VALE HOUSE KITCHEN COURSE BOOKING TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 7.2;
(b) Course Booking: your booking for the Course;
(c) Course: the course that We are providing to you as set out in the Course Booking;
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: Vale House Produce Limited, a company registered in England and Wales under company number 8149751 and with our registered office at 107 North Street, Martock, Somerset, TA12 6EJ. Our main trading address is Vales House, Love Hill, Timsbury, Bath, BA2 0EU. Our VAT number is 156637780
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply a Course to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Course Booking form and in these Terms are complete and accurate, before you submit the Course Booking for payment. If you think that there is a mistake or require any changes, please contact Us to discuss.
2.3 When you sign and submit the Course Booking to Us, this does not mean We have accepted your Course Booking for a Course. Our acceptance of the Course Booking will take place as described in clause 2.4. If We are unable to provide you with the Course, We will inform you of this in writing and We will not process the Course Booking.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of a Course Booking, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Course Booking, these Terms will take priority.
2.6 We shall assign a Course Booking number to the Course Booking and inform you of it when We confirm the Course Booking. Please quote the Course Booking number in all subsequent correspondence with Us relating to the Course Booking.
3. CHANGES TO A COURSE BOOKING OR TERMS
3.1 We may revise these Terms from time to time.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before any change is made if they affect you. You can choose to cancel the contract in accordance with clause 8.
3.3 You may make a change to the Course Booking within 30 calendar days of the Course start date by contacting Us. Where this means a change in the total price of the Course, We will notify you of the amended price in writing. You can choose to cancel the Course Booking in accordance with clause 8 in these circumstances.
3.4 If you wish to cancel a Course Booking, please see your right to do so in clause 8.
4. PROVIDING THE COURSE
4.1 We will provide the Course on the date set out in the Course Booking form or as notified to you in the event of a change of date.
4.2 We will make every effort to provide the Course on the date specified. However, there may be delays due to an Event Outside Our Control. See clause 7 for Our responsibilities when an Event Outside Our Control happens.
4.3 We may have to suspend the Course if We have to deal with technical problems, or we do not have enough attendees. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
5. PRICE AND PAYMENT
5.1 The price of the Course will be set out in Our price list in force at the time We confirm your Course Booking. Our prices may change at any time, but price changes will not affect Course Bookings that We have confirmed with you.
5.2 These prices include VAT. However, if the rate of VAT changes between the date of the Course Booking and the date of delivery or performance, We reserve the right to adjust the rate of VAT that you pay, unless you have already paid for the Course in full before the change in the rate of VAT takes effect.
5.3 We will ask you to make an advance payment of 100% of the price of the Course. Your rights to a refund on cancellation are set out in clause 8.
6. OUR LIABILITY TO YOU
6.1 Information provided on Our site about local B&Bs, hotels and other places to stay are for convenience only. Course attendees should make their own decisions as to the suitability of the accommodation. We do not accept any liability regarding the accommodation you choose.
6.2 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 the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they Were contemplated by you and Us at the time We entered into this contract.
6.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 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 or other natural disaster, or failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our provision of a Course to you, We will rearrange the Course as soon as reasonably possible after the Event Outside Our Control is over.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish to provide attend the Course. Please see your cancellation rights under clause 8.
8. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 You may cancel the contract for the Course at any time by providing Us with at least 30 calendar days’ notice in writing. Any advance payment you have made for a Course will be refunded to you.
8.2 You may cancel the contract for a Course with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 7 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
8.3 If you cancel a Course Booking between 30 days and 14 days before the Course start date and We are able to allocate your place to another attendee, a 50% refund will be given. In the event that We are unable to allocate your place to another attendee, no refund will be given.
8.4 If a cancellation is made less than 14 days before the Course start date no refund will be given.
8.5 It is at Our sole discretion to offer a suitable alternative date if you are unable to attend the Course.
9. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 We may have to cancel a Course Booking before the start date for the Course, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Course. We will promptly contact you if this happens.
9.2 If We have to cancel a Course Booking under clause 9.1, We will refund these amounts to you or offer an alternate Course of the same value.
9.3 We may cancel the contract for the Course at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for a Course that has not been provided to you, We will refund these amounts to you.
9.4 We may cancel the contract for a Course at any time with immediate effect by giving you written notice if you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
10. INFORMATION ABOUT US AND HOW TO CONTACT US
10.1 We are a sole trader established in England and Wales. Our address is Vales House, Love Hill, Timsbury, Bath, BA2 0EU. Our registered VAT number is 156637780.
10.2 If you have any questions, comments or complaints please contact Us by calling 01761 470401 or by emailing Us at firstname.lastname@example.org
10.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Vale House Kitchen at Vales House, Love Hill, Timsbury, Bath, BA2 0EU or email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Course Booking.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
12. OTHER IMPORTANT TERMS
12.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
12.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 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.
12.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. 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.