ADVENTURE CONNECTIONS LIMITED
t/a “Office Christmas” and “Adventure Connections”
TERMS AND CONDITIONS
1. Information about us and how to contact us
1.1 We are Adventure Connections Limited a company registered in England and Wales. Our company registration number is 06293444 and our address is the 4 Upper Grain Store, Berwick Court Farm, Berwick, Sussex BN26 5QS. Our registered VAT number is 797 703968. We use the following trading names: Office Christmas, Adventure Connections, Christmas Connections (“Adventure Connections”, “we”, “us”, “our”).
1.2 What we do. We operate the websites www.adventureconnections.co.uk and www.officechristmas.co.uk where you can purchase Tickets, book Accommodation, book Activities and Experiences and book other Services relating to events (drinks vouchers for example) (“the Services”). The term “Ticket(s)” means event tickets (i.e. tickets allocated to us directly by Partners (as defined below) for sale by us). We sell Tickets and the Services on behalf of event organisers, promoters, venues and other persons involved in the organisation of events (“Partners”). We also sell physical items such as food hampers and corporate gifts “Goods”. The term “Products” means any and/or all of the Services, Tickets and Goods. The Products booked via our website (or via our telephone lines) other than Goods are supplied by our trusted network of Partners.
1.3 Tickets. We sell Tickets as and when we receive notification from Partners that they have been made available to us. The number and type of Tickets for each event varies on a case by case basis. We do not control Ticket availability, and Tickets sometimes sell-out or become available at the last minute. Please note: Tickets cannot be exchanged or refunded after purchase (see clause 8 below).
1.4 How to contact us. You can contact us by calling our customer service team at 01273 858206 or by writing to us at email@example.com or the 4 Upper Grain Store, Berwick Court Farm, Berwick, Sussex BN26 5QS
1.5 How we may contact you. 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 your order.
1.6 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. These terms
2.1 What these terms cover. These are the terms and conditions on which we provide the booking/purchase services for the Products. Please note that when you make a booking or purchase a Ticket via our website you will be bound by the relevant Partner Terms and Conditions .
2.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how our Partner will provide the Products to you, 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, please contact us.
2.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in BLUE and those specific to businesses only are in RED.
2.4 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2.5 Nothing in these Terms or our other legal documents affects your statutory rights as a consumer. For further information about your statutory rights, please contact your local Citizens Advice Bureau.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us, and between you and the relevant Partner.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the relevant event or Product has sold out, 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 the Product or because we are unable to meet a date you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We will accept orders for our Partners’ Products via our website or via telephone.
3.5 Prior to placing any orders you must set up a user account with us, by giving us your full name, address, email address and telephone number. You must keep your account details up to date at all times. You are solely responsible for all activity that takes place on your account. You must inform us immediately if you suspect your account is being misused by a third party.
3.6 If you are making purchases as a Business Customer you represent and warrant that you have authority to bind that company or other legal entity.
3.8 You must not use our website or any property booked through it for any unlawful purpose or in any unlawful manner. If we discover or suspect that you have used or are using or attempting the use of our website or any property booked through it for any unlawful purpose we are required by law to report you to the relevant authorities (and relevant Partner).
3.9 We reserve the right to terminate your account and/or cancel any of your orders and/or prohibit you from placing any future orders in future if:
(a) any abusive or threatening behaviour is linked to you or your account;
(b) we suspect unauthorised use of your account;
(c) we are ordered to do so by any legal or regulatory authority; and/or
(d) you otherwise breach these Terms or any other applicable policies (including any Partner terms and conditions).
3.10 PLEASE NOTE: You must be over 18 years of age and able to enter into legally binding contracts to place orders with Us.
3.11 Any purchase from us forms a legally binding contract that is subject to: (i) these Terms; (ii) any special terms and conditions stated to be applicable to a Product at the time of purchase; (iii) terms of the relevant Partner at the time of purchase; and (iv) any venue terms and conditions (including conditions of entry).
3.12 By purchasing any of the Products you acknowledge that you have read, understood and agree to be bound by these Terms, If you do not agree to any of the Terms or any other applicable terms and conditions, you must not make a purchase.
3.13 We reserve the right to make changes to these Terms from time to time. Where we make any such changes we will update the Terms on our website. All purchases are subject to the applicable version of these Terms published at the time of purchase.
3.14 The images of all Products on our website are for illustrative purposes only.
4. Price and payment
4.1 Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you place your order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see clause 4.4 for what happens if we discover an error in the price of the Product you order. Please note that there may be service charges/booking fees and delivery costs on top of the Product price: all of these will be confirmed to you prior to placing your order.
4.2 Some of the Products are priced according to market fluctuations and so the prices may increase or decrease at any time based on demand. You will not be entitled to a refund if (i) the price you paid for a Product was at any time before you purchased your Product less than the price you paid; or (ii) the price of any Products the same or similar to that you bought is/are subsequently reduced after you purchase your Product.
4.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date you receive the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
4.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4.5 When you must pay and how you must pay. We accept payment with all major debit and credit cards (we do not accept Electron and there is a surcharge for company credit cards of 1.8%). We also accept payment by cheque (with a £5 surcharge). Please note that your booking will be confirmed when we are in cleared funds for the relevant amount due upon first booking (as confirmed in your order email). When you must pay depends on what Service you are buying:
(a) For Tickets and Goods, you will be required to pay in full immediately upon placing your order;
(b) For Accommodation you will be required to pay as follows:
(i) if you are booking more than ten weeks in advance of the date of your stay you will be required to pay a deposit of between 25-50
% of the price upon first booking, with the balance payable 8-10 weeks in advance of the date of your stay (as confirmed in your order email);
(ii) if you are booking within eight weeks of the date of your stay the entire price is payable upon booking;
(iii) upon making your booking you may be required to pay us a security/damage deposit (amount to be confirmed upon booking) in respect of accommodation which will be held until your stay is completed and the property has been inspected. Alternatively, we may pre-authorise the security deposit on your card. The deposit will be repaid (subject to any deductions for damage/extra cleaning/service charges; any relevant receipts will be provided) within 10 working days of your departure from the property. Any costs we incur above the security/damage deposit are payable in full immediately on your departure from the property. PLEASE NOTE our/our Partner’s decision on damage/cleaning/repair deductions is final and once a matter has been settled we cannot re-visit it.
(c) For Activities, Experiences, and Extras you will be required to pay in full upon first booking unless we advise otherwise. Please note that all outstanding amounts are due and payable ten weeks before the activity/experience date.
4.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly (ideally within 48 hours of receipt) to let us know. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
4.9 Please ensure that you read the full item description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising due to your mistake.
4.10 Please note that all seating plans, venue maps and charts on our website are for guidance purposes only and reflect the general layout of venues only. Our Partners reserve the right to alter any layout of any venue prior to events.
5. Your rights to make changes
If you wish to make a change to your order 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 order, dates 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.
PLEASE NOTE: All Tickets, and Accommodation and Catering bookings are non-transferable and non-refundable except in accordance with these terms
6. Our rights to make changes
6.1 Minor changes to the Products. We may change the order:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect the Product;
(c) to adapt an event due to illness (e.g. change of a particular performer or supplier at an event).
6.2 More significant changes to the Products and these terms. Sometimes, due to events outside of our control (such as low uptake, inclement weather, fire, flood, act of God, illness, pandemic), Products we sell on behalf of our Partners may be altered, amended or cancelled. If this is the case you will be contacted by us or the relevant Partner and asked to indicate your preferred way forward. PLEASE NOTE: the cancellation and refund terms of the relevant Partner supplying the Product (at the time of your purchase) also apply to each Product you purchase from us.
7. Providing the Products
7.1 Delivery costs. The costs of delivery (if any) will be as confirmed to you prior to purchase. These are non-refundable.
7.2 If the Products are Goods we will contact you to agree a delivery date.
7.3 You are responsible for providing a safe and secure delivery address for any Tickets or Products which may be delivered by any postal or courier service. If you receive notification of a failed delivery please get in touch with us by email at: firstname.lastname@example.org or by telephone on 01273 858206
7.4 If you choose e-delivery as an option please ensure you correctly download your Tickets/ Passes in good time prior to any booking date and provide a valid email address for e-delivery of Tickets and/or passes. NB remember to check your Junk or Spam folder for emails if they are missing.
7.5 We shall not be liable for and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct delivery information.
7.6 We are not responsible for delays outside our control (“Force Majeure”). If supply of the Products is delayed by an event outside our control then we or the relevant Partner will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us and/or the relevant Partner to end the contract and follow our and the relevant Partner’s cancellation and refund policy.
7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, height and weight for certain Activities; allergies or medical conditions for certain catering or beverage Products. If so, this will have been stated in the description of the relevant Product on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
(a) Any Ticket you purchase via our website remains the property of the relevant Partner and is a personal revocable licence which may be withdrawn and admission refused at any time.
(b) Please note that we may not be able to replace lost, damaged or stolen tickets so please keep them safe. You acknowledge that any replacement tickets are at the discretion of the relevant Partner and subject to the Partner terms notified to you at the time of purchase.
(c) Please note that where you have allocated seats you may be moved to seats of a corresponding value to those on your Ticket(s).
(d) Tickets are sold subject to the Partner’s right to alter or vary any programme of events due to reasons beyond their control and any such variation shall not entitle you to a refund unless it is a significant change under clause 6.2.
7.9 Admissions to any venues and/or Activities may be subject to security checks and there may be certain prohibited items (e.g. recording equipment, alcohol, food etc.). Please refer to the relevant Partner terms and those of any venue. If you breach any such rules or terms you may well be refused entry or asked to leave and in such event we shall have no liability.
7.10 By attending any of the events, Services, Activities, or experiences offered by us you consent to being photographed, filmed and/or recorded in relation to the event, Service, Activity or experience and/or for safety and security. You consent to our using the resulting photographs and recordings in our media and advertising. If you object to this please contact us on: email@example.com
7.11 Where you are booking Services on a per person basis, please note that you will be liable to pay for any people over and above the number stated in your booking, together with administration charges. For the avoidance of doubt this also applies to people staying in accommodation above the stated capacity number (and in this instance extra cleaning charges may also be charged). PLEASE NOTE: Where you breach any of the stated terms (ie number of participants, age limit, attire, inappropriate behaviour or otherwise) in relation to Accommodation or a Product we and our Partners reserve the right to refuse entry or participation and you will not be refunded in such circumstances.
8.1 Contracts for Tickets, Accommodation and other leisure services cannot be cancelled, exchanged or refunded after purchase other than in accordance with these terms. If you wish to cancel your order for any other Product, please refer to the remainder of this clause 8 and the relevant Partner terms (those you were referred to on making your purchase). Please note: we are not responsible or liable for refunds or cancellations where funds have been paid by us or by you directly to the relevant Partner – this is why it is important you read the relevant Partner terms highlighted to you upon booking.
8.2 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If your Goods are faulty or misdescribed you may have a legal right to end the contract (or to get the Goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9 if you are a consumer;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.3;
(c) If you are a consumer and have just changed your mind about the Product (other than Excluded Items as defined in clause 8.5(a)), see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.3 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we and/or the relevant Partner will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.4 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, and you have bought Products online (other than Excluded Items as defined in clause 8.5(a)) you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) Tickets, Accommodation, Catering and food and beverages, perishable items, bespoke items (items made to your specification, or made especially for you) and any other Services to which the statutory rights do not apply (“Excluded Items”);
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
8.6 If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) For Services (other than Excluded Items) you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) If you have bought Goods (other than Excluded Items) you have 14 days after the day you (or someone you nominate) receives the Goods.
8.7 PLEASE NOTE: booking fees, delivery charges, card and cheque surcharges and cancellation charges for certain Products (see below) are non-refundable.
8.8 Subject to the remainder of this clause 8, if you wish to cancel an order, please get in touch with us as follows:
(a) Phone or email. Call customer Services on 01273 858206 or by writing to us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the cancellation form on our website.
(c) By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9. How to end the contract with us (including if you are a consumer who has changed their mind) – NB Not applicable to Excluded Items defined in clause 8.5(a)
9.1 Tell us you want to end the contract in one of the ways set out in clause 8.8.
9.2 Returning products after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them, post them back to us at our then current office address or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01273 858206 or email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we or (where funds have been paid to the relevant Partner) the relevant Partner will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. PLEASE NOTE: DELIVERY COSTS WILL ONLY BE REFUNDED WHERE GOODS ARE FAULTY OR MISDESCRIBED
(c) Where the Product is a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the Products are Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, Activity specific information such height/weight, or allergy information for any food and beverage Products.
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. PLEASE NOTE: You will also be liable for any cancellation charges set out in the relevant Partner terms for the Product you purchase at the time of purchase.
11. If there is a problem with the Products
If you have any questions or complaints about the Products, please contact the relevant Partner in the first instance either in person on the relevant day or on the contact details provided to you (unless no contact details have been provided to you, in which case please contact us). Please contact us as soon as possible (ideally within 48hrs of the relevant event/booking) and give as much detail as possible in relation to your query or issue. You can telephone our customer service team on 01273 858206 or by writing to us at firstname.lastname@example.org or the Shire House, Firle, Lewes, Nr Brighton, East Sussex BN8 6LP. If you choose to contact us please be aware that we will refer your comments to the relevant Partner who will deal with your complaint.
12. Your rights in respect of defective Products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is Goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.4.
If your Product is Services, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01273 858206 or email us at email@example.com for a return label or to arrange collection.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery any Products which are Goods shall:
(a) conform in all material respects with their description and any relevant specification; and
(b) be free from material defects in design, material and workmanship.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
These terms shall apply to any repaired or replacement products supplied by us pursuant to clause 13.2.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. 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 sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
14.3 We are not liable for business losses. If you are a consumer we only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
14.4 Subject to clause 14.2, our total liability to you for all losses arising under or in connection with any contract between us whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Services under such contract.
15. Our responsibility for loss or damage suffered by you if you are a business
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of enjoyment or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Products under such contract.
16.1 We will not be liable to you (whether you are a consumer or a business customer), for any loss of enjoyment or amenity or if admission to a venue or Accommodation is refused or revoked as a result of your breach of these Terms or those of any Partner.
16.2 We are not responsible for actions or failures of any Partner. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an Experience, Activity or event, unless caused by our negligence. Neither shall we be liable for any loss or damage to your property or belongings or those of your guests under your booking.
16.3 When you book a Product via our website you enter into an agreement with the relevant Partner and must follow and observe their Terms and Conditions as notified to you upon booking. We are not responsible for the provision of the Product nor the manner in which the Product is provided, nor are we liable for any damage or loss suffered by the participant whilst taking part in the Event/Activity/Experience. The relevant Partner will be entirely responsible and liable for all matters arising out of or in connection with the Product.
All vouchers are issued with an expiry date which cannot be extended. There is an administrative charge of £25 for each and every lost or damaged voucher which requires replacing. Vouchers are non-refundable.
18. How we may use your personal information
19. Other important terms
19.1 External Links. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
19.2 Website. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is, accurate, complete or up to date.
19.3 Your videos, photos and other material. You hereby grant us a royalty-free, non-exclusive license to publish and otherwise use any videos, photographs, or other media you send to us in respect of any Product (“the Material”) in any way that we want, and in any media worldwide.
It's important to note, however, that you still own the copyright to the Material and that if your Material is accepted, we will endeavour to publish your name alongside it on the website. Please note that due to operational reasons this accreditation is unlikely to be possible with video. We cannot guarantee that all pictures and/or video, article, etc will be used and we reserve the right to edit any Material.
19.4 Anti-Slavery. Please see our Anti-Slavery Statement here.
19.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
19.6 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.7 If a court finds part of this contract illegal, the rest will continue in force. 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.
19.8 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
19.9 Special Requests. We want you to have an amazing experience with us. If there is a particular need you or someone in your party has, please let us know. We will endeavour to meet any needs you have, however, our failure to do so will not be a breach of our agreement with you. We do not accept any conditional booking (ie a booking which is dependant upon a particular condition being met).
19.10 Behaviour. Our and our Partner’s staff must be treated with respect. Any abuse or unreasonable behaviour will not be tolerated and we reserve the right to refuse provision of Products to anyone whose behaviour is unacceptable. Anyone whose behaviour, in our or our Partner’s absolute discretion, is unacceptable, will be asked to leave the relevant premises and no refund will be provided. We respectfully ask that no noise is made at any of the accommodation between the hours of 10.30pm and 7am. We reserve the right to deduct any amount from any security/damage deposit as compensation for any such behaviour/noise.
19.11 Online defamation/Reviews. We take enormous pride in our business and the services we offer. If you have an issue with the service you have received please follow the processes set out in these terms and we will endeavour to reach a satisfactory resolution. Any defamatory statements, threats or bullying will be taken extremely seriously by us and will be reported to relevant authorities. We reserve our rights to seek legal advice and injunctive relief in such circumstances where necessary.
19.12 Third Party services. We accept no liability or responsibility for any services you engage from any third party providers. In particular we do not guarantee uninterrupted or glitch-free internet service or broadband connection.
19.13 Insurance. You are responsible for purchasing adequate and appropriate insurance cover for you and all persons in your party in respect of the Services. Please ensure you are fully covered in respect of every activity you are booking (note that some of the Products we offer are by their very nature, dangerous: e.g. Quad-Biking). We accept no liability in respect of any losses you suffer as a result of being uninsured or inadequately insured.
19.14 Safety. You are responsible for following and observing all guidance, safety briefings and safety requirements and for wearing all safety equipment for any Activities/Experiences booked via our website.
19.15 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
19.16 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.