Your Park Team Days - Booking terms

These Terms of Service set out the terms on which the Bristol & Bath Parks Foundation, trading as Your Park Bristol & Bath (the Supplier), a registered charity in England and Wales (charity number 1182217), provides Team Day services to you (the Customer).

These Terms are intended for business customers and organisations booking Team Day services and not for consumers acting wholly or mainly outside their trade, business, craft or profession.

1. Contract formation and documents

1.1. These Terms of Service and the Booking Confirmation together form the contract between the Supplier and the Customer (the Contract).

1.2. The Booking Confirmation sets out the specific details of the Team Day, including the date, times, location, activity description, agreed fee and agreed number of attendees.

1.3. Submission of a booking form constitutes a request only and does not guarantee availability. A booking shall be confirmed only once the Supplier has issued written confirmation. No contract shall exist until the Customer has received this confirmation.

1.4. If there is any conflict or inconsistency between these Terms of Service and the Booking Confirmation, the Booking Confirmation shall take precedence only to the extent of that inconsistency, and these Terms of Service shall otherwise apply in full.

1.5. The Customer confirms acceptance of this Contract by confirming the booking in writing (including by email), signing the Booking Confirmation, or making payment of the applicable fees, whichever occurs first.

2. Description of the Services

2.1. A Team Day is an outdoor, facilitated group activity delivered by the Supplier, typically in a public park or green space, involving practical conservation, habitat management, planting, maintenance or other related activities.

2.2. Because delivery depends on site conditions, participant safety, weather and operational factors, the Supplier may need to adapt how the Services are delivered from time to time.

2.3. The Supplier shall provide the Services with reasonable care and skill.

2.4. The Services provided shall broadly match the description set out in the Booking Confirmation. Minor variations may occur due to site conditions, safety requirements or environmental factors.

3. Delivery, safety and risk management

3.1. The Supplier shall deliver the Services with reasonable care and skill and in accordance with its health and safety policies, including its Risk Assessment Procedure and Outdoor Cancellation Procedure, as updated from time to time.

3.2. The Supplier shall ensure that a written risk assessment is prepared and approved in advance of the Team Day.

3.3. A dynamic risk assessment shall be carried out on the day of delivery and throughout the Team Day, including in response to changing site conditions, weather, or other emerging risks. The Supplier reserves the right to make reasonable changes to the Services, including activities, layout, timings or location, where required to manage identified risks or to comply with health and safety obligations.

3.4. Where required for safety reasons, the Supplier may adapt activities, change location, pause or curtail the Team Day, including where weather or ground conditions make continued delivery unsafe.

3.5. Where necessary for safety reasons, the Supplier may shorten the duration of the Team Day by up to 20% without any reduction in the agreed fee.

3.6. The Supplier may substitute activities, staff, site areas or locations with reasonably equivalent alternatives where required for safety, operational, environmental or access reasons.

3.7. In the event of an emergency, incident or evacuation, the Supplier may take any action it reasonably considers necessary to protect participants, staff, volunteers, the public, property or the site, including suspending, modifying, relocating or terminating activities.

4. Insurance

4.1. The Supplier maintains appropriate public liability insurance for the delivery of Team Days and will provide evidence of such insurance on reasonable request.

4.2. The Customer is responsible for ensuring that it holds appropriate insurance to cover its employees, volunteers or other participants attending the Team Day, and any equipment it provides.

4.3. The Supplier’s insurance does not remove the responsibility of the Customer or participants to follow safety instructions, behave responsibly or comply with the Supplier’s risk management requirements.

5. Liability

5.1. Nothing excludes liability for death/personal injury caused by negligence, fraud or anything that cannot legally be excluded.

5.2. The Supplier is not liable for indirect or consequential loss, loss of profit, loss of business, or loss of opportunity.

5.3. The Supplier is not liable for loss caused by inaccurate information, customer delay, participant misconduct, failure to follow instructions, unsuitable clothing/footwear, pre-existing site/weather conditions or any event outside the Supplier’s reasonable control.

5.4. Total liability is capped at the total fee paid for the Team Day, except for the non-excludable items above.

6. Customer obligations and participant conduct

6.1. The Customer remains responsible for its attendees’ acts and omissions during the Team Day. The Customer is responsible for ensuring participants:

• are fit and appropriately dressed for outdoor manual activity;

• comply with reasonable instructions given by the Supplier’s staff;

• wear appropriate clothing and footwear for outdoor activities; and

• behave in a manner that does not put themselves, others or the site at risk.

6.2. The Customer is responsible for notifying The Supplier in advance about any relevant medical conditions, mobility issues, allergies, accessibility needs or anything which may affect safe participation.

6.3. The Customer shall provide the Supplier with any information reasonably requested in advance to enable safe delivery of the Services.

6.4. The Supplier may adapt activities or refuse participation where it reasonably considers participation unsafe.

6.5. The Supplier reserves the right to suspend or terminate activities where participant behaviour creates a safety risk. For the avoidance of doubt, this includes participants consuming alcohol or being under the influence of alcohol or drugs during the Team Day or during breaks where activities are due to continue.

6.6. Where activities are suspended or terminated due to the actions or omissions of the Customer or attendees, this shall be treated as a Customer cancellation.

6.7. In the event of any emergency, incident, evacuation or other situation requiring immediate action, the Customer shall ensure that all attendees promptly comply with any safety, emergency or evacuation instruction given by the Supplier’s staff.

6.8. Where loss, delay, disruption or additional cost arises from the act or omission of the Customer or any attendee, the Customer shall be responsible for it.

6.9. The Customer shall be responsible for loss of or damage to the Supplier’s equipment, materials or third-party property to the extent caused by the negligent or wrongful act or omission of the Customer or any attendee.

7. Attendance numbers and final charge

7.1. The Booking Confirmation shall state the expected number of attendees. This confirmed number shall constitute the minimum chargeable number.

7.2. The Customer must confirm any changes to the final number of attendees in writing to teamdays@yourpark.org.uk no later than 14 days before the Team Day.

7.3. Any attendees attending the Team Day in excess of the confirmed number shall be charged for by the Supplier at the applicable per-participant rate or pro-rata fee, invoiced following the Event.

7.4. No refunds shall be provided for non-attendance, late arrivals or early departures.

8. Fees and payment terms

8.1. The total fee for the Services shall be the amount set out in the Booking Confirmation, subject to any additional charges permitted under this Contract.

8.2. The Customer shall pay 100% of the fee no later than 14 days before the event.

8.3. Once the booking confirmation is sent, the fee is final and shall not be renegotiated following delivery of the Services. This applies including, without limitation, where:

• the Team Day is shortened by up to 20% for safety or weather reasons

• a request to reschedule or cancel is made within 14 days of the event;

• attendance is lower than confirmed; or

• attendees do not fully engage with activities.

8.4. The Supplier may take payment by invoice or online payment. Where third-party payment providers are used, their terms may also apply.

8.5. The Supplier reserves the right to charge statutory interest and recovery costs on overdue sums in accordance with applicable law.

9. Prices, exclusions and additional charges

9.1. Unless expressly stated otherwise, the fee excludes:

• travel, subsistence or accommodation costs

• materials or third-party services required for bespoke delivery

• VAT, where applicable

9.2. The agreed fee covers all costs associated with delivery of the Team Day. Any additional resources or materials requested by the Customer must be agreed in writing in advance.

9.3. Where appropriate, the Supplier may invite a voluntary contribution towards such resources.

9.4. No additional charges will be incurred without prior written agreement.

10. Weather conditions and safety-based decisions

10.1. The Supplier shall monitor official Met Office weather warnings and manage weather-related risk using a tiered decision-making process, prioritising the safety and wellbeing of participants, staff, volunteers and the public.

10.2. The Supplier shall postpone the Team Day without limitation in the case of the following being issued by the Met Office for the location and timing of the Team Day:

• a Red weather warning;

• forecast wind speeds or gusts exceeding 40mph; and/or

• thunderstorms or lightning.

10.3. Where an Amber weather warning is issued, the Supplier shall review the relevant hazards and risk assessment and may:

• proceed with adaptations; or

• reschedule the Team Day where the assessed risk is high.

10.4. Where a Yellow weather warning is issued, the Supplier shall proceed with caution and carry out a dynamic risk assessment on the day, adapting delivery where required.

10.5. During an event, where the Supplier determines that weather or site conditions are unsafe, the Supplier may pause, adapt or shorten the Team Day and clause 3.5 shall apply.

10.6. Where the Supplier postpones the Team Day this shall be treated as a reschedule, not a cancellation. No refund shall be due, and the Supplier shall offer one alternative date only.

10.7. Where the Customer elects to cancel or request postponement due to weather forecasts or perceived weather risk and the Supplier has determined that conditions are safe to proceed, such request shall be treated as a cancellation and clause 13 shall apply.

10.8. The Supplier’s decision on whether conditions are safe and reasonably suitable for delivery shall be final.

11. Amendments

11.1. The Customer may request to reschedule once and no less than 13 days before the scheduled Team Day date, subject to availability. All rescheduling requests must be made in writing to teamdays@yourpark.org.uk.

11.2. Requests to reschedule within 14 days of the Team Day shall be treated as a cancellation.

11.3. The rescheduled event must take place within three months of the original date. If the Customer does not accept the alternative date offered by the Supplier, or if the parties cannot agree a replacement date within 14 days, the booking shall be treated as cancelled by the Customer and clause 13 shall apply.

11.4. Where the Customer requests changes to the booking, including but not limited to changes to dates, times, location, activity scope or attendee numbers, the Supplier may charge an amendment fee to reflect additional administration or operational costs.

11.5. Amendment fees may apply whether or not the requested change is ultimately agreed or feasible.

11.6. Any amendment fee shall be reasonable and reflect the administrative or operational work actually undertaken by the Supplier.

11.7. Any amendment fee shall be notified to the Customer and invoiced accordingly.

11.8. Where the Customer requests to shorten the duration of the event, including where participants leave early or activities are ended at the Customer’s request, this shall be treated as a Customer change. No refund, fee reduction or partial cancellation shall apply in these circumstances.

12. Cancellation

12.1. All cancellations must be made in writing to teamdays@yourpark.org.uk.

12.2. Where the Customer cancels 15 or more days before the Team Day the Customer shall pay a cancellation charge equal to 75% of the fee confirmed in the Booking Confirmation.

12.3. Where the Customer cancels 14 days or less before the Team Day the Customer shall pay a cancellation charge equal to 100% of the fee confirmed in the Booking Confirmation.

12.4. The Customer shall remain liable for any additional agreed costs already incurred by the Supplier.

13. Data protection

13.1 Personal data shall be processed only as necessary to administer the booking and deliver the Services.

13.2 The Supplier shall process personal data in accordance with applicable UK data protection legislation.

14. Force majeure

14.1. The Supplier shall not be liable for failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control including flooding, fire, industrial disputes, transport disruption, legal restrictions or other events of a similar nature.

14.2. This clause does not apply to weather-related decisions, which are governed by clause 11.

14.3. Where reasonably possible, the Supplier may offer one alternative date, without prejudice to its rights under clause 11.7.

15. Complaints

15.1. Any complaints should be raised promptly in writing to teamdays@yourpark.org.uk to allow the Supplier to investigate and respond.

16. General notice

16.1. Any notice under this Contract must be in writing and sent by email to the contact details set out in the Booking Confirmation, or to teamdays@yourpark.org.uk for notices to the Supplier.

16.2. Notice shall be deemed received at the time of transmission, provided no delivery failure notice is received.

17. Agreement

17.1. This Contract constitutes the entire agreement between the parties and supersedes prior discussions, correspondence and understandings relating to its subject matter.

18. Severance

18.1. If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Governing law and jurisdiction

19.1. This Contract shall be governed by and construed in accordance with the laws of England and Wales.

19.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Contract.