Page last updated: May 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These general terms and conditions (General Terms) set out the basis on which W&G Harrison Limited, trading as Ribby Hall Village (company number 01032929) whose registered office is at Ribby Hall Village, Ribby Road, Wre Green, Preston, Lancashire, PR4 2PR (We, Us, Our) does business. These General Terms should be read in conjunction with the specific terms and conditions applicable to the different products and/or services that We offer, as detailed below (Specific Terms) and Our sales and marketing brochures (whether digital or print), materials, notices and other literature (Literature).
The basis on which a legally binding contract is formed between you and Us for the provision of any of Our products and/or services (Contract) is detailed in the applicable Specific Terms, referred to in turn below. All Contracts incorporate these General Terms and the applicable Specific Terms and any other documentation referred to in them.
Where ‘you’ comprises more than one individual, the obligations and liabilities of you under a Contract is joint and several.
It is important that upon entering into a Contract with Us, you retain a copy of the General Terms and applicable Specific Terms applicable to the Contract at that time for future reference as We do not necessarily retain a record. Please read the General Terms and applicable Specific Terms carefully prior to entering into a Contract with Us. We recommend that you print a copy for future reference.
In the event of any conflict between these General Terms and the Specific Terms, the position detailed in the Specific Terms shall take precedence.
We may amend the General Terms and Specific Terms from time to time without notice to you and by uploading the most recent version to www.ribbyhall.co.uk or such other websites and mobile device applications that We operate from time to time (Website). These General Terms were last updated on 23rd May 2018.
(i) Digital Services
When using Our Website and its services, please also have reference to the Our:
(e) Privacy Notice, here: www.ribbyhall.co.uk/privacy-notice
(ii) Our Products and/or Services
When contracting with Us for Our various products and/or services, please also have reference to:
(a) Cottage Booking Terms and Conditions, here: www.ribbyhall.co.uk/short-breaks-holidays-terms-and-conditions
(b) Spa Hotel Booking Terms and Conditions, here: www.ribbyhall.co.uk/spa-hotel-terms-and-conditions
(c) Health Club Membership Terms and Conditions, www.ribbyhall.co.uk/membership-terms-conditions
(d) Events and Activities Terms and Conditions, here: www.ribbyhall.co.uk/activities-events-terms-and-conditions
(e) Conference and Banqueting Terms and Conditions, here: www.ribbyhall.co.uk/conference-banqueting-terms-and-conditions
(f) Privilege Card Scheme Terms and Conditions, here: www.ribbyhall.co.uk/loyalty-terms-and-conditions
(iii) Data Protection
We take the protection of your data very seriously, please have reference to Our Privacy Notice here: www.ribbyhall.co.uk/privacy-notice for further information as these Specific Terms are applicable to all Contracts.
Our Products and/or Services
Specific details relating to each of Our products and/or services, Our obligations, your obligations will be covered within the applicable Specific Terms. We may make certain changes to Our products and/or services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements but where these changes will not materially affect your use of them.
Price and Payment
The price of Our products and/or services (Price) will be specified in the applicable Specific Terms or otherwise notified to you in advance of entering into a Contract and will depend on whether you are acting as a consumer or a business customer. Please be aware that in the event of any changes in the rate of VAT, We shall pass these changes on to you.
We take all reasonable care to ensure that the Price is correct; however, it is always possible that, despite Our best efforts, some of Our products and/or services may be incorrectly priced. We will normally check the Price before entering into a Contract with you so that, where the correct Price is less than that stated, We will charge the lower amount. If the correct price is higher than that stated, We will contact you for your instructions before entering into a Contract. If We enter into a Contract where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the Contract and refund you any sums you have paid.
Time for payment shall be as specified in the applicable Specific Terms and if you do not make any payment to Us by the due date We may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
We are a family holiday village and ask that your behaviour and attire reflect this. your behaviour should not be excessive, noisy or disruptive. Offensive or illegal behaviour will not be tolerated, and could lead to your eviction from Our premises and police involvement. you must show consideration for your neighbours and other guests.
No refunds or compensation will be given to you in these circumstances and We reserve the right to refuse any future bookings from you or a member of your party without liability. We reserve the right to invoice you (or recover the cost from the payment details which you provided upon payment of the charges to Us) for the cost of remedying such a breach of a Contract.
Members of the press or media are not to be invited onto Our premises without Our express written permission. you may not use photographs of Our staff without Our prior written consent.
Filming & Photography
We do not allow any filming or photography in or around the swimming pools and changing areas at Our premises. We sometimes take photographs and films for promotional and training purposes which may take place during your stay and you agree that We may use any such photographs and films in which you are captured for these purposes.
Care Of your Possessions
We will not be liable for loss or damage to any property belonging to you or your party whilst such items are at Our premises. It is your responsibility to arrange suitable security and ensure insurance cover is in place for all items belonging to you or your party for the period that such items are at Our premises.
In order to fish at Our premises, you must be over the age of 12 years of age and hold a valid English fishing rod licence and present it to a one of Our staff upon request. We reserve the right to prohibit anyone who does not hold a valid fishing licence from fishing. you must comply with any other fishing rules which We submit to you at any time.
Where you wish to fish at Fisherman's Reach or Condor Green, passes are available to purchase on arrival. Prices are available on request. Please be aware that ponds are subject to annual maintenance and may not be available.
Selected Eateries & Activities
Some of the eateries and activities at Our premises are operated by third parties and you are therefore entering into a separate contract for those services with that provider when acquiring their services. Any concerns regarding your experience with these providers should still however be directed to Us for information purposes in addition to the provider of those services.
Car Parking & Driving at Our Premises
All vehicles must be parked in designated parking areas. Our parking areas are not supervised, so before leaving your vehicle please remove your possessions and ensure that it is fully secured. We do not accept liability for loss or damage to your vehicle or for any items left inside which are lost damaged or stolen.
At all times you must give way to pedestrians, cyclists and horses and keep to the left and within the 10mph speed limit.
Power Scooters / Go-Peds
With the exception of Our organised Segway sessions, the use of petrol or battery powered scooters, hoverboards and electric skateboards is strictly prohibited within The Village.
Children's Supervision and Protection, Carers & Parental Responsibility
You are responsible for the supervision of all members of your party under the age of 21, this is particularly important when staying in accommodation situated close to open water. When swimming you must ensure you comply with the following adult to child ratios:
- 1 adult to 1 child under 4yrs old;
- 1 adult to 2 children 4 - 7yrs old;
- 1 adult to 4 children 8 -12yrs old.
Carers must also ensure that all members of their party requiring care are supervised at all times.
We must follow procedures, which are laid down by the government for protecting children. In certain circumstances We must make contact with the Local Social Services Office and share Our concerns and We reserve the right to do so in respect of any member of your party without your permission.
We place the welfare and protection of children above all other considerations and it is Our policy to seek to safeguard the welfare of children and others involved in activities at Our premises by protecting them from physical, sexual and emotional harm. We have a number of measures in place to try to ensure that this happens. For further details please ask for a copy of Our child protection policy statement.
We use CCTV throughout Our premises for the safety and protection of its guests and staff and by entering into a Contract you acknowledge that you are likely to be captured on Our CCTV coverage and agree to Our use of it for these purposes without any liability to you.
Health & Safety
You shall be responsible for ensuring that the members of your party and any day guests comply with all regulations concerning licensing, fire safety and health and safety and shall comply with reasonable requests of Our employees.
First Aid, Medical Assistance & Clinical Waste
Each department can provide first aid but NOT medical assistance. You must dispose of any clinical waste in accordance with instructions provided in any information guide provided. In the case of an emergency you MUST call the emergency services.
No Smoking Policy
By law, smoking is not permitted in any type of accommodation or any facility. We reserve the right to fine you £150 for breach of this clause by you or any member of your party. In the event that We receive a fine or penalty for your or a member of your party's breach of this clause then you shall indemnify Us against such fine. We reserve the right to invoice you (or recover the cost from the payment details which you provided upon payment of the charges to Us) for the cost of remedying such a breach.
We work hard to improve energy efficiency and reduce its carbon footprint and asks Our guests to respect its objectives and switch off lights and electrical appliances if they are not needed.
We request that all guests recycle their waste during and after their stay. Details are provided in any information guide provided.
Deliveries from external suppliers are not permitted.
We are not responsible for any matter not brought to our attention during your holiday. As referred to within Our Conflict Management Policy, We have a zero-tolerance policy with regard to any incidences of discrimination, intimidation, harassment and violence across the board, be it from, towards or between any of our staff, guests, visitors, service users or other customers.
Whilst We appreciate that disagreements and misunderstandings can happen, We cannot condone any form of aggression within Our premises and We are committed to resolving any conflicts sensibly and calmly. All of Our staff have completed training in conflict management. As a last resort, and only after all de-escalation procedures have been exhausted, some of Our staff have completed training in physical intervention techniques and are authorised, where necessary, to remove people from the premises if they pose a danger to themselves or to others.
Liability and Indemnity
(i) Our responsibility for loss or damage suffered by you if you are a consumer
We are responsible to you for foreseeable loss and damage caused by Us.
If We fail to comply with the terms of a Contract, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking the Contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process. Loss or damage is not foreseeable if it arose as a result of information which you did not provide to Us or which could not reasonably have been known.
We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for: death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and/or services; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. If you are a consumer We only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose Our liability to you will be limited as set out in (ii) below.
(ii) Our responsibility for loss or damage suffered by you if you are a business
Nothing in the General Terms shall limit or exclude Our liability for: death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
Except to the extent otherwise expressly stated all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to that stated above:
- We shall not be liable to you where any liability arises as a result of information which you did not provide to Us or which could not reasonably have been known;
- We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between Us; and
- Our total liability to you for all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products and/or servuces under such Contract.
Intellectual Property Rights
We are the owner or the licensee of all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (Intellectual Property Rights) in Our Website and in the material published on it, Our products and/or services and Literature.
Save where otherwise provided for in the Specific Terms, you may not utilise Our Intellectual Property Rights without Our prior written consent and We reserve all such rights in Our Intellectual Property.
The ability of either party to terminate a Contract and the consequences thereof shall be specified within the applicable Specific Terms.
All notices under this Contract shall be in writing and must be in English and to:
- firstname.lastname@example.org or the postal address first written above where you are notifying Us; or
- to the contact details provided to Us by you at the time of or prior to entering into a Contract where We are notifying you,
or such other more recent details as are notified to the other party. Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
- at 9:00 am on the next business day thereafter, if transmitted by email; or
- at 9:00 am on the second business day thereafter following mailing, if mailed by national ordinary mail, postage prepaid.
Neither you nor Us shall have any liability under or be deemed to be in breach of a Contract for any delays or failures in performance of a Contract which result from circumstances beyond the reasonable control of that party. If such circumstances continue for a continuous period of more than 3 months, the non-affected party may terminate the Contract affected.
If any provision or part provision of a Contract is or becomes prohibited by law or is judged by a court to be unlawful, invalid, void or unenforceable, the provision shall, to the extent required, be modified to the minimum extent required in order to give its intended effect, else to the extent that this is not possible, be severed from a Contract and rendered ineffective as far as possible without modifying the remaining provisions of a Contract without affecting any other circumstances of or the validity or enforcement of the remainder of a Contract.
Unless a party expressly waives its rights in writing no delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Contract shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Contract. No right, power or remedy conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
Where We have incurred any liability to you, under any Contract, and whether such liability is liquidated or unliquidated, We may set off the amount of such liability against any sum that would otherwise be due to Us by you.
The parties agree that a Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter. you acknowledge that in entering into a Contract you do not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these General Terms and the applicable Specific Terms. you shall not have any claim for innocent or negligent misrepresentation based upon any statement set out in these Terms.
Third Party Rights
Except as expressly provided otherwise, a Contract shall not be enforceable by any third party in accordance with the Contracts (Rights of Third Parties) Act 1999.
Nothing in a Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
A Contract may not be released, discharged, supplemented, interpreted, amended, varied or modified in any manner except by an instrument in writing signed by a duly authorised officer or representative of each of the parties.
Transfer & Successors
A Contract is personal to you and the rights and obligations hereunder may not be assigned or transferred to a third party without Our prior written approval. We may assign or transfer its rights and obligations under a Contract without your prior written consent.
A Contract shall be binding upon, and inure to the benefit of, the parties and their respective successors and permitted assignees, and references to a party in a Contract shall include its successors and permitted assignees.
Law & Jurisdiction
A Contract shall be governed by English law and disputes arising under or in relation to it or its subject matter shall be subject to the exclusive jurisdiction of England and Wales.