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Terms & Conditions
Definitions and Interpretations
These
terms and conditions set out the obligations and commitments between the
parties in respect of any booking contract that is entered into. This
document will form part of that contract. It is hereby expressly agreed
that the Parties have read, understood and accepted the terms herein and
have indicated the same by signing the booking confirmation form.
(a)
“The Company”
for the
purposes of this document shall mean “Buzz Pursuits Limited” and
any trading name allocated with it.
(b)
“You”, “Your”
or “Party”
shall mean the person or persons referred to in the booking
confirmation (or any of them including the Lead Customer)
(c)
“The Booking”
shall be
a document completed and signed by you detailing all particulars
relevant to the type of event or activity, location and cost together
with the name and address of the Lead Customer.
(d)
“In
writing” shall mean any written or typed document whether written or
delivered by fax, e-mail or letter.
(e)
“The Lead Customer”
shall
mean the person or persons who makes the booking on behalf of himself or
a party and shall be the Company’s point of contact at all times (and
any substitute of the person)
(f)
“Arrangements”
shall mean any accommodation, meals, facilities and services(or any
of them) booked by you through the Company pursuant to this agreement or
any other agreement been the Company and you.
(g)
“Force Majeure”
shall
mean any event or arrangement which the Company or the supplier of the
services in question could not, even with all due care and attention,
foresee or avoid. Such events may include by are by no means limited too
war, threat of war, riot, civil strife or disobedience, actual or
threatened terrorist activity, industrial dispute, natural or nuclear
disaster, adverse weather conditions, fire or all similar events which
are outside the Company’s control or the control of the supplier
concerned.
(h)
“The Supplier”
shall
mean the person or persons, company or companies who undertake the
supply of activities or who provide a service in relation thereto.
(i)
“The Site”
shall mean the area or areas of land set-aside for
events and activities and shall be at such location or locations as the
Company deem in its sole discretion necessary to fulfil the booking.
(j)
“Extra Charges”
shall
mean those charges which are not included in the original cost of the
booking and shall be applicable in the event of you changing, adopting
or in any adapting any event or activity that is not offered as a
standard package.
(k)
“Standard Package”
shall
mean those events or activities that are offered on our website in the
form they are offered.
(l)
“Taylor Made Package”
shall
mean a standard package which has been changed, adopted or adapted at
the request of the Lead Customer of any or all events or activities and
will result in any extra charge being applied.
1.The
Booking
On
completion of the Booking form in writing and sending the same to the
Company we will confirm your booking arrangements by sending to you a
confirmation letter. Once this letter has been sent a
non-refundable deposit will be payable of 25% of the total costs
and a binding contract including these terms and conditions will come
into existence between the Company and the Lead Customer. No binding
contract shall come into existence until such times as the deposit is
paid. By completing the booking form you are deemed to have read,
understood and accepted the terms and conditions herein.
It is
hereby expressly agreed between the Parties that the Lead Customer has
the authority to act on his/her own behalf and on behalf of his/her
party or group and that the Lead Customer will be responsible for making
all payments in respect of him/herself and party or group. Should the
Lead Customer change then you should notify the Company immediately.
Until such times as the replacement Lead Customer has signed a new
contract the existing Lead Customer shall remain liable for all
payments. The Lead Customer must be a minimum of 18 years old at the
time of booking and entering this contract and for the avoidance of
doubt by signing this contract the Lead Customer warrants that he/she is
18 years old.
Upon
receipt of all booking documentation the Lead Customer should read the
same carefully ensuring that the activity or event booked is the one the
party wish to undertake in the event that amendments have to be made
providing such amendments are as a result of an error on behalf of the
Company then no extra charge will be applied. In the likely event that
error has occurred by you then any amendment that is made may result on
an extra charge being applied. The application of any extra charge shall
be at the sole discretion of the Company who decision shall be final.
2.
Payment of Amounts Due
The Lead
Customer must pay upon the receipt of the booking confirmation a
minimum0 deposit of 25% of the total charge for the events or
activities. The Company’s booking confirmation will indicate the total
price of the arrangements and the balance due and payable. The balance
outstanding must be paid no less than 14 days prior to the event or
activity. If the booking is made within 14 days of the event or
activity, then the full amount will become payable on booking. Payments
can be made by way of cheque, cash, credit card or debit card. Should
payments be made by way of credit card then the Company reserves the
right to charge a handling fee of 2.5% of the amount paid. In the case
of payment being made by way of cheque, cash or debit card no handling
fees will apply. In the event that payment is made by cheque not
contract will come into existence until such times as the cheque has
cleared.
In the
event that the balance payable remains unpaid the company will inform
you that payment is overdue. If payment is not paid by at least 3 days
before the booked events or activities then the company reserve the
right to cancel the events or activities and forfeit the deposit without
further notice to you. If you have not notified the company in writing
that you are unable to attend at the location on the day or dates booked
then the company reserves the right to apply extra charges as set out in
clause ( ) below.
3.
Special Requests
If you
have any special requests then you must advise us in writing at the time
of booking. The company will use its best endeavours to comply or
request compliance by its supplier of any reasonable requests. The
company regret that it is unable to guarantee any request until such
requests have been confirmed by it in writing. For your own protection
you must ensure that we have been notified and that you have received
confirmation from us that the request will be included in your events or
activities. The company will not be held responsible for any special
requests that have not be notified and confirmed by it in writing. Any
special requests will attract an extra charge and the company reserves
the right to apply those charges as its sole discretion which decision
shall be final.
4.
Pricing Policy
All
prices quoted are correct at the time given. It is however possible
those prices may change or be subject to amendment. The company will at
its earliest opportunity advise you in writing of any price change,
amendment or pricing error prior to your booking confirmation and the
company hereby expressly reserves the right to make any changes relating
to pricing at any time prior to the completion of the booking
confirmation. Once the booking confirmation has been received by you the
company will guarantee that the price quoted with remain the same
without any change or amendment unless clause (3) above is applicable in
which case extra charges will be added and notified to you in writing.
5.
Website and Quote Descriptions
Whilst
every effort is made to ensure that all website and quote descriptions
are accurate they are made in good faith. However, errors may occur and
the company will cannot not accept any liability for such errors or
omissions, except where these have occurred through negligence by the
Company or any employee thereof (whilst acting in his/her course of
employment at the time). We specifically reserve the right to make
changes to or correct errors of any website or description quote at any
time without notice.
6.
Changes and Cancellations by the Company
Occasionally, the company have to make changes to and correct errors in
the website and other literature both before and after bookings have
been confirmed and cancel confirmed bookings, whilst the company
endeavour to avoid making such changes or cancellations we expressly
reserve the right to do so.
In the
event that the changes are so significant as to make the events or
activities impracticable or that a total cancellation of the events or
activities occur in their entirety after you have made a confirmed
booking we will advise you in writing. And offer you the following
alternative arrangements
(a)
You will accept an alternative day or days , location or
locations
(b)
You will accept an alternative events or activities
(c)
You will purchase from us new events or activities as the
same rate and on the same terms as the previous booking where available
(d)
Cancel or accept the cancellation and receive a full refund
The
company will not be held liable for any consequential loss howsoever
arising as a result of a significant change or cancellation
Kindly
note that options (a),(b),(c) and (d) are not available to you if the
company believes in its sole discretion that the change is not
significant.
In the
event the company has paid out extra premiums of insurance or made any
payments to third parties in respect of the booked events or activities
then these sums will not be refunded.
If on a
rebooking the numbers of the participants have been reduced to below the
number originally booked then the company reserves the right to apply a
forfeit charge to those participants who have dropped out. The forfeit
charged with be based on a 50% charge of the value of the events or
activities that those participants who have dropped out were going to
undertake
7.
Weather Conditions
The
company does not control the weather and for this reason any provision
of favourable weather to allow you or your party to undertake your
particular event or activity does not form any part of this agreement.
In the event that the weather is so poor as to prohibit your event or
activity from taking place then the company reserves the right in its
sole discretion to cancel or offer you an alternative similar event or
activity in place of the event or activity cancelled. No payment, refund
or compensation will be payable to you regarding the alternative
arrangements.
In the
event of cancellation of the entire booking then clause 6 (a),(b),(c)
and (d) will apply.
8.
Changes and Cancellations made by you
Should
you wish to change your booking in any way the company will try and
comply with any reasonable request but cannot guarantee that changes can
be made. Where the company have been notified of any changes prior to
issuing a confirmation of booking no charge will be made. In the event
that changes have been made after the issuing of the confirmation letter
then clause 6 will apply.
Where the
price you have been quoted is depended upon the number of participants
if that number falls below the number quoted then no refund will be
given. If however, numbers are increased then a further charge will
added to the quote and a new letter of confirmation will be sent and you
will be required to pay the increased price.
In the
event you wish to cancel all or part of your events or activities then
the following charges will apply:-
(a)
Notification received by the company in writing within
14-28 days of event or activity taken place your deposit will be
forfeited to defray charges incurred by the company.
(b)
Notification received by the company in writing of less
than 14 days full the balance will be payable without exception.
You are
advised to insure your event or activity then in the event that
cancellation occurs you may be able to recover the costs charged from
your insurance company. The Company are able to arrange such insurance
if requested for which a premium is payable..
9.
Force Majeure
Except
where expressly stated in these booking conditions the company regret
they are unable to accept any liability or pay any compensation where
the performance or prompt performance of the company’ obligations under
this contract are prevented or affected by Force Majeure. Moreover, the
company cannot accept any liability where you suffer damage or loss as a
result of Force Majeure.
10.
Company Liability
(a)The
company contract with you and the service it provide is to arrange and
book your events or activities for you. It undertakes to use all
reasonable skill and care in arranging and booking your events or
activities. In certain circumstances the company or one of its
associates may actually provide the event or activity. However, the
company are not responsible for the acts or omissions of third party
suppliers or any of their employees, sub-contractors or agents. It is
your responsibility to show that all reasonable skill and care had not
been used if you wish to make a claim against the company. The company
do not exclude any liability for death or personal injury arising as a
result of the company’s negligence or that of their employees providing
they were at all times acting in the course of their employment with the
company.
Kindly
note that sub clauses (b) (e) below are subject to and without prejudice
to sub clause (1) above.
(b) The
company will not be held responsible for any injury, illness, death
consequential loss arising therefrom, damage, expense cost or other sum
or claim of any description whatsoever which results from any of the
following:-
(i)
the act[s] and/or omission(s) of any person(s) affected or
any members of your party or group: or
(ii)
the act[s] and/or omission(s) of a third party not
connected with the provision of events or activities and which were
unforeseeable or unavoidable
(iii)
Force Majeure
(c) The
company cannot accept any responsibility for any services which do not
form part of your contract, This includes any additional services or
facilities which your third party supplier agrees to provide for you
that the company have not booked or arranged on your behalf including
any excursion that may be arranged for you during your visit. In
addition regardless of any wording used on the company website, in any
of our quotes or elsewhere, the company only promise to use all
reasonable skill and care as set out above and it does not have any
greater or different liability to you.
(d) The
company limit the maximum amount that it may have to pay to you for any
claims make against it. For all claims which do not involve death or
personal injury, if we are found liable to you on any basis the maximum
amount we will have to pay you is twice the value of your booking
(excluding insurance premiums and amendment charges)
(e)
Kindly note that we cannot accept any liability for any damage, loss,
expense or other sum(s) of any description (i) which on the basis of the
information given to us by you concerning your booking prior to the
company confirming the same, the company or its employees could not have
foreseen that you would suffer or incur if we breached this contract
with you or (ii) which did not result from any breach of this agreement
with you or other fault by the company or its employees. Additionally
the company do not accept any liability for any consequential loss
damage including any business losses.
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Insurance
You are
advised to take out additional adequate personal insurance for your own
protection. Such insurance should cover you for injury, accidental loss,
accident and illness. The company emphasises that some of the events
and activities which may be booked by you are by their very nature
inherently dangerous and by participating in these you assume the
inherent risks involved. The company cannot accept any liability for any
injury or loss suffered by you other than expressly set out in these
terms and conditions. It is for this reason that the company request
that you be fully and absolutely insured. Should you participate in any
event or activity which does not form part of this agreement then you do
so entirely at your own risk and it is your responsibility to obtain
adequate insurance. Please contact your insurance and get confirmation
that you are covered to participate in the events and activities booked
for you.
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Behaviour
(a) The
company may terminate your events or activities if your behaviour or
that of any individual or your party or group as a whole is likely to
cause distress, damage or annoyance to any other customers, members of
other parties or groups, employees, property or anyone else. In the
event that you or an individual or party or group are prevented from
participating in any event or activity because the company its
representative or person in authority believes that you or any of the
aforementioned appear unfit or are likely to cause discomfort to or
disturb other participants you will not be able to complete you event or
activity and the company will not be liable for any refund, compensation
or any costs you may have to pay. The company cannot accept liability
for the behaviour of others which may or may not cause disturbance to
you or your party. Any person or persons who cause or appear to cause
any disturbance, distress or discomfort to anyone participating or
watching shall be requested to leave the site.
(b) The
company can in its sole discretion refuse the right to any individual,
group or party to participate in any event or activity who appears to be
suffering from the effects of alcohol or drugs. In the event that a
person or group or party are found to be so suffering they will be
requested to leave. No refund or compensation will become payable as a
result.
(c) The
company can in it sole discretion refuse the right of any individual
group or party from participating in any event or activity if their
behaviour is so reckless or dangerous that it is likely to cause an
accident or damage to any person or to the equipment supplied. Any
damage caused by such reckless behaviour will result in the offender(s)
being requested to leave and he/she will be charged full retail price
for any repairs necessary to any equipment and any loss of business
appertaining thereto.
(d) The
Lead Customer agrees to ensure that all members of the group or party
act at all times in a safe and reasonable manner and comply with all
safety procedures, listen and be present to all safety and information
briefings which are relevant to the events or activities to be
undertaken. And to ensure that he/she makes the company, company
supervisor or other employee in authority aware of any equipment or site
deficiencies or concerns, top dress suitably for the events or
activities and to follow the instructions of any person in authority
acting on the company’s behalf in respect of any law, regulation
request and conditions for use relating to any piece of equipment
supplied for the event or activity.
13.Health
Some
events or activities that you have booked will require good general
level of fitness, strength and endurance. It is your responsibility to
ensure that you and your group or party have the appropriate levels.
Many of the company’s events are not suitable or recommended for those
with any disability, illness or infirmity. If you or any member of your
group or party have an existing medical condition, allergies or
disability which may affect the proper participation of the event or
activity you should immediately advise the company’s booking agent prior
to making any booking It will be at the company’s sole discretion if at
the time of booking you advise it that you or a member of your party or
group is suffering from any disability whether to accept or reject the
booking if in the opinion of the company booking agent that such
disability will seriously affect you or your enjoyment of the events or
activities and as a result of your activity may pose an unacceptable
risk or danger to others participating. In the event the company’s
agents is not informed of any disability illness or infirmity at the
time of booking and it is subsequently discovered that a member of the
party or group is so suffering then it will be at the company’s sole
discretion to cancel the booking in its entirely and make no refund or
offer no compensation in place thereof.
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Terms & Conditions of other Suppliers
In the
event that the company has not undertaken to actually provide the event
or activity but has placed such booking with a third party then it is
your responsibility to request us to obtain a copy of their standard
terms and conditions of business. We will not be held responsible for
any exclusions limitations other unfavourable terms and conditions that
are imposed upon you or your part or group by any third party
irrespective if those terms and conditions are illegal.
The
Company shall not be held responsible for any loss or damage howsoever
caused on any third party site as any result of third party or their
employee’s negligence.
15
Rights of Third Parties
The
company hereby exclude any rights that other party may have in elation
to this agreement under the Contract (Rights of Third Parties) Act 1999.
16
Law and Jurisdiction
This
agreement and all matters arising out of it shall be construed and
governed according to the law of England and shall be subject to the
exclusive jurisdiction of the Courts of England & Wales
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