TERMS & CONDITIONS
PLEASE CONTACT US IF YOU WISH TO DISCUSS AN ISSUE
Terms and Conditions for Tree House Trek locations in England; These Terms and Conditions constitute an agreement between Tree House Trek Limited (hereinafter called “Tree House Trek”) and the Customer (hereinafter called the “Customer”) using the products or services of Tree House Trek.
1. Definitions
2. When might we have to postpone or amend your booking?
3. The Participation Form
4. Reservations
5. Booking Options, Payments and Guarantee
6. Payment
7. Vouchers
8. Packages
9. Amending or Cancelling your Booking
10. Promotional Codes
11. Prices Quoted
12. What's included in the price?
13. What isn't included?
14. Concession / discount requirements
15. Late Arrival
16. Reprography
17. Children
18. Accessibility
19. Pet animals
20. Alcohol and non-prescribed drugs
21. Insurance
22. Our liability if you are a Consumer
23. Our Liability if you are not a Consumer
24. Losses
25. Reserved Rights
26. Events outside of Our control
27. Complaints and Disputes
28. General Matters
29. Personal Data
30. Winter Operating
1. Definitions
“Adventure” – means any of our activities which we offer on any of our Sites from time to time.
“Participant” – means a person who is booked to participate in any of our Adventures by virtue of a Booking.
“Booking” – means a booking made by you for any of our Adventures, inclusive of admission fees.
“Designated Location” – means the location of the start of the relevant Adventure.
“Participating Adult” – means an adult who accompanies any child or children and actively participates in an Adventure. For the avoidance of doubt, a Supervising Adult can also be a Participating Adult.
“Participation Form” – means the Acknowledgement of Risk and Conditions of Participation Form which must be signed by all Participants before taking part in an Adventure.
“Promotional Offers” means any special offers we may advertise or offer from time to time in connection with any of our Adventures.
“Site” – means the site on which an Adventure takes place and “Sites” shall mean all or (where the context requires) any of them.
“Supervising Adult” – means an adult or adults who accompany any child or children to any of our Sites.
“Terms” – means these terms and conditions as amended by us from time to time.
“Website” – means our website www.treehousetrek.co.uk.
These Terms apply to any Booking.
These Terms constitute an agreement between Tree House Trek Limited (company registration number whose registered office is situated at; Tree House Trek, Meadow Edge, Belper, DE56 2DA (“Tree House Trek/us/we”) and the person or firm who is making the Booking or participating in the Adventure/s (the “Customer/you”) and will apply to any Booking you make (Agreement).
Our Terms include important information about our Adventures including any restrictions on who can or cannot take part in them. Give them a good read!
If you or any Participant suffers from any pre-existing medical condition, we recommend that you contact us before booking to ensure it does not preclude you from participating in any of our Adventures. Failure to do so may mean you or the relevant Participant cannot take part and no refund would be payable by us.
You acknowledge that you have read all these Terms (including the important bits) and you agree to make sure all Participants are aware of and have accepted these Terms.
Please note, by booking or participating in any of our Adventures you accept and agree to be bound by these Terms.
If you are not a consumer you:
(i) agree that these Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter; and
(ii) acknowledge in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
Restrictions on our Adventures
Can you participate in our Adventures? Please check details on our restrictions and medical restrictions before completing your booking.
https://www.treehousetrek.co.uk
2. When might we have to postpone or amend your booking?
a. We are committed to ensuring your safety and complying with Health & Safety legislation. This means that there may be times where weather conditions mean some of our Adventures are not safe to take part in. If in our absolute discretion, we decide to amend weight restrictions at any time on the day of the booking. We may also communicate any cancellations to you via e-mail or SMS using you’re your e-mail address and or mobile phone number provided during the booking process. If your booking is delayed due to weather and that delay does not exceed 2 hours from your original booking time, then a refund cannot be requested.
If we do amend weight restrictions or advise you that the weather conditions make your Adventure booking unsafe to fulfil, you can:
(i) ask for a refund (subject to Condition 2(b) below); or
(ii) you can re-schedule your Booking within 6 months of the date of the Adventure you originally booked; or
(iii) subject to availability (and in accordance with these Terms), change the Booking to another of our Adventures up to the same value of your original Booking.
b. If you would prefer a refund, you must claim it within 14 days of the date of the cancelled Adventure. To claim a refund, be sure to follow these steps (otherwise we won’t be able to give you the refund):
(i) send us an email to treehousetrek@gmail.com;
(ii) the subject line of the email must be “Refund Request”;
(iii) include your full name and the Booking reference number; and
(iv) make sure you request it within 14 days of the date of the cancelled Adventure!
c. If you don’t claim a refund within 14 days, you must re-schedule your Booking within a period of 6 months in accordance with Condition 2(a)(ii) above otherwise you will forfeit your Booking.
d. If we have to permanently cancel your Booking and we cannot offer you an alternative there will be no penalty or administration charge and a refund in full (if applicable) will be made within ten (10) working days of us notifying you of the cancellation. No other compensation consequential losses or any other losses will be payable to you.
3. The Participation Form
Every Participant is required to sign a Participation Form. If any Participant does not sign a Participation Form, or does not comply with any of the terms set out in the Participation Form, it may result in that Participant being prohibited from taking part in the Adventure concerned. If this happens, no refund will be paid and we will not be liable for any compensation, consequential losses or any other losses arising. You are able to request from us a copy of this form in advance of attending the adventure by contacting our team on 01332 416641.
4. Reservations
We recommend you make advance reservations to avoid any disappointment. You can make these reservations through our Website www.treehousetrek.co.uk or directly with us via our telephone booking line 01332 416641
5. Booking Options, Payments and Guarantee
a. If you book directly with us online, then we will ask for your credit or debit card details to complete the purchase and a “booking confirmation email” will be created and sent to you. Full payment inclusive of admission fees will be debited and your account statement will identify the transaction as “www.treehousetrek.co.uk”. Don’t worry though, this payment gateway is provided by stripe which is a SSL secure gateway.
b. If the Booking is made directly with us by any means other than online, credit or debit card details will be requested to complete and / or guarantee the reservation. Telephone bookings will incur a non-refundable.
c. Where payment has not been completed we may (at our discretion) provisionally reserve the place but reserve the right to re-allocate it if another Customer requests and secures the booking by payment. If this happens, we will notify you and give you the opportunity to complete the payment immediately.
d. If you are a consumer, you can only book one of our Adventures if you are at least 18 years old.
e. If you are not a consumer, you confirm you have authority to bind any business on whose behalf you are making a booking.
f. We do not store any payment processing details, however our payment partners may retain your details in line with their terms and conditions for the purposes of providing refunds and answering payment related queries. For further details of how payment details are processed, please contact our team either by phone on 01332 416641 or via email at treehousetrek@gmail.com and we will be able to direct you to the relevant processing partner.
6. Payment
Full payment includes your admission fee and therefore must be made before you start your Adventure. We do not accept cheques as a form of payment.
7. Vouchers
Vouchers bought directly from us are valid for adventures taking place up to 12 months from the purchase date and/or until the date printed on them. They cannot be redeemed after that date. Adventure vouchers include the admission fee and participation in the adventure.
In order to provide vouchers, it is necessary that we ask you for personal details of the person placing the order as well as any individual who will be redeeming the voucher. This is to allow us to generate and send vouchers. The data captured for this purpose may include but is not limited to Name, Address and Contact Details. This data will never be used for any reason other than processing your voucher order and/or communicating with the person redeeming the voucher and will never be shared with a third party without your knowledge.
Vouchers bought via a booking agent will be governed by the agent’s terms and conditions.
Vouchers cannot be replaced if lost, stolen or destroyed. Keep them safe.
Vouchers are not refundable and cannot be exchanged for cash or other denominated vouchers
If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a card payment. If it is less, then change cannot be given.
Vouchers cannot be used in conjunction with any special promotions, discount tokens, coupons or cards.
8. Packages
Package promotions are not to be used in conjunction with any other offer. Bookings made as part of a package are inclusive of admission fees.
Adventures booked within a package must be scheduled within 30 days of one another.
If one or more products in a package are cancelled by you at any time, the remaining Adventures will be charged at the single Adventure price.
If one or more of the Adventures are postponed by Tree House Trek, the refund option of that Adventure will proportionate to the discounted package price.
Eligibility for a refund or postponement is subject to the conditions set out in Clause 2
Following the booking of a group package, if numbers reduce below those required for this group discount, the price will be recalculated to reflect this.
9. Amending or Cancelling your Booking
a. Individual booking amendment requests 7 days prior to the adventure may, at our absolute discretion, be amended or postponed.
b. Group bookings of 6-15 Participants may be cancelled or amended after the giving of at least 14 days’ notice of cancellation or reduction of numbers.
c. Group bookings of 16 or more Participants may be cancelled or amended after the giving of at least 28 days’ notice of cancellation or reduction in numbers.
d. Deposits paid for group bookings are non-refundable except in the circumstances outlined in Condition 26.
e. In Conditions 9(a), (b) and (c) above the time limits referred to relate to the original Adventure booking date. Once an Adventure date has been amended or cancelled then you cannot further amend or cancel the adventure date and the provisions relating to refund or further amendment will not be available you.
f. Discounts or booking tariffs may vary but are based on minimum group sizes. In the event that minimum group size is not achieved then the relevant pricing tariffs will apply.
g. Refunds for peak and off peak pricing if the customer postpones; If the customer postpones and wants to reschedule to a peak session they will need to pay the additional charge to upgrade. If the customer postpones and re-schedule to an off peak session they will not be refunded the difference between peak and off peak.
h. Booking fees are non-refundable
10. Promotional Codes
Promotional codes can be withdrawn at anytime.
Promotional codes cannot be used in conjunction with other offers, promotions, discounted products, packages, vouchers or events.
11. Prices Quoted
a. Prices quoted will be current at the time of your Booking and include admission fees. Tree House Trek operates a dynamic pricing model and prices are subject to change at our absolute discretion.
b. The price of your Booking will not be subject to any change but if you seek to amend your booking in accordance with Clause 9 above and the prices have increased since you made your Booking, you will be required to pay the difference in price.
12. What’s included in the price?
The price will include the Adventure, admission fees, all necessary equipment, public liability assurance and VAT.
13. What isn’t included?
The price doesn’t include personal insurance, snacks, lunch, beverages, optional adventures and excursions, gratuities and any other items not specifically mentioned as being included.
14. Concession / discount requirements
As a general rule, bookings will be accepted on the basis of information supplied by you at the time of booking. However, at our discretion, proof of any concession entitlement may be requested at any time during fulfilment of the Adventure booked. Failure to produce required evidence upon request may result in the concession / discount being withdrawn and payment being requested amounting to a difference between that which has already been paid and the full published price.
Promotional discounts and offers cannot be redeemed against ticketed experiences such as; House halloween
15. Late Arrival
a. In the interests of others we operate a strict timekeeping policy.
b. All Participants in your party must arrive at the relevant designated location at least fifteen (15) minutes prior to the Adventure commencement time. We will endeavor to get you back to the adventure finishing point within fifteen (15) minutes of the scheduled finish time but cannot guarantee this due to Adventure delays or other circumstances beyond our control.
c. Failing to arrive at or before the scheduled time will not entitle you to a refund. There will be no compensation paid for consequential losses, lost or additional travelling expenses or other expenses of a similar nature.
16. Repography
a. Our Sites may have surveillance camera systems installed. During your visit your image may be captured by one or more of these devices. By visiting our Sites you accept that you may be filmed
b. Video reprography is a service that may be offered. Tree House Trek do not accept any liability if this service cannot be provided for whatever reason. In such circumstances no refund will be given nor compensation paid. Data provided at experience check-in, including your e-mail and mobile phone number, may be used, for the purpose of providing you with the video of your adventure
c. Many of our visitors will also be capturing video and photographs whilst on site whether by the use of our headcams or personal devices around our sites. By attending our site, you understand and accept that we are not responsible for the use of any images of you that may be captured in this way.
17. Children
Supervision is required for children under 18 years of age, please see individual adventures for more information.
18. Accessibility
a. Unfortunately we are currently unable to offer special or modified Adventures to accommodate disabled Customers requiring a wheelchair or other such mobility assistance and / or special access across all of our Adventures and Sites. More information on how Tree House Trek aims to accommodate those with accessibility requirements can be found at https://www.treehousetrek.co.uk/medical-restrictions. Please check this detail before completing your booking or contact us on 01332 416641 to discuss your requirements.
b. We reserve the right to decline participation in any Adventure on any of our Sites on the basis of a pre-existing medical condition which must be disclosed to us in the Participation Form or (if earlier) at the time of the Booking.
19. Pet animals
Pet animals are permitted on our Sites with the exception of any of our Sites which are located underground. However pet animals must at all times remain under the control of the owner or person accompanying them. If any of our operatives or employees in their absolute discretion direct that pet animals must be removed from the any of our Sites then you must comply with this request which may be made on the basis of lack of control, animal welfare or hygiene.
20. Alcohol and non-prescribed drugs
The consumption and use of alcohol and non-prescribed drugs is strictly prohibited on all our Sites at all times. We reserve the right to refuse admission to any person who is considered to be under the influence of alcohol or non-prescribed drugs. Smoking is not permitted at any time when our equipment is being used.
21. Insurance
Tree House Trek has appropriate public and employer liability insurance. Personal insurance against injury, theft, loss or any other event is not included and you must arrange for such cover, if required, to be in place.
22. Our liability if you are a Consumer
This condition 23 only applies if you are a consumer.
a. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into an Agreement.
b. We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective products under the Consumer Protection Act 1987.
23. Our Liability if you are not a Consumer
This condition 24 only applies if you are a business customer.
a. Nothing in these Terms limits or excludes our liability for:
(i) death or personal injury caused by our negligence.
(ii) fraud or fraudulent misrepresentation.
(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(iv) defective products under the Consumer Protection Act 1987.
b. Subject to condition 24(a), we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
(i) any loss of profits, sales, business, or revenue.
(ii) loss of business opportunity.
(iii) loss of goodwill; or
(iv) any indirect or consequential loss.
c. Subject to condition 24(b), our total liability to you in respect of all losses arising under or in connection with an Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Adventures purchased.
d. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Adventures. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Adventures are suitable for your purposes.
24. Losses
a. Tree House Trek is not responsible for and accepts no liability for any loss or damage caused to any vehicle belonging to you or any member of your party or to the contents therein when the vehicle is parked on any of our Sites.
b. If you or any Participant deposits personal possessions, items of clothing or any other property with an employee or a third party on any of our Sites then they do so at their own risk and Tree House Trek will not be responsible for any loss or damage to these items however caused. As you will be participating in physical activity, we can not accept liability for any damage to any items of clothing, footwear etc.
25. Reserved Rights
Cancellation:
Tree House Trek reserves the right to cancel bookings. Reasons for cancellation may include, but without limitation:
Violent, racist, verbal or sexual abuse towards any person on any of our Sites;
Failure to comply with the laws of England and Wales;
Refusal or failure to complete the Acknowledgement of Risk and Conditions of Participation form;
Refusal or failure to provide suitable evidence of ability to partake in any Adventure;
Refusal or failure to pay the correct fee for an Adventure;
Refusal to supply medical evidence or suitability to partake in an Adventure;
Refusal or failure to pay the correct fee for an Adventure/admission;
In the event of cancellation or postponement of an Adventure by Tree House Trek the provisions relating to cancellation and amendment which are available to the Customer under the provisions of Condition 7 ante will not apply to cancellation or amendment by Tree House Trek in the circumstances envisaged by this Condition.
Provisional Bookings:
Tree House Trek reserves the right to re-allocate an unsecured Booking at any time.
Changes to These Terms:
We reserve the right to make alterations or changes to these Terms at any time ensuring that the Customers of existing bookings will receive the latest copy of the Terms prior to participating in an Adventure. Should the revised Terms be unacceptable to a Customer who has pre-booked the booking may be cancelled without penalty or administration charge.
26. Events outside of Our control
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 26(b).
b. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
c. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
(i) we will contact you as soon as reasonably possible to notify you; and
(ii) our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
27. Complaints and Disputes
Any disputes or complaints must be brought to the attention of Tree House Trek in writing within fourteen (14) days from the occurrence which gave rise to the complaint / dispute. On receipt Tree House Trek will respond within 14 days in writing. Tree House Trek will endeavor to investigate and resolve such a dispute or complaint without involving third parties. In the event of a complaint or dispute not being satisfactorily resolved both Tree House Trek and the Customer hereby agree that the dispute will be settled and determined by arbitration pursuant to the laws of England and Wales under the provision of the Arbitration Act of 1996.
28. General Matters
a. We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms.
b. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
c. Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.
d. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
e. If you are a consumer, please note that these Terms are governed by the law of England and Wales. This means an Agreement for a purchase of through our site and any dispute or claim arising out of or in connection with it will be governed in accordance with the law of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
f. If you are a business, an Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
g. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Agreement or its subject matter or formation (including non-contractual disputes or claims).
29. Promotional Offers
Where you have made a Booking for any of our Promotional Offers, the following provisions shall apply:
All Promotional Offers are subject to availability.
Promotional Offers are non-transferable, not for resale, and not redeemable for cash.
Promotional Offers only apply to the specified product or products.
Promotional Offers cannot be used in conjunction with another offer.
Promotional Offers are valid until the date specified.
Tree House Trek reserves the right to withdraw a Promotional Offer at any time.
30. Personal Data
In order to provide our adventures, we collect data about individuals, usually within a business context. We treat all data which identifies an individual or when combined with any other information can identify an individual as personal data.
Unless otherwise stated at the time of collection, we will be defined as the ‘Controller’ of the personal data you provide to us. This means that we control what happens to and what is done with this data that is in our possession.
We collect various personal data which may include but is not limited to name, address, email, phone number, age, vehicle registration, IP address, medical conditions and allergies along with any other information relevant to your booking. We will never collect any data from you that is not required to provide your adventure or for a legal obligation. It may also be necessary to collect additional details from you should an accident occur whilst on site. These details will be retained in line with our obligations under UK law and our insurances. The required retention periods for this data varies depending on the individual as below;
Details of incidents involving minors may need to be retained for up to three years following their 18th birthday.
Details of incidents involving adults will be retained for no longer than 5 years following the incident.
We will endeavor to provide details of any processing including any third parties that may have access to your data and the location of the processing whenever we ask you to provide information.
Personal data that we process directly is typically managed through our relationship management system which is located in the UK and all data may be accessible to our system support partner, Fusemetrix. In addition, we use third-party software to help manage our records and stay in touch. Details of this software will be given where appropriate when we collect information from you. Should you have any questions about how we handle your data or wish to update any information that we hold about you, please get in touch with us either by phone on 01332 416641 or via email at treehousetrek@gmail.com
31. Winter Operating
During the winter, daylight hours impact the availability of our adventures
Where delays occur during operation, this may mean you finish your adventure in low light, which in turn may affect the functionality or quality of our head cam footage
We will always endeavour to ensure you can complete your adventure in these situations, where it is still safe to do so.