XSITE LEISURE
STANDARD TERMS AND CONDITIONS
1. Definitions
The parties referred to in these terms and conditions are as follows:
“Additional Services” means Services, which are agreed after the signing of this
“Agreement”.
(ii) “Agreement” means the Booking Confirmation of event date and price.
(11)
“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 ta 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”.
“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
(viii)
2. 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.
3. Payment
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 7 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 no later than 14 days after the Event
Date.
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.
(Please note there will be a 3.0% surcharge on credit card payments). 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 to charge a £30.00 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,
4. 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
30% of the agreed Consideration
(ii) Between 2 and 8 weeks before the Event Date 50% 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 entire discretion. A payment of
£45.00 administration charge will be required in the event that the Company agrees in its
absolute discretion to change or postpone the event date. This administration charge may
be waived at the sole discretion of the Company. In the event that a Client books at short
notice 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.
5. 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. 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.
6. Damage
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 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
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.
7. Behaviour
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 Event the
Client or the Participant will at the request or instruction of the Company or its
Representative leave the site of the Event 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 Event until any request or instruction to leave as
aforesaid has been fully complied with.
The Company will on 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 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.
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.
8. Indemnity Form
Prior to the commencement of the Event the Client and all Participants must sign an
Indemnity 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 Event or Activity
9. Liability
The Company carries full legal liability cover up to a limit of £1,000,000 for any one
occurrence but unlimited in all in respect of the operation of all Events
acts of
extent to
10.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,
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
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. The Company will offer a voucher in lieu of the activities
booked which will be used when the Company are able to restart the activities. No refunds
will be given.
11. Refusal of Admission
The Company reserves the right in its absolute discretion to object to the attendance, on
behalf of or at the request of the Client of any person(s) and the Company reserve the right
in its absolute discretion to refuse admission to the Client or any of the Participants.
12. 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 any 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.
13. Variations
No variation of this Agreement shall be binding upon the parties to this Agreement unless it
is in writing and signed by the parties.
14. Amendments
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.
15. Event 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.
16. 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.
17. Quad Bike Riding
It is at the sole discretion of the instructor to allow participants to partake in the Farm 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 Farm trek. Should that event arise the refused participant with
have no claim against the company nor shall they be entitled to any refund.
18. Accidents
In the event of an accident occurring in any activity the participant will complete the accident
damage for giving full details of how the accident occurred, the damage sustained to both
the participant and the equipment
. The participant will also provide details of a credit/debit
does not site until this clause has been complied with fully
. In the event that
the Participant
card and irrevocably agree to pay for such damage. The participant
will not be allowed att
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.
19. Health and Safety Restrictions
Health and safety preclude us from using more then one kart on track unless there are 6 or
more people within the group within an hour session. Heath and safety also restrict us to a
maximum of 6 client quad bikes at any one time within a safari woodland course under the
supervision of a minimum of 2 instructors. Moreover, there shall be NO racing of any
motorised vehicle whatsoever by any participant at any time whether under Instruction or not.
20. Vouchers
Vouchers are only redeemable during the life time purchased i.e. within 3 months 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 (subject to an a small administration charge of
£15.00) however they must be extended before the voucher expires.
21. 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. The Company
will not offer any refunds