Moors with Marco (sole trader) Consumer Terms and Conditions
Where to find information about us and our services
You can find everything you need to know about us, Moors with Marco, and our services at www.moorswithmarco.com before you make a booking. We also confirm the key information to you in writing by email.
When you buy from us you are agreeing that:
We only accept orders when we've checked them
We will confirm your booking via a confirmation email as soon as possible but normally within one to three working days to confirm we've accepted it.
Sometimes we can’t take bookings
Sometimes we can’t take bookings due to unavailability, we can't verify your age (where the service is age-restricted), a special request is unable to be accommodated, or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you make a booking
We're not responsible for delays outside our control
If our supply of your service is delayed by an event outside our control, such as severe weather, epidemics and pandemics, which would impact the services, we will contact you as soon as possible to let you know and do what we can to reduce the delay including to re-schedule the services as soon as reasonably possible. If this is not reasonably possible, please contact us on moorswithmarco@outlook.com to end the contract and receive a refund for any services you have paid for in advance, but not received.
You're responsible for making sure you meet suitable equipment and fitness requirements for safe participation in the services.
We will require you to confirm that you are able to meet suitable equipment and fitness requirements for safe participation in the services via our disclaimer when booking the services.
Information for suitable and required equipment can be found on our website www.moorswithmarco.com or contact us on our email moorswithmarco@outlook.com.
As you bought the services online, you have a legal right to change your mind
For our services, you can change your mind for a full refund, however, if you cancel within 7 days of the date the services are due to take place, you will lose the right to cancel and no refund shall be provided to you. This is because we incur costs (which include but not limited to) administration, guide reserved time, and guide preparation which equals the full booking fee. At our discretion, we may offer you a rescheduled ride.
If you change your mind contact us on moorswithmarco@outlook.com. Where appropriate, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us on www.moorswithmarco.com and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our moorswithmarco@outlook.com .
You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact us at moorswithmarco@outlook.com as soon as possible. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.
Summary of your key legal rights
If your product is services, the Consumer Rights Act 2015 says:
• You can ask us to repeat or fix a service if it's not carried out with
reasonable care and skill, or get some money back if we can't fix it;
• If a price hasn't been agreed upfront, what you're asked to pay must be
reasonable; and
• If a time hasn't been agreed upfront, it must be carried out within a
reasonable time.
We can change services and these terms
Changes we can always make.
We can always change a service: to reflect changes in relevant laws and regulatory requirements;
to respond to safety alerts in the area, or change of course due to unsuitability of the group and/or terrain; and, to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service.
Changes we can only make if we give you notice and an option to terminate.
We can also make the following types of change to the service or these terms, but if we do so we'll notify you. You can then contact us on moorswithmarco@outlook.com to end the contract, before the change takes effect, and receive a refund for any services you've paid for in advance, but not received:
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The guide is unable to attend to provide the services on the agreed or proposed date. Where this takes place, we will provide as much notice as possible and offer a rescheduled ride in the first instance.
We can end our contract with you
We can end our contract with you for a service and not provide a refund to you if you don’t arrive with the correct equipment as detailed on www.moorswithmarco.com and as detailed during booking the services. This is
because the lack of correct equipment by you threatens your own and other’s safety; if you don’t have the suitable fitness to participate in the services as discussed with you prior; if you act or threaten to act in a way which could put you or other members of the group in danger, this shall be at the discretion and judgment of the guide; if you don’t follow the guide’s instructions; if you don't make any payment to us when it's due and you still don't make payment prior to the services starting; and if you haven’t agreed to these terms and conditions, and disclaimer as provided during the booking process, as available on www.moorswithmarco.com.
We don't compensate you for all losses caused by us or our services
We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your booking meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control as detailed above.
• Avoidable. Something you could have avoided by taking reasonable action, including following our guide’s instructions, you don’t arrive with the correct equipment as detailed on www.moorswithmarco.com, it is determined by the guide that you don’t have the suitable fitness to participate in the services as previously discussed, you act or threaten to act in a way which is dangerous to you or others safety.
Our liability for any loss you suffer is limited. The services provided are physically demanding and a potentially hazardous activity. By booking and participating in the services, you acknowledge and accept that there are inherent risks involved including the risk of personal injury, property damage, or loss.
We take all reasonable steps to ensure a safe and enjoyable experience. However, we are not liable for any injury, damage, loss, or expense incurred as a result of your participation unless it arises from our proven negligence or a failure in our duty of care.
You are responsible for ensuring that you are physically fit and able to take part in the ride, and for the condition of your own or hired bike. It is your responsibility to follow all safety instructions, wear appropriate protective equipment (including a helmet), ride within your abilities and arrive with the correct equipment as detailed on www.moorswithmarco.com.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or other liability that cannot be excluded by law.
To the extent that you use the services for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the services and all claims for loss of profit or indirect or consequential loss are wholly excluded.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice which can be found on www.moorswithmarco.com.
You have several options for resolving disputes with us
Our complaints policy. Please email moorswithmarco@outlook.com and we will do our best to resolve any problems you have with us or our services.
You can go to court
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.