Terms and Conditions

These terms

  1. These are the terms and conditions on which we take bookings for and provide to you our guided tours and workshops.
  2. Please read these terms carefully before you make your booking with us. These terms tell you who we are, how we will take your booking and provide the tour/workshop, how the contract between you and us is formed, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or wish to request any changes, please contact us to discuss.
  3. Please note, some parts of these terms only apply to consumers and other parts only apply to business customers. We will make it clear if this is the case. You are a consumer if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession. You are a business customer if you are acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf.

Information about us and how to contact us

  1. We are Wild Ken Hill, trading as Wild Ken Hill Ltd (Company Number 13063404) which is owned by the Buscall family. Our postal address is The Estate Office, Heacham Bottom Farm, Lynn Road, Snettisham, King’s Lynn, Norfolk PE31 7PQ. 
  2. We operate Wild Ken Hill Ltd from Heacham Bottom Farm, Lynn Road, Snettisham, King’s Lynn, Norfolk PE31 7PQ, where we make our campsite, buildings and grounds available for hire only on these terms or as otherwise agreed in writing.
  3. You can contact us by telephoning our customer service team on 01485 572747 by writing to our customer service team at [email protected] or the address given in paragraph 2.2.
  4. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the booking form.  If you need to change the address provided to us at the time of booking, please contact us by telephone or email.
  5. When we use the words “writing” or “written” in these terms, this includes emails.

Confirming your booking

  1. To make a booking, you will need to complete the booking form on our website and pay the quoted price in full (as displayed on our website). Your booking is only considered to be accepted and confirmed when we email you to confirm that we have accepted your booking (the booking confirmation) at which point the contract between you and us will be formed.
  2. The booking form will clearly state:
    1. what dates you have booked a guided tour and/or workshop;
    2. time of day;
    3. the number of people attending the guided tour and/or workshop.
  3. Please ensure all the information on the booking form is correct before agreeing to these terms and making payment.
  4. If we are unable to accept your booking, we will inform you of this and will return any payment made taking at the time of submission of your booking form. This might be, for example, because our campsite or venue is already booked, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of your booking, because we are unable to meet a date you have specified, or because we consider your proposed booking may damage our reputation or image – we do not accept bookings from any hen parties, stag dos or other large groups (exceeding 12 people), and we do not permit groups who are under 16 years of age without an adult present.
  5. We will assign an booking reference to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.

If you are a business customer

  1. This paragraph 4 only applies if you are a business customer
  2. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you book a safari and/or camping and/or venue.
  3. These terms, the booking form, and the final details (provided under paragraph 9) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
  4. You acknowledge that in entering into the contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them
  5. You and we agree that neither you nor us shall have any claim for innocent or negligent misrepresentation based on any statement in the contract.

Price and payment

  1. Our online booking form indicates the total price of your guided tour and/or workshop (which includes VAT). This will include any additional extras you have chosen to add.  We take all reasonable care to ensure that the prices of our tours and workshops advised to you are correct. However please see paragraph 5.3 for what happens if we discover an error in the price of the services you order. 
  2. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
  3. It is always possible that, despite our best efforts, some of the tours and workshops we offer may be incorrectly priced. We will normally check prices before accepting your booking so that, where the service’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the service’s correct price at your booking date is higher than the price stated on our website, we will contact you for your instructions before we accept your booking.  If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the booking.
  4. We will take payment in full for the booking to secure your place on the tour or workshop.  We are also able to take payment from you by card, over the phone or provide you with a hard copy invoice. Your booking will not be confirmed until we have issued you with a booking confirmation – see paragraph 3.1.
  5. We accept payments made online, through our website, or over the phone.
  6. All bookings are non-refundable, except in the circumstances detailed in paragraph 21.

If you want to make a change to your booking

  1. If you wish to make a change to your booking in any way, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the booking, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We will confirm any changes with you in writing.

If we need to change or postpone your booking

  1. We may change or postpone your booking:
    1. to reflect changes in relevant laws and regulatory requirements;
    2. make changes to the booking and/or services as requested by you or notified by us to you (see paragraph 6);
    3. to implement minor technical adjustments and improvements, for example to address a security threat; or
    4. in response to an event outside our control (see paragraph 21). You understand these changes may affect your booking.
  2. We will contact you in advance to tell you we will be changing your booking or postponing your booking, unless the problem is urgent or an emergency. You may contact us to end the contract for a booking if we postpone your booking and we will refund any sums you have paid in advance for the booking.

Arrival and departure times

  1. If you have booked a guided tour or workshop, you must arrive at the location specified on your booking confirmation no later than 15 minutes before the tour or workshop is due to start.  
  2. Please note, if you arrive later than 15 minutes before the tour or workshop is due to start, the tour or workshop may proceed without you, be cancelled due to non-attendance or the length of time of the tour or workshop may be reduced.  You will not be entitled to any refund, in whole or part, for the booking in these circumstances.

Entry and security

  1. During your booking period, we give you a non-exclusive right to enter and leave the grounds of Wild Ken Hill or Ken Hill Farms & Estate. Nothing in the contract shall be considered to give you a tenancy, nor does the contract confer on you any right to exclude us or those acting on our behalf from Wild Ken Hill or Ken Hill Farms & Estate.
  2. For security reasons and other considerations relating to Wild Ken Hill or Ken Hill Farms & Estate we may, at any time, and for any reason without us incurring liability to you or any third party:
    1. refuse entry to any person, vehicle or piece of equipment into Wild Ken Hill or Ken Hill Farms & Estate and/or its grounds; or
    2. remove any person, vehicle or piece of equipment from Wild Ken Hill or Ken Hill Farms & Estate and/or its grounds.
  3. You and your party must at all times comply with the security and health and safety rules governing conduct at our campsite and safaris, tours and workshops, as well as the instructions of our staff. Because of our rural location, natural hazards, like uneven and slippery surfaces, animal burrows, deep water ponds and ditches are common. Please always exercise care around our site to prevent personal injury.

Guided tours

  1. For guided tours, we operate a 12+ policy, except on our dedicated Family Tour, sold as ‘The Big Picture – Families’. Anyone under the age of 12 will not be permitted to take part on our guided tours, except on our dedicated Family Tour, sold as ‘The Big Picture – Families’
  2. Some guided tours are taken in our vehicles. If for any reason a vehicle is not available for a vehicle-based guided tour, we reserve the right to continue with the guided tour as a walking-only tour. We advise that you and your party wear suitable footwear.
  3. During a vehicle-based guided tour, you must remain in the vehicle at all times, unless your guide informs you otherwise.
  4. For all tours, you must follow all instructions given by our guides.

Animals and pets

  1. Wild Ken Hill or Ken Hill Farms & Estate is home to a large number and diverse range of wildlife (including free-roaming animals). These animals need to be able to roam and interact with each other as freely as possible in our rewilding project and are not domesticated animals or conventional farm livestock. In order to preserve the integrity of their herd behaviour and mentality, we ask that whether you are on a guided tour or workshop, you do not approach or try to touch or feed any of the animals.
  2. You must not bring any animals or pets on guided tours or workshops. Dogs are permitted on designated footpaths only. [Assistance dogs within the meaning of the Equality Act 2010 are exempt from this paragraph 11.2.]

Food and drink

  1. You may bring food and drink (excluding alcohol) on your guided tour or workshop. All waste from food and drink packages must be taken home. 
  2. Alcohol may not be consumed on a guided tour or workshop

Your rights to end the contract

  1. If you are ending a contract for a reason set out further below in this paragraph 13.1 the contract will end immediately and we will refund you in full for any services which have not been provided and if you are a consumer, you may also be entitled to compensation. The reasons are:
    1. we have told you about an upcoming change to your booking or these terms which you do not agree to (see paragraph 7);
    2. we have told you about an error in the price or description of the booking you made with us and you do not wish to proceed;
    3. there is a risk the booking may be significantly delayed because of events outside our control;
    4. we have moved your booking for technical reasons, or notify you we are going to move your booking for technical reasons; or
    5. you have a legal right to end the contract because of something we have done wrong.
  2. If you are not ending the contract for one of the reasons set out in paragraph 13.1, you can still end the contract before your booking date/s, but you will have to pay us compensation. If you want to end the contract in these circumstances, just contact us to let us know. The cancellation will take affect when we receive notice from you in writing that you wish to end the contract.  The contract will end immediately at this point and we will charge you, as compensation for the net costs we will incur as a result of your cancelling the contract, a percentage of the total booking fee calculated from the following table depending on the date on which you end the contract. You may also be charged an administration fee in respect of any refund due. We will advise you of any such fee prior to any refund being made.
Cancellation notice (once received by us) % of total booking fee
More than or exactly 8 weeks before the date of your booking 0%
Less than 8 weeks before the date of your booking 100%

How to cancel a booking with us

  1. To cancel a booking with us, please let us know by either emailing us or writing to us at the contact details listed in paragraph 2.3.  Please provide your name, details of the booking and, where available, your phone number and email address.

Our rights to end the contract

  1. We may end the contract for your booking at any time by writing to you if:
    1. we believe that your booking may include illegal acts or activities, which might contravene our operating licenses, or we consider that your booking may damage the reputation or image of  Wild Ken Hill or Ken Hill Farms & Estate 
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide services relating to your booking; or
    3. You do not comply with any of the terms contained in paragraphs 8 (Arrival Times), 10 (Guided Tours),  11 (Animals) or 12 (Food and Drink – no alcohol on premises) or any other rules our staff make you aware of during your booking.
  2. If we end the contract in the situations set out in paragraph 15.1, you will not be entitled to any refund of your booking fee.
  3. We may need to cancel your booking because of an event outside our control. If that is the case, paragraph 19 will apply.
  4. We may write to you to let you know that we are going to stop providing the services. We will let you know at least [PERIOD] in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

If there is a problem with your booking or the services we provide

  1. If you have any questions or complaints about the services we provide, please contact us. You can telephone our team at 01485 572747  or write to us at [email protected] .
  2. If you are a consumer, the box below sets out a summary of your key legal rights in relation to your booking. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

The Consumer Rights Act 2015 says

  1. you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  2. if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable
  3. if you haven’t agreed a time upfront, it must be carried out within a reasonable time.

Our responsibility for loss or damage suffered by you, if you are a consumer

  1. This paragraph 17 only applies if you are a consumer.
  2. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this 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 booking process.
  3. We are not liable for business losses and, accordingly, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. We do not exclude or limit any liability for which it would be unlawful for us to do so, including but not limited to death or personal injury caused by our negligence, or for our fraud or fraudulent misrepresentation.

Our responsibility for loss or damage suffered by you, if you are a business customer

  1. This paragraph 18 only applies if you are a business customer.
  2. Nothing in these terms limits or excludes our liability for:
  1. death or personal injury caused by our negligence; or
  2. fraud or fraudulent misrepresentation.
  1. We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
    1. any loss of profits, sales, business, or revenue;
    2. loss or corruption of data, information or software;
    3. loss of business opportunity;
    4. loss of anticipated savings;
    5. loss of goodwill;
    6. loss of or damage to property or vehicles belonging to you or your guests, however caused; or
    7. any indirect or consequential loss.
  2. Our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the aggregate value of the contract.
  3. Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to your booking and the services we are to provide. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by an event outside our control.
  2. You understand that despite our best efforts, your booking may be affected by an event outside our control. In such circumstances, we may change, postpone, or cancel your booking.
  3. If we have to cancel your booking because of an unforeseen event, we will tell you as far in advance as possible and will arrange for a full refund of all monies paid to us (subject to any applicable administration fee) in respect of your booking (unless it is due to your failure or fault) but will have no other obligation or liability to you.

An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, building works or ground-works

How we may use your personal information

  1. We will use the personal information you provide to us to:
    1. provide the services;
    2. process your payment for such services; 
    3. to provide you with the Wild Ken Hill newsletter, but you may stop receiving these communications at any time by contacting us or unsubscribing; and
    4. if you agreed to this during the booking process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
  2. All personal information stored and used by us is done so in accordance with our Privacy Notice.
  3. We will only give your personal information to third parties where the law either requires or allows us to do so.

 

Other important terms

  1. We may transfer our rights and obligations under these terms to another organisation.
  2. You may only transfer your booking under these terms to another person if we agree to this in writing.
  3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  6. If there is a conflict or inconsistency between these terms and the booking form, the booking form will take precedence.
  7. If you are a consumer, please be aware these terms are governed by English law and you can bring legal proceedings in respect of your booking (and the contract) in the English courts. If you live in Scotland you can bring legal proceedings in respect of your booking (and the contract) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of your booking (and the contract) in either the Northern Irish or the English courts.
  8. If you are a business customer, your booking (and the contract) and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law. We and you both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with your booking (and the contract) or its subject matter.

 

Wild Ken Hill Ltd January 2021