposit (which, if not already paid, will become immediately payable by the Customer); and
(b) For Day Trips, the Customer will be subject to an administration fee of £30 which will become immediately payable by the Customer,
but no further Charges shall be payable and Celtic Harmony will not provide the Services.
5.5 For both Residential Trips and Day Trips, if the Customer does not notify Celtic Harmony in writing at least 8 weeks prior to the Commencement Date that it intends to cancel its Order, the Charges will become payable in full and must be paid (less the deposit, in the case of Residential Trips where a deposit has been paid) by the Customer in cleared funds no later than 3 weeks prior to the Commencement Date.
5.6 Provided that any changes comply with the Minimum Booking Requirements and that such changes are notified to Celtic Harmony no later than 8 weeks before the Commencement Date, the Customer may change the number of end-users which it proposes to bring to the Site. Any addition or reduction in the number of end-users shall (subject to the Minimum Booking Requirements) result in a corresponding amendment to the Charges.
5.7 Late or Failed Payment: If the Customer fails to make a payment due to Celtic Harmony under the Contract by the due date, then, without limiting Celtic Harmony’s remedies under clause 9, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.7 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. Intellectual property rights
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by Celtic Harmony.
6.2 The Customer grants Celtic Harmony a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to Celtic Harmony for the term of the Contract for the purpose of providing the Services to the Customer.
7. Data protection
7.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 7 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
7.2 Without prejudice to the generality of clause 7.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to Celtic Harmony for the duration and purposes of the Contract.
8. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
8.1 References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
8.2 Nothing in this clause 8 shall limit the Customer’s payment obligations under the Contract.
8.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.4 Subject to clause 8.3 (Liabilities which cannot legally be limited), Celtic Harmony’s total liability to the Customer shall not exceed the Charges.
8.5 Subject to clause 8.2 (No limitation of customer’s payment obligations) and clause 8.3 (Liabilities which cannot legally be limited), this clause 8.5 sets out the types of loss that are wholly excluded:
(a) loss of profits.
(b) loss of sales or business.
(c) loss of agreements or contracts.
(d) loss of anticipated savings.
(e) loss of use or corruption of software, data or information.
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
8.6 Celtic Harmony has given commitments as to compliance of the Services with relevant specifications in clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.7 Unless the Customer notifies Celtic Harmony that it intends to make a claim in respect of an event within the notice period, Celtic Harmony shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire one month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
8.8 This clause 8 shall survive termination of the Contract.
9.1 Subject always to the payment consequences set out in clause 5.4, the Customer may cancel its Order by notifying Celtic Harmony in writing of its intention to do so, provided that such notice is received no later than 8 weeks before the Commencement Date. If the Customer does not notify Celtic Harmony in writing at least 8 weeks prior to the Commencement Date that it intends to cancel its Order, the Charges will become payable in full.
9.2 Without affecting any other right or remedy available to it, Celtic Harmony may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
10. Consequences of termination
10.1 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
10.2 If the Customer does not notify Celtic Harmony in writing at least 8 weeks prior to the Commencement Date that it intends to cancel its Order, the Charges will become payable in full.
10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
11.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
11.2 Assignment and other dealings.
(a) Celtic Harmony may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Celtic Harmony.
11.3 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
11.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
11.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 11.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified by the Customer in the Order or to firstname.lastname@example.org for Celtic Harmony.
(b) Any notice or communication shall be deemed to have been received:
- (i) if delivered by hand, at the time the notice is left at the proper address;
- (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
- (iii) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.7(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause 11.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
11.8 Third party rights.
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
11.9 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
11.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.