TERMS AND CONDITIONS FOR ACCOMMODATION, ACTIVITIES AND CONFERENCE FACILITIES
PLEASE NOTE 1. At least two adults MUST remain at the Centre with activity groups under the age of 18.
PLEASE NOTE 2. Final numbers for activity/residential groups MUST be given to the Centre 1 month prior to booking date along with the balance or total amount due (if no deposit has been paid) must be paid at least 1 month prior to your stay or event.
No changes can be made 14 days prior to your arrival.
PLEASE NOTE 3. For group bookings for accommodation, activity packages or conference packages a 20% deposit must be paid before any booking can be considered firm. If for any reason we are unable to accept the booking, the deposit will be refunded. Failure to pay a deposit could result in the requested date(s) being allocated to another customer.
PLEASE NOTE 4. Cancellation must be in writing, i.e.letter or e-mail. The date of effective Cancellation will be the date postmarked for a letter, or the date of receipt of an e-mail. Cancellations are subject to the following charges:
- More than 6 weeks before commencement date: loss of deposit only
- Less than 4 weeks before commencement date: 100% of total cost
Activity, Accommodation and Conference Packages
Terms and Conditions
1.1 These are the terms and conditions (the “Terms and Conditions”) which apply to your booking at Fairburn Activity Centre, Fairburn Conference Centre or Fairburn Lodge regardless of how the booking was made.
1.2 Fairburn Activity Centre, Fairburn Conference Centre and Fairburn Lodge are operated by Fairburn Activity Centre Ltd (referred to here as “we”, “us” and “our”).
We are registered in Scotland under company number 378215 and with our registered office at Fairburn Activity Centre, Fairburn, Muir of Ord, IV6 7UT.
Our VAT number is 104771237
1.3 When we refer to “you” and “your” we mean the user of the Website and/or anyone requesting a booking.
1.4 If you have any questions about the Terms and Conditions or the Website, please contact our Managing Director on 01997433397. If you have any questions regarding your booking then please contact us directly.
2.1 When you request a booking via the Website, email, over the phone or otherwise it does not mean that your request has been accepted. Your request constitutes an offer to us to accept a booking. All requests are subject to acceptance by us, and we will confirm such acceptance to you by issuing you with an invoice number. The contract between us (the “Contract”) will only be formed when we issue you with invoice number and will be governed by these Terms and Conditions.
2.2 The Contract will relate only to the booking associated with the invoice number. We will not be obliged to supply any services or accommodation which may have been part of your request until the acceptance of the booking has been confirmed with the issue of an invoice number.
2.3 Any party that is not a party to the contract between us does not have any right to enforce any of these terms or conditions.
3.1 For group bookings for accommodation, activity packages or conference packages a 20% deposit must be paid before any booking can be considered firm. If for any reason we are unable to accept the booking, the deposit will be refunded. Failure to pay a deposit could result in the requested date(s) being allocated to another customer.
3.2 Confirmation of final numbers and the balance or total amount due (if no deposit has been paid) must be paid at least 1 month prior to your stay or event.
3.3 Cancellation must be in writing, i.e.letter or mail. The date of effective Cancellation will be the date postmarked for a letter, or the date of receipt of an e-mail. Cancellations are subject to the following charges:
- More than 6 weeks before commencement date: loss of deposit only
- Less than 4 weeks before commencement date: 100% of total cost
3.4 We accept, BACS, cash, cheques and all major credit and debit cards. We do not accept foreign currency. If you wish to pay by cash you must provide proof of your identity and address for security reasons, on arrival at the hotel, in the form of either your driving licence, or your passport and a current bank statement or utility bill.
3.5 All payment card data that we process, store or transmit adheres to the Data Security Standards as defined by the Payment Card Industry.
3.6 For residential school/youth groups at least two adults MUST remain at the Centre with activity groups under the age of 18.
3.7 We are licensed by the Adventure Activities Licensing Authority (AALA) and thus must adhere strictly to the terms of that license. Therefore we reserve the right to modify programmes and activities if we feel it is necessary to do so to meet the terms of that license.
4.1 Unless as part of a pre-booked package or otherwise stated in any correspondence between us or notified by us to you, lunch and dinner are not included.
4.2 Our rooms may vary in character, size and in the number of guests that can be accommodated. It is your responsibility to verify the details of a room when you request a booking to ensure that it meets your requirements.
4.3 Some of our rooms are suitable for guests with disabilities. If you or any member of your party require special facilities please advise us when you request a booking.
4.4 Fairburn Activity Centre is in accordance with the law strictly non smoking. This policy includes all rooms. In the event you or any member of your party smoke in your room or in the hotel we reserve the right to charge you £100.00 for specialist cleaning to make the room fit as a non smoking environment. We have the right to ask any Customer who is found smoking on the hotel’s premises to leave the hotel.
4.5 If you, or any member of your party, damage any bedding or linen, we reserve the right to charge you £50.00 for specialist cleaning.
4.6 If you or any members of your party cause any damage to the interiors, room interiors or soft furnishings, we reserve the right to charge you for the cost of repair of any such damage.
4.7 All items and furniture in your room is the property of Fairburn Activity Centre. We reserve the right to charge you the full replacement cost for any item or piece of furniture removed from your room.
4.8 Room keys must be left at reception upon departure; if they are lost the Customer will be charged £25.00.
4.9 For hen and stag parties, a deposit of £200.00 will be requested and returned after departure if no damage to property or disturbance to other hotel’s guests has occurred.
5.1 With the exception of assistance dogs, no pets are allowed at Fairburn Activity Centre.
6.1 You are expected to conduct yourself at all times in an orderly and acceptable manner and not to disrupt the quiet enjoyment of other guests. We reserve the right to immediately terminate your booking and the booking of any members of your party if we (acting reasonably) deem your conduct to be in breach of this clause.
6.2 Conduct that we reasonably consider inappropriate and in breach of clause 6.1 includes but is not limited to:
(a) creating an inappropriate level of noise;
(b) drunken or unruly behaviour; and/or
(c) any behaviour which other guests or staff find offensive in any way.
(d) failure to adhere to instructions from an Activity Instructor
We will at all times act reasonably when making any determination under this clause 6.2.
6.3 In the event that we terminate your booking pursuant to clause 6.1, you will be required to leave your accommodation immediately. You will be held liable for any damage or loss caused by you or a member of your party. Full payment for any such damage or loss must be paid prior to your departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
6.4 Our obligations to you come to an end when the booking is terminated pursuant to clause 6.1. We will have no obligation to refund you for lost accommodation and we will not pay for any expenses or costs incurred as a result of the termination.
7.1 We try to make sure that all information on our website, including descriptions of our accommodation and activities, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if we think that such an error has affected your request and/or Contract with us we will inform you as soon as reasonably possible.
7.2 You will then be given the option of re-confirming your booking with the correct information or cancelling your booking.
7.3 If you decide to cancel your booking after we have informed you of a pricing error and you have already paid for the booking, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
8.1 Our entire liability for losses you suffer under these Terms and Conditions is strictly limited to the price of the Contract.
8.2 We will not be liable to you for any indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of enjoyment;
(f) loss of opportunity;
(g) loss of data; or
(h) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.3 Despite the limitations in paragraphs 8.1 and 8.2 above, we do not in any way limit our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.1 Where you buy as a consumer, these Terms and Conditions will not affect your rights under law which cannot be otherwise excluded. For more information contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).
10.1 We will not be responsible for any delay or failure to comply with these Terms and Conditions if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism, utilities supply failure or malicious damage to or destruction of our premises, equipment or goods.
11.1 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms and Conditions.
12.1 In the event that one or more of the terms set out in these Terms and Conditions is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
13.1 Personal information, such as your contact details, that you provide to us during the booking process will be kept and used by us in accordance with our privacy policy
14.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
15.1 We reserve the right to change the Terms and Conditions at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities
15.2 Any changes to the Terms and Conditions will be effective for all bookings made under Contracts entered into after the change is published on the Website.
You should check the Terms and Conditions posted on the Website before each booking – they may have changed since your last visit.
16.1 All Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.