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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.
11 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.
12 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.
14 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 |