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Council
14-Feb-09, 03:15 PM
Hovercraft Club of Great Britain Terms & Conditions. Issue 1 Effective from 14th February 2009

The Hovercraft Club of Great Britain is a trading name of the Hoverclub of Great Britain Ltd, also referred to here as The Company.

i. Indemnity. The Customer shall indemnify, defend, and hold harmless The Hoverclub of Great Britain Ltd, its officers, employees, agents, distributors and dealers from and against any and all liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with customer's failure to comply with any of its obligations herein contained, except for such loss or damage which was caused by the sole negligence or willful misconduct of The Hoverclub of Great Britain Ltd, its officers, employees, agents, distributors or dealers, provided however, that The Hoverclub of Great Britain Ltd shall nevertheless have the right, if it so elects and notifies the customer, to participate at the The Hoverclub of Great Britain Ltd’s expense in the defence of any such suit or suits in which it may be a party, without relieving customer of the obligation to defend the same.

ii. Warning. All motor sports can be dangerous even when practised under ideal circumstances. Pilot error, component failure, adverse meteorological conditions or sheer bad luck can result in injury or death.
iii. Amendments. The Hovercraft Club of Great Britain reserves the right to amend these Terms & Conditions from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the start of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect.
1. Conditions. All orders are accepted by The Hoverclub of Great Britain Ltd subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between The Hoverclub of Great Britain Ltd and the Customer or set out in the Customer’s standard terms and conditions. Together with any terms accepted by The Hoverclub of Great Britain Ltd in connection with an order, these Conditions constitute the entire agreement between The Hoverclub of Great Britain Ltd and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of The Hoverclub of Great Britain Ltd.

2. Prices. Prices for goods, services or supplies are in £ sterling, inclusive of UK VAT where applicable (prices in other currencies are for information only). The Hoverclub of Great Britain Ltd reserves the right to change its prices or withdraw an item from sale without notice at any time. Prices charged will be those prevailing when an order is accepted.

3. Payment. Payment is due in advance of dispatch of the goods, by any of the payment methods specified on the The Hoverclub of Great Britain Ltd online shop website, or by cheque drawn on a UK bank by special arrangement. We will accept payment from third parties, however the contract is considered to be with the person who placed the order.

4. Orders. The Hoverclub of Great Britain Ltd reserves the right to decline to trade with any company or person.

5. Eligibility. You must be a member of The Hovercraft Club of Great Britain to purchase the following goods, services or supplies: Racing licence, Cruising licence, Craft Registration Log Books, Event or Race Registration/Entry Fees.

6. Delivery. The Hoverclub of Great Britain Ltd will use all reasonable endeavours to supply goods, services or supplies as quickly as possible after the order is placed, however please allow up to 28 days for delivery. Delivery will be made to the address specified by the Customer. The Hoverclub of Great Britain Ltd may use any method of delivery available to it. The Hoverclub of Great Britain Ltd will use reasonable endeavours to meet delivery and/or performance estimates but except as set out in 7 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance.

7. Inspection, defects and non delivery. The customer or their representative must not accept for delivery any goods in damaged packaging. Any goods signed as having been delivered will be considered to have arrived in good condition. The Customer must inspect the goods or supplies as soon as is reasonably practicable after delivery and, the Hoverclub of Great Britain Ltd shall not be liable for any defect in the goods or supplies unless written notice is given to The Hoverclub of Great Britain Ltd within 10 days of such date. The Hoverclub of Great Britain Ltd does not write software comprised in the Goods and it is the Customer's responsibility to check for the presence of computer viruses before the Goods are used. The quantity of any consignment of Goods, as recorded by The Hoverclub of Great Britain Ltd upon despatch from The Hoverclub of Great Britain Ltd's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Hoverclub of Great Britain Ltd will not be liable for any non -delivery of Goods unless written notice is given to The Hoverclub of Great Britain Ltd within 10 days of the date when Goods should have been delivered in the ordinary course of events. Any liability of The Hoverclub of Great Britain Ltd for non-delivery or non performance or for Goods notified as defective on delivery in accordance with this Condition 7 will be limited to replacing the Goods within a reasonable time or to refunding the price then paid in respect of such Supplies.

8. Returns and refunds. Goods or supplies returned because they are unwanted or incorrectly ordered, will be returned at the Customer’s risk and expense, for receipt by The Hoverclub of Great Britain Ltd within 7 days from the day after the goods are received and must be undamaged and in original packaging. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return. Goods that have been returned undamaged and in original packaging will be refunded within 30 days of receipt by The Hoverclub of Great Britain Ltd.

8a. Cancellation. Orders for goods or supplies may be cancelled within 7 days of date of order and returned for refund as per 8 above. Orders for Membership of the Hovercraft Club of Great Britain, Racing or Cruising Licences, Racing or Cruising Log books cannot be cancelled.

9. Description. All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details contained on this website are intended to give a general idea of the goods or supplies, but will not form part of any Contract. The Hoverclub of Great Britain Ltd shall take all reasonable steps to ensure the accuracy of details relating to Supplies (including, without limitation, statements regarding compliance with legislation or regulation), but accepts no liability in contract or tort or under statute or otherwise for any error or omission in such detail whether caused by The Hoverclub of Great Britain Ltd’s negligence or otherwise. The Hoverclub of Great Britain Ltd may make changes to the goods, supplies or services as part of a continuous programme of improvement or to comply with legislation.

10. Risk and ownership. The risk of damage to or loss of goods or supplies will pass to the Customer when the goods or supplies are dispatched from The Hoverclub of Great Britain Ltd. Ownership of the Goods shall not pass to the Customer until The Hoverclub of Great Britain Ltd has received in full (in cash or cleared funds) all sums due from the Customer to The Hoverclub of Great Britain Ltd on any account whatsoever. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as The Hoverclub of Great Britain Ltd 's bailee.

11. Performance and fitness for purpose. Unless any performance figures, tolerances, characteristics or compliance with legislation or regulation have been specifically and expressly warranted by a director of The Hoverclub of Great Britain Ltd in writing, The Hoverclub of Great Britain Ltd accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to The Hoverclub of Great Britain Ltd's negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in writing by a director of The Hoverclub of Great Britain Ltd. Any advice or recommendation given by an officer or employee of The Hoverclub of Great Britain Ltd which is not confirmed in writing by a director of The Hoverclub of Great Britain Ltd is acted on entirely at the Customer's risk and The Hoverclub of Great Britain Ltd shall not be liable for any such advice or recommendation which is not so confirmed. The liability of The Hoverclub of Great Britain Ltd to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition 11 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the goods or supplies or, at The Hoverclub of Great Britain Ltd’s option, the supply of replacement goods or supplies which are sufficient and suitable.

12. Intellectual property rights. Any goods or supplies from The Hoverclub of Great Britain Ltd may be subject to the intellectual and industrial property rights including patents, know how, trademarks, copyright, design rights, utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the goods or supplies or re-sell the goods or supplies in the Customer’s ordinary course of business. The Hoverclub of Great Britain Ltd shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising.

13. Force majeure. The Hoverclub of Great Britain Ltd shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of The Hoverclub of Great Britain Ltd 's obligations under these Conditions if the delay or failure was due to any cause beyond The Hoverclub of Great Britain Ltd's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Hoverclub of Great Britain Ltd may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

14. Legal construction. All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but The Hoverclub of Great Britain Ltd may enforce such Contract in any court of competent jurisdiction.

15. General. Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by The Hoverclub of Great Britain Ltd to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply. The Hoverclub of Great Britain Ltd must be given the opportunity to put right any failure of service and will not cover the costs of any third parties contracted by the customer in respect of any dispute or expert investigations regarding such matters.

15a. Privacy Policy. Information stored by the Hovercraft Club of Great Britain is stored for Hoverclub use only for administration and organisation purpses. Financial information (such as credit of debit card details) captured for payment by Paypal is not stored by the Hovercraft Club of Great Britain. Financial details given over the phone or sent by post may be stored for a period of up to 7 years.


Additional Terms & Conditions for Hovercraft Club Membership

16. Joining. By joining the Hovercraft Club of Great Britain members of the club agree to abide by the rules and regulations of the club. The Hovercraft Club of Great Britain is the National Organisation for Recreational Hovercraft. The club is run entirely by volunteers and is run as a not for profit organisation.

17. Data. The Hovercraft Club of Great Britain undertakes not to pass any personal details held by the club to any third party without the permission of the club member, and to only use any records held by the club for internal administration purposes.

18. Photographs. The Hovercraft Club of Great Britain reserves the right to publish photographs of hovercraft and members taken at club events in the club magazine and on the club web site and for the purposes of promoting the club.

19. Member liability. The Hovercraft Club of Great Britain is a trading name of the Hoverclub of Great Britain Limited, which is a company limited by guarantee. As a member of the club you undertake that, the person who takes out the subscription, in the event of the club being wound up whilst you are a member or within one year after you cease to be a member, will, if required, contribute an amount not exceeding one pound toward the costs and liabilities of the club.

20. Status. The Hovercraft Club of Great Britain is recognised as the National Governing Body for Hovercraft sport in England by Sport England.

21. Affiliations. The Hovercraft Club of Great Britain is affiliated to the European Hovercraft Federation and World Hovercraft Federation as the recognised National Organisation for Light Hovercraft in the United Kingdom.

22. Voting rights. One vote is allotted per member, including Family or Group memberships.



Additional Terms & Conditions for Hovercraft Club Services

23. Operating Licences. Hovercraft Operating Licences (including Racing or Cruising Licences) will be issued at the discretion of The Hoverclub of Great Britain or its officers, and will be issued in accordance with records held by the Hovercraft Club of Great Britain. The status and type of licence issued will in accordance with the Rules and Regulations for racing or cruising respectively. Operation under such a licence at an HCGB event will be at the discretion of the event organisers, the Race Director or other HCGB Officers. A licence is only valid with current Hovercraft Club Membership. An HCGB Operating Licence is valid until the expiry date shown on the licence.

24. Craft Registration Log Book issue. A craft Registration document, also known as a “Log Book”, is issued using information supplied by the Hovercraft Owner - the Hovercraft Club bears no responsibility for checking the integrity of this information. The Log Book acts as confirmation that the craft, as presented for Initial Scrutiny by an HCGB Scrutineer, complied with the relevant HCGB Racing or Cruising craft Construction Requirements at the time in force. If there are any defects, repairs or modifications they should be logged in the Log Book. It is the operators responsibility to ensure that the craft is re-scrutineered where necessary prior to further operation. The Log Book is only valid with valid HCGB Membership.

25. Events. Volunteer members of the Hovercraft Club organise Hovercraft Club events such that other members can use their Hovercraft in a safe and controlled environment. Particiaption at HCGB events is at the sole discretion of the Member, and as such the member takes on responsibility for the safety of themselves and their family.


Additional Terms and Conditions for Hovercraft Club Events

26. Member Obligations. All Hovercraft Club members are obliged to:
- Co-operate with Event Officials.
- Not interfere with anything provided to safeguard their health and safety.
- Take reasonable care of their own health and safety.
- Not to engage in any practice that may result in the injury or damage to any other member or visitor.
- Pay due respect to all warning signs at HCGB Events.
- Observe the rules of the Paddock:
- no smoking in the paddock or within 4m of paddock boundary
- no dogs during race times (on lead during paddock open times)
- no children under six (6) except at specified Paddock Open times
- children age 6 – 11 must be accompanied by an adult
- Wear paddock pass/site fee wrist band where provided at all times whilst at HCGB Events.
- Observe that the speed of vehicles in the camping area at HCGB events must not exceed 5mph.
- Observe that there shall be no operation of hovercraft within the boundaries of the Camping area for the duration of a Race Event.
- Ensure that unreasonable noise ceases by midnight.
- Observe that unless specifically authorised for the duration of the Event and within the boundaries of the Event site (including camping area) NO motorised vehicle shall be driven by anyone who does not hold the appropriate driving licence and a minimum of third party insurance for that vehicle. Proof of insurance must be provided on request.


Additional Terms & Conditions for Advice Given

27. Basis of Advice. Any advice given by The Hoverclub of Great Britain Ltd or any officer of The Hoverclub of Great Britain Ltd is based on information given by the customer and is given without prejudice. The Hoverclub of Great Britain Ltd will use reasonable skill and care in providing any advice or technical support. The customer takes on any responsibility for any actions taken as a result of any advice or guidance given by The Hoverclub of Great Britain Ltd, this is because The Hoverclub of Great Britain Ltd is unable to verify information given by the customer or to ensure that all relevant details have been disseminated; The Hoverclub of Great Britain Ltd is unable to ensure correct interpretation of advice by the customer or verify the ability of the customer to carry out any procedures suggested. It is the customers responsibility to ensure that they stay within all rules, regulations and laws applicable and/or in force at all times.

28. Liability. The Hoverclub of Great Britain Ltd shall not be liable for any of the following type of loss or damage arising out of or in connection with any advice given by an officer or member of the club, either verbally or in writing: Any damage to components, products or parts fitted (or to anything they are fitted in); any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue; any loss or corruption of data; any indirect or consequential loss; any death or personal injury.


Additional Terms & Conditions for AGM & Symposium Package Bookings

29. Basis of supply. The Hovercraft Club offers AGM Package booking as a payment gateway only. The AGM & Symposium is held at a venue not run by or under the control of the Hovercraft Club. HCGB AGM & Symposium prices are set such that they cover costs of accommodation, room hire, equipment hire, entertainment and any other associated costs. The Hoverclub of Great Britain accepts no responsibility for the quality of accommodation, food or equipment.

30. Booking information. We require the following information at the time of booking: name, address, telephone number, email address. This information should be given at the time of booking.

31. Confirmation of booking. All bookings with The Hoverclub of Great Britain Ltd for AGM packages are considered to be confirmed bookings, we do not accept provisional bookings.

32. Cancellation. Should you wish to cancel your AGM Package booking, The Hoverclub of Great Britain Ltd will only refund you in the event that we can resell your package.