- “Workshop” means the service provided by Edge of Focus to the CLIENT as purchased by the CLIENT and as advertised on www.edgeoffocus.com and www.edgeoffocus.co.uk in accordance with subsections 1.3 and 1.4. Workshops are educational courses that are in some cases inclusive of transport, accommodation and food. They are not holidays or package holidays.
- “CLIENT” means any customer, whether they be a person or a business placing and order with Edge of Focus, or on behalf of whom an order has been placed.
- “BOOKING” means the completed process though which 1) the CLIENT duly fills a registration form/ booking form whether online or paper, 2) sends the required payment to Edge of Focus, 3) receives confirmation that their request is taken into consideration, 4) receives further confirmation via email to the address as given in the booking form that their booking is complete on the dates, times and places stated in the said confirmation.
- “Order” means the act of filling the online or paper registration form/ booking form and sending it to Edge of Focus along with the required payment.
- “Force majeure” means any unusual and/or unforeseeable circumstances beyond the control of Edge of Focus and its employees, such as war, threat or war, riots and civil unrest, terrorism, civil strife, industrial disputes, natural, environmental or nuclear disaster, fire, flood or adverse weather.
- APPLICATIONS OF THE TERMS AND CONDITIONS
- These terms and conditions shall apply to all sales of workshops, courses and expeditions by Edge of Focus to the client with the exclusion of any other terms and conditions except those in accordance with subsection 2.3. There are no promises, obligations, oral or written, expressed or implied, other than those contained herein.
- By sending their booking form, the CLIENT shall be bound by these terms and conditions.
- Any variation to these terms and conditions (Including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by Edge of Focus.
- All bookings for workshops, courses and expeditions shall be deemed to be an offer by the CLIENT to purchase services in accordance to these terms and conditions.
- BOOKINGS AND PAYMENTS
- A non-refundable deposit of the amount stated in the workshop, course and expedition description is required at the time of booking and must be sent to Edge of Focus with the duly completed booking form.
- Receipt of deposit does not imply acceptance of the booking. A confirmation of Edge of Focus’s acceptance of the CLIENT’s booking will be sent in writing/ by email and it is at this time only that a contract comes into existence between Edge of Focus and the CLIENT.
- The balance on the cost of the workshop, course or expedition will be due either 4 or 6 weeks before the workshop, course or expedition starts, this will be stated in the confirmation and displayed on the website. If full payment is not received by the specified dates Edge of Focus reserve the right to treat the booking as cancelled and retain the deposit. If a booking is made less than 4 or 6 weeks prior to departure date, the full cost of the workshop, course or expedition is payable at the time of booking.
- CANCELLATIONS AND AMENDMENTS
- Any cancellations by the CLIENT must be made in writing/ by email. The date on which the letter is received by Edge of Focus will determine the cancellation charges that are applicable. These charges are expressed as a percentage of the total workshop, course and expedition price and are as follows: More than 56 days before departure: Loss of deposit; 56-42 days before departure 50%; 41-15 days before departure 75%, 14 days or less before departure 100%.
- Edge of Focus reserves the right to cancel any workshop, course or expedition. Should an alteration or cancellation become necessary, except in the case of force majeure, the CLIENT will have the choice of accepting the change, taking an alternative workshop, course or expedition (of Identical or lesser value, the difference in price being refunded in the latter case), or withdrawing from the contract and accepting a refund of all monies paid to Edge of Focus.
- Edge of Focus reserves the right to alter any of the prices, services or other particulars of a workshop, course or expedition before entering into a contract with the CLIENT. The CLIENT shall receive appropriate notification of any such alteration before entering into the contract.
- In the event of force majeure occurring whether before departure or during the workshop, course or expedition, no refund shall be payable to the CLIENT.
- Any requirement of a minimum number of participants to a workshop, course or expedition shall be specified in the relevant description, whether online or on a brochure. Such specification is binding to the CLIENT. Shall the minimum number or participants not be met, Edge of Focus reserves the right to alter or cancel the workshop, course or expedition, in the same conditions detailed in Section 4.2.
Edge of Focus aims to provide a safe and educational environment for all of the listed activities.
5.1. Edge of Focus assumes no liability for any act, error, omission, injury, loss, delay, mishap or damage to persons or property arising from any cause during the course of a workshop, course or expedition or in transit thereto, except when this arises from his own negligence.
5.2. By booking with Edge of Focus, the CLIENT acknowledges that there is always an element of risk in any outdoor workshop, course or expedition. Participants must be physically fit and capable of participating in the activity, and are fully and completely aware of any associated risks created by field locations and weather.
5.3. By booking with Edge of Focus, the CLIENT acknowledges that they have read the above information concerning responsibility as well as the workshop, course or expedition specification (including fitness specifications) and release Edge of Focus from any liability. Edge of Focus will assume no liability for injury, illness or loss of personal property or expenses thereof associated with their workshop, course or expedition.
6.1. The CLIENT shall ensure that they arrive on time at the specified airport/ port or specified location for departure. Edge of Focus cannot be held liable for lack of punctuality, delayed or cancelled flights for any reason, or any problem in transit. The workshop, course or expedition commences upon departure with Edge of Focus from the specified airport/ port or specified location.
6.2. Edge of Focus does not accept any liability for any loss or additional expense caused by delay or interruption to travel services for any reason other than Edge of Focus’s own negligence. Such losses or additional expenses shall be the responsibility of the CLIENT.
6.3. It is the CLIENT’s responsibility to ensure they are in possession of a current valid passport and have the correct visa (if applicable) for entry into the countries specified in the workshop, course or expedition description.
7.1. Travel, personal and equipment insurance is not provided by Edge of Focus and must be arranged by the participant. It is the responsibility of the participant to ensure that they have the appropriate type and amount of cover.
7.2. If the workshop, course or expedition takes place in, or travels through any EU countries, it is advised that the CLIENT obtains a European Health Insurance Card.
7.3. Participants must ensure that their relevant insurances cover them for all countries in which the workshop, course or expedition travels in and/ or through.
7.4. Any items of equipment loaned by Edge of Focus to the participant during the workshop, course or expedition, will be the personal responsibility of the participant. Any loss or damage must be paid for by the participant.
8. DISPUTE SETTLEMENT AND MEDIATION
8.1. Any perceived failure in the performance of this contract must be communicated to Edge of Focus on the spot to give both parties the opportunity to achieve a satisfactory solution. Should this not be possible, any concerns should be made known in writing within 28 days of completion of the workshop, course or expedition.
8.2. The agreement is governed by and shall be construed in accordance with, English Law and all proceedings shall be within the exclusive domain of the English legal system, except where Sections 8.3 and 8.4 is applicable.
8.3. Before submitting their dispute to a Court of Law, the Parties may agree to appoint a mediator, as indicated hereafter, to help them find a solution to their dispute.
8.4. The party wishing first to resort to mediation shall give notice to the other party by registered mail, return receipt requested, stating the issue of the dispute and its intention to have the matter mediated. The parties shall agree on the name of the mediator within one month; if within one month of receipt of such notice, the parties fail to agree on the name of a mediator, either party may apply to the President or Deputy President of the Chartered Institute of Arbitrators, for the appointment of a mediator.
Within one month of its designation, the mediator will have to render an advice, which will not be binding upon the parties. This advice shall not be used in further procedures and the documents produced before the mediator together with the advice of the mediator are strictly confidential. The mediator shall not testify or be examined in any way in further procedures.
The fees of the mediation will be shared equally between the parties.
9. BINDING AGREEMENT
9.1. By completing and sending the booking form the CLIENT is accepting all of the above terms and conditions both for themselves and as an authorised agent for any other individuals named thereon, such that all are deemed to be fully aware of, and bound by, the same terms and conditions.