1. YOUR CONTRACT WITH US
If we have issued a Proposal for the Services then you have a reasonable period in which to accept the Proposal provided that in any event it will be deemed to be withdrawn 14 days from the date of issue, unless a shorter timescale is communicated to you by us.
By confirming to us your acceptance of the Proposal in writing you agree and accept the specified scheduling for activities undertaken. Failure to do so may result in entry to an activity being refused or in the curtailment of the duration of the activity. Where you do not adhere to our planned timings as set out in the Proposal (or as otherwise agreed) there may be a negative impact on the smooth running of your itinerary.
Changes By You
All changes must be requested directly with us and not with suppliers. If you make changes directly with suppliers, you may incur costs from both the supplier and from us, and in such circumstances you agree to pay our costs and any cost to us raised by our suppliers. We will attempt to reduce these costs as far as possible.
Changes to Activities And Accommodation Booked By You
Changing to different activities and accommodation from those in the original booking must be confirmed in writing by the Group Leader and must be accompanied by an administration fee of £35 per amendment in addition to any extra costs associated with the revised activity bookings. However, there will be no administration fee, if you ask us to book additional services that do not alter the original booked itinerary, providing they are booked at least 35 days prior to the commencement of your arrangements. In these circumstances you will be required to pay for the additional services only.
Change In The Date Of The Booking
A change of date of the original booking must be requested in writing by the Group Leader and must be accompanied by an administration fee of £75. You will also be required to pay for any additional cost of services and cancellation fees. These additional costs will be communicated to you by us as soon as it is reasonably practicable for us to do so and you shall pay such costs to us within 7 days of such communication unless we notify you otherwise .If you contact us at least 35 days before commencement of the event then we will attempt to make these changes but it may prove difficult to do so and we are under no obligation to do so. All requested changes are subject to availability and if the change is not possible, the booking will not be changed and will be treated as being facilitated by ourselves within these terms. If we are unable to make the requested change, the administration fee will still be chargeable to compensate for our time spent ascertaining the details and availability of the request. Whilst every reasonable effort will be made to accommodate changes and additional requests their availability cannot be guaranteed.
Group Size Amendments
We will reasonably endeavour to amend bookings for any people additional to those in the original booking, subject to availability and costs applicable at the time of booking. If the costs have increased between time of original booking and adding extra people, you are liable to pay for the updated available charge. The addition of extra people within 35 days of the date of the party, when available, will incur an administration fee of up to £35, together with all other related charges and subsequent changes applicable to the additional persons.
Changes By Us
While we will reasonably endeavour to honour all the activities and arrangements as advertised and booked, by entering into this contract you and your group members accept that it may prove necessary or advisable to vary or modify a booking due to prevailing local conditions. We reserve the right at any time to cancel or change any of the facilities, services or prices, including and not limited to accommodation, activities, restaurants, entertainment venues, and to substitute alternative arrangements of comparable monetary value. In such circumstances you will be offered a refund of any monies paid to us (less any reasonable cost incurred by us) where the alternative arrangements are unacceptable. Should a major change become necessary after time of booking, we will endeavour to inform you as soon as reasonably possible, assuming there is time prior to commencement of your arrangements and providing you have given us all the necessary contact details we require. The definition of a major change will depend on the individual booking and circumstances. Usually a major change is when we have to change a date to ensure the event can take place but also includes, but is not limited to, war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, flooding, fire, adverse weather conditions, or any other event that is beyond our reasonable control. When a major change is made, you will have the choice of accepting the change of arrangements or purchasing alternative available arrangements from us.
You may cancel your order within 7 working days of placing it ("Cooling Off Period") by notifying us in writing of your intention to do so, unless you have agreed with us that we may commence the Services prior to the expiry of the Cooling Off Period. We will then refund any monies you have paid to us. After the Cooling off Period has expired you are not permitted to cancel this Agreement without our permission, except where we have breached the terms of this Contract. If you cancel your order without our permission you shall be liable to pay us an administration fee of £30 and you shall be liable to us for our loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, reasonable costs incurred by us prior to cancellation and further administration costs) and such damages shall be paid by you upon such cancellation. We shall use reasonable endeavours to reduce any such damages by an amount to reflect any resale which we are able to achieve as a result of cancellation. You will also forfeit your deposit in such circumstances. We reserve the right to cancel any booking (before commencement of the arrangements) due to health concerns, war or threat of war, civil unrest, acts of terrorism, strikes, industrial disputes, acts of God or any other reason outside of our control that we in our absolute discretion may determine. In such circumstances you will be informed of the cancellation and a full refund of monies paid to us will be made, or credit will be issued and this will be the extent of our liability. We will use reasonable endeavours not to cancel any booking less than 21 days prior to commencement of the arrangements.
6. PRICE AND PAYMENT
The price payable by you is as set out in our Proposal. If, after we have agreed to carry out the Services for you, the cost to us of carrying out the Services increases by reason of any increase in the cost of our suppliers and/or any other factor outside our control then we may increase the price of the Services save that if you are unhappy with the proposed increase then you will have a reasonable opportunity to cancel this contract without penalty. By booking you agree to pay the prices quoted at time of booking together with any prices quoted for amendments to the original booking as requested by you. Without prejudice to paragraph 4 and this paragraph 6, these prices will not increase in any other circumstances except in circumstances where there are variations in tax rates applied by the government (for example, VAT rates) to the booking which we will pass on to you, and you agree to pay this increase. Prices displayed in brochures, communications, websites and advertisements are all available but may be subject to limited availability, date restrictions or conditions.
We will send you an invoice prior to providing the Services. The Group Leader shall ensure that all monies due are collected and paid on time and that everyone within the group is aware of our terms and conditions. Payment will be made in two stages: (i) an initial 20% deposit which secures the booking payable when the booking is accepted and confirmed by us, followed by (ii) payment of the balance of the invoice for the entire group to be paid no less than 35 days prior to commencement of the Services ("Due Date"). Where payment is not received from you in accordance with these terms and conditions, we reserve the right to cancel any bookings with our suppliers in order to ensure that we incur no further expense. Failure to pay the final invoice by the due date will result in cancellation of your booking by us and retention of your deposit. If the commencement date of the booking is within 35 days, full payment must be made at time of booking. We only accept payments in £sterling- anyone booking with us from outside the UK must remit the invoice value to us in the UK in £sterling. All transfer costs and exchange rate fluctuations must be borne by the person booking with us. Our preferred payment method is by internet transfer but we also accept payment by cheque, debit or credit cards. Payment for parties occurring within 3 weeks of booking can only be made by bank transfer. Customary security checks will be made for any payment being proposed by debit or credit card. Payments by credit card will carry an additional charge of 2.5% of the amount being paid. Payments by debit card will incur no additional charge as will payments by bank transfer or cheque. Once a card payment has gone through, the company reserves the right to impose an administration fee of up to £25 in the event of the transaction being rejected, necessitating re-input. This is in addition to the 2.5% charge for credit card payments and is to cover our costs in notifying the customer of the rejected transaction and obtaining payment. If we make a refund of a payment taken on a credit card the refund will include the charge associated with that booking less an administration fee of £1.
Unless we agree otherwise, the deposit payment must be received by us within 5 days of the date of the invoice. If we do not receive payment as required then we will charge you interest on the unpaid amount at the annual rate of 4% above Barclays' base rate for each day that the money remains outstanding. If you pay by cheque and your bank refuses to pay on it then we may charge you for any costs which we incur directly as a result of such refusal (such as bank charges). You shall not withhold or reduce the amount payable by you to us under this contract on account of any complaint unless such complaint has been notified to us in writing and in any event shall only withhold or reduce the amount payable by a reasonable amount.
7. YOUR OBLIGATIONS
We want you to enjoy your stag or hen event without causing distress, annoyance or damage to third parties. By booking with us, the Group Leader agrees to accept responsibility for the conduct of each of the group members so that no offence will be caused to third parties. We expect our suppliers to treat you, our customers, with the utmost respect and courtesy and in return we expect you our customers to act in the same way towards our suppliers. If you or a group member behaves in a manner that is deemed abusive or unpleasant or threatens or disrupts the safety or enjoyment of others, we or our suppliers may, at our or their reasonable discretion, cancel your reservation without notice and with immediate effect and with no refund. You may be required to vacate accommodation without notice. You must adhere to any conditions and instructions given by our suppliers and a breach may result in immediate cancellation of all or part of the reservation. If requested you must deposit with the hotel management a valid credit card authority or cash bond facility to cover extra costs or breakages or damage attributable to your group, and you may be refused entry to the accommodation without it and no refund will be due.
You must notify us of any medical conditions of any group member that may affect their participation. Should we or any of our suppliers determine that you or a group member(s) are not fit to participate in any part of the itinerary due to excessive alcohol or drug consumption, then we, or our suppliers, may, at our reasonable discretion, cancel that part of the itinerary and no refund will be due.
8. OUR OBLIGATIONS
Should services you have booked not be provided and the reason for the failure in the arrangements was your fault or the fault of your group then the money you have already paid may be at risk. Should services you have booked not be provided and there has been no fault on our part or that of our suppliers and the reason for the failure in the arrangements was the actions of a third party unconnected with the arrangements or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised then the money you have already paid may be at risk. Where you become aware of an event that may lead to all or part of your itinerary being unavailable, please contact us using the contact details in the Proposal and we will endeavour to resolve the issue. Where the client suffers death or personal injury as a result of an activity forming part of a booking with us, we do not accept liability if there is no fault on our part or that of our suppliers or the cause was the client's fault, the actions of a third party unconnected with the arrangements or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised.
You hereby agree that you (and not us) will bear the cost of any claim of loss or injury sustained during activities booked through us, and you and your group members participate entirely at your own risk. Certain activity providers may insist you sign an insurance indemnity and waiver form; therefore you participate at your own risk, and we shall not be liable for your participation. We will not be responsible or held liable for participation in activities that are not booked as part of the itinerary or which have been booked independently. You accept and shall bear the cost of any claim for injury, death or failure when participation of the booked itinerary is conducted whilst under the influence of medication, drugs or alcohol. Participation within the booked itinerary is at the sole discretion of the service providers and you may be refused participation or entry if the service provider deems group member(s) to be under the influence of medication, drugs or alcohol, and if this occurs, the service provider's decision is final and we accept no liability whatsoever and you agree to bear the cost in respect of any claim.
We will only be liable for losses that are foreseeable and caused by our own negligence.
Nothing in this contract shall exclude or limit our liability for death or personal injury caused by our negligence nor affect your statutory rights.
Nothing in this contract limits or excludes our liability for any damage or liability incurred by you as a result of any fraud or misrepresentation by us.
Although we pride ourselves on the quality of our arrangements, sometimes things may go wrong. Should you have a complaint about any aspect of your booking, please ensure you refer the matter immediately to the supplier concerned with the aim of resolving the issue there and then. If the problem is not resolved to your satisfaction, you must forward your complaint with supporting evidence to us within 7 days of returning home. We will then investigate on your behalf. Failure to raise issues with us within this time frame will adversely affect our ability to carry out such investigations. We are not able to investigate problems unless they have been raised directly with the service provider at the time. We will always endeavour to reply initially to your complaint within 28 days. In the event of dispute, you will ultimately have the right to take a matter to court where you are so legally entitled.
11. DAMAGE TO EQUIPMENT
If as a result of your doing or that of your group, we incur any loss or expense as a result of any damage to any of or suppliers' equipment or premises then we will seek to recover such losses and expenses from you.
Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.
If you are a resident in the UK then the relevant UK law will apply to the Contract and the relevant UK Courts will have exclusive jurisdiction in relation to the Contract. If you are not resident in the UK then English law will apply and the English courts will have exclusive jurisdiction.
If you have any doubts as to your statutory rights in relation to this Agreement please contact your local Trading Standards Department or Citizens Advice Bureau for further information. PJD/PJD/UKM/26446793.2