Terms and Conditions for XKeys Ltd (day and residential camps)

1. Interpretation

1.1. In these Terms and Conditions (“these Conditions”), the following terms shall have the following meanings:

Booking Form’ refers to the application form by which details of the Camper and the Camp he/she wishes to attend are submitted to XKeys Ltd;

Camp’ the camp which the Camper is attending, as set out in the Booking Form;

Camper’ the child or children or teen or teens who will be attending the Camp as specified in the Booking Form;

Xkeys Ltd’ XKEYS Limited (t/a Mini Minors, XUK, XUK Day, XUK Excel, XUK English, XUK Activity) of 48 Fitzalan Road, Finchley, London, N3 3PE;

Deposit’ the deposit specified in XKeys Ltd’ brochure, website or other published literature relating to the services from time to time;

Extras’ any and all extra services provided by XKeys Ltd, including but not limited to Optional Extras (as specified in the XUK brochure), transport, airport service, swimming, lates and accessories

Fees’ the fees shown in XKeys Ltd’ brochure, website or other published literature relating to the Services from time to time;

Full Fee Date’ the date specified by XKeys Ltd by which the fees relating to the Camp must be received;

Location’ the location of the Camp (including excursions and travelling to and from the Location);

Rulesthe residential rules and the day camp rules by which all campers must abide by during their time at Xkeys Ltd;

Services’ the provision of the Camp and any Extras for the Camper by XKeys Ltd;

you’ and ‘your’ the Camper’s parent(s) or carer(s) as specified in “Your Details” Booking Form.

1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Supply of Services

2.1. XKeys Ltd shall provide the Services to the Camper subject to these Conditions. By booking and paying the deposit (for residential camps) or fee (for all camps) you agree on behalf of yourself and the Camper to be bound by these Conditions. These Conditions constitute the entire agreement between XKeys Ltd and you/the Camper and may not be varied except in writing by a director of XKeys Ltd.

2.2. Bookings are accepted at the discretion of XKeys Ltd and are not transferable

2.3. You shall fully complete the Booking Form, confirmations & any other requested paperwork and at your own expense supply XKeys Ltd with all necessary and other information required by XKeys Ltd in connection with the Services.

2.4. XKeys Ltd may correct any typographical or other errors or omissions in any XKeys Ltd material relating to the provision of the Services without incurring any liability to you.

3. Payment of Fees

3.1. You shall pay XKeys Ltd the Fees and any additional sums which are agreed between you and XKeys Ltd for the provision of the Services.

3.2. XKeys Ltd shall not be responsible for any cash payment unless it is handed personally to a director of XKeys Ltd.

3.3. All cheques must be payable to “XUK” (unless otherwise requested by XKeys Ltd) and crossed with “a/c payee only”. If your cheque is not cleared by the bank, you will become liable for an additional administration payment to XKeys Ltd of £30.

3.4. On acceptance of your Booking, XKeys Ltd will issue an invoice or Confirmation Letter. It is important that this is checked thoroughly and you alert XKeys Ltd of any changes that need to be made.

3.5. Residential camps: Subject to the paragraph 3.7 below, the Deposit must be remitted together with the Booking Form. The Deposit is NOT refundable unless your Booking is not accepted by XKeys Ltd. No booking is valid until payment has been received, whether childcare vouchers, bank transfer or card / cheque

3.6. Residential camps: The Balance is payable by you on or before the Full Fee Date. If XKeys Ltd does not receive the Balance by the Full Fee Date, it will have the right to take payment automatically or terminate this agreement on written notification to you. In the event of such termination (and in accordance with paragraph 3.2 above), the Deposit will not be refunded.

3.7. Residential camps: Where a Booking Form is received by XKeys Ltd after the Full Fee Date, it must be accompanied by the Full Fees. On acceptance of such a Booking, XKeys Ltd will issue a confirmation.

4. Cancellation

4.1. If for any reason, the Camp is cancelled by XKeys Ltd, the total liability of XKeys Ltd will not exceed that proportion of the Fees XKeys Ltd have actually received.

RESIDENTIAL CAMPS
4.2. If you wish to cancel a Camp booking for any reason, you must do so by notice in writing to XKeys Ltd. XKeys Ltd reserves the right to apply the following cancellation charges (in addition to retention of the deposit pursuant to clause 4.3);

Date Notice Received Cancellation Charge

Before 1 May 2018 None

Between 1 May 2018 and 1 June 2018 50% of Fees

Between 1 June 2018 and 1 July 2018 75% of Fees

On or after 1 July 2018 100% of Fees

4.3. In the event that a Camp booking is cancelled by you at any time the deposit will be forfeited.

DAY CAMPS
4.4 In the event of cancellation by you, a refund will only be payable if such cancellation is notified in writing to XKeys Ltd at least 14 days before the commencement of the Camp. An administration charge of £15 per week per child will be deducted from any refund.

5. Rules, Regulations and your Liability

5.1. You agree to be wholly liable for any and all actions and/or omissions of the Camper. Without prejudice to the generality of the foregoing, you shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the Camper whilst at the Location, and shall fully indemnify XKeys Ltd, their agents, contractors and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.

5.2. XKeys Ltd reserves the right to make rules and regulations relating to the Camper’s participation in the Camp (“the Rules”). The Rules form part of these Conditions and will be notified to the Camper at the Location and are available on the website.

5.3. Any failure by the Camper to adhere to the Rules may result in his/her participation at the Camp being terminated forthwith without refund and in such event the Camper may be sent home at your expense.

5.4. Without prejudice to paragraph 5.3 above, XKeys Ltd reserves the right to withdraw the Camper from any activity at any time on the grounds of safety or unsuitability.

5.5. We are sensitive to certain allergens but cannot guarantee their exclusion from the camp.

5.6 Day Camps: If arriving to Mini Minors, Brooklands in a car, you must, at all times, abide by the Parking code of conduct. This includes, and is not limited to, driving yourself or getting a lift.

6. Liability

6.1. Except in respect of death or personal injury caused by XKeys Ltd’ negligence, XKeys Ltd shall not be liable to you or the Camper by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect, special or

consequential loss, damage, costs, expenses or other claims (whether caused by or negligent or the negligence of our servants, or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you or the Camper, and our entire liability under or in connection with this Agreement shall not exceed the amount of our Fees for the provision of the Services.

6.2. Where XKeys Ltd provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, XKeys Ltd does not give any warranty,

guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.

6.3. XKeys Ltd shall have no liability to the Camper for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from the Camper’s late arrival or non-arrival, or any other fault of you or the Camper.

6.4. XKeys Ltd shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of XKeys Ltd’ obligations in relation to the Services, if the delay or failure was due to any cause beyond XKeys Ltd’ reasonable control.

6.5. We advise you to take out travel insurance covering you against cancellation, curtailment, personal liability, personal accident and lost property.

6.6 If travelling from the EU it is essential your child brings the EHIC card which entitles them to care on the NHS. Any associated costs of treatment will be paid by you and not XKeys Ltd.

6.7. XKeys Ltd reserve the right to alter programmes, activities, itineraries, excursions, age brackets, premises and personnel as it thinks fit and without notice.

6.8. XKeys Ltd will not be bound by any statement unless it is in writing and authorised by a Director of XKeys Ltd.

6.9. In the event that the camper requires a VISA, you take full responsibility for ensuring you obtain a VISA. In the event that you do not obtain a VISA, it is deemed that you have cancelled your booking and your booking will be subject to Clauses 4.1 and 4.2.

7. Medical and Behavioural

7.1. Any medical or behavioural problems of the Camper known to you must be notified to XKeys Ltd in writing on the Booking Form, and in any event prior to the commencement of the Camp. XKeys Ltd reserve the right not to accept your Booking on the grounds that any such medical or behavioural problems are not conducive to the Camper’s or other ‘campers’ participation in the Camp.

7.2. In the event that the Camper becomes ill or incapacitated during the Camp, you agree to medical treatment being given to the Camper if required in accordance with the recommendations of a qualified medical practitioner, including the administration of a general anaesthetic and to surgical operations in case of emergency. Such action shall be taken at your expense.

7.3. If the Camper becomes ill or comes into contact with any contagious or infectious disease during the 21 days prior to the commencement of the Camp, you must immediately notify XKeys Ltd in writing and provide a medical certificate from the Camper’s doctor giving approval for the Camper to participate in the Camp.

7.4. It is your and the campers responsibility to help XKeys Ltd prevent the spread of infectious diseases

7.5. On request, you will provide a doctor’s letter stating a campers suitability to participate in camp

7.6 It is a your responsibility to tell XKeys Ltd prior to camp of any issue or condition that may affect their stay at camp. These include but are not limited to ADHD, SEN, medical, languages, disabilities, diet, medical, behavioural/social issues, child’s history.

7.7 We reserve the right to decline, accept or cancel any booking, or exclude any child at any time prior to, or during the Holiday, if in our reasonable opinion the behaviour of that child is, or may be disruptive, dangerous or incompatible with the general enjoyment and well being of others.

8. Jewellery, Valuables and Lost Property

8.1. XKeys Ltd will not be liable for any item of jewellery or valuable property brought to the Location by the Camper.

8.2. Campers must not wear jewellery whilst taking part in physical activities. If a Camper is instructed to remove jewellery at any time, XKeys Ltd will not be responsible for its safekeeping.

8.3. XKeys Ltd will not be responsible for any property left at the Location (by the Camper or otherwise), and may dispose of any such property if not claimed and collected by you within seven days of the end of the Camp.

9. Personal Searches

9.1. XKeys Ltd reserves the right to search the bags and other personal property of all Campers in appropriate circumstances.

10. Publicity

10.1. You acknowledge that XKeys Ltd may use for publicity purposes and without prior notification any photograph or video taken of the Camper at the Location, and any statement (whether written or oral) made by you or the Camper. Publicity purposes may include, though are not limited to company social media / website postings, and promotional material such as brochures and leaflets.

11. Transport & Trips

11.1. XKeys Ltd’ Fees relating to transport are subject to the same cancellation fees as the camp.

11.2. For certain trips XKeys Ltd give you (if your child is 16 or 17 at the time of camp) the option to let them go around in small groups without being accompanied by our staff. This is a decision taken entirely at your and the campers discretion. To opt in to this, you must send a letter/email of authority to us prior to camp starting. XKeys Ltd will not allow any child under 16 to go unaccompanied without staff and will not allow any child of 16 or 17 to go unaccompanied without express written permission.

12. Smoking, Alcohol and Damage

12.1. Possession and consumption of alcohol, tobacco or drugs by the Camper at Camp are NOT PERMITTED UNDER ANY CIRCUMSTANCES Please note that if the Camper does not adhere to this condition, he/she will be removed from Camp in accordance with paragraph 5.3 of these Conditions.

12.2. Residential Camps: Each camper must bring a minimum of £5 per week to go towards the 'Damage Levy'. XKeys Ltd will deduct from the Camper’s pocket money account a deposit in the amount of £5 (‘Damage Levy’) at the beginning of each week. In the event that XKeys Ltd becomes liable for damage caused by any unidentified camper(s), it reserves the right to settle such liability out of the aggregated Damage Levies deducted, and a pro rata proportion of any excess Damage Levy raised will be refunded to the Camper’s account at the end of the Holiday.

13. Child Protection/Safeguarding

13.1. Safeguarding the children in our care is the main priority of XKeys Ltd

13.2. XKeys Ltd will contact Local Safeguarding Children’s board if we suspect abuse or in an event of a disclosure

13.3. It is your responsibility to give Xkeys Ltd information (name, address and other contact details) of every person who is a parent and/or carer and/or has parental responsibility for the camper. It is also your responsibility to tell us who the camper normally lives with.

14. Force Majeure

14.1. We shall not be liable for any delay in performing or failure to perform any obligation (including to action any alteration or cancelation) due to any case beyond our reasonable control including lock-outs, strikes, shortages of personnel, labour disputes, war, riot, act of God, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.

15. General

15.1. See the XKeys Ltd rules and policies and procedures document for all the company policies including but not limited to complaints, equal opportunities, safeguarding and Health & Safety.

15.2. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

15.3. This agreement is governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.