Terms and Conditions 2020
STANDARD TERMS AND CONDITIONS
The parties referred to in these terms and conditions are as follows:
(i) “Additional Services” means Services, which are agreed after the signing of this “Agreement”.
(ii) “Agreement” means the Booking Confirmation of event date and price.
(iii) “Balance” means the “Consideration” less the “Deposit” previously paid by the “Client”.
(iv) “Client” means the contracting Company or person.
(v) “Company” means Activity Advisor Limited t/a Event Advisor and Southern Pursuits.
(vi) “Consideration” means the consideration payable by the “Client” to the “Company” as stated in the “Agreement” and shall be calculated on the initial minimum number of participants indicated on the “Agreement” or the number actually attending, whichever is greater.
(vii) “Deposit” means a deposit equal to 30% of the “Consideration”.
(viii) “Event Date” means the date as stated within the “Agreement” on which the “Services” will be provided by the “Company” to the “Client”.
(ix) “Participant” means all or any invitees of the “Client”.
(x) “Payment Dates” means the dates upon which the “Deposit” and the “Balance” are due and payable to the “Company”.
(xi) “Representative” means any person or persons acting as servants or agents of the “Company” or independent contractors from time to time employed by the “Company”.
(xii) “Services” means all services provided by the “Company” at the request of the “Client”.
(xiii) The “ Lead Name” is the person who books or represents the Client if the Client does not attend
(xiv) “Short Notice” within 3 days of event taking place
(xv) “Staff Member” is a person engaged by the Company to carry out the Company operations
- Application of Terms and Conditions
These terms and conditions apply in respect of all Services and Additional Services supplied or carried out by the Company under this Agreement on the Event date and no modification thereof is binding unless in writing and signed by a Duly Authorised Officer of the Company. These terms and conditions override any other terms and conditions stipulated, incorporated or referred to by the Client.
The contract to which these terms and conditions apply shall not be assignable, and such a contract shall be governed by and construed in all respect in accordance with the laws of England and Wales.
The Client shall pay the Deposit to the Company on execution of this Agreement.
The Client shall pay the Balance to the Company no later than 7 days prior to the Event Date.
Additional Services shall be payable to the Company no later than 14 days prior to the Event date. Any Additional Services requested after this time shall be subject to a separate invoice which shall be payable by the Client to the Company immediately upon receipt by the client of the invoice.
Until the minimum Deposit has been received from the Client, the Company shall be under no obligation to retain any particular Event Date for the Client and will be free to offer it to other interested parties. The Event shall not run unless the Company has received the full consideration by the stated time.
Payment will be accepted via Visa or Mastercard’s Credit Card or a Bank Debit Card BACS or CHAPS payment (Please note there will be a no charges for the use of Credit Cards) However if a client uses more than one credit for payment the Company reserve the right to make and administration charge of 2.9%). Interest at 3% above HSBC Bank PLC base rate per month will be charged on all payments not received by the due date. The Company also reserves the right at its sole discretion to charge a £50.00 administration charge should the consideration not be paid by the due date. Such charge will continue on a daily basis until the event is paid for in full or cancelled which ever shall occur first,
- Cancellation Terms
If the Client cancels or postpones this agreement at any time during the relevant period, then the Client shall pay to the Company the Consideration as follows:
(i) More than 8 weeks before the Event Date 35% of the agreed Consideration
(ii) Between 2 and 8 weeks before the Event Date 55% of the agreed Consideration
(iii) Between 1 and 2 weeks before the Event Date 75% of the agreed Consideration
(iv) Less than 1 week before the Event Date 100% of the agreed Consideration
The event date can only be changed at the Company’s sole discretion. A payment of £50.00 administration charge will be required in the event that the Company agrees in its absolute discretion to change or postpone the event date. In the event that a Client books at short notice, or has booked a Special Deal or Sales Package and is unable to attend for any reason then the payment made by the Client will be forfeited. The Company may at its own discretion offer a Voucher in lieu of any monies forfeited.
In the event that a Client books an event and then cancels within 24 hours or thereafter for any reason an administration charge of £25.00 will become payable. Such charge will be applied at the sole discretion of the Company
Refunds will be paid 21 working days after cancellation less any administration fees payable. They will only be repaid to the person who booked and paid for the event.
- Change in Numbers
A request to increase the number of guests may be made at any time but it may not be possible to accommodate this change. Any extra guests must be paid for according to the current price list prior to the Event Date or a soon as practicable after the main booking. Once the Event Date is booked, numbers can be reduced at any time but the consideration to be paid will remain as shown on the Agreement.
The Client is liable for all damage to equipment whether motorised or not beyond normal wear and tear to each and every vehicle or other item of equipment supplied by the Company arising out of any negligent act or omission of the Client or any of their Participants. If any of the Participants are under the age of eighteen, prior written permission must be obtained from the Parent Guardian or Company/Association/Council before they can participate. If permission is granted then it is the responsibility of the Parent/Guardian or Company/Association/Council to ensure that all their Participants have sufficient command of the English language in order that they understand instructions given to them in the safety briefing and whilst driving. Should any participant being under the age of eighteen years but driving with the permission of the Parent/Guardian or Company/Association/Council then should any accident occur resulting in damage to the equipment then the Parent/Guardian or Company/Association/Council will take full responsibility for the repairs of the damaged item or items and reimburse the Company for such repairs.
The Client for and on behalf of itself and each and every Participant agrees to abide by and comply with any request or instruction made by or on behalf of the Company on the grounds of safety whether it be the safety of the Client, the Participants or some other person or on any other reasonable grounds. The opinion of the Company and its Representatives shall be final as regards any matters of safety and the Client for and on behalf of itself and every Participant agrees to abide by such opinion howsoever expressed.
If in the opinion of the Company or its Representative the Client or a Participant is or may be behaving dangerously or is acting in a manner which will or may in the opinion of the Company or its Representative lead to a disruption of services at the contracted Activity the Client or the Participant will at the request or instruction of the Company or its Representative leave the site of the Activity for the remainder of the day contracted for and in such circumstances the Company and its Representative shall be under no further liability to the Client or the Participant as the case may be. The Company reserves the right to suspend all activities at the contracted Activity until any request or instruction to leave as aforesaid has been fully complied with.
The Company will not allow any participant to use any of the activities if in the sole opinion of the Company or its Representative the participant is under the influence of alcohol or drugs or any other substance which would likely impair or infringe the participant in the use of any activity. The Company reserves the right to request any such participant to leave their site. The Company’s decision shall be final and there shall be no right of appeal against the decision. If the participant refuses to leave then the Company shall be within its rights to cancel the remaining activities and dismiss all participants from their site without refund or any compensation or damages being payable.
- Indemnity Form
Prior to the commencement of the Activities the Client and all Participants must sign an Indemnity/Disclaimer Form, the terms of which will be available on request. Until a Participant has signed such disclaimer s/he will not be permitted to participate in any Activity
- The Company carries full legal liability cover up to a limit of £10,000,000 for any one occurrence but unlimited in all in respect of the operation of all Activities.
- Force Majeure
If the Company is unable to perform any of its obligations under this Agreement by reason of any circumstances, cause or event outside its control including (without limitation of the generality of this Clause) any governmental restrictions, adverse weather, riot, commotion, acts of God, industrial action, breakdown of plant or any failure of gas, water service, electricity etc., the Company shall be entitled to be relived of its obligations hereunder to the extent to which performance of the obligations is prevented, frustrated or suspended. The Company will use its best endeavours to reschedule the event as soon as practicably possible after such occurrence as listed In the event that it is not possible to reschedule for any reason the circumstances of non-performance if the obligations of the Company hereunder shall not entitle the Client to claim damages of any kind whatsoever whether direct, indirect or consequential.
- Refusal of Admission
The Company reserves the right in its absolute discretion to object to the attendance of any person who appears to be or is acting in anyway disruptive, abusive to staff members or uncooperative. In the event of such occurrence then the participant who is being disruptive, abusive or uncooperative will be requested to leave the site. In the event of that occurring then no refund will be given. Due to Covid-19 The Company will take temperatures of all participants/site visitors. Should the temperature of any one participant be higher than 37.8 degrees, then admission to the site and activities will be refused to all persons accompanying or participating with in the person whose temperature is above normal.
- Late Arrivals
The Company reserves the right in its absolute discretion to refuse admission to the Client or any of the Participants should they arrive later than the scheduled arrival time or miss the safety briefing. The Company shall not be held responsible for event times being cut short as a result of Client or Participant lateness. The Client or Participants shall not be entitled to any refund as a result of any event being cut short.
No variation of this Agreement shall be binding upon the parties to this Agreement unless it is in writing and signed by the parties.
No relaxation or indulgence which the Company may from time to time extend to the Client shall in any way prejudice or act as a waiver of the Company’s rights hereunder.
- Activity Timing
Whilst every effort is made to ensure that the Client or Participants do spend an hour on each event the Company cannot be held responsible if for any reason the time is less or the event is cut short. The Client or Participants shall not be entitled to claim any refund in part or on the whole of the amount paid.
- Non-Attendance by Client
If for any reason the Client does not attend the event then the “Lead Name” or such person who represents the Client will supply at the request of the Company an acceptable form of Identification such as a valid Driving Licence, a Valid Passport such identification must include a Valid address. Moreover, and to prevent Fraud the “Lead Name” will be required to guarantee the booking by furnishing details of a Valid Credit/Debit Card which, in the event of the original Credit/Debit card being charged back, declined or cancelled then the “Lead Names’” Credit/Debit Card will be substituted and payment in respect of all the activities undertaken will be charged to the substituted Credit/Debit Card and by signing the Credit/Debit card form the Lead Name irrevocably agrees to authorise such transaction. In the event that the “Lead Name” refuses to comply with this clause then the event will be cancelled and no refund will be given.
If a Client or Participant has booked through an Agent or other Third Party then upon arrival the Client or Participant who intends to take part in the event or activities will provide a copy of their Credit/Debit Card as security against damages occurring to any equipment used. In the event that no damage occurs then the relevant information taken from the Credit/Debit Card with be destroyed at the end of the days activities.
- Quad Bike Riding
It is at the sole discretion of the Instructor to allow participants to partake in the woodland trek. If any Instructor believes that a particular participant cannot, in view of all the circumstances, competently handle a quad bike in a safe and confident manner he may refuse to allow that participant to take part in the woodland trek. Should that event arise the refused participant will have no claim against the company nor shall they be entitled to any refund. If during a Quad biking activity, a Quad Bike breaks down or ceases to properly function then providing such breakdown is as a result of a mechanical failure or malfunction then a replacement Quad Bike will be offered. In the event that the breakdown or malfunction is as a result of participant stupidity then no replacement Quad Bike will be offered. The quad bike riding is carried out at a speed just above walking pace in order reduce risks and unnecessary accidents.
In the event of an accident occurring in any activity the participant/or the lead client will complete the accident damage notification form giving full details of how the accident occurred, the damage sustained to both the participant and the equipment. This notification is in accordance with Health & Safety. The participant/ lead client will also provide details of a credit/debit card and irrevocably agree to pay for such damage. The participant will not be allowed to leave the site or participate in further activities either individually or with his/her group until this clause has been complied with fully. In the event that the Participant does not have a credit/debit card then the Company will accept a substitute person who will give full details as requested by the Company and will irrevocably agree to pay for such damage/repairs.
Details of all accidents will be recorded in the Company’s accident report book. A copy of such report will be provided upon the request of the Client, together with a copy of the accident damage form.
In the event that the participant is hospitalised, the participant will as soon as practically possible notify Company, so that the Company can file the appropriate RIDDOR report.
In the event that that a participant/lead client is injured through their own negligence resulting in hospitalisation, they will be not be entitled to any refund for any activities which have not been completed by them as a result of injury. If the remaining members of the group fail to continue with the uncompleted activities they likewise shall not be entitled to any refunds.
- Health and Safety Restrictions
Health and Safety preclude us from using more than one kart on track unless there are 6 or more people within the group within an hour session. Health and Safety also restrict us to a maximum of 12 client quad bikes at any one time within a safari woodland course under the supervision of a minimum of 4 instructors. Moreover, there shall be NO racing of any motorised vehicle whatsoever by any participant at any time whether under Instruction or not. Any participant who in the sole opinion of the Staff Member misbehaves or incites others to mis behave in such a way that it could be considered dangerous will be asked to stop the activity and will be instructed to leave the site. In the event that a participant refuses to comply with a request of the Instructor, then the Instructor has the absolute discretion to stop the entire group activity. The participant/client will in the event that the activity is stopped for misbehaviour will not be entitled to any refund whatsoever.
Vouchers are only redeemable during the life time purchased i.e. within 3months or 6 months. Vouchers must be used during their purchased lifetime and cannot be redeemed for a date outside the original purchase period. Unused vouchers or expired vouchers are not refundable. Vouchers can be extended at the sole discretion of the Company (subject to a £12.00 administration charge per month of extension) however they must be extended before the voucher expires.
- Activities in General
The Company reserves the right in its sole discretion to change or swop activities without notice if in sole opinion of the Company it is not possible for reasons outside the Company’s control to run a particular activity. Should the Client or participant refuse to accept the change then a voucher for the original activity will be offered and the Client or participant will have no other claim against the Company.
- Misbehaving on Equipment
If at the sole discretion of a Staff member a participant or member of a group misbehaves on any equipment or behaves in such a way as to cause a danger to any staff member or other person or persons who are engaged in or watching activities, then that participant will be immediately requested to cease operation of the equipment or in the case of motorised activities the keys will be remove and will be escorted from the site. Should that eventually occur no refund will be offered and the participant will have no claim against the Company.
Southern Pursuits is a trading name of Activity Advisor Ltd.
Registered Office : 49a Gatwick Road, Crawley, West Sussex, RH10 9RD
Registered in England:
Company Number 5675118