OFF ROAD WALES LIMITED

1. The intention of these terms and conditions is to ensure you are fully aware that your and/or the Delegates participation in the Off Road Wales Limited "All Terrain Leisure Pursuit " (hereafter referred to as the ATLP) is to an extent at your/their own risk and unless this document says otherwise, neither Off Road Wales Limited or its employees, servants or agents will have any responsibility to you or anyone else claiming loss howsoever caused.

2. Where bookings are made via the Internet, telephone or fax transmission the delegate(s) as defined in 3. (b) below shall be deemed to have read the terms and conditions herein before making the booking and the making of the booking by any of the aforementioned methods shall be deemed to be an acceptance of the terms and conditions without reservation and as if the delegates had made the booking by signature confirmation of the acceptance of the said terms and conditions.

3. Definitions:

1. The ATLP is an Off Road pursuit in a Four Wheel Drive Vehicle (4x4 vehicle) and the location of the ATLP shall at all times be at the sole discretion of Off Road Wales Limited and/or its servants and agents
2. Delegate(s) shall be taken to mean and shall include drivers (driver delegates) passengers, spectators and children between the ages of 12 and 18 years of age who have been introduced to the ATLP by the person making the booking whether by the Delegate(s) or on the Delegate(s) behalf

4. The Pre-Conditions

 You confirm that all driver delegates shown overleaf: -

1. are not under the age of 25 years old;
2. hold a full driving licence and have done so for at least the last 12 months;
3. have not been convicted of any offence involving dangerous, or careless driving;
4. are not disqualified from driving and do not know of any circumstances which would disqualify them from driving;

You also confirm that:

5. all delegates as defined in 3. (b) above are not currently suffering from any pre-existing physical or mental condition which could be inflamed by virtue of their participation in the ATLP and that none of the delegates as defined in 3.(b) above are suffering any pre-existing condition which may restrict or impair their movement, alertness or driving ability and of which you have not informed us;
6. are not over 6ft 4' in height, are not under 5ft 0' in height and are not heavier than 18 stone and do not suffer from a nervous disposition which may cause him/her to panic;
7. no children are under the age of 12 years will be introduced as delegate(s);
8. all fees payable to Off Road Wales have been paid or will be paid in full not less than 14 days before the agreed date for participation in the ATLP;
9. that all delegates will remain in the vehicles at all times unless they are expressly requested, advised, or instructed to leave the vehicle(s) by Off Road Wales Limited, its servants or agents. Where no instruction is given, that shall mean and shall be taken to mean that Delegates must remain in the vehicle(s) unless and until expressly requested, advised or instructed to do otherwise by Off Road Wales Limited, its servants or agents;
10. meet or will meet all the terms, conditions and obligations shown above and below.

5. Delegate Obligations

1. While attending the ATLP , the delegate(s) will at all times follow our lawful instructions and any other notified relevant rules.
2. The Delegate(s) will not at any time whilst attending the ATLP be under the influence of alcohol or any drugs which may impair alertness and driving ability and will behave in a safe, appropriate and prudent manner.
3. The Delegate(s) will at all times exercise the necessary high degree of care and attention while participating in the ATLP and will not leave the vehicles unless expressly requested, advised or instructed to do so by Off Road Wales Limited, its servants or agents and for the avoidance of doubt 4. i above shall be expressly taken to be repeated herein.
4. The Delegate(s) will be responsible for the safekeeping of any personal property (e.g. cameras) taken to the ATLP noting that the use of cameras on Off Road Wales Limited property may be controlled.

6. Rights

1. Without prejudice to 6.(f) below, where fees in full have not been paid at least 14 days prior to the agreed date for participation in the ATLP the booking will be cancelled at our discretion without notice and any fees paid in part will be refunded less £50.00 per head administration and booking fee and the ATLP for the agreed date will be re-advertised as available to other delegates.
2. We may, at our sole discretion and at any time, decline or terminate your attendance at the ATLP in the interests of safety or otherwise.
3. We reserve the right to amend or terminate the ATLP in total or in part, without prior notice.
4. Save for force majeure Off Road Wales Limited will refund the whole of any monies paid by the delegate(s) in circumstances where the ATLP is cancelled or terminated in whole by Off Road Wales Limited through no fault of the Delegate(s) but for the avoidance of doubt force majeure shall include adverse weather which in the opinion of Off Road Wales Limited its servants or agents has made or is likely to make the ATLP a danger to delegates and/or the general public and/or the servants or agents of Off Road Wales Limited.
5. Where an ATLP is terminated in part for whatever reason, no refund shall be made in any circumstances save that and at the sole discretion of Off Road Wales Limited the time lost may be made up by Off Road Wales at such time and at such place as Off Road Wales Limited at its sole discretion deems fit.
6. Without prejudice to 6 (a) above, where a delegate as defined in 3. (b) above cancels his, her or their attendance not less than 7 days (fees paid in full) before the agreed date for participation in the ATLP the delegate shall be entitled to a full refund less £50.00 per head administration and booking fee.
7. Where a delegate as defined in 3. (b) above cancels his, her or their attendance less than 7 days before the agreed date for participation in the ATLP no refund will be made whatsoever.

 7. Children

1. Children under the age of 18 years old are only allowed in the vehicles as passengers with our express consent on the basis that they comply with the same obligations as the Delegate(s) agree(s) to in 4. above - no children under the age of 12 years are allowed to participate in the Off Road Wales Ltd experience in any circumstances.
2. The person signing overleaf agrees to be responsible for the child/children and his/her actions and will ensure he/she complies with his/her obligations and to the application of section 8 below in respect of the child's participation in the ATLP.

8. Liability

1. Safety is our highest priority but it should be acknowledged that the ATLP might involve driving in exceptional circumstances where there is a risk to both Delegates and Delegates property. By participating in the ATLP the Delegate(s) agree(s) to accept to a share in the responsibility to maintain personal safety and that of others and of property by your own actions and conduct.
2. Where this booking is being made by an Employer or any other third party, that party will fully indemnity and will hold harmless Off Road Wales Limited and its employees in respect of any cost, claims or demands made by or in respect of any Delegate who attends the course with the Employers/Third Parties authority/involvement how so ever given.
3. Subject to (g) below, we will be liable for death or personal injury caused by our negligence.
4. We shall in no circumstances be liable to you or the Delegate to the extent any liability arises due to your non-compliance with pre-conditions, condition, terms or your own obligations.
5. We shall not be liable to you whether in contract, tort (including negligence) or otherwise for any financial loss, or loss of contracts or goodwill for any indirect, special or consequential loss or damage.
6. At any time the Delegate may withdraw from participating in the ATLP in which event the Delegate must notify an instructor on site who will take such reasonable steps as are practicable to arrange for or to give directions for the safe departure of the Delegate.
7. Any incident that may give rise to a claim for injury, loss or damage by or on behalf of the delegate(s) as defined in 3.(b) shall be notified to us immediately at the time of the incident, recorded in our Accident Report Book and signed by the injured Delegate(s) or his/her nominee failing which neither Off Road Wales Limited or its servants, agents or insurers shall be deemed to be liable.
8. Where there is a claim by or on behalf of the delegate(s) as defined in 3. (b) above for loss, injury or damage the delegate(s) as defined in 3. (b) above hereby agree that they shall at first instance claim against their own insurance policy or policies before claiming against Off Road Wales Limited, its servants, agents or insurers.