SCALE Terms and Conditions
TERMS AND CONDITIONS
SCALE AT PRINCIPALITY STADIUM
Millennium Stadium Adventure Experience Ltd. (referred to herein collectively as “MSAE”, “we” or “us”) is the operator of the visitor attraction based at Principality Stadium, Westgate Street, Cardiff, CF10 1NS (“Principality Stadium”) and known as “Scale at Principality Stadium” (“SCALE”), which allows customers (“Climbers”) to take part in guided climbs over the roof of Principality Stadium on a purpose built walkway (the “Climb”) in addition to potentially using a zip line above the roof of Principality Stadium (the “Zip”) and/or a vertical abseil adventure from the roof of Principality Stadium (the “Drop”) (together the “Climbs”).
MSAE places great importance on the safety of Climbers and visitors to Principality Stadium and all persons who wish to purchase tickets for SCALE (“Tickets”) do so subject to the following terms and conditions.
References herein to “you” are to the person purchasing Tickets and (save where the context otherwise requires) to all persons on whose behalf Tickets are purchased who shall also be deemed to have read and understood these terms and conditions.
A. STATUS OF THESE TERMS AND CONDITIONS AND YOUR BOOKING
- All Tickets are sold subject to these Terms and Conditions.
- These Terms and Conditions are important to your visit to SCALE. Please read these Terms and Conditions carefully prior to purchase and raise any queries via email to email@example.com Purchase of any Ticket constitutes acceptance of these Terms and Conditions on your behalf and on behalf of any persons for whom you have purchased Tickets, and you acknowledge and agree that you shall ensure that all persons in your booking are aware of and accept these Terms and Conditions.
- These Terms and Conditions are subject to change without notice from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them on this website and it is your responsibility to ensure you have read the most current Terms and Conditions before purchasing your Tickets and/or taking part in any Climb.
- No booking shall be deemed to have been accepted unless accepted by us in writing (which shall include our confirmation of booking email).
B. YOUR TICKET
- Only persons holding a valid Ticket will be admitted to SCALE.
- Please check your Tickets upon receipt as mistakes cannot always be rectified after purchase.
- Your Ticket may be invalidated if any part of it is removed, altered or defaced.
- Tickets are not issued on a sale or return basis and cannot be cancelled or exchanged after purchase other than in accordance with these Terms and Conditions. Further information regarding MSAE’s refund and cancellation policies are set out in section K of these Terms and Conditions.
- Price and availability information is subject to change without notice.
- Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket or used in connection with the Event.
- MSAE shall not be liable for any Tickets which are lost or stolen.
C. TICKET RESALE
- Tickets are personal, revocable and non-transferable; shall at all times remain the property of MSAE and are subject to these Terms and Conditions.
- Resale, or attempted resale or purchase of a Ticket other than via MSAE or one of its authorised agents are grounds for seizure or cancellation of such Ticket without refund or other compensation.
- Tickets cannot be used for competitions, promotions, advertising or hospitality packages or otherwise for commercial gain without the express written permission of MSAE.
- Failure to adhere to these conditions will render such Tickets null and void and result in any person holding a Ticket bought from an unauthorised source being refused entry to SCALE without refund or other compensation.
- We reserve the right to cancel any Ticket booking which we reasonably believe to be made with a view to resell such Tickets or where the Ticket has been purchased using fraudulent means, such as credit card fraud.
- We will not take responsibility for the validity of Tickets purchased from unauthorised agents or other sources including, without limitation, ticket touts, and we shall be entitled to cancel and refuse entry to any person whom we reasonably believe to have purchased Tickets from any such person.
- The number of Tickets purchased may be restricted to a maximum number per person, per credit card or per household. These restrictions will be notified to you before you make your booking. We reserve the right to cancel Tickets purchased in excess of this number without prior notice to you of such cancellation.
D. REQUIREMENTS TO CLIMB SCALE
- You must have a valid Ticket which has not been defaced or altered and purchased from an authorised point of sale.
- All children / minors must have a Ticket (see Minimum/Maximum Requirements below for minimum ages of children/minors).
b. Minimum/Maximum Requirements
- Each Climber must be: –
- 10 years or older
- a minimum height of 125cm
- weigh less than 130kg/21 stone/286lbs to participate in any Climb
- able to wear a harness which has a maximum width waist of 120cm and a maximum upper thigh width of 65cm
If you do not meet these requirements, you will not be permitted to participate in any Climb.
- Climbers aged 10 or over but under 18 must be accompanied by an adult (aged 18 or over) (a “Supervising Adult”) on a ratio of 1:5.
- You may be required to produce proof of identity for any person whom we reasonably consider to be under 18 years of age. Failure to provide proof of age may result in entry being refused to any person in your party whom we reasonably believe to be under 10 years of age or to persons where we do not reasonably believe there are a sufficient number of persons aged 18 or over in your booking to supervise persons whom we reasonably believe to be under 18.
- Supervising Adults consent to any children whom they are supervising undertaking the Climb and shall remain responsible for them and their behaviour at all times and for ensuring that they adhere to these Terms and Conditions. Supervising Adults shall be required to complete and sign the Declaration and Waiver Form on the behalf of the children whom they are supervising (the “Supervised Children”) and to state that they will be responsible for their own safety and that of children under their supervision.
- Climbers must not be under the influence of alcohol or illegal substances, or any legal substances which would make it (in MSAE’s sole discretion) unsafe for them to participate in the Climb or to understand the Safety Briefing DVD shown on the day of the Climb, the Safety Rules and Policies or the safety instructions and advice of the Climb Guides issued on the day of the Climb.
- You will not be permitted to participate in SCALE without refund if you have a blood alcohol reading of 0.05% or higher or if you refuse to be breathalysed or if we reasonably believe that you are under the influence of substances (legal or illegal) which would make it unsafe for you to Climb or make you unable to understand the Safety Briefing DVD shown on the day of the Climb, the Safety Rules and Policies or the safety instructions and advice of the Climb Guides issued on the day of the Climb.
- You will be required to make a declaration in the Declaration and Waiver Form that you are not under the influence of drugs or alcohol.
d. Physical Requirements
- SCALE requires physical exertion to complete the Climb. You are required to read details of the SCALE Climb Activities before placing your booking and you acknowledge and agree that you have been made aware of the SCALE Climb Activities before placing the booking.
- Before the Climb you will be given a Safety Briefing, and you will be advised of our Safety Rules and Policies. You will be required to confirm in the Declaration and Waiver Form that you have fully understood the Safety Briefing and that you have read the Safety Rules and Policies and explained them to any children named in the Declaration and Waiver Form.
- You must be capable of undertaking the SCALE Activities unaided. You acknowledge that the Climb Guides will not supervise you on a one-to-one basis and you will be responsible for ensuring that you and any of your Supervised Children comply with the safety instructions given to you in the Safety Briefing shown to you before the Climb and with our Safety Rules and Policies and with any safety instructions of the Climb Guides.
- You are required to notify us in advance if you or any person in you booking needs to take essential medication on the Climb (e.g., asthma inhaler, diabetic mediation, or nourishment). You will also need to let your Climb Guide know on the day. You will not be permitted to carry the medication yourself and the Climb Guides will carry any permitted medication. We may ask you to produce a written note from your General Practitioner or such other medical practitioner as we may reasonably request to verify that it is necessary for you to take the medication onto SCALE.
- We cannot allow walking aids on to SCALE due to the risk which they pose to other Climbers and the prohibition on loose items which is designed to protect your health and safety and that of other Climbers to prevent slips and trips from falling objects.
- You are permitted to take hearing aids and spectacles onto SCALE provided they are secure and not loose fitting.
- We cannot allow assistance dogs onto SCALE as it is only possible to Climb SCALE by being attached to a continuous cable with a climb latch. All assistance dogs may be left at owners’ risk in SCALE’s base camp area (as will be identified to you by our staff on the day of your visit).. Our staff will bring them to you in time for your descent.
- The forces exerted during the SCALE Climb Activities may activate or aggravate pre-existing physical injuries, conditions and symptoms or congenital defects and we shall not have any liability whatsoever for the activation or aggravation of any such injuries, conditions, symptoms, or defects save where the same have been caused by our negligence or that of the Operators (as defined in Clause L.4).
- You are responsible for ensuring that you and all of your Supervised Children named in your Declaration and Waiver Form are in a fit state of health to participate in the SCALE Activities and are able to undertake the SCALE Activities in a manner which will not put at risk your own health and safety or the health and safety of other Climbers and you acknowledge and agree that you have made all adults in your booking aware of the same.
- We do not recommend SCALE to pregnant customers or to people who suffer from vertigo. SCALE is likely to be unsuitable for persons who suffer from other conditions or injuries which would prevent them from performing the SCALE Activities. We are unable to advise you on medical conditions so if you are in any doubt as to whether you or your children are in a fit state of health to participate in the SCALE Activities, we would advise you to consult with medical advisors in advance.
- It is your responsibility to notify us in advance of placing your booking of any special access requirements you may have, as we may not be able to accommodate all special access requirements if we have not been made aware of them prior to the date of the visit which may result in you not being allowed admission without refund. We will use reasonable endeavours to accommodate special access requirements. If requested, you agree to provide a certificate of fitness from your General Practitioner, or such other medical practitioner as we may reasonably request, to confirm that you are in a fit state of health to participate in SCALE and to provide such further details about your condition as we may reasonably request in order to assist you.
- If you have any conditions or concerns that may impact your ability safety to complete the SCALE Activities of which you have not notified us in advance, then you should notify us in the day of your visit. We will use reasonable endeavours to make arrangements to facilitate your Climb, however, taking into account your health and safety and that of other Climbers we may be unable to accommodate your needs and we reserve the right, without refund, to refuse to permit you to participate in SCALE or to modify your experience if we reasonably believe that to allow entrance to SCALE would jeopardise your health and safety or that of other Climbers. Customers are requested to address any specific access requirements in advance of their visit by contacting . Whilst we will use reasonable endeavours to accommodate special access requirements, due to the unique nature of SCALE and our obligations to ensure the health and safety of all customers there may be times when we are unable to accommodate your specific needs.
- You will be required to confirm in the Declaration and Waiver Form that neither you nor the Supervised children named on your Declaration and Waiver Form suffer from any medical condition which would put your health and safety or that of other Climbers at risk. If you are not the parent or guardian of a Supervised Child, you must make all reasonable enquiries of the parent or legal guardian before signing the Declaration and Waiver Form. We will not have any liability to you whatsoever for any loss, damage or injury suffered by you or such Supervised Children because of your failure to make such reasonable enquiries unless the same is caused by our negligence or that of the Operators (as defined in section L.4 below).
e. Declaration and waiver
- You and all members of your party aged 18 or over will be required to sign a Declaration and Waiver Form on the day of your visit and prior to your Climb. You will be required to sign this on your own behalf and on behalf of any Supervised Child (i.e. persons in your party under the age of 18 whom you are supervising on the one (1) adult to five (5) children ratio).
E. ARRIVAL TIME
- You are required to arrive for the Climb and check in at the Base Camp on the Riverwalk (see Map) up to 15 minutes prior to your Climb time as set out on your Ticket. If you arrive after this time you will not be admitted to the Climb, save at our absolute discretion and you will not be refunded.
F. THE CLIMB
- Climbs will take place in all weather conditions other than gales, lightning, heavy snow or ice or extreme weather conditions which we reasonably believe make it unsafe to participate in the Climb. For refund and cancellation policy information in relation to weather, please see section K of these Terms and Conditions.
- There is a risk that the weather will change during the course of the Climb and you will not be able to leave the Climb early in the event of a change in the weather unless we cancel the Climb on health and safety grounds. Refunds will not be issued where SCALE is open but you are dissatisfied with the weather.
b. Equipment, clothing and prohibited items
- We shall supply you with a Climb Gilet, harness and safety equipment which you will need for your Climb. You must wear this clothing and equipment at all times during the Climb and must not interfere with it in any way after it has been attached by your Climb Guide. If you are uncomfortable, you must notify your Climb Guide who will provide assistance.
- You will not be permitted to take any belongings with you on the Climb other than the following: –
- your spectacles, sunglasses and hearing aid which must be secure and not loose fitting.
- essential medication which is permitted at our discretion. While the medication shall be carried securely by a SCALE Climb Guide, neither MSAE nor any Operator (as defined in section L.4) will be responsible for the medication or the administering of it.
- an elasticated band to tie back long hair.
- In particular, but without limitation, the following items are strictly prohibited: – any item which is dangerous or may be used as a weapon or may cause damage to the SCALE structure; food and beverages (unless required by diabetic Climbers and arranged with us in accordance with section D(d)(4) above); sound, video recording equipment and cameras.
- Other than as set out in clauses F(b)(1) and (2) above, you are not permitted to take any items onto SCALE including, without limitation, mobile phones, cameras, ipads, handbags, headphones, umbrellas or any other personal items.
- You will be provided with a small locker to store belongings which you have brought with you to SCALE. All items are left at your own risk and you must bear this and the limitations on the locker space in mind when deciding which items to bring with you on the day of your visit. All items which are permitted to be taken onto SCALE pursuant to clause F(b)(2) above are taken at your own risk.
- Long hair must be tied back using an elasticated band and not any item which could cause harm or injury to you or any other person or damage to the SCALE structure.
- You must wear clothing which is appropriate for the weather conditions. You must wear suitable clothing which will allow you to wear your Climb Gilet and full body harness on top. The clothing worn underneath your Climb Gilet must not restrict your movement, obstruct your vision, lead to overheating in warm weather or become entangled in your safety equipment. For this reason, skirts and dresses may not be appropriate. Footwear should be rubber soled and encompass your entire foot, ideally something with a suitable trail tread like trainers or walking boots. For this reason flip flops, sandals and high heeled shoes or boots are not permissible, We reserve the right to refuse to allow you to participate in the Climb if we consider that your clothing does not meet these requirements or otherwise poses a health and safety risk to you or other Climbers.
- The consumption of food and beverages is strictly prohibited at any time during the SCALE experience unless such food and beverages is supplied by us as part of a hospitality package or permitted on medical grounds pursuant to clause D(d)(4) above.
- Pets or other animals of any nature are expressly prohibited on SCALE. Assistance dogs are not permitted on SCALE.
c. Your behaviour
- Smoking is strictly prohibited within Principality Stadium or within any SCALE area.
- You will not by your acts or omissions damage or deface the fabric of the building of Principality Stadium, the SCALE structure, the climbing equipment used in connection with SCALE and fixed or fitted to Principality Stadium or the SCALE structure, any equipment provided to you by us, including, without limitation, harnesses, suits, shoes, safety harnesses or latch ways (“Equipment”) or any property of MSAE, the Operators (as defined in clause L.4) or of any other Climbers.
- You will handle all Equipment solely as directed by your Climb Guides and will not remove or interfere in any way whatsoever with the Equipment after it has been fitted by your Climb Guides. If you wish to make any adjustments to the Equipment you must notify a Climb Guide who will be able to assist.
- You will not cause any nuisance, distress, annoyance, fear or concern to any other Climber or by your acts or omissions interfere with the Climb Guides’ ability to lead the SCALE experience in a safe manner or encourage or induce another person to do the same. This includes, without limitation, not making any unnecessary noise, attempting to shake or otherwise move the SCALE structure, making any comments or jokes about the security or safety of SCALE. Any person acting in breach of this condition will be immediately ejected from the Climb without refund.
- You must at all times adhere to the directions and instructions of the Climb Guides, the safety rules set out in the safety briefing for your visit to SCALE, the applicable safety rules and policies for SCALE as may be published and/or amended from time to time and to any other health and safety procedures and guidelines for SCALE as may be issued to you by the climb guides on the day of your visit and/or by MSAE in advance of your visit (as relevant). In addition, normal statutory rules and regulations apply and should be observed during the Climb. Failure to adhere to this condition will result in you being immediately ejected from the Climb without refund.
- You may be ejected from SCALE or may not be permitted into SCALE and will be asked to surrender any Tickets you may hold, if in our reasonable opinion, you or your behaviour poses or is likely to pose a health and safety risk; affects or may affect the enjoyment of other Climbers; affects or may affect the running of the Climb; may cause damage to or interfere with the property of MSAE or its contractors; is unacceptable; is in breach of these Terms and Conditions; is in breach of the law; is in breach of any rules and regulations of Principality Stadium or SCALE; may lead to a breach of any licensing conditions; and/or you refuse to leave a prohibited item with our stewards or to be searched and/or you use threatening or abusive or insulting words and/or you appear to be under the influence of alcohol or drugs.
- In case of emergency please follow instructions and directions from the Climb Guides.
- You must leave Principality Stadium quietly in consideration for our neighbours. Any failure to do so may result in you being refused permission to purchase tickets to future events at Principality Stadium or SCALE.
- You must not climb or stand upon fences, barriers, walls, structures or any unauthorised part of Principality Stadium building other than the specifically designated walkways of SCALE.
- You must not throw any item which could cause injury or annoyance to any other person or damage to Principality Stadium or the SCALE structure.
- If you are using any of the Climbs and you are the Supervising Adult of any child under the age of 18:
- you (as the Supervising Adult) will be the last person from your group to participate in any element of the Climbs (e.g. if using the Drop or Zip, you would be the last person in your group to use that element of the attraction).
- if any child(ren) under the age of 18 in your group decide during any of the Climbs that they do not want to continue and/or complete that element of Climb (e.g. they decide that they do not want to use the Drop or Zip), you as the Supervising Adult will not be able to complete that element of the Climb and you will instead need to accompany that(those) child(ren) by exiting the Climb via the relevant safety exit as will be advised by our guide(s). In this scenario, (i) if any children in your group had already used part of the Climb (e.g. the Drop or Zip), they would wait by the relevant waiting zone with our staff (as will be identified to you on the day of your visit) and you would collect them once you have exited the Climb and (ii) you will not be refunded for any element of the Climb that you and/or any child in your group had not completed due to any child deciding that they did not want to complete any element of the Climb.
- You acknowledge that toilet facilities will not be available during your Climb of SCALE but will be available in the reception area of Base Camp.
- We have exercised and will exercise all due care and skill in operating SCALE, however, due to the height and outdoor nature of SCALE the SCALE Climb Activities involve risks, dangers and hazards which may lead to injuries (which may be fatal) including those beyond the reasonable control of MSAE including but not limited to injuries which may occur due to exposure to weather conditions and/or negligence of other Climbers and you undertake the SCALE Climb Activities of your own volition having made aware of the risks involved.
G. ABILITY TO REFUSE ADMISSION
- To ensure the security, safety and comfort of all Climbers, we reserve the right at our reasonable discretion to refuse you admission to the Climb or to eject you from the Climb. The terms of our refund policy will apply to any such refusal or ejection. See section K for details
H. PHOTOGRAPHY AND RECORDING
- CCTV and film cameras are in operation at Principality Stadium and SCALE, this includes filming by the stadium security staff carried out for the security of customers and filming to produce souvenir photographs and videos.
- You further hereby agree that any such Footage may be exploited by us or our contractors in any and all media for any purpose at any time throughout the world including use in commercial distribution or use for commercial or promotional purposes or the display of all such Footage within the retail areas of SCALE without any compensation to you. Such use may include, without limitation, the production of souvenir photographs and/or videos for purchase by Climbers without payment or compensation to you.
- The copyright of all such Footage shall be owned by MSAE or its contractor and may only be used or reproduced by you if you purchase such Footage and only for private or domestic purposes in accordance with these Terms and Conditions and not for any commercial purpose. You must not authorise any other person to apply the Footage to any other goods or services including, without limitation, any clothing or other items which would reasonably be considered to be merchandise. It is illegal to infringe the copyright of another person and we will exercise all legal rights available to us should we discover that you have infringed our copyright. We hereby agree that you may upload the Footage to Facebook but not to endorse any goods or services other than those of MSAE or the Operators (as defined in clause L.4).
- Cameras and other images and audio recording devices (other than mobile phones) are not permitted at SCALE. You hereby agree that if an unauthorised image or sound capture device is taken onto SCALE, we may confiscate such item for the duration of the Climb and we may remove or delete any images or sound, or other material recorded from such device which is recorded at SCALE.
- Official Merchandise is only available from outlets within Principality Stadium. Please be aware of unofficial traders offering inferior goods for which we accept no responsibility.
- You are not permitted to sell or offer for sale or distribute any items whilst at or in the environs of Principality Stadium including, without limitation, merchandise, Tickets, food, beverages, cigarettes or smoking materials, newspapers or magazines.
- You shall not bring into Principality Stadium, or display, or distribute (whether for free or with a charge) at Principality Stadium any sponsorship, promotional or marketing materials.
J. DATA PROTECTION
K. REFUNDS AND CANCELLATION
- Tickets are non-refundable and non-transferable and specific to the Climb time which you have booked as stated on the Ticket. Tickets cannot be cancelled once they have been booked except by us in accordance with this clause (K).
- We will use reasonable endeavours to ensure that SCALE is open for use by Climbers during normal opening hours. However, we reserve the right, in our absolute discretion, to close SCALE whether for safety reasons or otherwise, including, without limitation, as a result of extreme weather conditions or other reasons of Force Majeure (as defined in clause L.9) and with or without prior notice, to close SCALE or any part of it.
- It is your responsibility to check that your Climb has not been cancelled. Information on such matters will be made available as soon as reasonably practicable on the SCALE website at https://www.scalethestadium.wales and/or at Principality Stadium itself. You are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation can sometimes arise immediately prior to Climb.
- If we close a Climb other than because of your acts or omissions then provided less than 50% of the Climb was completed before cancellation, the Climb will be re-scheduled to a time which you are able to attend or you will be reimbursed if you are unable to attend a rescheduled time. If you are not able to attend at an alternative time we shall have no liability to you whatsoever other than to refund the price paid for the Tickets which you have purchased (less delivery costs where the Tickets have been delivered to you) including, without limitation, no liability for travel or accommodation expenses. Where you have purchased your Ticket from an authorised ticket agent you must apply to the point of sale for refund in accordance with the ticket agent’s terms and conditions.
- The Stadium Retractable Roof does not form part of the SCALE experience and is part of the working stadium. Therefore, if closed during your visit to any of the Climbs, it does not entitle you to a refund.
- In order to claim your refund, you must return your Tickets to us within 30 days following the cancellation. Refunds will only be made to the person who purchased the Tickets.
- Tickets will only be refunded for the reasons set out in clause K(4) above or otherwise at our absolute discretion but for the avoidance of doubt will not be refunded where:-
- admission has been refused, you have been ejected and/or the Climb has been closed due to:
- your acts or omissions or those of any child under your supervision;
- your failure to adhere to or meet the requirements set out in clauses (D), (E) and/or (F);
- your breach of these Terms and Conditions or your failure to adhere to the Safety Rules and Policies or the Safety Briefing or the instructions of your Climb Guide or any other health and safety guidelines issued by us or our contractors;
- your late arrival for your Climb;
- you having special access requirements of which you have failed to notify us in advance and we are unable to accommodate your requirements on the day of your visit and we reasonably believe that to allow entrance to SCALE would jeopardise your health and safety or that of other Climbers;
- your failure to adhere to the advice set out in clause D(d) and our reasonable belief that to allow entrance to SCALE would jeopardise your health and safety or that of other Climbers;
- you decide you do not wish to participate in SCALE due to the weather, where SCALE is open;
- you change your mind about wishing to participate in the Climb on arrival or once you have commenced the Climb;
- any other grounds set out in these Terms and Conditions where we specify that a refund will not be made including without limitation, for any reason as set out in clauses (D) (E) and/or (F);
- admission has been refused, you have been ejected and/or the Climb has been closed due to:
- Nothing in these Terms and Conditions shall exclude liability for death or personal injury for which liability cannot legally be excluded, limited or modified.
- Subject to clause L.1 above, express or implied guarantees, warranties, indemnities or representations are expressly excluded to the maximum extent permitted by law.
- If any guarantee, warranty or other condition implied or express under these Terms and Conditions cannot be excluded and/or if we are otherwise liable to you in any way whatsoever, then our liability will be limited at our discretion to rebooking your Tickets or, where this is not possible, the refund of the face price of the Tickets you have purchased and any service charges applicable to those Tickets but not the delivery fee where the Tickets have already been delivered to you.
- You agree that neither we nor our holding companies or subsidiaries or any subsidiaries of our holding companies, our contractors, sub-contractors, agents or professional advisors or our respective employees or officers (the “Operators”) will be liable for any loss, injury or damage to any person (including you) or property however caused: (a) in any circumstances where there is no legal duty of care owed by an Operator or there is no breach of a legal duty of care owed by an Operator or (b) to the extent that any increase in any loss or damage results from breach by you of any of these Terms and Conditions and/or your negligence.
- You agree that no Operator shall be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with SCALE and/or our obligations hereunder including but not limited to loss of profit, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) this agreement.
- You agree that no Operator will have any liability to you whatsoever for expenses incurred in connection with SCALE or any cancellation or refusal of admission to or rejection from SCALE, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to SCALE or cancellation of SCALE.
- No Operators will have any liability to you whatsoever for damage caused to any goods or items which are taken by you onto SCALE or left in lockers provided by us and all such items are brought and left at your own risk.
- To the fullest extent permitted by law, we exclude liability for loss, damage or injury arising from any breach by you of these Terms and Conditions; any failure to adhere to the directions or instructions of your Climb Guide the Safety Rules and Policies or the Safety Briefing any pre-existing medical or psychological condition including any condition which may be aggravated by the Climb; any delay in a scheduled Climb; any lack of visibility on SCALE due to weather conditions; any medical condition, such as vertigo, which you may develop as a result of visiting SCALE; any distress, inconvenience or anxiety caused during the course of SCALE and/or any evacuation of SCALE in the event of an incident.
- For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond our or our contractors’ control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, pandemic, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. Save as otherwise set out in clause K, neither we nor our contractors will be liable to you for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.
- You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach of these Terms and Conditions or your acts or omissions, whether negligent or otherwise.
- The information contained on the SCALE website and our booking system is believed to be correct. However, we are unable to accept responsibility for any errors or omissions and reserve the right to amend any part of it if such alterations are thought to be necessary. The photographs produced on this website and the online booking system are intended to give a general impression of SCALE and what you may expect from your experience, however, they are not intended to exactly represent your experience and are included for illustrative purposes only.
- To the fullest extent permissible in law, we shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
- If we delay or fail to enforce any of these Terms and Conditions it shall not mean that we have waived our right to do so.
- Any person, other than MSAE, who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
- Nothing in these Terms and Conditions and no action taken by you or us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between you and us.
- These Terms and Conditions constitute the entire agreement between the parties in connection to the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and us relating to the subject matter of these Terms and Conditions. However, nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
- These Terms and Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the Welsh Courts.