Terms and Conditions
Terms & Conditions of Booking
Ackers Adventure, A charitable company Limited by Guarantee, Company Reg 5239365 Charity Reg 1107240
Registered Office: Ackers Adventure, The Ackers Base Camp, Golden Hillock Road, Sparkbrook, Birmingham B11 2PY
Headings in this Agreement are for guidance and clarification only.
References to The Ackers, Ackers Adventure or The Ackers Trust are synonymous and may mean any or all of those
A. BOOKING & PAYMENT
Any booking made by a client confers agreement to abide by these Terms & Conditions.
All bookings are made on a first come, first served basis. Provisional bookings are not accepted, so all requests for activities,
instructional staff, facility space, programmes or events on a specified date or dates are considered to be firm bookings.
Cancellations with less than the prescribed amount of notice (including late arrivals and inclement weather) will incur
cancellation or curtailment charges. Cancellation, curtailment and non fulfilment conditions are detailed in full in The Ackers
Payment, Deposit and Cancellation Terms, available on request.
The Ackers will endeavour to run and operate all bookings as scheduled. No liability will be accepted in the event of
cancellation or curtailment by The Ackers for any inconvenience, consequential loss, incidental or third party expenses.
4. Prices, Subsidies, Charges & Rates
All Prices, rates, charges and subsidies are reviewed regularly to be competitive with market conditions and in line with our
Charitable Objects. Standard Prices are quoted in literature and will be subject to change from time to time, sometimes without
prior notice. No liability will be accepted for errors, omissions or miscommunication.
The Ackers will endeavour to provide at least one week's notice of all such changes or allow an equivalent hold over period.
Confirmed and fully paid up bookings will be honoured for a period not exceeding 3 months.
Quotations provided for events are valid for up to 3 months, with the exception of bought in or third party costs, which will be
chargeable at the rate prevailing.
5. Operational & Activity specific Guidelines
The Ackers, its employees, agents and servants reserves the right to withhold, withdraw or refuse access to any persons or
organisations, without liability or redress, who it reasonably believes to be under the influence of drugs or alcohol, suffering
from a medical condition or in any other circumstance where it is felt that safety may be compromised, without giving reason.
Operational Guidelines & Procedures, Activity Guidelines, Rules, Codes of Practice or Conduct, Guidance for Visiting Staff,
Clothing Requirements, conditions set out by Governing Bodies and Licensing Authorities and any other Policies in force at the
time are provided to clarify responsibilities, to ensure and enhance the safety of all involved. Clients and Participants attention
are particularly drawn to these as non compliance will also constitute grounds for refusal to provide facilities and services
without any liability for refund or compensation.
6. General Guidelines & Policies
The Ackers has its own Health & Safety, Child Protection & Vulnerable Adults, Equal Opportunities and Emergency Action Plan
Policies, based on current best practise. All clients are expected to comply with these at all times whilst on site, or whilst
undertaking an activity off site.
7. Limit of Liability
All activities are run in accord with National Governing Body, Licensing Authority, Internal and other appropriate Guidelines.
The majority of the activities are recognised to be dangerous activities with an inherent potential risk of injury.
Suitable control measures are in place, which if correctly followed by all participants, aim to reduce the risk of injury. Clients
making bookings and participating in activities are deemed to have accepted these risks with the associated responsibility (the
Duty of Care) for themselves and their actions (including taking all reasonable measures to ensure minors under their authority
or control understand and adhere to these principles and any directions given).
The Ackers will not be liable for any injury, loss or damage to property, clothing or belongings howsoever caused whilst clients,
participants and visitors are using the site or facilities, or are under instruction at an off-site event or activity operated by The
Clients & Participants agree that First Aid may be administered by a qualified First Aider where necessary, without prior
The buildings and Activity areas are designated non smoking areas for reasons of safety and health. All clients are asked to
comply with this and will be asked to extinguish all smoking materials or move on to a non designated area.
C. OPERATIONAL & GENERAL
9. Comments, Complaints and Suggestions
Comments, Complaints and Suggestions are welcomed as part of our continuing strive for improvement. It is our aim to resolve
all issues at the earliest stage possible, whilst maintaining good, consistent standards of safety and practise.
Our Procedure requests that in the first instance any complaint should be brought to the attention of any member of staff on
duty and as soon as possible. The Duty Manager is also there to assist, or if preferred a comments form, (available in all site
buildings) may be completed, and handed in (envelope provided) for the attention of the Manager.
We welcome all requests to undertake promotional publicity as a result of an activity, instruction, programme, event or other
site use and request it is discussed with our Marketing personnel prior to commencing. It should include at least the words "The
Ackers Adventurous Activity Centre, a registered charity". Permission to use logo's, artwork, and photographs must be obtained
11. Photography & Filming
We welcome positive images portraying the work of The Ackers. Due to our Child Protection and other Policies it is essential
that approval is sought prior to the day from the Manager, from whom other useful guidance can be offered. Photos and filming
may be taken and used for the promotion of the Centre.
12. Data Protection
The Ackers is registered under the Data Protection Act 1998 to hold and use information on persons and organisations for the
purposes of Administration, Accounts, Fundraising, Marketing, Realising the Objectives of the Charity and Crime Prevention &
Prosecution of Offenders.
CCTV images are recorded and may be used for the purposes of identification in reduction, prevention and prosecution of
crime and offenders. Images and recordings may be passed on to the Police or other relevant authorities.
Registration with or participation in some National Governing Body (NGB) led activities or programmes may include your
information being passed to that NGB who may contact you with information in connection with their products and/or services;
they will not pass your contact details to third parties without your consent, Please see information on relevant booking and/or
13. Intellectual Property Rights
It is acknowledged that the names "The Ackers", "The Ackers Trust", "Ackers Adventure" and other associated names, their
logos, by-lines, colours, devices, styles, electronic symbols and still or video images remain the intellectual property of The
Ackers at all times.
14. Force Majeure
The Ackers or its agents shall not be liable if unable to carry out any provision for any reason beyond its control including
(without limitation) Act of God, legislation, war, civil commotion, fire, flood, drought, inclement weather, failure of power supply,
equipment failure, actual or threat of explosive device, Landlord's conditions, conditions imposed by Fire, Police or other safety
authority, lockout, strike, stoppage or other action by employees or third parties in contemplation of furtherance of any dispute,
or any other unforeseen circumstance.
15. Notices and General Provisions
Policies and Documents mentioned above are available to view in the Manager's office during normal weekday working hours
It is agreed and declared that this Agreement and the Policies it refers to contain all terms and conditions between the parties
making the booking and The Ackers. Any bookings made on behalf of a third party shall obligate the first party (those booking
activities for others) liable to take all reasonable measures to ensure all other parties know of and comply with these terms &
No changes or alterations to this Agreement will be enforceable unless agreed in writing by the Manager, prior to the booking.
This Agreement shall in all respects be construed as an English Contract subject to the exclusive jurisdiction of the English
Courts. If any of these provisions should be determined unlawful invalid or otherwise unenforceable by reason of law, that shall
not affect the validity or enforceability of any of the remaining provisions.
1. By Clients
For cancellations of bookings there is a scale of charges as set out in the table above. All cancellations (including
inclement weather and client's organisational closures) and requests for transfers of the date of an activity, made
within 48 hours of the booking are charged at the full rate.
2. By Ackers Adventure
The Ackers aims to run all bookings, and other advertised sessions subject to demand.
Where it is not possible to run a session for any reason other than demand we will endeavour to contact all
booked clients with as much notice as available. (We ask for daytime and home numbers for this reason.)
We will offer a mutually arranged alternative or replacement session. A credit or refund may be offered if clients
genuinely cannot re-arrange a date.
The Ackers will not be liable for any incidental or third party costs. Occasionally at quiet times, The Ackers may
alter its opening times to run staff development and training: these will be advertised for at least a week on
notices at the Ski Centre: we also encourage casual clients and visitors to telephone before turning up.
1. By Clients
No refund will be given for activities curtailed by the client for any reason.
2. By Ackers Adventure
No refunds will be given where for safety, inability for clients to meet conditions or other reasons an instructor in
charge or Duty Manager believes the cancellation or curtailment of a session is in the interests of all concerned.
Important: Please read the following document.
It is the responsibility of the parent/guardian/teacher to ensure that the young person/people are made aware of the risks involved in participating in adventurous activities, and that they understand the importance of the following terms.
1. I/they understand and fully accept that participating in outdoor/adventurous activities entails some risk, and that while risks are minimised, accidents and injury may occur.
2. I will ensure that I/they am fully prepared for my activity day, bringing appropriate clothing and footwear for the activities I am participating in and the weather conditions, plus a full change of clothes and any medication I may need.
3. Whilst on Ackers site, or under Ackers instruction, I/they will listen carefully to and abide by all oral instructions and I have read any specific rules for the Activities that I am undertaking. I understand that failure to do so may result in an accident or I/they may not be allowed to participate in the activity.
4. I/they agree to wear all safety equipment provided by Ackers in the manner demonstrated/instructed by Ackers Staff.
5. I/they understand that certain elements of participation in outdoor activities will involve physical challenges.
6. I acknowledge that I am responsible for my own/their behaviour whilst on Ackers site or under Ackers instruction. Offensive, aggressive or disruptive behaviour may/will result in leaving the session, or site.
7. I acknowledge that I am also responsible for my own/their possessions whilst at Ackers. (We advise that valuable possessions are left at home.)
8. In the unlikely event of an accident, or loss or damage to my personal effects, I acknowledge that Ackers will not be liable for any direct or indirect loss, damage or injury arising from or in connection with the activities and I/they waive all and any claims against Ackers in this respect except for death or personal injury caused by negligence.
9. To the best of my knowledge I have declared all medical conditions (including pregnancy) which may make it more likely that I/they be involved in an incident which could result in injury to myself or others OR I will inform the staff at Ackers of any medical condition that may affect my/their ability to take part in any activity or put myself / themselves or other participants at risk.
10. In addition, for parents, guardians or teachers signing on behalf of under eighteen year old participants, I accept that the group leader/organiser is directly responsible for the children between activity sessions, and that they are not supervised by Ackers staff.