Hawkerwood Hovercraft Terms and Conditions

Please find below the Terms and Conditions and Terms of Business for Hawkerwood Hovercraft Ltd, hereafter to be known as "HHL" which sets out guidelines for the way the business is conducted and how this applies to any person or persons, hereafter to be known as either the "Client", "Client's" or "Clients", who pays for any services provided by HLL or uses any information on the HLL website which is currently "www.hawkerwoodhovercraft.co.uk". All Terms and Conditions apply to both Private and Public event bookings unless stated otherwise.

1. BOOKING PROCESS

Bookings can be made by telephone or online via the HHL website. All reservations for private and public events require full payment or an agreed deposit from the Client at the time of booking to hold the date and time requested. Upon receipt by HHL of the required payment by the Client and a final availability check, the Client will receive confirmation of the booking location, date and time together with a receipt of payment. In the event the client does not receive a confirmation email and directions within 1 hour of having made a booking they are requested to contact HHL immediately using either the phone number or email address provided in the Contact section of the HHL website.

2. RESCHEDULES

A Client may reschedule a booking date (subject to availability) up to 14 days prior to the event with no additional charge incurred, with a maximum number of 1 reschedules.

3. CANCELLATION POLICY

A Client's booking prevents others from booking at a specific time on a specific date and is therefore subject to a cancellation fee for sporting activity bookings in line with Regulation 6 of the Distance Selling Regulations issued by the Office of Fair Trading. This means that, once the booking is in place, a Client's right to cancel without penalty ends.

The accepted date of cancellation is defined as when a Client's telephoned or emailed cancellation is acknowledged by email by HHL. Please see the HHL website "Contact" section for the appropriate telephone number and email address. Any reduction in numbers must also be submitted as stated previously in Section 3 and acknowledged by HHL in order to be considered valid. Any changes in participant numbers are subject to the same cancellation charges as stated above in Section 3.

HHL will refund a Client the overall cost of their reservation less the applicable cancellation charges shown in Section 4 for Public Track Day bookings, please see Section 6 for Private Hire cancellation charges.

4. CANCELLATION CHARGES

Bookings cancelled more than 31 days prior to the booked event will not incur a cancellation fee.
Bookings cancelled 8 to 30 days prior to the booked event will incur a cancellation fee equivalent to 25% of the overall booking cost
Bookings cancelled 1 to 7 days prior to the booked event will incur a cancellation fee equivalent to 50% of the overall booking cost
If a Client does not show up at a booked event (hereafter to be known as a "No-Show") then the cancellation fee is 100% of the overall booking charge.

5. BAD WEATHER / UNAVOIDABLE CIRCUMSTANCES AT THE VENUE

HHL reserve the right to cancel an event where conditions at the time and place of the event are deemed to have the likelihood of having an adverse impact on the safety of any HHL employees, Clients or any member of the public. As a guide, an event will usually be cancelled if wind speeds are in excess of 15 mph and/or lightning is seen/expected at the venue location.
If an activity is cancelled by HHL due to bad weather or any other unavoidable circumstances, the Client's booking will be rescheduled to the next mutually convenient date to both the Client and HLL up to 6 months after the original booking date. Should the event be cancelled before 50% of the duration has taken place then a Client will be given an equivalent session free of charge but if more than 50% of the event has taken place then the client will be given 50% off of the price of an equivalent booking within 6 months of the originally booked date.

6. PRIVATE HIRE BOOKINGS

For Private Hire Bookings each person who is to operate a hovercraft will need to undergo a 15 minute safety instruction session by a HHL employee. HHL staff will be in attendance for the duration of any private hire events (regardless of location) to ensure that HHL safety guidelines are adhered to as detailed in Sections 9 and 10. Private hire is available at our venue location or at an appropriate location chosen by the Client provided that proof of the land owner's permission to use the site for the purpose of hovercrafting has been submitted to HHL and that it has been approved as safe and appropriate to use by HHL Staff in advance. The Client also assumes responsibility for any costs associated with securing a venue which has not been supplied by HHL.

7. ARRIVAL TIMES

The Client must be ready to take part in a booked activity at the beginning of the scheduled event. The time stated on the confirmation is the start time and is not the arrival time so please plan travel time accordingly to arrive at least 15 minutes in advance. No participant may take part in any activity without first attending the pre-session safety briefing. If a Client arrives after the start of the safety briefing then the booking will normally be treated as a non refundable cancellation however if all of the other event group members agree to shorten their experience by the necessary time to allow the safety briefing to be given again from whichever point is necessary, then the tardy Client may (at the discretion of the HHL Staff) be allowed to participate. This is necessary to ensure that following events are not impacted. The Client's acceptance of the proviso's stated in Section 7 form part of any booking. Please take arrival times seriously and allow for any possible delays en route to the venue.

8. VENUE LOCATION

HHL operate at a number of different venues and will provide details of the venue being used at the event they are scheduled to attend in addition to providing a Map on HHL website which shows the current location of Public Track Day events (this will not apply to Private events which may be held elsewhere). Where the Client feels it necessary, HHL advises Clients to use the provided venue postcode to generate more detailed directions via an online mapping service (e.g. Google Maps or Mapquest) if required. HHL does not accept responsibility for clients being unable to locate the venue.

9. EXCLUSION FROM VENUE

HHL. has the right, at all times, to refuse participants access to the booked activity at any stage of the booking and remove them from their venue if in their opinion the participants are under the permitted age; are the incorrect height or weight; are unfit to take part in the activity because of physical or mental impairment; be under the influence of alcohol or drugs; have arrived too late to take part in the pre-activity briefing; consider them to be a danger to themselves, other participants or members of staff ; or are displaying aggressive and abusive behaviour (verbal or physical). If any of these occurrences apply, the booking will have been deemed to have been cancelled and no refunds will be provided. There are no exceptions.

10. PERSONAL SAFETY / HEALTH REQUIREMENTS

Whilst HHL activities are as safe as they can be, given the inherent physical dangers of automotive sport, it must be understood that all safety instructions, directions, warnings and any other instructions given by a HHL Staff member must be followed at all times during a Client's time at the venue. Clients must listen carefully to all safety instructions and ensure they are wearing any safety equipment or clothing properly. If in any doubt, a Client must seek further guidance and help from a HHL Staff member immediately. A Client must not attempt to go beyond their capabilities or engage in risky or daring behaviour other than what is involved in the activity itself. A Client undertakes the activity with the full understanding of the risks involved and accepts responsibility for their own safety together with that of any minors for whom they have responsibility other than those determined by HHL relating to equipment and the venue status being in good repair and suitability for an event to run safely. Clients will be asked to sign a disclaimer for themselves or any minors they are responsible for, before taking part in any HHL run activity which will include the mental and physical suitability to perform the activities safely. If a Client is in any doubt about their own or a minor's suitability to take part in the activity, they must check with your GP prior to making any booking (a comparable activity would be Jet Skiing). If a Client refuses to sign the disclaimer at the venue then they will not be able to take part in the event and will be treated as a No-Show cancellation with no refund provided.

11. ACTIVITY DESCRIPTIONS / RESTRICTIONS

HHL endeavour to ensure all activities are described correctly on the HHL website at the time each booking is made. All timings for activities are the total time for the sessions and not an indication of a per person allocation. Clients are deemed to have thoroughly familiarised themselves with the activity description, all restrictions, including height, weight and age restriction (clients must be aged 14 years and above) as detailed on the HHL website before booking the activity. No responsibility can be accepted by HHL for an inappropriate booking if you do not familiarise yourself with all aspects and restrictions of the activity at the venue chosen either via our website or our telephone service before placing a booking. This is your responsibility.

12. COMPLAINTS

If a Client is dissatisfied with the activity experience or has any other complaint about HHL or any other matter in relation to the venue or its performance, then the Client must speak to the activity provider on the day so that HLL can endeavour to resolve the situation. It will not be considered reasonable if the Client has not brought their dissatisfaction to the attention of HHL at the time and then complain later. If the Client takes part in an activity, either the booked activity or a replacement offered by HHL on the day, it is deemed that the Client considers the activity of which they took part in, entirely acceptable and a complaint at a later date is unlikely to be considered. If a Client still is dissatisfied with the resolution offered by HHL at the time the complaint is made, then a further complaint should be submitted by email and will be duly considered by HHL who will endeavour to resolve the matter.

13. REFUNDS

Should the Client be deemed eligible for a refund the absolute maximum amount this will be is the monies paid to HHL for the booked event and will not extend to consequential loss or claimed inconvenience or stress howsoever caused - no exceptions are made in this regard.

14. OFFICE OF FAIR TRADING & TRADING STANDARDS

HHL takes all reasonable measures to comply with the regulations and guidelines as laid down by the Office of Fair Trading and Trading Standards for the services offered.

15. DATA PROTECTION

HHL is a legitimate company registered with Companies House and takes all reasonable measures to comply with the principles of the Data Protection Act 1998. Those principles require that data be:

Fairly and lawfully processed
Processed for limited purposes
Adequate, relevant and not excessive
Accurate
Not kept longer than necessary
Processed in accordance with the data subject's rights
Secure

HHL will never sell any private data to any Third Parties and only passes on data to such parties when necessary (e.g. to verify bank details for payment processing), if you do not agree to this then please do not use our website booking system but rather call us to arrange alternative methods of payment.

16. TRADEMARKS & BRAND NAMES

No one may use the HHL name, domain names or logos for any purpose without the express written permission of HHL. Any unlawful use of HHL brands will be dealt with by law.

17. TERMS

All bookings will be subject to these same terms and conditions without exception. All clients will have deemed to have made themselves aware of these Terms & Conditions and will have accepted them in their entirety and without exception as part of their booking with HHL. No verbal or other communication overrides these terms and conditions in any respect whatsoever.

18. SEVERABILITY

All of the provisions, clauses and paragraphs in these Terms and Conditions should be read and construed independently of each other. If any provision, clause or paragraph in these Terms of Business is held to be invalid or unenforceable such provision, clause or paragraph will be struck out and the remaining provisions, clauses and paragraphs will remain in force.

19. STATUTORY RIGHTS

The Clients statutory rights are not affected.

20. JURISDICTION

These Terms and Conditions are subject to the laws of England, Scotland and Wales and the Client agrees to submit to the jurisdiction of the courts in area in which they are domiciled.

21. FORCE MAJEURE

HHL will not be liable for any delay or failure to carry out any of its rights, duties and responsibilities under these Terms and Conditions if the delay or failure is caused by circumstances outside of the control of HHL, including, but not limited to acts of god, war, civil disorder or industrial dispute.

22. WAIVER

Failure by HHL to enforce any of its rights under these Terms of Business is not to be regarded as a waiver of those rights unless the waiver is confirmed in writing. If HHL decides to waive any of its rights under these Terms of Business, this will not inhibit HHL from enforcing those rights at any or all times in the future.