(i) Off-Limits Corporate Events Limited trading as Off Limits or Hen Weekends ("The Company") - Supplier of Services
(ii) Receiver of said Services ("The Client")
(iii) Persons acting as Servants or Agents for the Company (The Servant or Agent)
In entering into this agreement for the supply of services, the parties agree to be bound by all the conditions exemptions and provisions contained herein whether written, printed or stamped on the front or back hereof. This Agreement is between the Company and the Client and sets out the terms and conditions for the provision of corporate entertainment services ("the Service") for the Event Date. Where the terms of this Agreement imply obligations, requirements or constraints on the venue will be party to said obligations, requirements or constraints by way of the Agreement. "Event Date" - is the date of which the client wishes to book the Service and is stated above "Booking Confirmation" - this is attached to this agreement and is the program of events for the Event Date "Service" - the supply of various activities and events and the provision of associated services more fully described in the Booking Confirmation "Contract Price" - is the price for the Service and defined above. The client is liable to pay the Contract Price in accordance with the terms herein.
1. Its is hereby expressly agreed that each and every Servant or Agent of the Company (including every Independent Contractor from time to time employed by the Company) shall take the benefit of every exemption and limitation herein contained and every exemption from liability, defense and immunity of whatever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect every such Servant or Agent of the Company and for the purposes of all the provisions of this condition, the Company is or shall be deemed to be act as agents or trustee on behalf of and fro the benefit of all persons who are or might be its Servants or Agents from time (including Independent Contractors as a aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this agreement.
2. The deposit required to book and secure an event is £50 OR 50% of the contract price (whichever is the least amount). The deposit along with your signed booking form is required to be sent to the Company at the time of the booking. You agree to pay the balance of the Contract Price not less than 28 days before the Event Date.
a) A £20.00 non refundable and non transferable per person deposit will then be required 4 weeks after booking. A balance reminder will be sent prior to the date due. You will be sent log in details to pay online.
b) Where applicable, if a further deposit is required to secure an event/hotel this is non-refundable - all details will be given at time of booking if this applies.
3. The Company will only accept a booking upon receipt of the Booking Deposit and signed booking form. Until the aforementioned are received, the Company shall be free to offer the Event Date to other interested parties.
4. If in any reason the Client cancels the booking
a) before 28 days from the Event Date, the client shall be liable for the deposit plus individual deposits of £20.00 per person paid will be non refundable.
b) within 4 weeks of your booking being confirmed, a £20.00 per person deposit is required for each person attending. Your booking will automatically be reduced to reflect the number of per person deposits received.
c) less than 28 days before the Event Date, the Client shall be liable for 100% of the full Contact Price.
5. If for any reason the Client fails to give notice to the Company more than 28 days before the Event Date that the number of guests that has be contracted for is to be reduced, the Client will be liable to pay the Contract Price in full for the number of guests originally booked in the Event Contract.
a) Should any you require any additional amendments to be made after your cut off date; this will be charged at £10 per amendment
b) If full payment is not made by the stated due date a £15.00 late payment charge will be added to your booking.
6. We reserve the right at any time to cancel or change any of the facilities, services or prices, including, accommodation, activities, restaurants, entertainment venues and to substitute alternative arrangements of comparable monetary value without compensation and accept no liability for loss of enjoyment as a result of these changes.
7. Most accommodation that we use is based on twin rooms, unless otherwise stated. However, subject to changes in numbers and most suitable configurations, we reserve the right to move members of the same sex to different room configurations to make the best use of available accommodation.
8. If your group numbers are confirmed at an odd number you will be advised; depending on your accommodation; if a single supplement will be added to your booking as this will increase the price.
9. Once your booking is fully confirmed please check all details are correct. If you require any alterations to your booking please ensure this is done before final payment is made. Upon full payment, your booking is confirmed and date changes or refunds can not be made.
10. Should any amendments or rearrangements need to be made during your weekend as a result of not checking your booking we will endeavour to assist you in the matter and where possible provide alternatives (subject to availability). Please be aware that any changes made as a result of this will incur a cost of £200.00 administration fee.
11. You may decide to make one or more booking with us at the same time. Please note that irrespective of the various products you book, for example a flight booking or a hotel booking, each booking is a separate booking and your bookings, even though they may be linked to the same dates of travel, do not constitute a package as defined in the Package Travel, Package Holidays and Package Travel Regulations 1992 ("Package Travel Regulations 1992") nor the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995, Amended 2003 ("ATOL Regulations").
We can provide a breakdown of individual elements of your booking at your request.
12. We must be notified of any cancellations or amendments immediately by the client, cancellation of booking is required in writing. Please note that should you cancel your weekend before your cut off date, any payments made online or over the telephone prior to your booking cancellation will be refunded individually back to a client/s and an administration charge of £10.00 per transaction will be deducted from the amount paid. The booking deposit is non-refundable plus nor the £20.00 per person deposit that was paid 4 weeks after the initial booking date.
13. Before 28 days prior to your weekend we will not charge for cancellations providing the contract price does not fall below the deposit amount. When a cancellation is made 28 days before arrival your final contract price is altered. However, we reserve the right to cancel the event if the change in the group size makes it impractical or uneconomical for you or us.
14. We are an activity based company so therefore your package MUST include a daytime event. We are unable to offer just evening packages.
a) Some events require confirmed numbers 28 or 21 days before the weekend date. You will be aware of this if your event does require such notice and should you cancel the event you will be liable for the event cancellation cost.
15. We reserve the right to terminate any part of your event if for any reason your safety is threatened, including but not limited to adverse weather conditions. If this occurs we will endeavor to make every effort to reschedule the event for another date. Please be aware we"re not obliged to give any refunds in cases of adverse weather conditions.
a) It's a knockout and selected Driving Events are subject to cancellation due to minimum numbers required.
16. Refunds will not apply in the following circumstances; war or threat of war, riots, civil unrest, terrorism, industrial disputes, natural or nuclear disaster, fire, technical problems or any other occurrence beyond our control.
17. The Client and each and every guest agrees to abide and comply with any request or order made by or on the Company's behalf on the grounds of safety, whether it be the safety of the venue, the guests or some other person, or on any other grounds.
18. The Client and each and every guest agrees that the opinion of the Company or its Servants or Agents is final in regard to any matters of safety and the Client and each and every guest agrees to abide by any such opinion howsoever expressed. If in the opinion of the Company, its Servants or Agents, the Client is or may be behaving dangerously or is acting in a manner which would or may, in the opinion of the Company, its Servants or Agents, lead to a disruption of services at the Event, the Client or guest will, at the request of the Company, its Servants or Agents leave the event for the rest of the day contracted for, without the Company, its Servants or Agents encountering any liability.
19. All timings for any events or activities will be provided in your Welcome Pack, this will be sent to you 14 days before your weekend. It is your responsibility to ensure you take the Welcome Pack on your weekend as this includes all relevant information for your booking. Please do ensure that you arrive on time. Should you arrive late and your event or activity time is reduced or cancelled, Off Limits will not offer a refund or any reimbursement for lateness.
20. Certain accommodation and event suppliers insist on a behaviour bond to be deposited by the group on arrival. Please refer to your Welcome Pack for this information or contact our Head Office prior to your weekend.
21. You are responsible for any damage you cause to the accommodation or other property of our suppliers.
22. Please also note our suppliers have the right to refuse entry, use of their equipment or use of their accommodation should you turn up intoxicated, you will not be refunded for loss of part or the whole of your package.
23. If you have a complaint regarding any element of your booking you must notify us in writing. If a complaint arises during your weekend you must telephone our Emergency Contact Number and speak with an Off Limits Representative. If you fail to call and report any such incidents or issues we will not consider ourselves to be liable for those complaints. All concerns must be forwarded in writing to us within 3 working days after your event. We will acknowledge receipt of your correspondence and we will respond to all complaints in written format within 14 days.
24. The Company covenants to maintain an insurance policy substantially in the form existing at the date of this Agreement, a summary of which policy is available on request.
25. The Client will be liable for the first £200 of any damage to the vehicles or other equipment supplied by the Company, arising out of an act or omission of the Client, unless the cause of the said damage be deliberate, in which event the said Client will be liable for all the damage so caused. In the event of damage to more than one vehicle or piece of equipment.
27. Each party will be responsible for, and will indemnify the other party with respect to, third party claims for personnel injury and property damage based on each party's common law liability, including claims by employees of the parties. We advise all clients take holiday insurance for the duration of their event.
27. The Company and its Servants or Agents accept no responsibility for unforeseen events causing the Event to be cancelled or altered from that contracted for, although every effort will be made to proceed with the Service where at all possible.
28. In the event of any disputes or claims under this contract, all matters will fall under United Kingdom jurisdiction and should legal proceedings be necessary, all legal matters will be dealt with through United Kingdom courts.
"you" and "your" means all persons or any of them named on the booking including anyone added or substituted at a later date, and/or the person who has signed the booking form and includes all the people on whose behalf it has been signed.
"we" and "us" means European Weekends Ltd.
"supplier" "representative" means the company or person handling or providing the activity or service on our behalf.
A non-refundable deposit is payable at the time of booking, which will be a minimum of 20% unless otherwise stated, and the balance payable in accordance with the product confirmed, which will be stated at the time of booking and payable at least 6 weeks before departure date. All payments made by credit card will incur a surcharge of 2.5% of the transaction value, there are no additional charges for payments by debit card. All payments made by cheque should be made payable to TTA Trustees (UK) Ltd T/tess of European Weekends Ltd.
In the event that you do not pay for the product specified within the time limits specified by European Weekends Ltd we reserve the right to cancel your booking on your behalf, or not to confirm the final booking with the operator, in either case without further notification to you. If this occurs then the initial deposit will not be refundable and the balance of any further money paid by you for the travel product will be dealt with in accordance with the operator's terms and conditions and any applicable law.
If your group has a online payment system set-up any over the phone payments will incur a £10 handling fee per transaction.
3. YOUR FINANCIAL PROTECTION
We are a member of The Travel Trust Association (TTA), membership number U2874, to provide for your financial protection in the unlikely event of our insolvency and to comply fully with the Package Travel Regulations 1992. For this reason there will be a charge of £2.60 plus 5% tax per person to cover your 'safe seat plan' insurance.
The receipt/invoice is your final account and no further reminder regarding payment will be sent.
All cancellations must be received in writing immediately. Cancellation charges are as follows (except for flight bookings), percentages referring to the total price:
0-28 days before travel date - 100%
29-70 days before travel date - 50%
more than 71 days before travel date - loss of deposit
If you only cancel part of your booking or decrease the number of people in the party then any relevant refund will only be paid once the entire booking has been recalculated and any changes in price taken into account.
All payments made in respect of flight bookings are non-refundable at any time.
Where possible we will endeavour to accommodate any reasonable request to change your booking. Where your travel arrangements depend on a certain number of people and your change involves a change to the number of people in your party the price for the entire booking will be recalculated on the basis of the new party size. Where we are not able, at our discretion, to help you in respect of your request to change your booking and you are not prepared to proceed with your travel arrangements as booked this will be treated as a cancellation and you will have to pay the cancellation charges set out above in this paragraph.
Changes to your booking must be confirmed in writing by the lead passenger to your event organiser; no changes can be made within 28 days of travel. Any changes will incur an administration fee of £30 per booking in addition to the cost of any extra services required.
If full payment is not made by the stated due date £15.00 late payment fees will be added to your booking.
By European Weekends
Although it is unlikely that we will need to make changes or cancellations we reserve the right to do so at any time. Most of these changes will be minor and due to circumstances beyond our control. We shall inform you of such changes as soon as possible and offer an alternative of a comparable standard, if available. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by "force majeure" to change or terminate any part or all of your booking either immediately before or after departure. If this situation does occur we will not make any refunds unless we obtain refunds from our suppliers, nor can we pay any compensation or meet any costs or expenses you incur as a result.
6. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these booking conditions, "force majeure" means any event, which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with your own and the other party's legal costs) as a result of your actions.
We expect our clients to have consideration for other people. If, in our reasonable opinion, or in the opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without your prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements.
No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
In the unlikely event that you are dissatisfied with any services provided by us or our representatives you must immediately inform the relevant supplier. Failure to notify the supplier immediately whilst on your trip may deprive us/them of the opportunity to rectify the complaint whilst you are away and this may affect your rights under this contract.
If your complaint is not resolved locally and you remain dissatisfied you must write to us - European Weekends, Eastview Terrace, North Street, Langley Mill, Nottinghamshire, NG16 4DF - within 28 days of your return home. We will acknowledge receipt of your correspondence and we will respond to all complaints in written format within 28 days. Please rest assured we will do our best to resolve your case more swiftly than this. No complaint will be accepted after 28 days of your return and you will be deemed to have been fully satisfied with all parts of the booking made by us.
The contractual terms and conditions of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which may limit or exclude liability to you for certain events.
In respect of activities arranged by us as part of your travel arrangements, we act only as booking agent. We therefore exclude all liability for any aspect of the activity arrangements and, in particular, liability for any loss, personal injury or death. Where activities are indicated as being available it is not intended that this should be taken as a recommendation to take part. We neither own nor operate these facilities and therefore cannot and do not provide assurances that they are maintained or operated with customers safety in mind. Please note that some activities may also be considered "hazardous pursuits" by insurance companies and may require a premium if you wish to be adequately covered by the policy you decide to take out.
10. LATE ARRIVALS / DELAYS
It is your responsibility to arrive at all departure or pick-up points at the time specified in the tickets and/or itineraries supplied by European Weekends Ltd.
We will not accept responsibility for the consequences of late or non-arrival as specified above and no money will be refunded if you miss any part of your weekend as a result. Where the arrival time for your flight is delayed and we have arranged airport tranfers it is your responsibility to contact the local guide/supplier given to you on your paperwork to advise of the delay. We will endeavour to hold the transfer for as long as possible but if this is not possible you will have to make your own arrangements on arrival and European Weekends will not be liable for any additional costs incurred or refunds if you have not followed the above procedure.
11. PASSPORTS, VISAS, HEALTH REQUIREMENTS AND DRIVING LICENCES
You are responsible for the provision of necessary valid documents required for your trip including visas.
We strongly advise all customers to have adequate travel insurance in place as soon as a booking is confirmed, including adequate cover for any activities included in your weekend. This is your responsibility and an insurance waiver form must be signed by you to this effect. However, there is a mandatory 'safe seat plan' payment protection insurance of £2.60 plus 5% vat which is automatically included in your holiday costing.
Prior to travelling abroad, you are advised to study the information given in DHSS Leaflet "Protect your Health Abroad".
14. ATOL PROTECTION (ATOL Number 7165)
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
14.1 FLIGHT PROTECTION
Many of the flights and flight-inclusive holidays are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.