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TERMS AND CONDITIONS OF TRADE

This is a basic understanding of intent between NOMAD and our customers and is necessary in order to provide good quality service and value for money whilst ensuring NOMAD gets paid for its efforts, commitment and risk. Furthermore, our company policy on data protection and privacy is also included here. 

General Terms and Conditions - www.nomadseakayaking.co.uk
We reserve the right to change these terms and conditions at any time. Any changes will take effect when posted on the website and dated in the header notes. It is your responsibility to read the terms and conditions on each occasion you use our service and your continued use of our service shall signify your acceptance to be bound by the latest terms and conditions. If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our website. Our terms and conditions are binding on all of our customer subscriber orders made online and manually over the telephone.

Communication
It is the sole responsibility of the Buyer to provide a working, communicable email address for all electronic communications; for booking & purchase receipts and important communications around trip and course safety from Guides and Leaders. NOMAD Sea Kayaking cannot accept Gmail email address due to limitations set by Google and outside of the control of NOMAD Sea Kayaking.

Payments - BACS Transfer

  1. All trips must be paid for at least 2 weeks prior to the trip/programme i.e. the funds must clear our bank account. Should we not receive the funds at least 2 weeks prior to the launch date, your place/s will be forfeited.
  2. Unless otherwise stated/agreed, our standard payment terms of SEVEN (7) DAYS from the date of despatch of invoice apply to all accounts. We maintain the right to charge interest at base rate + 4% interest charged for every day the account remains outstanding, after a grace period of a further 7 days calculated from the next working day.

Returns, Cancellations, and Specification

  1. Non-warranty product returns (excluding our error) will be exchanged or refunded provided the product is returned in the supplied condition, unused in its original undamaged packaging within 10 days of purchase. Postage/carriage charges on non-warranty returns will not be refunded and a 10% transaction charge will be levied to cover the charges incurred by us in processing and refunding your order.
  2. A return for a refund made after 10 days of purchase will incur a 25% restocking charge (excludes warranty returns).
  3. All deposits received by NOMAD Sea Kayaking for the purchase of equipment, including N.D.K. kayaks, are non-refundable.
  4. Manufacturer specifications may change without our being notified. The product supplied will always achieve or exceed the specification described on the website.
  5. There is a one-off standard administration charge of £50 for all new Members joining regardless of how they pay. This will be charged to all Membership applications as well as any Membership cancellations who cancel their memberships before having made any monthly or one-off yearly subscription payments.
  6. All requests for a touring (decked) kayak are charged at £40 (all-inclusive) per boat per event and £50 (all-inclusive) for a decked sea kayak.
  7. All requests for a touring (decked) kayak or a decked sea kayak for any event/s outside of our Home Counties (Suffolk & Essex) will be charged at £40 and £50 per boat, per event to cover our time, labour, fuel and vehicle wear and tear for transport. This is in addition to the hiring costs of the respective kayak/s.
  8. Credit terms will not be offered and payment is immediate. 

Rescheduling of Trips, Courses and Events-Retail Guests and Members

  1. Booked & scheduled trips that are rescheduled due to NOMAD Ventures Limited being unable to fulfil the trip due to a supply issue on the part of NOMAD Ventures Limited i.e. lack of equipment or staff. All retail guest/s or student/s will be refunded in full less the transaction charge incurred during the payment process.
  2. Should NOMAD Sea Kayaking be forced to reschedule their booked and confirmed event/s due to COVID-19 infection and/or isolation, shielding or government lockdown or government-enforced protocol, the events/s will be treated as 'inclement weather reschedules' and all booked retail guests will be offered two (2) alternative dates as per point 8.
  3. Retail Guests can cancel their booking for a full refund minus the card processing fee and £5 for administration of all aspects of the booking process, if their cancellation is within fourteen (14) calendar days, including the fourteenth day, of their original booking payment date. If their event is completed within fourteen (14 days), all cancellation refunds are forfeit.
  4. Should Retail Guest/s be unable to attend their booked and confirmed event/s due to whatever personal reason (including illness), they can 'gift' their seat to any person of their choice who is over the age of sixteen years. These amendments to their event can be made by the guest, online by logging in to their personal account and there is no charge for this service. Alternatively, if the guest/s provides a minimum of ten (10) working days notice to NOMAD Sea Kayaking, their event can be rescheduled to the next available consecutive date as published on the website for a rescheduling fee of £40 per guest, per day. i.e., a weekend event over two days would be £80 per person. If a guest/s provides notice of less than nine (9) working days & more than 48 hours the charge increases to £80 per day, per person. In the event that NOMAD Sea Kayaking is given 48 hours notice or less then the booking will be forfeit and treated as a ‘No Show’ see point 5. In all cases, there will be no refund.
  5. ‘No shows’ on the day of the scheduled event will not be refunded.
  6. ’No shows’ on heavily subsidised events shall be liable to reimburse NOMAD Sea Kayaking (on behalf of NOMAD Community Projects) for the balance of the full cost of the event. This policy is to deter time wasters and cover the costs incurred to run the event. i.e. the cost of the event prior to the subsidy being removed. For example; Beach Clean. Value of seat £84.99. Subsidised price £30.00. ‘No show’ invoice payable immediately £54.99. 
  7. Retail Guests that have their trip re-scheduled due to inclement weather, will be offered TWO (2) further consecutive dates as published on our website or at the discretion of management. Anyone unable to attend either of these dates will forfeit both their payment and their place in full. There will be no refund.
  8. 'Bad Weather Cover' offers our guests the option of adding either an added one (1) date or an added two (2) dates to the two free dates already included in every booking. Therefore for a fee of £19.99 guests will have a total of three (3) dates (including the two dates NSK provide as part of the original booking) to choose from & for a fee of £29.99 guests will have a total of four (4) dates to choose from. The dates offered will be from & including the very next available date for that event as published on our website & onwards for the number of dates that guest is entitled to. Guests can select any date from these dates but all of the consecutive dates NOT selected count towards the total. Example: A guest purchases an added two (2) 'Bad Weather Cover' dates & therefore has a total of four (4) dates to choose from. In this example, the NSK website has eight (8) consecutive dates available for that specific event & the guest selects the fourth (4th) available consecutive date. Should that date then be cancelled due to inclement weather, that guest will have no further dates to select. However, had the guest selected the third (3rd) consecutive date & that date is cancelled due to inclement weather, the guest has one (1) final consecutive date to choose from i.e. the fourth (4th) date. If that chosen date is rescheduled due to inclement weather or COVID restrictions, the guest will revert to our 'two date policy' and will be offered the next consecutive published date. Bad Weather & COVID cover can be purchased retrospectively. Under all circumstances, all guests are always offered the next two consecutive, available dates, free of charge, included with their original booking.
  9. NOMAD Sea Kayaking will not accept any abuse (threats to personnel, threats of malicious internet exposure and/or reviews and generally malicious, belligerent behaviour) from guest/s or Member/s either in person, by telephone or electronically and reserves the right to cancel any booking, providing a return of fees paid less 30% to cover our costs of time spent in administering that booking. If we are forced to cancel a guest or member booking due to abuse by the guest or member towards NOMAD Sea Kayaking or its staff, within seven (7) days of the scheduled date of the event, NOMAD Sea Kayaking reserves the right to provide a 'return of fees' less 50% of the total booking value to cover our administration & operational costs and recover a small portion of the lost income of that seat/s.
  10. Members can cancel their event providing at least TWENTY-EIGHT DAYS (28) notice will NOT be charged for that event.
  11. Member cancellations OR change of date requested with at least TEN (10) working days’ notice will be charged £30 per event day, per person, to cover some of the potential loss of income for those seats, our administration costs and time lost.
  12. Member cancellations OR change of date requests with less than TEN (10) working days but more than 48 hours of the scheduled launch date will be charged £60 per event day, per person, to cover some of the potential loss of income for those seats, our administration costs and time lost.
  13. Member notice of 48 hours or less or ‘No shows’ on the day will be charged and invoiced 100% of the total cost of the trip (including VAT) with seven (7) days credit terms provided.
  14. All events must have a minimum of ten (10) participants made up of at least six (6) retail guests for that event to go ahead. NOMAD Sea Kayaking reserves the right to cancel or reschedule any event not meeting these criteria. This is at the sole discretion of the Operations Director.
  15. As a general guideline, the maximum number of events Members of any level can hold, should not exceed (Infinity I, Infinity II, Combo & Premium Memberships) THREE (3) trips and ONE (1) course at anyone one time. Infinity II Members may hold one-course booking at any one time. Infinity I Members may hold three trip bookings at any one time.  Infinity Combo & Premium Members may hold three trip bookings and one course booking at any one time. NOMAD Sea Kayaking reserves the right to refuse any Member bookings if these guidelines are unreasonably exceeded.
  16. Members courses booked are subject to approval by the Operations Manager. This is to ensure that each Member books the next course that is appropriate to their current skill level. NOMAD Sea Kayaking reserves the right to cancel any Member course/s after discussion with that Member & agreement as to the next best course for that Member.
  17. Should any retail customer or Member choose to cancel their booking, they may nominate any other person to take their place upon informing us in writing by email. Retails guests must also be amended on the dashboard system and invited to take the seat of the paddler being replaced. The new paddler must complete this process to allow them onto the event. The new guest must be over sixteen (16) years of age. A new guest can also be nominated in the case of a reschedule due to inclement weather or COVID restrictions, where the guest is unable to attend the dates offered.
  18. Member bookings that have to be cancelled due to inclement weather will be rescheduled. Retail guests are rescheduled through our booking system.
  19. Members requesting administration work outside of the day to day online event booking process i.e. raising of invoices, credit notes, detailed erroneous emails & unnecessary administration that incurs time & cost for NOMAD Sea Kayaking (NSK) will be charged £20 sterling for each item incurred and at the discretion of a director of the business.
  20. There are no limitations on how many times a Member participates in a trip or course throughout their Membership. NOMAD Sea Kayaking strongly supports this strategy as an excellent way to develop & cement your new paddling skills quickly by repeating courses & cementing with follow up trips.

Group Bookings - Guest Details
It is a legal requirement that we have the full name, contact telephone number and email of every guest attending all of our events. It is also a legal requirement that each and every individual guest reads, understands and agrees to our terms and conditions of trade as well as the requirements for each specific event. The ‘event sponsor’ will invite his/her guests by email through his/her account & each guest must accept their invitation & read & agree to our Terms and conditions of Trade. This is a prerequisite to participation. We will not allow anyone to participate in any event without having first accepted their seat, thereby accepting our terms & conditions of trade. It is the responsibility of the trip sponsor placing the booking to communicate this clearly to each & every one of their guests.

Liability

  1. We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. Data is not provided or shared with any other third party other than the specified delivery address, all information is held within NOMAD Ventures Limited for internal use only.

Health & Safety
Sea kayaking is an outdoor sport and by its’ very nature can expose paddlers at its worst too;

  1. Strong currents and strong wind.
  2. Rough sea/estuary conditions.
  3. Cold & wind chill.
  4. Paddling against strong currents and/or winds.
  5. Other vessels.

Potential Injuries
Include;

  1. Muscle & backaches.
  2. General fatigue.
  3. Wrist pain & muscle stiffness.
  4. Blisters on hands.
  5. Seasickness/motion sickness.
  6. Mild to extreme hypothermia/hyperthermia (hot & cold).
  7. Shoulder injuries, dislocation, pain or discomfort.
  8. Sunburn.
  9. Minor cuts & grazes/nicks etc.

All paddlers must be of reasonable fitness with guidelines as follows; as a minimum, paddlers should be able to carry out the following;

  1. Touch your toes whilst standing with your feet shoulder-width apart and legs straight.
  2. Run (slowly) a minimum of 200 metres without stopping/rest.
  3. Swim a minimum of 15 metres fully clothed.

Please come prepared. NOMAD Sea Kayaking cannot take responsibility for any injuries sustained whilst paddling and/or on completion of a trip/tour. Please note that we reserve the right to refuse participation to any paddlers who cannot meet the above requirements. We also reserve the right to ‘bale out’ any paddlers who are deemed to be unfit, overweight, slowing the group down unnecessarily or a potential danger to themselves, the group and/or the Guides.

Health & Safety Continued
You are obliged as part of your booking process to inform NOMAD Sea Kayaking of any medical conditions, disabilities or phobias that may affect or limit your ability to participate. These include but are not limited to;

  • Diabetes.
  • Heart conditions.
  • Epilepsy.
  • Rheumatism/arthritis.
  • Back/knee problems &/or shoulder problems.
  • Hearing and/or site problems.
  • Seasickness.
  • Allergies.
  • Fears of deep water/swimming or any other relevant phobia/fears.
  • Joint injuries or previous shoulder dislocations.
  • Deepwater phobias.
  • The inability to swim.
  • Any 'other' disability or condition that may limit your participation in some way.

Bale Outs
NOMAD Sea Kayaking will not refund customers who ‘bale out’ of any trips, courses, events et cetera. NOMAD Sea Kayaking reserves the right to charge customers and/or Members who have ‘baled out’ or have had to ‘bale out’ for any charges incurred to extricate the customers i.e. taxi/cab charges, fuel and parking costs and time incurred. ‘Bale out’ is defined as not being able to complete a trip, course or event for whatever reason/s.

Right of Participation
NOMAD Sea Kayaking and all of its Guides reserve the right to refuse participation in any of our trips, tours and/or course to anyone due to the following, non-exhaustive list;

  • No food and/or fluid brought for the event/trip.
  • Inappropriate dress (please read our online guidelines).
  • Under the influence of any substances i.e. alcohol, drugs, medication etc.
  • Drinking alcohol covertly before or during an event.
  • Aggressive, abusive behaviour.
  • ‘Unsafe’ attitude or approach to the experience. This is subjective and the final decision always lies with the Guide/s leading the trip/tour/course.
  • Unable to control their craft i.e. basic manoeuvres like turning, steering, forward paddling and so on.

PLEASE NOTE: The Lead Guide and/or the Operations Director (NOMAD Ventures Limited) reserve the right to cancel or reschedule any trips or training programme due to weather, tides or unforeseen circumstances out of his/her control or that of the business. The decision is made based on safety first followed by guest comfort. Discounts or refunds will not be offered for re-schedules due to weather or COVID restrictions outside of our control and all guests will be offered the next TWO (2) consecutive, available dates as published on our website. Failure to accept one of the next two consecutive (available and published) dates, the trip/event will be forfeit.

NOMAD Guides are responsible for your safety and well being as well as doing the very best to ensure our customers gain the maximum enjoyment and value for money from their trip/tour/course. The more you help your Guide do this, the more you’ll get from the experience. Please read all of the communications from NOMAD Sea Kayaking, email, online p.d.f’s, social media and telephone calls. These instructions and guidelines exist to protect all of our guests and staff and ensure a comfortable and enjoyable event within the limitations placed on us by nature.

Satisfaction Guarantee: if you are dissatisfied with your trip, course or event, please contact us by email detailing your reasons and with the approval of the Operations Director, we will book you onto the next available date for that event free of charge.

TERMS AND CONDITIONS AND DATA PROTECTION

BACKGROUND:

This website www.nomadseakayaking.co.uk (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site OR when you press the “accept” button on Our Cookie banner. If you do not agree to Our Cookie Policy, please stop using Our Site immediately. 

  1. Definitions and Interpretation
  • In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

“Cookie”

means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);

“personal data”

means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by [the Data Protection Act 1998 OR EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); and

“We/Us/Our”

means NOMAD Ventures Limited, a limited company registered in England under company number 05414112, whose registered address is The Hollyhocks, Manor Road, Clapton, Suffolk, IP13 6SH. The trading names are NOMAD Sea Kayaking and The Hollyhocks Retreat.

 2. Information About Us

  • Our VAT number is not applicable.
  • Our Data Protection Officer is Kurt Finch, and can be contacted by email at kurt@nomadseakayaking.co.uk, by telephone on 01473 – 375 026, or by post at The Hollyhocks, Manor Road, Clopton, Suffolk, IP13 6SH. 
  • Our Site is owned and operated by NOMAD Ventures Limited, a limited company registered in England under company number 05414112, whose registered address is The Hollyhocks, Manor Road, Clopton, Suffolk, IP13 6SH. This is also our physical & postal trading address.
  • We are regulated by British Canoeing.

 3. How Does Our Site Use Cookies?

  • Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our events AND/OR We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
  • By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than Us. Third-party Cookies are used on Our Site for analytical purposes. For more details, please refer to section 4 below.
  • All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
  • Strictly Necessary Cookies

A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.

  • Analytics Cookies

It is important for us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.

  • Functionality Cookies

Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

  • Targeting Cookies

It is important for us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. [Some information gathered by targeting Cookies may also be shared with third parties.]

  • Third-Party Cookies

Third-party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third-party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).

  • Persistent Cookies

Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.

  • Session Cookies

Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.

  • Cookies on Our Site are not permanent and will expire after closing the browser OR as indicated in the table below.
  • For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy at link http://www.nomadseakayaking.co.uk/privacy.html.
  • For more specific details of the Cookies that We use, please refer to the table below.

4. What Cookies Does Our Site Use?

  • The following first party Cookies may be placed on your computer or device:

Name of Cookie    Purpose & Type      Expiration Time      Strictly Necessary

PHPSESSID            Booking function       On browser close      Yes

form_N                  Stops dismissed        20 years                  Yes
forms from re-
                             appearing

  •  The following third-party Cookies may be placed on your computer or device:

Name of Cookie    Purpose & Type      Provider                 Strictly Necessary

 Not applicable as at 26th April 2018 

  • Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the events AND/OR services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
  • The analytics service(s) used by Our Site use(s) analytics Cookies to gather the required information.
  • The analytics service(s) used by Our Site use(s) the following analytics Cookies:

Name of Cookie      Purpose & Type      Provider      Expiration Time      Strictly Necessary

_ga                          To distinguish          Google Inc    2 years                    No
website users for
                               analytical purposes

_gid                         To distinguish           Google Inc   2 years                    No
website users for
                               analytical purposes

_gat                         To throttle request    Google Inc   1 minute                  No
rate.

5. Consent and Control

 6. Changes to this Cookie Policy

  • We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made.  You are therefore advised to check this page from time to time.
  • In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 7. Further Information

  • If you would like to know more about how we use Cookies, please contact us by telephone on 01473 – 375 026, or by email to adventure@nomadseakayaking.co.uk.
  • For more information about privacy, data protection and our terms and conditions, please visit the following:
  • http://www.nomadseakayaking.co.uk/privacy.html;
  • http://www.nomadseakayaking.co.uk/terms-and-conditions.html.

If you have any questions or comments, you should contact us.

Company Contact Details

Enquiries: 01473 - 375 026
Email: adventure@nomadseakayaking.co.uk
www.nomadseakayaking.co.uk

Company Registration: 05414112 (Registered in England & Wales)

Trading Address: The Hollyhocks, Manor Road, Clopton, Suffolk, IP13 6SH.