Capture and Create Terms and Conditions 2018
Capture and Create manage a wide variety of workshops throughout the year. The following provides important information concerning our terms and conditions, policies and procedures and any request to cancel, substitute another participant or request a refund of fees for our holidays, retreats, workshops and/or shorter courses.
No contract is entered into until Capture and Create has received the completed booking form and the payment of the deposit. Deposits are variable and dependent on the total workshop, course, retreat or holiday price.
All initial deposits are non-refundable. The balance of any payments is sent to you 28 days in advance for short courses or workshops and 90 days prior to departure for 1 week or more holidays or retreats. If a booking is made after that time the payment must be made in full.
If any balance payments are not made, Capture and Create reserves the right to cancel your booking and apply a cancellation fee (see Cancellations by Clients below). You will be contacted prior to this action.
Alterations to workshops and courses
Whilst Capture and Create will make every effort to ensure that the specified itinerary and hotel accommodation is adhered to, we reserve the right to make any variation as necessary. All registrants will be notified of any changes accordingly. Capture and Create retain the right to alter the price of any workshop or course before entering into a contract with the client.
Cancellations by Clients (Refund Requested) for holidays and retreats
You may cancel your holiday at any time provided that the person completing and signing the booking form confirms the cancellation in writing. The following scales will apply to cover administrative charges and pre-payments made by us.
Cancellations (Refund Requested) for holidays and retreats
You may cancel your holiday or retreat at any time provided that the registrant requesting a refund sends confirmation in writing via email to the defined address that is provided in your Online Registration Receipt and Registration Confirmation Email but the following cancellation policy deadlines will apply.
Standard Cancellation Policy deadlines - 1 and 2-week retreats
- If you cancel up to 90 days before the course start date you will get an 50% refund.
- If you cancel up to 65 days before the course start date you will get a 20% refund.
- If you cancel after 65 days before the course start date, you will not get any refund, however: Capture and Create will endeavour to resell any tour to minimise the loss to the individual but we cannot guarantee that the tour place will be resold. There is a 10% (or £300) charge for this service whichever is the greater. If you are able to fill your space (also see Replacements below), we will subtract a 10% (or £300) service charge due to the administration involved in managing this.
Cancellation Policy deadlines - 1 and 2 days workshops
For 1 and 2 day workshops, a request for cancellation (and refund) will only be accepted up to 28 business days prior to the workshop. Capture and Create make commitments to their suppliers of the premises and making last minute changes will usually result in additional labour, costs or penalties for them. If the cancellation request is received after the deadline, we cannot issue a refund and would suggest that you try and find your own replacement (also see below).
All approved refunds are subject to an administration fee to offset our management charges. This fee is based on the per person deposit fee for the event or program:
- £00 to £50 – £10.00 administration fee;
- £50.01 to £100 – £15.00 administration fee
- £100.01 or higher – administration fee equal to 15% of the deposit.
Registrants who cannot attend an event are encouraged to provide a substitute participant to attend in his/her place. A written notification of a replacement participant will be accepted by email up to 24 hours prior to the workshop. When signing in at the event, the replacement participant must bring a copy of the Online Registration Receipt or the Registration Confirmation Email with them to the workshop.
Cancellation by Capture and Create
If Capture and Create cancels a workshop or retreat, all registrants will receive a full refund of fees paid (no administration charge) no later than 4 business days following the scheduled date of the event.
All refunds will only be made using the original form of payment. For example, if you registered using Paypal, any refund will be credited back via Paypal, similarly for a BACs payment.
Additional Capture and Create Policies
Any of the above policies may be further expanded – Any event outside of Capture and Create's control will have details clearly written on the product information page.
Some of our hotels may also have different and/or additional terms and conditions and cancellation policies to others; these will again be clearly identified in the product details.
Travel insurance is mandatory for all attendees to Capture and Create holidays and retreats and needs to cover:
- Any medical emergencies or accidents before, during and in transit to the workshop or retreat.
- Any situation which would require you to cancel the tour before or during the trip.
- Any loss or damage to your luggage or photography equipment.
Capture and Create will require a copy of your Insurance at least 56 days prior to the start date of your workshop or course
Capture and Create undertakes to ensure that every care is taken with the safety and security of its clients. However, Capture and Create cannot be held liable for events outside its control.
In the event of severe weather, Capture and Create reserve the right to amend day to day activities in order to ensure that both tutor and client safety is not compromised.
AGREEMENT BETWEEN USER AND CAPTURE AND CREATE
Capture and Create reserves the right to change the terms, conditions, and notices under which the Capture and Create Web Site is offered, including but not limited to the charges associated with the use of the Capture and Create Web Site. Your use of the Capture and Create Web Site constitutes your agreement to all such terms, conditions, and notices.
You should, therefore, check back on a regular basis to ensure that you are happy with any changes made.
The Capture and Create Web Site is comprised of various Web pages operated by Capture and Create.
LINKS TO THIRD PARTY SITES
The Capture and Create Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Capture and Create and Capture and Create is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Capture and Create is not responsible for webcasting or any other form of transmission received from any Linked Site. Capture and Create is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capture and Create for the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Capture and Create Web Site, you warrant to Capture and Create that you will not use the Capture and Create Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Capture and Create Web Site in any manner which could damage, disable, overburden, or impair the Capture and Create Web Site or interfere with any other party’s use and enjoyment of the Capture and Create Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Capture and Create Web Sites.
USE OF COMMUNICATION SERVICES
The Capture and Create Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
Capture and Create has no obligation to monitor the Communication Services. However, Capture and Create reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Capture and Create reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Capture and Create reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Capture and Create sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Capture and Create does not control or endorse the content, messages or information found in any Communication Service and, therefore, Capture and Create specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Capture and Create spokespersons, and their views do not necessarily reflect those of Capture and Create.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO CAPTURE AND CREATE OR POSTED AT ANY CAPTURE AND CREATE’S WEBSITE
Capture and Create does not claim ownership of the materials you provide to Capture and Create (including feedback and suggestions) or post, upload, input or submit to any Capture and Create Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Capture and Create, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Capture and Create is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Capture and Create sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the Capture and Create website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Capture and Create and/or its suppliers may make improvements and/or changes in the Capture and Create web site at any time. Advice received via the Capture and Create web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Capture and Create and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Capture and Create website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Capture and Create and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Service contact: firstname.lastname@example.org
Capture and Create reserves the right, in its sole discretion, to terminate your access to the Capture and Create Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the British Isle. In all disputes arising out of or relating to the use of the Capture and Create Web Site. Use of the Capture and Create Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capture and Create as a result of this agreement or use of the Capture and Create Web Site. Capture and Create performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Capture and Create right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Capture and Create Web Site or information provided to or gathered by Capture and Create with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capture and Create with respect to the Capture and Create Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capture and Create with respect to the Capture and Create Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Capture and Create Web Site are: Copyright 2018 by Capture and Create. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
When browsing our website we may collect certain information from you which could include the following:
Name and Salutation, contact details including email address, demographic information such as postcode, preferences and interests and survey information.
Any information we gather will only be used by Capture and Create to ensure that we are providing you with the best service possible and for understanding our customers' needs and products.
The majority of our data will be held electronically and will be kept confidential at all times. Any information that is printed out will be shredded and disposed of securely when no longer required.
We promise not to disclose any information what so ever to any third parties
INFORMATION WE MAY SEND
We may send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. Should you not wish to receive this information or be deleted from our mailing list please click on the link at the end of the email to un-register.
We may contact you by email, phone, fax or mail.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
If you have previously agreed with us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us via the contact form
We will not sell, distribute or lease your personal information to third parties unless we are required by law to do so.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Capture and Create at 89 Sandyhurst Lane, Ashford, Kent. TN25 4NU. Or email us at: email@example.com.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
OUR CRUISE HOLIDAYS
Our cruise holidays are managed by our Co-operative partners Cruise Holidays UK
Cruise Holidays is a trading name of The Co-op Consortium which is part of The Midcounties Co-operative Limited. Cruise Holidays are members of ABTA with ABTA number P6503. Their air holiday packages shown are ATOL protected by the Civil Aviation Authority as they act as agent for licensed cruise operators. The names and ATOL numbers of these cruise operators are displayed with each holiday shown. Cruise Holidays also offer their own air holidays and their ATOL number is 6053. ATOL protection does not apply to all holidays shown on this website. Please ask us to confirm what protection may apply to your booking.
Other useful information
In order to ensure prompt refunds, your assistance in providing us with booking form details (as described above and elsewhere on your booking documentation) will be greatly appreciated.
We cannot view and do not require, your credit card number (that information is encrypted & protected) to perform a refund transaction.
* Please do NOT put any credit card information in an email or any non-secure electronic (or otherwise) communication *